Chapter 3.130
FOLSOM PLAN AREA SPECIFIC PLAN INFRASTRUCTURE FEE

Sections:

3.130.010    Definitions.

3.130.020    Purpose and findings.

3.130.030    Specific plan infrastructure fee—Adoption, adjustment and payment.

3.130.040    Folsom plan area and owner subareas.

3.130.050    Establishment and administration of the specific plan infrastructure fund.

3.130.060    Fee reimbursement agreements—Conversion to fee credits.

3.130.070    Fee challenges.

3.130.080    Use and disbursement of fee revenues.

3.130.090    Limitations on repeal.

3.130.010 Definitions.

The following words are defined for purposes of this chapter as follows:

A.    “Administration” means the administration of the specific plan infrastructure fund established under this chapter by the city and/or its consultants in accordance with the study and this chapter.

B.    “Administration fee component” means the component of the SPIF fee to fund the cost of administration of the SPIF fee.

C.    “Administrator” means the city of Folsom finance director or his/her designee, including any consultant employed or retained by the city for organizing, monitoring and administering the SPIF fee.

D.    “Alternative Community Park West site” means the approximately 47.8-acre park site identified as the alternative Community Park West site in the specific plan.

E.    “Auditor” means the independent auditor retained by the city of Folsom for purposes of conducting audits called for in this chapter.

F.    “Building permit” means the permit issued or required by the city for the construction of any structure pursuant to and as defined by the building code.

G.    “City” means the city of Folsom.

H.    “Community parkland” means the Community Park West site or the alternative Community Park West site, whichever site is required to be dedicated to the city for a community park in accordance with the specific plan. Community parkland does not include parkland dedications for neighborhood parks or for the community park designated as Community Park East in the specific plan.

I.    “Community Park West site” means the approximately 47.8-acre park site identified as the Community Park West site in the specific plan.

J.    “Constructing owner” means a landowner within the Folsom plan area who elects to construct or cause to be constructed any improvements.

K.    “Constructing owner’s property” means the property within the Folsom plan area within which any fee credits converted from fee reimbursements may be applied against the infrastructure fee component of the SPIF fee, as such property for each constructing owner is described and delineated in the applicable fee reimbursement agreement.

L.    “Exempt public facilities” means buildings or other improvements owned or to be owned by the city of Folsom, county of Sacramento, school district, or other public entity.

M.    “Fee credits” means the credits against the infrastructure fee component that become available from a constructing owner’s conversion of available fee reimbursements to such fee credits, in accordance with the fee reimbursement agreement related thereto.

N.    “Fee reimbursement agreement” means an agreement between a constructing owner and the city to provide fee reimbursements, to be funded solely by the SPIF fee, in exchange for the design and construction of improvements by the constructing owner.

O.    “Fee reimbursement” means a reimbursement to be paid to a constructing owner from the infrastructure fee component for financing the design and construction of improvements pursuant to a fee reimbursement agreement.

P.    “Finance director” means the finance director of the city of Folsom or his/her designee.

Q.    “Folsom owner subarea map” means the map of the Folsom plan area included in the study that divides the Folsom plan area into separate owner subareas.

R.    “Folsom plan area” means the property within the city of Folsom located south of Highway 50 within the approved specific plan.

S.    “FPA development agreements” means the first amended and restated Tier 1 development agreements entered into between the city and the participating landowners (as defined therein) for properties included within the Folsom plan area and recorded against such properties on or about July 15, 2014, as such FPA development agreements may be amended from time to time.

T.    “General plan” means the general plan of the city, as amended by the city from time to time.

U.    “Improvements” means those public improvements or infrastructure shown and included in the study to be financed by the infrastructure fee component.

V.    “Infrastructure fee component” means the component of the SPIF fee to fund the costs of the improvements.

W.    “Mitigation Fee Act” means Section 66000 et seq. of the California Government Code.

X.    “Owner subareas” means the portions of the Folsom plan area designated by subarea on the Folsom owner subarea map, each of which will be responsible for the SPIF fee allocated to such owner subarea in accordance with the study.

