HomeMy WebLinkAbout39031 Ordinance No. 3903
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3 AN ORDINANCE AMENDING THE BUTTE COUNTY CODE, BY AMENDING
4 SECTIONS 3-101, 3-102 AND 3-103 OF ARTICLE XI WITHIN CHAPTER 3 OF SAID
5 CODE AND SECTION 20-210 OF ARTICLE IX WITHIN CHAPTER 20 OF SAID CODE
6
7 The Board of Supervisors of the County of Butte ordains as follows:
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9 Section 1. Sections 3-101, 3-102 and 3-103 of Article XI within Chapter 3 of the Butte
10 County Code, are amended to read as follows:
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12 3-101 Findings.
13
i4 The Board of Supervisors makes the following findings and determinations required by Section
15 66001 of the California Government Code in regard to the fees assessed and levied pursuant to
16 the provisions of this article:
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18 (a) Thermalito Drainage Study and fees
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20 (1) The 1979 Thermalito Drainage Study was adopted by the Board of
21 Supervisors on October 21, 1980, by Ordinance No. 2154. Said study established
22 the location, size and priority of construction which would resolve drainage
23 problems in the Thermalito area; and
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25 {2) The Board of Supervisors adopted the drainage fees established in said study
26 by Resolution 82-106 and, based on public comment, adjusted the development
27 fee by Resolution 82-173; and
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29 {3} Said fees were adjusted by the Board of Supervisors on August 7, 1990, by
30 Resolution 90-123, based on the ratio of: the July 1990 ENR CCI (formerly
31 "Engineering News Record Construction Cost Index"} value of 4734.77 divided
32 by the 1979 ENR CCI rounded down to the nearest five dollars ($5.00); and
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34 (4) Said fees were again adjusted and placed in the Butte County Code by
35 Ordinance 3304, adopted December 10, 1996.
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37 (5) Said fees have been kept in a separate fund specifically for drainage
38 improvements in the Thermalito area.
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40
41 {b} Chico Storm Drainage Master Plan
42
43 (1) The August 1987 Preliminary Storm Drainage Master Plan and September
44 1997 Addendum were adopted by Resolution of the City of Chico, September 5,
45 2000. Said Storm Drainage Master Plan and Addendum establish the location,
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1 size and priority of construction far drainage facilities which would resolve
2 potential and existing drainage problems in the Chico area; and
3
4 (2) The storm drainage facilities identified in said plan serve properties in the
S incorporated as well as unincorporated areas within the Chico Urban Area; and
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7 (3} A coordinated effort between the City of Chico and County of Butte i.
8 necessary in order to construct these inter jurisdictional drainage facilities; and
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10 (4) The fees for construction of the drainage facilities within each identifies
11 drainage basin are established in the Plan and adjusted by the Addendum ans
12 subsequent adjustments by the City of Chico. The latest update being July 1
13 2004 as shown in their Development Impact Fee Schedule 50.020 and which ors
14 included in Section 3-103 of this Code.
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16 (c} It is in the best interest of the public to have said fees reviewed annually and adjuster
17 as necessary to insure there are sufficient funds to install the required facilities, based oa
18 the change in the ENR CCI. The October 1996 ENR CCI was 5708.25.
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20 (d) The Board of Supervisors hereby finds that the fees amended and adopted by this
21 article do not exceed the estimated reasonable cost of recovering the actual expenses fo
22 the construction of the drainage facilities specified by the adopted plans and necessitates
23 by the new development upon which such fees will be imposed. The Board further find
24 that there is a reasonable relationship between said fees and the cost of the drainag+
25 facilities needed by and attributable to said new development.
2b
27 (e) The sirainagr: fees imposed pursuant to this article will be collected for publi+
28 improvements or facilities for which specific accounts have been established and fund
29 appropriated and far which the county has adopted drainage facilities plans.
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31 3-142 Imposition of drrainage impact fees.
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33 Drainage impact fees aze hereby assessed and levied upon the owners of real property located ii
34 the unincorporated area of the County of Butte within the Thermalito Drainage Area and withii
35 the Chico Storm Drainage Master Plan Area in the amounts specified in section 3-103 below an+
36 payable prior to the occurrence of any of the following events affecting such property:
37
38 (a) The construction of a new building or structure on such property;
39
40 {b) An addition to an existing building or structure on such property which results in a~
41 expansion of the floor area by fifty (50) percent or more;
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43 (c) A change or expansion in the use of such property or any building or structure locate+
44 thereon which results in an increase in the storm drainage generated by the use of the
45 property or any building or structure located thereon and which resluires the issuance of
46 county permit; or
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(d} The filing of a final subdivision map or parcel map dividing such property.
3-1,03 Amount of drainage impact fees.
