Sutter County Municipal Code Ch. 1360 The Sutter County Development Impact Fee

(a) In order to implement the goals and objectives of the Sutter County General Plan and to mitigate the impacts caused by new and anticipated development within Sutter County, including the incorporated cities, certain public improvements identified in the General Plan adopted in 1996 ("General Plan') and the update of the AB 1600 FEE JUSTIFICATION STUDY COUNTY OF SUTTER ("STUDY"), which is hereby adopted by the Board of Supervisors and a copy of which is on file in the office of the Clerk of the Board of Supervisors, must be constructed. The Board of Supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for new development's fair share of the acquisition and improvement construction costs and other costs necessary or convenient to insure conformity to or implementation of the General Plan. In establishing the fee described in the following sections, the Board of Supervisors has found the fee to be consistent with the General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the County's housing needs as established in the Housing Element as well as all other elements of the General Plan.

(b) The Board of Supervisors finds and declares that the purpose of this chapter is to promote and carry out the following policies of the Sutter County General Plan:

(1) Public Facilities and Services Element: The Public Facilities and Services Element of the referenced General Plan states that as population and traffic increase, the transportation network must be expanded.

(2) Transportation and Circulation Element: The Transportation and Circulation Element of the referenced General Plan and the Environmental Impact Report for the referenced General Plan states that the existing major street system cannot adequately accommodate the projected future traffic. In order to deal with the projected traffic, a combination of alternatives should be considered, including upgrading the existing transportation network.

(3) Mitigation of Identified Environmental Effects: The environmental Impact Report for the referenced General Plan identifies possible mitigation measures appropriate to respond to the effects of urbanization.

(4) Conservation/Open Space Element: The implementation set forth in the element includes a statement that the County should actively pursue every source of funding for park development and that funding sources include revision of existing County subdivision park fee structures in order to generate additional acquisition funds.

(c) Conditions which have been and will be imposed upon the approval of rezonings, variances, maps, use permits, planned unit development plans, building permits, general plan amendments, and other entitlements for use for certain projects within Sutter County require landowners and applicants to mitigate the project's impacts upon public facilities, including roadway and park facilities identified during review of the project proposal. Other conditions which have been and will be imposed require compliance with a fee program such as established in this chapter, when adopted, or a similar public infrastructure funding mechanism.

(d) An additional purpose of this chapter is to use the authority in Article XI, Section 7 of the California Constitution by imposing fees to fund the cost of public infrastructure, the need for which is generated by the type and level of development designated in the General Plan in effect in Sutter County and Yuba City on the date of adoption of this chapter.

(e) It is the further purpose of this chapter to implement subdivision (b) to assure that adequate public facilities are financed for the development's fair share of the construction costs of these improvements.

(f) The Board of Supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements.

(g) The Board of Supervisors hereby repeals Resolution Number 92-121 adopted by the Sutter County Board of Supervisors on August 25, 1992, establishing the Development Impact Fees on behalf of the Walton Fire Protection District.

The Sutter County General Plan, the EIR for the General Plan and the STUDY all examined the impacts of the anticipated future development on existing public facilities in the County. The General Plan and other referenced documents studied and analyzed the need for new public improvements, facilities, and equipment required by new development and set forth a relationship between development, the needed facilities, and the estimated costs of those improvements. The Board of Supervisors finds that new residential, commercial, and industrial development in the Yuba City urban area will generate additional traffic within the Yuba City urban area creating a need to construct the transportation improvements set forth in the STUDY. The Board of Supervisors also finds new residential, commercial, and industrial development in Sutter County will generate the need for additional law enforcement, criminal justice, general government and fire facilities which will generate the need for the public facility improvements for these facilities set forth in the STUDY. The Board of Supervisors also finds that new residential development in Sutter County will generate the need for additional health and social services, parks and library facilities which will generate the need for the public facility improvements for these facilities set forth in the STUDY.

There is a need in Sutter County, particularly within the Yuba City urban area, for the public facility improvements described in the STUDY, which improvements have not been constructed and without this fee new development would not contribute its fair share of these facility costs and said facilities have been called for in and are consistent with the Transportation and Circulation Element and Public Facilities and Service Element of the Sutter County General Plan.

