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HomeMy WebLinkAbout30811 Ordinance No.30g1__ 2 AN ORDINANCE OF THE COUNTY OF BUTTE 3 ADDING ARTICLE V TO CHAPTER 16 OF THE BUTTE COUNTY CODE TO ESTABLISH PARK FACILITY FEES IN THE 4 DURHAM RECREATION AND PARK DISTRICT. ~ The Board of Supervisors of the County of Butte ordains as follows: 6 Section 1. Article V is hereby added to Chapter 16 of the Butte County Code, entitled "Parks and ~ Recreation", to read as follows: 8 9 ARTICLE V 10 PARK FACILITY FEES IN THE DURHAM RECREATION AND PARK DISTRICT 11 12 SECTION 16-40. Purpose. This Article is enacted pursuant to Article I, Section 1 of the Butte i3 County Charter and Article XI, section 7 of the California Constitution for the purpose of authorizing a 14 park facility fee to be assessed and levied upon any owner of real property located in the unincorporated 1~ area of the County of Butte within the Durham Recreation and Park District adding one to mare dwelling 16 units to such property. Said fee is to be in an amount determined necessary to fund the acquisition and 17 development of park facilities required to serve the cumulative recreational needs of those persons residing 18 in such dwelling units. 19 SECTION 16-41. Findings. The Board of Supervisors makes the following findings and 20 determinations required by Section 6b001 of the California Government Code in regard to the park facility 21 fees assessed and levied pursuant to the provisions of this Article. 22 A. Importance of ap rks: increased need resultin from new residential 23 development. 24 The presence of park facilities within the Durham Recreation and Park District contributes significantly 2S to the beauty and ambiance of said area together with the physical health and emotional well being of its 26 residents. New residential development occurring within said area will create a need for the acquisition 27 28 1 1 and development of additional park facilities within said area in that the existing park facilities, including 2 Durham Community Park, are insufficient in number, size, location, and the kinds of recreational 3 opportunities which they present, to meet the park and recreational needs of both the existing residents 4 of said area plus those additional residents who will eventually inhabit such new residential development. 5 Based on the general plan of the County of Butte as well as the Park and Recreation Master Plan prepared 6 for the Durham Recreation and Park District, new residential development occurring within said area will 7 create the need for at least one and nine-tenths (1.9) acres of neighborhood park, five (S) acres of 8 community park, three (3) acres of linear park and two and two-tenths (2.2) miles of bike trailway 9 facilities, developed primarily for active recreational pursuits, for every one thousand (1,000) new l0 residents who eventually inhabit such new residential development. By reason of the foregoing, the Board 11 of Supervisors determines that there is a reasonable relationship between the need for the park facilities 12 to be funded with the park facility fees provided for by this Article and the residential development upon 13 which such fees are imposed. 14 B. Use of revenues from fees to meet nark needs. All revenues from the park facility fees 15 assessed and levied on new residential development pursuant to the provisions of this Article will be used 16 for the acquisition and development of additional park facilities within the Durham Recreation and Park 17 District which will meet the need for such facilities caused by such new residential development. zn 18 accordance with the provisions of this Article, all such revenues must be deposited in a park fund and 19 thereafter appropriated by the Board of Directors of the Durham Recreation and Park District for the 20 acquisition and development of park facilities of benefit to the persons residing in the residential 21 development upon which the fees are imposed. By reason of the foregoing, the Board of Supervisors 22 determines that there is a reasonable relationship between the use of the park facility fees provided for 23 by this Article and the residential development upan which such fees are imposed. 24 C. Fees do not exceed Ievel necessary to meet need. The park facility fees assessed and 25 levied an new residential development pursuant to the provisions of this Article will not exceed that which 26 is necessary to fund the park facilities attributable to the residential development upon which such fees 27 28 2 1 are imposed. In particular, the park facility fees assessed and levied on new residential development will 2 be equal to that necessary to fund the one and nine-tenths (1.9) acres of neighborhood park, five (5) acres 3 of community park, three (3) acres of linear park and two and two-tenths (2.2) miles of bike trailway 4 facilities heretofore found to be necessary for every one thousand (1,000) new residents who eventually 5 inhabit such new development. By reason of the foregoing, the Board of Supervisors determines that 6 there is a reasonable relationship between the amount of the park facility fees provided for by this Article 7 and the cost of the park facilities attributable to the new residential development upon which the fees are 8 imposed. 