Chapter 16.95
STORM DRAINAGE IMPACT FEE PROGRAM
Sections:
16.95.050 Imposition of storm drainage impact fees.
16.95.060 Payment of storm drainage impact fees.
16.95.070 Establishment of storm drainage impact fees.
16.95.080 Calculation of storm drainage impact fees.
16.95.100 Establishment of costs per acre for land uses within the city of Rancho Cordova.
16.95.110 Credit for construction of trunk storm drainage facilities.
16.95.120 Reimbursement for construction of storm drainage facilities.
16.95.130 Detention basin land.
16.95.140 Annual program fee adjustment.
16.95.150 Compliance with other laws.
16.95.010 Purpose.
A. The city of Rancho Cordova’s General Plan requires that urban expansion areas are provided, within a reasonable period of time, with an adequate level of public facilities, including but not limited to drainage 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 and use of developer dedications, development fees, and other means to pay for an acceptable level of 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 storm drainage facilities, the need for which is directly or indirectly generated by the type and extent of development proposed in the city of Rancho Cordova on which the fees will be imposed.
D. It is further the purpose of this chapter to require that adequate provision is made for developer-financed public facilities within the city of Rancho Cordova as a condition to any rezoning and prior to approval of certain permits within the city. [Ord. 15-2020 § 1 (Att. 2)].
16.95.020 Definitions.
For the purposes of this chapter, the following terms shall be defined as set forth in this section:
“Building permit” means the permit issued or required for residential development, nonresidential development, commercial development, or other development within the city, pursuant to and as further defined by the city of Rancho Cordova building code.
“City” means the city of Rancho Cordova.
“City of Rancho Cordova storm drainage impact fee fund” means the special interest-bearing trust fund established pursuant to RCMC 16.95.030.
“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). For purposes of this chapter, residential dwellings constructed on sites designated CMU or another commercial zone pursuant to the zoning code are considered residential developments rather than commercial developments.
“Community development director” means the community development director of 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 public facility or infrastructure including, without limitation, the costs of land, construction and inspection, engineering, administration, and consulting fees.
“Council” or “city council” means the city council of the City of Rancho Cordova.
“Department” means the city of Rancho Cordova public works department.
“Development impact fee” or “storm drainage development impact fee” or “storm drainage impact fee” means the fee levied by this chapter and due upon the approval of one or more building permits.
“Director” means the director of the Rancho Cordova public works department or his/her designee.
“Facilities” means those public facilities designated in the Rancho Cordova storm drainage development impact fee program.
“Fee resolution” means the resolution and fee schedule adopted by the city council, as may be amended periodically, that establishes the city’s storm drainage impact fee program and approves the amount of the storm drainage impact fees assessed per land use. The fee schedule is attached as Attachment A and the fee resolution is attached as Attachment B, attached to the ordinance codified in this chapter.
“High density residential” includes all residential developments consisting of multifamily housing complexes, including apartments and condominiums that consist of 20.1 to 40.0 units per acre.
“Impervious area” means any area where material such as concrete, asphalt, or other impervious surface has been placed or where grading has occurred which has caused an increase in the surface or storm water runoff from the area.
“Improvement plans” means the site plans of the property proposed for development showing all required improvements that must be approved by the Rancho Cordova public works director prior to the issuance of a building permit for the property.
“Land use category” means low density residential, medium density residential, high density residential, commercial, office, industrial, or other land uses as further defined in the fee resolution.
“Low density residential” includes all residential developments with a density of six units or less per acre.
“Medium density residential” includes all residential developments with a density between 6.1 and 18.0 units per acre.
“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, or improvements thereto. Nonresidential development includes commercial development. 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 parcels zoned BP business and professional office in accordance with the city of Rancho Cordova zoning code or designated commercial or commercial mixed use.
“Program fee per acre” means the development impact fee per acre for a particular land use. Such program fees, identified in the fee resolution, were established using an allocation of storm drainage costs to various land uses based on assumed impervious areas of the land uses as identified in the storm drainage impact fee program nexus study developed for the storm drainage development impact fee program.
