SCCNO. The Board of Supervisors of the County of Sacramento, State of California,

Transcription

1 SCCNO. AN ORDINANCE OF THE SACRAMENTO COUNTY CODE RELATING TO THE ESTABLISHMENT OF DEVELOPMENT IMPACT FEES TO FINANCE THE COST OF PARK FACILITIES WITHIN SPECIFIED RECREATION AND PARK DISTRICTS The Board of Supervisors of the County of Sacramento, State of California, ordains as follows: SECTION 1. Chapter , Sections through , is added to Title 16 of the Sacramento County Code to read as follows: Title. This Chapter shall be known as the "Establishment of Development Impact Fees to Finance the Costs of Park Facilities within Specified Recreation and Park Districts" Purpose. A. The Public Facilities Element of the Sacramento County General Plan incorporates acreage standards for local neighborhood and community parks ranging from three to five acres of local parks per 1,000 population as prescribed by the Quimby Act (Government Code section 66477), acknowledges that such local parks and associated recreation facilities are primarily provided by local recreation and park districts, and includes a policy requiring that new subdivisions provide sufficient acreage of parks to meet the long-range needs of the community. B. The Public Facilities Element of the Sacramento County General Plan states a goal of providing adequate and well funded local park facilities. It contains policies for meeting the local park needs of new development by. supporting the funding of local park land acquisition pursuant to the provisions of Title 22 of the Sacramento County Code implementing the Quimby Act as well as. the establishment of separate financing programs for local park facilities development. C. The purpose of this Chapter is to implement the General Plan provisions set forth in Subdivisions (A) and (B) of this Section and to use the authority in Article XI, Section 7 of the California Constitution and in the Mitigation Fee Act (Government Code section et seq.) by imposing development fees to fund the cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed within the Unincorporated Portions of the specified Recreation and Park Districts, as it may be amended from time to time. -1-

2 Definitions. A. "Additional Dwelling Units" means the net increase in the number of dwelling units as defined in the Sacramento County Zoning Code on a parcel of real property for Residential Development. B. "Additional Floor Area of Buildings" means the net increase in the. floor area of buildings as both terms are defined in the Uniform Building Code as adopted by the County (and as described in the building permit) on a parcel of real property for Non-Residential Development. C. "Administration costs" means amounts spent, or authorized to be spent, in connection with the collection, calculation, processing, program development and other management of park development impact fees. D. "Agency" means the County of Sacramento Municipal Services Agency. E. "Agency Administrator" means the Administrator of the Sacramento County Municipal Services Agency. F. "Board" means the Board of Supervisors of the County of Sacramento. G. "Building Permit" means the permit issued or required for the construction, or improvement of additional square footage for any structure pursuant to and as defined by the Sacramento County Building Code. H. "Costs" means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of park or recreation facilities consistent with the Park Impact Fee Nexus Study for each Recreation and Park District including, without limitation, the costs of site improvements, construction, engineering, design, consulting fees, permit fees, and administration. I. "County" means the County of Sacramento. J. "Development Impact Fee" means the fee levied by this Chapter upon the approval of a Building Permit within the Program Boundaries of the specified Recreation and Park District. K. "Development Unit" means dwelling unit for Residential Development or square foot for Non-Residential Development. L. "District Administrator" means the Administrator of the specified Recreation and Park District. M. "Estimated Cost" means the cost of constructing a facility based upon the unit costs for each construction item including design and engineering, construction survey, and inspection as set forth in the Park Impact Fee Nexus Study for each Recreation and Park District. N. "Facilities" means those park and recreation facilities specified in the Park Impact Fee Nexus Study for each Recreation and Park District. O. "Industrial Structure" means a building to be used for manufacturing, fabrication, assembly, storage, distribution, and similar non-residential purposes. P. "Non-Residential Development" means a permit for the original construction or installation of three categories of structures including retail and other commercial, office, and industrial or similar non-residential occupancy. Q. "Office Structure" means a building to be used for general business services, professional office, medical office, and similar non-residential occupancy. -2-

