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Ordinance No. 3910
AN ORDINANCE AMENDING ORDINANCE 3903 AND AMENDING THE BUTTE
COUNTY CODE, BY AMENDING SECTIONS 3-102 AND 3-103 OF ARTICLE XI
WITHIN CHAPTER 3 OF SAID CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Sections 3-102 and 3-103 of Article XI within Chapter 3 of the Butte County Code,
aze amended to read as follows:
3-102 Imposition of drainage impact fees.
Drainage impact fees are hereby assessed and levied upon the owners of real property located
the unincorporated area of the County of Butte within the Thermalito Drainage Area and witl
the Chico Storm Drainage Master Plan Area in the amounts specified in section 3-103 below a
payable prior to the occurrence of any of the following events affecting such property:
(a) The construction of a new enclosed building on such property;
(b) An addition to an existing enclosed building on such property which results in
expansion of the floor area by fifty (50) percent or mare;
(c} A change ar expansion in the use of such property or any enclosed building locatf
thereon which results in an increase in the storm drainage generated by the use of tl
property. or any enclosed building located thereon and which requires the issuance of
county permit; or
{d) The filing of a final subdivision map or parcel map dividing such property.
3-103 Amount of drainage impact fees.
(a) Rationale for fee amounts. The drainage impact fees specified below have been determines
based upon the estimated costs of the facilities necessary to provide drainage for the specifies
azeas and upon the anticipated coefficient of runoff generated by various types of land use. Thf
coefficient ("C") is the anticipated coefficient of runoff generated by various types of land use
The coefficient ("C") is expressed as a decimal value based upon standazd engineering principle;
and equations for determining runoff volumes.
Drainage Fee Ordinance Thermalito and Chico
Page 1 of 8
June 14, 2405
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(b) Thermalito Drainage Area.
Residential development on existing parcels or lots:
$652 far each new living unit (i.e. duplex = 2 living units) for any building p
for new living unit on any existing lot for which full drainage fees have not
paid.
Temporary living units allowed under Chapter 24:
$130 prior to issuance of building permit.
$130 annual renewal payment for the first 4 renewals. Total amount not
exceed $652.
Parcel Maps for single family residential development:
$1,170 per acre, for the first division subject to fee payment.
$652 per parcel if property is further divided.
$652 per living unit for new building permit on each of the resulting parcels.
All other uses: Land Use Class Cost/Acre
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 land 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 home parks. C = 0.78
Class D: Existing unimproved land which is anticipated to be developed to some
highly developed use at a future date. C varies.
Total fee for other uses to be the sum of Class A or B or C plus Class D multiplied by t
acreage of the property. Credit for facilities constructed in conformance with the adopt
master drainage plan for the Thermalito Area, ar fees paid may be applicable pursuant
Appendix VIII of the Butte County Improvement Standards.
Drainage Fee Ordinance Thermalito and Chico
Page 2 of 8
3une 14, 2005
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Adjustment based on ENR CCI increase from October 1996 (CCI = 5708.25) to
2005 (ccI = 7297).
Formula (729715708.25) x old fee = 1.278325 x old fee =new fee.
(c) Chico Storm Drainage Master Plan
All owners or developers of property located within the Chico Storm Drainage Ma;
Plan Area shall pay storm drainage fees prior to issuance of a building permit for
enclosed building or upon a change in use of the property. Such fees shall be based on
drainage basin in which the development is located and shall be calculated by applying
acreage, or portion thereof, for each particular development or change in use to the
acre fees set forth in the table below. Fees will be collected as follows:
net acreage of 1 acre or less -full fees will be collected based on the size of th
parcel. Fee to be the sum of the Per Acre Cost times the area of the parcel i
acres.
net acreage of more than 1 acre -full fees will be collected based on the
being improved as calculated by the Department of Public Works. Fee to be
sum of the Per Acre Cost times the area of the area being improved in acres.
Parcels with exisdng_permitted enclosed building(s) or structures -full fees v
be collected based on the area being improved as calculated by the Department
Public Works. Fee to be the sum of the Per Acre Cost times the area of the a~
being improved in acres.
Improvement and the area being improved, is defined far this section as ne
enclosed building(s); driveways; sidewalks; parking; landscaping; and any otl
site development requirement necessary for construction of the new enclos
building(s).
