HomeMy WebLinkAbout2943-l
1
AN ORDINANCE ADDING ARTICLE V TO CHAPTER IO OF THE BUTTE
COUNTY CODE ENTITLED "NORTH OROVILLE/THERMALITO TRAFFIC TMPACT FEES"
3
Ordinance No . 2943
4
The Board of Supervisors of the County of Butte ordains as
5
follows
G
Section 1. Article V is added to Chapter 10 of the Butte County Code
7
to read as follows:
ARTICLE V. NORTH OROVILLE THERMALITO TRAFFIC IMPACT FEES
9
Section 10-50. Pur ose.
10
This article is enacted pursuant to Article I, Section 1 of the
11
Butte County Charter and Article XI, Section 7 of the California
12
Constitution for the purpose of assessing and levying traffic impact
13
fees upon the owners of real property located in the North
14
Oroville/Thermalito traffic benefit area, as depicted on the map
15
attached hereto as Exhibit "A", in amounts sufficient to defray the
15
cost of improvements to traffic facilities therein made necessary by
li
an increase to or any change in the use of such property.
18
Section 10-51. Findings. The Board of Supervisors makes the
19
following findings and determinations required by Section 65001 of the
2t1
California Government Code in regard to the fees assessed and levied
21
pursuant to the provisions of this Article:
22
(a) In 1983 the Butte County Board of Supervisors adopted an
``>3
Environmental Impact Report (EIR) pertaining to the Oroville Area Land
~~
Use Plan, which EIR identified the said plan as having a significant
?5
impact on the transportation system of the Oroville Area; and
~~
(b) The 1983. Oroville Area Land Use Plan EZR recommended a
~~~ traffic study be conducted prior to substantial growth occurring in
~~
-~-
1 order to balance the new land use scenario allowed by the Oroville
~ Area Land Use Plan with transportation infrastructure investment to
3 ensure that the transportation system would continue to move traffic
4 at a reasonable level of service; and '
5 (c) The growth in population and employment in the
~ North/Oroville Thermalito Area has produced significant increases in
~ travel demand which threatens the level of service of the existing
g transportation system unless transportation improvements are made to
g reflect the land use scenario allowed by the Oroville Area Land Use
lp Plan; and
11 (d) The North Oraville/Thermalito Area is currently experiencing
12 substantial growth which is exerting pressure on the transportation
13 system and thereby affecting the personal welfare of every citizen and
14 the productivity of each business within the area; and
15 (e) Several Developers within the community have contributed)
15 toward the financial casts of studying solutions concerning urban
li growth impacts on the existing transportation infrastructure; and
18 (f) The Oroville Area Land Use Plan policies require
ly coordinating City and County transportation planning in urban area and
2g cooperating with the City of Oroville in developing a capital
21 improvement program for streets and highways; and
~2 (g} The Oraville Area Land Use Plan proposes that transportation
23 impact fees be exacted as to all new development which requires City
~q and County cooperation in order for impact fees to be successful and
25 equitable, and it is anticipated that the City of Oroville will assess
~~ and levy traffic impact fees in an amount and in a manner
~7 substantially the same as provided in this Article;
`~ (h) The Board of Supervisors commissioned OMNT-MEANS Ltd. to
_~_
1
9
3
4
5
6
7
8
9
10
11
12
13
14
15
16
li
18
I9
2(1
21
~2
~~
~4
`?5
~~
~7
2t?
coordinate the City of Oroville's and County of Butte's transportation
planning efforts and undertake a study to determine the transportation
facilities needed to support development of the area in accordance'
with the Oroville Area Land Use Plan; and
(i) OMNI-MEANS Ltd. has completed a study known as "Circulation
Study for the North Oroville/Thermalito Area" (dated May 20, 1.991 and
accepted by the Board of Supervisors on June 4, 1991) which evaluated
the existing traffic conditions to provide a benchmark against which
the impacts of future development on the transportation system can be
measured and serves to document existing transportation deficiencies,
thus isolating the impacts of future urban development; and
(j) OMNI-MEANS Ltd. developed a computer-based travel demand
forecasting model to project future traffic volumes on the circulation
system in order to test the benefits/impacts of alternative land use
on street system configurations possible under the County General
Pian; and
(k} OMNI-MEANS Ltd. developed a transportation improvement
program based on traffic projections derived from application of the
travel demand model utilizing future land uses allowed under the
Oroville Area Land Use Plan which will achieve a level of service
threshold of "C" for the transportation network; and
{1} The Board of Supervisors on July 2, 1991 adapted the above
said transportation improvement program as the "North
Oroville/Thermalito Capital Improvement Program" by Resolution No.