"Unincorporated County", as used herein, refers to that area of Sutter County, excluding the area within the corporate boundaries of the City of Yuba City and the City of Live Oak. "City of Yuba City" as used herein, refers to the area within the corporate city limits of Yuba City at the date of the submittal of a request for a building permit. "City of Live Oak", as used herein, refers to the area within the corporate boundaries of Live Oak at the date of the submittal of a request for a building permit. The Unincorporated County fire fee shall apply county-wide but shall not apply in County Service Area G where the Yuba City fire fee shall apply. The county-wide development impact fee applies throughout the county until such time as the Sutter-Pointe Specific Plan fee program is adopted at which time those fees shall supersede the county-wide development impact fees for the specific plan area. The Yuba City levee fee shall apply in the area as shown in Appendix E of the STUDY.

([l070,l248] Ord. 1544, Sec. 1, Dec. 28, 2010)

A development impact fee is imposed on the issuance of all building permits for new construction in Sutter County. The fee is to pay for public improvements to implement the General Plan. The specific amount of the fee shall be as shown in tables ES-1 and ES-2.

Table ES-1

Fees for Unincorporated Sutter County and the City of Live Oak 1

1 These fees are not applicable to the unincorporated County portion of the Yuba City Sphere of Influence ("SOI"); see Table ES-2 for fees applicable to the SOI. Also, the Sutter County Fire Protection fee is not applicable to County Service Area G ("CSA G") and the Meridian and Sutter Basin Fire Protection Districts. These independent fire protection districts have their own fees.

2 Fee applies only to development in County Service Areas ("CSA") C, D, and F. CSA G will receive fire protection services from the Yuba City Fire Department. The majority of CSA G lies within the Yuba City SOI; however, CSA G also includes areas north of Pease Road and south of Bogue Road and a small subdivision along Franklin Road just west of the Yuba City SOI. These areas are outside of the Yuba City SOI but within unincorporated Sutter County. For these areas, Sutter County will collect Yuba City's Fire Protection impact fee from future development and pass it through to Yuba City.

sup>3 The County will collect Yuba City's levee fee only from development in the Yuba City basin. (Appendix E).

Fee Adjustments. The fees will be increased each year by the U. S. Department of Labor's Bureau of Labor Statistics Consumer Price Index - All Urban Consumers, San Francisco All Items.

Table ES-2

Fees for Yuba City and the Unincorporated County Portion of the Yuba City Sphere of Influence

1 Development within the Yuba City SOI will be charged the Yuba City Fire Protection fee and not the Sutter County Fire Protection fee. Sutter County will also collect the Yuba City Road, Parks and Recreation, and Levee fees and may also collect other development impact fees for the City of Yuba City in the SOI area. The County will collect Yuba City's Levee fee only from development occurring in the Yuba City Basin. (see Appendix E)

2 The Yuba City Fire Department provides fire protection services to the entire CSA G area. Therefore, Sutter County will collect the Yuba City Fire Protection impact fee for all unincorporated Sutter County areas that lie within CSA G. This includes the CSA G areas north of Pease Road and south of Bogue Road and a small subdivision along Franklin Road just west of the Yuba City SOI, all which lie outside of the Yuba City SOI.

Fee Adjustments. The fees will be increased each year by the U. S. Department of Labor's Bureau of Labor Statistics Consumer Price Index - All Urban Consumers, San Francisco All Items.

The county development services department director shall calculate the fees applicable for the periods commencing March 1, 2012 and every March 1 thereafter, based upon the provisions of this ordinance as soon as practicable after the necessary CPI information becomes available. If the CPI, as now constituted, compiled, and published shall cease to be compiled and published, or is calculated on a significantly different basis following the effective date of this section, the most comprehensive official Index published that most closely approximates the rate of inflation shall be used for purposes of computing fees pursuant to this section.

