Live Oak, Sutter County Municipal Code Ch. 15.50 Development Impact Fees

In order to implement the goals and objectives of the Live Oak General Plan, to maintain existing levels of service, and to mitigate the impacts on City streets, parks, and governmental, police and fire facilities caused by anticipated new development within the City, certain public improvements must be constructed as development occurs. The City Council of the City has determined that a development impact fee is needed to finance these necessary public improvements and to pay a fair share of acquisition and improvement costs and other costs necessary to implement the goals and objectives of the Live Oak General Plan and to maintain levels of service consistent with levels of service now enjoyed by citizens of the City. The City Council has determined that the application of the fee is consistent with the City's General Plan and, pursuant to Section 65913.2 of the Government Code of the State of California, has considered the effects of the fee on meeting the City's housing needs as established in the housing element and other elements of the City's General Plan.

(Ord. 381 § 3, 1992; Ord. 533 § 1, 2011)

A. A development impact fee is established on issuance of all permits entitling construction of, or remodeling for change of use to create new residential units and new nonresidential facilities within the City, to pay for costs of improvements necessitated thereby as described in Section 15.50.010. The City Council shall, by ordinance, set forth the specific amount of the fee to be imposed, describe the benefit of the improvements required, list the specific public improvements to be financed, describe the estimated cost of the facilities and identify the reasonable relationship between the fee and different types of new development. After the development impact fee has been established by ordinance, the City Council may from time to time adjust the development impact fee by resolution. The development impact fee shall be paid by each developer, at the option, either prior to issuance of a building permit or prior to issuance of a certification of occupancy, or at such earlier time permitted by law. The City Council may review the fees on an annual basis to determine whether the fee amounts are reasonably related to the burden of developments and whether the identified public facilities continue to be needed to serve the purposes identified in Section 15.50.010 above.

B. The development impact fees imposed by this chapter are independent of and not related to existing City capacity and connection fees or fees collected for acquisition of park land pursuant to other sections of this code.

C. The City Council has determined, based on a study and analysis in accordance with Government Code Section 66000 et seq., that: (1) projected new development will create a demand for additional public improvements, facilities and equipment to serve that new development at the same level of service enjoyed by current development in the City; (2) a direct relationship exists between the needed additional public improvements, facilities and equipment and the new development; and (3) estimated costs of the necessary public improvements, facilities and equipment to serve the new development are reasonable.

D. The City Council finds as follows:

1. The reasonable relationship between the need for the facilities to be funded by the fees and the specific development upon which the fees are imposed is as described in the attached report cited above.

2. The reasonable relationship between the amount of the fees and the cost of the public facilities or portion thereof attributable to the development affected is as described in the attached report cited above.

3. The proposed development impact fees have been considered; relative to their impact upon meeting the City's housing needs.

4. The proposed transportation fee for the commercial category of nonresidential development should be phased in to encourage commercial development. The proposed fee should be reduced by 45% from $ 14,197 to $7,808 for the transportation fee for the commercial category of nonresidential development only. This temporary reduction may be reviewed at any time to determine if any adjustment is necessary based on the overall economic conditions of the City and the reduced fee may be adjusted from time to time by resolution of the City Council.

5. The development impact fees shall be rounded up to the nearest whole dollar.

6. The development impact fee shall be paid by each developer, at the option, either prior to issuance of a building permit or prior to issuance of a certification of occupancy, or at such earlier time permitted by law.

7. The City Council may from time to time adjust the development impact fees by resolution.

8. The development impact fees will be adjusted upward annually by the U.S. Department of Labor's Bureau of Labor Statistics Consumer Price Index—All Urban Consumers, San Francisco All Items.

E. The development impact fees for 2026 will be charged as follows:

Notes:

(Ord. 381 § 3, 1992; Ord. 533 § 1, 2011; Ord. 546 § 1, 2013; Ord. 582 § 3, 2023; Ord. 588, 11/5/2025[1])

[1]

Editor's Note: This ordinance contained an attached resolution that reduced the 2026 fees by 50% from that stated in the ordinance.

The revenues raised by collection of development impact fees shall be placed in a separate and special account and such revenues, together with interest accrued to that account, shall be used solely to:

A. Pay for the construction of facilities described in the development impact fee analysis or resolution enacted pursuant to Section 15.50.020 above; or

B. Reimburse the City for those facilities constructed by the City with funds advanced by the City from other sources.

(Ord. 381 § 3, 1992; Ord. 533 § 1, 2011)