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HomeMy WebLinkAbout38981 2 3 Ordinance No. 389$ 4 5 AN ORDINANCE OF THE COUNTY OF BUTTE 6 AMENDING SECTIONS 3-11 and 3-15 7 OF ARTICLE II OF CHAPTER 3 OF THE BUTTE 8 COUNTY CODE 9 10 The Board of Supervisors of the County of Butte ordains as follows: 11 Section 1. Article II, Sections 3-11 and 3-15 of the Butte County Code are amended to read as 12 follows (underlined portions indicate amendments): 13 3-11 Findings. 14 The board of supervisors makes the following findings and determinations required by Section 15 16 b6001 of the California Government Code in regard to the fees levied and assessed pursuant to the 17 provisions of this article: 18 (a) Population growth in the county generates a demand for local governmental services, including 19 20 sheriff's facilities. 21 (b) Current sheriff's department facilities and equipment are inadequate to accommodate: such 22 growth. 23 24 (c) The projected costs of the increase in sheriff's service facilities to accommodate the growth 25 exceeds the amount of local funds historically and currently available. 26 1 2 (d} The development impact fees for sheriff s facilities imposed by this article on new commercial, 3 industrial and all other non-residential development in the unincorporated area of the county are 4 calculated on the basis of the impact of development and its resulting population growth upon the 5 following categories of sheriff' s department facilities: 6 7 (l) Jail facilities; ~ (2} Substations; l ~ (3} Equipment for additional deputies. 11 12 (e) The development impact fees for sheriff s facilities imposed by this article on new residential 13 development in the unincorporated area and on new development in the incorporated areas of the 14 county are calculated on the basis of the impact of development and its resulting population growth ]. S upon the sheriff's department jail facilities. 16 17 { fl The impact fees imposed by this article will fund the construction of additional jail facilities, l $ substation facilities and the purchase of equipment for additional officers made necessary by new l9 development. Tn accordance with the provisions of this article, all revenue derived from such impact 20 fees shall be deposited in a separate account or fund designated as the "Butte County Development 21. 22 Impact Fees for Sheriff's Facilities Fund." 23 {g) The impact fees assessed and levied on new development pursuant to the provisions of this article 24 will not exceed the amount necessary to fund the additional sheriff's department facilities 25 26 attributable to the new development upon which such fees are imposed; and, further, that there is a 2 1 2 reasonable relationship between the use of the fees provided by this article and the development 3 upon which such fees are imposed. (Ord. No. 2949, § 1, 8-20-91) 4 Section 3-l.S. Amount of impact Fees for Sheriff s Facilities. 5 b The amount of impact fees for Sheriff's facilities assessed and levied pursuant to the 7 provisions of this article shall be as follows: 8 Land Use Fee (Unincorporated) 9 la 11 Single Family Dwelling (including mobile home and 12 manufactured homes) 13 Multiple Dwelling (including mobile home and 14 manufactured homes) 15 Commercial, Industrial and $.03 per square foot and all other non-residential uses 16 {including manufactured buildings) i7 Fee (Residential Unincorporated & Incorporated) $257 $176 $.02 per square foot Section 2. Severability. If any provision of this Ordinance or the application thereof to any person 18 19 or circumstances is for any reason held to be invalid by a court of competent jurisdiction, such 20 provision shall be deemed severable, and the invalidity thereof shall not affect the remaining 21 provisions or other applications of the Ordinance which can be given effect without the invalid 22 provision or application thereof. 23 Section 3. Effective Date and Publication. This Ordinance shall take effect sixty {60) days after 24 25 the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish 26 this ordinance before the expiration of fifteen (15) days after its passage. This Ordinance shall be 3 1 2 published once, with the names of the members of the Board of Supervisors voting for and against it, 3 in the Chico Enterprise Record, a newspaper of general circulation published in the County of Butte, 4 State of California. 5 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of 6 7 California, on the 14`~ day of December, 2Q04, by the following vote: 8 AYES: Supervisors Dolan, Houx and Chair Beeler 9 lp 11 12 13 14 NOES: Supervisors 7osiassen and Yamaguchi ABSENT: None NOT VOTING: None ATTEST: 15 PAUL McINTOSH Chief Administrative Officer 16 and Clerk of the Board 17 . 18 19 2a 21 22 23 24 25 26 Kim K. Ya~na.guchi, Chair Butte County Board of Supervisors 4