Y.    “Parks and recreation director” means the parks and recreation director of the city of Folsom or his/her designee.

Z.    “Parkland fee component” means the component of the SPIF fee to equalize the burden between residential land uses of the community parkland dedication amongst property owners in the Folsom plan area that underdedicate their share of parkland as provided in the study.

AA.    “Participating landowner” means an owner of property within the Folsom plan area whose property is subject to an FPA development agreement.

BB.    “Public facility lands” means those lands identified in the study within the Folsom plan area for dedication to the city for police substation, fire station, water and sewer improvements, municipal services and library uses, which dedications are included for financing in the study. Public facility lands do not include lands planned to be dedicated within the Folsom plan area for interchange improvements or parkland, which are addressed separately.

CC.    “Public facilities financing plan” or “PFFP” means the public facilities financing plan for the Folsom plan area adopted by the city council on January 28, 2014, in Resolution No. 9298.

DD.    “Public lands fee component” means the component of the SPIF fee to equalize the burden between land uses of the public facility land dedications amongst property owners in the Folsom plan area that underdedicate their share of public facility lands as provided in the study.

EE.    “Shortfall payment” means the additional payment required to be paid by development that occurs at less than its targeted land use density, as determined and calculated in accordance with the study.

FF.    “Small-lot final map” means a final subdivision map recorded in accordance with the Subdivision Map Act that creates lots upon which building permits may be issued for the construction of single-family homes.

GG.    “Specific plan” means the Folsom plan area specific plan approved by the city council on June 28, 2011, in Resolution No. 8863, including amendments thereto approved prior to July 1, 2016.

HH.    “Specific plan infrastructure fund” or “fund” means that special revenue fund established under this chapter consisting solely from payments of the SPIF fee, including the subaccounts thereof dedicated to fund the costs of administration, community parkland, and improvements.

II.    “SPIF fee” means the fee established by this chapter consistent with the FPA development agreements, the public facilities financing plan and the study adopted by the city council relating to the SPIF fee.

JJ.    “SPIF set-aside component” means the component of the infrastructure fee component to be collected from the first two thousand five hundred residential building permits within the Folsom plan area to fund certain initial water and sewer improvements, and the component of the infrastructure fee to be collected from residential and commercial developments in the Folsom plan area to pay to the city for certain off-site roadway improvements, as determined in accordance with the study and as updated and adjusted annually.

KK.    “Study” means the “Folsom Specific Plan Infrastructure Fee Program Nexus Study” dated August 28, 2015, and to be approved by the city council, as may be updated from time to time by the city to support adjustments to the SPIF fee, including the reallocation adjustment based on approved amendments to the specific plan through July 1, 2016, as provided by the study. The study and any fee adjustment(s) and/or update(s) are and shall be maintained on file in the office of the city clerk. (Ord. 1293 § 2, 2019; Ord. 1235 § 1 (part), 2015)

3.130.020 Purpose and findings.

The city council finds and declares that the purpose of this chapter is as follows:

A.    The purpose of this chapter is to establish and impose a specific plan infrastructure fee (SPIF fee) on new development within the Folsom plan area that equitably spreads the burden of public improvements and facilities and distributes the cost of public lands and community parkland to development projects within the Folsom plan area. The SPIF fee is to be imposed consistent with the FPA development agreements and the PFFP covering all properties in the Folsom plan area.

B.    The general plan of the city and voter-approved Measure W requires that new developments within the city’s Folsom plan area provide, in a time frame related to its development, an adequate level of public infrastructure in order to maintain adequate levels of public services and not adversely impact other areas of the city.

C.    Development within the Folsom plan area creates a need for additional public improvements and public facility land dedications to serve the Folsom plan area. Such burdens vary by the type of land use. Such burdens should be shared equitably by development within the Folsom plan area.

