Chapter 16.83
DEVELOPMENT IMPACT FEES TO FINANCE COST OF PUBLIC FACILITIES
Sections:
16.83.030 Establishment and administration of Sunrise Douglas community plan roadway fund.
16.83.050 Establishment and administration of Sunrise Douglas community plan interim sewer fund.
16.83.080 Establishment and administration of Sunrise Douglas community plan administration fund.
16.83.090 Imposition of development fee.
16.83.100 Payment of development fees.
16.83.105 Payment of development fees – Deferral.
16.83.120 Establishment of development fees and creation of zones.
16.83.130 Calculation of development fees.
16.83.150 Credit for construction of roadway facilities.
16.83.170 Credit or reimbursement for construction of park and recreation facilities.
16.83.175 Programmed cost updates.
16.83.180 Credit for construction of off-site water facilities.
16.83.190 Credit for construction of interim sewer facilities.
16.83.200 Annual program fee adjustment.
16.83.210 Alternative method and compliance with other laws.
16.83.010 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:
1. Roadway facilities;
2. Transit facilities;
3. Park facilities; and
4. 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 supporting funding of adequate library facilities, supporting funding of park 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 cost of certain facilities, the need for which is directly or indirectly generated by the type and level of development proposed in the Sunrise Douglas community plan, as may be amended from time to time, and in the Sunridge specific plan and other development projects located within the Sunrise Douglas community plan area.
D. It is the further purpose of this chapter to require that adequate provision is made for developer-financed public facilities within the Sunrise Douglas community plan area as a condition to any rezoning and prior to approval of certain permits within said area. [Ord. 24-2004 § 1].
16.83.020 Definitions.
“Areas” means those geographic areas established for public facilities financing purposes within the Sunrise Douglas community plan public facilities financing plan area depicted in Figure 1 attached to the ordinance codified in this chapter and incorporated herein by reference. Area 1 comprises the Sunridge specific plan area. A detailed map of each area depicted on Figure 1 is on file with the public works department of the city of Rancho Cordova and is by this reference incorporated herein.
“Building permit” means the permit issued or required for the construction of residential dwelling units or for the construction or improvement of additional square footage of floor area for any nonresidential structure pursuant to and as defined by the city of Rancho Cordova building code.
“City” means the city of Rancho Cordova.
“Commercial development” means buildings constructed for the purpose of occupancy by retail, services, and other principally nonoffice businesses located on sites zoned SC shopping center, LC limited commercial, TC travel commercial, AC auto commercial, or GC general commercial in accord with the city of Rancho Cordova zoning code or designated commercial or commercial mixed use (CMU) by the Sunridge specific plan or other specific plan. Residential dwellings constructed on sites designated CMU or another commercial zone pursuant to the zoning code or specific plan are residential development rather than commercial development for purposes of this chapter.
“Costs” means amounts spent, or authorized to be spent, in connection with the planning, financing, acquisition and development of a public facility or infrastructure including, without limitation, the costs of land, construction and inspection, 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” or “development impact fee” means the fee levied by this chapter upon the approval of building permits within the Sunrise Douglas community plan area.
“Development unit” means dwelling unit for residential development or square feet of building floor area for nonresidential development.
“Director” means the director of the Rancho Cordova public works department.
“Equivalent dwelling unit factor” means the number of equivalent dwelling units (EDUs) per development unit that indicates the relative financial responsibility for facilities of a specific land use category as defined in this chapter and regulated by 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.
“Facilities” means those public facilities designated in the Sunrise Douglas community plan development impact fee program.
“Fee per equivalent dwelling unit” means the fee rate that is calculated for each category of public facilities by dividing the total estimated cost of the facilities by the total equivalent dwelling units to be generated by planned development within the Sunrise Douglas community plan area and subject to the SDCP development impact fee program.
“Improvement plan” means the site plan of property proposed for development showing all required improvements that must be approved by the Rancho Cordova public works department pursuant to Chapter 12.03 RCMC prior to the issuance of a building permit for the property.
“Land use category” means any of the following development categories as defined by this chapter: single-family residential development, multifamily residential development, commercial development, and office development.