“Programmed cost” means the estimated cost of constructing a facility based upon the unit costs for each construction item plus fixed percentages for engineering, permits and construction contingency, as set forth in the city of Rancho Cordova storm drainage impact fee program study, and its public facilities project cost estimates, as periodically updated and adopted by resolution of the city 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 construction of or improvements to buildings or portions of buildings consisting of dwelling units constructed on sites designated commercial mixed use or another commercial zone. Institutional uses or other nonhousing development allowed by special use permits to be constructed on sites zoned for residential use are nonresidential developments for purposes of this chapter.
“Storm drainage impact fee program” or “storm drainage impact fee” means the impact fee program, including any amendments thereto, adopted by resolution by the city council for financing of designated public facilities to serve the city of Rancho Cordova, including, but not limited to, a designation of those facilities to be constructed with the development impact fees collected pursuant to this chapter, the estimated cost of construction of the facilities and the impact fees per acre based on total estimated impervious area within the undeveloped land uses within the city of Rancho Cordova as established in the storm drainage impact fee program nexus study, attached to the ordinance codified in this chapter as Attachment C. [Ord. 15-2020 § 1 (Att. 2)].
16.95.030 Establishment and administration of the city of Rancho Cordova storm drainage impact fee fund.
A. There is hereby created by the department of finance in the city of Rancho Cordova treasury a special interest-bearing trust fund entitled the city of Rancho Cordova storm drainage impact fee fund. All amounts collected from storm drainage impact fees 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 as eligible in the storm drainage development impact fee program nexus study.
B. The storm drainage fund shall be administered by the director. [Ord. 15-2020 § 1 (Att. 2)].
16.95.040 Establishment and administration of the city of Rancho Cordova storm drainage impact fee administration fund.
A. There is hereby created by the department of finance in the city of Rancho Cordova treasury a special interest-bearing trust fund entitled the city of Rancho Cordova storm drainage impact fee administration fund. All administration fees collected 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 city of Rancho Cordova storm drainage impact fee program.
B. Administrative costs are incorporated into the storm drainage development impact fee. The administrative portion of the storm drainage impact fee shall be expended by the city of Rancho Cordova or its successor agency solely to pay the costs associated with administering the storm drainage impact fee program.
C. The storm drainage impact fee administration fund shall be administered by the director. [Ord. 15-2020 § 1 (Att. 2)].
16.95.050 Imposition of storm drainage impact fees.
No change in a land use zoning designation shall be approved within the city of Rancho Cordova unless all required storm drainage impact fees are paid as established by this chapter. No building permit shall be approved for property within the city of Rancho Cordova unless the storm drainage impact fees for that property are paid as required by this chapter. [Ord. 15-2020 § 1 (Att. 2)].
16.95.060 Payment of storm drainage impact fees.
A. The storm drainage impact fees imposed pursuant to this chapter shall be paid by the property owner to the city, in an amount calculated pursuant to RCMC 16.95.080. The fees shall be paid upon issuance of building permits or at the approval of improvement plans by the city, whichever occurs first. For projects that are subject to building permits and don’t require submittal of improvement plans, the fees shall be both calculated and paid upon issuance of the building permits.
B. When development is proposed that impacts storm water runoff and the public works director determines that a subsequent building permit or improvement plan shall not be submitted for the project within 12 months, the director may require all fees and charges be paid at the time of issuance of the grading and erosion control permit.
C. For a phased project, the entire fee for the phase under review and approval by the city shall be paid when (1) the first building permit is issued by the city, or (2) the improvement plan is approved by the city, whichever occurs first. [Ord. 15-2020 § 1 (Att. 2)].
16.95.070 Establishment of storm drainage impact fees.
A. A storm drainage impact fee is hereby established for all new development projects within the current city limits of the city of Rancho Cordova.
B. As new projects are annexed into the city, they will automatically be subject to the requirements of this chapter. [Ord. 15-2022 § 4 (Exh. A); Ord. 15-2020 § 1 (Att. 2)].
16.95.080 Calculation of storm drainage impact fees.
A. For residential development, the storm drainage impact fee shall be determined by calculating the area of the various land uses and applying the appropriate fee per acre for each land use category as identified in the storm drainage impact fee program and fee schedule.
