HomeMy WebLinkAbout38991
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Ordinance No. 3899
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XXI
TO CHAPTER 3 OF THE BUTTE COUNTY CODE TO ESTABLISH
DEVELOPMENT IMPACT FEES FOR SHERIFF FACILITIES, VEHICLES,
AND EQUIPMENT IN THE UNINCORPORATED AREA OF BUTTE COUNTY
The Board of Supervisors of the County of Butte ordains as follows:
Section Y. Article XXI. is hereby added to Chapter 3 of the Butte County Code, to read as follows:
Article XXI. Development Impact Fees for Sheriff Facilities, Vehicles, and
Equipment in the Unincorporated Area of Butte County
~ 3-22$ Purpose.
Thi's article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI,
Section 7 of the California Constitution, and Section 66000 and following of the Government Code
for the purpose of authorizing and levying development impact fees for sheriff facilities, vehicles,
and equipment upon the owners of real property located in the unincorporated area of Butte County,
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 constructing or
improving sheriff facilities and purchasing vehicles and equipment made necessary to serve the
additional facilities, vehicle, and equipment needs arising from an increase or change in the use of
J such property.
~ 3-229 Findings.
~~ The board of supervisors makes the following findings and determinations required by
Government Code Section 65001 in regard to the development impact fees authorized and
levied pursuant to the provisions of this article:
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{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 over a
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 sheriff facilities, vehicles, and equipment. Over time, existing sheriff facilities,
vehicles, and equipment will become insufficient in number, size, and location to meet the
needs of new residential, 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 additiona171,000 square feet of
space for sheriff facilities, as well as additional vehicles and equipment.
{b} Use of Revenues From Fees To Meet Sheriff Facilities, Vehicles, and Equipment Needs:
A11 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 sheriff
facilities, vehicles, and equipment within the unincorporated area of Butte County, which will
meet the need for such facilities, vehicles, and equipment 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 sheriff facilities,
vehicle, and equipment fund and thereafter appropriated by the board of supervisors for the
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1 acquisition and development of sheriff facilities, vehicles, and equipment, of benefit to the
2 persons awning, or residing and working in, the strictures upon which the fees are imposed.
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The fees will cover the design and engineering, construction, land acquisition, and other
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5 necessary project costs {including project management and environmental costs) related to
{ providing building facilities for the Sheriff's Department excluding jail facilities which are
~ covered under a separate article commencing with Butte County Code Section 3-10. The fees
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will also cover casts related to capital equipment needed by the Sheriff to serve future
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development -vehicles and equipment. Projects will include a combination ofrenovating
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11 existing County facilities and constructing new facilities, including the relocation of existing
12 facilities like laundry to provide expansion space. The facilities will be needed to address
13 current space deficiencies and to accommodate the additional space that will be needed to
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support future development. Vehicles will include sedans, vans, SUV's, pick-ups, evidence
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van, armored vehicles, utility vehicleltruck, trailers, kitchen trailers, helicopters, boats,
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17 snowmobiles, jet skis, and fixed wing aircraft. Equipment will include uniforms, vests,
18 handguns/holsterlammunition, long guns, radio and charger, taser/holsterlcartridges, helmet
19 and shield, batons, mace and handcuffs, audio-visual equipment, training
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academylbooks/uniforms, and miscellaneous equipment.
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22 (c) Fees Do Not Exceed Level Necessary To Meet Need: The development impact fees
23 authorized and levied on new residential, commercial, general office, industrial and other non-
24 residential development, pursuant to the provisions of this article, will not exceed that which is
25 necessary to fund the sheriff facilities, vehicles, and equipment attributable to the new
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residential, commercial, general office, industrial and other non-residential development upon
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28 which such fees are imposed. In particular, the development impact fees authorized and levied
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on new residential, commercial, general office, industrial and other non-residential
development will be equal to that necessary to fund an additional 71,000 square feet of space
for sheriff facilities, as well as additional vehicles and equipment.
{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 sheriff facilities, vehicles, and equipment
within the unincorporated area of Butte County made necessary by the anticipated increases in
population, housing units, and jobs.
