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Ordinance No. 3897
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING
ARTICLE V, SECTIONS Ia-50 THROUGH 10-60 AND ADDING ARTICLE XXII
TO CHAPTER 3 OF THE BUTTE COUNTY CODE TO ESTABLISH
DEVELOPMENT IMPACT FEES FOR ROAD IMPROVEMENTS IN THE
UNINCORPORATED AREA OF BUTTE COUNTY
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article V, Sections 10-50 through 1060 is hereby repealed in its entirety due to
development impact fees for roads, bridges and traffic signals being established in the following
Article xxu.
Section 2. As a result of Article V, Sections 10-50 through 10-60 being repealed, all funds left in the
North Oroville/Thermalito Traffic Impact Fee Fund will be transferred to the road improvement,
bridge and traffic signal fund created in Article XXrC, Section 3-256 below.
Sectian 3. Article XXII is hereby added to Chapter 3 of the Butte County Code, to read as follows:
Article XXII. Development Impact Fees for Road Improvements
in the Unincorporated Area of Butte County
3-247 Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI,
Sectian 7 of the California Constitution, and Section 66000 and following of the Government Code
I for the purpose of authorizing and levying road improvement, bn€dge, and traffic signal fees upon the
'owners of real property located in the unincorporated area of Butte County {excluding the Chico
Urban Area and North Chico Specific Plan) ,adding one (1) or more new residential, commercial,
general office, industrial and other non-residential units to such property, in an amount sufficient to
defray the cost of providing road improvements, bridges, and traffic signals made necessary to serve
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1 made necessary to serve the additional needs of road, bridge, and traffic signal improvements arising
2 from an increase ar change in the use of such property.
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4 3-248 Findings.
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The board of supervisors makes the following findings and determinations required by
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Government Code Section 66001 in regard to the development impact fees authorized and
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8 levied pursuant to the provisions of this article:
9 (a) Increased Need Resulting From New Development: The County of Butte Impact Fee
10 Study dated October 29, 2004, projects increases in population, housing units, and jabs 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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13 housing units will increase by 39%, and jabs will increase by 39%. As result, there will be
14 new residential, commercial, general office, industrial and other non-residential development
15 occurring within Butte County that will create a need for the acquisition and development of
16 additional road, bridge and traffic signal improvements. Over time, existing roads, bridges and
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traffic signals will become insufficient in number, size, and location to meet the needs of new
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19 residential, commercial, general office, industrial and other non-residential development.
20 Based on the County of Butte Impact Fee Study dated October 29, 2004, new residential,
21 commercial, general office, industrial and other non-residential development occurring within
22 Butte County will create the need for an additional 48 road, bridge and traffic signal
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improvements within the unincorporated area of Butte County (excluding the Chico Urban
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2S Area and the North Chico Specific Plan}.
26 (1~) Use of Revenues Fram Fees To Meet Road Improvement, Bridge, and Traffic Signal
27 Needs: All revenues from the development impact fees, authorized and levied on new
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residential, commercial, general office, industrial and other non-residential development,
pursuant to the provisions of this article, will be used for the acquisition, development and
improvement of additional roads, bridges and traffic signals within the unincorporated area of
Butte County, which will meet the need for such roads, bridges and traffic signals 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 road improvement, bridge and traffic signal fund and thereafter appropriated by
the board of supervisors for the acquisition, development and improvement of roads, bridges
and traffic signals of benefit to the persons owning, or residing and working in, the structures
upon which the fees are imposed. Fees will be spent on design, engineering, environmental
review, and construction support costs for the construction of road and bridge projects.
Fees will be spent on new buildings to house fleet service and a maintenance yard. Fees will
be spent on equipment for both road and bridge projects and for the County's landfill.
{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 road improvements, bridges, and traffic signals attributable to the new
residential, commercial, general office, industrial and other non-residential development upon
which such fees are imposed. ha. 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 4$ road, bridge and traffic signal
improvements for the increase in population, housing units, and jobs that will eventually occur
in Butte County by the year 2023.
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(d} Appropriateness of Development Irripact 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 cast of improvements to, or acquisitions of, those road improvements, bridges, and traffic
signals within the unincorporated area of Butte County made necessary by the anticipated
increases in population, housing units, and jobs.
(f} Road improvements, bridges, and traffic signals identified: The road improvements,
bridges, and traffic signals that will be financed wholly or in part by the fees are those
identified in chapter 3 and appendix A 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 §§250,
251 and 257.
