Chapter 16.81
DEVELOPMENT FEES TO FINANCE COST OF
OFF-SITE ROADWAY MITIGATION AND LIBRARY FACILITIES
Sections:
16.81.050 Villages of Zinfandel library fund – Elimination and transfer to CFF library fund.
16.81.060 Imposition of development fees.
16.81.070 Payment of development fees.
16.81.120 Credit for construction of off-site roadway mitigation facilities.
16.81.150 Alternative method and compliance with other laws.
16.81.010 Purpose.
A. The general plan of the city of Rancho Cordova 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, transportation and library 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 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 Villages of Zinfandel 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.
E. It has since been determined the purpose of this chapter can be better accomplished through the collection of the citywide transportation development impact fee in lieu of collecting individual fees under the Villages of Zinfandel PRRP development fee program. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.020 Definitions.
“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 Rancho Cordova building code.
“City” means the city of Rancho Cordova.
“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.
“Council” means the city council of the city of Rancho Cordova.
“Department” means the city of Rancho Cordova public works department.
“Development fee” means the fee levied by this chapter upon the approval of building permits within the PFFP area.
“Director” means the director of the Rancho Cordova public works department.
“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 Rancho Cordova zoning code compared to the financial responsibility for the same facilities of one acre of land zoned for one single-family detached dwelling unit per acre.
“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 off-site roadway mitigation fee program.
“Facilities” means those public facilities designated in the PFFP off-site roadway mitigation fee program.
“Villages of Zinfandel administration fund” means that special interest-bearing trust fund established pursuant to RCMC 16.81.030.
“Villages of Zinfandel library fund” means that special interest-bearing trust fund established pursuant to RCMC 16.81.050.
“Villages of Zinfandel off-site roadway mitigation fund” means that special interest-bearing trust fund established pursuant to RCMC 16.81.040.
“Villages of Zinfandel public facilities financing plan area” means all property located within the geographic area as described in the PFFP.
“Villages of Zinfandel public facilities financing plan off-site roadway mitigation and library fee program” means the plan, including any amendments thereto, adopted by resolution by the council for financing of designated off-site roadway and library facilities to serve 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. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.030 Villages of Zinfandel administration fund – Elimination and transfer to traffic mitigation administration impact fee fund.
A. The Villages of Zinfandel administration fund is hereby eliminated. The Villages of Zinfandel administration fund was established as a special interest-bearing trust fund for the collection of the administration development fees. The collected administration development impact fees were to be used by the city of Rancho Cordova, solely to pay the estimated cost associated with the administration of the Villages of Zinfandel development impact fee program.
B. All administration development fees collected in the Villages of Zinfandel area pursuant to this chapter that were placed in the Villages of Zinfandel administration fund shall be transferred to the interest-bearing fund entitled “traffic mitigation administration impact fee fund” and will be used to pay the costs associated with the transportation development impact fee program. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.040 Villages of Zinfandel off-site roadway mitigation fund – Elimination and transfer to traffic mitigation administration impact fee fund.
A. The Villages of Zinfandel off-site roadway mitigation is hereby eliminated. The Villages of Zinfandel off-site roadway mitigation fund was established as a special interest-bearing trust fund for the collection of off-site roadway mitigation development fees. The collected off-site roadway mitigation development impact fees were to be used by the city of Rancho Cordova, solely to pay the estimated cost of off-site roadway mitigation facilities identified in the Villages of Zinfandel public facilities financing plan off-site roadway mitigation fee program.
B. All off-site roadway mitigation development fees collected in the Villages of Zinfandel area pursuant to this chapter that were placed in the Villages of Zinfandel off-site roadway mitigation fund shall be transferred to that interest-bearing trust fund entitled “traffic mitigation impact fee fund” to be expended by the city of Rancho Cordova, to pay the costs of transportation facilities identified in the TDIF nexus study, including those facilities identified in the Villages of Zinfandel public facilities financing plan development fee program. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.050 Villages of Zinfandel library fund – Elimination and transfer to CFF library fund.
A. The Villages of Zinfandel library fund is hereby eliminated. The Villages of Zinfandel library fund was established as a special interest-bearing trust fund for the collection of library development fees. The collected library development impact fees were to be used by the city of Rancho Cordova, solely to pay the estimated cost of library facilities identified in the Villages of Zinfandel public facilities financing plan development fee program – library development fee program.
