HomeMy WebLinkAbout38931
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Ordinance No. 3893
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XXII1
TO CHAPTER 3 OF 'T'HE BUTTE COUN'T'Y CODE TO ESTABLISH
DEVELOPMENT IMPACT FEES FOR FIRE I'ACILITIES, VEHICLES, ANll
EQUIPMENT IN THE UNINCORPORATED AKEA OF BUTTE COUNTY
The Board of Supervisors of the County of Butte ordains as follows:
~ Section L Article XXIII is hereby added to Chapter 3 of the Butte County Code, to read as follows:
Article XXIII. Development Impact Fees for Fire Facilities, Vehicles, and Equipment in the
Unincorporated Area of Butte County
~ 3-266 Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI,
Section ~ of the California Constitution, and Section 66000 and following of the Government Code
for the purpose of authorizing and levying development impact fees for fire facilities, vehicles, and
equipment upon the owners of real property located in the unincorporated area of Butte County,
adding one { 1) or more new residential, commercial, general office, industrial, or other non-
residential units to such property, in an amount sufficient to defray the cost of constructing or
improving fire facilities and purchasing vehicles and equipment made necessary to serve the
additional facilities, vehicle, and equipment needs arisinv from an increase or change in the use of
such property.
3-267 Findings.
I The board of supervisors makes the following findings and determinations required by
Government Code Section 66001 in regard to the development impact fees authorized and
levied pursuant to the provisions of this article:
(a) Increased Need Resulting From New Development: The County of Butte Impact Fee
Study dated October 29, 2004, projects increases in population, housing units, and jobs over a
twenty year period, from 2004 to 2023. It projects that population will increase by 40%,
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housing units will increase by 39%, and jobs will increase by 39%. As result, there will be
new residential, commercial, general office, industrial and other non-residential development
occurring within Butte County that will create a need for the acquisition and development of
additional fire facilities, vehicles, and equipment. Over time, existing fire facilities, vehicles,
and equipment will become insufficient in number, size, and location to meet the needs of new
residential, commercial, general office, industrial and other non-residential development.
Based on the County of Butte Impact Fee Study dated October 29, 2004 and the Butte County
Capital Facilities Master Plan, dated February 2004 and adopted March 9, 2004, new
residential, commercial, general office, industrial and other non-residential development
occurring within Butte County will create the need for an additional 79,000 square feet of
space for fire facilities, as well as additional vehicles and fire protection equipment.
(b} Use of Revenues From Fees To Meet Fire Facilities, Vehicles, and Equipment Needs: All
revenues from the development impact fees, authorized and levied on new residential,
commercial, general office, industrial and other non-residential development, pursuant to the
provisions of this article, will be used for the acquisition and development of additional fire
facilities, vehicle, and equipment within the unincarporated area of Butte County, which will
meet the need for such facilities, vehicles, and equipment caused by such new residential,
commercial, general office, industrial and other non-residential development. In accordance
with the provisions of this article, all such revenues must be deposited in a fire facilities,
vehicle, and equipment fund and thereafter appropriated by the board of supervisors for the
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acquisition and development of fire facilities, vehicles, and equipment, of benefit to the
persons owning, or residing and working in, the structures upon which the fees are imposed.
The fees will cover the growth related capital costs of new fire stations and administrative
facilities, (including the design and engineering, construction, land acquisition costs, and
accessory costs such as construction management) and the cost of acquiring additional vehicles
and equipment. Projects will include construction of new buildings including a training
facility, replacing existing stations, and adding on to existing buildings. Equipment will
include fire engines, ladder trucks, rescue vehicles and squad vehicles, utility trucks, repair and
command vehicles, haz mat vans and equipment, water tenders, air utility and fixed wing
aircraft including helicopters.
(c) Fees Do Mot Exceed Level Necessary To Meet Need: The development impact fees
authorized and levied on new residential, commercial, general office, industrial and other non-
residential development, pursuant to the provisions of this article, will not exceed that which is
necessary to fund the fire facilities attributable to the new residential, commercial, general
office, industrial and other non-residential development upon which such fees are imposed. In
particular, the development impact fees authorized and levied on new residential, commercial,
general office, industrial and other non-residential development will be equal to that necessary
to fund an additional 79,000 square feet of space for fire facilities as well as additional
vehicles and fire protection equipment for the increase in population, housing units, and jobs
that will eventually occur in Butte County by the year 2023.
