Chapter 16.86
LAGUNA STONELAKE PUBLIC FACILITIES FINANCING PLAN DEVELOPMENT IMPACT FEE PROGRAM
Sections:
16.86.030 Establishment and administration of Laguna Stonelake administration fund.
16.86.040 Establishment and administration of Laguna Stonelake library fund.
16.86.050 Establishment and administration of Laguna Stonelake park fund.
16.86.060 Establishment and administration of Laguna Stonelake transportation fund.
16.86.070 Imposition of development fees.
16.86.080 Payment of development fees.
16.86.090 Adoption of the capital improvement plan/program of the PFFP – Development fee program.
16.86.100 Establishment of development fees.
16.86.110 Calculation of development fees.
16.86.130 Credit for construction of transportation facilities.
16.86.150 Reimbursement/credit for construction of park facilities.
16.86.160 Annual program fee adjustment.
16.86.170 Alternative method and compliance with other laws.
16.86.010 Purpose.
A. The City of Elk Grove 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, but not limited to:
1. Library facilities;
2. Park facilities; and
3. Transportation facilities.
B. The General Plan further requires the preparation of a plan that identifies a mechanism for financing those facilities necessary to serve urban development in areas designated for urban expansion. The General Plan also contains additional policies for supporting funding of adequate library facilities, supporting funding of additional park land acquisition and development, and use of developer dedications, development fees, and other means to pay for an acceptable level of transportation facilities.
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 development fees to fund the estimated cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the Laguna Stonelake public facilities financing plan (hereinafter in some instances referred to as “PFFP”) area.
D. It is the further purpose of this chapter to require that adequate provision be made for developer financed facilities within the PFFP area as a condition of any rezoning and prior to approval of certain permits within said area. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.020 Definitions.
A. “Acreage” means the net acreage of any property within the PFFP area.
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. “Department” means the Public Works Department of the City of Elk Grove.
D. “Development fee” means the fee levied by this chapter upon the approval of building permits within the PFFP area.
E. “Development unit” means dwelling unit for single-family residential development and acre for multifamily residential development and nonresidential development.
F. “Director” means the Public Works Director of the City of Elk Grove Public Works Department.
G. “Dwelling unit equivalent factor” means the number of dwelling unit equivalents per development unit that indicates the relative financial responsibility for facilities of a specific land use zone in the Zoning Code compared to the financial responsibility for the same facilities of one (1) acre of land zoned for one (1) single-family detached dwelling unit per acre.
H. “Estimated cost” means the cost of constructing a facility based upon the unit costs for each construction item plus contingency, planning, consulting inspection, materials testing, design and construction survey, engineering, and other related costs as set forth in the PFFP – development fee program.
I. “Facilities” means those public facilities designated in the PFFP – development fee program.
J. “Fee per dwelling unit equivalent” means the value that is calculated for each category of public facilities by dividing the total estimated cost of the facilities by the total dwelling unit equivalents generated by development within the PFFP area as identified in the PFFP – development fee program.
K. “Laguna Stonelake administration fund” means that special interest-bearing trust fund established pursuant to EGMC Section 16.86.030.
L. “Laguna Stonelake library fund” means that special interest-bearing trust fund established pursuant to EGMC Section 16.86.040.
M. “Laguna Stonelake park fund” means that special interest-bearing trust fund established pursuant to EGMC Section 16.86.050.
N. “Laguna Stonelake public facilities financing plan area” means all property located within the geographic area as described in the PFFP.
O. “Laguna Stonelake public facilities financing plan – development fee program” means the plan, including any amendments thereto, adopted by resolution by the City Council for financing of designated facilities within the PFFP area, including, but not limited to, a designation of those facilities to be constructed with the development fees collected pursuant to this chapter, the schedule for commencement of construction, the estimated cost of construction of the facilities and the total number of dwelling unit equivalents within the PFFP area.
P. “Laguna Stonelake transportation fund” means that special interest-bearing trust fund established pursuant to EGMC Section 16.86.060.
Q. “Multifamily residential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of town homes, condominiums and apartments.
R. “Nonresidential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of other than single-family detached homes, single-family attached homes, duplexes, town homes, condominiums, and apartments.
S. “Park development agreement” means the park development agreement – Laguna Stonelake between the Cosumnes Community Services District and Laguna Stonelake LLC.
T. “Program fee per development unit” means the development fee per development unit for a particular fee category. The program fee per development unit is calculated by multiplying the fee per dwelling unit equivalent by the dwelling unit equivalent factor for each type of development in each category of public facilities.
U. “Single-family 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, and duplexes. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.030 Establishment and administration of Laguna Stonelake administration fund.
