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Ordinance No. 3895
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING
ARTICLE XX TO CHAPTER 3 OF THE BUTTE COUNTY CODE TO
ESTABLISH DEVELOPMENT IMPACT FEES FOR GENERAL GOVERNMENT
VEHICLES AND EQUIPMENT IN THE UNINCORPORATED
AND INCORPORATED AREA OF BUTTE COUNTY
The Board of Supervisors of the County of Butte ordains as follows:
Section L Article XX is hereby added to Chapter 3 of the Butte County Cade, to read as follows:
Article XX. Development Impact Fees for General Government Vehicles and Equipment in
the Unincorporated and Incorporated Areas of Butte County
3-249 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 56000 and following of the Government Code
for the purpose of authorizing and levying development impact fees for general government vehicles
and equipment 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 sufficient to
defray the cost of purchasing vehicles and equipment made necessary to serve the additional vehicle
and equipment needs arising from an increase or change in the use of such property.
3-214 Findings.
The board of supervisors makes the following findings and determinations required by
Government Code Section 55001 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 im population, housing units, and jobs over a
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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 the unincorporated and incorporated area of Butte County that will create a
need for the purchasing of general government vehicles and equipment. Over time, existing
general government vehicles and equipment will become insufficient in number to meet the
needs of the new residential, commercial, general office, industrial and other non-residential
development. Based on the County of Butte Impact Fee Study dated October 29, 2004, new
residential, commercial, general office, industrial and non-residential development occurring
within said area will create the need far additional vehicles and equipment.
(b) Use of Revenues From Fees To Meet General Government Vehicle and Equipment Needs:
All revenues from the development impact fees, authorized and levied on new residential,
commercial, general office, industrial and non-residential development, pursuant to the
provisions of this article, will be used for the purchase of additional general government
vehicles and equipment within the unincorporated and incorporated area of Butte County,
which will meet the need for such vehicles and equipment caused by such new residential,
commercial, general office, industrial and non-residential development. In accordance with the
provisions of this article, all such revenues must be deposited in a general government vehicle
and equipment fund and thereafter appropriated by the board of supervisors for the acquisition
and development of general government vehicles and equipment, of benefit to the-persons
owning, or residing and working in, the structures upon which the fees are imposed. The
development impact fees will address vehicles and equipment used in performing general
government functions including heavy equipment in Public Works. This would include such
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items as flatbed trailers, pick-ups, sedans, sprayers, SW's, vans, utilzty trucks, dump trucks,
backhoes, tractors, mowers, rollers, carpet cleaners, paint shakers, weight trucks, graders, front
end loaders, cranes, cement mixers, snow plows, trailers, welders, and other similar vehicles
and equipment. This will also include vehicles and equipment for the landfill such as trash
compactors, articulated dump trucks, crawler tractors, water tractors, etc. Equipment will
include firearms and magazines, body armor and vests, holsters, wallet badge and holder,
handcuffs and case, flashlight and charger, voice recorders, spray and holder, rain gear,
radios/mikelchargers, flashlights, hats, and computers.
(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 non-
residential development, pursuant to the provisions of this article, will not exceed that which is
necessary to fund the general government vehicles and equipment attributable to the new
residential, commercial, general office, industrial and 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 non-residential development will
be equal to that necessary to fund additional vehicles and equipment for the increase in
population, housing units, and jobs that will eventually occur in Butte County by the year
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(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.
{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 general government vehicles and
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equipment within the unincorporated and incorporated area of Butte County made necessary by
the anticipated increases in population, housing units, and jobs.
(f} Vehicles and equipment identified: The vehicles and equipment that will be financed
wholly or in part by the fees are those identified in chapter 5 of the County of Butte Impact Fee
Study dated October 29, 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 §§212,
213 and 219.
(h) Relationship between need for facilities and type of development: There is a reasonable
relationship between the need for the general government 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 §§212 and 213.
~ (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 general government 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 §213, and in
chapter 5 of the Butte County Impact Fee Study dated October 29, 2004.
~ 3-211 Definitions.