(d) Appropriateness of Development Impact Fees: Due to the projected increase in population,
housing units, and jobs, development impact fees are the only equitable way for new
development to contribute to maintaining existing levels of service.
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(e) Purpose of fees: The purpose of the fees authorized and levied by this article is to defray
the cost of improvements to, or acquisitions of, those fire facilities, vehicles, and equipment
within the unincorporated area of Butte County made necessary by the anticipated increases in
population, housing units, and jobs,
(f) Facilities, vehicles, and equipment identified: The facilities, vehicles, and equipment that
will be financed wholly or in part by the fees are those identified in chapter 7 of the County of
Butte hnpact Fee Study dated October 29, 2004, and the Butte County Capital Facilities Master
Plan dated February 2004 and adopted March 9, 2004.
(g) Relationship between use of fees and type of development: There is a reasonable
relationship between the use of the fees and the type ol~deveiopment project on which the fees
are imposed, as set forth in the provisions of this article, including but not limited to §~~'269,
270 and 276.
(h) Relationship between need for facilities and type of development: There is a reasonable
relationship between the need for the fire facilities, vehicles, and equipment 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 ~~269 and 270.
(I) Relationship between amount of fees and cost of facilities: There is a reasonable
relationship between the amount of the fees and the cost of the fire facilities, vehicles, and
equipment or portions thereof attributable to the development on which the fees are imposed,
as set forth in the provisions of this article, including but not limited to X270, and in chapter 7
of the Butte County Impact Fee Study dated October 29, 2004.
3-268 Definitions.
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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) Single Family Residence is as defined in Butte County Code section 24-305.130 and includes
Duplex as defined in Butte County Code section 24-305.105, as well as pre-fabricated homes. It also
includes Second Dwelling Units as defined in Butte County Code section 24-305.375, but not Guest
House as defined in Butte County Code section 24-305.175.
(b) Multifamily Residence is as defined in Butte County Code section 24-305.120.
(c) Mobile Home is as defined in Butte County Code section 24-305.280 and includes Modular
Home as defined in Butte County Code section 24-305.288, as well as a manufactured home, but not
a temporary mobile home as defined in Butte County Code section 24-295.
(d) Chargeable Space shall mean all of the covered and 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.
(e) 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.
(f) 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.
~ (g) 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
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~ the site; or any condition or combination of conditions which create a greater need for fire facilities,
~ vehicles and equipment.
(h) North Chico Specific Plan shall mean the North Chico Specific Plan, as adopted on March 28,
1995, together with any amendments or additians made thereto.
(i) 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 Raad
and west of the Chico Municipal Airport and more particularly depicted in Figure 3-1 of the North
Chico Specific Plan.
3-269 Imposition of fire facility, vehicle and equipment fees.
A development impact fee for fire facilities, vehicles, and equipment shall be authorized and levied
upon any owner of real property located in the unincorporated area of Butte County adding one (1) or
more new residential, commercial/shopping center, general office, industrial, or other non-residential
units to such property incident to the construction of a new building on the property, the installation
of a mobile home or factory built home on the property or connection thereof to utilities, the change
in use of a nonresidential building or mobile home on the property to a residential use, or the change
~ in use of a residential building to atly use other than residential. Fees authorized and levied
~ hereunder as to the installation of a mobile home or factory-built home or the connection of a mobile
home or factory built home to utilities, shall only be authorized and levied at the initial location of
(said mobile home or factory-built home in the unincorporated area of Butte County and if such
location is on a space, site, or other property on which no other mobile home or factory-built home
~ was previously located.
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3-270 Amount of fire facilitylvehicle/equipment fees.