“Multifamily residential development” means buildings consisting of three or more attached dwelling units for residential occupancy as apartments, townhouses, or condominiums.
“Nonresidential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of buildings other than single-family detached homes, single-family attached homes, duplexes, townhomes, condominiums, apartments, manufactured homes and mobile homes. Typically nonresidential development consists of buildings to be occupied by retail, service, or other commercial businesses or by offices as regulated by the city of Rancho Cordova zoning code, but may also include buildings for use by churches, day care centers, private schools, and other institutional uses. Mixed-use buildings consisting of both dwelling units and commercial and/or office areas will have the respective building areas treated as either residential development or nonresidential development for purposes of this chapter.
“Office development” means buildings constructed for the purpose of occupancy by principally business and professional office uses located on sites zoned BP business and professional office in accord with the city of Rancho Cordova zoning code or designated commercial or CMU commercial mixed use by the Sunridge specific plan or other specific plan.
“Planning director” means the planning director of the city of Rancho Cordova.
“Program fee per development unit” means the development fee per development unit for a particular category of facilities. For each facilities category the program fee per development unit is calculated by multiplying the fee per equivalent dwelling unit by the equivalent dwelling unit factor for each land use category as established and periodically updated in the Sunrise Douglas community plan development impact fee program.
“Programmed cost” means the estimated cost of constructing a facility based upon the unit costs for each construction item plus a fixed 21 percent for inspection, materials testing, design and construction surveys, and engineering, and a fixed 10 percent for construction contingency as set forth in the Sunrise Douglas community plan development impact fee program and its public facilities project cost estimates, as periodically updated and adopted by resolution of the council.
“Residential development” means a subdivision map, parcel map, or permit for the original construction, grading or installation of dwelling units for residential use including detached and attached housing for owner or rental occupancy. For purposes of this chapter, residential development includes buildings or portions of buildings consisting of dwelling units constructed on sites designated CMU or another commercial zone. Institutional uses or other nonhousing development allowed by special use permit to be constructed on sites zoned for residential use are nonresidential development for purposes of this chapter.
“Single-family residential development” means buildings consisting of individual dwelling units or no more than two attached dwelling units for residential occupancy as single-family detached homes, single-family attached homes, duplexes, halfplexes, manufactured homes, mobile homes, and residential accessory dwellings.
“Sunrise Douglas community plan administration fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.080.
“Sunrise Douglas community plan area” means all property located within the geographic area of the Sunrise Douglas community plan (SDCP) as originally adopted by the Sacramento County board of supervisors by Resolution No. 2002-0902 and as defined in the certified final environmental impact report for the Sunrise Douglas community plan and Sunridge specific plan.
“Sunrise Douglas community plan – Cordova recreation and park district park improvement fund” or “Sunrise Douglas community plan CRPD park improvement fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.060.
“Sunrise Douglas community plan development impact fee program” means the plan, including any amendments thereto, adopted by resolution by the council for financing of designated public facilities to serve the Sunrise Douglas community plan area, including, but not limited to, a designation of those facilities to be constructed with the development fees collected pursuant to this chapter, the priority list for commencement of construction, the estimated cost of construction of the facilities and the total number of dwelling unit equivalents within each area of the Sunrise Douglas community plan area as established.
“Sunrise Douglas community plan fee program update fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.070.
“Sunrise Douglas community plan interim sewer fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.050.
“Sunrise Douglas community plan library fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.065.
“Sunrise Douglas community plan public facilities financing plan area” or “SDCP-PFFP area” means all property located within the Sunrise Douglas community plan area depicted in Figure 1 attached to the ordinance codified in this chapter and herein incorporated by reference. A detailed map of the property depicted on Figure 1 is on file with the public works department of the city of Rancho Cordova and is by this reference incorporated herein.
“Sunrise Douglas community plan roadway fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.030.
“Sunrise Douglas community plan supplemental off-site water fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.045.
“Sunrise Douglas community plan transit shuttle fund” means that special interest-bearing trust fund established pursuant to RCMC 16.83.040. [Ord. 24-2004 § 1].