9 SECTIQN 16-42. Definitions. Unless the contrary is stated or clearly appears from the 10 context, the following definitions shall govern the construction of the words and phrases used in this 11 Article: 12 A. Durham Community Park. The term "Durham Community Park" shall mean the 13 approximately twenty-five acre park owned by the Durham Recreation and Park District located adjacent 14 to the Durham-Dayton Highway and approximately one mile east of the intersection of Durham-Dayton 15 Highway and the Midway in Durham, together with any additions made to said park. 1b B. Durham Recreation and Park District. The term "Durham Recreation and Park District 17 "shall mean the area within the existing boundaries of said district, together with any additional area 18 annexed thereto. The "Durham Recreation and Park District" is generally depicted on the map of the 19 Durham Recreation and Park District Master Plan. 20 C. Community Park Facilities. The term "community park facilities" shall mean any park 21 facilities which are intended to serve the recreational needs of all of the residents and other inhabitants 22 of the Durham Recreation and Park District. The term "community park facility" shall include creekside 23 greenways, trail systems, and other lineal park facilities. 24 D. Congregate Housing and Care. The term "congregate housing and care" shall mean 25 housing which provides living quarters for persons who are fifty-five (55) years of age or older, and, in 2b addition thereto as a part of the lease, rental or purchase agreement, or other terms or conditions of 27 28 3 1 occupancy, also provides, or offers to provide, common recreational facilities or services. 2 E. Dwelling Unit. The term "dwelling unit" shall mean any building or mobilehome, or 3 portion thereof, used or designed for use as a residence by an individual or any group of individuals living 4 together as a family. 5 F. Neighborhood Park Facilities. The term "neighborhood park facilities" shall mean any 6 park facilities which are intended to serve the recreational needs of only a portion of the residents and 7 other inhabitants of the Durham Recreation and Park District. S G. Park Facilities. The term "park facility" shall mean parkland and all improvements 9 to such land and the adjoining rights of way which are determined necessary for the development and use 10 of the land for park and recreational purposes. 11 H. Assessable Space. The term"assessable space" shall mean all of the square footage 12 within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, 13 patio, enclosed patio, detached accessory structure, or similar area. The amount of square footage shall 14 be calculated by the Building Division of the Development Services Department of the county, in 15 accordance with the standard practice of the county in calculating structural perimeters. lb SECTION 16-43. Imposition of nark facility fees. A park facility fee shall be assessed and 17 levied upon any owner of real property located in the unincorporated area of the Durham Recreation and 18 Park District adding one or more new dwelling units to such property incident to the construction of a 19 new building on the property, the installation of a mobilehome on the property or connection thereof to 20 utilities, the alteration or construction of an addition of assessable space of five-hundred (500) square feet 21 or greater to an existing building or mobilehome on the property, or the change in use of a nonresidential 22 building or mobilehome on the property to a residential use. Fees assessed and levied hereunder as to 23 the installation of a mobilehome or the connection of a mobilehome to utilities shall only be assessed and 24 levied at the initial location of said mobilehome in the Durham Recreation and Park District and if such 25 location is on a space, site or other property on which no other mobilehome was previously located. 