91-82 after conducting a duly noticed public hearing in accordance
with the Government Code Section 65090 and receiving a finding from
the Planning Commission that said improvement program conforms to the
General Plan; and
_~_
1
3
4
5
G
7
9
l E1
11
12
i3
14
15
16
li
1H
19
20
21
`?2
`?3
~q
~r~
9~j
~~
2~
{m) The cost estimate of the North Oroville/Thermalito Capital
Improvement Program is $8,074,920, which amount exceeds the amount of
local funds historically available for capital improvement projects
in said area;
(n) The traffic impact fees imposed by this Article on new
development are based on an improvements-driven system, using peak
hour trip generation and one benefit area; and
{o) Said traffic impact fees will fund the construction of
traffic facilities pursuant to the North Orovilie/Thermalito Capital
Improvement Program and will meet the need for the traffic facilities
in question caused by such new development. Tn accoraance win the
provisions of this Article, all revenue derived from such fees must be
deposited in a separate account or fund designated as the North
Oroville/Thermalito Traffic Impact Fee Fund; and
(p) The traffic impact fees assessed and levied on new
development pursuant to the provisions of this Article will not exceed
the amount necessary to fund the construction of necessary traffic
facilities attributable to the new development upon which such fees
are imposed and there is a reasonable relationship between the use of
the fees provided for by this Article and the development upon which
such fees are imposed.
Section 10-52. Definitions. Unless the contrary is stated or clearly
appears from the context, the following definitions shall govern the
construction of the words and phrases used in this article.
(a) North OrovilleJ Thermalito Traffic Benefit Area: The term
"North Oroville/Thermalito Traffic Benefit Area" shall mean the area
depicted on the map referred to as Exhibit "A" in Section 10-50.
(b) Capital Improvement Plan:
The term "Capital Improvement
_A-
1
9
3
4
5
6
7
8
9
14
11
12
13
14
15
15.
li
18
19
~~
21
22
~3
n~
w5
~~
~~
o~
Plan" shall mean that plan adopted by Resolution No. 91-82 passed and
adopted by the Board of Supervisors on July 2, 1991.
(c) Dwelling Unit: The term "Dwelling Unit" shall mean any
building or mobile home, or portion thereof, used or designed for use
as a residence by an individual or any group of individuals living
together as a family or otherwise.
(d) Trip Rate. The term "trip rate" shall mean the average
number of motor vehicle trips generated by specified land uses, as
established by the Institute of Traffic Engineers or other recognized
authority.
Section 10-53. Imposition of Traffic Impact Fees. A traffic impact
fee is hereby assessed and levied upon the owners of real property
located in the unincorporated area of the County of Butte within the
North Oroville/Thermalito Traffic Benefit Area at the time of the
occurrence of any of the following events affecting the improvements
to and/or use of such property:
(a) The construction of a new building or structure on such
property;
(b) An addition to an existing non-residential building or
structure on such property which results in an expansion of the floor
area or property area to be developed; and
{c} A change or expansion in the use of such property or any
building or structure located thereon which results in an increase in
the trip rate generated by the use of the property or any building or
structure located thereon.
Section 10-54. Establishment of Traffic Im act Fees. The traffic
impact fees assessed and levied pursuant to the provisions of thi:
article shall be in accordance with the fee schedule specif led it
-~-
1
2
3
4
5
6
7
8
9
1(1
I1
12
13
14
15
16
li
18
19
9~
21
22
o~
~q
25
~~
`?7
~F
Section 10-55 below, which schedule is based on the following factors:
(a) The type of land use to which the new building, structure,
alteration or addition will be devoted.
(b) The type and extent of the traffic facility improvements
required as a result of the development and/or use of real property,
as specified in the Capital Improvement Plan;
(c) The estimated cost of such facilities which will be
required, as specified in the Capital Improvement Plan;
(d) The portion of the estimated cost of such traffic facility
improvements which cannot be funded with revenue sources available to
the county other than traffic impact fees; and
(e) The pro rata share of the unfunded cost of the traffic
improvement facilities required for the development and/or land use of
real property attributable to a parcel of real property devoted to a
particular kind of land use, calculated from the "trip rate" for the
various uses of real property.
Section 10-55. Amount of Traffic Im act Fees. The amount of the
traffic impact fees assessed and Levied pursuant to the provisions of
this Article shall be as follows:
Land Use Trip Rate Fee
Single Family Residential 1.00 $507 per dwelling unit
Multi_Family Residential 0.60 $304 per dwelling unit
Commercial 40.00 $20,280 per *acre
Office 20.00 $10,140 per *acre
Light Industrial 10.00 $ 5,070 per nacre
Heavy Industrial 2.00 $ 1,014 per *acre
*Calculated pro rata based on a site plan far the area to be developed
Section 10-56. Periodic Ad'ustments to Traffic Im act Fees. Once
each fiscal year the Board of Supervisors may review and increase or
decrease the traffic impact fees to account far any changes in the
type or extent of the traffic facility improvements which will be
-`-
1 required as the result of the development and/or use of real property
2 likely to occur within the North Oroville/Thermalito Traffic Benefit
3 Area or changes in the Capital Improvement Plan or any change in the
4 portion of the estimated cost of such facilities which cannot be
5 ,funded from revenue sources available to the county other than traffic
6 impact fees. In connection with such review of the fee schedule, the
7 Board of Supervisors shall make findings pursuant to Government Code
g Section 66001(d} with respect to any portion of such fees as have been
g paid and deposited but remain unexspended or uncommitted.
lg The amount of the traffic impact fees shall be increased annually
I1 on July 1 of each year based upon the increase, if any, in the
12 Engineering News Record Cost Index for San Francisco (based on 1913
13 U.S. average = 100}, or other similar index, since the adoption of
14 this Article.
