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HomeMy WebLinkAbout26951 BOARD OF SUPERV~SORS, COUNTY OF BUTTE, STATE OF CALIFORNIA ~ ORDINANCE No. 2695 ~ AN ORD3NANCE 4F THE COUNTY OF BUTTE ADDING ARTTCLE IV TO CHAPTER 10 OF THE BUTTE COUNTY CODE 4 TO ESTABLISH STREET FACZL~TY IMPROVEMENT FEES ' IN THE CHICO URBAN AREA 5 ~ WHEREAS, in the past two decades the Ch~.ca u~ban area has 7 experienced a subs~antial amount of growth and new deve~.oprrtent and can g reasonably expect such new growth and development to continue in the g future; ar~d ~ ip WHEREAS, s~ch growf.h and new developm~nt has created an ever-- ~~ increasing ne~d to construct and instal~ new collector streets, ~2 arte~ial streets, and other street facil~.ty improvements within the 13 Chico urban area which are necessary to serve the mo~or vehicle and ~4 ather tra~fic resulting ~ro~- s~ch growth and new deve~.opment; and 15 WHEREAS, i~ such new collector streets, arter~al street~, and ~6 other street faci.li.ty improvements are na~ constructed, existing ~~ streets in said ar~a, some o~ which are already at or near capacity, ig wi~.l be overburdened, resu~ting in unacceptab~,e servi.ee level ig problems; and 20 WHER~AS, because of the obvious need for the cons~ruc~ion of new ~~ •coll~ctor streets, arterial streets, and other ~treet facility 2~ improvements, the City Counci.l of the Ci.ty o~ Chico, some time aga, 23 cQr~ut~i.ssioned JHK and Associates to undertake a study of ~ransportation 24 n.eeds in sa~.d ar~a in the fu~ure; and 25 WHEREAS, in ~heir study, JHK and Associates were charged w~.th the 2~ responsibili~y a~ predicting ~uture ~raffic 1evels in the said area, 27 identi.fying the street facility improvements which would be necessary 2g ~o accommodate such future traf~ic 1evels, and recom~nending a -].- 1 2 3 ~ 5 6 7 mechanism for financing such street facili'ty impro~rements; and WHEREAS, a.n ~he final report of JHK and Associates dated November I982, and entitled "Chica Urban Area Transportation Study", a copy of rahich is on file in the office of the Clexk of this Board, JHK and Associates concluded, among o~her things, that since the cost o~ coll.ector streets, arterial streets, and other ~treet fac~lity impravements recommended by the study grea~ly exceeds ~he amoun~ af local ~unds historically available for capi,ta~ z.mprov'ement proj~cts in the said area, serz.ous cansideration wou3.d have to be given to funding a subs~antial portian of such cost through street facility improvemen~ $ 9 14 lI 12 13 14 15 lfi I7 18' X9 2D 21 22 9~ ~~ 25 26 2'7 28 fees imposed on new devel.opmen~; and WHEREAS, since ~he campletion af the Chico Uxban Area Transportation Study, additional stud~es have been p~rforn~ed by the Ci~y and others which £urther support and define ~he need for stree~ faci.lity ~r~pravement fees; and WHER~AS, the Ci.rc~lati~n Ele~nent of the Butte Caunty Genera~ Plan exp~esses a~ pages 36, 37 and 42 the goals of coordina~ing City and County road standards in urban areas and coapera~.ing with the Ci~y of Chico i.n developing a capita~ improvement plan far streets and highways in the Chico Urban Area, refers at page ~43 to tra~~ic volumes ~fo~casted by the Chico Urban Axea Transpor~ation Study and proposes developer fees on a11. new development in ~he Chico Urban Area to f,inance street and highway improveFnen~.s, nates a~ page 43 that such a funding mechanism would require City-County caapera~ion in order to be successful and equitable and expresses in palicy 4.1.10 at page 76 that new Iand divisions sho~l.d be held respon.sible for their €air share o~ the off-site road impro~crements needed to handle the traffic ~.ncreases that they cause; and -2- 1 2 3 4 5 fi 7 S 9 10 11 ~2 