Chapter 16.82
CITY OF ELK GROVE LAGUNA RIDGE PARK FEE
Sections:
16.82.030 Establishment of City of Elk Grove Laguna Ridge park facilities fund.
16.82.040 Establishment of City of Elk Grove Laguna Ridge supplemental park fee fund.
16.82.050 Adoption of Laguna Ridge park fee.
16.82.060 Calculation of Laguna Ridge park fee.
16.82.070 Adoption of Laguna Ridge supplemental park fee.
16.82.080 Calculation of Laguna Ridge supplemental park fee.
16.82.090 Payment of development fees.
16.82.100 Fee credits and reimbursements.
16.82.110 Compliance with other laws.
16.82.010 Purpose.
A. The City’s General Plan requires that areas chosen for urban expansion shall be capable of being provided within a reasonable period of time with an adequate level of public facilities, including park facilities.
B. The General Plan further requires the preparation of a plan that identifies a mechanism for financing and providing for those facilities necessary to serve urban development in areas designated for urban expansion.
C. The purpose of this chapter is to implement the General Plan requirements set forth in subsections (A) and (B) of this section and to use the authority in Article XI, Section 7 of the California Constitution by imposing fees to fund the cost of capital facilities the need for which is generated by the type and level of development designated in the General Plan.
D. The City Council hereby determines that payment of the Laguna Ridge park fee and supplemental park fee will be collected for public facilities for which an account has been established hereby and that are included within the City’s capital improvement plan. [Ord. 3-2011 §3, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006]
16.82.020 Definitions.
A. “Age-restricted unit” means a unit in a senior citizen housing development, as described in Section 51.3 of the California Civil Code, the age restrictions with respect to the occupancy of which are contained in recorded covenants, conditions, and restrictions, or another recorded instrument approved by the City Attorney, and provide that they remain in effect for at least forty (40) years.
B. “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 City of Elk Grove Building Code.
C. “City of Elk Grove Laguna Ridge park facilities fund” means that special interest-bearing trust fund established pursuant to EGMC Section 16.82.030.
D. “Costs” means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of a facility including, without limitation, the costs of land, construction, engineering, administration, and consulting fees.
E. “Development fee” means the Laguna Ridge park fee and/or supplemental park fee, the fees described by this chapter to be collected upon the approval of building permits within City boundaries.
F. “Facilities” means the facilities financed by the Laguna Ridge park fee and supplemental park fee.
G. “Fee resolution” means the resolution adopted by the City Council that adopts, levies, and establishes the amount of the Laguna Ridge park fee and supplemental park fee.
H. “Finance Director” means the Finance Director of the City of Elk Grove.
I. “Laguna Ridge area” means, collectively, the Laguna Ridge specific plan area, the Elk Grove Automall, and the Lent Ranch special planning area.
J. “Laguna Ridge park fee program” means the program described in this chapter of levying, collecting, and administering the Laguna Ridge park fee and supplemental park fee.
K. “Land use category” means a single-family, multifamily, or nonresidential land use as further defined in the fee resolution.
L. “Nonresidential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of construction other than single-family detached homes, single-family attached homes, duplexes, townhomes, condominiums, apartments, manufactured homes and mobile homes.
M. “Residential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of single-family detached homes, single-family attached homes, duplexes, townhomes, condominiums, apartments, manufactured homes and mobile homes. [Ord. 3-2011 §4, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006]
16.82.030 Establishment of City of Elk Grove Laguna Ridge park facilities fund.
The Finance Director shall create a special interest-bearing trust fund entitled the City of Elk Grove Laguna Ridge park facilities fund. The development fees collected shall be placed in that fund and shall be expended solely to pay the costs of developing a park within the planned Civic Center and equipment for the Bartholomew Sports Park and to pay the costs of administering the Laguna Ridge park fee program. [Ord. 3-2011 §5, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006]
