Chapter 16.89
HOUSING TRUST DEVELOPMENT IMPACT FEE

Sections:

16.89.010    Adoption of impact fees.

16.89.020    Substitution of appropriate reference to city.

16.89.030    Subject matter beyond the jurisdiction of the city.

16.89.040    Future amendments.

16.89.050    Agreement with other public agencies.

Prior legislation: Ord. 19-2003.

16.89.010 Adoption of impact fees.

A. The housing trust development impact fee is hereby established.

B. The method of computation, establishment and administration of funds, timing of payment of fees, adjustment and review of fees, amount of fees, projects exempt from the fees and other matters applicable to such fees are all as set forth in Chapter 16.89 SCC, and Sacramento County Ordinance Nos. SCC-0801 and SCC-0903, all of which are incorporated herein by reference.

C. The city shall deposit, invest, account for and expend the housing trust development impact fee in accordance with Sections 66006 and 66484 of the Government Code.

D. On or before August 30th of each year, the city manager shall prepare a report for the city council identifying, for the previous fiscal year, the balance of fees in each fund, the facilities constructed and the capital facilities to be constructed and other matters required by Sections 66006(b) and 66484 of the Government Code. The annual report shall also include a review of any administrative charge. The city council shall review the report at a noticed public hearing.

E. No later than five years from the date of deposit of any of the fees in the appropriate funds, the city council shall make the findings required by Section 66001(d) of the Government Code for any portion of the fee remaining unexpended or uncommitted.

F. The fees imposed herein shall be effective upon adoption of this chapter, the council finding that the provisions of Section 66017 of the Government Code are not applicable inasmuch as the fees adopted by this chapter were required to be adopted by the council as its first act following incorporation and have been in effect since that time and are not being increased.

G. The adoption of this chapter is not a project for purposes of the California Environmental Quality Act, but even if it could be so characterized, it is exempt from the California Environmental Quality Act pursuant to Section 21080(b)(8) of the Public Resources Code and Section 15273 of the State CEQA Guidelines, in that the purpose of the fees is to maintain services in developing areas. [Ord. 26-2003 § 3].

16.89.020 Substitution of appropriate reference to city.

A. Whenever in the provisions of the Sacramento County Code adopted by this chapter there is a reference to “Board of Supervisors,” this reference shall be interpreted to mean the “city council of the city of Rancho Cordova.”

B. Whenever in the provisions of the Sacramento County Code adopted by this chapter there is a reference to an office, official title, or other designation, the reference shall be interpreted to mean that office, title, or designation in the governmental structure of the city or, if there is none, any official or titleholder in the city who has been specifically directed by the city council or the city manager to perform the functions referred to or the duties imposed.

C. Whenever in the provisions of the Sacramento County Code adopted by this chapter there is a reference to the “County of Sacramento,” such reference shall be interpreted to mean the “city of Rancho Cordova” if such an interpretation is appropriate under the circumstances.

D. Whenever in the provisions of the Sacramento County Code adopted by this chapter there is a reference to “unincorporated areas of the County,” this reference shall be interpreted to mean the “incorporated areas of the city of Rancho Cordova.” [Ord. 26-2003 § 4].

16.89.030 Subject matter beyond the jurisdiction of the city.

Whenever in the provisions of the Sacramento County Code adopted by this chapter there is a reference to subject matter beyond the jurisdiction of the city, this reference shall not be applicable to the city. [Ord. 26-2003 § 5].

16.89.040 Future amendments.

Amendments or modifications to the Sacramento County Code made after the effective date of the ordinance codified in this chapter are not adopted by reference by this chapter. [Ord. 26-2003 § 6].

16.89.050 Agreement with other public agencies.

Any transfer, exchange or apportionment between the city and another local agency, including any city, county, school district, authority, agency, municipal corporation, district or other political subdivision of the state, of fees or monies levied or collected under any provision of the Sacramento County Code adopted by this chapter shall be governed by written agreement between the city and the other public agency concerning the manner in which such fees or monies are to be transferred, exchanged or apportioned, and shall not occur until such agreement has been executed by and finally approved by the city and the other public agency. [Ord. 26-2003 § 7].