Article 98. - Development Fees.

Purpose: the purpose of this article is to provide a place in the Sonoma County zoning ordinance for the codification of development fee ordinances which accompany specific plans adopted by the board of supervisors. Such codifications are intended to assist both staff and developers in locating development fee ordinances which apply to parcels located within certain specific plan areas in the county.

(Ord. No. 4643, 1993.)

Sec. 26-98-010. - Sonoma Valley development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in the Sonoma Valley development fee impact area, and to implement the results of the Sonoma Valley traffic study, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-020. - Sonoma Valley development fee impact area.

(a)

The Sonoma Valley development fee impact area is shown on the map attached to Ordinance No. 4815 as Exhibit A, and is on file with the permit and resource management department, and is incorporated herein.

(b)

There is created in the office of the county auditor-controller and the county treasurer a special interest-bearing separate capital facilities account or fund complying with the requirements of Government Code § 66006(a) entitled "Sonoma Valley Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees in the Sonoma Valley development fee impact area shall be deposited in that account. These fees shall be expended in accordance with the provisions of the general plan and Section 26-98-010 et seq. of this code to pay the costs of the roadway facilities and improvements described in Table 1, dated September 2004, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof). These funds may also be used to reimburse the developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length or capacity.

(Ord. No. 5514 § 1, 2004: Ord. No. 5419 § 1, 2003: Ord. No. 5345 § 1, 2002: Ord. No. 5214 § 1, 2000: Ord. No. 5012 § 1, 1997: Ord. No. 4980 § 3, 1996: Ord. No. 4961 § 1, 1996: Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-030. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-010 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is generated by the type and level of development proposed in the Sonoma Valley development fee impact area.

(b)

The use to which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 1, dated September 2004, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the general plan, the Sonoma Valley traffic study and the January 1991, February 1992 and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in Table 1, dated September 2004, as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan, the Sonoma Valley traffic study and the January 1991, February 1992 and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(e)

The cost estimates in Table 1, dated September 2004, as amended, are based upon actual current costs of construction as determined by the county director of transportation and public works through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-010 et seq., and the construction of infrastructure improvements as called for in Table 1, dated September 2004, as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standard, substandard traffic intersections and an increase in flooding potential.

(Ord. No. 5514 § 2, 2004; Ord. 5419 § 2, 2003: Ord. No. 5345 § 2, 2002; Ord. No. 5214 § 1, 2000: Ord. No. 5012 § 2, 1997: Ord. No. 4980 § 4, 1996: Ord. No. 4961 § 2, 1996: Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-040. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the transportation and public works director dated January 1991 (including the studies and documents and attachments to that report) and February 1992, and the subsequent reports, and the general plan and the Sonoma Valley traffic study.

The development fee shall be:

Four hundred seven dollars ($407.00) per trip for residential uses; and

One hundred twenty-four dollars ($124.00) per trip for commercial uses; and

One hundred fourteen dollars ($114.00) per trip for industrial/institutional uses.

(c)

The total fee payable for residential, commercial and industrial/institutional uses shall be computed by multiplying the number of estimated new average daily trips generated by the proposed project times the fee per trip.

(d)

Calculation of new average daily trips:

(1)

The mostly recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

If a project alters or replaces an existing legal project on the same parcel, the number of average daily trips generated by the existing legal project will be deducted to determine the net increase in average daily trips. The fee assessment will be based on the net increase in average daily trips for a particular site.

Example: For a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF	= +192	gross trips (MSF = Thousand Square Feet)
20 existing trips	= - 20
31 passby trips	= - 31

Net New Trips	= 141	new trips
141 New Trips × $124/Trip	=	$17,484

(e)

Individual nonresidential uses permitted by land use plan other than in commercial, industrial and institutional land use categories shall have roadway improvement fees assigned based upon recommendations from the county department of transportation and public works.

(Ord. No. 4980 § 2,1996: Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-050. - Alternative method and compliance with other laws.

(a)

Sections 26-98-010 through 26-98-100, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Sonoma Valley development fee impact area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings, or other entitlements within the Sonoma Valley development fee impact area pursuant to state and local laws.

(b)

The development fees established for this area are necessary for the mitigation of significant impacts which will be created by future development in the Sonoma Valley development fee impact area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with cumulative environmental impacts generated by such project.

(c)

Rezonings in the Sonoma Valley development fee impact area are subject to the condition subsequent that the fees imposed by Sections 26-98-010 through 26-98-100, inclusive, will be paid. Failure to pay such fees shall result in a violation and entitle county to pursue such remedies as may be available to it by law.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-060. - Projects exempt from fee requirements.

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-070. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-010 through 26-98-100, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-080(a)(3), the fee in effect at the time of the department's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if required or appropriate, more often than once every three (3) years.

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust fund established to fund the development of public infrastructure in the Sonoma Valley development fee impact area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-080. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-010 through 26-98-100, inclusive, shall be paid when any of the following county approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

Those permits for which, prior to the issuance of a building permit, discretionary approval is required. These permits include, but are not limited to, use permits, design review approvals and major or minor subdivisions; and

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of the building permit.