~ Drainage Fee Ordinance Thermalito and Chico
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Tune 14, 2005
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Drainage Watercourse Total Cost Single Family Multiple Commercial
Area (Drainage Per Acre Residential Per Family and Industrial
Number Basin) Acre Cost Residential Per Acre Cost
(0.50 runoff Per Acre Cost (0.80 runoff
coefficient) (0.75 runoff coefficient)
coefficient)
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 $14,066
Creek
773 Big Chico $13,192 $6,596 $9,894 $10,554
Creek
774 Linda $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
Credits against Chico Storm Drainage Master Plan facility fees.
In determining the storm drainage facility fees, for construction of storm drainage facilities
identified in the adopted Chico Master Drainage Plan as setforth in Butte County Code 20-21
to be assessed and levied upon the owner of residential or nonresidential property pursuant to tl
provisions of this chapter at the time the owner of such property commences to use the proper
for a residential or nonresidential purpose, expands the area of the property devoted to
existing residential or nonresidential use, or changes the use of the property to a different use, tl
owner of the property shall be entitled to one or more of the following credits against such fe
provided, however, that no such credit or credits shall exceed the amount of such fee, nor sh<
any credit or credits be transferable from one property to another property:
A. Where the owner of the property constructs and installs a portion of the off-site drain
facilities, identified in the adopted Chico Master Drainage Plan as setforth in Butte Col
Code 20-210, which would be necessary to collect the runoff from stormwater falling on
property, transport such stormwater runoff to a natural stream or an existing public drain
channel, detain and/or treat the stormwater runoff where necessary and dispose of
stormwater runoff in such stream or drainage channel in a manner provided for or authori
by this code and the Improvement Standards adopted pursuant thereto, the owner of
property shall be entitled to a credit against the storm drainage facility fees assessed
levied pursuant Co the provisions of this chapter in an amount equal to the reasonable ac
costs of the collector/outfall, peak attenuation, and/or water quality facilities;
Drainage Fee Ordinance Thermalito and Chico
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B. Where the owner of the property is changing the use of the property to a different use hay
a runoff coefficient which is greater than the runoff coefficient for the property when dev~
to its previous use, the owner of the property shall be entitled to a credit against the st
drainage facility fees assessed and levied pursuant to the provisions of this in an am+
equal to the collectorloutfall, peak attenuation, and water quality portions of the st
drainage fees which would have been assessed and levied pursuant to the provisions of
chapter far such previous use;
Where the property is or was located within an assessment district formed far a purpasf
which included construction and installation of a portion of the storm drainage facilities
identified in the adopted Chico Master Drainage Plan as setforth in Butte County Code 20
21.0, necessary to collect, treat, andlor detain the runoff from stormwater falling on thf
property, transport such stormwater runoff to a natural stream or a public drainage channe
and dispose of the stormwater runoff in such stream or drainage channel, and where thf
owner of the property is commencing to use the property for a use which has the same runof
coefficient as the existing ar assumed use of the property at the time an assessment wa;
levied against the property as part of the assessment district proceedings, then the owner a
the property shall be entitled to a credit against the storm drainage facility fees assessed anc
levied pursuant to the provisions of this chapter in an amount equal to that portion of the
assessment levied against the property as part of the assessment district proceeding.
reasonably attributable to the property's fair share of the cost of the collector/outfall, peal
attenuation, and water quality portion of the storm drainage facilities constructed as part a
the assessment district proceedings; and
C
D. Where the property is located within an assessment district formed for a purpose whit
included construction and installation of all or a portion of the storm drainage facilitie
identified in the adopted Chico Master Drainage Plan as setforth in Butte County Code 2~
21.0, necessary to collect, treat, and/or detain the runoff from stormwater falling on tk
property, transport such stormwater runoff to a natural stream or public drainage channel ar
dispose of the stormwater runoff in such stream or drainage channel, and the owner of tl
property is commencing to use the property or changing the use of the property to a u;
which has a runoff coefficient which is greater than the existing or assumed runo
coefficient for the property at the time an assessment was levied against the property as pa
of the assessment district proceedings, then the owner of the property shall be entitled to
credit against the storm drainage facility fees assessed and levied pursuant to the provision
of this chapter in an amount equal to the storm drainage fees which would have beF
assessed and levied pursuant to the provisions of this chapter for the existing or assumed u;
of the property at the time an assessment was levied against the property as part of tl
assessment district proceedings, or that portion of the assessment levied against the proper
as part of the assessment district proceedings which is reasonably attributable to tI
property's fair share of the cost of the collectorloutfall, peak attenuation, and water quali
portion of the storm drainage facilities constructed and installed as part of the assessrne
district proceedings, whichever is less.