16.83.030 Establishment and administration of Sunrise Douglas community plan roadway fund.
A. There is hereby created by the department of finance in the city treasury a special interest-bearing trust fund entitled the Sunrise Douglas community plan roadway fund. All amounts collected from roadway development fees from Area 1 pursuant to this chapter shall be placed in said fund and shall be expended by the city of Rancho Cordova or its successor agency solely to pay the costs identified in the roadway capital improvement program of the Sunrise Douglas community plan development impact fee program.
B. The Sunrise Douglas community plan roadway fund shall be administered by the director. [Ord. 24-2004 § 1].
16.83.040 Sunrise Douglas community plan transit shuttle fund – Elimination and transfer to TDIF fund.
A. The Sunrise Douglas community plan transit shuttle fund is hereby eliminated. The Sunrise Douglas community plan transit shuttle fund was previously established as a special interest-bearing trust fund for the collection of transit shuttle development fees for Area 1 pursuant to this chapter. The collected transit shuttle fees were to be used by the city of Rancho Cordova solely to pay the costs of transit shuttle facilities and equipment identified in the Sunrise Douglas community plan development impact fee program.
B. All transit shuttle development fees collected in Area 1 pursuant to this chapter that were placed in the Sunrise Douglas community plan transit shuttle fund shall be transferred to that interest-bearing trust fund entitled the “transit development impact fee” (“TDIF”) to be expended by the city of Rancho Cordova solely to pay the costs of transit shuttle facilities and equipment identified in the Sunrise Douglas community plan development impact fee program. [Ord. 10-2021 § 3; Ord. 24-2004 § 1].
16.83.045 Establishment and administration of Sunrise Douglas community plan supplemental off-site water fund.
A. There is hereby created by the department of finance in the city treasury a special interest-bearing trust fund entitled the Sunrise Douglas community plan supplemental off-site water fund. All amounts collected from supplemental off-site water development fees for Area 1 pursuant to this chapter shall be placed in said fund and shall be expended by the city of Rancho Cordova or its successor agency solely to pay the costs of supplemental off-site water facilities identified in the Sunrise Douglas community plan specific plan development impact fee program.
B. The Sunrise Douglas community plan supplemental off-site water fund shall be administered by the director. [Ord. 24-2004 § 1].
16.83.050 Establishment and administration of Sunrise Douglas community plan interim sewer fund.
A. There is hereby created by the department of finance in the city treasury a special interest-bearing trust fund entitled the Sunrise Douglas community plan interim sewer fund. All amounts collected from interim sewer development fees for Area 1 pursuant to this chapter shall be placed in said fund and shall be expended by the city of Rancho Cordova or its successor agency solely to pay the costs of interim sewer facilities identified in the Sunrise Douglas community plan specific plan development impact fee program.
B. The Sunrise Douglas community plan interim sewer fund shall be administered by the director. [Ord. 24-2004 § 1].
16.83.060 Establishment and administration of Sunrise Douglas community plan CRPD park improvement fund.
A. There is hereby created by the office of the department of finance in the city treasury a special interest-bearing trust fund entitled the Sunrise Douglas community plan CRPD park improvement fund. All park improvement development fees collected in Area 1 pursuant to this chapter shall be placed in said fund and shall be expended by the Cordova recreation and park district or its successor agency solely to pay the costs of applicable parks and recreation facilities identified in the Sunrise Douglas community plan specific plan development impact fee program for Area 1.
B. The Sunrise Douglas community plan CRPD park improvement fund shall be administered by the Cordova recreation and park district. [Ord. 24-2004 § 1].
16.83.065 Sunrise Douglas community plan library fund – Elimination and transfer to CFF library fund.
A. The Sunrise Douglas community plan library fund is hereby eliminated. The Sunrise Douglas community plan library fund was previously established as a special interest-bearing trust fund for the collection of library development fees collected in Area 1 pursuant to this chapter. The collected library development fees were to be used by the Sacramento public library authority, or its successor agency, solely to pay the costs of library facilities identified in the Sunrise Douglas community plan specific plan development impact fee program.