(2)

The fee for those permits and approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the county of Sonoma those development fees required by Sections 26-98-010 through 26-98-100, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Section 26-98-010 through 26-98-100, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Sonoma Valley development fee impact area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-010 through 26-98-100, inclusive.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-090. - Developer construction of oversized facilities.

Whenever a developer is required, as a condition of approval of a development permit, to construct roadway facilities determined by the county to have supplemental size, length or capacity over that needed for the impacts of that development, and when such construction is necessary to ensure efficient and timely construction of the roadway facilities network, a reimbursement agreement with the developer and a credit against the fee, which would otherwise be charged pursuant to this chapter on the development project, shall be offered. The reimbursement amounts shall not include the portion of the improvement needed to provide services or mitigate the need for the facility or the burdens created by the development.

(Ord. No. 4815 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-100. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-010 through 26-98-100, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-010 through 26-98-100, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

Any such application shall be made in writing and filed with the clerk to the board of supervisors not later than: ten (10) days prior to the public hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The board of supervisors shall consider the application at the public hearing on the permit application or at a separate hearing held within sixty (60) days after the filing of the fee adjustment application. The decision of the board of supervisors shall be final. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(1)

Situations where the board of supervisors determines that the project development is a project eligible for direct county funding consideration and, in lieu of such funding, the board elects to waive or reduce the fee in an amount determined appropriate by the board in its sole discretion.

(Ord. No. 5012 § 3, 1997: Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-200. - Windsor specific plan development fees—Purpose.

(a)

Purpose. The purpose of Sections 26-98-200 through 26-98-380, inclusive, is to establish development fees to provide for public services and facilities needed as a result of future growth within the area encompassed by the Windsor specific plan. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department, and incorporated herein by reference as Exhibit A. These sections are intended as an implementation tool of the goals, policies and criteria identified in the Windsor specific plan. The Windsor specific plan, adopted pursuant to the county's general plan, requires that areas chosen for urban expansion shall be capable of being provided, within a reasonable period of time, with adequate facilities and services, including:

(1)

School facilities;

(2)

Fire protection services and facilities;

(3)

Civic facilities; and

(4)

Recreational facilities.

(b)

The Windsor specific plan further requires the preparation of a plan that identifies a mechanism for financing those facilities and services necessary to serve urban development within the Windsor specific plan area.

(c)

The purpose of Sections 26-98-200 through 26-98-380, inclusive, is to implement the county's general plan and the Windsor specific plan requirements and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is directly or indirectly generated by the type and level of development proposed in the Windsor specific plan area.

(d)

It is the further purpose of Sections 26-98-200 through 26-98-380, inclusive, to require that adequate provision is made for developer financed facilities and services within the Windsor specific plan area as a condition subsequent to any rezonings adopted through such plan and prior to approval of certain development applications within the area.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-210. - Method of computation.

(a)

Residential fees for fire protection facilities and park acquisition, shall be computed by multiplying the number of dwelling units times the fee per dwelling unit.

(b)

Commercial, industrial and institutional fees for fire protection facilities shall be computed by multiplying the number of gross acres of the parcel as identified on the latest county assessor's role times the fee per acre.

(c)

The computations arrived at above are designed to implement plan policies set forth in Section 4.5 of the specific Windsor plan.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-220. - Establishment and administration of Windsor Park development fund.

(a)

There is created in the office of the county auditor-controller in the county treasury a special interest bearing trust fund entitled "Windsor Specific Plan Park Development Fund." All park acquisition, development and frontage fees collected pursuant to Section 26-98-200 et seq. shall be placed in said fund and shall be expended in accordance with the provision of the Windsor specific plan to pay the costs of park acquisition, development and frontage improvements associated therewith.

(b)

Amounts deposited in the fund set forth above may, upon incorporation of the Windsor area or upon assumption of county obligations by a special district, be transferred to the town of Windsor or such district for the purposes set forth herein.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-230. - Establishment and administration of Windsor fire protection improvement fund.

(a)

There is created in the office of the county auditor-controller in the county treasury two (2) special interest bearing trust funds entitled "Windsor Specific Plan Fire Protection Improvement Fund" (Rincon Valley Fire Protection District) and "Windsor Specific Plan Fire Protection Improvement Fund" (Windsor Fire Protection District). All fire protection development fees collected pursuant to Section 26-98-200 et seq. shall be placed in the respective funds and shall be expended in accordance with the provisions of the Windsor specific plan to pay the costs of fire protection facilities and services.

(b)

Amounts deposited in the funds set forth above may, upon incorporation of the Windsor area or upon assumption of county obligations by a special district, be transferred to the town of Windsor or such district for the purposes set forth herein.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-310. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-200 through 26-98-380, inclusive, shall be paid when any of the following county approvals or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to Section 26-92-040 of this chapter;

(2)

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of the building permit or issuance of the building permit, whichever occurs first.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county or local district prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma or local district those development fees required by Sections 26-98-200 through 26-98-380, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as notation on the final or parcel map so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(3)

The fee for those permits referred to subsection (a)(3) of this section shall be paid to the county or local district within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Sections 26-98-200 through 26-98-380, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Windsor specific plan area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-200 through 26-98-380, inclusive.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-320. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-200 through 26-98-380, inclusive, shall be adjusted by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-310(a)(3), the fee in effect at the time of the department of permit and resource management's discretionary approval of the permit.

