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Ordinance No. 3887
AN ORDINANCE OF THE COUNTY OF BUTTE COUNTY
ADDING ARTICLE VII TO CHAPTER 1G OF THE BUTTE COUNTY CODE
TO ESTABLISH PARK FACILITY FEES IN THE
PARADISE RECREATION AND PARK DISTRICT
The Board of Supervisors of the County of Butte ordains as follows:
Section I. Article VII is hereby added to Chapter 16 of the Butte County Code, entitled "Parks
and Recreation", to read as follows:
Article VII. Park Facility Fees in the
Paradise Recreation and Park District
16-74 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 for the purpose of authorizing a park facility fee to be
assessed and levied upon any owner of real property located in the unincorporated area of the
County of Butte within the Paradise Recreation and Park District adding one {1} or more
dwelling units to such property. Said fee is to be in an amount determined necessary to fund the
acquisition and development of park facilities required to serve the cumulative recreational needs
of those persons residing in such dwelling units.
16-75 Findings.
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 Paradise Recreation and Park District contributes
significantly to the beauty and ambience of said area, together with the physical health and
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emotional well-being of its residents. New residential development occurring within said
area will create a need for the acquisition and development of additional park facilities
within said area in that the existing park facilities are insufficient in number, size, location,
and the kinds of recreational opportunities which they present to meet the park and
recreational needs ofboth 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, and the Master Plan 2002-2416 and Development Impact Fee
Nexus Study dated September 2004, both prepazed for the Paradise Recreation and Park
District, new residential development occurring within said area will create the need to
maintain the existing levels of park facilities of at least 9.9 acres of park land, which
includes 1.7 acres of developed park facilities, 214.7 square feet of aquatic facilities, and
336 square feet of district facilities, for every one thousand (1,000) new residents who will
eventually inhabit such new residential development. By reason of the foregoing, the
boazd 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 are imposed.
(b) Use of Revenues From Fees To Meet Pazk 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 Paradise Recreation and Park District which will meet the need for such facilities
caused by such new residential development. In accordance with the provisions of this
article, all such revenues must be deposited in a park fund and thereafter appropriated by
the board of directors of the Paradise Recreation and Park District for the acquisition and
development of park land and facilities, aquatic facilities and district 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
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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 Do 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
nat exceed that which is necessary to fund the park facilities attributable to the residential
development upon which such fees are imposed. In particular, the park facility fees
assessed and levied on new residential development will be equal to that necessary to
maintain the existing levels of park facilities of at least 9.9 acres of park land, which
includes 1.7 acres of developed park facilities, 214.7 square feet of aquatic facilities, and
336 square feet of district facilities found to be necessary for 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 far by this article and the cost of the
park facilities attributable to the new residential development upon which the fees are
imposed.
16-76 Definitions.
Unless the contrary is stated or clearly appears from the context, the following definitions shall
govern the construction of the wards and phrases used in this article:
{a) Aquatic Facilities: The term "aquatic facilities" shall mean all swimming pools and
accompanying lockerlutility/recreation buildings owned and operated by the Paradise Recreation'',
and Park District. ''
(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 Paradise Recreation and Park District. The term "community park facility"
shall include sport fields, creekside greenways, trail systems, and other lineal park facilities.
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(c) Community Use Facilities: The term "community use facilities" shall mean all those
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buildings owned or operated by the district, and available to community groups far meetings and
other functions.
(d) Congregate Housing and Care: the term "congregate housing and care" shall mean housing
which provides living quarters for persons who are fifty-five (SS) years 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.
{e} District Facilities: The term "district facilities" shall mean all those facilities which are
defined as "community use facilities" and "maintenance facilities".
{#} 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.
(g) Maintenance Facilities: The term "maintenance facilities" shall mean any building, covered
structure for yard equipment, or parking area used to store or maintain equipment that is owned
or operated by the district for the maintenance of district facilities.
(h) Neighborhood Park Facilities: The term "neighborhood park facilities" shall mean any park
facilities which are intended to serve the recreational needs of only a portion of the residents and
other inhabitants of the Paradise Recreation and Park District.