The above fees shall be reviewed by the Board of Supervisors and adjusted pursuant to Section 1360-120. A description of the benefit and impact areas on which the fee is imposed, a list of the specific public improvements to be financed, the estimated cost of these improvements, and the reasonable relationship between this fee and the various types of new developments and the time for payment are set forth in the STUDY. To the extent that the development impact fee includes components for financing projects already included in fees collected under other County ordinances, such fees when paid will be a credit against the appropriate components of the development impact fee. To the extent that some or all of the projects financed or to be financed by the development impact fee are financed through a community facilities district, special assessment district, or other financing mechanism, participation in such other financing mechanism shall be a credit against the appropriate component of the development impact fee. This development impact fee will be paid by each applicant for a building permit for new construction at a time elected by the applicant which will be either prior to issuance of the building permit or prior to issuance of a Certificate of Occupancy for commercial or industrial structures or the individual dwelling units in a residential project, or at such earlier time permitted by law as set forth in, if applicable, Government Code Section 66007. On an annual basis, the Board of Supervisors will review the fees to determine whether the fee amounts are reasonably related to the burden of developments and whether the described public facilities are still needed.

As used in this section, "building permit" does not include a building permit for remodeling or reconstruction if the use of the structure does not change.

([1070,1248,1309, 1544] Ord. 1584, Sec. 3, May 28, 2013)

Notwithstanding Section 1360-050 or any other provision of this chapter, the development impact fee established by Section 1360-050 will not be collected for the issuance of any building permit for which a complete application has been accepted by the Development Services Department at least 21 calendar days before the effective date of this ordinance. All building permits for which a complete application has been accepted at least 21 calendar days before the effective date of this ordinance shall be subject to payment of any development impact fees that were in effect on the date of the submittal of the complete application for building permit.

([1070, 1248, 1544] Ord. 1584, Sec. 4, May 28, 2013)

(a) The amount of the development impact fee shall be determined by the uses on the property.

(b) Any fee that is paid to the County for park acquisition and development pursuant to Section 1400-731 of the Sutter County Ordinance Code shall be credited against the total development impact fee due from the development, as determined by the Development Services Department Director or his or her designee.

(c) If there is a land use change that would alter the amount of the development impact fee due for the development or require the payment of a new or additional development impact fee, any previously paid development impact fee shall be credited against the new total fee due, as determined by the Development Services Department Director; however, in no event shall the County refund fees previously paid because of a change in land use.

(d) If there is a land use change that would alter the amount of the development impact fee due for the development or require the payment of a new or additional development impact fee, where development existed prior to adoption of a development impact fee ordinance or creation of a community facilities district, special assessment district or other financing mechanism, that portion of the development impact fee attributable to the development existing prior to adoption of the impact fee ordinance or creation of the special funding mechanism shall be deducted from the total amount of the fee due from the development as determined by the Development Services Department Director.

(e) If a community facilities district, special assessment district, or other financing mechanism is formed to finance some or all of the projects included within the development impact fee, that portion of the development impact fee attributable to the project or projects financed through such other financing mechanisms shall be deducted from the total amount of the fee due from the development as determined by the Development Services Department Director.

(f) In accordance with Government Code Section 66011 no development impact fee shall be due for the reconstruction of any residential, commercial, or industrial development project that is damaged or destroyed as a result of a natural disaster, as declared by the Governor.

(g) The development impact fee for a proposed development for an industrial use may be reduced or eliminated by the Board of Supervisors if the Board of Supervisors finds that the proposed development will result in substantial community benefits such as increased job opportunities and tax base and other community benefits which offset the adverse impacts caused by the proposed development.

([1070, 1248] Ord. 1544, Sec. 1, Dec. 28, 2010; Ord. 1584, Sec. 3, May 28, 2013)

As established, the Board of Supervisors determines that the subject development fee reflects the benefit to be realized by the owners of lands upon which improvements will be placed as indicated in the General Plan in the form of a road system capable of appropriately supporting residential, commercial, and industrial densities set forth in those plans and to which density those lands may therefore develop. "Appropriate support" as contemplated by the foregoing includes a road system improved as contemplated by the General Plan in their Public Facilities and Services Element and Transportation and Circulation Element as well as expanded and improved in keeping with the identified mitigation measures also set forth in the General Plan and their Environmental Impact Reports and as expanded and further detailed in the STUDY.