D.    Analysis of the approved land uses within the specific plan for the Folsom plan area makes it possible to estimate the burden or need for various public improvements and facilities generated by different types of land uses. Analysis of the land use expected at buildout within the specific plan makes it possible to estimate the type and amount of improvements, public facility lands and community parkland necessary to support that additional land use.

E.    This chapter is intended to create and impose a fee on new development within the Folsom plan area, which equitably spreads the costs of the improvements, public facility lands and community parkland dedications to the development within the Folsom plan area which creates the need for such required improvements and land dedications, without using development impact fees from developments outside the Folsom plan area or burdening or generating any surplus to the general fund.

F.    The city and the landowners in the Folsom plan area entered into certain FPA development agreements which required the city to adopt, and the landowners to support, the SPIF fee called for in this chapter. The city adopted a PFFP which provided for certain reimbursements for advanced infrastructure and other costs. This chapter is intended to satisfy the city’s obligations in the FPA development agreements and the PFFP.

G.    The city has caused the preparation of the “Folsom Specific Plan Infrastructure Fee Program Nexus Study” dated August 28, 2015, which will be reviewed and approved by the city council at the time the city council acts on a resolution to set the amount of the SPIF fee.

H.    The SPIF fee established by this chapter shall be calculated in the manner set forth in the study so as to pay for those required improvements and public facility lands and community parkland dedications listed and identified in the study and equitably allocate the costs and burdens thereof throughout the areas approved for development within the Folsom plan area.

I.    The failure to impose the provisions set forth in this chapter relating to payment of the SPIF fee on issuance of building permits or recordation of final small-lot subdivision maps, as and when warranted, would jeopardize the purpose of the fund to equitably spread the costs and burdens of providing the required public improvements, public facility lands and community parkland throughout the Folsom plan area, which will promote development of the Folsom plan area as planned to the benefit of the future residents of the Folsom plan area.

J.    The requirement of this chapter to pay the SPIF fee for new development within the Folsom plan area is necessary in order to assure compliance with the applicable zoning ordinance and general plan requirements for the installation of the improvements and dedication of public facility lands and community parkland funded by this chapter. (Ord. 1235 § 1 (part), 2015)

3.130.030 Specific plan infrastructure fee—Adoption, adjustment and payment.

A.    A SPIF fee is hereby established for the purposes articulated in this chapter and consistent with the PFFP and the study to be adopted by the city council. The initial amount of the SPIF fee shall be set by resolution of the city council following a public hearing and consistent with the Mitigation Fee Act, the FPA development agreements, the PFFP and the study.

B.    The amount of the SPIF fee payable by each owner subarea shall be adjusted annually as set forth herein.

C.    Calculation of the SPIF fee shall be determined in accordance with the study and this chapter. As more particularly detailed in the study, the amount of the SPIF fee for each owner subarea is calculated based upon (1) the location of development within the Folsom plan area, (2) the type of development, (3) the amount of parkland and public facility lands to be dedicated within the owner subarea, and (4) the extent of development within such owner subarea, including the extent, if any, by which such development is occurring at less than its target density that may require an additional shortfall payment in accordance with the study. The finance director may develop policies and procedures for the calculation and administration of the SPIF fee consistent with this chapter, the FPA development agreements, the PFFP and the study. Future studies may identify additional methods of calculation for the SPIF fee consistent with the Mitigation Fee Act, the FPA development agreements and the PFFP.

D.    Portions of the Folsom plan area zoned for exempt public facilities are exempt from the SPIF fee unless and until such zoning is changed to private use. Once the SPIF fee is paid with respect to a residential development, the SPIF fee shall not thereafter be required to be paid in connection with the issuance of any building permit to remodel, reconstruct or expand any residential structure within such development that does not increase the number of dwelling units for such development upon which the SPIF fee was based. Once the SPIF fee is paid with respect to a nonresidential development, the SPIF fee shall not thereafter be required to be paid in connection with the issuance of any building permit to remodel, reconstruct or install tenant improvements within such development that does not increase the amount of square footage for such development upon which the SPIF fee was based.

