mather field fee ordinance

8/14/2019 Mather Field Fee Ordinance

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Chapter 16.84 ESTABLISHMENT OF DEVELOPMENT FEES TO FINANCE THECOST OF PUBLIC FACILITIES WITHIN MATHER FIELD PUBLIC FACILITIES

FINANCING PLAN AREA

16.84.010 Purpose. 16.84.020 Definitions.

16.84.030 Establishment and Administration of Mather Field Administration Fund.

16.84.040 Establishment and Administration of Mather Field Transportation Fund.

16.84.050 Imposition of Development Fees.

16.84.060 Payment of Development Fees.

16.84.070 The Capital Improvement Plan/Program of the PFFP--Nexus Study.

16.84.080 Establishment of Development Fees.

16.84.090 Adoption of Amount of Development Fees. 16.84.100 Calculation of Development Fees.

16.84.110 Establishment of Land Uses Within the Mather Field PFFP Area.

16.84.120 Credit for Construction of Transportation Facilities.

16.84.130 Reimbursement for Construction of Transportation Facilities.

16.84.140 Annual Program Fee Adjustment.

16.84.150 Alternative Method and Compliance with Other Laws.

16.84.010 Purpose.

a. The Sacramento County General Plan requires that areas chosen for urban expansion shall becapable of being provided within a reasonable period of time with an adequate level of publicfacilities; including, but not limited to transportation facilities.b. The General Plan further requires the preparation of a plan that identifies a mechanism forfinancing those facilities necessary to serve urban development in areas designated for urbanexpansion. The General Plan also contains additional policies for the use of developerdedications, development fees, and other means to pay for acceptable level of transportationfacilities.c. The purpose of this chapter is to implement the General Plan requirements set forth insubdivisions (a) and (b) of this section and to use the authority in Article XI, Section 7 of the

California Constitution by imposing development fees to fund the estimated cost of certainfacilities, the need for which is directly or indirectly generated by the type and level of development proposed in the Mather Field Public Facilities Financing Plan (hereinafter in someinstances referred to as PFFP) area. d. It is the further purpose of this chapter to require that adequate provision be made fordeveloper financed facilities within the PFFP area as a condition of any rezoning and prior toapproval of certain permits within said area. (SCC 1213 1, 2002.)


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16.84.020 Definitions.

a. Acreage means the net acreage of any property within the PFFP area. b. Administrator means the Administrator of the Sacramento County Public Works Agency. c. Agency means the County of Sacramento Public Works Agency. d. Average daily operation means the estimated maximum number of general aviation aircraft

takeoffs and landings in one year, as determined by the County Department of Airports, dividedby three hundred sixty five (365).e. Board means the Board of Supervisors of the County of Sacramento. f. Building permit means the permit issued or required for the construction o r improvement of additional square footage for any structure pursuant to and as defined by the Sacramento CountyBuilding Code.g. Building square feet means the square feet of proposed construction or the square feet of occupied space as determined by a building permit or occupancy permit.h. Business and professional office means a land use having buildings comprised of greater than seventy (70) percent of square footage in office use as defined by the Sacramento CountyZoning Code.

i. County means the County of Sacramento. j. Development fee means the fee levied by this Chapter upon the approval of building permitswithin the PFFP area.k. Development unit means dwelling unit for transitional housing use, building square feet for light industrial, industrial office park, business and professional office, commercial, child careuses, acres for commercial recreation, recreation-regional park, and recreation-golf course uses,room for lodging use and average daily operations for general aviation use.l. Dwelling Unit means each room for occupancy in a transitional housing development. m. Estimated Cost means the cost of constructing a facility based upon the unit costs for eachconstruction item plus contingency, planning, consulting inspection, materials testing, design andconstruction survey, engineering, and other related costs as set forth in the PFFP Nexus Study.

n. Facilities means those public facilities designated in the PFFP Nexus Study.o. Grading Permit means the permit issued or r equired for digging, excavating, transporting,spreading, depositing, filling, compacting, or shaping of land surfaces and slopes, and otheroperations performed or controlled by human activity involving the physical movement of rock or soil, as required by Chapter 16.44 of the Sacramento County Code.