There is hereby created by the Finance Director a special interest-bearing trust fund entitled the Laguna Stonelake administration fund or other appropriate accounting mechanism. All administration fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the City of Elk Grove, or its successor agency, solely to pay the costs of administration. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.040 Establishment and administration of Laguna Stonelake library fund.
There is hereby created by the Finance Director a special interest-bearing trust fund entitled the Laguna Stonelake library fund or other appropriate accounting mechanism. All library facilities development fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the Sacramento Public Library, or its successor agency, solely to pay the estimated cost of library facilities identified in the PFFP – development fee program. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.050 Establishment and administration of Laguna Stonelake park fund.
There is hereby created by the Finance Director a special interest-bearing trust fund or other appropriate accounting mechanism. All park facilities development fees collected pursuant to this chapter shall be placed in said fund and shall be expended by the Cosumnes Community Services District or its successor agency solely to pay the estimated cost of park facilities identified in the PFFP – development fee program. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.060 Establishment and administration of Laguna Stonelake transportation fund.
There is hereby created by the Finance Director a special interest-bearing trust fund entitled the Laguna Stonelake transportation fund or other appropriate accounting mechanism. All amounts collected from transportation facilities development fees shall be placed in said fund and shall be expended by the City of Elk Grove or its successor agency solely to pay the estimated cost of transportation facilities identified in the PFFP – development fee program. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.070 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 a condition of such approval. No building permit shall be approved for property within the PFFP area unless the development fees for that property are paid as required by this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.080 Payment of development fees.
The development fees imposed pursuant to this chapter shall be paid by the property owner to the Department, in an amount calculated pursuant to EGMC Sections 16.86.110, 16.86.120 and 16.86.130. The fees shall be calculated and paid upon issuance of building permits. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.090 Adoption of the capital improvement plan/program of the PFFP – Development fee program.
The City Council shall by resolution adopt the capital improvement plan/program of the PFFP – development fee program. The City Council shall review the capital improvement plan/program of the PFFP – development fee program not less than annually and may amend it by resolution at its discretion. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.100 Establishment of development fees.
A separate development fee is hereby established for each of the following categories:
A. Administration;
B. Library facilities;
C. Park facilities; and
D. Transportation facilities. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.110 Calculation of development fees.
A. The development fees per dwelling unit for single-family residential development set forth in EGMC Section 16.86.080 shall be calculated pursuant to the following formula:
F = P
where,
F = The development fee for each category of public facilities to be paid for each dwelling unit by the owner of property; and
P = Program fee per development unit for each category of public facilities for the type of development as shown in the PFFP development fee program.
B. The development fees per building permit for multifamily residential development and nonresidential development set forth in EGMC Section 16.86.080 shall be calculated pursuant to the following formula:
F = P x A
where,
F = The development fee for each category of public facilities to be paid for each building permit by the owner of property; and
P = Program fee per development unit for each category of public facilities for the type of development as shown in the PFFP development fee program; and
A = The net acreage proposed for development.
C. The development fees shall be paid by the property owner in the amount as calculated pursuant to subsections (A) and (B) of this section for the categories established by EGMC Section 16.86.100.
D. For the purpose of calculating PFFP development fees pursuant to subsections (A), (B), and (C) of this section for properties with an approved use permit which significantly changes the underlying use of the site, the Director is hereby authorized to determine the land use zone which corresponds most directly to the use and density.
E. For the purpose of calculating PFFP development fees pursuant to subsections (A), (B), and (C) of this section for building permits not associated with dwelling units from a recorded single-family residential subdivision, nonresidential development, or multifamily residential development, or for land use categories not included in this chapter, the Director is hereby authorized to determine the appropriate program fees. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.120 Establishment of dwelling unit equivalent factor for land uses within the Laguna Stonelake PFFP area.
A. The dwelling unit equivalent (DUE) factors per development unit utilized to calculate the library facilities development fee shall be as follows:
|
Land Use Category |
DUE Factor |
Development Unit |
|
Single-Family Residential |
1.0 |
Dwelling Unit |
|
Multifamily Residential |
11.7 |
Acre |
B. The dwelling unit equivalent (DUE) factors per development unit utilized to calculate the park facilities development fee shall be as follows:
|
Land Use Category |
DUE Factor |
Development Unit |
|
Single-Family Residential |
0.9 |
Dwelling Unit |
|
Multifamily Residential |
10.2 |
Acre |
|
Commercial/Office (LC) |
16.3 |
Acre |
|
Travel Commercial (TC) |
16.3 |
Acre |
|
Industrial Intensive (MP) |
18.0 |
Acre |
C. The dwelling unit equivalent (DUE) factors per development unit utilized to calculate the transportation facilities development fee shall be as follows:
|
Land Use Category |
DUE Factor |
Development Unit |
|
Single-Family Residential |
1.0 |
Dwelling Unit |
|
Multifamily Residential |
11.7 |
Acre |
|
Commercial/Office (LC) |
2.5 |
Acre |
|
Travel Commercial (TC) |
3.0 |
Acre |
|
Industrial Intensive (MP) |
3.5 |
Acre |
[Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.130 Credit for construction of transportation facilities.