B. For nonresidential development, the storm drainage impact fee shall be determined by calculating the area of the various land uses and applying the appropriate fee per acre for each land use category as identified in the storm drainage impact fee program and fee schedule.
C. For the purpose of calculating the storm drainage impact fee for development projects proposing a use that is not consistent with the parcel’s land use category as defined in the city’s General Plan, the public works director or his/her designee will determine the most appropriate storm drainage impact fee. Said storm drainage impact fee will be determined using the applicable impervious area factors for the proposed use.
D. The storm drainage impact fees shall be paid by the property owner in the amount as calculated pursuant to subsections (A), (B), and (C) of this section and shall be based on the detailed analysis in the storm drainage impact fee program nexus study.
E. For the purpose of calculating storm drainage impact 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 or properties within a special planning area, the public works director or his/her designee is hereby authorized to determine the fee category that corresponds most directly to the proposed use and density.
F. For the purpose of calculating storm drainage impact fees pursuant to subsections (A), (B), and (C) of this section for building permits for land use categories not specifically named in this chapter or storm drainage impact fee program nexus study, the public works director or his/her designee is hereby authorized to determine the fee category that corresponds most directly to the proposed use and density. [Ord. 15-2020 § 1 (Att. 2)].
16.95.100 Establishment of costs per acre for land uses within the city of Rancho Cordova.
A. Fees per acre for various land use categories were established using an allocation of anticipated storm drainage facilities’ costs and estimated impervious area based on land use categories identified in the storm drainage development impact fee program nexus study.
B. For specific land uses not identified in the nexus study and fee table, the impervious areas shall be established per the Sacramento City/County Drainage Manual Volume 2 or equivalent method. The cost per impervious area shall be established per the criteria in the storm drainage impact fee program nexus study and shall be used to calculate the fee per acre. [Ord. 15-2020 § 1 (Att. 2)].
16.95.110 Credit for construction of trunk storm drainage facilities.
Upon request by the property owner or his authorized agent, the public works director may authorize the construction of specific storm drainage facilities, eligible under the storm drainage development impact fee program, in lieu of paying a portion of the storm drainage impact fees required by this chapter. The amount of credits authorized for the construction of drainage facilities shall be computed from the unit base costs included in the storm drainage impact fee program. Credits shall be based on the least expensive permanent facilities installed consistent with the city’s improvement standards and other applicable policies or regulations adopted by the city. The credit shall be based on the actual cost, not to exceed the programmed cost listed in the storm drainage impact fee program credit schedule in effect on the date the fees are paid.
A. Credits are authorized whenever drainage facilities are constructed and meet the following criteria:
1. The facilities are part of the drainage system covered by storm drainage impact fee program;
2. Were designed to serve a watershed area of 30 acres or greater;
3. Were required by the city in connection with development or new construction; and
4. Were constructed pursuant to improvement plans approved by the city.
No credit shall be allowed for facilities that are not permanent facilities.
B. Prior to credits being finalized and/or issuance of any of the approvals set forth in RCMC 16.95.050 (e.g., approvals of building permits, subdivisions or zoning amendments), the construction of any drainage facilities authorized by this section must be accepted by the city.
C. Credits shall be adjusted as necessary at the time the facilities are accepted by the city.
D. Fifteen percent of the fee obligation must be paid in cash, and credits cannot be used. This amount is to be paid to the city to cover administrative costs and construction of any necessary downstream improvements.
E. Where the amount of the allowed credit is less than the amount of the storm drainage impact fee otherwise applicable to the development in question, the property owner must pay the city the difference in accordance with RCMC 16.95.060.
F. Where the amount of the allowed credit is greater than the amount of the storm drainage impact fee, the city will pay the property owner the difference only from the applicable storm drainage impact fee fund within 10 years from the date the reimbursement agreement is submitted, pursuant to RCMC 16.95.120, in accordance with the storm drainage impact fee program nexus study in order of priority when funds are available. The property owner must enter into a credit agreement as well as a reimbursement agreement with the city.
G. The public works director may determine to 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 16.95.120. [Ord. 15-2020 § 1 (Att. 2)].