p. Industrial Office means a land use having buildings comprised of between thirty (30)percent and seventy (70) percent of square footage in office use as defined by the SacramentoCounty Zoning Code.q. Light Industrial means a land use having buildings comprised of less than thirty (30) percentof square footage in office use as defined in the Sacramento County Zoning Code.r. Mather Field Administration Fund means that special interest -bearing trust fund established

pursuant to Section 16.84.030.s. Mather Field Public Facilities Financing Plan Area means all property located within thegeographic area as described in the PFFP.t. Mather Field Public Facilities Financing Plan Development Fee Program means the plan,including any amendments thereto, adopted by resolution by the Board for financing of designated facilities within the PFFP area, including, but not limited to, a designation of thosefacilities to be constructed with the Development Fees collected pursuant to this chapter, theschedule for commencement of construction, the estimated cost of construction of the facilities


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and the total number of development units within the PFFP area.u. Mather Field Transportation Fund means that specia l interest-bearing trust fund establishedpursuant to Section 16.84.040.v. Non -Residential Development means a subdivision map, parcel map, or permit for theoriginal construction, grading or installation other than single-family detached homes, single-

family attached homes, duplexes, townhomes, condominiums, Transitional Housing, andapartments.w. Occupancy Permit means a Certificate of Occupancy issued by the Building Official of Sacramento County pursuant to the Sacramento County Building Code for occupancy of anystructure.x. PFFPNexus Study means the Mather Field Public Facilities Fee Nexus Study datedFebruary 1, 2002 and prepared by Economic & Planning Systems Inc.y. Program Fee means the Development Fee per Development Unit for a particu lar feecategory for each type of development as shown in the PFFP Development Fee Program.z. Room means each room for rent in a hotel or motel development. aa. Transitional Housing means housing, skills development and training, and support facilitie s

for families and single persons within the Mather Community Campus Transitional HousingProgram managed and operated by the Countys Department of Human Assistance. (SCC 1213 1, 2002.)

16.84.030 Establishment and Administration of Mather Field Administration Fund.

a. The Department of Finance is hereby directed to create in the County Treasury a specialinterest-bearing trust fund entitled the Mather Field Administration Fund or other appropriateaccounting mechanism. All administration fees collected pursuant to this chapter shall be placedin said fund and shall be expended by the County of Sacramento or its successor agency solely topay the costs of administration.

b. The Mather Field Administration Fund shall be administered by the Administrator. (SCC 1213 1, 2002.)

16.84.040 Establishment and Administration of Mather Field Transportation Fund.

a. The Department of Finance is hereby directed to create in the County Treasury a specialinterest-bearing trust fund entitled the Mather Field Transportation Fund or other appropriateaccounting mechanism. All amounts collected from transportation facilities Development Feesshall be placed in said fund and shall be expended by the County of Sacramento or its successoragency solely to pay the estimated cost of transportation facilities identified in the Nexus Study.b. The Mather Field Transportation Fund shall be administered by the Administrator. (SCC 1213 1, 2002.)

16.84.050 Imposition of Development Fees.

No change in a land use designation shall be approved within the PFFP area unless payment of the Development Fees established by this chapter is required by the property owner as acondition of such approval. No building permit shall be approved for property within the PFFParea unless the Development Fees for that property are paid as required by this chapter. (SCC


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1213 1, 2002.)

16.84.060 Payment of Development Fees.

The Development Fees imposed pursuant to this chapter shall be paid by the property owner tothe Agency, in an amount calculated pursuant to Sections 16.84.100, 16.84.110 and 16.84.120.The fees shall be calculated and paid upon issuance of building permits or occupancy permits orgrading permits for Commercial Recreation, Recreation-Regional Park, and Recreation-Golf Course Developments, whichever occurs first. (SCC 1213 1, 2002.)

16.84.070 The Capital Improvement Plan/Program of the PFFP--Nexus Study.

The Board shall by resolution adopt the capital improvement plan/program of the PFFP--NexusStudy. The Board shall review the capital improvement plan/program of the PFFP--Nexus Studynot less than annually and may amend it by resolution at its discretion. (SCC 1213 1, 2002.)

16.84.080 Establishment of Development Fees.

A separate Development Fee is hereby established for (a) administration and (b) transportationfacilities. (SCC 1213 1, 2002.)

16.84.090 Adoption of Amount of Development Fees.

The Board shall by resolution adopt the specific amount of the Development Fees imposedpursuant to this chapter, including authorizing the annual adjustment pursuant to Section16.84.140. (SCC 1213 1, 2002.)