(f~ Facilities, vehicles, and equipment identified: The facilities, vehicles, and equipment that
will be financed wholly or in part by the fees are those identified in chapter 8 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 §§231,
232 and 238.
{h) Relationship between need for facilities and type of development: There is a reasonable
relatianship between the need for the sheriff facilities, 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 §§231 and 232.
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1 {i) Relationship between amount of fees and cost of facilities: There is a reasonable
2 relationship between the amount of the fees and the cost of the sheriff facilities, vehicles, and
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equipment or portions thereof attributable to the development an which the fees are imposed,
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5 as set forth in the provisions of this article, including but not limited to §232, and in chapter 8
6 of the Butte County Impact Fee Study dated October 29, 2004.
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3-230 Definitions.
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9 Unless the contrary is stated or cleazly appears from the context, the following definitions shall
10 govern the construction of the words and phrases used in this article:
11 {a) Single Family Residence is as defined in Butte County Code section 24-305.130 and includes
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Duplex as defined in Butte County Code section 24-345.1OS, as well as pre-fabricated homes. It also
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14 includes Second Dwelling Units as defined in Butte County Code section 24-345.375, but not Guest
15 House as defined in Butte County Code section 24-305.175.
16 (b) Multifamily Residence is as defined in Butte County Code section 24-305.120.
17 (c} Mobile Home is as defined in Butte County Code section 24-305.280 and includes Modular
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Home as defined in Butte County Code section 24-305.2$8, as well as a manufactured home, but not
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20 a temporary mobile home as defined in Butte County Code section 24-295.
21 (d) Chargeable Space shall mean ail of the covered and enclosed space determined to be within the
22 perimeter of a commercial, industrial, office or school structure, not including any parking structure.
23 The determination of the chargeable space, to be expressed in the number of square feet, shall be
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made by the Building Division of the Development Services Department of the County, in
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26 accordance with the standard practice of the County.
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1 (e) Development shall mean any project undertaken for the purpose of development, and includes a
2 project involving the issuance of a permit for construction or reconstruction, but not a permit to
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operate.
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5 (f) Dwelling Unit shall mean any building or mobile home, or portion thereof, used or designed for
6 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
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thereof which, as compared to the previous land use, involves: more residents, employees, students,
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occupants, participants or other persons onsite; the generation of more vehicular traffic to and from
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11 the site; or any condition or combination of conditions which create a greater need far sheriff
12 facilities, vehicles and equipment.
13 3-231 Imposition of sheriff facility, vehicle and equipment fees.
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A sheriff development impact facility/vehiclelequipment fee shall be authorized and levied upon any
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16 owner of real property located in the unincorporated area of Butte County adding one (1} or more
1 ~ new residential, commerciallshoppingcevter, general office, industrial, or other non-residential units
18 to such property incident to the construction of a new building on the property, the installation of a
1 ~ mobile home or factory built home on the property or connection thereof to utilities, the change in
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use of a nonresidential building or mobile home on the property to a residential use, or the change in
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22 use of a residential building to any use other than residential. Fees authorized and levied hereunder
23 as to the installation of a mobile home or factory-built home or the connection of a mobile home or
24 factory built home to utilities, shall only be authorized and levied at the initial location of said mobile
25 home or factory-built home in the unincorporated or incorporated area of Butte County and if such
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location is on a space, site, or other property on which no other mobile home or factory-built home
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3232 Amount of sheriff facilitylvehiclelequipment fees.