3 R. "Park Impact Fee Nexus Study" or "Nexus Study" means the analysis establishing the legal and policy basis for the imposition of park impact fees for a Recreation and Park District in compliance with the Mitigation Fee Act. S. "Planning Director" means the Director of the Sacramento County Department of Planning and Community Development. T. "Program Boundaries" means all property located within those geographic areas of the Recreation and Park Districts that are within the unincorporated areas of the County (with the exception of the Antelope Public Facilities Financing Plan Area as defined in Section (f) for the Sunrise Recreation and Park District) as depicted in Figure 1 attached to this ordinance and incorporated herein by reference. Figure 1 is also on file with the Infrastructure Finance Section of the Sacramento County Municipal Services Agency. U. "Program Fee" means the Development Impact Fee per Development Unit for park and recreation facilities for each Recreation and Park District. The Program Fee per Development Unit is as adopted by resolution of the Board consistent with the Board approved Park Impact Fee Nexus Study for each Recreation and Park District. V. "Recreation and Park District" or "RPD" means any or all of the following local park agencies: the Arcade Creek Recreation and Park District, the Carmichael Recreation and Park District, the Fair Oaks Recreation and Park District, the Mission Oaks Recreation and Park District, the North Highlands Recreation and Park District, the Orangevale Recreation and Park District, the Rio Linda Elverta Recreation and Park, District, and the Sunrise Recreation and Park District. W. "Residential Development" means a permit for the original construction or installation of five categories of structures including single-family detached dwellings units, two to four unit attached dwellings, five or more unit attached dwellings, mobile homes, and residential accessory dwellings. These may include residential buildings typically called single-family attached homes, duplexes, triplexes, quadplexes, townhomes, condominiums, apartments, manufactured homes, mobile homes, and second residential units. X. "Retail and Other Commercial Structure" means a building to be used for retail, general commercial, hotel/motel, private school, and similar non-residential occupancy. Y. "Turnkey Park and Recreation Facilities" means improved parks, including recreational appurtenances, when constructed by a developer for dedication to a Recreation and Park District consistent with the District's facilities master plan and using design and improvement plans and specifications approved by the District Administrator Adoption and Compliance with Schedule of Development Impact Fee Program. A. The Board shall by resolution approve the Park Impact Fee Nexus Studies for the Recreation and Park Districts and adopt the Program Fee schedule specifying the Development Impact Fee rates. The Board shall review the Development Impact Fee Program not less than annually and may amend it by resolution at its discretion. B. All facilities shall be funded in accordance with the schedules established in the approved Nexus Studies. -3-

4 Establishment of Park Development Impact Fees. A. A separate Development Impact Fee is hereby established for each and shall apply to all properties within the applicable Program Boundaries of the following Recreation and Park Districts: 1. Arcade Creek Recreation and Park District; 2. Carmichael Recreation and Park District; 3. Fair Oaks Recreation and Park District; 4. Mission Oaks Recreation and Park District; 5. North Highlands Recreation and Park District; 6. Orangevale Recreation and Park District; 7. Rio Linda Elverta Recreation and Park District; and 8. Sunrise Recreation and Park District excepting there from the area within the Antelope Public Facilities Financing Plan Area as defined in Section (f) and the area within the City of Citrus Heights. B. The Development Impact Fee for each Recreation and Park District shall be imposed by resolution of the Board on the basis of the Nexus Study for each RPD Establishment and Administration of Arcade Creek RPD Park Improvement Fund. A. There is hereby established by the Department of Finance in the County Treasury a special interest-bearing trust fund entitled the Arcade Creek RPD Park Improvement Fund. All Development Impact Fees collected in the Arcade Creek Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Arcade Creek Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Arcade Creek RPD Park Impact Fee Nexus Study. B. The Arcade Creek RPD Park Improvement Fund shall be administered by the Arcade Creek Recreation and Park District. I! I i I Establishment and Administration of Carmichael RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Carmichael RPD Park Improvement Fund. All Development Impact Fees collected in the Carmichael Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Carmichael Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Carmichael RPD Park Impact Fee Nexus Study. B. The Carmichael RPD Park Improvement Fund shall be administered by the Carmichael Recreation and Park District Establishment and Administration of Fair Oaks RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Fair Oaks RPD Park -4-