(b)

The board of supervisors shall review the adequacy of the development fees established herein at least once every three (3) years or, if it deems it appropriate, more often than once every three (3) years.

(c)

The department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust funds established to fund the development of public infrastructure in the Windsor area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-330. - Amount of fee payment for school site acquisition.

For those areas within the Windsor specific plan which are covered by findings of overcrowding made pursuant to Sonoma County Code Chapter 25C:

(a)

No building permit for residential development within the Windsor specific plan area shall be issued unless and until such development complies with the requirements of Sonoma County Code Chapters 25C and 25D;

(b)

Moneys required to be paid to the applicable school districts pursuant to Chapters 25C or 25D shall be paid directly to the local school district.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-340. - Amount of fee for park development fund.

(a)

The development fee required for park development within the Windsor specific plan is apportioned among residential land uses only. The fee amount is based on Table 4.5C of the Windsor specific plan text and assigned at seven hundred eighteen dollars ($718.00) per dwelling unit. The total fee payable shall be the product of the fee per dwelling unit times the total number of dwelling units.

(b)

The fee established by subsection (a) above is based on the cost of site acquisition, site development and frontage improvements associated therewith.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-350. - Amount of fire protection improvement fee.

(a)

The development fee required for the acquisition, development and frontage improvements for fire protection facilities shall be apportioned among residential, commercial, industrial and institutional land uses. The fee amount is based on Table 4.5D of the Windsor specific plan text and summarized below by jurisdiction and land use type:

(1)

Windsor Fire Protection Area.

Residential: $164/dwelling unit

Commercial/Industrial/Institutional $1,200/acre

(2)

Rincon Valley Fire Protection District.

Residential $164/dwelling unit

Commercial/Industrial/Institutional $1,200/acre

(b)

The total fee payable shall be computed by multiplying the fee per residential dwelling unit or commercial/industrial/institutional/acre times the total number of residential dwelling units or commercial/industrial/institutional acres.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-370. - Alternative method and compliance with other laws.

(a)

Sections 26-98-200 through 26-98-380, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Windsor specific plan area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the board of supervisors is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within the Windsor specific plan area pursuant to state and local laws. In particular, in the event that the park acquisition, development and frontage fee is challenged by a developer, such developer shall remain liable for the payment of a fee pursuant to the ordinance adopted by the Sonoma County board of supervisors implementing the Quimby Act (Government Code Section 66477 et seq.).

(b)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the Windsor area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(c)

Rezonings made through the Windsor specific plan are subject to a condition subsequent that the fees imposed by Section 26-98-200 through 26-98-380, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle the county to pursue such remedies as may be available to it by law.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-380. - Projects exempt from fee requirements.

(a)

Projects which donate land for park, school and fire facilities may be exempt from a portion of the fees established by this chapter. The extent of the exemption is set forth in Section 4.5 of the Windsor specific plan.

(b)

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agencies' responsibilities.

(Ord. No. 4818 § 1, 1994: Ord. No. 4643, 1993; Ord. No. 3681.)

Sec. 26-98-400. - Airport industrial area development fees.

(a)

The purpose of Sections 26-98-400 through 26-98-450, inclusive, is to establish development fees to provide for certain improvements needed as a result of growth within the area described as the Sonoma County airport industrial area. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department. Such improvements, as required by the Sonoma County airport industrial specific plan consist of the following:

(1)

Fire protection improvements, including a ladder truck/pumper combination and a squad.

(b)

The purpose of Sections 26-98-400 through 26-98-450, inclusive, is to require that adequate provision is made for developer financed improvements within the Sonoma County airport industrial area as a condition precedent to the issuance of any building permits and prior to approval of certain development applications within the area.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-410. - Method of computation and amount of fee.

(a)

The impact fee per acre will be based on the local landowners cost responsibilities pursuant to the provisions of the Sonoma County airport industrial area specific plan, Section VIII, entitled financing and implementation (see Section 26-98-450(a)). The development fees are as follows:

The foregoing amounts are subject to modification pursuant to the provisions of Section 26-98-440.

In the event of an expansion of an existing use which requires discretionary county approval, the fee shall be applied based on a ratio of the expansion to the total resulting developed area unless the expansion is fifty percent (50%) or greater in which case the entire fee shall be applied.

(1)

Fire Protection Improvements. For all parcels located within the Sonoma County airport industrial area as depicted on Exhibit A, the fee is five hundred sixty-two dollars ($562.00) per acre.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-420. - Administration of the Sonoma County airport industrial area improvement fund.

