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Ordinance No. 3305
AN ORDINANCE AMENDING THE BUTTE COUNTY CODE BY: AMENDING SECTION 10-
33 AND ADDING BUTTE COUNTY CODE SECTION 10-33.5, INCREASING THE CHICO
URBAN AREA STREET FACILITY IMPROVEMENT FEES; AND AMENDING SECTION 10-55
INCREASING THE "NORTH OROVILLE/THERMALiTO TRAFFIC IMPACT FEES";
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Purpose.
This ordinance is enacted pursuant to Article I, Section 1 of the Butte County Charter and Article XI,
Section 7 of the California Constitution for the purpose of increasing the existing street facility
improvement fees upon the owners of real property located in the unincorporated area of the Chico
Urban Area, and increasing the existing traffic impact fees upon the owners of real property located in
the North OrovillelThermalito traffic benefit area, so that the new amounts will be sufficient to defray
the cost of improvements to traffic facilities or street facilities therein made necessary by an increase to
or any change in the use of such property.
ec i n 2. Findin s.
{a} The Board of Supervisors makes the following findings and determinations in regard to the
Chico Urban Area Street Facility Improvement Fees increased pursuant to this ordinance:
{1) The findings recited in the "Whereas" provisions at pages 1 through 3 of Ordinance
2695 adopted August 1 G, 1988 are re-affirmed.
(2) The City of Chico has levied street facility improvement fees in a manner substantially
the same as provided in Article IV of Chapter 10 of the Butte County Code, and the City
and County have cooperated in the expenditure of the revenues produced by said fees for
improvements benefitting both City and County residents.
{3) Section 10-3~1 of the Butte County Code provides that the Chico Urban Area Street
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Facility Improvement Fee schedule shall, once each fiscal year, be reviewed and either
increased or decreased. Said section further provides that, in determining whether to
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increase of decrease the fees by reason of a change in the estimated cost of street facility
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improvements, the Board of Supervisors shall base its determination on the net
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percentage increase or decrease in the Engineering News Record Cost index for San
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Francisco (based on 1913 U.S. average - 100}, ar other similar index.
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(4) When the fees were initially adopted September 13, 1988, the Engineering News
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Record Cost Index for San Francisco {ENR CCI) was 4541.59, and the fees have not
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been changed since that time.
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(5) The October 21, 199b ENR CCI was 5708.25.
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{6} The formula for adjusting the fees is therefore:
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(5708.2514541.59} xold fee = 1.256884 x old fee =new fee.
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(b) The Board of Supervisors makes the following findings and determinations in regard to the
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North Oroville/Thermalito Traffic Impact Fees increased pursuant to this ordinance:
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(1) The findings.recited in Section 10-51 of the Butte County Code are re-affirmed.
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{2) The City of Oroville has assessed and levied traffic impact fees in an amount and in
IS
a manner substantially the same as provided in Article V of Chapter 10 of the Butte
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County Code, and it is anticipated that the City of Oraville will increase such fees in a
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manner substantially the same as provided in this ordinance;
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(3) Section I0-56 of the Butte County Code provides that the amount of the traffic
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impact fees specified in Section i0-55 shall be increased annually based upon the increase,
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if any, in the Engineering News Record Cost Index for San Francisco (based on 1913
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U.S. average = 100), or other similar index, since the adoption of Article V of Chapter
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10 of the Butte County Code.
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{4) When the fees were initially adopted July 16, 1991, the Engineering News Record
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Cost Index for San Francisco {ENR CCI) was 4853.89, and the fees have not been
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changed since that time.
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(5) The October 21, 199b ENR CCT was 5708.25.
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(6} The formula for adjusting the fees is therefore:
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(5708,2514$53.89) xold fee = 1.176015 x old lee =new fee.
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(c} The traffic impact fees assessed and levied pursuant to the provisions of Articles IV and V,
as increased by this ordinance, will not exceed the amount necessary to fund the construction of
necessary traffic or street facilities attributable to the development upon which such fees are
imposed, and there is a reasonable relationship between the use of the fees provided for by
Articles IV and V and this ordinance and the development upon which such fees are imposed.
Section 3. Section 10-55 of the Butte County Code is amended to read as follows:
"Section 10-55. Amount of Traffic Impact 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 $595 per dwelling unit
Multi-Family Residential 0.60 $355 per dwelling unit
Commercial 40.00 $23,849.59 per *acre
Office
20.00
$l 1,924.80 per *acre
Light Industrial 10.00 $5,962.40 per *acre
Heavy Industrial 2.00 $1,192.48 per *acre
*Caiculated pro rata based on a site plan for the area to be developed."
f tion 4. Section 10-33 of the Butte County Code is amended to read as follow:
" c i n 10-33. Establishment of Traffic Im act Fees. The street facility improvement fees assessed and
levied pursuant to the provisions of this Article shall be in accordance with the fee schedule specified in
;Section 10-33.5 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 which will be required as a result of the
development andlar use of real property likely to occur within the Chico Urban Area during the next
twenty-year period;
{c} The estimated cost of the street facility improvements required as a result of the development
andlor use of rea! property likely to occur within the Chico Urban Area during the next twenty-year
period;
(d} The portion of the estimated cast of the street facility improvements required as a result of the
development andlor use of real property likely to occur within the Chico urban Area during the next
twenty-year period which cannot be funded with revenue sources available to the County other than
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street facility improvement fees; and
(e) The pro rata share of the unfunded cost of the street facility improvements required for the
development andlor use of real property likely to occur within the Chico urban Area during the next
twenty-year period which is attributable to a parcel of rea! property devoted to a particular kind of use,
calculated from the "average trip rates" For the various uses of rea! property as established by the Institute
of Traffic Engineers or other recognized authority."
ection 5 Section 10-33.5 is added to the Butte County Code to read as follows:
" e i n 10-33 5. 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, except as exempted by Section 10-36,
and shall be applicable as to all projects of the types specified in Section 10-32 far which application is
made to the County of Butte for a permit on and after September 16, 1988:
A. Residential Units fee per unit
1. Single Family $1,670.00
2. Multiple Family $1,010.00
3. Mobile Home $755.00
4. Retirement Community $515.00
B. Non-Re idential Devela ment fee er s . ft.
1. Retail Commercia! $2.20
2. Office Commercia! $0.36
3. Industrial $0.13
~ C. Other Developments fee~aer bed
1. Hospitals
2. Convalescent
3 , Lodging
$565.00
$280.00
$640.00"
i n 6 verabilit . If any provision of this ordinance or the application thereof to any person or
circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision
shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions of the
ordinance which can be given effect without the invalid provision or application thereof.
ction 7 Effective Date of Increased Fees. The fees as increased by this Ordinance steal! be effective
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commencing sixty (6u~ days after its passage.
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Section 8. Ordinance Effective. Date; Public~~~ This Ordinance shall take effect thirty (30) days
after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to
publish this ordinance 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 , a newspaper of general circulation 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 ~~ day of December , 1996, by the following vote:
AYES: Supervisors Meyer, Dolan, Houx, '~homas and Chair McLaughlin
NOES: None
ABSENT: None
NOT VOTING: None
~C
Ed McLaughlin, C air of the
Butte County Board of Supervisors
ATTEST:
Jahn Blacklock Chief Administrative
Officer nd Clerk of the B and
By
~ (stfee.ord}
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