5 Improvement Fund. All Development Impact Fees collected in the Fair Oaks Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Fair Oaks Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Fair Oaks RPD Park Impact Fee Nexus Study. B. The Fair Oaks RPD Park Improvement Fund shall be administered by the Fair Oaks Recreation and Park District Establishment and Administration of Mission Oaks RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Mission Oaks RPD Park Improvement Fund. All Development Impact Fees collected in the Mission Oaks Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Mission Oaks Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Mission Oaks RPD Park Impact Fee Nexus Study.. B. The Mission Oaks RPD Park Improvement Fund shall be administered by the Mission Oaks Recreation and Park District Establishment and Administration of North Highlands RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the North Highlands RPD Park Improvement Fund. All Development Impact Fees collected in the North Highlands Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the North Highlands Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the North Highlands RPD Park Impact Fee Nexus Study. B. The North Highlands RPD Park Improvement Fund shall be administered by the North Highlands Recreation and Park District Establishment and Administration of Orangevale RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Orangevale RPD Park Improvement Fund. All Development Impact Fees collected in the Orangevale Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Orangevale Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Orangevale RPD Park Impact Fee Nexus Study. B. The Orangevale RPD Park Improvement Fund shall be administered by the Orangevale Recreation and Park District. -5-

6 Establishment and Administration of Rio Linda Elverta RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Rio Linda Elverta RPD Park Improvement Fund. All Development Impact Fees collected in the Rio Linda Elverta Recreation and Park District pursuant to this Chapter shall be placed in said fund and shall be expended by the Rio Linda Elverta Recreation and Parks District solely to pay the costs of applicable parks and recreation facilities identified in the Rio Linda Elverta RPD Park Impact Fee Nexus Study. B. The Rio Linda Elverta RPD Park Improvement Fund shall be administered by the Rio Linda Elverta Recreation and Park District Establishment and Administration of Sunrise RPD Park Improvement Fund. Treasury a special interest-bearing trust fund entitled the Sunrise RPD Park Improvement Fund. All Development Impact Fees collected in the Sunrise Recreation and Park District, excepting therefrom those fees collected within the Antelope Fee Program area, pursuant to this Chapter shall be placed in said fund and shall be expended by the Sunrise Recreation and Parks District solely to pay the costs of applicable parks GJnd recreation facilities identified in the Sunrise RPD Park Impact Fee Nexus Study. B. The Sunrise RPD Park Improvement Fund shall be administered by the Sunrise Recreation and Park District Imposition of Development Impact Fees. No building permit shall be approved or issued for property within any of the Recreation and Park Districts' Program Boundaries unless the Development Impact Fees for that property are paid as required by this Chapter Payment of Development Impact Fees. The Development Impact Fees imposed pursuant to this Chapter shall be paid by the property owner to the Agency, in an amount calculated pursuant to Section The fees shall be calculated and paid upon issuance of the Building Permits unless deferred or waived pursuant to this Chapter and/or other Chapters of the Sacramento County Code Exemption from Development Impact Fees. A. Any replacement or reconstruction (no change in use) of any residential unit that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity, or act of God shall be exempt from the Development Impact Fees. B. Additions to single family residential structures provided no change in use occurs and a second full kitchen is not added shall be exempt from the Development Impact Fees. C. Ac;Jditions to multi-family residential structures that do not create additional units shall be exempt from the Development Impact Fees. -6-

7 D. Supporting use square footage in multi-family projects, such as the office and recreation areas required to directly serve the multi-family project shall be exempt from the Development Impact Fees. The residential unit fee will provide the full mitigation required in multi-family projects. E. Non-habitable residential structures such as decks, pools, pool cabanas, sheds, garages, etc. shall be exempt from the Development Impact Fees. F. Construction of an accessory dwelling unit that does not have a full kitchen shall be exempt from the Development Impact Fees. G. Mobile or manufactured homes with no permanent foundation shall be exempt from the Development Impact Fees Calculation of Park Development Impact Fees. A. For Residential Development within each respective Recreation and Park District, the Park Development Impact Fee per building permit set forth in Sections through shall be calculated pursuant to the following formula: Where: F=DxP F = the Park Development Fee to be paid by the owner of property for which a building permit is proposed for approval; and D = the number of Additional Dwelling Units to be constructed or relocated to the parcel of real property pursuant to the building permit requested; and P = Program Fee per dwelling unit for the residential use type specified in the requested building permit as shown in the Park Impact Fee Nexus Study for the applicable RPD most recently adopted by the Board, as annually subject to indexed adjustment pursuant to Section B. For Non-Residential Development within each respective Park District, the Development Fees per building permit set forth in Sections through shall be calculated pursuant to the following formula: Where: F=SxP F = the Park Development Fee to be paid by the owner of property for which a building permit is proposed for approval; and S = the floor area in Additional square feet of the buildings proposed to be constructed, improved, or relocated to the parcel of real property by issuance of a building permit; and P = Program Fee per square foot of building for the non-residential use type specified in the requested building permit as shown in the Park Impact Fee Nexus Study for the -7-