(a) Rationale for fee amounts. The drainage impact fees specified below have been deterrn
based upon the estimated costs of the facilities necessary to provide drainage for the speci
areas and upon the anticipated coefficient of runoff generated by various types of land use.
coefficient ("C") is the anticipated coefficient of runoff generated by various types of land
The coefficient {"C") is expressed as a decimal value based upon standard engineering princi
and equations for determining runoff volumes.
(b) Thermalita Drainage Area. Existing parcels ar lots: $652 per living unit for any b
permit for new living unit on any existing lot for which no drainage fee has been paid.
Maps:
$1,170 per acre.
$652 per parcel if property is further divided.
$652 per living unit far new building permit Temporary living units allowed
Chapter 24:
$128 prior to issuance of building permit.
$128 annual renewal payment. Total amount not to exceed $735.
All other uses: Land Use Class CostlAcre
A B C D
Ruddy Creek Basin $ 5,125 $ 6,551 $ 6,916 $ 793
West Basin 2,435 3,113 4,276 179
East Basin 8,600 10,994 9,671 601
Southeast Basin 1,740 2,224 2,576 428
Basin 39 3,160 4,040 4,103 0
Class A: Subdivision within asingle-family residential Iand use with an assumed
of four dwelling units per acre. C = 0.54.
Class B: Multi-family residential, medium density. C = 0.67.
Class C: Commercial, office buildings and shops, mobile borne parks. C = 0.78
Class D: Existing unimproved Iand which is anticipated to be developed to some
highly developed use at a future date. C varies.
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Total fee far other uses to be the sum of Class A or B or C plus Class D.
Adjustment based on ENR CCI increase from October 1996 (CCI = 5708.25) to J
2005 (CCI = 7297).
Formula (729715708.25) x old fee = 1.278325 x oIdfee =new fee.
(c) Chico Storm Drainage Master Plan
Drainage Watercourse Total Cast Single Multiple Commercial
Area (Drainage Per Acre Family Family and
Number Basin) Residential Residential Industrial
Per Acre Per Acre Per Acre
COSY CQSt COSt
770 Butte Creek $15,471 $7,736 $11,603 $12,377
771 Comanche $16,138 $8,069 $12,104 $12,911
Creek
772 Little Chico $17,583 $8,792 $13,187 $14,06b
Creek
773 Big Chico $13,192 $6,596 $9,894 $10,554
Creek
774 Lindo $16,278 $8,139 $12,208 $13,022
Channel
775 S.U.D.A.D $13,951 $6,975 $10,463 $11,161
Ditch
776 Mud- $12,141 $6,070 $9,106 $9,713
Sycamore
Creek
777 P. V. Ditch $17,207 $8,603 $12,905 $13,765
Section 2. Section 20-210 of Article IX within Chapter 20 of the Butte County Code,
amended to read as follows:
20-210 Plans adopted.
Pursuant to Government Code section 66483, the board of supervisors 'has adopted the master
drainage plans for Thermalito Area and the Chico Storm Drainage Master Plan, Butte County
which plans set Earth the facilities necessary to provide drainage for the areas. The plans also see
forth minimum development fees for storm drainage, which have been adopted by the board of
supervisors, and incorporated into section 3-103 of the Butte County Code and which will be
adjusted from time to time based upon the ENR CCI increase.. The advisory agency may allov~
payment far said fees, adopted by the board, in lieu of the developer's constructing permanen
drainage facilities as a condition of approval of a map within the area encompassed within the
said master drainage plans. (Ord. No. 3188, § 1 (Exh. A), 3-14-95; Ord. No. 3304, § 2, 12-10-96)
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Section 3. The Board of Supervisors hereby finds that the approval of this Ordinance is ere
..from further review under the California Environmental Quality Act because, pursuant to
14 of the California Code of Regulations Section 15307 this Ordinance constitutes an ac
taken by a regulatory agency as authorized by state law or local ordinance to assure
maintenance, restoration, or enhancement of a natural resource where the regulatory pro
involves procedures for protection of the environment pursuant to State CEQA Guidel
section 15307. Therefore, County staff is hereby directed to file a Notice of Exemption t
adoption of this Ordinance.
Section 4. Severability. If any provision of this Ordinance or the application thereof to
person or circumstances is for any reason held to be invalid by a court of competent jurisdic
such provision shall be deemed severable, and the invalidity thereof shall not affect the remai
provisions or other applications of the Ordinance which can be given effect without the in'
provision or application thereof.
Section 5. Effective Date and Publication. This Ordinance shall take effect sixty (60} days of
the date of its passage. The Clerk of the Board of Supervisors is authorized and directed
publish this ordinance before the expiration of fifteen (15) days after its passage. This Ordinar
shall be published once, with the names of the members of the Board of Supervisors voting
and against it, in the Chico Enterprise~Record a newspaper of general circulation published in ~
County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
;California, on the 1St day of March 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
Board of Supervisors
(ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
B
puty
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