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Ordinance No. 3894
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XIX
TO CHAPTER 3 OF THE BUTTE COUNTY CODE TO ESTABLISH
DEVELOPMENT IMPACT FEES FOR GENERAL GOVERNMENT FACILITIES
IN THE UNINCORPORATED AND INCORPORATED AREA OF BUTTE COUNTY
The Board of Supervisors of the County of Butte ordains as follows:
Section T. Article XIX is hereby added to Chapter 3 of the Butte County Code, to read as follows:
Article XIX. Development Impact Fees for General Government
Facilities in the Unincorporated and Incorporated Areas of Butte County
3-190 Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI,
Section 7 of the California Constitution, and Section 65004 and following of the Government Code
for the purpose of authorizing and levying development impact fees for general government facilities
upon the owners of real property located in all parts of Butte County, to include both the
unincorporated and incorporated areas, adding one (1} or more new residential, commercial, general
office, industrial, or other non-residential units to such property, in an amount suffident to defray the
cast of constructing or improving general government facilities made necessary to serve the
additional facilities needs arising from an increase or change in the use of such property.
',I 3-191 Findings.
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 aver a
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twenty year period, from 2004 to 2023. It projects that population will increase by 40%,
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 general government facilities. Over time, existing general government facilities will
become insufficient in number, size, and location to meet the needs of new residential,
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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 298,353 square feet of space of general
governmental facilities.
(b) Use of Revenues From Fees To Meet General Government Facilities 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 general government
facilities within the unincorporated and incorporated area of Butte County, which will meet the
need for such facilities 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 general government facility fund and thereafter
appropriated by the board of supervisors for the acquisition and development of general
government facilities, of benefit to the persons owning, or residing and working in, the
structures upon which the fees are imposed. General government facilities will include office,
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maintenance, and storage space, as well as the land necessary to expand these facilities.
General government capital projects would be needed to support future growth, including
reconfiguring existing space and the construction of new facilities. These projects will include
improving, expanding, relocating, demolishing, renovating or rehabilitating general
government facilities.
(c) Fees Do Not 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 general government 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 298,353 square feet ofnew general government facilities
space 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,
'I housing units, and jobs, development impact fees are the only equitable way for new
development to contribute to maintaining existing levels of service.
(e} Purpose of fees: The purpose of the fees authorized and levied by this article is to defray
the cost of improvements to those general government facilities within the unincorporated and
incorporated area of Butte County made necessary by the anticipated increases in population,
~ housing units, and jobs.
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(f) Facilities identified: The facilities that will be financed wholly or in part by the fees are
those identified in chapter 4 of 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.
(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 the provisions of this article, including but not limited to §§193,
194 and 200.
(h) Relationship between need for facilities and type of development: There is a reasonable
relationship between the need for the general government facilities 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 § § 193 and 194.
(i) Relationship between amount of fees and cast of facilities: There is a reasonable
relationship between the amount of the fees and the cast of the general government facilities 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 § 194, and in chapter 4 of the Butte
County Impact Fee Study dated October 29, 2004.
3-1.92 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) Single Family Residence is as defused 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
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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 24-345.120.
(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 ar 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
the site; or any condition or combination of conditions which create a greater need for general
government facilities.
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3-193 Imposition of general government facility fees.
A general government facility development impact fee shall be authorized and levied upon any owner
of real property located in the unincorporated and incorporated area of Butte County, with the fee to
be collected in the incorporated area by each respective municipality through an agreement with
Butte County, adding one (1) or more new residential, commerciallshopping 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 an the property or
connection thereof to utilities, the change of any use of a building that is other than residential on the
property to a residential use, or the change in use of a residential building to any 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 or incorporated 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.
3-194 Amount of general government facility fees.
~ The amount of development impact fees for general government facilities authorized and levied
~ pursuant to the provisions of this article shall be as follows:
~ Impact Fees per Unit of Development in Incorporated Cities and Towns
Land Use Category Dev. Units Service Pop Per Unit Impact Fee Per Unit
Residential
Single Family D.U. 2.67 $399.87
Multifamily D.U. 2.13 $319.29
Mohile biome D.U. 2.18 $326.59
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Commercial/Shonnin~2 Center
25K gross leasable area 1,000 Sq Ft 3.33
SOK gross leasable area 1,000 Sq Ft 2.86
1 OOK gross leasable area 1,DD0 Sq Ft 2.50
200 K gross leasable area 1,000 Sq Ft 2.22
400K gross leasable area 1,000 Sq FT 2.00
General Office
10K gross floor area 1,000 Sq Ft 4.48
25K gross Floor area 1,000 Sq Ft 4.15
SOK gross floor area 1,000 Sq Ft 3.91
100K gross floor area 1,000 Sq Ft 3.69
Industrial
Business Park 1,000 Sq Ft 3.16
Mini-Warehouse 1,000 Sq Ft 0.04
Warehousing 1,000 Sq Ft 1.28
Manufacturing 1,000 5q Ft 1.79
Light industrial 1,000 Sq Ft 2.31
Other Non-residential
Medicai-Denta! Office 1,D00 Sq Ft 4.05
Nursing Home/Graup Home bed 0.36
Hospital 1,000 Sq Ft 3.38
Day Care/Private Schools student 0.16
Lodging room 0.71
Impact Fees per Unit of Development in Unincorporated Areas
Land Use Category Dev
Units Service Pop
per Unit Impact Fee
per Unit
{Unincarparated) Impact Fee
Per Unit
{Incorporated) Impact Fee
Per Unit
(Total)
Residential
Single Family D.U. 2.67 $199.87 $399.87 5599.81
Multifamily D.U. 2.13 $159.65 $319.29 $478.93
Mobile Home D.U. 2.18 $163.30 $326.59 $489.89
CommerciaUShonpin~ Center
25K gross leasable area l,DDO Sq Ft 3.33
SOK gross leasable area 1,000 Sq Ft 2.85
100K gross leasable area 1,000 Sq Ft 2.50
200 K gross leasable area 1,000 Sq Ft 2.22
400K gross leasable area 1,000 Sq Ft 2.00
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General 4f~ce
l OK gross floor area 1,000 Sq Ft 4.48
25K grass floor area 1,000 Sq Ft 4.15
SOK gross floor area 1,000 Sq Ft 3.91
100K gross floor area 1,000 Sq Ft 3.G9
Industrial
Business Park 1,000 Sq Ft 3.16
Mini-Warehouse 1,000 Sq Ft 0.04
Warehousing 1,000 Sq Ft 1.28
Manufacturing 1,000 Sq Ft 1.79
Light Industrial 1,000 5q Ft 2.31
Other Non-residential
Medical-Dental Office 1,000 Sq Ft 4.05
Nursing HomelGroup Home bed 6.36
Hospital 1,000 Sq Ft 3.38
Day Care/Private Schools student 0.16
Cadging morn 0.71
For calculation of the above fees see Chapter 4 of the Butte County Impact Fee Study dated October
29, 2004.