8 applicable RPD most recently adopted by the Board, as annually subject to indexed adjustment pursuant to Section C. For the purpose of calculating Development Impact Fees pursuant to Subdivisions (A) and (B) of this Section for properties with an approved use permit which significantly changes the underlying use of the site or for properties within a Special Planning Area, the Planning Director is hereby authorized to determine the Program Fee which corresponds most directly to the use and density of the property. D. For the purpose of calculating Development Impact Fees pursuant to Subdivisions (A) and (B) of this Section for building permits for land use categories not included in this ordinance, the affected RPD, in conjunction with the Planning Director is hereby authorized to determine the Program Fee which corresponds most directly to the use and density of the property. E. For the purpose of calculating Development Impact Fees pursuant to Subdivision (B) of this Section for Non-Residential structures to be used for self-storage or mini-storage regardless of the underlying land use designation, the Development Impact Fees shall be calculated using the Program Fee for Retail and Other Commercial Structures for those areas used for customer sales and office purposes and the Program Fee for Five or More Unit Attached Dwellings for any residential unit for the manager/night watch staff. F. For the purpose of calculating Development Impact Fees pursuant to Subdivision (B) of this Section for fuel service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the fee area, shall not include the square footage underneath fueling station canopies Credit or Reimbursement for Turnkey Park and Recreation Facilities. A. Upon application by the property owner, the District Administrator may authorize the construction of any park and recreation facilities, or portions thereof, as designated in the Development Impact Fee Program in lieu of all, or a portion of, the Development Impact Fee required by this Chapter and may enter into a credit agreement pursuant to Subsections (B) and (C), of this Section or may enter into a reimbursement agreement pursuant to Subsections (D) and (E) of this Section. If so authorized, the credit or reimbursement to be provided to the property owner shall not exceed the actual cost of construction of the Turnkey Park and Recreation Facilities including, but not limited to, costs such as design and engineering, construction survey, and inspection and shall not exceed the estimated cost of the facility as set forth in the approved Recreation and Park District's Nexus Study in effect at the time when the credit or reimbursement agreement is approved. The completed Turnkey Park and Recreation Facilities authorized by this Section must first be accepted by the District Administrator prior to any reimbursements or credits being given and issuance of any of the approvals set forth in Section B. Where the amount of the credit as determined pursuant to Subdivision (A) of this Section is less than the amount of the otherwise applicable Development Impact Fee, the property owner must pay the difference as set forth in Section

9 C. Where the amount of the credit as determined pursuant to Subdivision (A) of this Section is greater than the amount of the Development Impact Fee, the property owner shall be paid the difference only from the applicable Park Improvement Fund after the Turnkey Park and Recreation Facilities are accepted by the District Administrator and as set forth in the agreement. The agreement shall set forth the difference to be reimbursed, the time and manner in which payments are to be made pursuant to Subdivision (E) of this Section, and shall require reimbursement only from the applicable Park Improvement Fund. D. Upon application by the property owner or his authorized agent, the District Administrator may enter into a reimbursement agreement authorizing the construction of any park facilities, or portions thereof, designated in the approved Nexus Study. The agreement shall set forth the amount to be reimbursed as determined pursuant to Subdivision (A) of tris Section, the time and manner in which payments are to be made pursuant to Subdivision (E) of this Section, and shall require reimbursement only from the applicable Park Improvement Fund. E. Property owner shall be reimbursed on a first-come-first served basis based on the acceptance date of the improvement and further subject to the availability of funds in the applicable Park Improvement Fund. High priority projects as determined by the affected District Administrator shall take funding precedence over reimbursing property owners. F. By entering into a credit or reimbursement agreement, a property owner is not relieved of the obligation to pay the Development Impact Fees in the manner and amount specified by this Chapter. G. If the affected RPD enters into an agreement authorized by Subdivisions (A), (B), (C), (D) and (E) of this Section, the agreement shall provide that: 1) the general funds of the affected RPD and the County are not liable for payment of any obligations arising from the agreement; 2) the credit or taxing power of the County and/or affected RPD is not pledged for the payment of any obligations arising from the agreement; 3) the landowner shall not compel the exercise of the County taxing power or the forfeiture of any of its property to satisfy any obligations arising from the agreement; and 4) the obligation arising from the agreement is not a debt of the affected RPD or the County, nor a legal or equitable pledge, charge, lien, or encumbrance, upon any of their property, or upon any of their income, receipts, or revenues, and is payable only from the Development Impact Fees deposited in the applicable Park Improvement Fund. H. Property owner or his authorized agent shall apply for credit or reimbursement as set forth in Subdivisions (A), (B), (C), (D), and (E) of this Section no later than four (4) years after the park/recreation facility is constructed and accepted. Property owner shall waive the right of reimbursement for construction costs payable under this Section when the reimbursement is not applied for within said four (4) year limitation. -9-