(h) Relationship between need for facilities and type of development: There is a reasonable
'~ relationship between the need for the road improvements, bridges, and traffic signals 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 §§250 and 251.
(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 road improvements, bridges,
and traffic signals or portions thereof attributable to the development on which the fees are
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imposed, as set forth in the provisions of this article, including but not limited to §251 and in
chapter 3 and appendix A of the Butte County Impact Fee Study dated October 29, 2004.
3-249 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 defined in Butte County Code section 24-305.130 and
includes Duplex as defined in Butte County Code section 24-305.1OS, 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 Cade 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 ar school structure, not including any pazking
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.
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(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: mare 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 roads, bridges and traffic signals.
(h) North Chico Specific Plan shall mean the North Chico Specific Plan, as adopted an March
28, 1995, together with any amendments or additions 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
Road and west of the Chico Municipal Airport and more particularly depicted in Figure 3-1 of
the North Chico Specific Plan.
3-25Q Imposition of road improvements, bridges acid traffic siguai fees.
A development impact fee for road improvements, bridges and traffic signals shall be
authorized and levied upon any owner of real property located in the unincorporated area of
Butte County adding one (1} or mare new residential, commercial, general office, industrial
and 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, or 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 a non-
residential (commercial or industrial) use. 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.
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3-2S1. Amount of road improvements, bridge, and traffic signal fees.
The amount of development impact fees far road improvements, bridges, and traffic signals
authorized and levied pursuant to the provisions of this article shall be as follows:
Impact Fees per Unit of Development-Roads, Bridges and Signals in Unincorporated
Areas
Land Use ev eak Adjustment Cost per Impact
Category nits our Factor Peak Hour Fee Per
rips Trip Unit
er Unit
Residential
Single Family .U 1.02 0.5 $2,366.24 $1,206.78
Multifamily .fi 0.67 0.5 $2,366.24 $792.69
Mobile Home •U 0.60 0.5 $2,366.24 $709.$7
Commercial)
Shoppin¢ Center
25K s~ rank area ,000 Sq Ft l 0.03 0.22
SOKgross kasa6le area ,pop $q Ft 7.92 0
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100K gross Icasabk area
zooK gross irk area ,ppp Sq Ft 6.26 .
29
0
400K gross leasable area ,~ ~ Ft
.~ ~ Ft 4.95 .
0.32
3'91 0.35
General Office
lOK gross floor area •~ S9 Ft 9,(}Q
~
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25K gross floor area •~ ~ Ft 4,27 '
SOK gross floor area •~ ~ Ft 2 74 0.5
100k grass floor area .000 Sq Ft 11.5
1.91 0.5
Industrial
Business Park ~~ ~ Ft 1 29 0.5
Mini-Warehouse :~ ~ F 29
0 0.5
Warehousing t
,opo ~ Fc .
0.61 0.5
Manufacturing ,ooo sq Ft 0 75 O.S
Light Industrial 1.0& 0.5
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Other l~ion-
residential
Mctiical-Dental Office ~~ ~ Ft 4.45 0.5
Nucsu~g HomrlGrpHome Bed 0.30 0.5
Hospital .000 Sq Ft
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61
0
5
nay CarelPrirate Schools Student . .
Lodging Room 0.$5 0.5
0.69 0.5
The fomula for calculating the above impact fee is located in Chapter 3 of the Butte County
Impact Fee Study dated October 29, 2004.
The most recent amount on the index, dated November 2004, is 8209.27.
3-252 Periodic adjustment to road improvement fees.
From time to time, the Public Warks Department may submit documentation substantiating
that there has been an increase in the cost of road improvements, bridges, or traffic signals
within the unincorporated area of Butte Caunty, and requesting an increase in the road
improvement, bridge, and traffic signal 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 cast of
road improvements, bridges and traffic signals and the amount of the increase in the road
improvement, bridge and traffic signal fee which is proportional to the increase in such costs
'~, shall be made by the board of supervisars based on the following:
The net percentage increase in the Engineering News Record Construction Cast 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
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date of this section or any prior increase in the fee made pursuant to the provisions of this
I section.
The formula for adjusting the fee is: (New index amountlamount of index at time of existing
f fee) x existing fee =new fee.
3-253 Credit for road improvement, bridge, and traffic signal fees previously paid.