Drainage Fee Ordinance Thermalito and Chico
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E. Where the owner of the property reconstructs a building or structure located on the proper
which was damaged or destroyed by fire or other casualty or which was voluntari
demolished during the prior 3-year period, the owner of the property shall be entitled to
credit against the storm drainage facility fees assessed and levied pursuant to the provisio~
of this chapter in an amount equal to the coIlector/outfall, peak attenuation, and water quali
portions of the storm drainage facility fees which would have been assessed and levii
pursuant to the provisions of this chapter. However, if the owner of the property expands tl
area of the property devoted to a residential or nonresidential use incident to tl
reconstruction of such building or structure, storm drainage facility fees shall be assessed a~
levied upon the owner of the property for all additional area of the property devoted to su+
residential or nonresidential use;
F. Where the owner of the property constructs and installs all of the onsite storm drainage
facilities necessary to retain and dispose of 100% of the stormwater falling on the property
the owner of the property shall be entitled to a credit against the storm drainage facility fee:
assessed and levied pursuant to the provisions of this chapter in an amount equal to the peal
attenuation, and water quality portions of the storm drainage facility fees which would have
been assessed and levied pursuant to the provisions of this chapter, all in the manner
provided for or authorized by this code;
G. Where the owner of such property constructs and installs all of the off-site storm drainage
facilities, identified in the adopted Chico Master Drainage Plan as setforth in Butte Count3
Code 20-210, necessary to collect the runoff from starmwater falling an such property
transport all such stormwater runoff to a natural stream or an existing public drainage
channel, treat and/or detain the stormwater runoff where necessary and dispose of the
stormwater runoff in such stream or drainage channel, the owner of the property shall be
entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the
provisions of this chapter in an amount equal to the collector/outfall, peak attenuation, anc
water quality portions of the storm drainage facility fees which would have been assesses
and levied pursuant to the provisions of this chapter, all in the manner provided for o~
authorized by this code;
H. Where the owner of the property is changing the use of the property to a different use haul
runoff coefficient equal to or less than the runoff coefficient for the property when devoted
its previous use the owner of the property shall be entitled to a credit against the stogy
drainage facility fees assessed and levied pursuant to the provisions of this chapter in
amount equal to the collectorloutfall, peak attenuation, and water quality portions of t
storm drainage facility fees which would have been assessed and levied pursuant to t
provisions of this chapter; or
Drainage Fee Ordinance Therrnalito and Chico
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1. Where the property is or was located within an assessment district formed far a purpc
which included construction and installation of all storm drainage facilities, identified in 1
adopted Chico Master Drainage Plan as setforth in Butte County Code 20-210, necessary
collect, treat and/or detain runoff from the stormwater falling on the property and transpo
all such stormwater runoff to a natural stream or an existing public drainage channel a
disposes of such stormwater runoff in such stream or drainage channel, provided the owe
of the property is not proposing to develop the property in a manner or at a density whi
increases the runoff coefficient for the property above the runoff coefficient used
designing the drainage facilities constructed and installed as part of the assessment distri
the owner of the property shall be entitled to a credit against the storm drainage facility f~
assessed and levied pursuant to the provisions of this chapter in an amount equal to 1
collectorloutfall, peak attenuation, and/or water quality portions of the storm drainage facil
fees which would have been assessed and levied pursuant to the provisions of this chapter.
Section 2. The Board of Supervisors hereby finds that the approval of this Ordinance is exerr
from further review under the California Environmental Quality Act because, pursuant to Ti
14 of the California Code of Regulations Section 15307 this Ordinance constitutes an acti
taken by a regulatory agency as authorized by state law or local ordinance to assure t
maintenance, restoration, ar enhancement of a natural resource where the regulatory prod
involves procedures for protection of the environment pursuant to State CEQA Guidelir
section 15307. Therefore, County staff is hereby directed to file a Notice of Exemption up
adoption of this Ordinance.
Section 3. Severability.
Tf any provision of this Ordinance or the application thereof to any person
circumstances is for any reason held to be invalid by a court of competent jurisdiction, s
provision shall be deemed severable, and the invalidity thereof shall not affect the remair
provisions or other applications of the Ordinance which can be given effect without the inv
provision or application thereof.
Section 4. 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 Ordinal
shall be published ante, with the names of the members of the Board of Supervisors voting
and against it, in the Enterprise-Record, a newspaper of general circulation published in
County of Butte, State of California.
~ Drainage Fee Ordinance Thermalito and Chico
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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 June 2005, by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
ABSENT: None
NOT VOTING: None i
KIM . YAMAGUCHI, Chair
Butte County Board of Supervisors
ATTEST:
PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
eputy
Drainage Fee Ordinance Thermalito and Chico
Page 8 of 8
June 14, 2005