HomeMy WebLinkAbout38961
2
3
4
Ordinance No. 3896
5 AN ORDINANCE OF THE COUNTY OF BUTTE
6 ADDING ARTICLE XVIII TO CHAPTER 3 OF THE BUTTE
7 COUNTY CODE TO ESTABLISH DEVELOPMENT IMPACT FEES
8 FOR LIBRARY FACILITIES AND EQUIPMENT IN THE
9 UNINCORPORATED AND INCORPORATED AREA OF BUTTE COUNTY
10
11 The Board of Supervisors of the County of Butte ordains as follows:
12 Section ].. Article XVIII is added to Chapter 3 of the Butte County Code to read as follows:
13 Article XVIII. Development Impact Fees for Library Facilities and Equipment
14 in the Unincorporated and Incorporated Area of Butte County
15 3-171 Purpose.
16 This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI,
17 Section 7 of the California Constitution, and Section 66000 and following of the Government Code
for the purpose of authorizing and levying library facilities and equipment fees upon the owners of
18
real property located in all parts of Butte County, to include both the unincorporated and
19 incorporated areas, adding one (1) or more new residential units to such property, in an amount
20 sufficient to defray the cost of providing library facilities and equipment made necessary to serve the
21 additional library needs arising from an increase ar change in the use of such property.
22 3-172 Findings.
23 The board of supervisors makes the following findings and determinations required by Government
24 Code Section 66401 in regard to the development impact fees authorized and levied pursuant to the
25 provisions of this article:
26
X
2 (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 jabs over a twenty year
3
period, from 2004 to 2023. It projects that population will increase by 40%, housing units will
4
increase by 39%, and jobs will increase by 39%. As result, there will be new residential
5 development occurring within Butte County that will create a need for the acquisition and
~ development of additional library facilities and equipment. Over time, existing library facilities and
7 equipment will become insufficient in number, size, and location to meet the needs of new
g residential development. Based on the County of Butte Impact Fee Study dated October 29, 2004
9 and the Butte County Capital Facilities Master Plan, dated February 2004 and adopted March 9,
10 2004, new residential development occurring within Butte County will create the need for an
additiona159,270 square feet of library facilities, Z vehicles (a book mobile and a literacy van), and
11
325,843 items to loan.
12
(b) Use of Revenues From Fees To Meet Library facilities and equipment Needs: All revenues from
13
the development impact fees, authorized and levied on new residential development, pursuant to the
14 provisions of this article, will be used for the acquisition and development of additional library
15 facilities and equipment within the unincorporated and incorporated area of Butte County, which will
16 meet the need for such facilities caused by such new residential development. In accordance with
17 the provisions of this article, all such revenues must be deposited in a library facility fund and
1 g thereafter appropriated by the board of supervisors far the acquisition and development of libxary
19 facilities and equipment, of benefit to the persons owning the structures upon which the fees are
20 imposed. Library facilities and equipment will include the capital cast of expanding library facilities
and equipment including the design, engineering, construction, land acquisition costs, furniture,
21
fixtures and equipment for the expanding facilities, and acquiring and adding to the library's
22 collection of materials, and equipment including the purchase of mobile library service vehicles.
23
(c} Fees Do Not Exceed Level Necessary To Meet Need: The development impact fees authorized
24 and levied on new residential development, pursuant to the provisions of this article, will not exceed
25 that which is necessary to fund the library facilities and equipment attributable to the new residential
26 development upon which such fees are imposed. In particular, the development impact fees
1
2 authorized and levied on new residential development will be equal to that necessary to fund an
additiona159,270 square feet of library facilities, 2 vehicles {a book mobile and a literacy van), and
3
325,843 items to loan for the increase in population, housing units, and jobs that will eventually
4
occur in Butte County by the year 2023.
5
6
{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
7 contribute to maintaining existing levels of service.
8
{e) Purpose of fees: The purpose of the fees authorized and levied by this article is to defray the cost
9 of improvements to those library facilities and equipment within the unincorporated and
10 incorporated area of Butte County made necessary by the anticipated increases in population,
11 housing units, and jobs.