16.84.100 Calculation of Development Fees.

a. The Development Fees per building permit or occupancy permit for Transitional HousingDevelopment set forth in Section 16.84.060 shall be calculated pursuant to the followingformula:

F = P x D

where:F = the Development Fee for each fee category to be paid for each building permit or occupancypermit by the owner of property; andP = Program Fee for each fee category for the type of development as shown in the PFFPDevelopment Fee Program; andD = number of Dwelling Units.

b. The Development Fees per building permit or occupancy permit for Light Industrial, IndustrialOffice Park, Business and Professional Office, Commercial, and Child Care Developments setforth in Section 16.84.060 shall be calculated pursuant to the following formula:

F = P x B

where:F = the Development Fee for each fee category to be paid for each building permit or occupancypermit by the owner of property; and


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P = Program Fee for each fee category for the type of development as shown in the PFFPDevelopment Fee Program; andB = building square feet.c. The Development Fees per building permit or occupancy permit for Lodging Developmentsset forth in Section 16.84.060 shall be calculated pursuant to the following formula:

F = P x Rwhere:F = the Development Fee for each fee category to be paid for each building permit or occupancypermit by the owner of property; andP = Program Fee for each fee category for the type of development as shown in the PFFPDevelopment Fee Program; andR = number of rooms.d. The Development Fees per building permit or occupancy permit for General AviationDevelopments set forth in Section 16.84.060 shall be calculated pursuant to the followingformula:

F = P x Awhere:F = the Development Fee for each fee category to be paid for each building permit or occupancypermit by the owner of property; andP = Program Fee for each fee category for the type of development as shown in the PFFPDevelopment Fee Program; andA = Average Daily Operations.e. The Development Fees per grading permit or occupancy permit for Commercial Recreation,Recreation-Regional Park, and Recreation-Golf Course Developments set forth in Section16.84.060 shall be calculated pursuant to the following formula:

F = P x A

where:F = the Development Fee for each fee category to be paid for each building permit or occupancypermit by the owner of property; andP = Program Fee for each fee category for the type of development as shown in the PFFPDevelopment Fee Program; andA = acreage.f. The Development Fees shall be paid by the property owner in the amount as calculatedpursuant to subdivisions (a), (b), (c), (d) and (e) of this section for the land use categories whichare applicable.g. For the purpose of calculating PFFP Development Fees pursuant to subdivision (a), (b), and

(e) of this section for properties with an approved use permit which significantly changes theunderlying use of the site, the Administrator is hereby authorized to determine the land usewhich corresponds most directly to the use and density.h. For the purpose of calculating PFFP Development Fees pursuant to subdivision (a), (b), and(e) of this section for building or occupancy permits not associated with dwelling units from anon-residential development or for land use categories not included in this chapter, theAdministrator is hereby authorized to determine the appropriate Program Fees by determining


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the land use which corresponds most directly to the use and density. (SCC 1213 1, 2002.)

16.84.110 Establishment of Land Uses Within the Mather Field PFFP Area.

The land use utilized to calculate the transportation facilities Development Fee shall be asfollows:

Land Use Category Development Unit

Transitional Housing Per Dwelling Unit

Light Industrial Building Sq. Ft.

Industrial Office Park Building Sq. Ft.

Business and Professional Office Building Sq. Ft.

Commercial (LC) Building Sq. Ft.

Commercial Recreation Acres

Child Care Building Sq. Ft.

LodgingRecreation-Regional Park Recreation-Golf Course

Per RoomAcresAcres

General Aviation (Airport) Per Average Daily Operation

(SCC 1213 1, 2002.)

16.84.120 Credit for Construction of Transportation Facilities.

a. Where a transportation facility is proposed for construction by the property owner which isincluded in the Capital Improvement Plan/Program of the PFFP--Nexus Study, the Administratorat his or her discretion may either (1) enter into a credit agreement with the property ownerpursuant to this section or (2) enter into a reimbursement agreement with the property ownerpursuant to Section 16.84.130.

b. Upon application by the property owner or his authorized agent, the Administrator mayauthorize the construction of any transportation facilities, or portions thereof, which is includedin the Capital Improvement Plan/Program of the PFFP--Nexus Study in lieu of all or a portion of the transportation facilities Development Fee required by this chapter. If so authorized, the creditto be provided to the property owner shall be equal to the estimated cost of the facility as setforth in the then current PFFP--Nexus Study, including, but not limited to, unit prices, quantitiesand project descriptions. The construction of any facility authorized by this section must beaccepted by the Agency, or the property owner must post security for the complete performance


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of the construction in a form acceptable to the Administrator and the County Counsel, prior tocredit being given and issuance of any of the approvals set forth in Section 16.84.050.c. Where the amount of the credit is less than the amount of the otherwise applicabletransportation facilities Development Fee, the property owner must pay the difference as set forthin Section 16.84.060.

d. Where the amount of the credit is greater than the amount of the Development Fee, theproperty owner shall be paid the difference only from the Mather Field Transportation Fundwithin a reasonable time after the project is accepted by the Agency and shall be entered into areimbursement agreement pursuant to Section 16.84.130. (SCC 1213 1, 2002.)