The amount of development impact fees for sheriff facilities/vehicles/equipment authorized and
levied pursuant to the provisions of this article shall be as follows:
Impact Fees per Unit of Development in Unincorporated Areas
Land Use Dev Avg Daily Adjust Demand Impact Fee impact Fee Total Fee
Category Units Trips Factor Factor Per Unit Per Uuit Per Unit
per Unlt (Facilities) (V&JE;)
Residential Persons
Single Family D.U. NA NA 2.67 $282.39 $137.79 $420.18
Multifamily D.U. NA NA 2.13 $225.48 110.03 $335.50
Mobile Home D.U. NA NA 2.18 $230.64 112.54 $343.18
Com»iercia!/Shoypi~ TrIpS
Center
25K gross leasable area 1,000 sq ft 110.32 0.22 24.27
50K gross leasable area 1,000 sq ft 86.56 0.26 22.51
100K gross leasable area 1,000 sq ft 67.91 0.29 19.69
200K grass leasable area 1,000 sq ft 53.28 0.32 17.05
404K gross leasable area 1,000 sq ft 4 ] .80 0.35 14.63
General Otrce
1 OK gross Floor area 1,000 sq ft 22.66 0.5 11.33
25K gross floor area 1,000 sq ft 18.35 0.5 9.18
50K gross floor area 1,000 sq ft 15.65 0.5 7.83
I OOK gross Hoar area 1,000 sq ft i 3.34 0.5 6.67
Indusiria!
Business Park 1,000 sq ft 12.76 O.S 6.38
Mini-Warehouse 1,000 sq ft 2.50 0.5 1.25
Warehousing 1,000 sq ft 4.96 0.5 2.48
Manufacturing 1,000 sq ft 3.82 0.5 1.91
Light Industrial 1,000 sq ft 6.97 0.5 3.49
OJher Nan-Residential
Medical-Dental Office 1,000 sq ft 36.13 0.5 18.07
Nursing Home/cro~P xa~ bed 2.37 0.5 1.19
Hospital 1,000 sq ft 17.57 0.5 8.79
Day Care/Private Schools student 4.48 0.5 2.24
High School student 1.71 0.5 0.86
Elementary School student 1.29 0.5 0.65
Lodging room 9.11 0.5 4.56
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For calculation of the above fees see Chapter 8 of the Butte County Impact Fee Study dated October
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29, 2004.
The most recent amount on the index, dated November 2004, is 8209.27.
3-233 Periodic adjustment to sheriff facility fees.
From time to time, the Sheriff s Department may submit documentation substantiating that there has
been an increase in the cost of acquiring and/or developing sheriff facilities/vehicles/equipment
within the unincorporated area of Butte County, and requesting an increase in the sheriff
facility/vehiclelequipment 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 acquiring and/or developing
such sheriff facilitieslvehicles/equipment and the amount of the increase in the sheriff
facility/vehiclelequipment fee which is proportional to the increase in such costs shall be made by the
board of supervisors based on the following:
The net percentage increase in the Engineering News Record Construction Cost Index far 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 date of this section or any
prior increase in the fee made pursuant to the provisions of this section.
The formula far adjusting the fee is: (New index amountlamount of index at time of existing fee} x
existing fee =new fee.
3-234 Credit far sheriff facility/vehiclelequipmentfew previously paid.
Where sheriff facility/vehicle/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
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1 entitled to a credit or partial credit for the amount paid against the fees awing pursuant to this article.
2 Such fees may previously have been paid to another jurisdiction or to Butte County where such fees
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have been paid for a use that is being converted to a different ar more intensive use.
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5 3-235 Exemptions from sheriff facilitylvehiclelequipment fees.
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Notwithstanding any provisions of this article to the contrary, a sheriff facilitylvehiclelequipment fee
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shall not be authorized and levied upon an owner of real property located in the unincorporated azea
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~ of Butte County adding ar enlarging one (1 } or more structures to such property ar converting the use
10 thereof to a more intensive use under the following circumstances:
11 (a} Where the structure is owned by a governmental agency.
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{b) Where the structure is a building, or is within a building, which is being reconstructed following
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14 damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the
15 number of structures ar the amount of chargeable space in such reconstructed structure is na greater
16 than the number of structures or the amount of chazgeable space in the structure prior to such
1 ~ damage, destruction or demolition.
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3-236 Payment of sheriff facility/vehiclelequipment fees.
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20 {a) Time of payment: The sheriff facility/vehicle/equipment fees authorized and Levied pursuant to
21 the provisions of this article shall be due and payable prior to:
22 (1) The issuance of a building permit for the construction of any new building, or for the change in
23 use of a nonresidential building or mobile home to a residential use, or for the change in use of a
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residential building to any use other than residential;
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26 {2} The issuance of an installation or utility connection permit far a mobile home or factory-built
27 home in which such dwelling unit is to be located; or
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{b) Such fees shall be paid to the County of Butte, Department of Development Services, Building
Division, in the amount specified in §3- 232.