B. All library development fees collected in Area 1 pursuant to this chapter that were placed in the Sunrise Douglas community plan 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 the CFF Nexus Study, including those facilities identified in the Sunrise Douglas community plan specific plan development impact fee program. [Ord. 7-2013 § 1; Ord. 24-2004 § 1].
16.83.070 Sunrise Douglas community plan fee program update fund – Elimination and transfer to administration fund.
A. The Sunrise Douglas community plan fee program update fund is hereby eliminated. The Sunrise Douglas community plan fee program update fund was previously established as a special interest-bearing trust fund for collection of fee program update fees for Area 1 pursuant to this chapter. The collected fee program update fees were to be used by the city of Rancho Cordova solely to pay the costs associated with updating the Sunrise Douglas community plan development impact fee program.
B. All fee program update development fees collected in Area 1 pursuant to this chapter that were placed in the Sunrise Douglas community plan fee program update fund shall be transferred to that interest-bearing trust fund entitled the Sunrise Douglas community plan administration fund to be expended by the city of Rancho Cordova solely to pay the costs associated with administering the Sunrise Douglas community plan development impact fee program. [Ord. 10-2021 § 3; Ord. 24-2004 § 1].
16.83.080 Establishment and administration of Sunrise Douglas community plan administration fund.
A. There is hereby created by the department of finance in the city treasury a special interest-bearing trust fund entitled the Sunrise Douglas community plan administration fund or other appropriate accounting mechanism. All administration fees collected in Area 1 pursuant to this chapter shall be placed in said fund and shall be expended by the city of Rancho Cordova, or its successor agency, solely to pay the costs associated with administering the Sunrise Douglas community plan development impact fee program.
B. The Sunrise Douglas community plan administration fund shall be administered by the director. [Ord. 24-2004 § 1].
16.83.090 Imposition of development fee.
No change in a land use zoning designation shall be approved within the Sunrise Douglas community plan area unless payment of the development fees established by this chapter is required of the property owner as a condition of such approval. No building permit shall be approved for property within the Sunrise Douglas community plan area unless the development fees for that property are paid as required by this chapter. [Ord. 24-2004 § 1].
16.83.100 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 RCMC 16.83.120, 16.83.130 and 16.83.140. The fees shall be calculated upon the approval of subdivision maps and shall be paid upon issuance of building permits. For projects that are subject to building permits, but not subdivision map approval, the fees shall be both calculated and paid upon issuance of the building permits. [Ord. 24-2004 § 1].
16.83.105 Payment of development fees – Deferral.
Notwithstanding any other requirement in RCMC 16.83.100, due to the continued effects of the nationwide slowdown in the housing market and the city’s desire to encourage quality development, the city manager, or his/her designee, shall have the authority to consider and approve requests to defer payment of development impact fees imposed pursuant to this chapter to the earlier of 24 hours prior to scheduling a final inspection, issuance of a temporary or final certificate of occupancy, or one year from the date the deferral is approved. [Ord. 8-2019 § 1; Ord. 4-2016 § 1; Ord. 7-2013 § 2; Ord. 32-2010 § 2; Ord. 10-2009 § 2; Ord. 14-2008 § 1].
16.83.110 Adoption of the capital improvement plan and compliance with priority list of Sunrise Douglas community plan development impact fee program.
A. The council shall by resolution adopt the capital improvement plan of the Sunrise Douglas community plan development impact fee program. The council shall review the capital improvement plan of the Sunrise Douglas community plan development impact fee program not less than annually and may amend it by resolution at its discretion.
B. With the exception of facilities approved by the director for construction by a property owner pursuant to RCMC 16.83.160, all facilities shall be funded in accordance with the priority list established in the Sunrise Douglas community plan development impact fee program. [Revised during 2008 codification; Ord. 24-2004 § 1].