Where road improvement, bridge, and traffic signal 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 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.
3-254 Exemptions from road improvement, bridge, and traffic signal fees.
Notwithstanding any provisions of this article to the contrary, a road improvement, bridge, and
traffic signal 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.
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(c} Where the structure is located within the area covered by the Chico Urban Area Street
Improvements Fee and a separate fee is charged pursuant to Butte County Cade Section 10-
33.5.
(d) Where the structure is located within the North Chico Specific Plan area and a sepazate fee
~ is charged pursuant to Butte County Code Section 3-164.
3-255 Payment of fees.
(a) Time of payment: The road improvement/bridge/traffic signal 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;
(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- 251.
3-256 Deposit of road improvement, bridge and traffc signal fee revenues in the road
j improvement, bridge and traffic signal fund.
All revenues from the road improvement, bridge and traffic signal fees authorized and levied
pursuant to the provisions of this article shall, when received by the County of Butte, be
deposited in a separate road improvement, bridge, and traffic signal fund thereafter
appropriated and used only for the acquisition, development, or improvement of roads, bridges,
~ or traffic signals or land in the manner hereinafter provided by this article.
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3-257 Appropriation of road improvement, bridge, and traffic signal fee revenues for the
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acquisition, development, andlor improvements of roads, bridges, or traffic signals.
All revenues from the road improvement, bridge, and traffic signal 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 Qctober 29, 2004 and only for the acquisition and/or development of
those types of road improvements, bridges, and traffic signals identified in that plan.
3-258 Report re disposition of road improvement, bridge, and traffic signal fee revenues;
action re unexpended revenues.
(a} Within 180 days after the last day of each fiscal yeaz 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 §6b006(b}.
(b} Action by the Board of Supervisors: Commencing with the fifth fiscal yeaz following the
first receipt of any revenues from road improvement, bridge, and traffic signal 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 Auditar/Controller's report, shall make
the required findings with respect to any unexpended road improvement, bridge, and traffic
signal fee revenues in the road improvement, bridge, and traffic signal fund as set forth in
Government Cade Section 56001(d}. In the event that the road improvement, bridge, and
traffic signal fee revenues are found not to have been diligently expended, the board of
supervisors may take one of the fallowing actions:
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(i} Order the expending of all or any part of such unexpended road improvement, bridge, and
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traffic signal fee revenues for the acquisition andlor development of road improvements,
bridges, and traffic signals in the manner hereinbefore provided by this article;
(2} Make a finding with respect to all or any part of such unexpended road improvement,
bridge, and traffic signal 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 road improvement, bridge, and
traffic signal 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 road improvement, bridge, and traffic signal 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 56001(f), may order
the expending of such revenues fox 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 road improvement, bridge, and
traffic signal fees were paid.
3-259 Uther road improvement, bridge and traffic signal 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 iaw, or federal law at the time
of approval of a subdivision rnap, parcel map, building permit, or other land use entitlement
regarding the funding of road improvements, bridges, and traffic signals.
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I 3-260 Notation of subdivision maps.
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As a condition of approval of tentative subdivision maps, final maps shall contain a notation
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4 with regard to the imposition of the Development Impact Fees for Road Improvements,
5 Bridges, and Traffic Signals. The notation shall include information to the effect that a
6 Development Impact Fee for Road Improvements, Bridges, and Traffic Signals will be
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required at the time of the issuance of a building permit and that such fee will be determined
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and calculated as of the date of application for the building permit, as opposed to the time of
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IO the filing of the final map or issuance of the use permit.
I1 3-261 Reserved.
12 3-262 Reserved.
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3-263 Reserved.
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I5 3-264 Reserved.
1.6 3-255 Reserved.
I7 Section 4. Severability. If any provision of this Ordinance or the application thereof to any
I8 person ar circumstances is for any reason held to be invalid by a court of competent
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jurisdiction, such provision shall be deemed severable and the invalidity thereof shall not
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21 affect the remaining provisions or' applications or the Ordinance which can be given effect
22 without the invalid provision or application thereof.
23 Section 5. Effective Date and Publication. This Ordinance shall take effect sixty {60) days
24 after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed,
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before the expiration of fifteen {I5) days after its passage, to publish this Ordinance once, with
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27 the names of the members of the Board of Supervisors voting for and against it, in the Chico
2g Enterprise-Retard, a newspaper published in the County of Butte, State of California.
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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
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
B
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