(a)

The development fees established pursuant to Section 26-98-400(a)(1) for fire protection improvements shall be paid directly to the Rincon Valley Fire District. All amounts collected for development fees for improvements provided for in Section 26-98-400(a)(1) shall be expended to fund the improvements provided for in the section.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-430. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed by Sections 26-98-400 through 26-98-450, inclusive, shall be required when any of the following county approvals or permits are required:

(1)

Where the condition set forth above is to be placed on a major or minor subdivision, the condition shall be placed as a notation on the final or parcel map or map sheet so that subsequent purchasers of lots within the subdivision will be on notice that fees will be required prior to the issuance of a building permit.

(i)

At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-400 through 26-98-450 inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

(b)

The fees imposed and required by subsection (a)(1) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the Rincon Valley Fire District, and a copy of the receipt submitted to the county permit and resource management department prior to approval of the building permit or issuance of the building permit, whichever occurs first.

(c)

No building permit for property within the Sonoma County airport industrial area shall be issued or approved unless the development fees for the property are paid as required by Section 26-98-430 through 26-98-450, inclusive.

(d)

No discretionary approval for property within the Sonoma County airport industrial area shall be approved unless such approval is conditioned pursuant to subsection (a)(1) of this section, to require the payment of the development fees for the property as required by Sections 26-98-400 through 26-98-450, inclusive.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-440. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1990, the development fees imposed by Sections 26-98-400 through 26-98-450, inclusive, shall automatically be adjusted on January 1 of each calendar year, beginning January 1, 2007, by a percentage equal to the percentage change in the Engineering News Record, Construction Cost Index for the twelve (12) month period ending on November 30 of the prior year, unless the amount of the fee is otherwise revised by the board by resolution. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of planning department approval of the building permit. Any such adjustment shall be enacted in accordance with the provisions of Government Code Sections 65962, 54986 and 54992.

(b)

(c)

The department of public works and the department of planning shall provide a report to the board of supervisors when requesting any change in the fee due to proposed annual adjustments.

(d)

Application for rezoning to increase the intensity of development or use of properties within the airport industrial area Sonoma County will, if moved, be conditioned to require the applicant to assume a proportionate share of the improvement costs which would otherwise be the responsibility of the county pursuant to the provisions of the airport industrial area specific plan, Section VIII, entitled financing and implementation.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-450. - Amount of Sonoma County airport industrial specific plan fund.

(a)

The costs associated with the improvements shall be spread among all of the properties within the area boundaries in accordance with the provisions of the Sonoma County airport industrial area, specific plan (as amended May 27, 1987) Section VIIIE, entitled "apportionment of capital improvement cost responsibilities."

(b)

Actual assessments will be made upon each individual parcel at the time of development based upon the number of acres approved for construction and any increase of the improvement costs.

(c)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the area described herein. The fees required herein are fairly apportioned within the Sonoma County airport industrial area on the basis of benefits conferred on affected properties and are consistent with the circulation elements of the general plan and the airport industrial area specific plan. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA Regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(Ord. No. 5711 § 6 (Exh. E), 2007.)

Sec. 26-98-460. - Repealed by Ord. No. 5345 § 6.

Sec. 26-98-470. - Repealed by Ord. No. 5345 § 6.

Sec. 26-98-500. - Mooreland Avenue traffic impact zone.

(a)

The purpose of Section 26-98-500 through 26-98-550, inclusive, is to establish development fees to provide for certain roadway and related shoulder and drain improvements needed as a result of growth within the area described as the Moorland Avenue Traffic Impact Zone. Such area is set forth on that map which is attached to the ordinance codified in this chapter and on file in the planning department, and incorporated herein by reference as Exhibit A.

(b)

The purpose of Sections 26-98-500 through 26-98-550, inclusive, is to require that adequate provision is made for developer finance improvements within the Moorland Avenue traffic impact zone as a condition precedent to the issuance of any building permits and prior to approval of certain development applications within the area.

(Ord. No. 4643, 1993.)

Sec. 26-98-510. - Method of computation and amount of fee.

(a)

The impact fee per residential unit will be based on the total cost of the improvements (one hundred ninety-two thousand dollars ($192,000.00); see Section 26-98-550(b)) times the developers share of said improvements (sixty (60); see Section 26-98-550(c)) divided by the residential development potential for all parcels within the district (162; see Section 26-98-550(d)). The impact fee resulting from this computation is seven hundred eleven dollars ($711.00) per unit. This amount is subject to modification pursuant to the provisions of Section 26-98-540.

(Ord. No. 4643, 1993.)

Sec. 26-98-520. - Establishment and administration of the Moorland Avenue traffic impact zone improvement fund.

(a)

There is created in the office of the county auditor-controller in the county treasury a special interest bearing trust fund entitled the Moorland Avenue traffic impact improvement fund. All amounts collected for development fees shall be deposited in the account and expended to fund roadway shoulder and drain improvements on Moorland Avenue.

(Ord. No. 4643, 1993.)

Sec. 26-98-530. - Imposition of development fees and timing of fee payments.

