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Ordinance No. 3913
3 AN ORDINANCE OF THE COUNTY OF BUTTE
~ AMENDING SECTIONS 3-10, 3-11, 3-13, 3-14, 3-I5, 3-16, 3-17, 3-18, 3-19, 3-20
5 AND 3-21 OF ARTICLE II OF CHAPTER 3 OF THE BUTTE
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COUNTY CODE
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g The Board of Supervisors of the County of Butte ordains as follows:
g Section 1. Article II, Sections 3-10, 3-11, 3-13, 3-14, 3-15, 3-16, 3-17, 3-18, 3-19, 3-20 and 3-21 of the Butte
IO County Code are amended to read as follows:
11 Article Ii. Development Impact Fees for Sheriff's Jail Facilities
I2 3-10 Purpose
13 This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI, Section 7
I4 of the California Constitution and Section 66000 and following of the California Government Code for the
15 purpose of assessing and levying sheriff's jail facilities fees upon the owners of real property located in the
I6 county, to include both the incorporated and unincozporated azeas, in amounts sufficient to defray the costs of
i7 providing sheriff s jail facilities thezein made necessary by an increase to or a change in the use of such
1S property
1g 3-I1 Findings.
20 The Board of Supervisors makes the following findings and determinations required by Section
21 66001 of the California Government Code in regard to the fees levied and assessed pursuant to the
22 pzovisions of this article:
23 {a) Population growth in the county generates a demand foz local governmental services,
2~ including sheriff s jail facilities.
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{b) Current sheriff s department jail facilities and equipment are inadequate to accoxnxnodate
such growth.
(c) The projected costs of the increase in sheriff s jail facilities to accommodate the growth
exceeds the amount of local funds historically and currently available.
{d) The development impact fees for sheriffs jail facilities imposed by this article on new
residential development are calculated on the basis of the impact of development and its
resulting population growth upon the sheriff's department jail facilities.
{e) The impact fees imposed by this article will fund the construction of additional jail
facilities made necessary by new development. In accordance with the provisions of this
article, all revenue derived from such impact fees shall be deposited in a separate account
or fund designated as the "Butte County Development Impact Fees for Sheriff s Jail
Facilities Fund."
(f} The impact fees assessed and levied an new development pursuant to the provisions of
this article will not exceed the amount necessary to fund the additional sheriffs
department jail facilities attributable to the new development upon which such fees are
imposed; and, further, that there is a reasonable relationship between the use of the fees
provided by this article and the development upon which such fees are imposed.
3-13 Imposition of development impact fees for sheriff's jail facilities.
An impact fee for sheriffs jail facilities is hereby assessed and levied upon the owners of real
property located in the county in both the incorporated and unincorporated areas at the time of the
occurrence of any of the following events affecting the improvements to andlor use of such property:
(a) The construction of a new building or structure on such property;
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(b) The installation or hookup of a mobilehome, factory-built housing or factory-built commercial
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2 space; or
3 {c} The construction of a new mobilehome park; or
~ (d) An increase in the number of mobilehome lots in an existing mobilehome park.
'~ 3-].4 Establishment of development impact fees for sheriff s jail facilities.
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The development impact fees for sheriff's jail facilities assessed and levied pursuant to the
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$ provisions of this article shall be in accordance with the schedule specified in section 3-15 below, which
~ schedule is based on the impact of new development upon the cost of providing jail facilities to
10 accommodate population growth resulting from new development.
11 Section 3-15. Amount of Impact Fees for Sheriff s Jail Facilities.
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The amount of impact fees for sheriff s jail facilities assessed and levied pursuant to the provisions
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of this article shall be as follows:
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15 Land Use Fee
16 Single Family Dwelling $257
(including mobilehome and
17 manufactured homes)
18 Multiple Dwelling $176
19 (including mobilehome and
manufactured homes}
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Commercial, Industrial and $.02 per square foot
21 and all other non-residential uses
(including manufactured buildings)
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23 3-16 Periodic adjustments to development impact fees far sheriff's jail Facilities.
2~ Once each fiscal year, the Board of Supervisors may review and increase or decrease the
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1 development impact fees for sheriffs jail facilities to account for any changes in the type or extent of the
2 sheriff s department improvements which will be required as a result of the development and/or use of real
~ property likely to occur within Butte County which changes cannot be funded from revenue sources
4 available to the county other than development fees for sheriff services. In connection with such review
5 of the fees scheduled, the Board of Supervisors shah make findings pursuant to Government Code section
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66001(d) with respect to any portion of such fees that has been paid and deposited but remains
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unexpended or uncommitted.
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9 The amount of the development impact fees for sheriff s jail facilities shall be increased annually
10 on July 1 of each year based upon the increase, if any, in the Engineering News Record Construction Cost
11 Index for San Francisco (using the CCI column of the "ENR City Cast Index -San Francisco") (based on
12 1913 U.S. average = 100), as last published in the Engineering News Record McGraw Hill Construction
l ~ Weekly (or on the Internet) between the date of such increase and the effective date of this section or any
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prior increase in the fee made pursuant to the provisions of this section.