E.    The SPIF fee shall be comprised of the following components:

1.    Infrastructure Fee Component.

a.    The infrastructure fee component of the SPIF fee is to equitably spread the cost burden of improvements to roadway facilities, sanitary sewer facilities, potable water facilities, recycled water facilities, storm drainage facilities, habitat mitigation and other costs in the Folsom plan area as provided for in the PFFP among the landowners in the Folsom plan area, as provided in the study.

b.    The infrastructure fee component of the SPIF fee shall be paid at or prior to the issuance of any building permit within the specific plan. If a fee reimbursement is due pursuant to a fee reimbursement agreement when a landowner seeks to record a small-lot final map for single-family development in the Folsom plan area, the infrastructure fee component imposed shall be paid at or prior to the recordation of such small-lot final map, in accordance with the study.

c.    Notwithstanding any provision to the contrary: (i) the SPIF set-aside component of the SPIF fee for the purpose of funding certain initial water and sewer improvements shall be collected from the first two thousand five hundred residential building permits within the Folsom plan area (or on account of any of the first two thousand five hundred residential building permits within the Folsom plan area paid in connection with either final small-lot maps or prior to issuance of a building permit) and deposited into the SPIF set-aside component of the fund for the sole purpose of funding certain initial water and sewer improvements; and (ii) the SPIF set-aside component of the SPIF fee for the purpose of funding certain off-site roadway improvements shall be collected from residential and commercial developments in the Folsom plan area at the time of issuance of a building permit and paid to the city, as determined in accordance with the study and as updated and adjusted annually.

2.    Parkland Fee Component.

a.    The parkland fee component of the SPIF fee is to equitably spread the cost burden of providing the necessary and required parklands in the Folsom plan area among the participating landowners in the Folsom plan area, consistent with Section 4.2.2.1 of the FPA development agreements.

b.    As described in the study, the parkland fee component of the SPIF fee imposed pursuant to this chapter as to each owner subarea shall be calculated as follows: (i) the parks and recreation director shall determine the owner subarea’s fair share of parkland dedication for the Folsom plan area as part of each small-lot tentative map approval within such subarea pursuant to the study (the “parkland requirement”); (ii) the amount of parkland included in the small lot tentative map shall be credited against this parkland requirement (the “parkland fee credit”) and, to the extent any additional parkland requirement remains, the value of the additional required dedication shall be determined pursuant to subsection F of this section based on the three-year rolling average of appraised value for such parkland dedications (the “parkland equalization fee”); and (iii) after all parkland fee credits have been applied to the area covered by the small lot tentative map, the parkland equalization fee shall thereafter be paid for each small lot final map as each map exceeds the parkland dedication credit, prior to the recordation of such small lot final subdivision map. With respect to the participating landowner whose property includes the Community Park West site, the provisions of this subsection shall be subject to Section 2.2.3.2 of the FPA development agreement between the city and such participating landowner.

3.    Public Lands Fee Component.

a.    The public lands fee component of the SPIF fee is to equitably spread the cost burden of providing the necessary and required public facility lands in the Folsom plan area among the participating landowners in the Folsom plan area.

b.    As described in the study, the public lands fee component of the SPIF fee imposed pursuant to this chapter as to each owner subarea shall be calculated as follows: (i) the finance director shall determine the owner subarea’s fair share of public facility lands dedication for the Folsom plan area as part of each small lot tentative map approval within such subarea pursuant to the study (the “public lands requirement”); (ii) the amount of public facility lands included in the small lot tentative map shall be credited against this public lands requirement (the “public lands fee credit”) and, to the extent any additional public lands requirement remains, the value of the additional required dedication shall be determined pursuant to subsection F of this section based on the three-year rolling average of appraised value for such public facility lands dedications (the “public lands fee”); and (iii) after all public lands fee credits have been applied to the area covered by the small lot tentative map, the public lands fee shall thereafter be paid for each small lot final map as each map exceeds the parkland dedication credit, prior to the recordation of such small lot final subdivision map.