26 27 28 4 1 SECTION 16-44. Amount of >l ark facility fees. The amount of the basic park facility fee 2 assessed and levied pursuant to the provisions of this Article shall be equal to the total amount of square 3 footage being added to the property multiplied by the park facility fee per square foot established by 4 resolution of the Board of Supervisors based on the following: 5 1. The estimated cost of developing a one and nine-tenths (1.9) acres of neighborhood 6 park, six and five-tenths {6.5) acres of community park, three {3} acres of linear park and two and two- ? tenths (2.2) miles of bike trailway facility for every one thousand (1,000) new residents in the Durham $ Recreation and Park District, as determined, whenever possible, from the mast recent park facilities 9 acquired and developed ;m the Durham Recreation and Park District either by the County of Butte or the 10 Durham Recreation and Park District, divided by; 11 2. The average square footage of residential units within the Durham Recreation and Pazk 12 District, as determined from records of the Building Division of the Development Services Department 13 and the County Assessor. 14 SECTION 16-45. Exemptions from park facility fees. Notwithstanding any provisions of this 1S Article to the contrary, a park facility fee shall not he assessed and levied upon an owner of real property lb located in the Durham Recreation and Park District adding one or more dwelling units to such property 17 under the following circumstances: 1S A.) Where the dwelling unit is within a building owned by a governmental agency. 19 B.} Where the dwelling unit is within a building which is being reconstructed following 20 damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the 21 number of dwelling units in such reconstructed building is no greater than the number of dwelling units 22 in the building prior to such damage, destruction, or demolition. 23 C.) Where the dwelling unit is within, a part of, or affiliated with a facility used primarily 24 for the congregate housing and care of persons who are SS years of age or alder. 2S SECTION 16-4d. Annual Adjustment to park facilityFees. If on July 1, 1994, or on July lst 2b of any year thereafter, the Durham Recreation and Park District submits documentation substantiating that 27 28 S 1 there has been an increase in the cost of acquiring and/or developing park facilities within the Durham 2 Recreation and Park District, and requesting an increase in the park facility fees assessed and levied 3 pursuant to the provisions of the Article, the Board of Supervisors may increase such fee, in an amount 4 proportional to the increase of such costs. The determination of whether there has been an increase in 5 the cast of acquiring andlar developing such park facilities and the amount of the increase in the park 6 facility fee which is proportional to the increase in such costs, shall be made by the Board of Supervisors 7 based on the following: 8 A. Information re Increase in the cost of acquiring and develTping nark facilities other 9 than the cost of ac~g arkland . The net percentage increase in the Engineering News Record cost 10 index for San Francisco {based on 1913 U.S.average = 100) as last published in the Engineering News 11 Record McGraw Hill Construction Weekly between the date of such increase and the effective date of this 12 section or any prior increase in the park facility fees made pursuant to the provisions of this section. 13 B. Information re Increase in the cost of acquiring arp kland. The best available data 14 pertaining to increases in the price of land in the Durham Recreation and Park District between the date 15 of such increase and the effective date of this section or any prior increase in the park facility fees made 16 pursuant to the provisions of this section. 17 SECTION 16-47. Payment of Park Facility Fees. 18 A. Time of Payment. 19 The park facility fees assessed and levied pursuant to the provisions of the Article shall be 20 due and payable prior to: 21 (1} the issuance of a building permit far the construction of any new building in which such 22 dwelling unit is to be located or for the alteration or construction of an addition of 23 assessable space of five-hundred (500} square feet or greater to any existing building or 24 mobilehome in which such dwelling unit is to be located, or for the change in use of a 25 nonresidential building or mobilehome to a residential use; 26 (2) the issuance of an installation or utility connection permit for a mobilehome in which such 27 28 6 1 dwelling unit is to be located; or 2 (3) the occupation of such dwelling unit. 3 B. Pam ent to Durham Recreation and Park District; Certification of yayrnent. 4 Such fees shall be paid to the Durham Recreation and Park District, which shall certify to 5 the County of Butte, Department Development Services, Building Division that the fees have been paid. 6 SECTION 16-4$. D.,,_, epOSlt of mark facility fee revenues in nark facility fund. 7 All revenues from the park facilities fees assessed and levied pursuant to the provisions of this 8 Article shall, when received by the Durham Recreation and Park District, be deposited in a separate park 9 fund, and thereafter appropriated and used only for the acquisition and/or development of either 10 community park facilities or neighborhood park facilities in the manner hereinafter provided by this 11 Article. 