Unless the contrary is stated or clearly appears from the context, the fallowing 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
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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 24-305.120.
(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
the site; or any condition or combination of conditions which create a greater need for general
government vehicles and equipment.
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3-212 Imposition of general government vehicle and equipment fees.
A general government vehicle and equipment 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 on 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.
3-213 Amount of general government vehicle and equipment fees.
The amount of development impact fees for general government vehicle and equipment authorized
and levied pursuant to the provisions of this article shall be as follows:
Impact fees per Unit of Development in Incorporated Areas:
land Use Category Dev. Units Service Pop Per Unit Impact Fee Per Unit
Residential
Single Family D.U. 2.67 $57.35
Multifamily D.U. 2. l 3 $45.80
Mobile Home D.U. 2.18 $46.84
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CommerciaUShonaing Center
25K grass leasable area 1,000 Sq Ft 3.33
50K gross leasable area 1,000 Sq Ft 2.86
100K gross leasable area 1,000 Sq Ft 2.50
200 K gross leasable area 1,000 Sq Ft 2.22
40010 gross leasable area 1,000 Sq Ft 2.00
General Office
I OK gross floor area 1,000 Sq Ft 4.48
2SK grass floor area 1,000 Sq Ft 4.15
SOIC gross floor area 1,000 5q Ft 3.9 i
100K gross floor area 1,000 Sq Ft 3.69
Indsstrial
Business Park 1,000 5q Ft 3.16
Mini-Warehouse 1,000 Sq tat 0.04
Wazehousing 1,000 5q Ft 1.28
Manufacturing 1,000 Sq Ft 1.79
Light Industrial 1,000 Sq Ft 2.31
Ocher Nan-residential
Medical-Dental Office 1,000 Sq Ft 4.05
Nursing IlomelGroup Hame bed 0.36
Hospital 1,000 Sq Ft 3.38
Day CarlPrivate Schools student 0.16
bodging room 0.71
', Impact Fees per Unit of Development in Unincorporated Areas for General Govern~nen# Vehicles
Land Use Category Dev. Units Service Pop Impact Fee Impact Fee Impact Fee
Per Unit Per Unit Per Unit Per Unit
~u~~~~~~a~ ~co~~~~a~I (Total)
Residential
Single Family D.U. 2.67 $219.29 $57.35 $276.64
Multifamily D.U. 2.13 $175.09 $45.80 $220.89
Mobile Home D.U. 2.1$ $179.10 $46.84 $225.94
Commercia!/Shanuing Center
2SK gross leasable area 1,000 Sq Ft 3.33
50K grass leasable area 1,000 Sq Ft 2.$6
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
General Office
l OK gross floor area 1,000 5q Ft 4.48
25K gross floor area 1,000 Sq Ft 4.1 S
SOK gross floor area 1,000 Sq Ft 3.91
100K gross floor area 1,000 Sq Ft 3.69
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Industrial
Business Park 1,000 Sq Ft 3.16
Mini-Warehouse 1,000 Sq Ft 0.0~!
Warehousing 1,060 Sq Ft 1.28
Manufacturing 1,000 Sq Ft 1.79
Light lndustrial 1,000 Sq Ft 2.31
Other Non-residential
Medical-Dental Office 3,000 Sq Ft 4.05
lYutsing Homc/Group Home bed 0.3G
I-laspital ],000 Sq Ft 3.38
Day Carell'rivate Schools student 0.16
Lodging roam 0.71
Far calculation of the above fees see Chapter S of the Butte County Impact Fee Study dated October
29, 2004.
The most recent amount on the index, dated November 2004, is $209.27.
3-214 Periodic adjustment to general government vehicle and equipment fees.
From time to time, the general services director may submit documentation substantiating that there
has been an increase in the cost of purchasing general government vehicles and equipment within the
unincorporated and incorporated area of Butte County, and requesting an increase in the general
government vehicle and equipment fee authorized and levied pursuant to the provisions of this
article. The boazd 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 purchasing such
general government vehicles and equipment and the amount of the increase in the general
~ government vehicle and equipment fee which is proportional to the increase in such casts shall be
~ made by the boazd 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 '',
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(or on the Internet) between the date of such increase and the effective date of this section or any
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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
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existing fee =new fee.
