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Ordinance Na. 3841
ORDINANCE ADllING ARTICLE XVI TO CHAPTER 3 OF THE BUTTE COUNTY CODE
REGARDING DEVF:I.OPMENT IMPACT PEES IN THE NORTH CHICO SPIH:CIFIC PLAN
AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XVI. Added to Chapter 3 of the Butte Caunt~ Article XV I is added to Chapter
3 of the Butte County Code to read as follows:
"ARTICLE XVI. DEVELOPMENT IMPACT FEES IN THE NORTH CHICO SPECIFIC PLAN
AREA.
Sectio~~ 3-150. 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 authorizing development impact tees in
the North Chico Specific Plan Area to be assessed and levied upon any owner of real property
located in the said area in a sufficient amount to defray the cost of constructing or improving
infrastructure facilities therein made necessary by an increase to or any change in the use of such
property. Said infrastructure costs shall include but not be limited to the acquisition and development
of public trail, road and bridge, storm drainage, fire station and park facilities.
Section 3-151. Findings.
The Board of Supervisors makes the following findings and determinations in regard to the fees
assessed and levied pursuant to the provisions of this Article:
A. Increased need resulting, from new development.
~I~'he North Chico Specific Plan was adopted by the Qoard of Supervisors of the County of
Butte on March 28, l 995. As a result of the adoption of the North Chico Specific Plan and the
rezoning adopted as a part thereof, a substantial amount of new residential, industrial,
commercial, office and school development can reasonably be expected to occur within the
North Chico Specific Plan Area. Such development will create a need for the acquisition and
development of additional public facilities within said Area because the existing public
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facilities are insufficient in number, size, and location to meet the needs generated by such
new development. Such needed public facilities will include new street, trail, drainage, fire
protection and park facilities, as contemplated by said Plan and the Environmental Impact
Report For the Plan, within the North Chico Specific Plan Area. Chapter 8, Implementation,
of the North Chico Specific Plan, including but not limited to pages 8-1, 8-2, and 8-7, and
Tables 8-1, 8-2 (Schedule 1), 8-6, and 8-10 therein, contemplated that development impact
fees would be assessed and levied within the North Chico Specific Plan Area to finance the
needed infrastructure within the area. Furthermore, commencing prior to the adoption of the
North Chico Specific Pian, subdividers of land within the North Chico Specific Plan Area
have signed agreements, entitled "AGREEMENT RUNNING WITH THE LAND RE
MITIGATION OF CUMULATIVE TRAFFIC AND DRAINAGE IMPACTS WITHIN CSA
87" contemplating the adoption and implementation of the North Chico Specific Flan and the
establishment of mechanisms, including developer fees, to mitigate the impacts of
development within the area on traffic and drainage.
B. Use of revenues from fees to meet public facility needs. All revenues from the fees
assessed and levied on new development pursuant to the provisions ~f this Article will be
used for the acquisition and development of public facilities within the North Chico Specific
Plan Area needed because of such new development. In accordance with the provisions of
this Article, ail such revenues must be deposited in funds or accounts designated for such use
only and of benefit to the development upon which the fees are imposed.
C'. Fees do not exceed level necessary to meet need. The fees assessed and levied on
new development pursuant to the provisions of this Article will not exceed that which is
necessary to fund the public facilities attributable to the development upon which such fees
are imposed. By reason of the foregoing, the Board of Supervisors determines that there is
a reasonable relationship between the amount of the fees provided for by this Article and the
cost of the facilities attributable to the new development upon which the fees are imposed.
D. Other fimdin« not available. In order to carry out the programs, policies and goals of
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the North Chico Specific Plan, and, because no other feasible means appear to be available to
fund all of the costs of~ the new public facilities required by reason of new development
occurring in the said Area, the Board of Supervisors of the Comity of Butte has adopted this
Article establishing development impact fens in the North Chico Specific Plan Area.
E. Purpose of fees. The purpose of the fees assessed and levied by this Article is to defray the
cost of improvements to those public facilities within the North Chico Specific Plan Area made
necessary by the anticipated increase to or change in the use of real property within such areas.
F. Facilities identified. The facilities which will be financed wholly or in part by the fees are
those new street, trail, drainage, fire protection and park facilities identified in the provisions
ofthis Article and the North Chico Specific Plan, including but not limited to Chapter 8 of said
Plan.
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G. Relationship between use of fees and type of development. "There is a reasonable
relationship between the use of the fees and the type of development project on which the fees
are imposed, as set forth in theprovisions of this Article, includingbut not limited to ~~3-153,
3-154, and 3-159.
H. Relationship between need for facilities and type of development. There is a reasonable
relationship between the need for the facilities and the type of development project on which
the fees are imposed, as set forth iii the provisions ofthis Article, including but not limited to
c~~3-153 and 3-154.
