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A. The city council, by resolution or agreement, may establish policies and procedures for issuance of development credits against the park impact fee for park facilities constructed by a landowner, or for reimbursement of the portion of a landowner's cost to construct park facilities that exceeds the landowner's park impact fee obligation if the city has park infrastructure fund revenues available to pay for the reimbursement. The policies and procedures shall be consistent with the following:
1. A landowner may only construct park facilities for development credits or reimbursements with advance approval by a written credit or reimbursement agreement.
2. Development credits or reimbursement shall not be given for facilities that the landowner is otherwise required to construct under any provision of this code.
3. Development credits are transferrable to another landowner for a development project located within two miles from the park site upon approval of the director by issuance of a credit transfer form as specified in the resolution or agreement.
B. After the landowner constructs the park facilities, the director shall determine the development credit or reimbursement amounts, if any, based on the terms of the fee credit or reimbursement agreement. The landowner may appeal the director's decision as set forth in section 18.56.155. (Ord. 2017-0011 § 2)
The following definitions apply in this article:
"TDIF nexus study" means the city council approved nexus study.
"Transportation development impact fee" or "TDIF" means the fee established by section 18.56.320 to finance the design, construction, installation, improvement, and acquisition of the infrastructure identified in the TDIF nexus study.
"Transportation development impact fund" means the infrastructure fund created by section 18.56.330. (Ord. 2017-0012 § 1)
The TDIF is established and imposed pursuant to section 18.56.340. (Ord. 2017-0012 § 1)
A. The transportation development impact fund is established. The city shall deposit all revenues generated by the TDIF and all interest income earned on the fund balance into that fund.
B. The city shall use the transportation development impact fund to:
1. Finance the design, construction, installation, improvement, and acquisition of the infrastructure identified in the TDIF nexus study.
2. Reimburse the city for the costs of administering the TDIF, the transportation development impact fund, and this article. (Ord. 2017-0012 § 1)
A. The TDIF is imposed on building permits for the following types of uses or development located within the city:
1. The construction of new dwelling units, buildings or structures; additions to the commercial building area or increase in the number of residential dwelling units; and change in use of an existing building or structure.
2. The construction of alterations or additions to an existing building or structure that results in the expansion in the size or use of the existing building or structure or that adds one or more dwelling units to the existing building or structure.
3. The change in use of an existing building or structure from a previous nonresidential use to a residential use, from a previous residential use to a nonresidential use, or from one nonresidential use to another nonresidential use, where the change is anticipated to result in a net increase in trip generation based on standard trip generation rates used by the city.
B. Reduction of fees.
1. Except as provided in subsection C, fees will be assessed based on the net impact for a change of use of an existing building or property where the new project changes or replaces the prior established use of an existing building or property. The fee will be calculated by comparing the rates applicable to the new use offset by the rates for the prior use as designated in the fee schedule.
2. The city council may, by resolution, adopt reduced fee amounts in areas subject to specific area finance district fees where those districts include funding toward infrastructure identified in the TDIF nexus study.
3. The TDIF will be reduced by at least 25% from its base level for development located within one-half mile of an existing or planned light rail transit station or that meets the criteria set forth in California Government Code section 66005.1. The city council may, by resolution, adopt a greater reduction or expand the geographic area for reduced fees to minimize economic impacts in specific areas.
4. The city council may, by resolution, adopt reduced fee rates to minimize economic impacts on small businesses.
C. Exemptions. In addition to those activities listed in section 18.56.125.C, the following are exempted from payment of the TDIF:
1. Low and very low income housing as defined in California Health and Safety Code sections 50079.5 or 50105.
2. Facilities owned or operated by a governmental agency or non-profit organization to provide temporary shelter or transitional housing to serve homeless persons.
3. Temporary facilities (e.g., construction trailers), for a period not to exceed three years.
4. Development in the Delta Shores Area as provided for in the Cost Sharing Agreement: I-5 Interchange & Cosumnes River Boulevard Extension (C2012-0059).
5. Development in the North Natomas Community Plan area subject to an agreement under California Government Code section 65865 and approved before July 1, 2017.
6. Secondary dwelling units as defined in section 17.108.050. (Ord. 2017-0012 § 1)
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