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HomeMy WebLinkAbout2949.r Ordinance Na. 2949 1 AN ORDINANCE ADDING ARTICLE iI TO CHAPTER 3 OF THE BUTTE COUNTY CODE ENTITLED "DEVELOPMENT IMPACT FEES 3 FOR SHERIFF'S FACILITIES" 4 5 The Board of Supervisors of the County of Butte ordains as 6 follows: 7 Section 1. Article TI is added to Chapter 3 of the Butte County Cade to read as follows: 9 ARTICLE II. DEVELOPMENT IMPACT FEES FOR SHERIFF'S FACILITIES 1 E] Section 3-L0. Pur ase. 11 This article is enacted pursuant to Article I, Section 1 of 12 the Butte County Charter, Article XT, Section 7 of the California 13 Constitution and Section 66000 and following of the California 14 Government Code for the purpose of assessing and levying 15 Sheriff's Facilities Fees upon the owners of real property 15 located in the County of Butte, to include both the incorporated 1r and unincorporated areas, in amounts sufficient to defray the 18 casts of providing Sheriff Facilities therein made necessary by 19 an increase to or a change in the use of such property. ~~ `' Section 3-1Z. Findings. 21 The Board of Supervisors makes the following findings and 22 determinations required by Section 66001 of the California ~~ Government Code in regard to the fees levied and assesse ~q pursuant to the provisions of this Article: "' (a} Population growth in the County generates a demand for ?~' local governmental services, including Sheriff's facilities; ~~ (b} Current Sheriff's Department facilities and equipment ~~ -1- ~ are inadequate to accommodate such growth; ~ {c} The projected costs of the increase in Sheriff's r service facilities to accommodate the growth exceeds the amount 4 of local funds historically and currently available; 5 (d) The Development Tmpact Fees for Sheriff's Facilities ~ imposed by this Article on new development in the unincorporated 7 area of the County are calculated on the basis of the impact of g development and its resulting population growth upon the g fallowing categories of Sheriff's Department facilities: ~~ (1} Jail Facilities ~~ (2) Substations 12 {3} Equipment for additional deputies 13 (e) The Development Tmpact Fees for Sheriff's Facilities ~~ imposed by this Article on new development in the incorporated 15 areas of the County are calculated on the basis of the impact of development and its resulting population growth upon the 16 li Sheriff's Department Jail Facilities. ~~ (f) The impact fees imposed by this article will fund the ly construction of additional jail facilities, substation facilities ~~ and the purchase of equipment for additional officers made 21 necessary by new development. Tn accordance with the provisions w2 of this Article, all revenue derived from such impact fees shall ~~ be deposited in a separate account or fund designated as the: ~~ "Butte County Development Tmpact Fees far Sheriff's Facilities n~ Fund . " 9fi (g) The impact fees assessed and levied on new ~7 development pursuant to the provisions of this Article will not 2H -2- 1 exceed the amount necessary to fund the additional Sheriff's ~ Department facilities attributable to the new development upon 3 which such fees are imposed; and, further, that there is a 4 reasonable relationship between the use of the fees provided by 5 ,this Article and the development upon which such f ees are 6 imposed. ~ Section 3-12. Definitions. g Unless the contrary is stated or clearly appears in the g context, the following definitions sha11 govern the construction 10 of the words and phrases used in this article. 11 {a) "Mobilehome lot" is a pad or any area or 12 tract of land or portion of a mobile home park 13 designated or used for the occupancy of one 14 mobilehome. 15 (b) "Mobilehome" is a structure 1~ transportable in one or mare sections, li equipped to contain not more than one dwelling 18 unit, to be used with or without a foundation 1g system. 20 (c) "Mobilehome park" is any area or tract 21 of land where two or more mobilehome lots are 02 rented or leased or held out for rent or lease `?3 to accommodate mobilehomes used for human ~q habitation. n5 {d) "Multiple dwelling" is as defined in `?Fi Butte County Code section 24-21.11. ~~~ (e) "Singe family dwelling" is as defined ~~ 4 -3- 1 in Butte County Code Section 24-21.11. Section 3-13. Tm osition of Develo ment Tm act Fees For Sheriff 3 Facilities. . 