3-237 Deposit of sheriff facility/vehicle/equipment fee reve~aues in sheriff
facilitylvehicle/equipment fund.
All revenues from the sheriff facility/vehicle/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
sheriff facility/vehicle/equipment fund thereafter appropriated and used only for the acquisition
and/or development of sheriff facilitieslvehicles/equipment or land in the manner hereinafter
provided by this article.
3-238 Appropriation of sheriff facilitylvehiclelequipment fee revenges for the acquisition and
development of sheriff facilities/vehicleslequipment.
All revenues from the sheriff facility/vehicle/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 October 29, 2004
and the Butte County Capital Facilities Master Plan dated February 2004 and adopted March 9, 2004
and only far the acquisition and/or development of those types of sheriff facilities/vehicles/equipment
identified in these plans.
3-239 Report re disposition of sheriff facrlitylvehiclelequipment 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 separate account or fund
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established pursuant to this article, and the Board shall then review the report, in compliance with the
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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 sheriff facility/vehiclelequipment fees authorized and levied pursuant to
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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 sheriff facility/vehiclelequipment fee revenues in the sheriff
facility/vehiclelequipment fund as set forth in Government Code Section 66001(d}. In the event that
the sheriff facility/vehicle/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 sheriff facilitylvehicle/equiprent fee
revenues for the acquisition and/or development of sheriff facilities/vehicles/equipment in the
manner hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexpended sheriff
facility/vehicle/equipment fee revenues which identifies the purpose to which the revenues aze 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 chazged; or
(3} Order the refund of all or any part of such unexpended sheriff facilitylvehicle/equipment 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 sheriff
faciiitylvehicle/equipment 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 66001(1}, may order the expending of such revenues far any other
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1 facility or improvement for which development fees are charged or otherwise imposed pursuant•.to
2 this Code and which the board of supervisors determines will benefit the properties for which the
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sheriff facility/vehicle/equipment fees were paid.
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5 3-240 Other sheriff facility/vehiclelequipment requirements.
6 The provisions of this article shall not relieve the owner of any real property located within the
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unincorporated area of Butte County from the obligation of complying with any requirements that are
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imposed pursuant to other provisions of this code, state law, or federal law at the time of approval of
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10 a subdivision map, parcel map, building permit, or other land use entitlement regarding the funding
11 of sheriff facilities/vehicles/equipment.
12 3-241 Notation of subdivision maps.
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14 As a condition of approval of tentative subdivision maps, final maps shall contain a notation with
15 regard to the imposition of the Development Impact Fees for Sheriff FacilitieslVehicles/Equipment.
16 The notation sha11 include information to the effect that a Development Impact Fee for Sheriff
1 ~ Facilities/Vehicles/Equipment will be required at the time of the issuance of a building permit and
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that such fee will be determined and calculated as of the date of application for the building permit,
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20 as opposed to the time of the filing of the f nal map or issuance of the use permit.
21 3-242 Reserved.
22 3-243 Reserved.
23 3-244 Reserved.
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3-245 Reserved.
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26 3-246 Reserved.
27 Section 2. Severability. If any provision of this Ordinance or the application thereof to any person or
28 circumstances is for any reason held to be invalid by a court of competent jurisdiction, such provision
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shall be deemed severable and the invalidity thereof shall not affect the remaining provisions or
I applications or the Ordinance which can be given effect without the invalid provision or application
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Section 3. Effective Date and Publication This Ordinance shall take effect sixty (fi0) days after the
date of its passage. The Clerk of the Boazd 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 14th day of December 2004, by the following vote:
AYES: Supervisors Dolan, Houx and Chair Beeler
NOES: Supervisors .Tosiassen and Yamaguchi
ABSENT: None
NOT VOTING: None
ATTEST
Paul McIntosh
Chief Administrative Officer
and Clerk of the Board
R.J. BEELER, C air of the
Butte County Board of Supervisors
ORD 20041sherif~impactfee2QQ4.wpd
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