I3 14 lb 16 17~ i8 19 20 21 22 23 24 25 26 27 28 WHEREAS, the Circulation Element of the Butte County General Plan sta~e~ at page 55 that th~ Chico Urban Area Transportation Study "...should be f~ne-tuned and developed into the basis for an u~ban area circulation el~ment to be used for planning and financing the urban area's future circuiation needs and requirements..," and ~~ates in policy 14.1.3 at page 86 that the County wil~ caoperate with the City of Chico in the continued refinement of the Chzca Urban Area Transportatio~ S~udy and its ~ra~fic projections and forecasts; and WHEREAS, the Chico Urba~ Area Transportatzon Study was upda~ed in Ju~y 1988 by the City of Chica and a copy of said update is on file in the a~fice o~ the Clerk of th~s Board; and WHEREAS, in ord~r to carry out the recommendation of JHK and Associates, and, in particular, because no other feasib~e means appear to be avai~able to fund all of the costs of n~w col~ector streets, arterial s~reets, and other street facility improvements required by reason o~ new develQpment acc~rring in the City of Chico, the Chico City Counc~I. and adopted Ordinance 1685 authorizing ~.he establishment of street facility improvemex~t fees and has established such fee~ by Resa].~.tian:; and WHEREAS, in order ~o carry out ~he recommendatian of JHK and Associates, and, because no other teasibl.e means appear to be avaa.lable to fund all ot ~he costs of new collector s~reet~, arterial s~.reets, and other s~reet faci~i~y improvements required by reason of n~w develop~ne~t occurring in the said area, and to caordinate and cooperate with th~ City o~ Ch~.co ~or the orderl.y deve~opment of the ~Chi.co Urban Area, the Board of Supervisors ~f the County of Butte now ~desires to adopt this Ordinance authorizing ~he establishment of ~street faci~i~y improvement fees in. the Chico Urban A~ea. -3- 1 N~W, THEREFORE, THE B4ARD OF SUPERVZSORS OF THE COUNTY OF BUTTE, 2 STATE OF CALIFORNIA, ORDA~NS A5 FOLLOWS: 3 Section 1: Article IV is hereby add~d ~o Chapter 1Q of the Bu~te 4 County Code td read as fo~lows: 5 "CHICO URBAN AREA STREET FACILITY IMPROVEMENT FEES 6 Sec.10-30. Purpose. 7 This Artic~e zs enacted pursuant to Art~cle 2, 8 Sect~on 1 of the Butt~ County Charter and Ar~icle 11, 9 Section 7 0~ the California Consti~u~ion for the purpose 10 of authorizing ~he assessment and Ievying af a stree~ 11 ~ac~lity improvemen~ ~ee upan the awners of rea~ praper~y 12 located in the unincorporated area of the County of Butte X3 within the Chico Urban Area, as depicted on the map which 14 is attach~d as Exhibit A to Resolution 87-~5 adopted by i~ the Butte County Board of S~pervisors on February 3, 16 1987, in a sufficient amount to defray the cost af 17 improvement~ to street faci~ities therein made necessary 18 by an increase in motor vehicle trips result~ng from I9 improvements to or any change in the use o~ such 2~ praperty. 21 5ec.10-31. Definition of "Street Facilit Im rovement." 22 As used zn ~his Art~cle, the term "Street Facility 23 Improvement" shall mean any collector street, arterial 24 street, or other major street or highway, any bridge, 25 storm drain, sidewa~k, curb, gutter, street light, 26 traffic signa~, stree~ sign~ or other facility necessary 27 or appur~enant to a collector street, arteria~ s~reet, or 28 o~her majar street or highway, and any reai property -4~ 1 2 3 4 5 6 7 8 9 ln ~~ 12 I3 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 acquir~d ~or the p~rpos~ af constructing and instaZ~ing a collector s~reet, arterial street, or other major str~et or highway, or any bridge, storm drain, sidewa~k, curb, gutter, stree~ Iight, tra~~ic signal, street sign, or other facility necessary and appurtenant thereta. Sec.