§ 66-193. Alternative method and compliance with other laws and requirements.

(a)

This Chapter is intended to establish a supplemental method for funding the cost of certain facilities the need for which will be generated by the level and type of development designated in the General Plan in effect in the unincorporated territory of the County of Sacramento. The provisions of this ordinance shall not be construed to limit the power of the Board to impose any other fees or exactions, or to continue to impose any other fees or exactions, or to continue to impose existing ones, on development within the unincorporated territory of the County of Sacramento. Compliance with this ordinance shall be in addition to any other requirements which the Board is authorized to impose, or has previously imposed, as a condition of approving plans, rezoning, permits, or other entitlements pursuant to state and local laws.

(b)

In particular, this fee program is intended to operate in conjunction with, and not replace, other roadway and transit financing mechanisms, except as expressly designated in this Chapter. To that end, (1) the owner of projects subject to this chapter shall comply with the dedications, improvements and other requirements in the County of Sacramento Improvement Standards. Those requirements shall be performed without credit being given against the payment of fees required by this chapter, even if the facility for which the dedication or improvement is required is one which is also listed in the roadway analysis or transit analysis as a facility to be financed by the roadway fee or transit fee. (2) The owner proposing such projects shall be responsible for those mitigation measures that may be required as a result of being identified in any traffic analyses for the project prepared by or forth the County, including those identified pursuant to the California Environmental Quality Act [Public Resources Code §§ 21000-21177] in order to fully or partially reduce the significant effects on the environment which may otherwise result from the project. The appropriate environmental document shall be prepared, which may include consideration of the potential mitigation of significant effects resulting from compliance with the fees required by this chapter, but shall also include such other mitigation measures as needed to reduce or lessen the significant effects of a project to a less than significant level.

(c)

(1)

If a project: (i) contains additional dwelling units in residential land use types or additional floor area of buildings in commercial or industrial land use types, (ii) has plan amendments, rezones, use permits, variances or other approvals for use that were approved prior to the effective date of this chapter, (iii) has not yet been issued all building permits, and (iv) was required as a condition of approval to dedicate or improve roadway facilities or transit facilities in excess of the requirements of the Sacramento County Improvement Standards and those roadway facilities or transit facilities are now shown as facilities to be funded by roadway fees or transit fees, then the owner may apply to the Director for a credit against the fee otherwise required by this chapter when remaining building permits apr request for that project. Credit shall be given in an amount not exceed the fee that is otherwise due for each building permit paid based on the cost estimates of construction of the facilities or the cost estimates of fair marker value of the land dedicated, as shown in the adopted roadway analysis or transit analysis.

(2)

The construction of any facility authorized by this subdivision must be accepted by the Department, or the property owner must pose a bond or other security for the complete performance of the construction in a form acceptable to the Director and the County Counsel, prior to credit being given and issuance of any of the approvals set forth in Sections 16.87.050 [66-175] and 16.87.060 [66-176].

(Ord. No. 97-01, § 2(16.87.150), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)