16.83.120 Establishment of development fees and creation of zones.
A. A separate development fee is hereby established for each of the following categories:
1. Sunrise Douglas community plan roadway;
2. Sunrise Douglas community plan transit shuttle;
3. Sunrise Douglas community plan supplemental off-site water;
4. Sunrise Douglas community plan interim sewer;
5. Sunrise Douglas community plan CRPD park improvement;
6. Sunrise Douglas community plan library;
7. Sunrise Douglas community plan fee program update; and
8. Sunrise Douglas community plan administration.
B. There is hereby created one initial area of the SDCP area encompassing the Sunridge specific plan area as shown in Figure 1.
C. The Sunrise Douglas community plan roadway development fee shall apply to property within Area 1. The Sunrise Douglas community plan transit shuttle development fee shall apply to property within Area 1. The Sunrise Douglas community plan supplemental off-site water development fee shall apply to property within Area 1. The Sunrise Douglas community plan interim sewer development fee shall apply to property within Area 1. The Sunrise Douglas community plan CRPD park improvement development fee shall apply to property within Area 1. The Sunrise Douglas community plan library development fee shall not apply to property within Area 1; the property within Area 1 shall be subject to the CFF library fee. The Sunrise Douglas community plan fee program update development fee shall apply to property within Area 1. The Sunrise Douglas community plan administration fee shall apply to property within Area 1.
D. Future areas of the SDCP development impact fee program shall be created as additional public facilities financing plans are implemented for remaining undeveloped areas outside of the Sunridge specific plan area but within the boundaries of the Sunrise Douglas community plan area. [Ord. 7-2013 § 3; Ord. 24-2004 § 1].
16.83.130 Calculation of development fees.
A. For single-family residential development and multifamily residential development within Area 1, the development fees per dwelling unit set forth in RCMC 16.83.090 and 16.83.100 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 for which a change in land use zone has been approved or the permits described in RCMC 16.83.090 are proposed for approval; and
P = Program fee per dwelling unit for each category of public facilities for the type of development as shown in the Sunrise Douglas community plan development impact fee program.
B. For nonresidential development within Area 1, the development fees per building permit set forth in RCMC 16.83.090 and 16.83.100 shall be calculated pursuant to the following formula:
F = P x S
Where:
F = The development fee for each category of public facilities to be paid for each building permit by the owner of property for which a change in land use zone has been approved or the permits described in RCMC 16.83.090 are proposed for approval; and
P = Program fee per square foot of building floor area for each category of public facilities for the type of development as shown in the Sunrise Douglas community plan development impact fee program.
S = The number of square feet of building floor area proposed for development.
C. The administration fee per building permit as set forth in RCMC 16.83.090 and 16.83.100 shall be calculated pursuant to the following formula:
F = T x 3.75%
Where:
F = The administration fee to be paid for each dwelling unit for single-family residential development and multifamily residential development, or for each building permit for nonresidential development, by the owner of property for which a change in land use zone has been approved or the permits described in RCMC 16.83.090 are proposed for approval.
T = The sum of the development fees for all fee categories of public facilities to be paid for each dwelling unit for single-family residential development and multifamily residential development, or for each building permit for nonresidential development, before any applicable credits pursuant to RCMC 16.83.150, 16.83.160, 16.83.165, 16.83.170 or 16.83.180 are applied, by the owner of property for which a change in land use zone has been approved or the permits described in RCMC 16.83.090 are proposed for approval.
D. The development fees shall be paid by the property owner in the amount as calculated pursuant to subsections (A), (B) and (C) of this section for the categories of facilities established by RCMC 16.83.120, which are applicable.
E. For the purpose of calculating Sunrise Douglas community plan development fees pursuant to subsections (A), (B), (C) and (D) of this section for properties with an approved use permit which significantly changes the underlying use of the site or properties within a special planning area, the planning director is hereby authorized to determine the EDU factors for each fee category which correspond most directly to the use and density.
F. For the purpose of calculating Sunrise Douglas community plan development fees pursuant to subsections (A), (B), (C) and (D) of this section for building permits for land use categories not included in this chapter, the planning director is hereby authorized to determine the EDU factors for each fee category which correspond most directly to the use and density.