~O-32. Im as~tion of Street Facil~t Im rov~me~t Fees. A street faci~ity imprvvement £ee is hereby assessed and levied ~pon th~ owners of real p~operty located in th~ Ci~y at the time o~ the occurrence of any of the following event~ affecting th~ improve~ents ~o and/or use af such proper~y: (a) The construction of a new building or structure on such prope~ty: (b} An aZteration ar addition to an exis~ing building ar structure on such property which resu].ts in an expansion o~ the floor area of the building ar structure; and (c) A change ar expansion in the use of such property or any building or struc~ure 1.ocated therean which results ,in an increase in the number o~ mo~.or vehicle trips generated by the us~ of the property or any building or structure Iocated therean based on the "average trip rates" establ.ished by the institut~ of tra~fic engin~ers ar other recag~ized autharity. Sec. 14-33. Es~ablishment of Street Facility Improvement Fees. The street £acility improvement fees assessed and 1.evied pursuant to the provisions of this Ar~.icle shall be in accordance with a~ee schedule adopted by resolution of the Board of Superv~sors and shall be based ~~_ 1 on the follawing ~actors: 2 (a) The type and exten~ of the street faci~i~y 3 improveme~ts which will be required as a result o~ the 4 development and/or use or real property lik~~y to occur 5 within the Chico Urban Area during the next 20 year 6 periad; 7 (b} The estimated cost af the street ~acility 8 improvements required as a resuYt df ~he development 9 and/or use of real proper~y lik~ly to occur within the 10 Chico Urban Area duri~g the next 2Q year period; 11 (c} The portion of the esti~ated cos~ of the s~reef 12 facility improvements r~q~ired as a~esuit af the 13 developmen~ and/or use of rea~ proper~y 1ike~y to occur 14 within the Chico Urban Area during ~he next 20 year 15 period which cannot be funded with revenue sources 16 available to the Coun~y o~her than street facility 17 improvement fees; and 18 {d) The pro rata share of the unf~nded cost o~ the I9 street facility improvement~ required for the develapment ~Q and/or use of real proper~y iikely ~a occur within ~he 21 Chica Urban Area during the next 20 year period which is 22 attributable to a parcel Qf real property devoted ~o a ° 23 particular kind of use, calculated from the "average trip 24 rates" for the va~iaus us~s o~ rea1. property as 25 es~ab3.ished by the ~nstitu~e o~ Traffic Enginee~s or 26 o~her recognized au~hority. 27 /// 28 /// -6- 1 Sec. 10-34. Periodic Ad'ustments to Street FaciZi~ Im rovement Fees. 2 3 Follawing the adoption of a fee schedule pursuan~ to 4 Section 10-33, the Board o~ Superviso~s shail, once each 5 ~isca~ year, review such schedule and shall, by 6 resolutian, either increase or decrease such fees to 7 accaunt far any chang~s in the ~ype or extent of the S street facility improvemen~s which will be requir~d as 9 the resu~t of the development and/or use af real property 1D likely to occur within the Chico Urban Area during the il next succeeding 20 year period; any change in the 12 ~stima~ed cost of such street faci~ity improvemen~s; or 13 any change in the portion of the esti~ated casts af such 14 stree~ ~aeility impravemen~s which cannat be funded from 15 revenue sources available to the County o~her than stree~ 16 facility improv~men~ ~ees. 17 In determining whether ~a increase or decrease I8 street facility improvement fees by reason of a chang~ in 19 the estimated cost o~ street fac~~ity improvements, the 20 Board of Supervisars shall base i~s determination on the 21 net pexcen~age increase or decr~ase in the Engineering 22 News Record cost index for San Francisco (based on 1913 23 U.S. average = 1Q0}, ar other szmilar index, between the 24 date of such increase and decr~ase and the date of the 25 most recent resolu~ian of the Board of S~pervisors ~6 adopting or adjus~ing such a fee schedule. 