15 Section 10-57. Exem tions from Traffic Im act Fees. Notwithstanding
1~ any provisions of this Article to the contrary, a traffic impact fee
17 shall not be assessed and levied upon the owner of real property
l8 located in the North Oroville/Thermalito Traffic Benefit Area upon the
ly occurrence of any of the following events affecting the improvements
~~ to and/or use of such property:
21 (a) The reconstruction of a building or structure which was
22 destroyed or damaged by fire or other casualty, or voluntarily
~~ demolished by the owner thereof, provided the size of the
~4 reconstructed building or structure is not greater than the size of
n~ the destroyed, damaged, or demolished building or structure and there
~~ is no change in the proposed land use which results in an increase in
n~ the trip rate.
~~ (b} The construction of, expansion of or addition to a publicly
_-~ _
l
3
4
~i
fi
7
8
9
10
11
12
13
14
i5
1 ~i
li
18
19
~p
21
22
v3
h~
`?5
~~
`?7
~~
owned building or structure, or the commencement of expansion of the
use of a building or structure for public purposes. However, at the
time of constructing, expanding or adding to a county-owned building
or structure, the Board of Supervisors shall consider the need for
additional street facility improvements caused by such building or
structure, and, where appropriate, shall construct and install or fund
the construction and installation of such street facility
improvements.
Section 10-58. Pa ent of Traffic Im act Fees. The traffic impact
fees assessed and levied pursuant to the provisions of this Article
shall be due and payable as follows:
(a) Where the traffic impact fee is assessed and levied upon the
owner of real property located in the North Oroville/Thermalito
traffic benefit area at the time of the construction of a new building'
or structure on such property or at the time an alteration or addition
is made to an existing building or structure on such property, such
fee-will be due and payable prior to the issuance of a building permit
for such new building or structure or alteration or addition to such
existing building or structure.
(b) Where the traffic impact fee is assessed and levied upon the
owner of real property located in the North Oroville/Thermalito
traffic benefit area at the time of a change or expansion in the use
of such property or any building or structure located thereon which
does not require a building permit, such fee wi11 be due and payable
prior to the issuance of a certificate of occupancy for such change or
expanded use; provided that where a certificate of occupancy is not
required for a change or expansion in the use of such property or any
building or structure located thereon, then such fee will be due and
_a_
1
2
3
4
5
{i
7
9
10
11
12
13
14
15
1~'.
ii
18
19
20
21
22
`?3
2~
25
2~
`?7
2~
payable prior to the commencement of the changed or expanded use.
Section 10-59. Other Traffic Im rovement Re uirements. The
provisions of this Article shall not relieve any owner of real
property located within the North Oroville/Thermalito traffic benefit
area from the obligation of complying with any traffic facility
improvement requirements which are imposed pursuant to the othE
provisions of this Code at the time of approval of a subdivision map,
parcel map, building permit, or other land use entitlement.
Section 10-6Q. North Oroville Thermalito Traffic Im act Fee Fund
The revenue from all traffic impact fees paid in accordance with the
provisions of this Article shall be deposited in a separate capita
facilities account or fund to avoid any commingling of the fees wit
other revenues and funds of the County of Butte, except for temparar~
investments. Expenditure of funds from said account or fund shall b~
soley for the purpose for which the fees were collected pursuant t~
this Article. Any interest income earned by moneys in such separat
account or fund shall also be deposited in said account or fund an
shall likewise be expended only for the purpose for which the fee
were originally collected pursuant to this Article. Said ~separat
account or fund shall be designated as the "North Oroville/Thermalit
Traffic Impact Fee Fund."
Section 2. Severabilit Tf any part of this ordinance shall be hel
void by a court of competent jurisdiction, such part shall be dee
severable, and the invalidity thereof shall not affect the remain
parts of this ordinance.
Section 3. This Ordinance shall be and it is hereby declared to be i
full force and effect from and after sixty (60) days after the date
of its passage, and before the expiration of fifteen (15) days a
_n-
1 its passage, this Ordinance shall be published once with the names of
2 the members of the Board of Supervisors voting for and against it in
3 the droville-Mercury , a newspaper published in the County of
4 Butte, State of California.
5 PASSED AND ADOPTED by the Board of Supervisors of the County of
6 Butte, State of California, on the ].6th day of J'u1 ,
7 1991, by the following vote:
$ AYES: Supervisors Houx, Mclnturf, McLaughlin and Chair Dolan
g NOES : None
]p ABSENT: Supervisor Fulton
]] NOT VOTING: None
12 DOLAN, Chair o tyre--...
Butt County Board of Supervisors
13
ATTEST:
14
WILLIAM H. RANDOLPH, Chief Administrative
]~ Officer and Cler f the Board
1 Fi
By
li
]8
{street.ord) .
19
20
21
~2
~?3
2~
2r,
2~
`?7
~~
..
-~ n_