16.82.040 Establishment of City of Elk Grove Laguna Ridge supplemental park fee fund.
The Finance Director shall create a special interest-bearing trust fund entitled the City of Elk Grove Laguna Ridge supplemental park fee fund. The development fees collected shall be placed in that fund and shall be expended solely to pay the costs of developing supplemental park improvements as identified in the City’s capital improvement program and to pay the costs of administering the Laguna Ridge supplemental park fee program. [Ord. 3-2011 §6, eff. 3-27-2011]
16.82.050 Adoption of Laguna Ridge park fee.
The City Council shall adopt, levy, and establish the amount of the Laguna Ridge park fee by resolution. The development fee shall be applicable to development within the Laguna Ridge area. The development fee is the successor to the park facilities fee component of the Laguna South public facilities fee and the park, landscape corridor, and the remaining portion of the administrative components to the interim Automall fee program (also referred to as the Laguna Ridge/Poppy Ridge fee program). [Ord. 3-2011 §7, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006. Formerly 16.82.040]
16.82.060 Calculation of Laguna Ridge park fee.
A. For residential development, the Laguna Ridge park fee shall be calculated by multiplying the number of units per land use category by a cost per unit factor as identified in the fee resolution.
B. For nonresidential development, the Laguna Ridge park fee shall be calculated by multiplying the number of building square feet per land use category by a cost per square foot factor as identified in the fee resolution.
C. For the purpose of calculating the Laguna Ridge park fee for land use categories not described in this chapter or the fee resolution, the Finance Director is hereby authorized to determine the land use category that corresponds most directly to the land use. Alternatively, the Finance Director may determine that no land use category corresponds and determine the Laguna Ridge park fee.
D. On January 1st of each calendar year, the amounts of the fee components of the Laguna Ridge park fee described in EGMC Section 16.82.050 shall be automatically adjusted by the average of the change in the San Francisco Construction Cost Index (CCI) and the change in the Twenty (20) City CCI as reported in the Engineering News Record for the twelve (12) month period ending October of the prior year. [Ord. 3-2013 §2, eff. 4-12-2013; Ord. 3-2011 §8, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006. Formerly 16.82.050]
16.82.070 Adoption of Laguna Ridge supplemental park fee.
The City Council shall adopt, levy, and establish the amount of the Laguna Ridge supplemental park fee by resolution. The development fee shall be applicable to development within the Laguna Ridge area with the exception of certain portions of the Elk Grove Automall and the Lent Ranch special planning area as identified in the Laguna Ridge supplemental park fee program nexus study. [Ord. 3-2011 §9, eff. 3-27-2011]
16.82.080 Calculation of Laguna Ridge supplemental park fee.
A. For residential development, the Laguna Ridge supplemental park fee shall be calculated by multiplying the number of units per land use category by a cost per unit factor as identified in the fee resolution.
B. For nonresidential development, the Laguna Ridge supplemental park fee shall be calculated by multiplying the number of building square feet per land use category by a cost per square foot factor as identified in the fee resolution.
C. For the purpose of calculating the Laguna Ridge supplemental park fee for land use categories not described in this chapter or the fee resolution, the Finance Director is hereby authorized to determine the land use category that corresponds most directly to the land use. Alternatively, the Finance Director may determine that no land use category corresponds and determine the Laguna Ridge supplemental park fee.
D. On January 1st of each calendar year, the amounts of the facilities and administration related fee components of the Laguna Ridge supplemental park fee described in EGMC Section 16.82.070 shall be automatically adjusted by the average of the change in the San Francisco Construction Cost Index (CCI) and the change in the Twenty (20) City CCI as reported in the Engineering News Record for the twelve (12) month period ending October of the prior year.
