HomeMy WebLinkAbout38861 Ordinance No. _3886
2 AN ORDINANCE OF THE COUNTY OF BUTTE COUNTY AMENDING
3 ARTICLE V AND ADDING ARTICLE VI TO CHAPTER X6 OF THE BUTTE
COUNTY CODE TO ESTABLISH PARK FACILITY FEES IN THE FEATHER
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RIVER RECREATION AND PARK DISTRICT
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The Board of Supervisors of the County of Butte ordains as follows:
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Section I. Sections 16-51, 16-52, 16-53, I6-54 and I6-55 are hereby added to Article V of
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Chap#er 16 of the Butte County Code, entitled "Parks and Recreation", to read as follows:
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9 16-51 Reserved
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16-52 Reserved
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16-53 Reserved
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16-54 Reserved
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14 16-SS Reserved
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Section II. Article VI is hereby added to Chapter 16 of the Butte County Code, to read as
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follows:
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18 Article VI. Park Facility Fees in the
19 Feather River Recreation and Park District
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16~Sb Purpose.
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This article is enacted pursuant to article I, section 1 of the Butte County Charter and article XI,
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section 7 of the California Constitution for the purpose of authorizing a park facility fee to be
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assessed and levied upon any owner of real property located in the unincorporated area of the
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County of Butte within the Feather River Recreation and Park District adding one (1} or more
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dwelling units to such property. Said fee is to be in an amount detexnlined necessary to fund the
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acquisition and development of park facilities required to serve the cumulative recreational needs
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of those persons residing in such dwelling units.
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16-57 findings.
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The board of supervisors makes the following findings and determinations required by
section 66001 of the California Government Code in regard to the park facility fees
assessed and levied pursuant to the provisions of this article:
(a) Importance of Parks; increased Need Resulting From New Residential Development:
The presence of park facilities within the Feather River Recreation and Park District
contributes significantly to the beauty and ambience of said area, together with the
physical health and emotional well-being of its residents. New residential development
occurring within said azea will create a need for the acquisition and development of
additional park facilities within said azea in that the existing pazk facilities are insufficient
in number, size, location, and the kinds of recreational opportunities which they present to
meet the park and recreational needs of both the existing residents of said area plus those
additional residents who will eventually inhabit such new residential development. Based
on the general plan of the County of Butte, as well as the Feather River Recreation and
Park District Development Impact Fee Calculation Report dated May 2003 and revised
September 2004, new residential development occurring within said area will create the
need to maintain the existing levels of pazk facilities of at least 2.47 acres of park land,
which includes 1.63 acres of developed park facilities, 293.4 squaze feet of public use
facilities and 238.4 square feet of aquatic center facilities for every one thousand (1,000)
new residents who will eventually inhabit such new residential development. By reason of
the foregoing, the boadd of supervisors determines that there is a reasonable relationship
between the need for the park facilities to be funded with the park facility fees provided for
by this article and the residential development upon which such fees aze imposed.
(b) Use of Revenues From Fees To Meet Park Needs: All revenues from the park facility
fees, assessed and levied on new residential development pursuant to the provisions of this
article will be used for the acquisition and development of additional park facilities within
the Feather River Recreation and Park District which will meet the need for such facilities
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caused by such new residential development. In accordance with the provisions of this
article, all such revenues must be deposited in a pazk fund and thereafter appropriated by
the boazd of directors of the Feather River Recreation and Pazk District for the acquisition
and development of pazk land and facilities, public use facilities and aquatic center
facilities, of benefit to the persons residing in the residential development upon which the
fees are imposed. By reason of the foregoing, the board of supervisors determines that
there is a reasonable relationship between the use of the park facility fees provided for by
this article and the residential development upon which such fees are imposed.
(c) Fees Da Not Exceed Level Necessary To Meet Need: The park facility fees assessed
and levied on new residential development pursuant to the provisions of this article will
not exceed that which is necessary to fund the park facilities attributable to the residential
development upon which such fees aze imposed. In particular, the park facility fees
assessed and levied on new residential development will be equal to that necessary to
maintain the existing level of park facilities at the 2.47 acres of park land, 1.63 acres of
developed park facilities, 293.4 square feet of public use facilities and 238.4 squaze feet of
aquatic center facilities found to be necessary far every one thousand {1,000) new residents
who will eventually inhabit such new development. By reason of the foregoing, the board
of supervisors determines that there is a reasonable relationship between the amount of the
park facility fees provided for by this article and the cost of the park facilities attributable
to the new residential development upon which the fees are imposed.
