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A. The city may impose fees consistent with subsequent articles in this chapter.
B. Reduction of fees.
1. Offset: buildings or structures. Except as provided under subsection C, for a change of use of an existing building or structure or for replacement of an existing building or structure, the amount that would otherwise be paid on an existing use will be an offset against the fee for the change in use. An offset that exceeds the fee for the change in use or replacement results in a fee of zero.
2. Fees previously paid. The amount of a paid fee for which the right to a refund is waived as provided for under section 18.56.135.F and for which no refund is provided under section 18.56.140 will be a credit toward the subsequent imposition of that fee on a development project on the same property:
a. The city, in its sole discretion, determines the fee was previously paid, determines the amount of the fee previously paid, and determines the amount not refunded.
b. The applicant is responsible to pay the fee in excess of the credit at the time of the payment of fees under 18.56.135.
c. If the property on which the fee was previously paid is subsequently divided or subdivided in any way, the amount of the credit will be allocated pro rata to the resulting parcels as determined by the city in its sole discretion. Only the amount of a fee allocated to a parcel will be available as a credit to reduce the fees subsequently imposed on a development project on that parcel.
3. Development credits. Any claim for the use of development credits must be made by the time of imposition of the fees under 18.56.135. Any claim not made by that time is deemed waived. Development credits cannot be provided for infrastructure funded by grants.
C. Except as provided in any subsequent article, the following activities are exempt from the fees established under this chapter:
1. Alteration, renovation, or expansion of an existing residential structure if no additional dwelling units are created and the use is not changed.
2. Replacement or repair of a structure or building that is destroyed or damaged within the last three years, provided the new or repaired structure or building is of the same size or less and same use.
3. Alteration or renovation, but not expansion, of a structure or building that is designated under chapter 17.604 as a landmark or contributing resource on the Sacramento Register.
D. Exemptions under subsection C shall be determined by the city manager no later than the time the applicant files the first building permit application necessary for a development project.
E. Date of imposition; notice. The fees described in subsection A, including any reduction pursuant to subsection B, are deemed "imposed" for purposes of the Mitigation Fee Act when the city manager gives the applicant or subdivider a written notice that does both of the following:
1. States the amount of the fees as final; and
2. Explains that the applicant or subdivider may protest the fees in accordance with section 18.56.155. The notice must include the full text of that section.
F. Fees imposed on building permits are the fees in effect as of the date of acceptance of a complete building permit application. Fees imposed on maps are fees in effect as of the date of the submittal of the recordable map (which includes final map, parcel map, master parcel map or first phased final map, or certificate of compliance) as determined by the city manager.
G. Except as otherwise expressly provided, the city shall not issue building permits and shall not record any map described in subsection A unless and until the fees required by this chapter have been paid as required.
H. Except as provided in any subsequent article, the fees required by this chapter apply to the following:
1. A development project that has previously received from the city a tentative map approval or other approval or a permit, whether discretionary or nondiscretionary, when the approval or permit was conditioned upon payment of fees established under this code to implement an applicable finance plan.
2. A development project that is subject to a development agreement or other agreement between the land-owner and city that requires the payment of fees established under this code to implement an applicable finance plan.
I. Except as provided in any subsequent article, the fees and interest income from those fees shall not be used to make inter-fund transfers or loans. (Ord. 2017-0010 § 1)
A. The city manager shall determine and calculate the fees required by this chapter for each development project in accordance with the applicable finance plans or nexus studies.
B. Fees shall be computed based on the primary uses of the development project and the rates specified for those uses by the finance plan or nexus study.
C. Area associated with an ancillary use shall be included in the commercial building area of the primary use. Warehouses may include no more than 25 percent of the building area as an ancillary office use.
D. For projects with multiple primary uses, fees shall be computed by applying the applicable fee rate to the total residential units or total commercial building area for each primary use. (Ord. 2017-0010 § 1)
A. Except as otherwise provided in subsection B or by any written policies, guidelines, or procedures the city council may establish for deferring payment, the fees imposed on a development project must be paid when the first building permit for the project is issued or, for maps, at the earliest of the recording of a parcel map, master parcel map, or final map. If a building permit is not required for the project, then the fees must be paid when an encroachment permit or other applicable permit is issued.
B. In accordance with California Government Code section 66007, when a fee is imposed on a residential development project, the fee must be paid on the date of the final inspection or the date the certificate of occupancy is issued, whichever occurs first, unless subsection C applies.
C. Subsection A, and not subsection B, applies when fees are imposed on a residential development project and either:
1. The city manager determines that the specific infrastructure fund required by this chapter has been established, that funds for the infrastructure have been appropriated, and that the city has adopted a proposed construction schedule or plan for the infrastructure; or
2. The fee is to reimburse the city for expenditures previously made.
D. The city shall collect the fees and deposit them in the appropriate infrastructure fund.
E. If a building permit expires under subsection A of section 15.08.140 because the building or work authorized by the permit is not commenced within 180 days after the date of the permit, then the permit holder is entitled to a refund, subject to the following:
1. The permit holder must submit a written refund application to the city manager within 90 days after the building permit expires; and
2. The amount refunded will not include interest and will not include the administrative component of the fee, which reimburses the city's costs to administer the applicable fee.
F. Failure to timely submit an application for a refund is an absolute and unconditional waiver of any right to a refund. Fees not refunded can be used as credits as provided for in section 18.56.125. (Ord. 2017-0010 § 1)
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