27 In connection with such review of the fee schedule 28 the Board of Supervisors shall make findings pursuant to -7- 1 2 3 4 5 6 7 S 9 10 11 x2 13 14 15 16 17 ~$ I9 20 2~ 22 23 24 25 26 27 28 Government Code Sectian 66001(d) with respect to any portian o~ such ~e~s as have been paid and deposited bu~ remain unexpended o~ uncommitted. Sec.10-35. Credits Against Street Facility_Improvement Fees. In any resolution ini~ial~y es~abZish~ng a street facility improvement fee schedule or periodical~y adjusting such schedule, the Board of Supervisors may aZso establish an appropriate credit against the s~reet faci~ity improvement fee levied and assessed upon the owner o~ praperty which is located within a special assessment district formed for a purpose that included ~he canstruction and instalZatian of street facility i~provemen~s and which is equal in amount to such property's pro rata share of tha cost af any portion of such street £aciliti~s that are of some general benefit to the Chica Urban Area or any portian thereof outside of the assessment di~trict boundaries. Sec. 10-36. Exceptions. N~twi~hstanding any provisions of this Ar~icle to ~he cantrary, a street facility fee sha~l nat be assessed ~• and Ievied upon the owner of real prop~rty ~ocated in the Ch~co Urban Area upon the occurrence or any o£ the fol~owing even~s affecting the improvements to and/or us~ of such property: (a} The r~cons~ruction o£ a building ar struc~ure which was destroyed or damaged by fire or other casualty, or voluntarily demo~~shed by the ow~er thereof, prnvided the size of the recanstructed building o~ str~c~ure ~s no -8- X greater than the size of ~he destroyed, damaged, or 2 demolished bui~ding ar structure. ~ {b) The construat~on of, expansion of, or addition to a ~ public~y owned building or st~ucture, or the commencement 5 of expansion a~ the use of a building ar structure for 6 public purposes. However, at ~he ~ime of constructing, 7 expanding, or adding to a Caunty awned bu~lding or g structure, the Board o~ Supervisors shall consider the g need ~or add~tianal street fac~lity improvements caused ~p by s~ch bui~ding or s~ructure, and, where appropria~e, ~~ shall con5truct and ins~all or fund the construction and ~~ insta~lation of such s~ree~ facility improvements. i~ Sec. 10-37. Payment af Street Fac~~ity Improvement Fees. ~~ The s~~eet facility improvement fees assessed and ~5 Ievied pursuant to the provisions o~ this Article sha~l lg be due and payable as f~llaws: 17 (a) Where the street facility improvement fee is lg assessed and lev~ed upon the owner of real praperty ~g loca~ed in the Chico Urban Area a~ ~h~ ~i~e of the 2p construct~on of a new buzlding or s~ructure on such ~1 • prope~ty or at the time an a~teration or additian ~s made ~2 to an existing building or structure an such prope~ty, 23 such fee will be due and payable pxior to the iss~ance of 24 a building p~rmit for s~ch new building or str~cture or ~5 alteration or addition ~o such existing building or 26 structure. ~~ (b) Where the s~reet faczlity impravement ~ee ~s 2g assessed and levied ~pon the ow~er of real property -9- 1 2 3 4 5 6 7 8 9 10 lI 12 I3 14 15 16 17 18 19 20 21 22 23 24 25 2fi 27 28 located in the Chico Urban Area at the time of a change or expansion in the us~ of such proper~y or any building ar structure lacated there~n which does not requ~re a bui~ding permit, such fee wi11 be due and payable prior ta the iss~ance of a certificate af occupancy far such change or expanded use; prQVided ~hat where