X6-58 Definitions.
Unless the contrary is stated or clearly appears from the con#ext, the following definitions shall
govern the construction of the words and phrases used in this article:
{a) Aquatic Center Facilities: The term "Aquatic Center Facilities" shall mean all swimming
pools and accompanying locker/utility buildings owned or operated by the Feather River
Recreation and Park District.
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{b) Community Park Facilities: The term "community park facilities" shall mean any park
', facilities which are intended to serve the recreational needs of all of the residents and other
inhabitants of the Feather River Recreation and Park District. The term "community park
facility" shall include sport fields, creekside greenways, trail systems, and other lineal park
facilities.
(c) Congregate Housing and Care: the term "congregate housing and care" shall mean housing
which provides living quarters for persons who aze fifty-five (5S) yeazs of age or older, and, in
addition thereto as a part of the lease, rental or purchase agreement, or other terms or conditions
of occupancy, also provides, or offers to provide, common recreational facilities or services.
(d) Dwelling Unit: The term "dwelling unit" shall mean any building or mobilehome, or portion
thereof, used or designed for use as a residence by an individual or any group of individuals
living together as a family.
{e} Feather River Recreation and Park District: The term "Feather River Recreation and Park
District" shall mean the area within the existing boundaries of said district, together with any
additional area annexed thereto. The "Feather River Recreation and Park District" is generally
depicted on the map of the Feather River Recreation and Park District Master Pian.
(f} Neighborhood Park Facilities: The term "neighborhood park facilities" shall mean any park
facilities which are intended #o serve the recreational needs of only a portion of the residents and
other inhabitants of the Feather River Recreation and Park District.
(g) Pazk Facility: The term "park facility ar park facilities" shall mean park land and all
improvements to such land and the adjoining rights-of way which are determined necessary for
the development and use of the land for any park and recreational purposes.
{h) Park Facility fees: The term "park facility fees" shall mean fees collected for the acquisition
of land and all improvements to such land and the adjoining rights-of--way which are determined
necessary for the development and use of the land for any pazk and recreational purposes.
(i) Pazk Land: The term "park land" shall mean unimproved land.
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(j) Park Land Acquisition and Recreation Facilities Development: The term "park land
acquisifiion and recreation facilities development" shall mean the purchasing or buying of any
park facility or park facilities and all improvements to such land and the adjoining rights-of-way
which are determined necessary for the development and use of the land for park and recreation
purposes.
{k) Public Use Facilities: The term "Public Use Facilities" shall mean all those buildings owned
or operated by the Feather River Recreation and Park District and available solely to community
groups for meetings and other functions. These buildings are often referred to as community
centers.
iCrS9 Imposition of park facrlily fees.
A park facility fee shall be assessed and levied upon any owner of real property located in the
unincorporated area of the Feather River Recreation and Park District adding one (1} or more
new dwelling units to such property incident to the construction of a new building on the
property, the installation of a mobilehome on the property or connection thereof to utilities, or tY
change in use of a nonresidential building or mobilehome on the property to a residential use.
Fees assessed and levied hereunder as to the installation of a mobilehome or the connection of a
mobilehome to utilities shall only be assessed and levied at the initial location of said
mobilehome in the Feather River Recreation and Park District and if such location is on a space,
site or other property on which no other mobilehome was previously located.
~ i6-50 Amount of park facility fees.
The amount of the park facility fee assessed and levied pursuant to the provisions of this article
shall be equal to the total number of dwelling units being added to the property multiplied by the
park facility fee per dwelling unit established by resolution of the board of supervisors based on
the following:
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a Park Land and Develo ed Park Facili Fee:
{1) The estimated cost per person of buying 2.47 acres of park land and developing 1.63 acres o
pazk facilities for every one thousand (1,000) new residents in the Feather River Recreation and
Park District, multiplied by
(2) The average number of residents per dwelling unit within the Feather River Recreation and
Park District, as determined by the most recent federal census or a census taken by the County o:
Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the
California Government Cade (commencing with section 40200}.
(b) Public Use Communi Center Facili Fee
(1) The estimated cast per person of constructing a public use facility based on 293.4 square
feet of existing public use facilities for every one thousand (1,000) residents in the
unincorporated area of the Feather River Recreation and Park District; multiplied by
(2) The average number of residents per dwelling unit within the Feather River Recreation and
Park District, as determined by the most recent federal census or a census taken by the County of
Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the
California Government Code (commencing with section 40200).