E. On January 1st of each calendar year, the amounts of the land acquisition fee components of the Laguna Ridge supplemental park fee shall be automatically adjusted by the percentage change in appraised value reported as of July 1st of the previous calendar year as compared to July 1st of two (2) calendar years prior. The values shall be reported by a licensed appraiser hired by the City to provide a value of residential land within the Laguna Ridge Specific Plan. [Ord. 3-2013 §3, eff. 4-12-2013; Ord. 3-2011 §10, eff. 3-27-2011]
16.82.090 Payment of development fees.
The development fees imposed pursuant to this chapter shall be paid by the property owner to the City, in an amount established by the fee resolution and calculated as further described in EGMC Sections 16.82.060 and 16.82.080. The fees shall be both calculated and paid upon the issuance of building permits. [Ord. 3-2011 §11, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006. Formerly 16.82.060]
16.82.100 Fee credits and reimbursements.
A. General Provisions. Fee credits and reimbursements will be available for the Laguna Ridge park fee and supplemental park fee. The City will determine which parks and facilities will be eligible for developers to construct. Facilities must meet City standards for acquisition projects in order to be eligible for fee credits or reimbursements. All construction contracts, construction work, and requests for reimbursement must be performed in conformance with the most current “Reimbursement Policies and Procedures for Privately Constructed Public Facilities.” Developers will be responsible for complying with all applicable laws, codes, and regulations relating to contracting and construction procedures for publicly funded public works projects.
B. Timing and Amount of Fee Credits/Reimbursements.
1. Fee credits and reimbursements will only be given to fully completed projects that are identified in the capital improvement plan as a Laguna Ridge park fee or supplemental park fee program facility. Developers may only seek fee credits or reimbursements for such projects from the Laguna Ridge park fee or supplemental park fee program. In order to obtain fee credits for a single-family project, a developer must enter into a credit agreement with the City. Fee credits will be proportionately allocated to lots within a final subdivision map, not a large lot map. In order to obtain fee credits for a multifamily or nonresidential project, the developer must enter into a credit agreement with the City. Fee credits will be proportionately allocated to units in a multifamily project or proportionately spread over the leasable square footage in a nonresidential project. Large lot maps may be used for credit allocation in multifamily or nonresidential projects with mutual agreement between the developer and the City. If all criteria for receiving a fee credit are met as outlined in the credit agreement, the developer may take the credit against the Laguna Ridge park fee or supplemental park fee, as appropriate, at the issuance of a building permit.
2. Developers must enter into a reimbursement agreement with the City prior to construction if they wish to be reimbursed for a facility. The priority of the reimbursement will be determined by the Finance Director, and the reimbursement will only be paid after the City has accepted the developer-funded facility. All reimbursements will be an obligation of the Laguna Ridge park fee or supplemental park fee program, as appropriate, and not an obligation of the general fund.
3. Developers will be eligible for fee credits and reimbursements up to, but not exceeding, one hundred (100%) percent of the Laguna Ridge park fee or supplemental park fee, as appropriate, excluding any administration costs.
4. The City will reimburse the developer for acquisition or installation of the Laguna Ridge park fee or supplemental park fee program improvements based on the lesser of a) the actual construction cost of the eligible facilities, as determined in the sole discretion of the City, through its review of the construction contract, plus an allowance for soft costs associated with the actual construction costs, as determined by the City, and b) the total of allowable costs, based on the cost schedules set forth in the Laguna Ridge park fee or supplemental park fee program (without interest), which may escalate each January by the change in the average of the San Francisco and Twenty (20) City Construction Cost Indices as reported in the Engineering News Record for the twelve (12) month period ending October of the prior year. [Ord. 3-2011 §12, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006. Formerly 16.82.070]
16.82.110 Compliance with other laws.
This chapter is intended to establish a 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 City of Elk Grove. The provisions of this chapter shall not be construed to limit the power of the City Council to impose any other fees or exactions or to continue to impose existing ones on development within the City, but shall be in addition to any other requirements that the City Council is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the City 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, the City of Elk Grove Public Works Department improvement standards. Any credits or repayments pursuant to this chapter shall not include the funding, construction or dedications described in this section. [Ord. 3-2011 §13, eff. 3-27-2011; Ord. 7-2009 §3, eff. 5-1-2009; Ord. 42-2006 §2, eff. 11-24-2006. Formerly 16.82.080]