The amount of development impact fees for fire facilities/vehicleslequipment authorized and levied
pursuant to the provisions of this article shall be as fallaws:
Impact Fees per Unit of Development in Unincorporated Areas
Land Use Category Dev Service Pop Impact Fee Impact Fee Impact Fee
Units per Unit per Unit Per Unit Per Unit
(Facilities) {V & E) ("Total)
Residential
Single Family D.U. 2.67 $330.54 5638.03 5968.57
Multifamily D.U. 2.13 $26393 $509.45 $773.37
MobilcHomc C.U. 2.18 $269.96 $52L10 $791.07
CommereiaUShonninx Center
25K gross leasable area 1,000 Sq Ft 3.33
SOK grass leasable area 1,000 Sq Ft 2.86
IOOK gross leasable area 1,000 Sq Ht 2.50
200 K gross leasable area 1,000 Sq Ft 2.22
400K gross leasable area 1,000 Sq Ft 2.0O
Genera! Office
I OK gross floor area I ,000 Sq Pt 4.48
25 K gross floor area I ,000 Sq Ft 4.15
56K gross floor area I ,060 5y Ft 3.91
100K gross floor area 1,660 Sq Ft 3.G9
Industrial
Business Park 1,000 Sq Ft 3.16
Mini-warehouse 1,600 Sq Ft O.Oa
Warehousing 1,000 Sq Ft I28
Manufacturing 1,000 Sq Ft 1.79
Light Industrial 1,000 Sq Ft 2.31
Other Non-residential
Medical-Dental Office 1,000 Sq Ft 4.05
Nursing HomelGroup Home bed 0.36
Hospital 1,000 Sq Ft 3.38
Day CarcfPrivatc Schools student U.IG
Lodging room {},?1
For calculation of the above fees see Chapter 7 of the Butte County Impact Fee Study dated October
29, 2004
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The most recent amount on the index, dated November 2004, is $209.27.
3-271 Periodic adjustment to fire facility/vehiclelequipment fees.
From time to time, the Fire Department may submit documentation substantiating that there has been
an increase in the cost of acquiring and/or developing fire facilitieslvehicles/equipment within the
unincorporated area of Butte County, and requesting an increase in the fire facility/vehicle/equipment
fee authorized and levied pursuant to the provisions of this article. The board of supervisors may
increase this fee, in an amount proportional to the increase in such costs. The determination of
whether there has been an increase in the cost of acquiring andlor developing such fire
faeilitiesJvehicleslequipment and the amount of the increase in the fire faeilitylvehicle/equipment fee
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which is proportional to the increase in such costs shall be made by the board of supervisors based on
the following:
The net percentage increase in the Engineering News Record Construction Cost Index for San
Francisco {using the CCI column of the "ENR City Cost Index -- San Francisco")(based on 1913 U.S.
average = 100) as last published in the Engineering News Record McGraw Hill Construction Weekly
(or on the Internet) between the date of such increase and the effective date of this section or any
prior increase in the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amountlamount of index at time of existing fee) x
~ existing fee =new fee.
3-272 Credit for fire facilitylvehiclelequipment fees previously paid.
Where firs facility/vehicle/equipment fees have previously been paid in whole or in part as to the real
property upon which the structures are to be added, the owner of said real property shall be entitled to
a credit or partial credit for the amount paid against the fees owing pursuant to this article. Such fees
$
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may previously have been paid to another jurisdiction or to Butte County where such fees have been
paid for a use that is being converted to a different or more intensive use.
3-273 Exemptions from fire facility/vehiclelequipment fees.
Notwithstanding any provisions of this article to the contrary, a fire facilitylvehiclelequipment fee
shall not be authorized and levied upon an owner of real property located in the unincorporated area
of Butte County adding or enlarging one (1 } or more structures to 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 structures or the amount of chargeable space in such reconstructed structure is no greater
than the number of structures or the amount of chargeable space in the structure prior to such
damage, destruction or demolition.
(c) Where the structure is located within the North Chico Specific Plan area and a separate fee is
charged pursuant to Butte County Code Section 3-164.
(d) Where the structure is located within the E1 Medio Fire District.
3-274 Payment of fire facititylvehicle/equipment fees.
(a) Time of payment: The fire facility/vehicle/equipment fees authorized 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, or for the change in
~ use of a nonresidential building or mobile home to a residential use, or for the change in use of a
~ residential building to any use other than residential;
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{2} The issuance of an installation or utility connection permit for a mobile home or factory-built
home in which such dwelling unit is to he located; or
(3) The occupation of such dwelling unit.
(b) Such fees shall be paid to the County of Butte, Department of Development Services, Building
Division, in the amount specified in §3- 270.
