Chapter 18.48

SACRAMENTO COUNTYWIDE TRANSPORTATION MITIGATION FEES

Sections:

18.48.010 Purpose. 18.48.020 Definitions. 18.48.030 Adoption of new or amended reports. 18.48.040 Establishment of development impact fees. 18.48.050 Additional findings to be made when establishing the amount of development impact fees. 18.48.060 Proceedings to establish the amount of development impact fees. 18.48.070 Imposition of development impact fees. 18.48.080 Exemptions. 18.48.090 Computation of fees. 18.48.100 Time of payment of fees. 18.48.110 Deferral of fees. 18.48.120 Automatic annual adjustment. 18.48.130 Adjustment of fee by resolution. 18.48.140 Protest of fees. 18.48.150 Creation of funds. 18.48.160 Use of funds. 18.48.170 Refund of fees paid. 18.48.180 Other fee and dedication requirements.

The Sacramento Countywide Transportation Mitigation Fee is implemented as a condition of receiving the City's allocation of local street and road maintenance funds statutorily dedicated pursuant to Sacramento Transportation Authority (STA) Ordinance No. STA-04-01. The fee is established to fund transportation improvements as defined in STA-04-01. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

The following definitions apply in this chapter:

"Automatic annual adjustment" means the automatic annual adjustment of development impact fees based on a change in construction costs described in section 18.48.120.

"Citywide benefit district area" means the real property located within the jurisdictional boundaries of the city.

"Development" means the uses to which property will be put, the buildings and improvements to be constructed on it, and the construction activities incident thereto, together with the process of obtaining all required land use entitlements.

"Development project" has the same meaning as defined in California Government Code section 66000(a).

"Director" means the director of public works or the director's designee.

"Dwelling unit" means any building or portion of a building used or designed for use as a residence by an individual or any group of individuals living together or as a family, excepting therefrom any unit rented or leased for temporary residency, such as a motel and hotel room.

"Fee" and "impact fee" and "development impact fee" means the monetary exaction as defined in California Government Code section 66000(b).

"Fee resolution" means any resolution adopted by the city council implementing the provisions of this chapter, including, without limitation, setting the amounts of the various fees established and the adoption of provisions for credits, reimbursements, and deferrals relating to those fees. "Measure A" means Ordinance No. STA-04-01 adopted by the Sacramento Transportation Authority on July 29, 2004, which established the Sacramento Countywide Transportation Mitigation Fee to be implemented by the County of Sacramento and each city within the county by April 1, 2009. "Measure A administration fee" means the fee imposed by the city for the cost of collection, deposit, investment, accounting, remittance, and reporting of the Measure A development impact fee. "Measure A development impact fee" means the Sacramento Countywide Transportation Mitigation Fee, the 30-year transportation mitigation fee program established pursuant to Ordinance No. STA-04-01. "Measure A expenditure plan" means the Sacramento County Measure A Transportation Expenditure Plan 2009-2039 dated June 10, 2004, as adopted by the Sacramento Transportation Authority under Ordinance No. STA-04-01, which plan specifies the allocation of Measure A sales taxes and Measure A development impact fees for specified public facilities. "Measure A impact fee analysis" means the study prepared by the city dated September 2008, which identifies the public facilities within the city or benefitting the city to be funded with Measure A development impact fees in accordance with the Measure A expenditure plan. "Measure A nexus study" means the Development Impact Fee Study dated June 2, 2006, as adopted by the Sacramento Transportation Authority by Resolution No. STA-06-0006, and as supplemented by the Measure A impact fee analysis. "Normalized cost per trip" means the cost for the improvements that the Measure A nexus study establishes based on vehicle trip generation rates. (Ord. 2017-0050 § 1; Ord. 2015-0015 § 10; Ord. 2009-005 § 4)

To implement the development impact fees established pursuant to the provisions of this chapter, the city council may, by resolution, adopt new or amended versions of any of the studies, reports, plans, or projections on which the development impact fees are based, except in such cases where amendments to the studies reports, plans, or projections must be made by ordinance. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

A. The following development impact fees are established pursuant to the provisions of this chapter to finance the cost of the following categories of public facilities required by development within the following specified benefit district areas:

1. Measure A Benefit District.

• a. Measure A Development Impact Fee. A development impact fee is established to provide funding for public facilities to serve the city, which facilities are described in the Measure A expenditure plan and the Measure A nexus study. The Measure A benefit district is the jurisdictional boundaries of the city.