A. Where a transportation facility is proposed for construction by the property owner within six (6) months prior to the beginning of the fiscal year for which it is scheduled for construction in the capital improvement plan/program of the PFFP – development fee program and after that time, the Director at his or her discretion may either:
1. Enter into a credit agreement with the property owner pursuant to this section; or
2. Enter into a reimbursement agreement with the property owner pursuant to EGMC Section 16.86.140.
B. Upon application by the property owner or his authorized agent, the Director may authorize the construction of any transportation facilities, or portions thereof, within six (6) months prior to the beginning of the fiscal year for which it is scheduled for construction and after that time as designated in the capital improvement plan/program of the PFFP – development fee program in lieu of all or a portion of the transportation facilities development fee required by this chapter. If so authorized, the credit to be provided to the property owner shall be equal to the estimated cost of the facility as set forth in the then current PFFP – development fee program, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must be accepted by the Department, or the property owner must post security for the complete performance of the construction in a form acceptable to the Director and the City Attorney, prior to credit being given and issuance of any of the approvals set forth in EGMC Section 16.86.080.
C. Where the amount of the credit is less than the amount of the otherwise applicable transportation facilities development fee, the property owner must pay the difference as set forth in EGMC Section 16.86.080.
D. Where the amount of the credit is greater than the amount of the development fee, the property owner shall be paid the difference only from the Laguna Stonelake transportation fund within a reasonable time after the project is accepted by the Department and shall be entered into a reimbursement agreement pursuant to EGMC Section 16.86.140. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.140 Reimbursement for construction of transportation facilities in advance of the PFFP – Development fee program schedule.
A. Upon application by the property owner or his authorized agent, the Director may enter into a reimbursement agreement for the construction of any transportation facilities, or portions thereof, as designated in the PFFP – development fee program. The agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made, and shall require reimbursement only from the Laguna Stonelake transportation fund.
B. The amount of reimbursement shall be the estimated cost of the facility as set forth in the PFFP development fee program in effect at the time the reimbursement agreement is approved. The time of reimbursement shall be the end of the fiscal year in which the facility is scheduled for construction in the PFFP – development fee program.
C. By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the development fees in the manner and amount specified by this chapter.
D. If the Director enters into an agreement authorized by subsection (A) of this section, or credit agreement as authorized by EGMC Section 16.86.130(A), the agreement shall provide that:
1. The general fund of the City is not liable for payment of any obligations arising from the agreement;
2. The credit or taxing power of the City is not pledged for the payment of any obligations arising from the agreement;
3. The landowner shall not compel the exercise of the City 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 City, 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 fees deposited in the Laguna Stonelake transportation fund. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.150 Reimbursement/credit for construction of park facilities.
A. Upon application by the property owner or his authorized agent, the Cosumnes Community Services District (Cosumnes CSD) may authorize the reimbursement or credit for the construction or funding of park facilities, or portions thereof, for the actual cost of construction or the estimated cost of facilities set forth in the PFFP – development fee program, whichever is less, in lieu of all or a portion of the park facilities development fee required by this chapter.
B. Reimbursement or credit shall only be given for the park facilities identified in the PFFP – development fee program.
C. Reimbursement or credit shall be given pursuant to the park development agreement between the Laguna Stonelake LLC and the Cosumnes CSD. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.160 Annual program fee adjustment.
In January of each calendar year, the program fee for each type of development in each fee category will automatically be 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. 7-2009 §3, eff. 5-1-2009; Ord. 4-2004 §2, eff. 3-19-2004; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]
16.86.170 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 development proposed in the Laguna Stonelake community plan. 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 PFFP area, but shall be in addition to any other requirements which the City Council is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the PFFP area 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 City of Elk Grove Public Works Department improvement standards;
2. The Quimby Act (Section 66477, et seq., of the Government Code) and implementing ordinances (EGMC Chapter 22.40);
3. School impact fees (Sections 65970, et seq., of the Government Code) and implementing ordinances; and County Drainage Fees (County Water Agency Ordinance No. 1). Any credits or repayments pursuant to EGMC Sections 16.86.130, 16.86.140 and 16.86.150 shall not include the funding, construction or dedications described in this section.
B. The construction of facilities by a private owner pursuant to EGMC Section 16.86.130, 16.86.140 or 16.86.150 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the Agency’s improvement standards, and requirements for public works, if applicable to the particular facility. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 2000-14A §1, eff. 10-25-2000; Ord. 2000-1 §1, eff. 7-1-2000]