(a)

The fees imposed by Sections 26-98-500 through 26-98-550, inclusive, shall be required when any of the following county approvals or permits are required:

(1)

Planning department approval of building permits for new residential dwelling units on existing lots;

(2)

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to planning department approval of the building permit or issuance of the building permit, whichever occurs first.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county prior to planning department approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-500 through 26-98-550, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

(c)

No building permit or discretionary approval for property within the Moorland Avenue traffic impact zone shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-510 through 26-98-540, inclusive.

(Ord. No. 4643, 1993.)

Sec. 26-98-540. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1989, the development fees imposed by Sections 26-98-500 through 26-98-550, inclusive, shall be adjusted by a percentage amount equivalent to the percentage change in the engineering new record construction cost index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of planning department approval of the building permit.

(b)

(c)

The department of public works and the department of planning shall provide an annual report to the board of supervisors which notes any change in the fee due to automatic annual adjustments.

(d)

Application for rezoning to increase the residential density of properties within the impact zone will, if moved, be conditioned to require the applicant to assume a proportionate share of the improvement costs which would otherwise be the responsibility of the county.

(Ord. No. 4643, 1993.)

Sec. 26-98-550. - Amount of traffic impact zone improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among future residential uses.

(b)

The development fee amount is based on the 1987/1988 zone/A flood control district budget appropriation of one hundred ninety-two thousand dollars ($192,000.00) for the improvement work.

(c)

The costs associated with the improvement district shall be spread among all of the properties within the area boundaries according to their development potential. Since approximately forty percent (40%) of the land within the district is already developed, the county of Sonoma shall bear forty percent (40%) of the cost of the project, except as provided by Section 26-98-540(d).

(d)

The development potential for each parcel within the district shall be calculated based upon the maximum number of units which could be developed for each parcel under existing zoning of January 1, 1987 less the number of existing units as of that date.

(e)

Actual assessments will be made upon each individual parcel at the time of development based upon the number of units approved for construction and any increase of the improvement costs.

(f)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in the area described herein. The fees required herein are fairly apportioned within the impact zone on the basis of benefits conferred on affected properties. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA regulation 15162 which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with the cumulative environmental impacts generated by such project.

(Ord. No. 4643, 1993.)

Sec. 26-98-600. - Purpose of countywide traffic development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in Sonoma County, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a countywide development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4816 § 1, 1994.)

Sec. 26-98-605. - Countywide development fee impact area.

(a)

The countywide development fee impact area shall be all unincorporated lands within the boundary of the county except for those lying within the boundaries of the Sonoma Valley development fee impact area.

(b)

There is created in the office of the county auditor-controller and the county treasurer a separate capital facilities account or fund complying with the requirements of Government Code Section 66006(a) entitled "Sonoma County Countywide Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees on account of this chapter shall be deposited in said account. These fees shall be expended in accordance with the provisions of the general plan and Section 26-98-600 et seq. of this code, to pay the costs of roadway facilities and improvements described in Table 3, dated September 2004, as amended (attached to the ordinance codified in this chapter and on file in the public works department and made a part hereof). Pursuant to Government Code Section 66007(b), these fees are authorized for expenditures and obligations for the specific purposes described in said Table 3. These funds may also be used to reimburse developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length or capacity.

(Ord. No. 5514 § 3, 2004; Ord. No. 5419 § 3, 2003: Ord. No. 5345 § 3, 2002: Ord. No. 5214 § 1, 2000: Ord. No. 5012 § 4, 1997: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-610. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-600 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services, the need for which is generated by the type and level of development proposed in Sonoma County.

(b)

The use of which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 3, dated September 2004, as amended (attached to the ordinance codified in this chapter and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the general plan and the January 1991, February 1992 and subsequent reports of the county transportation and public works directors, which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in said Table 3, dated September 2004, as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan and the January 1991, February 1992 and subsequent reports of the county transportation and public works director, which are incorporated herein by this reference.

(e)

The cost estimates in said Table 3, dated September 2004, as amended, are based upon actual current costs of construction as determined by the county transportation and public works director through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-600 et seq., and the construction of infrastructure improvements as called for in said Table 3, dated September 2004, as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standards, substandard traffic intersections and an increase in flooding potential.

(Ord. No. 5514 § 4, 2004; Ord. No. 5419 § 4, 2003: Ord. No. 5345 § 4, 2002: Ord. No. 5214 § 1, 2000: Ord. No. 5012 § 5, 1997: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-620. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the transportation and public works director dated January 1991, February 1992, and subsequent reports, and the Sonoma County general plan.

The development fee shall be:

Three hundred ninety-one dollars ($391.00) per trip for residential uses; and

One hundred nineteen dollars ($119.00) per trip for commercial uses; and

One hundred nine dollars ($109.00) per trip for industrial/institutional uses.

(c)

(d)

Calculation of New Average Daily Trips.