12 {f) Facilities identif ed: The facilities that will be financed wholly or in part by the fees are those
13 identified in chapter 6 of the County of Butte Impact Fee Study dated October 29, 2004, and the
14 Butte County Capital Facilities Master Plan dated February 2004 and adapted March 9, 2004.
15 {g) Relationship between use of fees and type of development: There is a reasonable relationship
16 between the use ofthe fees and the type of development project on which the fees are imposed, as set
17 forth in the provisions of this article, including but not limited to § § 174, 175, and 1 S 1.
1 g (h) Relationship between need for facilities and type of development: There is a reasonable
19 relationship between the need for the library facilities 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
24
limited to §§ 174 and 175.
21
(I) Relationship between amount of fees and cost of facilities: There is a reasonable relationship
22
between the amount of the fees and the cost of the library facilities and equipment or portions thereof
23
attributable to the development on which the fees are imposed, as set forth in the provisions of this
24 article, including but not limited to § 175, and in chapter 6 of the Butte County Impact Fee Study
25 dated October 29, 2004.
26
3
2 3-173 DeBnitians.
3
Unless the contrary is stated or clearly appears from the context, the following definitions shall
4
govern the construction of the words and phrases used in this arkicle:
5
(a} Single Family Residence is as defined in Butte County Code section 24-3Q5.130 and includes
6
Duplex as defined in Butte County Code section 24-305.1 O5, 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
8 House as defined in Butte County Code section 24-305.175
9 (b) Multifamily Residence is as defined in Butte County Code section 24-305. i 20.
i0
{c} Mobile Home is as defined in Butte County Code section 24-305.280 and includes Modular
11 Home as defined in Butte County Code section 24-305.2$8, as well as a manufactured home, but not
12 a temporary mobile home as def ned in Butte County Code section 24-295.
13 (d} Chargeable Space shall mean all of the hovered and enclosed space determined to be within the
14 perimeter of a commercial, industrial, office or school structure, not including any parking structure.
1S The determination of the chargeable space, to be expressed in the number of square feet, shall be
16 made by the Building Division of the Development Services Department of the County, in
17 accordance with the standard practice of the County.
18 (e} Development shall mean any project undertaken for the purpose of development, and includes a
19 project involving the issuance of a permit for construction or reconstruction, but not a permit to
operate.
20
21 (fl 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.
22
23 (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,
24
occupants, participants or other persons onsite; the generation of more vehicular traffic to and from
25 the site; or any condition or combination of conditions which create a greater need for library
26 facilities and equipment.
4
1
2 3-174 Imposition of development impact fees for library facilities and equipment.
3 A library facilities and equipment development impact fee shall be authorized and levied upon any
4 owner of real property located in the unincorporated and incorporated area of Butte County, with the
5 fee to be collected in the incorporated area by each respective municipality through an agreement
6 with Butte County, adding one (1) or more residential units to such roe rncident to the
p p rtY
~ construction of a new building on the property, the installation of a mobile home or factory-built
8
home on the property or connection thereof to utilities, or change of any use of a building that is
9
other than residential on the property to a residential use. Fees authorized and levied hereunder as to
i0
the installation of a mobile home or factory-built home or the connection of a mobile home or
11
12 factory built home to utilities, shall only he authorized and levied at the initial location of said
l3 mobile home or factory-built home in the unincorporated ar incorporated area of Butte County and if
14 such location is on a space, site, or other property on which no other mobile home or factory-built
15 home was previously located.
16 3_1.75 Amount of impact fees for library facilities and equipment.
17
18 The amount of impact fees for library facilities and equipment authorized and levied pursuant to the
19 provisions of this article shall be as follows:
20
21
22
23
24
25
26
Dwelling Chit Type Library Facilities Library Materials Library Vehicles Total
Single-FamiiyResidential $217.34 $146.20 $4.36 $370.57
Multi-Family Residential $173.54 $ I ] 6.74 $3.48 $295.89
Mobile Home/Factory Hause $177.51 $119.41 $3.56 $302.66
5
2 For calculation of the above fees see Chapter 6 of the Butte County Impact Fee Study dated October
3
29, 2004.