4 An impact fee for Sheriff facilities is hereby assessed and 5 levied upon the owners of real property located in the County of 6 Butte in both the incorporated and unincorporated areas at the 7 time of the occurrence of any of the following events affecting 8 the improvements to and/or use of such property: 9 (a) The construction of a new building or structure on such 10 property; 11 (b) The construction of a new mobile home park; or 12 (c) An increase in the number of mobile home lots in an 13 existing mobile home park 14 Section 3-14. Establishment of Develo ment Tm act Fees Far 1~, Sheriff Facilities. 16 The Development Impact Fees for Sheriff's Facilities 1r assessed and levied pursuant to the provisions of this Article 18 shall be in accordance with the schedule specified in Section 3- 19 15 below, which schedule is based on the following factors: 20 (a) The impact of new development upon the cost of 21 providing jail facilities to accommodate population growth ~2 resulting from new development; ~~ (b) The impact on the cast of providing Sheriff's `?4 substation space and facilities to serve and respond to the law 25 enforcement needs of the new development; ~~ (c) The impact of the growth on the cost of providing `?7 equipment for new deputy sheriff's made necessary by the ~~ -4- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 i6 ii 18 19 ~0 21 ~~ `?3 ~q 25 ~~ `,? t ~~ development. Section 3-15. Amount of Im act Fees For Sheriff's Facilities. The amount of impact fees for Sheriff's facilities assessed and levied pursuant to the provisions of this article shall be•as follows: Land Use Fee fUnincorporate~ Fee Incor orated Single Family Dwelling $360 per dwelling unit $257 Multiple Dwelling $252 per dwelling unit $176 Commercial, Industrial & all other uses $.03 per square foot $.02 per square foot Section 3-16. Periodic Ad'ustments to Develo ment Im act Fees For Sheriff's Facilities. Once each fiscal year, the Board of Supervisors may review and increase or decrease the Development Impact Fees for Sheriff's Facilities to account for any changes in the type or extent of the Sheriff's department improvements which will be required as a result of the development and/or use of real property likely to occur within Sutte County which changes cannot be funded from revenue sources available to the County other than development fees for Sheriff services. In connection with such review of the fees scheduled, the Board of Supervisors shall make findings pursuant to Government Code Section 66001(d) with respect to any portion of such fees as have been paid and deposited but remain unexpended or uncommitted. The amount of the Development Impact Fees for Sheriff Facilities shall be increased annually on July 1 of each year based upon the increase, if any, in the Engineering News Record Cost Tndex far San Francisco (based on 1913 U.S. average = 100), _5_ 1 or other similar index, since the adoption of this Article. ~ Section 3-17. Exem tion From Develo ment Tm act Fees 3 For Sheriff's Facilities. 4 Notwithstanding any provisions of 'the Article to the 5 .contrary, a Development Tmpact Fee for Sheriff's Facilities ~ shall not be assessed where the event causing the imposition of ~ the fee is a result of g (a) The reconstruction of a building or structure which was g destroyed or damaged by fire or other casualty, or voluntarily 1{~ demolished by the owner thereof, provided that the size of the ll reconstructed building or structure is not greater than the size 12 of the destroyed, damaged or demolished building or structure 13 {b) The construction of a publicly owned building or 14 structure the use of which is for public purposes. However, at 1~ the time of constructing, expanding or adding to a county-owned 15 building or structure, the Board of Supervisors shall consider li the need for additional Sheriff's facilities caused by such 1~ building or structure, and, where appropriate, shall construct or ly install or fund the construction and installation of such ~~ Sheriff's facilities. 