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Ordinance No. 3sa~
AN ORDINANCE ADDING ARTICLE X TO CHAPTER 3, AND AMENDING SECTION 20-
210, OF THE BUTTE COUNTY CODE, REGARDING DRAINAGE IMPACT FEES WITHIN
THE THERMALITO DRAINAGE AREA AND THE CHICO VECINO DRAINAGE AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article X is added to the Butte County Code to read as fioiiows:
PARTICLE X. DRAINAGE IMPACT PEES
Section 3-90. Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County
Charter and Article XI, Section 7 of the California Constitution far the purpose of
assessing and levying drainage impact fees upon the owners of real property located
in specific benefit areas, in amounts sufficient to defray the cost of improvements to
drainage facilities therein made necessary by an increase to or any change in the use
of such property.
Section 3-91. Findings.
The Board of Supervisors maces the following findings and determinations
required by Section 66001 of the California Government Code in regard to the fees
assessed and levied pursuant to the provisions of this Article:
(a) Thermalito Drainage Study and Fees.
(1} The 1979 Thermalito Drainage Study was adopted by the Board of
Supervisors on October 21, 1980, by Ordinance No. 2154. Said study established the
location, size and priority of construction which would resolve drainage problems in the
Thermalito area; and
[2} The Board of Supervisors adopted the drainage fees established in said
study by Resolution 52-106 and, based on public comment, adjusted the development
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fee by Resolution 82-173; and
(3} Said fees were adjusted by the Board of Supervisors on August 7, 1990.
by Resolution 90-123, based on the ratio of: the .luly 1990 ENR CCI (formerly
"Engineering News Record Construction Cost Index"} value of 4734.77 divided by the
1979 ENR CC1 rounded down to the nearest $5.00; and
(4} Said fees have been kept in a separate fund specifically for drainage
improvements in the Thermalito area.
(b} Chico Vecino Drainage Study and Fees
[ 1 } The 1978 Chico Vecino Drainage Study was adopted on October 18, '# 983,
by Ordinance No. 2376. Said study established the location, size, priority of
construction and estimated cost of facilities necessary to resolve drainage problems in
the Chico Vecino area; and
t2} On April 20, 1982, the Board of Supervisors adopted the drainage fees
established by said study by Resolution 82-65, The ENR CCI in April 1982 was
3729.65.
(c} It is in the best interest of the public to have said fees reviewed annually
and adjusted as necessary to insure there are sufficient funds to install the required
facilities, based on the change in the ENR CCI, rounded down to the nearest 55.00. The
October 1996 ENR CCI was 5708.25.
[d} The Board of Supervisors hereby #inds that the fees amended and adapted
by this Article do not exceed the estimated reasonable cost of recovering the actual
expenses for the construction of the drainage facilities specified by the adopted plans
and necessitated by the new development upon which such fees will be imposed. The
Board further finds that there is a reasonable relationship between said fees and the cost
of the drainage facilities needed by and attributable to said new development.
[e} The drainage fees imposed pursuant to this Article will be collected far
public improvements or facilities far which specific accounts have been established and
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funds appropriated and for which the County has adopted drainage facilities plans.
Sec. 3-92. Imposition of drainage impact fees.
Drainage impact fees are hereby assessed and levied upon the owners of real
property located in the unincorporated area of the County of Butte within the Thermalito
Drainage Area and within the Chico Vecino Drainage Area in the amounts specifiied in
Sec. 3-93 below and payable prior to the occurrence of any of the following events
affecting such property:
(a} The construction of a new building or structure on such property;
(b} An addition to an existing building or structure on such property which
results in an expansion of the floor area by 50% or more;
(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 storm drainage
generated by the use of the property or any building or structure located
thereon and which requires the issuance of a County permit; or
fd} The filing of a final subdivision map or parcel map dividing such property.
Sec. 3-93. Amount of drainage impact fees.