4.    Administration Fee Component.

a.    The administration fee component of the SPIF fee is to equitably spread the cost burden of administering the SPIF fee program among the landowners in the Folsom plan area.

b.    The administration fee component shall be paid at the same time as either the infrastructure fee component and/or the parkland and public lands fee components are due, whether or not fee credits applicable thereto reduce the amount of such other SPIF fee components to zero.

F.    The SPIF shall be adjusted annually by the administrator, subject to approval of the finance director, on or about July 1st, as provided in this subsection.

1.    As provided in the study and in this chapter, the equitable allocations of the costs and burdens by the SPIF fee throughout the Folsom plan area shall be updated on or after July 1, 2016, based on any and all amendments to the land uses approved for development within the specific plan before July 1, 2016. This adjustment shall also include any necessary cost adjustments to the SPIF fee components consistent with the methodology below. Thereafter, the allocation of costs and burdens throughout the owner subareas area approved for development shall not be subject to change as a result of any specific plan amendments affecting the land uses approved thereunder for development.

2.    Adjustments to the portion of the SPIF fee related to the infrastructure fee component shall include percentage changes based on general changes in construction costs over the prior year and/or based on actual cost experiences and/or revised cost estimates for the improvements, as determined by the finance director. The finance director’s determination of general changes in annual construction costs may be based upon averaging the Construction Cost Index (CCI) for twenty cities and for San Francisco, as published in the Engineering News Record publication for the preceding twelve months ending in December of the prior calendar year.

3.    The land value to be used for establishing the parkland fee component and the public lands fee component shall be initially established in accordance with the study methodology for such valuation at the time of the first dedication of any parkland or public facility lands. Until such first dedication occurs, the SPIF fee to be adopted by council resolution shall include placeholders for the parkland fee and public lands fee components. Thereafter, adjustments to the parkland fee and public lands fee components shall be based on a three-year rolling average of appraised value for such parkland and public land dedications, based on either updates to prior appraisals and/or new appraisals as deemed appropriate by the city at the time of such annual adjustment, in accordance with the study methodology for such land valuations. The resultant fee shall be rounded to the nearest dollar figure.

4.    Adjustments to the administrative fee component shall be made as determined by the administrator, subject to approval of the finance director, in order to provide continued and ongoing administration of the fund.

5.    Except as provided in subsection (F)(6) of this section, all costs associated with the SPIF fee adjustment shall be paid out of the administrative fee component.

6.    The city or any participating landowner as defined in the FPA development agreements may request a review and adjustment of the SPIF fee or any component thereof as provided in Section 4.2.2 of said agreement. Any participating owner requesting review and adjustment of such SPIF fee or a component thereof, other than a request to the city to perform the annual adjustment as provided above, is responsible for the costs, including but not limited to appraisal costs and staff time associated with review and adjustment of any SPIF fee, and such costs shall be paid to the city prior to commencement of the work.

G.    The SPIF fee established by this chapter is in addition to any other fees or charges required by law as a condition of development in the Folsom plan area.

H.    Any challenge to the SPIF fee shall be made in strict conformance with provisions of Section 3.130.070. (Ord. 1293 § 3, 2019; Ord. 1235 § 1 (part), 2015)

3.130.040 Folsom plan area and owner subareas.

A.    The boundaries of the Folsom plan area and the owner subareas thereof responsible for payment of the SPIF fee are established as shown on that certain map entitled “Folsom Specific Plan Owner Subarea Map,” which is included in the study. Adjustments to the boundaries of the owner subareas may be approved by the finance director consistent with the FPA development agreements.