• b. Measure A Administration Fee. An administrative fee is established to fund the city's cost to administer the Measure A development impact fee.

B. The city council, by resolution, shall establish the initial and subsequent amounts of the fees pursuant to section 18.48.060 and make the additional findings required under section 18.48.050 in establishing the amount of each fee. In addition, the city council, by resolution, may adopt additional provisions, procedures, and policies to implement the fees established by this chapter. The amounts of fees, provisions, procedures, and policies adopted by resolution pursuant to this subsection shall be consistent with the applicable financing plan, expenditure plan, or nexus study as referenced in subsection A of this section.

C. The city council, by resolution, may establish new or additional components of the fees identified in subsection A of this section as are necessary to accommodate phasing and stages of the development of the specified benefit district areas, or as may be contemplated by future amendments to the financing plan, expenditure plan, or nexus study as referenced in subsection A of this section. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

• When considering the amount of the fees established pursuant to section 18.48.040 or when amending those fees, other than in making an automatic annual adjustment as provided in section 18.48.130, the city council shall make the following findings in support of the fees:

• A. A finding that the fees have been determined and calculated in the manner consistent with the financing plan, expenditure plan, or nexus study as referenced in section 18.48.040. A; and

• B. The following additional findings, required by California Government Code section 66001, which demonstrate there is a nexus between the public facilities for which the fees are imposed and the need for the public facilities created by the development of residential and nonresidential property within the specified benefit district areas upon which the fees are imposed:

1. Findings that identify the purpose of the fees,

2. Findings that identify the use to which the fees are to be put,

3. Findings that demonstrate that there is a reasonable relationship between the use of the fees and the type of development project on which the fees are imposed,

4. Findings that demonstrate that there is a reasonable relationship between the need for the public facilities to be financed by the fees and the type of development project on which the fee is to be imposed, and

5. Findings that demonstrate how there is a reasonable relationship between the amount of the fees and the cost of the public facilities, or portion of such public facilities, attributable to the development project on which the fees are imposed.

C. In making the findings pursuant to this section and any other findings, the city council may consider all matters, whether offered orally or in writing, presented at the hearing or hearings conducted for the purpose of establishing or amending the fee, and any and all oral and written material presented to the city council and planning and design commission in connection with the adoption, approval or amendment of the financing plan, expenditure plan, or nexus study as referenced in section 18.48.040.A. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

• A. When setting the amount of the fees established pursuant to this chapter or when amending those fees, other than in making an automatic annual adjustment to the fees as provided in section 18.48.130, the city council shall hold a public hearing on the proposed fees or proposed amendment of fees in the manner required by California Government Code section 66018.

B. The effective date of any resolution adopted by the city council which establishes or amends, as the case may be, the amount of the fees established pursuant to section 18.48.040, shall be no sooner than 60 days following the final action on the adoption or amendment of the fee. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

• A. The Measure A development impact fee established by this chapter shall be imposed on the following types of uses or development of real property located within the benefit district areas as referenced in section 18.48.040.A:

1. For nonresidential uses or development:

• a. The construction on the property of a new building or structure; or

• b. The construction on the property of additions to an existing building or structure which results in the expansion in the size or use of such existing building or structure.

2. For residential uses or development:

• a. The construction on the property of a new building or structure containing one or more dwelling units; or

• b. The construction on the property of alterations or additions to an existing building or structure which add one or more dwelling units to such existing building.

3. For nonresidential and residential uses or development within the same building or structure, the computation of fees as set out in section 18.48.090 apply.