G. For the purpose of calculating Sunrise Douglas community plan development impact fees pursuant to subsections (A), (B), (C) and (D) of this section for service stations, the floor area in additional square feet of the buildings proposed to be constructed, improved, or relocated from outside of the Sunrise Douglas community plan area shall include the square footage underneath all canopies. [Revised during 2008 codification; Ord. 24-2004 § 1].
16.83.140 Establishment of equivalent dwelling unit factors for land uses within the Sunrise Douglas community plan area.
A. The equivalent dwelling unit factors for property within the Sunridge specific plan area are based on the Sunrise Douglas community plan development impact fee program.
B. The equivalent dwelling unit (EDU) factors utilized to calculate the roadway development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
4.50 per acre |
|
Multifamily residential |
10.20 per acre |
|
Office |
13.50 per acre |
|
Commercial |
16.30 per acre |
C. The equivalent dwelling unit (EDU) factors utilized to calculate the transit shuttle development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
4.40 per acre |
|
Multifamily residential |
38.10 per acre |
|
Office |
36.90 per acre |
|
Commercial |
52.80 per acre |
D. The equivalent dwelling unit (EDU) factors utilized to calculate the off-site water development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
1.00 per unit |
|
Multifamily residential |
0.75 per unit |
|
Office |
4.00 per acre |
|
Commercial |
4.00 per acre |
E. The equivalent dwelling unit (EDU) factors utilized to calculate the interim sewer development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
1.00 per unit |
|
Multifamily residential |
0.75 per unit |
|
Office |
2.61 per acre |
|
Commercial |
1.09 per acre |
F. The equivalent dwelling unit (EDU) factors utilized to calculate the park improvement development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
1.00 per unit |
|
Multifamily residential |
0.78 per unit |
|
Office |
1.74 per acre |
|
Commercial |
1.01 per acre |
G. Repealed by Ord. 7-2013.
H. The equivalent dwelling unit (EDU) factors utilized to calculate the fee program update development fees shall be as follows:
|
Land Use Categories |
EDU Factor |
|---|---|
|
Single-family residential |
1.00 per acre |
|
Multifamily residential |
1.00 per acre |
|
Office |
1.00 per acre |
|
Commercial |
1.00 per acre |
[Ord. 7-2013 § 4; Ord. 24-2004 § 1].
16.83.150 Credit for construction of roadway facilities.
A. Upon application by the property owner or his authorized agent, the director may authorize the construction of any roadway facilities, or portions thereof, in order of priority as designated on the priority list in the Sunrise Douglas community plan development impact fee program in lieu of all, or a portion of, the roadway development fee required by this chapter. If so authorized, the credit for such in-lieu construction to be provided to the property owner shall be equal to 80 percent of the programmed cost of the facility as set forth in the Sunrise Douglas community plan development impact fee program in effect at the time when the credit agreement is approved, 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 16.83.100.
B. Upon acceptance of the completed facility and after reconciliation of the final facility costs, the remaining 20 percent of the programmed cost as designated in the Sunrise Douglas community plan development impact fee program, or other amount as may be determined by the director pursuant to RCMC 16.83.175, may be issued as a credit balance to the property owner that may be utilized within the Sunrise Douglas community plan area.
C. Where the amount of the credit is less than the amount of the otherwise applicable roadway development fee, the property owner must pay the difference as set forth in RCMC 16.83.100.
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 applicable Sunrise Douglas community plan roadway fund within a reasonable time after the project is accepted by the department pursuant to RCMC 16.83.160 in order of priority on the priority list in the Sunrise Douglas community plan development impact fee program when funds are available.
E. Where a facility is proposed for construction by the property owner, the director at his discretion may either (1) provide the property owner with a credit pursuant to this section or (2) enter into a reimbursement agreement with the property owner pursuant to RCMC 16.83.160. [Ord. 24-2004 § 1].
16.83.160 Reimbursement for construction of roadway projects in advance of the Sunrise Douglas community plan development impact fee program priority list schedule.
A. Upon application by the property owner or his authorized agent, the director may enter into a reimbursement agreement authorizing the construction of any roadway facilities, or portions thereof, designated in the Sunrise Douglas community plan development impact 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 applicable Sunrise Douglas community plan roadway fund when funds are available.