B.    To maintain the revenues anticipated to be generated by the SPIF fee, except as provided in connection with any density transfers or as may otherwise be provided by the study, after July 1, 2016, development of an owner subarea at less than its target density shall require payment of an additional shortfall payment, as determined by the administrator and approved by the finance director in accordance with the study. (Ord. 1235 § 1 (part), 2015)

3.130.050 Establishment and administration of the specific plan infrastructure fund.

A.    A specific plan infrastructure fund shall be established by the finance director with four separate sub-accounts thereof to fund the (1) administration fee component, (2) infrastructure fee component, which shall include a separate set-aside fee component subaccount, (3) parkland fee component, and (4) public lands fee component. All SPIF fees collected pursuant to this chapter shall be accounted for in the appropriate subaccounts of the fund and expended solely to finance administration, infrastructure, community parkland, and public lands, as applicable.

B.    The fund shall be audited annually by an auditor at the direction of the finance director. The audit shall include an annual accounting of the SPIF fee program, including an accounting of SPIF fees collected, disbursements paid to constructing owners and to dedicating participating landowners, and fee credits and reimbursements outstanding and pending, including the calendar-year priorities associated with such fee reimbursement.

C.    The administrator shall administer the fund consistent with this chapter, the FPA development agreements, the PFFP and the study.

D.    The fund shall bear interest at the rates available for city funds of this or similar type. Investment policies are made consistent with the city’s investment decisions, in the sole discretion of the city, and no return is guaranteed. Interest earned from moneys in the fund shall be allocated to the fund. (Ord. 1235 § 1 (part), 2015)

3.130.060 Fee reimbursement agreements—Conversion to fee credits.

A.    The fee reimbursement agreement is intended to reimburse constructing owners who construct improvements that are included for financing in the infrastructure fee component of the SPIF fee and to reimburse participating landowners who dedicate the community parkland and public facility lands.

B.    A fee reimbursement agreement, in a form acceptable to the city attorney, shall be entered into: (1) between the city and each constructing owner in connection with the constructing owner’s construction of any improvements, and/or (2) between the city and each participating landowner in connection with the participating landowner’s dedication of the public facility lands and/or community parkland.

C.    The fee reimbursement agreements for the construction of improvements will include provisions for bonding, completion and acceptance of the improvements, warranties, priority for reimbursement based on relative calendar year priority of the fee reimbursement agreement consistent with the study, provisions to allow fee reimbursements to be converted to credits that can be applied against the infrastructure fee component of the SPIF fee within a constructing owner’s property within the Folsom plan area, and other provisions relating to reimbursement and administration of the program.

D.    Fee credits related to improvements or the dedication of public facility lands may be used against either the infrastructure fee component and/or the public lands fee component, but may not be applied against the parkland fee component or the administrative fee component. Furthermore, with respect to the first two thousand five hundred residential building permits, fee credits may not be applied against the SPIF set-aside component of the infrastructure fee component unless such fee credits relate to the constructing owner’s construction of eligible Phase 1 sewer or Phase 1 and Phase 2 water infrastructure, as those terms are defined in the study.

E.    Since the SPIF fee is for the benefit of the participating landowners in the Folsom plan area, pursuant to Section 4.2.2 of the FPA development agreements, the participating landowners shall protect, defend, indemnify and hold harmless the city and its officers, agents and employees from any and all claims and/or causes of action for any loss or damage relating to the SPIF reimbursement. (Ord. 1235 § 1 (part), 2015)

3.130.070 Fee challenges.

A.    The SPIF fee adopted pursuant to this chapter or any adjustment to such SPIF fee may be challenged only in full accordance with the requirements of this section.

B.    Only an owner or entity subject to the SPIF fee may challenge the SPIF fee. The SPIF fee established by the city council, or any adjustment thereto, must be challenged within twenty calendar days of the adoption or adjustment of the SPIF fee by city council resolution or within twenty calendar days of delivery of written notice to all participating landowners under the FPA development agreements of the adjustment of the SPIF fee by the finance director. Failure to challenge the SPIF fee in a timely manner constitutes a waiver of the right to challenge the SPIF fee or adjustment.

C.    The sole basis for a challenge to the SPIF fee, or any component therein, established under this chapter shall be the city’s failure to comply with the Mitigation Fee Act, the PFFP, the FPA development agreements or the study, or an alleged error in the calculation of the SPIF fee consistent with the study.