4. When a new project changes the prior established use of an existing building, the fee may be applied only to the extent that the new use increases average daily trips (ADTs) over the prior use. Determination of ADTs for the purposes of comparing previous and proposed uses shall be by reference to trip generation rates obtained from the Institute of Traffic Engineers (ITE). When the city determines that a project qualifies for a credit pursuant to this provision, it shall determine the fee reduction by comparing the rates applicable to the prior and new uses as designated in the fee schedule and calculating the resulting offset. In the alternative, where a proposed land use is not clearly listed in the fee schedule, the fee shall be calculated as follows: the difference between the previous ADTs and the new ADTs at the property, multiplied by the normalized cost per trip.

B. Except as expressly provided in this chapter, no building permits or extension of permits relating to the activities described in subsections A.1 and A.2 of this section shall be granted unless and until the appropriate development impact fee or fees are paid to the city in accordance with the provisions of this chapter, except that for residential developments under a fee payment contract as specified in California Government Code section 66007, building permits may be issued but no final inspection or certificate of occupancy shall be granted unless and until the appropriate development impact fee or fees are paid to the city. As provided in California Government Code section 66007(a), for a residential development that contains more than one dwelling unit, the fees may be paid on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, whichever occurs first.

ccupancy shall be granted unless and until the appropriate development impact fee or fees are paid to the city. As provided in California Government Code section 66007(a), for a residential development that contains more than one dwelling unit, the fees may be paid on a pro rata basis for each dwelling unit when it receives its final inspection or certificate of occupancy, whichever occurs first.

C. Notwithstanding anything to the contrary set forth in subsection A of this section or in any other provision in this chapter, the development impact fees established pursuant to this chapter apply to any development project that has either received a tentative map approval or other approval or permit, whether discretionary or nondiscretionary, or is subject to a development agreement or other agreement between the landowner and city that provides for payment of one or more fees established under this chapter. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

• A. The following are exempt from payment of the fees established by this chapter:

1. Alterations, renovations, or expansion of an existing residential structure where no additional dwelling units are created and the use is not changed;

2. The replacement of a destroyed or partially destroyed or damaged structure with a new structure of the same size and use;

3. Rehabilitation or reconstruction of any non-residential structure where there is no net increase in square footage;

4. Construction, alteration, renovation or expansion of a new or existing residential, or residential/retail mixed use, structure owned by the Capitol Area Development Authority, or its successor(s) in interest;

5. Agreements entered into pursuant to CaliforniaGovernment Code section 65865 ("development agreement"), unless the development agreement expressly provides for the payment of one of more fees established under this chapter. For fees established pursuant to section 18.48.040A.1, the development agreement must have been approved prior to April 1, 2009 and the exemption is invalid if the term of that development agreement is extended after April 1, 2009;

6. For fees established pursuant to section 18.48.040A.1, a vesting tentative map authorized under California Government Code section 66498.1 if the map application was deemed complete prior to April 1, 2009; and

7. For fees established pursuant to section 18.48.040A.1, low and very low income housing as defined in CaliforniaHealth and Safety Code sections 50079.5 and 50105.

B. Any claim of exemption with respect to the fees established by this chapter shall be made no later than the time for application for fee adjustment pursuant to section 18.48.150. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

The methodologies set forth in the financing plan, expenditure plan, or nexus study referenced under section 18.48.040.A shall be used as the basis to set the amount of fees pursuant to any resolution referenced under section 18.48.040.B. The fees due from any landowner are calculated from the actual uses of land proposed by the landowner unless otherwise provided in any resolution referenced under section 18.48.040B. Applicants for building or other development permits shall include plans and calculations prepared by the applicant or applicant's agent, specifying data necessary to calculate development impact fees, including, without limitation, each proposed land use, the square footage of each use, and other relevant data as may be required by the director. All fees due under this chapter shall be determined and calculated by the director. (Ord. 2017-0050 § 1; Ord. 2015-0015 § 11; Ord. 2009-005 § 4)

Except as otherwise provided in any resolution adopted by the city council as provided under section 18.48.110 and section 18.48.070.B relating to deferral of payment of fees, the fees established by this chapter shall be paid for the property on which a development project is proposed at the time of the issuance of any required building permit relating to such development. With respect to development projects completed or commenced prior to the effective date of the ordinance codified in this chapter and the effective date of any amendment, the director may enter into agreements with landowners regarding the amount, time, and manner of payment of fees under this chapter with respect to such development projects. (Ord. 2017-0050 § 1; Ord. 2015-0015 § 12; Ord. 2009-005 § 4)