3-275 Deposit of fire facility/vehiclelequipment fee revenues in fire facilitylvehielelequipment
fund.
All revenues from the fire facility/vehicle/equipment fees authorized and levied pursuant to the
provisions of this article shall, when received by the County of Butte, be deposited in a separate fire
facilitylvehicle/equipment fund thereafter appropriated. and used only for the acquisition andtor
development of either fire facilities or land in the manner hereinafter provided by this article, or the
purchase of vehicles or equipment.
3-276 Appropriation of fire facility/vehicle/equipment fee revenues for the acquisition and
development of fire facilities/vehicleslequipment.
All revenues from the fire facility/vehiclelequipment fee authorized 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 a separate fund pursuant to this article shall be appropriated by
the Board of Supervisors in a manner consistent with the Impact Fee Study dated October 29, 2004
and the Butte County Capital Facilities Master Plan dated February 2004 and adopted March 9, 2004
and only for the acquisition andtor development of those types of fire facilities/vehicleslequipment
~ identified in these plans.
3-277 Report re disposition of fire facilitylvehiclelequipment fee revenues; action re
(unexpended revenues.
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(a) Within 180 days after the last day of each fiscal year the Auditor/Controller of the County of
Butte shall provide to the Board of Supervisors a report 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~~'66006{b).
~ (b) Action by the Board of Supervisors: Commencing with the fifth fiscal year following the first
receipt of any revenues from fire facilityivehicle/equipment fees authorized and levied pursuant to
the provisions of this article, and every five years thereafter, the board of supervisors, following
receipt of the Butte County Auditor/Controller's report, shall make the required findings with respect
to any unexpended fire facility/vehicle/equipment fee revenues in the fire facility/vehicle/equipment
fund as set forth in Government Code Section 66001 {d). In the event that the fire
facilityivehicle/equipment fee revenues are found not to have been diligently expended, the board of
supervisors may take one of the following actions:
(1) Order the expending of all or any part of such unexpended fire facility/vehicle/equipment fee
revenues for the acquisition andlor development of fire facilitieslvehiclelequipment in the manner
hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexpended fire facility/vehicle/equipment
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 fire facility/vehicle/equipment 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 fire
facilityivehicle/equipment fee revenues exceed the amount to be refunded, the board of supervisors,
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after considering the matter at a public hearing, notice of which is given in the manner provided for
by Government Code Section 6b001(f), 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 detern~ines will benefit the properties for which the Lire
facilitytvehicle/equipment fees were paid.
3-278 Other if;re facility/vehicle; equipment requirements.
The provisions of this article shall not relieve the owner of any real property located within the
unincorporated area of Butte County from the obligation of complying with any requirements that are
imposed pursuant to other provisions of this code, state law, or federal law at the time of approval of
a subdivision map, parcel map, building permit, or other ]and use entitlement regarding the funding
of fire facilitieslvehicles, equipment.
3-279 Notation of subdivision maps.
As a condition of approval of tentative subdivision. maps, final maps shall contain a notation with
regard to the imposition of the Development Impact Fees for Fire Facilities/Vehicles/Equipment. The
notation shall include information to the effect that a Development Impact Fee for Fire
Facilities/VehicleslEquipment will be required at the time of the issuance of a building permit and
~ that such fee will be determined and calculated as of the date of application for the building permit,
as opposed to the time of the filing of the final map or issuance of the use permit.
3-280 Reserved.
13-281 Reserved.
13-282 Reserved.
13-283 Reserved.
13-284 Reserved.
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~ Section 2. Severability. If any provision of this Ordinance ar 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 ar 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 (15) days after its passage, to publish this Ordinance once, with the names of the
members of the Baard of Supervisors voting for and against it, in the Chico Enterprise-Record, a
~ newspaper published in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the Cotmty of Butte, State of
(Califarnia, on the 14`'' day of December 2004, by the fallowing vote:
AYES: Supervisors Dolan, Houx And Chair Beeler
NOES: Supervisars Josiassen and Yamaguchi
( ABSENT: None
NOT VOTING: None
I ATTEST
Paul McIntosh
Chief Administrative Officer
and Clerk of the Board
/~ ''1
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Kim K. Yamaguchi, Chair
Butte Caunty Board of Supervisors
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