16.95.120 Reimbursement for construction of storm drainage facilities.
A. Upon application by the property owner, the public works director may enter into a reimbursement agreement authorizing the construction of any storm drainage facilities, or portions thereof, designated in the storm drainage impact fee program. In addition to the requirements of subsection (D) of this section, the agreement shall set forth the amount to be reimbursed, the time and manner in which payments are to be made, and shall state that reimbursement by the city will only be made from the applicable storm drainage impact fee fund when funds are available.
B. By entering into a reimbursement agreement, a property owner is not relieved of the obligation to pay the storm drainage impact fees in the manner and amount specified by this chapter.
C. If the public works director or his/her designee enters into an agreement authorized by subsection (A) of this section, or credit agreement as authorized by RCMC 16.95.110(C), the agreement shall provide that:
1. The general fund of the city is not liable for payment of any obligations arising from the reimbursement agreement;
2. The credit or taxing power of the city is not pledged for the payment of any obligations arising from the reimbursement 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 reimbursement agreement; and
4. The obligation arising from the reimbursement 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 storm drainage impact fees deposited in the applicable storm drainage fund.
D. 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 five years after the drainage facilities are constructed and accepted by the city. 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 five-year limitation. [Ord. 15-2020 § 1 (Att. 2)].
16.95.130 Detention basin land.
A. The city will compensate developers for the appraised value of land for flood control and storm water quality detention basins that are:
1. Part of an approved drainage master plan;
2. Deemed by the director of public works (director) to be hydraulically efficient;
3. Regionally beneficial (serving more than 160 acres);
4. Permanent facilities.
B. The city shall not issue credits or reimbursements for land purchases which:
1. Serve only the needs of a single developer, such as, but not limited to, a detention basin for a storm water pump plant, a basin that mitigates for floodplain reclamation;
2. Is associated with in-fill projects where peak flow attenuation is required to accommodate the limitations of the downstream conveyance pursuant to Section 9-1 of the city’s Improvement Standards.
C. For basin land that is eligible for credits as outlined above, the credit will be based on the appraisal of the unentitled/existing land value on the date of the filing of the first subdivision map or tentative parcel map, that requires the basin pursuant to the approved drainage master plan or conditions placed on the proposed project. The value shall not exceed the cost of land as set forth in the approved development impact fee program credit schedule in effect at the time the land is dedicated. [Ord. 15-2020 § 1 (Att. 2)].
16.95.140 Annual program fee adjustment.
Commencing January 1, 2021, and thereafter each year no later than January 15th, the finance director shall authorize the adjustment of the program fee per acre which shall be adjusted according to the methodology described in the storm drainage impact fee program nexus study.
The estimated cost of the facilities used in the storm drainage impact fee program and for calculating credits and reimbursements pursuant to RCMC 16.95.110 and 16.95.120 shall be adjusted annually using the same adjustment factor (CPI index), as approved by the city’s finance department. [Ord. 15-2020 § 1 (Att. 2)].
16.95.150 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 is expected to be generated by the level and type of development proposed in the city of Rancho Cordova. 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 of Rancho Cordova, but shall be in addition to any other fees, exactions or other requirements that the city is authorized to impose, or has previously imposed, as a condition of approving plans, rezoning or other entitlements within the city of Rancho Cordova 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/or pay other exactions authorized or required by, but not limited to: (1) the city of Rancho Cordova Improvement Standards; (2) the Sacramento County Construction Specifications; (3) the Quimby Act (Section 66477 et seq. of the Government Code) and implementing ordinances (Chapter 22.40 RCMC); and (4) school impact fees (Section 65970 et seq. of the Government Code) and implementing ordinances. Any credits or reimbursements pursuant to RCMC 16.95.110 and 16.95.120 shall not include credits or repayment for the funding, construction or dedications described in this section.
B. The construction of facilities by a private owner pursuant to RCMC 16.95.110 and 16.95.120 shall be performed and contracted for as required by law, including, but not limited to, compliance with the city’s Improvement Standards and requirements of the public works department, if applicable to the particular facility. [Ord. 15-2020 § 1 (Att. 2)].