(c) A uatic Center Facili Fee:
{1) The estimated cost per person of constricting an aquatic center facility based on 238.4
square feet of existing aquatic center facilities for every one thousand (1,000) residents in the
Feather River Recreation and Park District; multiplied by
(2) The average number of residents per dwelling unit within the Feather River Recreation and
Pazk District, as determined by the most recent federal census or a census taken by the County c
Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter I7, of the
California Government Code (commencing with section 40200).
16-61 Credit for park facility fees paid to City of Oroville.
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Where park facility fees have previously been paid to the City of Qrovilie as to the real property
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upon which the dwelling units are to be added, the owner of said real property shall be entitled
a credit in the amount thereof against the fees owing pursuant to this article.
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16-62 Exemptions from park facility fees.
Notwithstanding any provisions of this article to the contrary, a park facility fee shall not be
assessed and levied upon an owner of real property located in the Feather River Recreation and
Park District adding one (1} or more dwelling units to such property under the following
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circumstances:
(a) Where the dwelling unit is within a building owned by a governmental agency.
(b) Where the dwelling unit 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 in such reconstructed building is no greater than the number of
dwelling units in the building prior to such damage, destruction or demolition.
(c} Where the dwelling unit is within, a part of, or affiliated with a facility used primarily for the
congregate housing and care of persons who are fifty-five (55) years of age or older.
16-63 Annual adjustment to park facility fees.
If on July 1, 2005, or on July 1 of any year thereafter, the Feather River Recreation and Park
District submits documentation substantiating that there has been an increase in the cast of
acquiring and/or developing park facilities within the Feather River Recreation and Park District,
and requesting an increase in the park facility fees assessed and levied pursuant to the provisions
of this article, the board of supervisors may increase such fees, in an amount proportional to the
increase in such costs. The determination of whether there has been an increase in the cost of
acquiring and/or developing such park facilities and the amount of the increase in the park
facility fee which is proportional to the increase in such costs shall be made by the board of
supervisors based an the following:
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(a) Information regarding increase in-the cast of developing park facilities, public use facilities
and aquatic facilities {other than the cost of acquiring land}: The net percentage increase in the
Engineering News Record building cost index (based on 1913 U.S. average =100) as last
published in the Engineering News Record McGraw HiII Construction Weekly between the date
of such increase and the effective date of this section or any prior increase in the park facility fee
made pursuant to the provisions of this section.
{b) Information regarding the increase in the cost of acquiring park land: The best available data
pertaining to increases in the price of land in the Feather River Recreation and Pazk District
between the date of such increase and the effective date of this section or any prior increase in th
park facility fees made pursuant to the provisions of this section.
16-64 Payment of park facility fees.
(a) Time of payment: The park facility fees assessed and levied pursuant to the provisions of this
article shall be due and payable prior to:
(1) The issuance of a building permit for the construction of any new building in which such
dwelling unit is to be located, or for the change in use of a nonresidential building or
mobilehome to a residential use;
{2) The issuance of an installation or utility connection permit for a mobilehome in which such
dwelling unit is to be located; or
(3) The occupation of such dwelling unit.
{b) Payment to Feather River Recreation and Park District; Certification of Payment: Such fees
shall be paid to the Feather River Recreation and Park District, which shall certify to the County
of Butte, Department of Development Services that the fees have been paid.
16-65 Deposit of park facility fee revenues in park facility fund.
All revenues from the park facility fees assessed and levied pursuant to the provisions of this
article shall, when received by the Feather River Recreation and Park District, be deposited in a
separate park fund thereafter appropriated and used only for the acquisition and/or development
of either park land, park facilities, public use facilities, or aquatic center facilities in the manner
hereinafter provided by this article.
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16-65 Appropriation of park facility fee revenues for the acquisition and development of
park facilities.