I. Relationship between amount of fees and cost of facilities. There is a reasonable
relationship between the amoLUlt of the fees and the cost of the facilities or portions thereof
attributable to the developme-~rt on which the fees are imposed, as set forth in the provisions
of this Article, including but not limited to ~3-154, and iii Chapter 8, Implementation, of the
North Chico Specific Plan.
Section 3-152. Definitions. 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:
A. Chargeable Space. The term"chargeable space" shall mean all of the covered and
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enclosed space determined to be within the perimeter of a commercial, industrial, office or
school structure, not including any parking structure. "The determination of the chargeable
space, to be expressed in the number of square feet, shall be made by the Building Division
of the Development Services Department of the County, in accordance with the standard
practice of the County.
B. Development. The term "development" shall mean any project undertaken for the
purpose of development, and includes a project involving the issuance of a permit for
construction or reconstruction, but not a permit to operate.
C. Dwelling Unit. The term "dwelling unit" shall mean any building or mobile home,
or portion thereof, used or designed for use as a residence by an individual or any group of
individuals living together as a family.
D. More: Intensive Use. The term "more intensive use" shall mean a Land use on a
particular parcel of real property or any part thereof which, as compared to the previous
land use, involves: more residents, employees, students, occupants, participants or other
persons onsite; the generation of more vehicular traffic to and from the site; or any condition
or combination of conditions which create a greater need for trail, road and bridge, storm
drainage, fire station or park facilities.
E. North Chico Specific Plan. The term "North Chico Specific Plan" shall mean the North
Chico Specific Plan, as adopted on March 28, 1995, together with any amendments or
additions made thereto.
F. North Chico Specific Plan Area. The term "North Chico Specific Plan Area" shall
mean the unincorporated area of the County of Butte described approximately as that area
north of Eaton Road, east of Highway 99, south of Keefer Road and west of the Chico
Municipal Airport and more particularly depicted in Figure 3-1 of the North Chico Specific
Plan.
~ Section 3-153. Imposition of fees.
A.) Development impact fees shall be assessed and levied upon any owner of real property
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located in the North Chico Specific Plan ~~I-ea in connection with: adding one or nwre
dwelling units to such property, including the construction of a new dwelling uniC or the
installation of a manufactured home on the property or connection thereof to utilities, adding
industrial, commercial, clffice or school mlits to such property; constructing an addition of
chargeable space to an existing industrial, commercial, office or school structure on the
pl'Opel'ty; OP COnVerting a land LISe t0 a more 111teI1SIVe LISP; On SUCK prope'.rty t~lei'eby creating
a greater need for infrastructure facilities. Said fees are to be in amounts determined
necessary to fund the acquisition and development of trail, road and bridge, storm ch~ainage,
fire station and park infrastructure facilities required to serve the cumulative needs of those
perSOnS -'eSldlllg, Working, or SCUdying In Or Uthei'W1Se US111g S11C11 UmtS or pl'Operty.
B.} 1~ees assessed and levied hereunder as to the installation of a manufactured home or the
connection ofa manufactured home to utilities shall only be assessed and levied at the initial
location of said home iu the North Chico Specific Plan Area and if sLlch location is on a
space, site or other property on which no other manufactured home: was located on March
2&, 1995.
C.) Fees assessed a-1d levied hereLU~der as to the conversion of a land use to a more intensive
use on such property shall be reduced by a credit in the amount of any fee paid pursuant to
th1S 1~1'tiC~e lIl COI1neCt1011 Wlth the LISe existing On the property pl'U)I' CO Che CoI1VeI"Sion.
Section 3-154. Amount of fees.
'The amount of the fees assessed and levied pursuant to the provisions oC this Article shall be as set
forth in the Table be]ow, except as exempted by ti3-15G or reduced by a credit pursLlal~t to~~'3-153 C,
and shall be applicable as to all projects ofthe types specified in ~ ;-153 for which application is made
to the County of Butte for a permit on and after February 8, 2(103:
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~g
NORTH CHICO SPECIFIC PLAN DEVELOPMENT IMPACT FEE TABLE
Land Use Rcres 'DU Trails Roads & Storm Fire Parks Total
System Bridges Drainage Station
NCSP Tables 8-3 8-6 8-7 8-8 8-4
Residential
SR-3 109.8 35 5210 $1,335 $351 $496 $923 $3,3151DU
SR-1 698.6 652 5210 $1,335 5351 5496 $923 53,315/DU
SR-11PD 126 160 $210 $1,335 $351 $496 $923 $3,315/DU
R-1 233.9 912 $210 $1,335 $438 $496 $923 $3,4021DU
R-2 118.4 829 5175 51335 5250 $413 $769 $2,9421DU
R-3 17.1 308 $157 $905 $103 5372 $692 $2,229/DU
Total 1,303.8 2,896
IndustrialtCommercial "SF
Industrial 308.3 2,153,000 n/a $0.166/S $0.18/SF 50.071S n/a $0.4161SF
Commercial 24.6 268,000 n/a $0.175lS $0.2715F $0.111S n/a $0.555tSF
Office 26.0 283,000 nla $1.962/S $0.181SF $0.1815 n/a $2.322/5F
School 8.5 n!a nla $56,171 $16,443 n/a n!a $72,614
Totallndustriall 358.9 2,704,000
Commercial
*Dwelling Units
**Square Meet
Section 3-155. Annual Fee Adjustment. The fee schedule shall, eCfectivc January 1 of each year, be
increased or decreased by the Director of Development Services in an amount corresponding to the net
percentage increase or decrease in the Engineering News Record Construction Cost Index for San
Francisco (" ENR CCI"), based on 1913 U.S, average = 100, or other sitl~ilar index. The most recent
available ENR CCI shall be furnished to the Directorby the Department of Public Works not later than
December 10 of each year.