B. The amount of reimbursement shall be the actual cost of the facility up to the programmed cost of the facility as set forth in the Sunrise Douglas community plan development impact fee program in effect at the time the construction contract is awarded for that specific facility or other amount as may be determined by the director pursuant to RCMC 16.83.175. The time of reimbursement shall be the end of the fiscal year in which the facility is scheduled for construction based on the priority list in the Sunrise Douglas community plan development impact fee program or as different timing is otherwise authorized by the director.
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 16.83.150(C), 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 applicable Sunrise Douglas community plan roadway fund.
E. The property owner or his authorized agent shall apply for reimbursement as set forth in subsections (A), (B), (C), and (D) of this section no later than four years after the roadway project is constructed and accepted. The 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-year limitation. [Ord. 24-2004 § 1].
16.83.170 Credit or reimbursement for construction of park and recreation facilities.
A. Upon application by the property owner or his authorized agent, the park facilities provider, the Cordova recreation and park district, may authorize the construction of any park and recreation facilities, or portions thereof, as designated in the Sunrise Douglas community plan development impact fee program in lieu of all, or a portion of, the park improvement development fee required by this chapter and may enter into a credit agreement pursuant to subsections (B), (C) and (D) of this section or may enter into a reimbursement agreement pursuant to subsections (E), (F) and (G) of this section. 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 Sunrise Douglas community plan development impact fee program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be accepted by the park facilities provider, the Cordova recreation and park district or otherwise authorized by said park facilities provider, prior to credit being given and issuance of any of the approvals set forth in RCMC 16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable park improvement development fee, the property owner must pay the difference as set forth in RCMC 16.83.100.
C. 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 applicable Sunrise Douglas community plan CRPD park improvement fund within a reasonable time after the project is accepted by the park facilities provider.
D. If the parks facilities provider and a property owner agree, the property owner may receive a credit against the park improvement development fee in an amount not to exceed the value of property conveyed to the provider as determined by the park facilities provider.
E. Upon application by the property owner or his authorized agent, the park facilities provider, the Cordova recreation and park district, may enter into a reimbursement agreement authorizing the construction of any park facilities, or portions thereof, designated in the Sunrise Douglas community plan development impact 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 applicable Sunrise Douglas community plan CRPD park improvement fund.
F. The amount of reimbursement shall be the estimated cost of the facility as set forth in the Sunrise Douglas community plan development impact fee program in effect at the time the construction contract is awarded for that specific facility.
G. 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. [Ord. 24-2004 § 1].
16.83.175 Programmed cost updates.
A. Upon application by the property owner or his authorized agent, the director may update the Sunrise Douglas community plan development impact fee program to cover a cost overrun for a facility in excess of the current programmed cost.
B. Where any credit or reimbursement agreement is approved by the director for an amount in excess of the programmed cost as set forth in subsection (A) of this section, the total cost paid or credited for the facility shall be reduced by an amount determined as follows:
P x (NF – OF) = Reduction to fee credit/reimbursement amount.
Where:
P = Number of permits issued on developer’s property after the application is approved to process a fee update and prior to the effective date of the new fee.
NF = Amount of new fee adopted by council after fee update.
OF = Amount of old fee in place prior to the fee update. [Ord. 24-2004 § 1].
16.83.180 Credit for construction of off-site water facilities.
A. Upon application by the property owner or his authorized agent, the director may authorize the construction of any off-site water facilities, or portions thereof, as designated in the Sunrise Douglas community plan development impact fee program in lieu of all, or a portion of, the supplemental off-site water 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 Sunrise Douglas community plan development impact fee program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be accepted by the department and the Sacramento County water agency prior to credit being given and issuance of any of the approvals set forth in RCMC 16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable supplemental off-site water development fee, the property owner must pay the difference as set forth in RCMC 16.83.100.
C. 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 Sunrise Douglas community plan supplemental off-site water fund within a reasonable time after the project is accepted by the city and the Sacramento County water agency. [Ord. 24-2004 § 1].