(a) Rationale for Fee Amounts. The drainage impact fees specified below have
been determined based upon the estimated costs of the facilities necessary to provide
drainage for the specified areas and upon the anticipated coefficient of runoff generated
by various types of land use. The coefficient ("C") is the anticipated coefficient of runoff
generated by various types of land use. The coeffiicient I"C"} is expressed as a decimal
value based upon standard engineering principles and equations for determining runofif
volumes.
(b} Thermalito Drainage Area.
Existing Parcels or Lots:
551 ~ Per living unit for any building permit far new living unit on
any existing lot far which no drainage fee has been paid.
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Parcel Maps:
5915 Per acre.
5510 Per parcel if property is further divided.
5510 Per living unit for new building permit.
Temporary living units allowed under Chapter 24:
5100 Prior to issuance of building permit.
5100 Annual renewal payment. Total amount not to exceed
5510.
All other uses: Land Use Class Cost/Acre
A B C D
Rudy Creek Basin 53,800 55,125 55.410 5620
West Basin 52,2$0 $2,435 53,345 5140
East Basin 56,735 $8,600 57,565 5470
Southeast Basin $1,410 $1,740 $ 2,015 5335
Basin 39 52,985 53,160 53,2'!0 5-0-
Class A: Subdivisi on within asingle-family residential land use with an
assumed density of four dwelling units per acre C - 0.54.
Class B: Multi-family residential, medium density C = 0.67.
Class C: Commercial, office buildings and shops, mobile home parks
C = 0.78.
Class D: Existing unimproved land which is anticipated to be developed
to some more highly developed use at a future date. C varies,
Total fee for other uses to be the sum of Class A or B or C plus Class D.
Adjustment based on ENR CCI increase from July '1990 (CCl = 4734.77)
to October 1996 (CCI = 5708.251.
Formula (5708.2514734.771 xold fee = 1.205602 x old fee =new fee.
All new fees rounded down to the nearest $5.00.
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Ic} Chica Vecino Drainage Area.
Subdivision and Parcel Maps 58,325
Multiple Family Units x10,395
Commercial $12,485
Adjustment based on Engineering New Record Construction Cost Index
increase from April 1982 (CCt = 3729.65} to October 1996 (CCI =
5708.25].
Formula (5708.2513729.65} xold fee = 1.530506 x old fee =new fee.
All new fees rounded down to the nearest 55.00".
Section 2. Section 20-210 of the Butte County Code is hereby amended to read as
follows:
Section 20-210. Plans adopted.
Pursuant to Government Code Section 66483, the Board of Supervisors has
adopted the Master Drainage Plans for Thermalito Area, and Chico Vecino Area,
Butte County, which plans set forth the facilities necessary to provide drainage for
the areas. The plans also set forth minimum development fees for storm drainage,
which have been adopted by the Board of Supervisors, and incorporated into
Section 3-93 of the Butte County Code and which will be adjusted from time to
time based upon the ENR CCI increase and rounded down to the nearest 55.00.
The Advisory Agency may allow payment of said fees, adopted by the Board, in
lieu of the developer's constructing permanent drainage facilities as a condition
of approval of a map within the area encompassed within the said master drainage
plans.
Section 3. 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 thereo# shall not
'I affect the remaining parts of this Ordinance.
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Section 4. Effective Date of Fees.
The fees amended and adopted by this Ordinance shall be effective commencing
60 days after the date of its passage.
Section 5. Effective Date of Ordinance and Publication thereof.
This Ordinance shall be and it is hereby declared to be in full force and effect from
and after thirty {301 days after the date of its passage, and before the expiration of
fifteen {151 days after its passage, this Ordinance shall be published once with the names
of the members of the Board of Supervisors voting far and against it in the Chico
Enterprise Record, a newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
of California, on the I~th day of December 1996, by the following
vote:
AYES: Supervisors Meyer, Aolan, Houx, Thomas and Chair McLaughlin
NOES: None
ABSENT: Nane
NOTE VOTING: None
C
Ed McLaughlin, airman
Board of Supervisors
ATTEST:
John B18Cklock,
Chief Administrative Officer
and Clerk of the Board
By
k DRNGFEE3.ORD
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