3-215 Credit for general government vehicle and equipment fees previously paid.
Where general government vehicle and 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 far 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 for a use that is being converted to a different or more intensive use.
3216 Exemptions from general government vehicle and equipment fees.
Notwithstanding any provisions of this article to the contrary, a general government vehicle and
equipment fee shall not be authorized and levied upon an owner of real property located in the
unincorporated or incorporated area ofButte County adding or enlarging one (1) or mare structures to
such property or converting the use thereof to a more intensive use under the following
circumstances:
(a) Where the structure is awned 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 strictures 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.
3-217 Payment of general government vehicle and equipment fees.
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(a) Time of payment: The general government vehicle and equipment fees authorized and levied
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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 far 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- 213.
3-218 Deposit of general government vehicle and equipment fee revenues in general
government vehicle and equipment fund.
All revenues from the general government vehicle and 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 general government vehicle and equipment fund thereafter appropriated and used only for
the purchase of general government vehicles and equipment in the manner hereinafter provided by
this article.
3-219 Appropriation of general government vehicle and equipment fee revenues for the
purchase of general government vehicle and equipment.
All revenues from the general government vehicle and equipment 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
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October 29, 2004 and only for the purchase of those types of general government vehicles and
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equipment identified in that plan.
3-220 Report re disposition of general government vehicle and equipment fee revenues; action
re unexpended revenues.
{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 sepazate 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 general government vehicle and 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 general government vehicle and equipment fee revenues in the
general government vehicle and equipment fund as set forth in Government Code Section 66001(d).
In the event that the general government vehicle and 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 general government vehicle and
equipment fee revenues for the purchase of general government vehicles and equipment in the
manner hereinbefore provided by this article;
{2) Make a finding with respect to all or any part of such unexpended general government vehicle
and 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 aze derived
and the purpose for which they were charged; or
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1 (3) Order the refund of all or any part of such unexpended general government vehicle and equipment
2 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
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government vehicle and equipment fee revenues exceed the amount to be refunded, the board of
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6 supervisors, after considering the matter at a public hearing, notice of which is given in the manner
7 provided for by Government Code Section 66001(f), may order the expending of such revenues for
~ any other vehicle and equipment ar improvement for which development fees are charged or
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otherwise imposed pursuant to this Code and which the board of supervisors determines will benefit
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the properties for which the general government vehicle and equipment fees were paid.
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12 3-221 Other general government vehicle a~ad equipment requirements.
13 The provisions of this article shall not relieve the owner of any real property located within the
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county, both the incorporated and unincorporated areas, from the obligation of complying with any
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16 requirements that are imposed pursuant to other provisions of this code, state law, or federal law at
1 ~ the time of approval of a subdivision map, parcel map, building permit, or other land use entitlement
18 regarding the funding of general government vehicles and equipment.
19 3-222 Notation of subdivision maps.
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21 As a condition of approval of tentative subdivision maps, final maps shall contain a notation with
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22 regard to the imposition of the Development Impact Fees for General Government Vehicles and
23 Equipment. The notation shall include information to the effect that a Development Impact Fee for
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General Government Vehicles and Equipment will be required at the time of the issuance of a
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building permit and that such fee will be determined and calculated as of the date of application far
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27 the building permit, as opposed to the time of the filing of the final map or issuance of the use permit.
28 3-223 Reserved.
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13-224 Reserved.
3-225 Reserved.
3-22G Reserved.
3-227 Reserved.
~ Sect~on_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
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:
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AYES: Supervisors Dolan, Houx and Chair Beeler
NOES: Supervisors 7osiassen and Yamaguchi
ABSENT: None
NOT VOTING: None
Kim K. Yamaguchi, Chair
Butte County Board of Supervisors
ATTEST
Paul McIntosh
Chief Administrative Officer
and Clerk of the Board
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