(i) Paradise Recreation and Park District: The term "Paradise Recreation and Park District" shall
mean the area within the existing boundaries of said district, together with any additional area
annexed thereto. The "Paradise Recreation and Park District" is generally depicted on the map
of the Paradise Recreation and Park District Master Plan.
(~}Park Facility: The term "park facility" or "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 park and recreational purposes.
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(k} Park Facility Fees: The term "park facility fees" shall mean fees collected for the acquisition
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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 park and recreational purposes.
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(1} Park Land: The term "park land" sha11 mean unimproved land.
16-77 Imposition of park facility fees.
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A park facility fee shall be assessed and levied upon any owner of real property located in the
unincorporated area of the Paradise 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, thf
installation of a mobilehome on the property or connection thereof to utilities, the alteration or
construction of an addition to an existing building or mobilehome on the property, or the 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 ar the connection of a
mobilehome to utilities shall only be assessed and levied at the initial location of said
mobilehome in the Paradise Recreation and Park District and if such location is on a space, site
or other property on which no other mobilehome was previously located.
16-78 Amount of park facility fees.
The amount of the basic park facility fee assessed and levied pursuant to the provisions of the
article shall be equal to the total amount of square footage being added to the property multiplied
by the park facility fee per square foot established by resolution of the board of supervisors based
on the fallowing:
fal Park Land and Developed Park Facility Fee:
(1) The estimated cost per person of buying 9.9 acres of park land and developing 1.7 acres of
park facilities for every one thousand (1,000) new residents in the Paradise Recreation and Park
District, as determined, whenever possible, from the most recent park facilities acquired and
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~ developed in the Paradise Recreation and Park District either by the County of Butte or the
Paradise Recreation and Park District; multiplied by
(2} The average number of residents per dwelling unit within the Paradise Recreation and Park
District, as determined by the most recent federal census or a census taken by the County of
ButtelTown of Paradise pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the
California Government Code (commencing with section 40200}; divided by
~ (3) The average square footage of dwelling units within the Paradise Recreation and Park
District, as determined from records of the building division of the development services
department and the county assessor.
{b} District Facility Fee
(1) The estimated cost per person of constructing a district facility based on 336 square feet of
existing district facilities for every one thousand (1,000) new residents in the area of the Paradise
Recreation and Park District; multiplied by
(2) The average number of residents per dwelling unit within the Paradise Recreation and Park
District, as determined by the most recent federal census ar a census taken by the County of
Butte/Town of Paradise pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of
California Government Code (commencing with section 40200); divided by
~ ~ {3) The average square footage of dwelling units within the Paradise Recreation and Park
District, as determined from records of the building division of the development services
department and the county assessor.
{c} Auuatic Facility Fee:
(1) The estimated cost per person of constructing an aquatic facility based on 214.7 square feet
of existing aquatic facilities for every one thousand (1,000) new residents in the area of the
;Paradise Recreation and Park District; multiplied by
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(2) The average number of residents per dwelling unit within the Paradise Recreation and Park
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District, as determined by the mast recent federal census or a census taken by the County of
Butte/Town of Paradise pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the
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California Government Code (commencing with section 40200); divided by
(3) The average square footage of dwelling units within the Paradise Recreation and Park
District, as determined from records of the building division of the development services
department and the county assessor.
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16-79 Credit for park facility fees paid to Town of Paradise.
Where park facility fees have previously been paid to the Town of Paradise as to the real
property upon which the dwelling units are to be added, the owner of said real property shall be
entitled to a credit in the amount thereof against the fees owing pursuant to this article.
~G-SO 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 Paradise Recreation and Park
District adding one (1) or more dwelling units to such property under the following
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.
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16-51 Annual adjustment to park facility fees.