21 Section 3-18. Pa ent of Develo ment Im act Fee For Sheriff's y2 Facilities. h3 {a) The development impact fee for Sheriff's facilities ~,1 paid pursuant to the provisions of this Article shall be due and ~~, payable upon the issuance of the building permit for new ~~ construction. Tn the case of an expansion of units within an ~7 existing mobilehome park, the fee shall be due and payable upon n~ -6- 1 the issuance or revision of the use permit. In the case of the 9 creation of a new mobilehome park, the fee shall be due and 3 payable upon the issuance of applicable use permit and building 4 permits. (b) The amount of the fees set forth in subsection (a}, fi above, shall be calculated as of the date of the application for 7 the building permit and/or use permit. g Section 3--19. Other Sheriff's Facilities Re uirements. g The provisions of this article shall not relieve the owner 1[1 of any real property located within the County of Butte, both the 11 incorporated and unincorporated areas, from-the obligation of 12 complying with any requirements which are imposed pursuant to 13 other provisions of this code at the time of approval of a 14 subdivision map, parcel map, building permit, or other land use 15 entitlement regarding the funding of Sheriff's facilities. 1F Section 3-20. Devela ment Im act Fee Fund Far Sheriff's 17 Facilities. 18 The revenue from all impact fees paid in accordance with the ay provisions of this article shall be deposited in a separate ~~ capital facilities account or fund to avoid any commingling of 21 the fees with other revenues and funds of the County of Butte, `~ except, far temporary investments. Expenditure of funds from ~,3 said account or fund shall be solely for the purpose for which ~q the fees were collected pursuant to this article. Any interest 25 income earned by monies in such separate account or fund shall ~~ also be deposited in said account or fund and shall likewise be >~ expended only for the purpose for which the fees were originally o~ ~. -7- 1 collected pursuant to this article. Said separate account or ~ fund shall be designated as the "Butte County Development Impact 3 Fees for Sheriff's Facilities Fund." The funds collected 4 pursuant to this Article from development in the unincorporated 5 ,areas of the County sha11 fund the f ollowing Sheriff's 6 Department facilities made necessary by the development and 7 designed to serve such development: g (1) Jail facilities, as to development in both incorporated g and unincorporated areas 1D (2) Substation facilities, as to development in 11 unincorporated areas 12 (3) Equipment for additional Sheriff's Deputies, as to 1~ development in unincorporated areas. 14 The funds collected pursuant to this Article from 15 development in the incorporated areas of the County shall fund 1& the Sheriff's Department Jail Facilities made necessary by the li development and designed to serve such development. 18 Section 3-21. Notation of Subdivision Maps. ly As a condition of approval ~of tentative subdivision maps, ~~ final maps shall contain a notation with regard to the imposition 21 of the Development impact Fees for- Sheriff's Facilities, The ~~ notation shall include information to the effect that a ~~~ Development Impact Fee for Sheriff's Facilities will be required ~4 at the time of the issuance of a building permit or use permit in ~5 the case of a mobilehome park and that such fee will be ~~ determined and calculated as of the date of application for the ~>7 building permit or use permit in the case of a mobilehome park, ~~ y - $ - 1 as opposed to the time of the filing of the final map or issuance ~ of the use permit. 3 Section 2. Severabilit If any part of this ordinance shall be ~ held void by a court of competent jurisdiction, such part shall _be deemed severable, and the invalidity thereof shall not affect 6 the remaining parts of this ordinance. 7 Section 3. g This Ordinance shall be and it is hereby declared to be g in full force and effect from and after sixty {60) days after the lp date of its passage, and before the expiration of fifteen {15) 11 days after its passage, this Ordinance sha11 be published once 12 with the names of the members of the Board of Supervisors voting 13 far and against it in the Chi ca Enterprise Record a newspaper 14 published in the County~of Butte, State of California. 1~ PASSED AND ADOPTED by the Board of Supervisors of the County 15~ of Butte, State of California, on the 20th _ day of l i Afigust , 1991, by the following vote: 1R AYES: Supervisors Eulton, Houx, Mclnturf and Ehair Dolan ~ 9 NOES : None ~p ABSENT: Supervisor McLaughli ti 21 NOT VOTING : None ~2 J OLAN, Chair of the utte ounty Board of Supervisors `?3 ATTEST: WILLIAM H. RANDO H, Chief Admen-' rative 9r~ Officer and Cler of the Board ~~ By `?7 ~~ ( sheriff . ord) -9-