Chapter 15.32
ESTABLISHMENT OF MITIGATION FEES FOR THE SOUTH SACRAMENTO HABITAT CONSERVATION PLAN

Sections:

15.32.010    Purpose and intent.

15.32.020    Administrative responsibility.

15.32.030    Definitions.

15.32.040    SSHCP mitigation fee.

15.32.050    Imposition of the SSHCP mitigation fee.

15.32.060    Payment of the SSHCP mitigation fee.

15.32.070    Refunds.

15.32.080    Accounting and disbursement of collected SSHCP mitigation fees.

15.32.090    Exemptions.

15.32.100    Land dedication in lieu of development fees.

15.32.010 Purpose and intent.

A.    The purpose of the development fee is to cover the mitigation costs associated with new development in the South Sacramento Habitat Conservation Plan area.

B.    Collectively, the development fees will provide the funding required to implement the SSHCP and, as a result, justify and maintain the incidental take permits for new private and public development in the plan area under the Federal Endangered Species Act to ensure that adequate funding for the plan will be provided.

C.    The purpose of this chapter is to implement the SSHCP 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 mitigate the impacts to the City’s and the region’s natural ecosystems, the need for which is directly or indirectly generated by the type and extent of development proposed in the City of Galt on which the fees will be imposed.

(Ord. 2018-06, Added, 11/06/2018)

15.32.020 Administrative responsibility.

The South Sacramento Conservation Agency (SSCA) is hereby appointed as the Administrator of this chapter. SSCA is hereby authorized to receive all fees generated from the SSHCP mitigation fee within the City, and to invest, account for and expend such fees in accordance with the provisions of this chapter and the Mitigation Fee Act.

(Ord. 2018-06, Added, 11/06/2018)

15.32.030 Definitions.

As used in this chapter, the following terms shall have the following meanings:

“Accessory dwelling units” according to the state of California legal definition as following: (1) the second unit is not intended for sale and may be rented; (2) the lot is zoned for single-family dwellings; (3) the lot contains an existing single-family dwelling; (4) the second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling; and (5) are ministerially amended by each jurisdiction’s local codes.

“City” means the City of Galt.

“City Council” means the City Council of the City of Galt.

“Development” means a human-created change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavating, and drilling.

“Development project” or “project” means any project undertaken for the purpose of development pursuant to the issuance of a building permit by the county pursuant to all applicable ordinances, regulations, and rules of the county and state law.

“Ordinance” means this chapter of the City of Galt.

“Revenue” or “revenues” means any funds received by the City pursuant to the provisions of this chapter for the purpose of defraying all or a portion of the cost of acquiring and preserving vegetation communities and natural areas within the City and the region which are known to support threatened, endangered or key sensitive populations of plant and wildlife species.

“South Sacramento Conservation Agency” or “SSCA” means the governing body established pursuant to the SSHCP that is delegated the authority to oversee and implement the provisions of the SSHCP.

“South Sacramento Habitat Conservation Plan” or “SSHCP” means the South Sacramento Habitat Conservation Plan, adopted by the City of Galt on October 16, 2018.

“SSHCP mitigation fee” or “fee” means the development impact fee imposed pursuant to the provisions of this chapter.

Any capitalized term not otherwise defined herein shall carry the same meaning and definition as that term is used and defined in the SSHCP.

(Ord. 2018-06, Added, 11/06/2018)

15.32.040 SSHCP mitigation fee.

A.    Adoption of SSHCP Mitigation Fee Schedule. The City Council shall adopt an applicable SSHCP mitigation fee schedule through a separate resolution, which may be amended from time to time.

B.    Periodic Fee Adjustment. The fee schedule may be periodically reviewed and the amounts adjusted by the SSCA governing board. By amendment to the resolution referenced in subsection A of this section, the fees may be increased or decreased to reflect the changes in actual and estimated costs of the SSHCP including, but not limited to, debt service, lease payments and acquisition costs. The adjustment of the fees may also reflect changes in the facilities required to be acquired, in estimated revenues received pursuant to this chapter, as well as the availability or lack thereof of other funds with which to implement the SSHCP.