B. All library development fees collected in the Villages of Zinfandel area pursuant to this chapter that were placed in the Villages of Zinfandel library fund shall be transferred to that interest-bearing trust fund entitled “the capital facilities fund (“CFF”) library fund” to be expended by the Sacramento public library authority, or its successor agency, to pay the costs of library facilities identified in CFF Nexus Study, including those facilities identified in the Villages of Zinfandel public facilities financing plan development fee program. [Ord. 8-2013 § 1; Ord. 28-2003 § 1].
16.81.060 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. 28-2003 § 1].
16.81.070 Payment of development fees.
The development fees imposed pursuant to this chapter will cease to be collected and all future development fees shall be paid by the property owner to the city in an amount calculated pursuant to Chapter 16.84 RCMC. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.080 Adoption of the capital improvement plan/program of the PFFP development fee program.
Repealed by Ord. 15-2021. [Ord. 28-2003 § 1].
16.81.090 Establishment of development fees.
Repealed by Ord. 15-2021. [Ord. 8-2013 § 2; Ord. 28-2003 § 1].
16.81.100 Calculation of development fees.
Repealed by Ord. 15-2021. [Ord. 28-2003 § 1].
16.81.110 Establishment of dwelling unit equivalent factor for land uses within the Villages of Zinfandel PFFP area.
Repealed by Ord. 15-2021. [Ord. 8-2013 § 3; Ord. 28-2003 § 1].
16.81.120 Credit for construction of off-site roadway mitigation facilities.
A. Where an off-site roadway mitigation facility is proposed for construction by the property owner within six 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 off-site roadway mitigation 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 RCMC 16.81.130.
B. Upon application by the property owner or his authorized agent, the director may authorize the construction of any off-site roadway mitigation facilities, or portions thereof, within six 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 off-site roadway mitigation fee program in lieu of all or a portion of the off-site roadway mitigation 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 off-site roadway mitigation 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 RCMC 16.81.050.
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 RCMC 16.81.070.
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 off-site roadway mitigation fund within a reasonable time after the project is accepted by the department and shall be entered into a reimbursement agreement pursuant to RCMC 16.81.130.
E. Any agreements executed under RCMC 16.81.130 shall now be administered under RCMC 16.84.110. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.130 Reimbursement for construction of off-site roadway mitigation facilities in advance of the PFFP off-site roadway mitigation 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 off-site roadway mitigation 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 Villages of Zinfandel off-site roadway mitigation fund.
B. The amount of reimbursement shall be the estimated cost of the facility as set forth in the PFFP off-site roadway mitigation 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 off-site roadway mitigation 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 RCMC 16.81.120(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 Villages of Zinfandel off-site roadway mitigation fund.
E. Any agreements executed under this section shall now be administered under RCMC 16.84.120. [Ord. 15-2021 § 2 (Exh. A); Ord. 28-2003 § 1].
16.81.140 Annual program fee adjustment.
Repealed by Ord. 15-2021. [Ord. 4-2014 § 1; Ord. 3-2012 § 1; Ord. 1-2011 § 1; Ord. 3-2010 § 1; Ord. 5-2009 § 1; Ord. 28-2003 § 1].
16.81.150 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 development proposed in the Villages of Zinfandel special planning area. The provisions of this chapter shall not be construed to limit the power of the 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 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 Rancho Cordova public works department improvement standards; (2) the Quimby Act (Section 66477 et seq. of the Government Code) and implementing ordinances (Chapter 22.40 RCMC); (3) school impact fees (Section 65970 et seq. of the Government Code) and implementing ordinances; and county drainage fees (Sacramento County Water Agency Ordinance No. 1). Any credits or repayments pursuant to RCMC 16.81.120 and 16.81.130 shall not include the funding, construction or dedications described in this section.
B. The construction of facilities by a private owner pursuant to RCMC 16.81.120 and 16.81.130 shall be performed and contracted for only as required by law, including, but not limited to, compliance with the department’s improvement standards, and requirements for public works, if applicable to the particular facility. [Ord. 28-2003 § 1].