The city council, by resolution, may establish and modify policies, guidelines, and procedures regarding the deferral or other adjustment of the time of payment of the fees established under this chapter. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

The STA annually adjusts the Sacramento Countywide Transportation Mitigation Fee schedule to reflect change in construction costs. The City shall annually adjust the fees consistent with the STA adjustment. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

In addition to the automatic annual adjustment, the amount of the fees established by this chapter may be revised periodically, including, without limitation, upon the report and review provided for in section 18.48.210, by resolution of the city council. Any action by the city council to increase fees shall comply with the provisions of this chapter and California Government Code section 66018. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

A. A landowner subject to a fee established by this chapter may apply to the director, for a reduction, adjustment, or waiver of any one or more of the fees, or any portion thereof, based upon the absence of a reasonable relationship or nexus between the impacts of the landowner's development project and either the amount of the fee charged or the type of public facilities to be financed, or both. The application shall state in detail the factual basis for the claim of reduction, adjustment, or waiver, and shall include any and all written materials which the landowner deems appropriate in support of the application.

B. The application shall be made in writing and filed with the director at or before the time required for the filing of protests under California Government Code sections 66020 and 66021. For purposes of determining the applicable limitations period set forth in California Government Code section 66020, the date of the imposition of the fees under this chapter shall be the date of the earliest discretionary approval by the city of the subject development project. In the case of a development project where no discretionary approval is granted by the city, the date of the imposition of the fees under this chapter shall be the date of the earliest ministerial approval by the city of the subject development project. The time to file the application shall commence as of the date of city's written notice of the amount of the fees and the length of the protest period. The application shall be accompanied by the payment of a filing fee in an amount established by the city council. The applicant shall be liable for the actual cost of the city in processing and ruling upon the application to the extent such cost exceeds the filing fee. Such excess amount may be deducted from any refund found due and owing to the applicant or may be added to the amount of development impact fees found to be due or owing from the applicant, as the case may be.

C. Notwithstanding the filing of an application and the pendency of any hearing or procedure under this section, the landowner shall pay the development impact fees originally determined by the city in a timely manner pursuant to section 18.48.100. Such payment shall be deemed to be a payment under protest pursuant to California Government Code sections 66020 and 66021. D. It is the intent of this section that:

1. The director may calculate a revised fee or require additional exactions where the impacts of a particular proposed development exceed the standards otherwise applicable in determining the public facilities necessitated by such development under the financing plan, expenditure plan, or nexus study referenced in section 18.48.040.A; and

2. The fee categories shall be considered individually. Therefore, it may occur that a fee adjustment or waiver may be made to one category of fees without affecting another. E. The director shall consider the application at an informal hearing held within 60 days after the filing of the fee adjustment application. The decision of the director shall be final and not appealable, except as provided in subsections H and I. The director shall make his or her determination of the fee calculation within 15 days from the date of the informal hearing or the date on which said director sets for the submission of additional engineering or other studies, other information, or additional calculations as found necessary by the director during the course of the informal hearing. The applicant's failure to submit, on a timely basis, additional information requested by the director may result in a denial of the application. The applicant shall be notified of the director's decision, in writing, by the mailing of the decision by first-class mail, postage prepaid, to the address provided by the applicant.

F. The director shall consider the following factors in his or her determination whether or not to approve an application:

1. The factors identified in California Government Code section 66001:

• a. The purpose and proposed use of the fee,

b. The type of development involved, including factors such as differences in factors relevant to the calculation of the fee,

c. The relationship between the fee's use and the type of development involved,

• d. The need or demand for the public facilities to be funded by the fee and the type of development involved, and

• e. The amount of the fee and the portion of it attributable to the development involved;

2. The substance and nature of the evidence presented by the applicant; and

3. The facts, findings, and conclusions stated in the financing plan, expenditure plan, or nexus study as referenced in section 18.48.040.A, including technical information, studies, and reports contained within and supporting said plans and study, together with findings supporting the resolution setting the amount of the fee or fees in question. The applicant must present comparable technical information, studies, and reports to demonstrate that the fee is inappropriate for the particular development involved.