C.    Authority. SSCA shall have final determination regarding the appropriate methodology to calculate the fee based on the information provided.

(Ord. 2018-06, Added, 11/06/2018)

15.32.050 Imposition of the SSHCP mitigation fee.

Notwithstanding any other provision of the Galt Municipal Code, no permit shall be issued for any development project unless the SSHCP mitigation fee applicable to such development project has been paid.

(Ord. 2018-06, Added, 11/06/2018)

15.32.060 Payment of the SSHCP mitigation fee.

A.    The SSHCP mitigation fee shall be paid in full in accordance with applicable law.

B.    The SSHCP mitigation fee shall be assessed one (1) time per lot or parcel, except when additional construction or improvement on the lot or parcel results in the disturbance of additional area.

C.    The SSHCP mitigation fee required to be paid under this chapter shall be the fee in effect at the time the permit is issued for which the SSHCP mitigation fee is assessed.

D.    Notwithstanding anything in the Galt Municipal Code, or any other written documentation to the contrary, the SSHCP mitigation fee shall be paid whether or not the development project is subject to conditions of approval by the City imposing the requirement to pay the fee.

E.    If all or part of the development project is sold prior to payment of the SSHCP mitigation fee, the project shall continue to be subject to the requirement to pay the fee as provided herein.

(Ord. 2018-06, Added, 11/06/2018)

15.32.070 Refunds.

There shall be no refund of all or part of any SSHCP mitigation fee paid under this chapter except in cases of miscalculation of the applicable fee. Only in cases of miscalculation of the fee will the person or entity that paid the SSHCP mitigation fee be entitled to a refund; provided, however, that the deadlines set forth in Government Code Section 66020(d) shall apply to any and all requests for refunds.

(Ord. 2018-06, Added, 11/06/2018)

15.32.080 Accounting and disbursement of collected SSHCP mitigation fees.

A.    All fees paid pursuant to this chapter shall be deposited, invested, accounted for, and expended in accordance with Government Code Section 66006 and all other applicable provisions of law.

B.    Subject to the provisions of this section, all fees collected pursuant to this chapter shall be remitted to the South Sacramento Conservation Agency at least quarterly.

(Ord. 2018-06, Added, 11/06/2018)

15.32.090 Exemptions.

The following types of construction shall be exempt from the provisions of this chapter:

A.    Reconstruction or improvements that are damaged or destroyed by fire or other natural causes; provided, that the reconstruction or improvements do not result in additional usable square footage.

B.    Rehabilitation or remodeling to an existing development project; provided, that the rehabilitation or remodeling does not result in additional usable square footage.

C.    Accessory dwelling units, constructed on developed residential property and meeting all state and county requirements for such units.

D.    Existing improvements that are converted from an existing permitted use to a different permitted use; provided, that no additional area of the property is disturbed as a result of such conversion.

E.    Development projects which are the subject of a development agreement entered into pursuant to Government Code Section 65864 et seq., prior to the effective date of the ordinance codified in this chapter, wherein the imposition of new fees is expressly prohibited; provided, that if the term of such a development agreement is extended by amendment or by any other manner after the effective date of the ordinance codified in this chapter, the SSHCP fee shall be imposed.

(Ord. 2018-06, Added, 11/06/2018)

15.32.100 Land dedication in lieu of development fees.

The implementation strategy outlined in Chapter 9 of the SSHCP describes a land dedication process where project proponents can dedicate land towards satisfying their mitigation requirements and thereby reduce their SSHCP mitigation fees. When the dedication of land is accepted into the SSHCP preserve system, the SSHCP mitigation fee will be adjusted by excluding the appropriate portion of the land acquisition component of the SSHCP mitigation fee. The remaining components of the SSHCP mitigation fee (i.e., reestablishment/establishment, endowment, and other) will remain unchanged, as they are used to fund ongoing conservation activities that are required on all preserve lands.

(Ord. 2018-06, Added, 11/06/2018)