Example: for a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF	= +192	gross trips (MSF = Thousand Square Feet)
20 existing trips	= - 20
31 passby trips	= - 31

Net New Trips	= 141	new trips
141 New Trips × $119/Trip	= $16,779

(1)

The most recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

(e)

Individual nonresidential uses permitted by the land use plan other than in commercial, industrial and institutional land use categories shall have roadway improvement fees assigned based upon recommendations from the county department of transportation and public works.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-630. - Alternative method and compliance with other laws.

(a)

Sections 26-98-600 through 26-98-680, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in Sonoma County. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings or other entitlements within Sonoma County pursuant to state and local laws.

(b)

The development fees established and referenced in this chapter are necessary for the mitigation of significant impacts which will be created by future development in Sonoma County. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with accumulative environmental impacts generated by such project.

(c)

Rezonings in Sonoma County are subject to the condition subsequent that the fees imposed by Sections 26-98-600 through 26-98-680, inclusive, will be paid. Failure to pay such fees shall result in a violation and entitle the county to pursue such remedies as may be available to it by law.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-640. - Projects exempt from fee requirements.

(a)

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(b)

Development areas within the Sonoma Valley traffic mitigation fee ordinances shall be exempt from this chapter and shall instead pay the roadway development fees already established in that area.

(Ord. No. 5419 § 5, 2003: Ord. No. 5345 § 5, 2002: Ord. No. 5214 § 1, 2000: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-650. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-600 through 26-98-680, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the engineering news record construction cost index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-660(a)(3), the fee in effect at the time for the department of permit and resource management's discretionary approval of the permit.

(b)

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust funds established to fund the development of public infrastructure in the countywide area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-660. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-600 through 26-98-680, inclusive, shall be paid when any of the following county approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a)(1) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit.

(2)

The fee for those permits and approvals referred to in subsection (a)(2) of this section shall be paid to the county prior to department of permit and resource management's approval of a building permit or issuance of the building permit, whichever occurs first. At the time of the discretionary approval, the following condition shall be imposed on the development:

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-600 through 26-98-680, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

(3)

The fee for those permits referred to in subsection (a)(3) of this section shall be paid to the county within thirty (30) days after the permit is approved. At the time of the discretionary approval, the following condition shall be imposed:

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Sections 26-98-600 through 26-98-680, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within Sonoma County shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-610 through 26-98-680, inclusive.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-670. - Developer construction of oversized facilities.

(Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-680. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-600 through 26-98-680, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

The application shall be made in writing and filed with the director of the permit and resource management department not later than: twenty (20) days prior to the pubic hearing on the development permit application for the project; or if no development permit is required, at the time of the filing of the request for a building permit.

The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The director of the permit and resource management department in consultation with the director of the department of transportation and public works shall consider the application and render a decision. If a reduction, adjustment or waiver is granted, any change of use within the project shall invalidate the waiver, adjustment or reduction of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-600 through 26-98-680, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

(Ord. No. 5012 § 6, 1997: Ord. No. 4816 § 1, 1994: Ord. No. 4643, 1993.)

Sec. 26-98-700. - Purpose of Larkfield area development fee.

In order to implement the goals and objectives of the general plan, including the circulation and transit element of that general plan, and to mitigate the traffic impacts caused by new development in the Larkfield/Wikiup development fee impact area, certain public roadway improvements must be constructed to insure a safe and efficient level of service. The board of supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction cost of these improvements. In establishing the fee described in the following sections, the board of supervisors has found the fee to be consistent with its general plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the county's housing needs as established in the housing element of the general plan.

(Ord. No. 4817, 1994.)

Sec. 26-98-710. - Larkfield development fee impact area.

(a)

The Larkfield development fee impact area is shown on the map attached to Ordinance No. 4350 as Exhibit B, and is on file with the permit and resource management department, and is incorporated herein.

(b)

There is created in the office of the county auditor-controller and the county treasurer a special interest-bearing trust fund entitled "Larkfield Roadway Improvement Fund." Said fund shall consist of a roadway account. All amounts collected from roadway development fees in the Larkfield development fee impact area shall be deposited in that account. These fees shall be expended in accordance with the provisions of the general plan and Sonoma County Code Section 26-98-700 et seq. to pay the costs of the roadway facilities and improvements described in Table 4, dated April 1997, as amended, attached and incorporated herein. These funds may also be used to reimburse the developers who have been required or permitted to install roadway facilities which are oversized with supplemental size, length, or capacity.

(Ord. No. 5012 § 7, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-720. - Findings and determinations of the board of supervisors.

(a)

The purpose of the fees adopted by Section 26-98-720 et seq. is to pay the costs of roadway facilities and improvements in accordance with the provisions of the Sonoma County general plan, including the circulation and transit element, and to implement the county's general plan, and to use the authority of Article XI, Section 7 of the California Constitution by imposing development fees to fund the costs of certain facilities and services the need for which is generated by the type and level of development proposed in the Larkfield development fee impact area.

(b)

The use to which the fees are to be put is to pay the costs of the roadway facilities and improvements identified in Table 4, dated April 1997, as amended (attached to this ordinance and on file in the permit and resource management department and made a part hereof).