G. If the application is granted, any change in use within the particular development involved in an application shall invalidate the reduction, adjustment, or waiver of the fee if such change in use would render the same inappropriate.

H. Within 10 days of the date of the mailing of the decision of director's decision, an applicant may appeal the director's decision to the city council, by filing a notice of appeal with the city clerk. The provisions of chapter 1.24 shall govern the appeal to the city council. In reaching its decision, the city council or the appointed hearing examiner, as the case may be, shall consider the information contained in the application and the factors set forth in the subsection F of this section. The decision on the appeal shall be mailed within five days following the hearing held pursuant to this section by first-class mail, postage prepaid, to the address provided by the applicant. The written decision shall be final and not appealable, except as provided in subsection I of this section.

I. The protest procedures set forth in this section are administrative procedures which must be exhausted prior to the institution of any judicial proceeding concerning the fees protested. Any petition seeking judicial review of a decision by the city council shall be made under California Code of Civil Procedure section 1094.5 and shall be filed by or before: (1) 90 days following the date on which such decision is mailed to the applicant; or (2) the expiration of the limitation period set forth in of California Government Code section 66020(d), whichever occurs later. (Ord. 2017-0050 § 1; Ord. 2015-0015 § 14; Ord. 2009-005 § 4)

A. The fees established and collected pursuant to this chapter shall be deposited in separate special funds created

specifically to hold the revenue generated by such fees. The collected fees shall be deposited, managed, and maintained pursuant to the provisions of California Government Code section 66006. Moneys within such fund may be used solely for the purposes set forth in section 18.48.170. In this regard, the following special funds are created and established:

1. Measure A transportation impact fee fund for the deposit and collection of the Measure A transportation impact fee; and

2. Measure A administration fee fund for the deposit and collection of the Measure A administration fee.

B. The director shall have the authority to rename funds and create new funds, as such funds may become necessary or appropriate through the adoption of any fee resolution or through any amendment to the financing plan, expenditure plan or nexus study as referenced in section 18.48.040. A. (Ord. 2017-0050 § 1; Ord. 2015-0015 § 15; Ord. 2009-005 § 4)

A. Funds collected from the fees established by this chapter and deposited in their respective special funds established under section 18.48.150 shall be used by the city, or by the Sacramento Transportation Authority or other entity if funds have been transferred to that entity, for the purposes set forth in the Measure A nexus study and STA-Ord. 4-1:

1. Providing refunds as described in sections 18.48.170;

2. Funding the city's administration of the fee program implemented by the provisions of this chapter; and

3. Using the same as may be permitted under CaliforniaGovernment Code section 66006.

B. Unless used or refunded as otherwise permitted under this section 18.48.160, moneys, including any accrued interest, not assigned in any fiscal year shall be retained in the same fund or

account until the next fiscal year. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

If a building permit or a grading permit expires without commencement of construction, then the fee payer shall be entitled to a refund, without interest, of the fees paid as a condition for its issuance pursuant to compliance with section 15.08.130; provided, however, that the portion of any fee revenue received by the city as reimbursement of its costs in administering the provisions of this chapter shall not be refunded. Failure to timely submit the required application for refund as provided in section 15.08.130 shall constitute an absolute waiver of any right to the refund. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)

The provisions of this chapter shall not release any owner of residential or nonresidential property located within the benefit district area from the following obligations:

A. Paying other applicable fees relating to development of property, including, without limitation, the application fees, processing fees, mitigation fees, and other development fees within the control of the city;

B. Complying with any public facility requirements which are imposed pursuant to applicable law, including, without limitation, the provisions of the City Code;

C. Complying with any requirement to dedicate property for public use pursuant to applicable law, including without limitation, the provisions of the City Code and the California Government Code, at the time of approval of a tentative subdivision map, tentative master parcel map, certificate of compliance, building permit or other land use entitlement; and

D. Complying with any obligation to pay fees or exactions, or complying with mitigation requirements for identified project-related environmental effects. (Ord. 2017-0050 § 1; Ord. 2009-005 § 4)