4
5
The mast recent amount on the index, dated November 2004, is 8209.27.
3-176 Periodic adjustment to library facilities and equipment fees.
6
From time to time, the county librarian may submit documentation substantiating that there has been
7
8 an increase in the cost of acquiring and/or developing library facilities and equipment within the
9 unincorporated and incorporated area of Butte County, and requesting an increase in the library
10 facilities and equipment fee authorized and levied pursuant to the provisions of this article. The
1 I board of supervisors may increase this fee, in an amount proportional to the increase in such costs.
12 The determination of whether there has been an increase in the cost of acquiring and/or developing
13 such library facilities and equipment and the amount of the increase in the library facilities and
14 equipment fee which is proportional to the increase in such costs shall be made by the board of
i 5 supervisors based on the following:
16 The net percentage increase in the Engineering News Record Construction Cost Index for San
17 Francisco {using the CCI column of the "ENR City Cost Index -San Francisco")(based on 1913
IS
U.S. average = 100) as last published in the Engineering News Record McGraw Hiil Construction
19
Weekly (or on the Internet}between the date of such increase and the effective date of this section or
20
any prior increase in the fee made pursuant to the provisions of this section.
21
22 The formula for adjusting the fee is: {New index amount/amount of index at time of existing fee) x
23 existing fee =new fee.
24 3-177 Credit for library facilities and equipment fees previously paid.
25 Where library facilities and equipment fees have previously been paid in whole or in part as to the
26 real property upon which the structures are to be added, the owner of said real property shall be
6
1
2 entitled to a credit or partial credit for the amount paid against the fees awing pursuant to this article.
3 Such fees may previously have been paid to another jurisdiction or to Butte County where such fees
4 have been paid for a use that is being converted to a different or more intensive use.
S
~ 3-178 Exemption from library facilities and equipment fees.
~ Notwithstanding any provisions of this article to the contrary, a library facilities and equipment fee
g shall not be authorized and levied upon an owner of real property located in the unincorporated or
9 incorporated area of Butte County adding or enlarging one {1) or more structures to such property or
10 converting the use thereof to a more intensive use under the following circumstances:
11 (a} Where the structure is awned by a governmental agency.
12 (b) Where the structure is a building, or is within a building, which is being reconstructed following
13 damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the
14
number of structures or the amount of chargeable space in such reconstructed structure is no greater
15
than the number of structures or the amount of chargeable space in the structure prior to such
16
damage, destruction or demolition.
17
18 3-179 Payment of development impact fee for library facilities and equipment.
19 {a) Time of payment; The library facility and equipment fees authorized and levied pursuant to the
20 provisions of this article shall be due and payable prior to:
21 1 The issuance of a buildin
() g permit for the construction of any new residential building, ar far the
22 change in use of a nonresidential building or mobile home to a residential use;
23
{2) The issuance of an installation or utility connection permit for a mobile home or factory-built
24
home in which such dwelling unit is to be located; or
25
(3} The occupation of such dwelling unit.
26
7
2 (b} Such fees shall be paid to the County of Butte, Department of Development Services, Building
3 Division, in the amount specified in §3- 175.
4 3-180 Deposit of library facilities and equipment fee revenues in library facilities and
5 equipment fiend.
6
All revenues from the library facilities and equipment fee authorized and levied pursuant to the
7
provisions of this article shall, when received by the County of Butte, be deposited in a separate
8
library facilities and equipment fund thereafter appropriated and used only for the acquisition and/or
9
10 development of library facilities and equipment or land in the manner hereinafter provided by this
11 article.
12 3-181 Appropriation of library facilities and equipment fee revenues for the acquisition and
13 development of library facilities and equipment.
14 All revenues from the library facilities and equipment fee authorized and levied pursuant to the
15 provisions of this article and received by the County of Butte, Department of Development Services,
16 Building Division, and deposited in a separate fund pursuant to this article shall be appropriated by
17 the Board of Supervisors in a manner consistent with the Impact Fee Study dated October 29, 2004
18 and the Butte County Capital Facilities Master Plan dated February 2004 and adopted March 9, 2004
19 and only for the acquisition and/or development of those library facilities and equipment identified
20
in these plans.