(c)

There is a reasonable relationship between the fees used and the types of development projects on which the fee is imposed for the reasons set forth in the Sonoma County general plan, the January 1991, February 1992, and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(d)

There is a reasonable relationship between the need for the roadway facilities and improvements identified in Table 4, dated April 1997 as amended, and the development projects on which the fee is imposed, for the reasons set forth in the Sonoma County general plan, the January 1991, February 1992, and subsequent reports of the transportation and public works director, all of which are incorporated herein by this reference.

(e)

The cost estimates in Table 4, dated April 1997, as amended, are based upon actual current costs of construction as determined by the county director of transportation and public works through an analysis of current contracted public projects.

(f)

Without the adoption of Section 26-98-700 et seq., and the construction of infrastructure improvements as called for in Table 4, dated April 1997 as amended, there will be decreased levels of service on certain highways, increased congestion, decreased highway safety, increased accidents, inadequate structural sections, road services deteriorating to the point where they cannot be safely maintained, lack of shoulders meeting basic safety standards, substandard traffic intersections, and an increase in flooding potential.

(Ord. No. 5012 § 8, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-730. - Amount of roadway improvement fund.

(a)

The development fee required for roadway improvements shall be apportioned among residential, commercial, industrial and institutional use.

(b)

The development fee amount is based upon the report of the Sonoma County transportation and public works director dated January 1991, February 1992, and subsequent reports (including the studies and documents and attachments to those reports) and the Sonoma County general plan.

The development fee shall be:

Four hundred two dollars ($402.00) per trip for residential uses, and

One hundred nineteen dollars ($119.00) per trip for commercial uses, and

One hundred nine dollars ($109.00) per trip for industrial/institutional uses.

(c)

The total fee payable for residential, commercial and industrial/institutional shall be computed by multiplying the number of estimated new average daily trips generated by the proposed project times the fee per trip.

(d)

Calculation of new average daily trips:

Example: For a general retail use of four thousand (4,000) square feet, replacing existing uses generating twenty (20) average daily trips, the fee would be:

48 trips/MSF × 4 MSF	= +192	gross trips (MSF = Thousand Square Feet)
20 existing trips	= - 20
31 passby trips	= - 31
Net New Trips	= 141	new trips

141 New Trips × $119/Trip	= $16,779

(1)

The most recently issued trip generation manual published by the Institute of Transportation Engineers shall be used to determine the average daily trips for each proposed use.

(2)

(e)

(Ord. No. 4817, 1994.)

Sec. 26-98-740. - Alternative method and compliance with other laws.

(a)

Sections 26-98-700 through 26-98-790, inclusive, are intended to establish a supplemental method for funding the cost of certain facilities and services, the need for which will be generated by the level and type of development proposed in the Larkfield development fee impact area. The provisions of these sections shall not be construed to limit the power of the county to impose any other fees or exactions, but shall be in addition to any other requirements which the county is authorized to impose, or has previously imposed, as a condition of approving plans, rezonings, or other entitlements within the Larkfield development fee impact area pursuant to state and local laws.

(b)

The development fees established for this area are necessary for the mitigation of significant impacts which will be created by future development in the Larkfield development fee impact area. If, for any reason, any portion of this chapter is challenged in a court of competent jurisdiction, such challenge may constitute new information for purposes of CEQA which might, in turn, require additional environmental review of development projects. The refusal to pay fees imposed herein represents a failure on the part of the developer to participate in area-wide mitigation fees and may constitute the basis for the county's refusal to make a statement of overriding consideration in connection with cumulative environmental impacts generated by such project.

(c)

Rezonings in the Larkfield development fee impact area are subject to the condition subsequent that the fees imposed by Sections 26-98-700 through 26-98-790, inclusive, will be paid. Failure to pay such fees shall result in a violation of this condition subsequent and entitle County to pursue such remedies as may be available to it by law.

(Ord. No. 4817, 1994.)

Sec. 26-98-750. - Projects exempt from fee requirements.

The fee provisions shall not apply to public agency projects (including special districts) which provide public infrastructure within the scope of the public agency's responsibilities.

(Ord. No. 4817, 1994.)

Sec. 26-98-760. - Annual adjustment and review of fees.

(a)

On January 1st of each year beginning in 1995, the development fees imposed by Sections 26-98-700 through 26-98-790, inclusive, shall be adjusted by the department of transportation and public works by a percentage amount equivalent to the percentage change in the Engineering News Record Construction Cost Index for the preceding twelve (12) month period. The amount of fee applicable to any permit shall be computed based on the fee in effect as of the date of department of permit and resource management's approval of the building permit, or in those cases specified in Section 26-98-770(a)(3), the fee in effect at the time of the department of permit and resource management's discretionary approval of the permit.

(b)

(c)

The department of transportation and public works and the department of permit and resource management shall provide an annual report to the board of supervisors which specifies:

(1)

Any change in the fee due to automatic annual adjustments;

(2)

The status of the trust fund established to fund the development of public infrastructure in the Larkfield development fee impact area; and

(3)

The status of any improvement projects financed in full or in part by such trust funds.