a certificate of occupancy is not ~equired ~or a change or expansion in the use of such property or any building ar ~txucture loca~ed thereon, then such fee wiil be due and payable prior to the co~r~m~ncemen~ o~ the changed or expand use. Sec.10-38. Other Street Improvemen~ Reauirements. The provisions of this Article shall not re~ieve any owner o£ real p~operty Iocated with~n ~he unincorpora~ed area af the Chico Urban Area from the ob~igation of complying with any s~reet improv~m~n~ requ~rements which are imposed pursuan~ ~o the other provisions of this code a~ ~he time o~ approval of a subd~vis~an map, parcel map, building permit, or other ~and use en~itlement. Sec.10-39. Re~znbu~sements far the "Oversizin Costs" o~ Street Facili~y Improvem~n~s Required inc~dent to ~he A~nrova~ of a Subdiviszon Map. ~• (a) Any subdivider o~ real property located within the unincorporated area o~ th~ Chico Urban Area who is requi~ed to construct a~d install street £acility improvements inciden~ ~o the approval af a subdivision map or parcel map shall be reimbursed by the County for the cost of any portion of s~ch street facility improvements which were i~ excess of that reasonably nec~ssary to serve property located within such ~and -10- 1 2 3 4 5 6 7 8 9 14 11 12 i3 I4 I5 lfi 17 18 19 20 21 22 23 24 25 26 27 28 division as determined by the director or public works (hereinafter referred ta as the "oversizing costs" of street £aci~ity improvements). (b) Any reimbursements for the oversizing costs o~ street facili~y improvements required by the provisions of this section shalL b~ made in accordance with the terms and conditians of a wri~ten reimbursement agreement between the County and the subdivider which shall provide ~or the paym~nt ~o the subdivider of that partion of the street faci~i~y improvement fees received by the County pursuant to the provisions of this Article which is reasonably calculated to reimburse the subdiv~der for ~he oversizing costs of such str~et ~aciZity improvements aver the 15 year period following the execution o~ s~ch reimbur~ement agreement as determined by the director of public works, ~ess a sum ~qual to the Coun~y's reasonab~e cast to administer the reimbursement agr~emen~ as es~ablished by resolution to the Baard o~ Supe~visors. (c) Any reimbu~semen~ agreements far the oversizing cos~s of street facility improvements required by ~he provisians af this sec~ion shall be in a form appraved by the Coun~y Counsel, and shall be exec~ted at the time of app~ova~ of a final subdivision map, final parcel map, or a certificate af campliance. Sec.10-40. Disposition o~ Fee Revenues. All revenues r~ceived by the County ~rom the street ~acility improvement £ees ~55~55@d and ~evied pursuant to the provisions of this Ar~ic~e shall be deposi~ed, -I1- 1 2 3 4 5 6 7 $ 9 10 lI 12 ~3 14 15 ~6 17 1$ ~s 20 21 22 23 24 25 2~ 27 28 invested, accounted for and expended pursuant to Government Cade Section 53077 ~or the purpose o~ constructing, ~ecanstructing, or instal~~ng street fac~~ity impro~ements, or ~or the purpose o~ making any payment under a reimbursement agreement executed pursuant to the provisions of ~his Article." Section 2. Chapter 20 0~ ~he Butte County Code entit~ed "Suhd~visions" is hereby aFnended by addi~g thereto Section 20w65.Z to ~ read as follows: Sec.20-65.1. Chico Urban Ar~a Road Fees;Nota~ion on F~nal Map. As a condita.on of approval of ~.entative subdivision maps pertaining to property in the unincorparated area a~ the Chico Urban Area, the Advisory Agency shall require that the final maps contain th~ following notation regarding ~he street facili~y improvemen~ fees assessed and levied pursuant ~.a the pravisions of Article IV a~ Chap~er 10 