21
3-182 Report re disposition of Iibrary facilities and equipment fee revenues; action re
22
unexpended revenues.
23
24 (a) Within 180 days after the last day of each fiscal year the Auditor/Cont!roller of the County of
25 Butte shall provide to the Board of Supervisors a report regarding each separate account or fund
26
2 established pursuant to this article, and the Board shall then review the report, incompliance with
3 the requirements of Government Code Section 66006(b).
4 (b} Action by the Board of Supervisors: Commencing with the fifth fiscal year following the first
5 receipt of any revenues from library facilities and equipment fees authorized and levied pursuant to
6
the provisions of this article, and every five years thereafter, the board of supervisors, following
7
receipt of the Butte County Auditor/Controller's report, shall make the required findings with respect
S
to any unexpended library facilities and equipment fee revenues in the library facilities and
9
equipment fund as set forth in Government Code Section 66001 {d). In the event that the library
10
11 facilities and equipment fee revenues are found not to have been diligently expended, the board of
12 supervisors may take one of the fallowing actions:
I3 (1) Order the expending of alI or any part of such unexpended library facilities and equipment fee
1~ revenues for the acquisition and/or development of library facilities and equipment in the manner
I S hereinbefore provided by this article;
16 (2) Make a finding with respect to all or any part of such unexpended library facilities and equipment
I~ fee revenues which identifies the purpose to which the revenues are to be put and which
1 ~ demonstrates a reasonable relatianslup between the fees from which the revenues are derived and the
19 purpose for which they were charged; or
20
(3) Order the refund of all or any part of such unexpended library facilities and equipment fee
21
revenues, together with any interest accrued thereon, to the current owner of any property for which
22
fees were paid; provided, however, that if the administrative costs of refunding such library facilities
2~
and equipment fee revenues exceed the amount to be refunded, the board of supervisors, after
24
25 considering the matter at a public hearing, notice of which is given in the manner provided for by
26 Government Code Section 66001 (fj, may order the expending of such revenues for any other facility
9
1
2 or improvement for which development fees are charged or otherwise imposed pursuant to this Code
3 and which the board of supervisors determines will benefit the properties for which the library
~' facilities and equipment fees were paid.
S
6 3-1.83 Uther library facilities and equipment requirements.
7 The provisions of this article shall not relieve the owner of any real property located within the
8 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
10 the time of approval of a subdivision map, parcel map, building permit, ar other land use entitlement
11 regarding the funding of library facilities and equipment.
12
3-154 Notation of subdivision maps.
13
14 As a condition of approval oftentative subdivision maps, final maps shall contain a notation with
1S regard to the imposition of the development impact fees for library facilities and equipment. The
16 notation shall include information to the effect that a development impact fee for library facilities
1 ~ and equipment will be required at the time of the issuance of a building permit and that such fee will
18 be determined and calculated as of the date of application for the building permit, as opposed to the
19 tune of the filing of the final map or issuance of the; use permit.
20
3-1$5 Reserved
21
22 3-186 Reserved
23 3-187 Reserved
24
3-1$5 Reserved
25
2b 3-189 Reserved
14
1
2
Section 2. Severability. If any provision of this Ordinance or the application thereof to any person
3
or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such
4
5 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining
6 provisions or other applications of the Ordinance which can be given effect without the invalid.
7 provision or application thereof.
8 Section 3. Effective Date and Publication. This Ordinance shall take effect sixty (60) days after
9 the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish
10 this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be
11 published once, with the names of the members of the Board of Supervisors voting for and against it,
12 Chico~Enterprise-
in the Record , a newspaper of general circulation published in the County of Butte,
13
State of California.
14
15 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
15 California, on the 14th day of DecevZber , 2004, by the following vote:
17
18
19
20
21
22
23
24
2S
26
AYES: Supervisors Dolan, Houx and Chair Beeler
NOES: Supervisors Josiassen and Yamaguchi
ABSENT: None
NOT VOTING: None
l
R.J. BEELER, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH,
Chief Administrative Officer
and Cler f the Bo d
libraryimpactfee2004.wpd
11