If on July 1, 2005, or on July 1 of any year thereafter, the Paradise Recreation and Park District
submits documentation substantiating that there has been an increase in the cost of acquiring
and/or developing park facilities within the Paradise Recreation and Park District, and requesting
an increase in the pazk 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 on the following:
(a} Information regarding the increase in the cost of developing pazk facilities, district facilities
and aquatic facilities (other than the cost of acquiring park land}: The net percentage increase in
the Engineering News Record building cast index (based on 1913 U.~. average =100) as last
published in the Engineering News Record McGraw Hill Construction Weekly between the date
of such increase and the effective date of this section ar any prior increase in the park facility
fees 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 Paradise Recreation and Pazk District between
the date of such increase and the effective date of this section or any prior increase in the pazk
facility fees made pursuant to the provisions of this section.
16-82 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 alteration or construction of an addition to any existing
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building or mobilehome in which such dwelling unit is to be located, or for the change in use of
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 Paradise Recreation and Park District; Certification of Payment: Such fees shall
be paid to the Paradise Recreation and Park District, which shall certify to the County of Butte,
Department of Development Services that the fees have been paid.
16-83 Deposit of park facility fee revenues in park facility fund.
All revenues from the park facilities fees assessed and levied pursuant to the provisions of this
article shall, when received by the Paradise Recreation and Park District, be deposited in a
separate park fund, and thereafter appropriated and used only for the acquisition and/or
development of either park land, park facilities, district facilities, or aquatic facilities in the
manner hereinafter provided by this article.
16-84 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 Paradise Recreation and Park District and deposited in a separate park
fund shall be appropriated by the Paradise Recreation and Park District Board of Directors in a
manner consistent with the comprehensive Park and Recreation Plan of the Paradise Recreation
and Park District and only for the acquisition and/or development of
(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 Paradise Recreation and Park District;
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(3}Aquatic facilities that are determined by the board to be of benefit to all persons residing
within the Paradise Recreation and Park District;
(4) District facilities that are determined by the board to be of benefit to all persons residing
within the Paradise Recreation and Park District; and
(5}Park land that is determined by the board to be of benefit to all persons residing within the
Paradise Recreation and Park District.
16-85 Use of park facility fees for the acquisition andlor development of park facilities
awned by the Town of Paradise and operated by Paradise Recreation and Park District.
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
far the purpose of acquiring and/or developing community or neighborhood park facilities which
are owned by the Town of Paradise and are or will be operated by the Paradise Recreation and
Park District pursuant to the terms and conditions of a lease or other operating agreement
between said district and the Town of Paradise if, at the time of making such appropriation, the
Board of Directors of Paradise 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 district.
16-86 Report re disposition of park facility fee revenues; action re unexpended revenues.
(a) Report by the Paradise Recreation and Park District: Commencing July 1., 2005, and on July
of each year thereafter, the Paradise 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 Board of Supervisors: Commencing with the fifth fiscal year following the firs
receipt of any revenues from park Facility fees assessed and levied pursuant to the provisions of
this article, and every five years thereafter, the board of supervisors, following receipt of the
to
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Paradise 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 in Government Code
Section 66001(d). In the event that the Paradise Recreation and Park District is found not to be
diligently expending park 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 andlor development of community park facilities, neighborhood park facilities,
aquatic facilities, or district facilities in the manner hereinbefore provided by this article;
(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
for 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 for any other facility or
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.
16-8'7 Reserved.
16-88 Reserved.
16-89 Reserved.
16-90 Reserved.
16-91 Reserved.
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Section 2 Severability. If any provision of this Ordinance ar 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 applications or 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 date of its passage. The Clerk of the Board of Supervisors is authorized and directed, before
the expiration of fifteen (l.5) days after its passage, to publish this Ordinance once, with the
names of the members of the Board of Supervisors voting for and against it, in the
Paradise Post , 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 2bth day of Octoher , 2004, by the following vote:
AYES: Supervisors Dolan, Houx, Josiassen, Yamaguchi. and Chair Beeler
I NOES: None
I ABSENT: None
I NOT VOTING: None
ATTEST:
R.. BEE ER, Chair of the
Butte County Board of Supervisors
PAUL MCINTOSIi, Chief Administrative Officer
and Clerk of the Boar of Supervisors
By. /
D uty
,.:
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