All revenues from the park facility fees assessed and levied pursuant to the provisions of this
article and received by Feather River Recreation and Park District and deposited in a separate
park fund shall be appropriated by the Feather River Recreation and Park District Board of
Directors in a manner consistent with the Development Impact Fee Calculation Report and only
for the acquisition and/or development of park land and facilities, public use facilities, ar aquatic
center facilities in the manner hereinafter provided by this article:
(1) Neighborhood park facilities that are determined by said board to be of benefit to all persons
residing within the zone of benefit established for the neighborhood park for which fees were
paid; in making such determination, said board may consider the special recreational needs, if
any, of those persons residing within said zone of benefit;
{2) Community park facilities that are determined by the board to be of benefit to all persons
residing within the Feather River Recreation and Park District;
{3} Public Use (Community Center) Facilities that are determined by the board to be of benefit
to all persons residing within the unincorporated territory of the Feather River Recreation and
Park District; or
(4) Aquatic Center Facilities that are determined by the board to be of benefit to all persons
residing within the Feather River Recreation and Park District.
(5) Park land that is determined by the board to be of benefit to all persons residing within the
Feather River Recreation and Park District.
16-57 Use of park facility fees for the acquisition and/or development of park facilities
owned by the City of Oroville and operated by Feather River Recreation and Park Di,
All or any part of the revenues from the park facility fees assessed and levied pursuant to the
provisions of this article maybe appropriated in the manner hereinbefore provided by this article
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for the purpose of acquiring and/or developing community or neighborhood park facilities which
are owned by the City of Oroville and are or will be operated by the Feather River Recreation
and Park District pursuant to the terms and conditions of a lease or other operating agreement
between said district and the City of Oroville if, at the time of making such appropriation, the
Board of Directors of Feather River Recreation and Park District has determined that the use of
such revenues for such purpose will serve the best interests of the residents of the unincorporated
area of the park district.
16-68 Report re disposition of park facility fee revenues; action re unexpended revenues.
(a} Report by the Feather River Recreation and Park District: Commencing July 1, 2005, and on
July 1 of each year thereafter, the Feather River Recreation and Park District shall provide the
board of supervisors with a report which sets forth the total amount of all park facility fee
revenues that were received and deposited in the park fund in each fiscal year prior to the date of
such report, the disbursements from said fund, and the amount which remains unexpended as of
the date of the report.
(b} Action by the Boazd of Supervisors: Commencing with the fifth fiscal year following the first
receipt of any revenues from park facility fees assessed and levied pursuant to the provisions of
this article, and every five years thereafter, the boadd of supervisors, following receipt of the
Feather River Recreation and Park District's report, shall make the required findings with respect
to any unexpended park facility fee revenues in the park fund as set forth ig Government Cade
Section G6001(d). In the event that the Feather River Recreation and Park District is found not t
be diligently expending pazk facility fee revenues, the board of supervisors may take one of the
following actions:
{1) Order the expending of all or any part of such unexpended park facility fee revenues for the
acquisition and/or development of community park facilities, neighborhood park facilities,
aquatic center facilities, or public use facilities in the manner hereinbefore provided by this
article;
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(2) Make a finding with respect to all or any part of such unexpended park facility fee revenues
which identifies the purpose to which the revenues are to be put and which demonstrates a
reasonable relationship between the fees from which the revenues are derived and the purpose fc
which they were charged; or
(3} Order the refund of all or any part of such unexpended park facility fee revenues, together
with any interest accrued thereon, to the current owner of any property for which fees were paid;
provided, however, that if the administrative costs of refunding such park facility fee revenues
exceed the amount to be refunded, the board of supervisors, after considering the matter at a
public hearing, notice of which is given in the manner provided for by section 66001(e) of the
California Government Code, may order the expending of such revenues far any other facility oz
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.
16-69 Reserved.
16-70 Reserved.
16-71 Reserved.
16-72 Reserved.
16-73 Reserved.
Section 3. 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 applications or 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 (b0) days after
the date of its passage. The Clerk of the Board of Supervisors is authorized and directed, before
the expiration of fifteen (15}days after its passage, to publish this Ordinance once, with the
names of the members of the Board of Supervisors voting far and against it, in the
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Enterprise Record/Oroville Mercury, a newspaper published in the County Of Butte, State
of California.
PASSED AND ADOPTED by the Boazd of Supervisors of the County of Butte, State of
California, on the z6th. day of October , 2x04, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler
NOES: None
ABSENT: None
NOT VOTING: None
R.J. BE LER, Chair of the
Butte County Boazd of Supervisors
ATTEST:
PAiTL MCI:NTOSH, Chief Administrative Officer
and Clerk of the Boar of Supervisors
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Duty /
G:ordinancelfeatherriverparl~'eeard5
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