Sacramento County Municipal Code Ch. 16.120 Deferral of Certain Development Impact Fees for Residential Projects

This chapter shall be known and cited as the “Deferral of Certain Development Impact Fees for Residential Projects.”

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 9, 2008; SCC 1780, 7/14/2026)

The Board of Supervisors of the County of Sacramento desires to encourage the construction of residential developments in the County of Sacramento. The Board of Supervisors finds that the early payment of certain development impact fees for residential development creates a barrier to such development and desires, by the adoption of this chapter, to ease such barrier by deferring the time for payment of certain fees.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1780, 7/14/2026)

Notwithstanding any other provision of this Code, upon application and approval pursuant to Section 16.120.050 of this chapter, a qualified residential project shall pay the applicable fees and the following fees shall be collected pursuant to the provisions of this chapter:

a. Antelope Public Facilities Financing Plan Area fees imposed pursuant to Chapter 16.80;

b. North Vineyard Station Specific Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.81;

c. Vineyard Public Facilities Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.83;

d. Florin Vineyard Community Plan Area fees (excluding the administrative component) imposed pursuant to Chapter 16.85;

e. Fire Facilities fees (excluding the administrative component) imposed pursuant to Chapter 16.150;

f. Park Facilities fees within Arcade Creek, Carmichael, Fair Oaks, Mission Oaks, North Highlands, Orangevale, Rio Linda Elverta and Sunrise Recreation and Park Districts (excluding the administrative component) imposed pursuant to Chapter 16.155;

g. Library Facilities fees (excluding the administrative component) imposed pursuant to Chapter 16.160;

h. Transportation and transit development fees (excluding the administrative component) imposed pursuant to Chapter 16.87.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1165 § 3, 2000; SCC 1399 § 10, 2008; SCC 1673 § 6, 2021; SCC 1780, 7/14/2026)

a.

"Administrator"

means the Deputy County Executive of the Community Services Agency and the Administrator's designees.

b.

"Applicant"

means the property required to pay the development impact fees for which a fee deferral is sought pursuant to this chapter.

c.

"Board"

means the Board of Supervisors of the County of Sacramento.

d.

"Building permit"

means the permit issued or required by the County for the construction, improvement, or remodeling of any structure pursuant to and as defined by the Sacramento County Buildings and Construction Code.

e.

"Certificate of occupancy"

means the document issued by the County's Building Permits and Inspection ("BPI") section certifying that the newly constructed building or structure has been inspected and complies with all applicable state and local laws, ordinances, rules, and regulations governing construction and occupancy or, for a building or structure that does not receive this document, the Building Permit signed by BPI after the building or structure passes final inspection.

f.

"Guidelines"

means the residential development impact fee deferral program guidelines adopted by a resolution of the Board, as such may be amended from time to time.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 11, 2008; SCC 1780, 7/14/2026)

a. Application. A residential development project may file an application with the Community Development Department to request deferral of any of those fees enumerated in Section 16.120.030 of this chapter.

b. Guidelines. Fee deferrals for residential development projects shall be requested from, processed, and approved by the Administrator in accordance with the Guidelines.

c. Agreement Required. Deferral of fees pursuant to this chapter shall be acknowledged by an agreement in the form described in the Guidelines and satisfactory to the Administrator and approved by the County Counsel.

d. Other Requirements. All of the following requirements must be satisfied prior to approval of a fee deferral:

1. Submittal to the Community Development Department of a complete application as provided in the Guidelines; and

2. Deposit of all application and administrative fees pursuant to Section 16.120.080 and the Guidelines; and

e. Deferral Non-Transferable. The approval of a fee deferral pursuant to this chapter for a residential development project shall not be transferable to another project regardless of whether the applicant is the same for both projects.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 12, 2008; SCC 1780, 7/14/2026)

For residential development projects for which a deferral of development impact fees pursuant to this chapter has been approved, no interest shall accrue during the period of deferral. However, in the event development impact fees are not paid at the time required by the Guidelines, a penalty equal to the annual rate of interest earned by the Treasurer of the County of Sacramento on the investment of pooled funds, computed on the unpaid amount from the date of execution of the deferral agreement to time of payment, shall be due and payable.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 13, 2008; SCC 1780, 7/14/2026)

The number of residential units for which a development impact fee deferral is applied shall be limited as set forth in the Guidelines. Non-refundable administrative processing fees in amounts established by Board resolution shall be paid at the time of application for the purpose of funding the costs of administering the fee deferral program established by this chapter. These fees shall be annually adjusted on July 1st or as soon thereafter as practicable by the percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Bureau of Labor Statistics, using the change between March of the current year and March of the prior year, and may from time to time be revised by Board resolution to recover the costs of administering the program.

(SCC 1069 § 1, 1997; SCC 1121 § 1, 1998; SCC 1399 § 15, 2008; SCC 1780, 7/14/2026)