10 Phasing of Fees. The implementation of the Development Impact Fees shall be phased over a two-year timeframe. The phasing shall coincide with the annual Program Fee adjustment as specified in Section The phasing shall be implemented as follows: Stage of Phasing Implementation of the Program March 2012 annual fee adjustment March 2013 annual fee adjustment Level of the Program Fee Charge at 33 1/3% of the new rate Charge at 66 2/3% of the adjusted rate Charge at 100% of adjusted rate Annual Program Fee Adjustment. Beginning March 1, 2012, and thereafter each year no later than March 15, the Agency Administrator with notice to the District Administrators shall authorize the adjustment of the Program Fee for each type of development 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 magazine Construction 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 in Subsection (A) of this Section by the "mean" index for the previous January. For example, the March 2013 adjustment factor will be determined by calculating the change from January 2012 to January However, the March 2012 adjustment shall be computed by dividing the "mean" index as calculated in Subsection (A) of this Section by the "mean" index for August 2010, and, if a new Program Fee has been adopted after January of the previous year, the adjustment factor shall use the "mean" index from the month that the fee was adopted. C. The new Program Fee per Development Unit shall be calculated by multiplying the adjustment factor, as calculated in Subsection (B) of this Section, by the Program Fee per Development Unit in place prior to the annual adjustment. D. The Estimated Cost of the Facilities used in the Capital Improvement Program and for calculating credits and reimbursements pursuant to Section shall be adjusted annually using the same adjustment factor pursuant to Subsections (A), (B) and (C) of this Section. -10-

11 Alternative Method and Compliance With Other Laws. A. 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 proposed in the respective Recreation and Park District Program Boundaries. The provisions of this Chapter shall not be construed to limit the power of the Board to impose any other fees or exactions or to continue to impose existing ones, on development within the affected RPD Program Boundaries, but shall be in addition to any other requirements which the Board is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the affected RPD Program Boundaries pursuant to state and local 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 not limited to: (1) the Quimby Act (Government Code section et seq.) and implementing ordinances (Chapter 2~.40 of this Code) and (2) Antelope Park Improvement fees (Chapter of this Code). Any credits or repayments pursuant to Section shall not include the funding, construction or dedications described in this Section. B. The construction of facilities by a private owner pursuant to Section shall be performed and contracted for only as required by law, including but not limited to, compliance with the applicable RPD's Improvement Standards, and requirements for public works, including but not limited to the California Public Contracts Code and Labor Code. SECTION 2. This ordinance was introduced and the title thereof read at the regular meeting of the Board of Supervisors on August , and on August , further reading was waived by the unanimous vote of the Supervisors present. This ordinance shall take effect and be in full force on and after thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days from the date of its passage it shall be published once with the names of the members of the Board of Supervisors voting for and against the same, said publication to be made in a newspaper of general circulation published in the County of Sacramento. -11-

12 On a motion by Supervisor, seconded by Supervisor, the foregoing ordinance was passed and adopted by the Board of Supervisors of the County of Sacramento, State of California, this day of 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Supervisors, Supervisors, Supervisors, Supervisors, Chair of the Board of Supervisors of Sacramento County, California (SEAL) ATTEST: Clerk, Board of Supervisors w:\ordinances\2010\ doc -12-

13 FIGURE 1 Park Development Impact Fees Program Boundaries For Recreation and Park Districts