16.83.190 Credit for construction of interim sewer facilities.
A. Upon application by the property owner or his authorized agent, the director may authorize the construction of any interim sewer facilities, or portions thereof, as designated in the Sunrise Douglas community plan development impact fee program in lieu of all, or a portion of, the interim sewer 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 Sunrise Douglas community plan development impact fee program in effect at the time when the credit agreement is approved, including, but not limited to, unit prices, quantities and project descriptions. The construction of any facility authorized by this section must first be accepted by County Sanitation District 1 of Sacramento County (CSD-1) prior to credit being given and issuance of any of the approvals set forth in RCMC 16.83.100.
B. Where the amount of the credit is less than the amount of the otherwise applicable interim sewer development fee, the property owner must pay the difference as set forth in RCMC 16.83.100.
C. 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 Sunrise Douglas community plan interim sewer fund within a reasonable time after the project is accepted by CSD-1. [Ord. 24-2004 § 1].
16.83.200 Annual program fee adjustment.
A. Beginning March 1, 2014, the finance director shall authorize the adjustment of the program fee per development unit for each type of development in each fee category as follows:
1. A “mean” index will be computed by averaging the index for 20 U.S. cities within 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.
2. An adjustment factor shall be computed by dividing the “mean” index as calculated in subsection (A)(1) of this section by the “mean” index for the previous January.
3. The adjusted program fee per development unit shall be calculated by multiplying the adjustment factor, as calculated in subsection (A)(2) of this section, by the program fee per development unit in place prior to the annual adjustment.
4. The estimated cost of the facilities used in the capital improvement program and for calculating credits and reimbursements pursuant to RCMC 16.83.150, 16.83.160, 16.83.170, and 16.83.180 shall be adjusted annually using the same adjustment factor pursuant to subsections (A)(1), (2) and (3) of this section.
B. Beginning January 1, 2015, and thereafter each year no later than January 15th, the finance director shall authorize the adjustment of the program fee per development unit for each type of development in each fee category as follows:
1. A “mean” index will be computed by averaging the index for 20 U.S. cities within the index for San Francisco by resort of the most recent October issue of the Engineering News Record magazine construction cost index.
2. An adjustment factor shall be computed by dividing the “mean” index as calculated in subsection (B)(1) of this section by the “mean” index for the previous October, and if a new program fee has been adopted after October of the previous year, the adjustment factor shall be computed by dividing the “mean” index from the month that the fee was adopted.
3. The adjusted program fee per development unit shall be calculated by multiplying the adjustment factor, as calculated in subsection (B)(2) of this section, by the program fee per development unit in place prior to the annual adjustment.
4. The estimated cost of the facilities used in the capital improvement program and for calculating credits and reimbursements pursuant to RCMC 16.83.150, 16.83.160, 16.83.170, and 16.83.180 shall be adjusted annually using the same adjustment factor pursuant to subsections (B)(1), (2) and (3) of this section. [Ord. 5-2014 § 1; Ord. 4-2012 § 1; Ord. 2-2011 § 1; Ord. 4-2010 § 1; Ord. 6-2009 § 1; Ord. 24-2004 § 1].
16.83.210 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 Sunrise Douglas community plan area or the applicable portions of the Sunrise Douglas community plan. 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 Sunrise Douglas community plan area, but shall be in addition to any other requirements which the city is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the Sunrise Douglas community plan 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 Sacramento County municipal services agency improvement standards; (3) the Quimby Act (Section 66477 et seq. of the Government Code) and implementing ordinances (Chapter 22.40 RCMC); (4) school impact fees (Section 65970 et seq. of the Government Code) and implementing ordinances; and (5) county drainage fees (county water agency Ordinance No. 1). Any credits or repayments pursuant to RCMC 16.83.150 and 16.83.160 shall not include the funding, construction or dedications described in this section.
B. The construction of facilities by a private owner pursuant to RCMC 16.83.150, 16.83.160, 16.83.170, or 16.83.180 shall be performed and contracted for only as required by law, including but not limited to compliance with the department’s and agency’s improvement standards, and requirements for public works, if applicable to the particular facility. [Ord. 24-2004 § 1].