(Ord. No. 4817, 1994.)

Sec. 26-98-770. - Timing of fee payments.

(a)

The fees imposed and required by Sections 26-98-700 through 26-98-790, inclusive, shall be paid when any of the following County approval or permits are required:

(1)

Department of permit and resource management's approval of building permits for new residential dwelling units on existing lots, including second dwelling units authorized pursuant to this chapter;

(2)

(3)

Those zoning permits requiring discretionary approval which do not require a building permit.

(b)

The fees imposed and required by subsection (a) of this section shall be paid as follows:

(1)

The fee for those approvals referred to in subsection (a)(1) of this section shall be paid to the county prior to department of permit and resource management's approval of the building permit.

(2)

"As a condition of the approval, applicant shall pay to the County of Sonoma those development fees required by Sections 26-98-700 through 26-98-790, inclusive, of the Sonoma County Code. Such fees shall be paid prior to issuance of a building permit."

(3)

"As a condition of the approval, applicant shall pay to the County of Sonoma that development fee required by Section 26-495 through Section 26-495.9, inclusive, of the Sonoma County Code within thirty (30) days after approval of this permit. Failure to make this payment within thirty (30) days after approval of this permit shall result in said permit being rendered null and void."

(c)

No building permit or discretionary approval for property within the Larkfield development fee impact area shall be issued or approved unless the development fees for the property are paid as required by Sections 26-98-700 through 26-98-790, inclusive.

(Ord. No. 4817, 1994.)

Sec. 26-98-780. - Developer construction of oversized facilities.

(Ord. No. 4817, 1994.)

Sec. 26-98-790. - Fee adjustments.

(a)

A developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the director of the permit and resource management department for a reduction or adjustment to that fee, or a waiver of that fee, based upon: (1) the absence of any reasonable relationship or nexus between the traffic and transportation impacts of that development and either the amount of the fee charged or the types of facilities to be financed; and/or (2) the development is sufficiently specialized such that the fee should be specially calculated so as to maintain a reasonable relationship between the type of the development project and the amount of the fee.

(b)

In addition to the foregoing, a developer of any project subject to the fee established by Sections 26-98-700 through 26-98-790, inclusive, may apply to the board of supervisors for a reduction or adjustment to that fee, or a waiver of that fee, otherwise due in the following case:

(1)

(Ord. No. 5012 § 9, 1997: Ord. No. 4817, 1994.)

Sec. 26-98-800. - Affordable or special needs housing—Deferral of fee payment.

(a)

Development fees may be deferred on projects that provide affordable or special needs housing subject to compliance with the provisions of this section. Any such deferral shall be directly related to the construction of housing units reserved for rent or sale to low-, very low-, or extremely low-income households or for households with special needs, such as the elderly or disabled. A written request for a deferral of fees shall be submitted with the applicable planning application.

(b)

A fee deferral may be approved if the director determines, in consultation with affected departments, that the improvements funded by the fees can be delayed or that the fees from the project are not needed to finance the programmed public improvements over the near-term. Prior to authorizing the fee deferral, a promissory note and a deed of trust shall be executed by the developers to guarantee payment, pursuant to subsection (c), of development fees otherwise required to be paid at the time a building permit is issued.

(c)

Fees for rental housing may be deferred until the time permanent financing for the project is in place or a certain date specified by the promissory note, whichever occurs first. Fees for ownership housing may be deferred until the sale of the dwelling unit, or a certain date specified by the promissory note, whichever occurs first.

(d)

To secure payment of deferred fees a promissory note and a deed of trust shall be recorded against the parcel on which the affordable housing is being constructed. The deed of trust may be subordinated to the purchase and construction financing.

(e)

To qualify for a deferral of payment of fees, the dwelling unit shall be reserved for rent or sale to a low-, very low-, or extremely low-income household pursuant to the provisions of the general plan housing element, including the requirement that the continued affordability of said units be secured by a recorded affordable housing agreement or special needs housing agreement, as applicable. In addition, in the case of special needs units, to qualify for a deferral of payment of fees, at least twenty percent (20%) of the special needs units must be reserved for occupancy by very low-, low-, or extremely low-income special needs households.

(f)

The director of the Sonoma County permit and resource management department is hereby authorized and directed to execute any documents on behalf of the county of Sonoma which may be required to implement the provisions of this section, provided such documents have been previously authorized by the board of supervisors and approved by the county counsel. In addition, said directors are authorized and directed, with approval of the county counsel, to make any necessary technical, nonsubstantive changes to any documents required to implement the provisions of this section where such documents have been approved by the board of supervisors or necessitated by the board's approval of a deferral of fees for dwelling units affordable to lower or very low-income households.

(g)

The county counsel is authorized and directed to prepare or review and approve as to legal form, all necessary legal documents, including but not limited to promissory notes, deeds of trust, any escrow instructions which may be necessary to implement the provisions of this section.

(Ord. No. 5569 § 11, 2005: Ord. No. 5009 § 1(H), 1997.)