16.84.130 Reimbursement for Construction of Transportation Facilities.

a. Upon application by the property owner or his authorized agent, the Administrator may enterinto a reimbursement agreement for the construction of any transportation facilities, or portionsthereof, as designated in the PFFP--Nexus Study. The agreement shall set forth the amount to bereimbursed, the time and manner in which payments are to be made, and shall requirereimbursement only from the Mather Field Transportation Fund.b. The amount of reimbursement shall be the estimated cost of the facility as set forth in thePFFP--Nexus Study in effect at the time the reimbursement agreement is approved. The time of reimbursement shall be when the facilities are accepted by the Administrator.c. By entering into a reimbursement agreement, a property owner is not relieved of the obligationto pay the Development Fees in the manner and amount specified by this chapter.d. If the Administrator enters into an agreement authorized by subdivision (a) of this section, orcredit agreement as authorized by Section 16.84.120(a) the agreement shall provide that: (1) thegeneral fund of the County is not liable for payment of any obligations arising from theagreement; (2) the credit or taxing power of the County is not pledged for the payment of anyobligations arising from the agreement; (3) the landowner shall not compel the exercise of theCounty taxing power or the forfeiture of any of its property to satisfy any obligations arisingfrom the agreement; and (4) the obligation arising from the agreement is not a debt of theCounty, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of its property,or upon any of its income, receipts, or revenues, and is payable only from the Development Feesdeposited in the Mather Field Transportation Fund. (SCC 1213 1, 2002.)

16.84.140 Annual Program Fee Adjustment.

Beginning March 1, 2003, and thereafter each year no later than March 1, the Administrator shallauthorize the adjustment of the Program Fee Per Development Unit for each type of developmentin each fee category as follows:a. A mean index will be computed by averaging the index for 20 U.S. cities with the index for

San Francisco by resort to the January issue of the Engineering News Record magazineConstruction Cost Index of the year in which the calculation is being made.

b. An adjustment factor shall be computed by dividing the mean index as calculated insubsection (a) of this section by the mean index for January 1, 2002 (or by the mean index atthe time when the original Program Fees were established in the PFFP--Nexus Study).c. The new Program Fee shall be calculated by multiplying the adjustment factor by the ProgramFee set forth in the PFFP--Nexus Study.d. The estimated cost of the facility used for calculating credits and reimbursements pursuant to


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Sections 16.84.120 and 16.84.130 shall be adjusted using the same adjustment factor pursuant tosubdivisions (a), (b), and (c) of this section. (SCC 1213 1, 2002.)

16.84.150 Alternative Method and Compliance with Other Laws.

a. This chapter is intended to establish a supplemental method for funding the estimated cost of certain facilities the need for which will be generated by the level and type of developmentproposed in the Mather Field Specific Plan. The provisions of this chapter shall not be construedto limit the power of the Board to impose any other fees or exactions or to continue to imposeexisting ones, on development within the PFFP area, but shall be in addition to any otherrequirements which the Board is authorized to impose, or has previously imposed, as a conditionof approving plans, rezonings or other entitlements within the PFFP area pursuant to state andlocal laws. In particular, individual property owners shall remain obligated to fund, construct,and/or dedicate the improvements, public facilities and other exactions required by, but notlimited to: (1) the Sacramento County Public Works Agency Improvement Standards; (2) theQuimby Act (Government Code Section 66477 et seq.) and implementing ordinances (Chapter22.40 of this Code); (3) school impact fees (Government Code Sections 65970 et seq.) andimplementing ordinances; and county drainage fees (County Water Agency Ordinance No. 1).Any credits or repayments pursuant to Sections 16.84.120 and 16.84.130 shall not include thefunding, construction or dedications described in this section.b. The construction of facilities by a private owner pursuant to Section 16.84.120 or 16.84.130shall be performed and contracted for only as required by law, including but not limited to,compliance with the Agencys Improvement Standards, and requirements for public works, if applicable to the particular facility. (SCC 1213 1, 2002.)

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