The most recent ENR CCI, namely the index datedMarch2002, is 7683.68.
The formula for adjusting the fees at the time of such reviews will therefore be:
(New index/2002 index) x existing fee =new fee.
Section 3-156. Exemptions from development impact fees. Notwithstanding any provisions
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ol~ this Article to the contrary, a development impact flee shall not be assessed and levied pursuant
to this Article upon an owner of real property located in the North Chico Specific Plan Area adding
or enlarging one or more structures on such property or converting the use thereof to a more
intensive use under the following circumstances:
A.) Where the structure is owned by a governmental agency.
B.) Where the structure is a building, or is within a building, which is being reconstructed
following damage or destruction by fire or other casualty, or the voluntary demolition
thereof, provided that the number of dwelling units or the amount of chargeable space in
such reconstructed structure is no greater than the number of dwelling units or the amount
of chargeable space in the structure prior to such damage, destruction, or demolition.
Section 3-157. Payment of Fees,
A. 'Time of Pa,, n~._
The fees assessed and levied pursuant to the provisions of the Article shall be due and
payable prior to:
(1) The issuance of a building permit for the construction of any new structure or
construction of an addition of chargeable space (as defined in ~3-152 A) to any
existing structure; or
(2} The issuance of an installation or utility connection permit for a manufactured home.
B. Payment to $uildin~ Division.
Such fees shall be paid to the County of Butte, Department Development Services, Building
Division, in the amount specified in §3-154.
Section 3-158. Deposit of fee revenues in facility fiord.
All revenues from the fees assessed and levied pursuant to the provisions of this Article shall, when
received by the County of Butte, Department of Development Services, I3uiiding Division, be
deposited in separate funds or accounts by type corresponding to the facilities for which the fees
were assessed and levied. Thereafter, such revenues shall be appropriated and used only for the
acquisition andlor development of those public facilities contemplated by the North Chico Specific
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Plan.
Section 3-159. Appropriation of >~ ee Revenues for the Acquisition and Development of
Public Facilities.
A11 revenues from the fees assessed and levied pursuant to the provisions of this Article and received
by the County of Butte, Department of Development Services, Building Division, and deposited in
separate funds or accounts pursuant to this Article shall be appropriated by the Board of Supervisors
in a manner consistent with the North Chico Specific Plan and only for the acquisition and/or
development of those public facilities identified in said Plan.
Section 3-164. Report re Disposition of Fee Revenue; Action re Unappropriated Revenues
A. Report by the Auditor/Controller,
Within 180 days after the last day of each fiscal year the AuditoriController of the County
of Butte shall provide to the Board of Supervisors a reporC regarding each separate account
or fund established pursuant to this Article, and the Board shall then review the report, in
compliance with the requirements of Government Code §tj6006{b).
B. Action >~ the Board of Supervisors.
For the filth fiscal year following the first deposit into any such account or fund, and every
five years thereafter, the Board of Supervisors shall make the findings required by
Government Code §66001(4) with respect to that portion of the account or fund remaining
unexpended or shall refund the moneys in the account or fund as provided in Government
Code §66001(e}."
Section 2. Severability.
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 or other applications of
the Ordinance which can be given effect without the invalid provision or application thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect sixty (60) days after the
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date of its passage. The Clerk of the Board of Supervisors is authorised and directed to publish this
ordinance before the expiration of fifteen (1 S) 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 of general circulation published in the County of Butte,
State of California.
PASSED AND ADOPTED by the Board of Supervisors of the CoLU~ty of Butte, State of California,
on the _ lOtih ___ day of December __, 20Q2, by the following vote:
AYES: Supervisors Beeler, Dolan, Houx, Yamaguchi and. Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None _
~~~T OSIASSEN, Chair of the
Butte ~ounty Board of Supervisors
ATTEST:
PAUL McINTOSH
Offig~r aid Clerk of th'e Beard
B~ / ,~~~~.'~ ~ ,'~ . t
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