Sacramento County Municipal Code Art. 9 Land and/or Air Rights

The Board may permit an applicant for a building permit for nonresidential construction subject to this chapter to dedicate air rights or land to the County in lieu of payment of the fee required by this chapter. Such land and/or air rights shall be suitable for development of housing eligible for the Housing Trust Fund assistance as provided in Article 3. Such air rights or land shall be dedicated or irrevocably offered for dedication to the County. The fair market value of such land and/or air rights shall be equal to or greater than the amount of the fee otherwise required under Section 16.39.400.

(SCC 0801 § 1, 1990; SCC 1748, 1/7/2025)

An applicant for a building permit for nonresidential construction subject to this chapter who elects to proceed under Section 16.89.900 in lieu of payment of a fee under Section 16.89.400 shall apply to the Board for a certificate of in lieu housing impact fee payment. The application shall describe the proposed land and/or air rights to be dedicated, the factors which render the land and/or air rights suitable for use for Housing Trust Fund purposes, an independent appraisal of the fair market value of the property, and an irrevocable offer of dedication of such land and/or air rights or an equivalent document. The Board shall conduct an evaluation of the application including a second appraisal if appropriate. Upon a determination by the Board that the proposed dedication meets the requirements of Section 16.89.900, the Board may issue a certification of in lieu of impact fee payment. After verification of compliance with the certificate, the Community Development Department shall accept such certificate as the required compliance with this chapter.

(SCC 0801 § 1, 1990; SCC 1748, 1/7/2025)