The Board of Supervisors also determines that the subject development impact fee reflects the benefit to be realized by the owners of lands upon which dwellings will be placed as forecast in the General Plan in the form of parks, recreational and community center facilities capable of affording appropriate levels of recreational benefits in relationship to residential densities set forth in the plans and to which densities the lands therefore may develop. "Appropriate levels" as contemplated by the foregoing includes park, recreational and community center facilities, as contemplated by the General Plan and as expanded and further detailed in the STUDY.

The Board of Supervisors also determines that the subject development impact fee reflects the benefit to be realized by the owners of lands upon which dwellings, commercial structures, and industrial structures will be placed as forecast in the General Plan in the form of courts, criminal justice, law enforcement and general government facilities capable of appropriately supporting residential, commercial, and industrial densities set forth in those plans and to which density those lands may therefore develop. "Appropriate levels" as contemplated by the foregoing includes courts, criminal justice and general government facilities, as contemplated by the General Plan and as expanded and further detailed in the STUDY.

The Board of Supervisors also determines that the subject development impact fee reflects the benefit to be realized by the owners of lands upon which dwellings, commercial structures, and industrial structures will be placed as forecast in the General Plan in the form of fire facilities capable of appropriately supporting residential, commercial, and industrial densities set forth in those plans and to which density those lands may therefore develop. "Appropriate levels" as contemplated by the foregoing includes fire protection service and facilities at the levels currently provided to existing residential, commercial and industrial properties, as contemplated by the General Plan and as expanded and further detailed in the STUDY.

The Board of Supervisors also determines that the subject development impact fee reflects the benefit to be realized by the owners of lands upon which dwellings will be placed as forecast in the General Plan in the form of health and social services capable of appropriately supporting residential densities set forth in those plans and to which density those lands may therefore develop. "Appropriate levels" as contemplated by the foregoing includes health and social services at the levels currently provided to existing residential properties, as contemplated by the General Plan and as expanded and further detailed in the STUDY.

The Board of Supervisors also determines that the subject development impact fee reflects the benefit to be realized by the owners of lands upon which dwellings will be placed as forecast in the General Plan in the form of library services capable of appropriately supporting residential densities set forth in those plans and to which density those lands may therefore develop. "Appropriate levels" as contemplated by the foregoing includes library services at the levels currently provided to existing residential properties, as contemplated by the General Plan and as expanded and further detailed in the STUDY.

([1070, 1248] Ord. 1544, Sec. 1, Dec. 28, 2010)

The purpose of this fee is to finance streets, parks, recreation facilities, community centers, general government services, courts and criminal justice facilities and services, law enforcement services and facilities, health and social services and facilities, library facilities, levees, and fire services and facilities and equipment to reduce the impacts of growth, including, but not limited to, increased use of County facilities such as park and recreation facilities, streets, libraries, courts, criminal justice, law enforcement, general county government services, levees, and fire services by new development within the County, as more fully described in the General Plan and the STUDY. The development impact fees collected pursuant to this ordinance shall be used to finance only the public facilities described or identified in the STUDY.

(1) The County, in receiving the fee, shall deposit the fee with other fees for the improvement in a separate capital facilities account or fund in a manner to avoid any comingling of the fees with other revenues and funds of the local agency, except for temporary investments, and expend those fees solely for the purpose for which the fee was collected. Any interest income earned by monies in the capital facilities account or fund shall also be deposited in that account or fund and shall be expended only for the purpose for which the fee was originally collected. The fees may also be used to reimburse developers who have been required or permitted by section 1360-100 to install such listed facilities which are oversized with supplemental size, length, or capacity or pay for the County's future construction of facilities described herein or reimburse the County for those described or listed facilities constructed by the County with ones advanced by the County from other sources.