12 SECTION 16-49. Appropriation of Park FacilitX Fee Revenues for the Ac uq isition and 13 Development of Park Facilities. 14 All revenues from the park facility fees assessed and levied pursuant to the provisions of this 15 Article and received by the Durham Recreation and Park District and deposited in a separate park fund 16 shall be appropriated by the Durham Recreation and Park District Board of Directors in a manner 17 consistent with the Master Plan of the Durham Recreation and Park District and only for the acquisition 18 andlor development of: 19 1) Neighborhood park facilities which are determined by said Board to be of benefit to all 20 persons residing within the zone of benefit established for the neighborhood park for which fees were 21 paid. In making such determination, the said Board may consider the special recreational needs, if any, 22 of those persons residing within said zone of benefit; or, 23 2) Community park facilities which are determined by the Board to be of benefit to all persons 24 residing within the unincorporated territory of the Durham Recreation and Park District. 25 26 27 28 7 1 SECTION 16-50. Report re Disposition of Park Facility Fee Revenue• Action re 2 Unappropriated Revenues 3 A. Report ~ the Durham Recreation and Park District. 4 Commencing July 1, 1994, and on July 1st of each year thereafter, the Durham Recreation and S Park District shall provide the Board of Supervisors with a report which sets forth the total amount of all 6 park facility fee revenues that were received and deposited in the park fund in each fiscal year prior to 7 the date of such report, the disbursements from said fund and the amount which remains unappropriated $ as of the date of the report. 9 B. Action ~ the Board of Supervisors. 10 Commencing with the fourth fiscal year following the first year of receipt of any revenues from 11 park facility fees assessed and levied pursuant to the provisions of the Article, and in each fiscal year 12 thereafter, the Board of Supervisors, following receipt of the Durham Recreation and Park District's 13 report, shall take one of the following actions with respect to any unappropriated park facility fee 14 revenues in the park fund which were received and deposited in such fund four or more years prior to 1S the date of such report: lb 1. Order the appropriation of all or any part of such unappropriated park facility fee 17 revenues for the acquisition andlor development of community park facilities and/or neighborhood park 1$ facilities in the manner hereinbefore provided by this Article; 19 2. Make a finding with respect to all or any part of such unappropriated park facility fee 2a revenues which identifies the purpose to which the revenues are to be put and which demonstrates a 21 reasonable relationship between the fees from which the revenues are derived and the purpose far which 22 they were charged; or 23 3. Order the refund of all or any part of such unappropriated park facility fee revenues, 24 together with any interest accrued thereon, to the current owner of any property for which fees were paid; 2S provided, however, that if the administrative costs of refunding such unappropriated park facility fee 26 revenues exceed the amount to be refunded, the Board of Supervisors, after considering the matter at a 27 28 S 1 2 3 4 5 6 7 S 9' 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 2$ public hearing, notice of which is given in the manner provided for the Section 66001 (f) of the California Government Cade, may order the appropriation of such revenues for any other facility or improvement for which development fees are charged or otherwise imposed pursuant to this code and which the Board of Supervisors determines will benefit the properties for which the park facility fees were paid. Section 2. Severability. 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 the remaining parts of this ordinance. Section 3. This Ordinance shall be and it is hereby declared to be in full force and effect from and after thirty (30) days from the date of its passage, and before the expiration of fifteen {15) days after its passage, this Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Chico Enterprise Record, a newspaper published in the County of Butte, State of California. PASSED AND ADOPTED by the Butte County Board of Supervisors this 27th day of duly , 1993 by the following vote: AYES: Supervisors Dolan, McLaughlin, Thomas and Chair Houx NOES: Supervisor Meyer ABSENT: None NOT VOTING: None Mary A ne Houx, Chair Butte County Board of Supervisors ATTEST: 3OHN BLACKLO K, Chief Administrative Officer and Clerk of the rd of Supervisors 9