The most recent amount on the index, dated November 2004, is 8209.27.
3-195 Periodic adjustment to general government facility fees.
From time to time, the general services director may submit documentation substantiating that there
has been an increase in the cost of acquiring and/or developing general government facilities within
the unincorporated and incorporated area of Butte County, and requesting an increase in the general
government facility 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 and/or developing such
general government facilities and the amount of the increase in the general government facility fee
which is proportional to the increase in such costs shall be made by the board of supervisors based on
jj the following:
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The net percentage increase in the Engineering News Record Construction Cost Index for San
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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 Weel~ly
{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 amount/amount of index at time of existing fee) x
existing fee =new fee.
3-196 Credit for general government facility fees previously paid.
Where general government facility fees have previously been paid in whole or in part as to the real
property upon which the structures aze 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
may previously have been paid to another jurisdiction or to Butte County where such fees have been
paid far a use that is being converted to a different or more intensive use.
3-197 Exemptions from general government facility fees.
Notwithstanding any provisions of this article to the contrary, a general government facility fee shall
not be authorized and levied upon an owner of real property located in the unincorporated or
incorporated 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
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than the number of structures ar the amount of chargeable space in the structure prior to such
damage, destruction or demolition.
3-198 Payment of general government facility fees.
{a) Time of payment: The general government facility 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 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;
(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 be 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- 194.
3-199 Deposit of general government fatality fee revenues in general government facility fund.
All revenues from the general government facility fees authorized and levied pursuant to the
provisions of this article shall, when received by the County of Butte, be deposited in a separate
general government facility fund thereafter appropriated and used only for the acquisition and/or
development of either general government facilities or land in the manner hereinafter provided by
this article.
3-200 Appropriation of general government facility fee revenues for the acquisition and
~ development of general government facilities.
All revenues from the general government facilities fee authorized and levied pursuant to the
provisions of this article and received by the County of Butte, Department of Development Services,
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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 and/or development of those general government facilities identified in
these plans.
3-201 Report re disposition of general government facility fee revenues; action re unexpended
revenues.
(a) Within 180 days after the last day of each fiscal year the AuditorlController ofthe 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 Section 66006(b}.
(b} Action by the Board of Supervisors: Commencing with the fifth fiscal year following the first
receipt of any revenues from general government facility 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 general government facility fee revenues in the general government facilities fund as set
forth in Government Code Section 66001{d). In the event that the general government facility fee
revenues aze found not to have been diligently expended, the board of supervisors Fray take one of
the following actions:
(1}Order the expending of all or any part of such unexpended general government facility fee
revenues for the acquisition and/or development of general government 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 general government facility fee
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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 general government 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 general government
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 Government Code
Section 6fi001(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 determines will benefit the properties for which the general government facility fees
were paid.
3-202 Other general government facility requirements.
The provisions of this article shall not relieve the owner of any real property located within the
county, both the incorporated and unincorporated areas, 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 land use entitlement
regarding the funding of general government facilities.
3-203 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 General Government Facilities. The
notation shall include information to the effect that a Development Impact Fee for General
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Government Facilities 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.
3-204 Reserved.
3-245 Reserved.
f 3-206 Reserved.
3-207 Reserved.
3-208 Reserved.
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
applications or the Ordinance which can be given effect without the invalid provision or application
I thereof.
Section 3. Effective Date and Publication. This Ordinance shall take effect sixty (60) days after the
1 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 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 County of Butte, State of
California, on the 14~' day of December, 2004, by the following vote:
AYES: Supervisors Dolan, Houx and Chair Beeler
~~ NOES: Supervisors Josiassen and Yamaguchi
II ABSENT: None
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NOT VOTING: None
Kim K. Yawnaguchi, Chair
Butte County Board of Super`+isors
ATTEST
Paul McIntosh
Chief Adnninistarative Officer
and Clerk of the Board
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