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The formula for adjusting the fee is: (New index amountlamount of index at time of existing fee) x
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1 ~ existing fee =new fee.
Ig 3-17 Exemption from development impact fees for sheriff's jail facilities.
19 Notwithstanding any provisions of the article to the contrary, a development impact fee for
20 sheriff's jail facilities shall not be assessed where the event causing the imposition of the fee is a result of:
21 (a) The reconstruction of a building or structure which was destroyed or damaged by fzre
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or other casualty, or voluntarily demolished by the owner thereof, provided that
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the size of the reconstructed building or structure Is not greater than the size of the destroyed,
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25 damaged, or demolished building or structure.
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(b) The construcrion of a publicly owned building or structure the use of which is far
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2 public purposes. However, at the time of constructing, expanding or addzng to a county-
g owned building or structure, the Board of Supervisors shall consider the need for
~ additional sheriff's jail facilities caused by such building or structure, and, where
5 appropriate, shall construct or install or fund the construction and installation of such
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sheriff's j ail facilities.
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(c} The construction of anon-residential use located within the Oroville Enterprise Zone
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9 as described in Butte County Code Chapter 2, Article XVI.S.
10 {d) The construction or installation of a temporary mobile home as described in Butte
11 County Code Section 24-245.
12 3-18 Payment of development impact fee for sheriff's jail facilities.
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14 (a) The development impact fee for sheriff's jail facilities paid pursuant to the provisions of this
15 article shall be due and payable upon the issuance of the building permit for new construction. In the case
16 of a mobile home, factory-built housing or factory-built commercial space, the fee shall be due and
17 payable upon the issuance of the permit providing for the installation and/or hookup of a znabilehorne,
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factory-built housing, or factory-built commercial space. In the case of an expansion of units within an
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24 existing mobilehome park, the fee shall be due and payable upon the issuance or revision of the use
21 permit. In the case of the creation of a new mobilehome park, the fee shall be due and payable upon the
22 issuance of applicable use permit.
23 (b) The amount of the fees set forth in subsection {a), above, shall be calculated as of the date of
24 the application for the building permit and/or use permit.
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1 3-19 Other sheriff s jail facilities requirements.
2 The provisions of this article shall not relieve the owner of any real property located within the
3 county, both the incorporated and unincorporated areas, from the obligation of cornplying with any
4 requirements which are imposed pursuant to other provisions of this code at the time of approval of a
~ subdivision map, parcel map, building permit, or other land use entitlement regarding the funding of
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sheriff s jail facilities.
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3-20 Development impact fee fund for sheriff s jail facilities.
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9 The revenue from all impact fees paid in accordance with the provisions of this article shall be
deposited in a separate capital facilities account or fund to avoid any commingling of the fees with other
10 revenues and funds of the county, except for temporary investments. Expenditure of funds from said
account or fund shall be solely for the purpose for which the fees were collected pursuant to this article.
11 Any interest income earned by monies in such separate account or fund shall also be deposited in said
account or fund and shall likewise be expended only for the purpose for which the fees were originally
12 collected pursuant to this article. Said separate account or fund shall be designated as the "Butte County
13 Development Impact Fees for Sheriff's Jail Facilities Fund." The funds collected pursuant to this article
from development in both the incorporated and unincorporated areas of the county shall fund the sheriff s
14 department jail facilities made necessary by the development and designed to serve such development.
The funds collected pursuant to this article from development in the incorporated areas of the
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county shall fund the sheriff s department jail facilities made necessary by the development and
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1~ designed to serve such development.
18 3-27.-3-30 Reserved
19 Section 2. 5everability. If any provision of this Ordinance or the application thereof to any person or
20 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 other
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applications of the Ordinance which can be given effect without the invalid provision or application
thereof.
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1 Section 3. Effective Date and Publication. This Ordinance shall take effect sixty (60) days after the
2 date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this
3 ordinance before the expiaration of fifteen (15} days after its passage. This Ordinance shall be published
4 once, with the names of the members of the Board of Supervisors voting for and against it, in the
5 Enterprise-Record a newspaper of general circulation published in the County of Butte, State of
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California.
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PASSED AND ADOPTED by the Bogard of Supervisors of the County of Butte, State of
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9 California, on the 3Q`~ day of August by the following vote:
10 AYES: Supervisors Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi
NOES: None
11 AS5ENT: None
NOT VOTING: None
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KIM K. YAMAGUCHI, Chair of the
1~ Butte County Board of Supervisors
1~ ATTEST:
16 PAUL MCINTOSH, Chief Administrative Officer
and Clerk of the Board or Supervisors
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D pury
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