HomeMy WebLinkAbout3902Ordinance Na. 3902
AN ORDINANCE AMENDING THE BUTTE COUNTY CODE, BY AMENDING
SECTIONS 10- 30.1, 10-33.5, 10-34 AND 10-35 OF ARTICLE N WITHIN CHAPTER
10 OF SAID CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Sections 10-30.1, 10-33.5, 10-34 and 10-35 of Article TV within
Chapter 10 of the Butte County Code, are amended to read as follows:
10-30.1 Findings.
The Board of Supervisors makes the following findings and determinations in regard to
the street facility improvement fees levied pursuant to the provisions of this Article:
{a) The Board has previously levied Chico Urban Area Street Facility
Improvement Fees pursuant to this Article N.
(b) The North Chico Specific Plan was adopted by the Board of Supervisors of the
County of Butte an March 28, 1995. Said Plan anticipated growth and new development
in the North Chico Specific Plan Area and the need far infrastructure, including street
facility improvements to serve the traffic resulting Pram such growth and development.
Chapter 8, Implementation, of the North Chico Specific Plan, including but not limited to
pages 8-1, 8-2, and 8-7, and Tables 8-1, 8-2 {Schedule 1), 8-5, and 8-10 therein,
contemplated that the street facility improvement fees assessed and levied within the
other portions of the Chico Urban Area would also be assessed and levied within the
North Chico Specific Plan Area to finance, in part, the contemplated street infrastructure
within these areas.
(c) The North Chico Specific Plan Area is connected to the other portions of the
Chico Urban Area by existing and proposed streets, and development within the North
Chico Specific Plan Area will cause traffic impacts on streets within other portions of the
Chico Urban Area.
(d) The purpose of the fees assessed and levied by this Article is to defray the cast of
improvements to street facilities within the Chico Urban Area made necessary by the
anticipated increase to or any change in the traffic impacts within such area caused by
development within the Chico Urban Area, as documented by the City of Chico Update
of Development Impact Fees, Analysis and Recommendations (Nexus Study), adopted by
the City Council of the City of Chico on November 16, 2004, by Resolution No. 63 04-
05, the North Chico Specific Plan approved by Resolution 95-47 of the Board of
Supervisors of the County of Butte on March 28, 1995, and the County of Butte 20 Year
Capital Improvement Program adopted by resolution of the Board of Supervisors.
Chico Street Facility Fee Ord. February 8, 2005 Page 1 of 4
(e) The street facilities which will be financed wholly or in part by the fees levied
pursuant to this Ordinance are as defined and identified in this Article, including but not
limited to Section 10-31{a).
{f) There is a reasonable relationship between the use of the fees levied pursuant
to this Article 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 Sections 10-32, 10-33,
10-33.5 and 10-37.
(g) There is a reasonable relationship between the need for the street facilities and
the type of development projects on which the fees are imposed pursuant to this Article,
including but not limited to Sections 10-32 and 10-33.
(h) There is a reasonable relationship between the amount of the fees and the cost
of the street facilities or portions thereof attributable to the development on which the
fees are imposed pursuant to this Article, including but not limited to §§ 10-33, 10-34, 10-
35 and 10-39.
10-33.5 Amount of street facility improvement fees.
The amount of the street facility improvement fees assessed and levied pursuant to the
provisions of this Article shall be as follows, except as exempted by section 10-36, and
shall be applicable as to all projects of the types specified in section 10-32 for which
application is made to the County of Butte for a permit on and after September 16, 1988:
Single-Family residence (per unit) $ 2,482.00
Multiple-Family residence (per unit} 1717.00
Office and Medical structures (per square foot} 2.78
Commercial, Retail and Service structures (per 12.76
square foot)
Industrial structures (per square foot) 1.28
Other-Average Daily Vehicle Trips X $168.90/trip
10-3~ Periodic adjustments to street facility improvement fees.
Following the adoption of a fee schedule pursuant to section 10-33, the board of
supervisors shall, once each fiscal year, review such schedule and shall, by resolution or
Ordinance, either increase or decrease such fees to account far any changes in the type or
extent of the street facility improvements which will be required as the result of the
development and/or use of real property likely to occur within the Chico Urban Area
during the next succeeding twenty-year period; any change in the estimated cost of such
street facility improvements; or any change in the portion of the estimated costs of such
street facility improvements which cannot be funded from revenue sources available to
the county other than street facility improvement fees.
Chico Street Facility Fee Ord. February 8, 2005 Page 2 of 4
street facility improvements which cannot be funded from revenue sources available to
the county other than street facility improvement fees.
In determining whether to increase or decrease street facility improvement fees by reason
of a change in the estimated cost of street facility improvements, the board of supervisors
shall base its determination on the net percentage increase or decrease in the Engineering
News Record Cast Index for San Francisco (based on 1913 U.S. average = 100), or other
similar index, between the date of such increase and decrease and the date of the most
recent resolution of the board of supervisors adopting or adjusting such a fee schedule.
In connection with such review of the fee schedule, the board of supervisors shall make
findings pursuant to Government Code section 66001(d) with respect to any portion of
such fees as have been paid and deposited but remain unexpended or uncommitted.
10-35 Credits against street facility improvement fees.
In any resolution or Ordinance initially establishing a street facility improvement fee
schedule or periodically adjusting such schedule, the board of supervisors may also
establish an appropriate credit against the street facility improvement fee levied and
assessed upon the owner of property which is located within a special assessment distz~ct
formed for a purpose that included the construction and installation of street facility
improvements and which is equal in amount to such property's pro rata share of the cost
of any portion of such street facilities that are of some general benefit to the Chico Urban
Area or any portion thereof outside of the assessment district boundaries.
Section 2. The Board of Supervisors hereby finds that the approval of this Ordinance is
exempt from further review under the California Environmental Quality Act because,
pursuant to Title 14 of the California Code of Regulations Section 15307 this Ordinance
constitutes an action taken by a regulatory agency as authorized by state Iaw or local
ordinance to assure the maintenance, restoration, or enhancement of a natural resource
where the regulatory process involves procedures for protection of the environment
pursuant to State CEQA Guidelines section 15307. Therefore, County staff is hereby
directed to file a Notice of Exemption upon adoption of this Ordinance.
Section 3. 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 other applications of the Ordinance which can be given effect
without the invalid provision or application thereof.
Section 4. 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 to publish this ordinance before the expiration of fifteen (i5) days after its
passage. This Ordinance shall be published once, with the names of the members of the
Board of Supervisors voting for and against it, in the Chico Enterprise-Record, a
newspaper of general circulation published in the County of Butte, State of California.
Chico Street Facility Fee Ord. February $, 2005 Page 3 of 4
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte,
State of California, on the 8th day of February, 2005, by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
ABSENT: None
;'
NOT VOTING: None ~`
Kim K. Yamaguchi, Chair of the
Butte County Board of Supervisors
ATTEST:
PAUL McINTOSH, Chief
Administrative Officer
and Clerk of the Board
By (:~(,~
Chico Street Facility Fee Ord. February 8, 2005 Page 4 of 4