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Ordinance No. 380
ORDINANCE AMENDING SECTIONS 10-30,10-31, AND XO-33,5 OF ARTICLE IV,
ENTITLED "CHICO URBAN AREA STREET FACILITY IMPROVEMENT FEES",
OF CHAPTER 10 OF THE BUTTE COUNTY CODE
AND ADDING SECTION 10-30.1 TO SAID ARTICLE IV
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Amendment to Section 10-30 of Article N ofthe Butte Coun Code. Section 10-30 ofthe
Butte County Code is amended to read as follows:
"Section 10-30. Purpose. This Article is enacted pursuant to Article T, Section 1 ofthe
Butte County Charter and Article II, Section 7 of the California Constitution for the
purpose of authorizing the assessment and levying of a street facility improvement fee
upon the owners of real property located in the unincorporated area of the County of
Butte within the Chico Urban Area, in a sufficient amount to defray the cost of
improvements to streets facilities therein made necessary by an increase to or any
change in the use of such property.
Section 2. Amendment to Section 10-31 ofArticle ZV afthe Butte Coun Code. Section 10-31 of the
Butte County Code is amended to read as follows:
"Section l Ow31. Def nitians. 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:
(al Street acrlity improvement: The term "street facility improvement" shall mean any collector
street, arterial street, or other major street or highway, any bridge, storm drain, sidewalk, curb,
gutter, street light, traffic signal, street sign, or other facility necessary or appurtenant to a
collector street, arterial street, ar other maj or street or highway, and any real property acquired
for the purpose of constructing and installing a collector street, arterial street, or other major
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I street or highway, or any bridge, storm drain, sidewalk, curb, gutter, street light, traffic signal,
2 street sign, or other facility necessary and appurtenant thereto.
3 Chico Urban Area: The term "Chico Urban Area" shall mean all the area within County
4 Service Area 1 I4, the boundaries of which are set forth in Exhibit A of Resolution 88-194
5 adopted by the Board of Supervisors of the County ofButte on December 20, 1988, and the
6 North Chico Specific Plan Area, as depicted on Figure 3-1 of the North Chico Specific flan
7 approved by Resolution 95-47 of the Board of Supervisors of the County of Butte on March
8 28, 1995.
9 Section 3. Amendment to Section 10-33.5 of Article„N of the Butte County Code. Section 10-33.5
10 of the Butte County Cade is amended to read as follows:
11 "Section 10-33.5. Amount of street facility improvement fees. The amount of street
12 facility improvement fees assessed and levied pursuant to the provisions of this Article
13 shall be as follows, except as exempted by section 10-36, and shall be applicable as to
14 all projects of the types specified in section i 0-32 for which application is made to the
15 County of Butte for a permit on and after September 16, 1988:
16 Single Family residence (per unit} $1,982.00
17 Multiple Family residence {per unit} 1,370.00
18 Office and Medical structures (per square foot) 2.22
19 Commercial and Services structures (per square foot) 10.19
20 Industrial stnzctures (per square foot) 1.02
21 Section 3. Section 10-30.1 added to Article N of the Butte Coun , Code. Section 10-30.1 is added
22 to Article IV of Chapter 10 of the Butte County Code, to read as follows:
23 "Section 10-30.1. Findings. The Board of Supervisors makes the following findings and
24 determinations in regard to the street facility improvement fees levied pursuant to the
25 provisions of this Article:
26 {a} The Board has previously levied Chico Urban Area Street Facility Improvement Fees
27 pursuant to this Article 1V.
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(b) The North Chico Specific Plan was adopted by the Board of Supervisors of the County of
Butte on March 28, 1995. Said Plan anticipated growth and new development in the North
Chico Specific Plan Area and the need for infrastructure, including street facility improvements
to serve the traffic resulting from such growth and development. Chapter 8, Implementation,
of the North Chico Specific Plan, including but not limited to pages &1, 8-2, and 8-7, and
Tables 8-1, 8-2 (Schedule 1), 8-5, and 8-10 therein, contemplated that the street facility
improvement fees assessed and levied within the other portions of the Chico Urban Area would
also be assessed and levied within the North Chico Specific Plan Area to finance, in part, the
contemplated street infrastructure within these areas.
(c) The North Chico Specific Plan Area is connected to the other portions of the Chico Urban
Area by existing and proposed sheets, and development within the North Chico Specific Plan
Area will cause traffic impacts on streets within other portions of the Chico Urban Area.
(d) The purpose of the fees assessed and levied by this Article is to defray the cost of
improvements to street facilities within the Chico Urban Area made necessary by the
anticipated increase to or any change in the traffic impacts within such area caused by
development within the Chico Urban Area, as documented by the City of Chico Update of
Development Impact Fees, Analysis and Recommendations(Nexus Study), adapted by the City
Council of the City of Chico on June 24, 2002, by Resolution No. 155 01-02, the North Chico
Specific Plan approved by Resolution 95-47 of the Board of Supervisors of the County of
Butte on March 28, 1995, and the County of Butte 20 Year Capital Improvement Program
adopted by resolution of the Board of Supervisors.
{e) The street facilities which will be financed wholly or in part by the fees levied pursuant to
this Ordinance are as defined and identified in this Article, including but not limited to § 10-31
(a).
(f) There is a reasonable relationship between the use of the fees levied pursuant to this Article
and the type of development project on which the fees are imposed, as set forth in the
provisions of this Article, including but not limited to §§ 10-32, 14-33, 10-33.5 and 10-37.
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(g) There is a reasonable relationship between the need for the street facilities and the type of
development praj ects on which the fees are imposed pursuant to this Article, including but not
limited to §§ 10-32 and 10-33.
(h) There is a reasonable relationship between the amount of the fees and the cost of the street
facilities or portions thereof attributable to the development on which the fees are imposed
pursuant to this Article, including but not limited to §§10-33, 10-34, 10-35 and 10-39.
Section 3. Severability.
If any provision of this Ordinance or the application thereof to any person or circumstances is far 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 or other applications of
the Ordinance which can be given effect without the invalid provision or application thereof.
Section 4. Effective Date and Publication. This Ordinance shall take effect sixty (60) 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 Enter rzse-Record , a newspaper of general circulation published in the
County of Butte, State of Califorru.a.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California,
on the tOth day of December , 2002, by the following vote:
AYES: Supervisors Bee~.er, Dolan, Houx, Yamaguchi and Chair .7osiassen
NOES: None
ABSENT: None
NOT VOTING: None
ATTEST:
PAUL McINTOSH
Officer and Clerk of the Board
T SIASSEN, Chair of the
Butte ounty Board of Supervisors
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STFEE 10-11-OZ