(2) Notwithstanding the provisions of paragraph (a) above, the Board may authorize an interfund loan from any such revenues to be used for any other public facility described in the STUDY provided the Board sets a date on which the loan will be repaid and sets the rate of interest to be paid on the borrowed funds.

([1070] Ord. 1568, Sec. 1, March 20, 2012)

After considering the General Plan and STUDY, the analyses contained in the STUDY, the staff report, and the testimony received at the public hearing, the Board of Supervisors approves the development impact fees and further finds that new development in the County will generate the need for additional levee construction, additional traffic, park and recreational usage, library usage, usage of additional health and social services, additional demand on fire services, additional demand for general county government services, and additional criminal justice, court and law enforcement demands and will contribute to an adverse impact on County services and amenities as described in the above referenced documents. There is a need in the County and the planning areas within the County for levee construction, roadway, street, park and recreation improvements, as well as additional or expanded facilities and equipment for fire, health, social services, law enforcement, courts and general government services which have not been constructed or have been constructed, but new development has not contributed its fair share towards these facility costs and said facilities have been called for in or are consistent with the General Plan. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described in the STUDY for which the corresponding fee is charged, and also there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the STUDY and the General Plan above referenced. The cost estimates set forth in the STUDY are reasonable cost estimates for constructing these facilities and the fees expected to be generated by new development will not exceed the total of these costs.

Whenever a developer is required, as a condition of approval, to construct a public facility described herein, which facility is determined by the County to have supplemental size, length, or capacity over that needed for the impacts of that development, a reimbursement agreement with the developer and a credit against the fee which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amount shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

On or about July 1 of each year, the Sutter County Development Services Department Director shall review the established cost of the described public facilities, the continued need for those improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which this fee is charged. The Development Services Department Director shall report such findings to the Board of Supervisors at a noticed public hearing and recommend any adjustment to this fee or any other action as may be appropriate.

([1070] Ord. 1585, Sec. 2, May 28, 2013)

Any judicial action or proceeding to attack, review, set aside, void or annul this ordinance shall be brought within 120 days of its effective date.

A developer of any project subject to the fee described above may apply to the Board of Supervisors for waiver of that fee, based upon the absence of any reasonable relationship or nexus between the public facility impacts of that development and the fee charged. The application shall be made in writing and filed with the Clerk to the Board of Supervisors not later than ten days after his or her filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver. The Board of Supervisors shall consider the application at a public hearing held within 60 days after the filing of the fee adjustment application. The decision of the Board of Supervisors shall be final. If a waiver is granted, any change in use within the project shall invalidate the waiver of the fee.

This chapter is intended to establish a supplemental method for funding the cost of certain facilities, the need for which will be generated by the level and type of development designated in the General Plan applicable to Sutter County on the date of adoption of this chapter. The provisions of this ordinance shall not be construed to limit the power of the Board of Supervisors to impose any other fees or exactions, or to continue to impose existing fees or exactions on development within Sutter County except as expressly provided herein to the contrary. Compliance with this ordinance shall be in addition to any other requirements which the Board imposes or has previously imposed as a condition of approving plans, rezonings, variances, use permits, maps, general plan amendments, or other entitlements for use pursuant to state and local laws.

In particular, this chapter is intended to operate in conjunction with, and not replace, other improvement mechanisms. To that end, (a) the owner and proponent of projects subject to this chapter shall comply with the dedications, improvements, and other requirements set forth in other County ordinances. Those requirements shall be performed without credit being given against the payment of the fees required by this chapter. (b) The owner or proponent of such projects shall be responsible for those mitigation measures that may be required as a result of being identified in analyses prepared by or for the County, including those identified pursuant to the California Environmental Quality Action (CEQA) in order to fully or partially reduce the significant effects on the environment which may otherwise result from the project. The appropriate environmental document may include consideration of the potential mitigation of significant effects resulting from compliance with the provisions of this chapter.

This ordinance was adopted at a noticed public hearing and the fee established shall apply to the issuance of building permits 60 days following the passage of this ordinance.

([1070, 1248] Ord. 1544, Sec. 1; Dec. 28, 2010)