af ~his code: "In accordance with the provisions of the Buf.te County Code, a street facili~.y improvement ~ee ra~ill be assessed and levied upon the owner of any lot or parcel within this subdi.visian at ~.he time a new b~ilding or strucfure is constructed on such Iot or parcel, at the time an alteration or addition is made to an~ existzng building or structure on such lot or parc~l which resu~.ts in an expansion af the floor area of the building or structur~, or at the time a change or expansion is made in the use of such lot or parcel. or any building or st~ucture located thereon which res~lts in an increase in -i2- 1 the n~mber of motor vehicle trips generated by the use o~ 2 the lot or parcei or any b~iiding or structure located 3 thereon,,~ ~ The provisions of this section, however, shall be 5 deemed to be directory only, and the failure of any fina~ 6 map to contain a notation regard~ng the street facili~y ~ improvement fees provided for by Article TV of Chapter 10 g of this cade shall not be construed to preclude or g prev~nt the assessment and levying of such fees in the ip manner set forth therein. 11 Sect~on 3. Chapter 20 of the Bu~te County Code entitled ~2 '°Subdivisions" is h~reby amended by adding thereto Section 2a-~4Q.05 13 to read as fallows: ~~ Sec.20-100.05.Chico Urban area Road Fees;Notation on Parcel Ma ~5 As a condit~on af approva~ of parcel maps pertaining ~6 to property in the unincorpoxated area of the Chico Urban X7 Area, the Advisory Agency sha11 require tha~ the parce~ ig maps can~ain the follawing notation regarding th~ street lg ~acility improvement ~ees assessed and Ievied pursuan~ to 2D the provis~ons of Article IV of Chapter 10 of this code: 2~ • "In accordance with ~he provisions of the Butte 22 Co~nty Code, a street facility improvemen~ fee wili be ~3 ass~ss~d and ~evied upon the owner o~ any lot or parcel 24 within ~his land division at th~ time a new building or 25 structure is constructed on such lot or parcel, at the 2~ ~ime an al~eration or addit~on is made to an existing 27 building or structure on such 1ot or parcel which results 28 in an expansion of the f~oor area of the building ar -13- 1 2 3 4 5 6 7 $ 9 IO 11 12 13' ~4 I5 16 17 18 19 20 21 22 23 24 25 2fi 27 28 structure, or at the time a change or expansion is made ~n the use of such 1ot or parcel or any building or structure lacated thereon which results in an ~nerease in the n~ib~r of mo~or vehicle trips generated by the use of the lot or parce~ or any bui~ding or structure ~oca~ed ~hereon." Th~ provisions of this section, however, shall be deemed to be directory on1y, and the failure of any ~inal map to eantain a natation regarding the street facility irnprovement fees provided for by Artic].e IV of Chapter 10 of this cod~ shall not be construed to preclude or prevent the a.ssessment and l~vying o~ such fees in the manner set forth therein. Section 4. This Ordinance is hereby and it is declared to be ~n ful~. force and e~fect from and after ~hir~y (30) days after ~he date o~ its passage, and b~fore the e~pira~ion of fi~~een (I~) days after its passage, this Ordinance sha11 be pt~blished once with th~ names of the members of the Board of Supervisors vating ~or and against i~ in the ' Chico Enterpr~se Record , a newspap~r published in the County o~ Butte, Sta~e o£ Cal.ifornia. I~• PASSED AND ADOPTED by the Butte County Board of Supervisors fhis 16th day of q~~~G~, , 1988, by the foll.owing vote: AYES: Super~isors Dolan, Uercruse and Cha-irman McInturf NOES; None AsSENT; Superv-i sars Ful ton anci McLaugh 1 i n NOT VOTTNG; None HASKE Mc~NTURF, CHAI Butte Coun~y Board a uper~risors ATTEST: MA IN J. NICHO S, Chief Administra~.ive Of ~c~r and C1erk of the Boa~d ,,.