D.    The application to challenge the SPIF fee shall be made in writing and filed with the administrator. The application shall state in detail the factual basis for the claim of reduction or adjustment and the amount of the proposed reduction or adjustment. The administrator shall consider the application and render his or her decision in writing not later than forty-five calendar days after the filing of the fee adjustment request. Any person aggrieved by the decision of the administrator may, within twenty calendar days thereafter, appeal the decision in writing to the city council by filing an appeal with the city clerk. The administrator’s decision shall be final if no appeal is filed within the aforementioned time limit. The city council shall consider such appeals within forty-five calendar days after filing. The decision of the city council shall be final. No building permit shall be considered final or complete for purposes of the Permit Streamlining Act (Government Code Section 65920 et seq.), or any other purpose, until a final decision pursuant to this section has been made.

E.    Notwithstanding the provisions of subsection D of this section, a project proponent or applicant who has filed a timely application to challenge a SPIF fee or adjustment may pay the SPIF fee “under protest” and receive a building permit or approval to record a small-lot final map. If a reduction or adjustment is approved after payment pursuant to this subsection is made, a refund to the applicant shall be made of that amount by which the fee is reduced or adjusted.

F.    In the event of a challenge to the SPIF fee or an adjustment thereof, the city shall have the burden of proof, by a preponderance of the evidence, that the calculation of the SPIF fee is correct and consistent with the study, the Mitigation Fee Act, the FPA development agreements and this chapter.

G.    In the event of any reduction or adjustment in the SPIF fee granted pursuant to this section, any later change in the use, zoning, or land use designation for the property involved shall subject the then-owner to payment of the then-applicable fee for new uses, zoning, or land use designation. (Ord. 1235 § 1 (part), 2015)

3.130.080 Use and disbursement of fee revenues.

A.    The administrative component of the SPIF fee shall be first priority with respect to distribution of any fees in the fund. Thereafter, when available for disbursement or use, moneys in the infrastructure fee component subaccount of the fund shall first be used and/or reserved to reimburse any outstanding fee reimbursements under any fee reimbursement agreements in accordance with the terms thereof and the reimbursement priorities established thereby, and then to fund the design and construction of any remaining improvements. When available for disbursement, moneys in the parkland fee component and public lands fee component subaccounts of the fund shall be used and/or reserved to finance the dedications of the community parkland and public facility lands, as applicable, in accordance with the terms of the fee reimbursement agreement related thereto. When available for disbursement or use, moneys in the administration fee component subaccount of the fund shall be used to finance the administration of the SPIF fee program.

B.    In the event funds in the administration fee component subaccount of the fund shall become insufficient to pay the ongoing administration of the fee, the administrator or finance director may borrow funds from the infrastructure fee component subaccount of the fund to the administration fee component subaccount in order to permit continued and uninterrupted administration of the fee, and the administrative fee component shall be adjusted at the following annual adjustment to provide the funds required to repay this loan back to the infrastructure fee component subaccount of the fund.

C.    As provided for in Section 4.4 of the FPA development agreements, in no case shall the city in any manner be subject to any liability for failing to collect any SPIF fee other than paying to the constructing owner or dedicating participating landowner, as applicable, any SPIF fee collected in accordance with this chapter, and in no case shall any payment or repayment of the SPIF fee be an obligation of the city beyond payment of moneys received, less costs of administration. The city shall have no obligation to pay any SPIF fee or make any payment or reimbursement for the SPIF fee except to the extent that such fee has been collected from development of the Folsom plan area. (Ord. 1235 § 1 (part), 2015)

3.130.090 Limitations on repeal.

The SPIF fee is enacted pursuant to FPA development agreements. Accordingly, during the time any of such FPA development agreements remain in effect, the SPIF fee may not be repealed except as provided in the FPA development agreement. (Ord. 1235 § 1 (part), 2015)