HomeMy WebLinkAbout39321
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Ordinance No. 3932
AN ORDINANCE AMENDING SECTIONS 16-32 AND 16-33, OF ARTICLE IV, ENTITLED
PARK FACILITY FEES IN THE CHICO URBAN AREA; SECTIONS 16-45 AND 16-46, OF
ARTICLE V, ENTITLED PARK FACILITY FEES IN THE DURHAM RECREATION AND
PARK DISTRICT; SECTIONS 1.6-62 AND ] b-G3, OF ARTICLE VI, ENTITLED PARK
FACILITY FEES IN THE FEATHER RIVER RECREATION AND PARK DISTRICT AND
SECTIONS 16-77,16~80,16~81 AND 16-82 , OF ARTICLE VII, ENTITLED PARK FACILITY
FEES IN THE PARADISE RECREATION AND PARK DISTRICT OF CHAPTER 16,
ENTITLED PARKS AND RECREATION OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article N, Section 16-32 of the Butte County Code is amended to read as follows:
"Section 16-32. Exemptions from park facility fees.
Notwithstanding any provisions of this Article to the contrary, a park facility fee shall not
be assessed and levied upon an owner of real property located in the Chico Urban Area
adding one or more dwelling units to such property under the following circumstances:
{a} Where the dwelling unit is within a building owned by a governmental agency.
(b} Where the dwelling unit is within a building which is being reconstructed following
damage or destruction by fre or other casualty, or the voluntary demolition thereof,
provided that the number of dwelling units in such reconstructed building is no greater
than the number of dwelling units in the building prior to such damage, destruction, or
demolition.
{c} Where the dwelling unit is within, a part of, or affiliated with a facility used primarily
for the congregate housing and care of persons who are 55 years of age or older.
{d} Where the structure is a temporary mobile home as described in Butte County Cade
Section 24-295."
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Section 2. Article IV, Section 16-33 of the Butte County Code is amended to read as follows:
"Section 16-33. Periodic adjustment to park facility fees.
From time to time, the Chico Area Recreation and Park District may submit
documentation substantiating that there has been an increase in the cost of acquiring
andlor developing park facilities within the Chico Urban Area, and requesting an increase
in the park facility fees assessed and levied pursuant to the provisions of the 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 cost of
acquiring andlor developing such pazk facilities and the amount of the increase in the
pazk facility fee which is proportional to the increase in such costs, shall be made by the
Board of Supervisors based on the following:
(a) Information regarding increase in the cost of acquiring and developing park facilities
(other than the cost of acquiring parkland}. The net percentage increase in the
Engineering News Record Construction cost index for San Francisco (using the CCI
column of the "ENR City Cost Index -San Francisco") {based an 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 pazk facility fees made pursuant to the provisions
of this section.
The formula for adjusting the fee is: (New index amount/amount of index at time of
existing fee} x existing fee =new fee.
(b} Information regarding increase in the cost of acquiring parkland The net percentage
change in the median home price pertaining to zip codes in the unincorporated areas of
the District between the date of such increase and the effective date of this section or any
prior increase in the parkland fees made pursuant to-the provision of this section.
The formula for adjusting the parkland fee is: {net percentage change in median home
price in applicable zip codes x existing fee) + existing fee =new fee."
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Section 3. Article V, Section 16-45 of the Butte County Code is amended to read as follows:
"16-45 Exemptions from park facility fees.
Notwithstanding any provisions of this article to the contrary, a park facility fee shall not
be assessed and levied upon an owner of real property located in the Durham Recreation
and Park District adding one {1) or more dwelling units to such property under the
following circumstances:
(a) Where the dwelling unit is within a building owned by a governmental agency.
(b) Where the dwelling unit is within a building which is being reconstructed following
damage or destruction by fire or other casualty, or the voluntary demolition thereof,
provided that the number and size of dwelling units in such reconstructed building is no
greater than the number and size of dwelling units in the building prior to such damage,
destruction or demolition. Increases in size will be charged in the same manner as an
alteration or construction of air addition under § 16-43.
(c) Where the dwelling unit is within, a part of, or affiliated with a facility used primarily
for the congregate housing and care of persons who are fifty-five (55) years of age or
older.
(d) Where the structure is a temporary mobile home as described in Butte County Code
Section 24-295."
~ Section 4. Article V, Section 16-4b of the Butte County Code is amended to read as follows:
"15-45 Periodic adjustment to park facility fees.
Fxom time to time, the Durham Recreation and Park District may submit documentation
substantiating that there has been an increase in the cost of acquiring and/or developing
park facilities within the Durham Recreation and Park District, and requesting an increase
in the park facility fees assessed and levied pursuant to the provisions of the article. The
Board of Supervisors mayincrease this fee,-in an amount proportional to the increase of
such costs. The determination of whether there has been an increase in the cost of
acquiring andlor developing such park facilities and the amount of the increase in the
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park facility fee which is proportional to the increase in such costs, shall be made by the
Board of Supervisors based on the following:
(a) Information regarding increase in the cost of acquiring and developing park facilities
(other than the cost of acquiring parkland). The net percentage increase in the
Engineering News Record Construction cost index for 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 park facility fees made pursuant to the provisions
of this section.
The formula for adjusting the fee is: (New index amountlamount of index at time of
existing fee) x existing fee =new fee.
(b) Information regarding increase in the cost of acquiring parkland. The net percentage
change in the median home price pertaining to zip codes in the unincorporated areas of
the District between the date of such increase and the effective date of this section or any
prior increase in the parkland fees made pursuant to the provision of this section.
The formula for adjusting the parkland fee is: {net percentage change in median home
price in applicable zip codes x existing fee) + existing fee =new fee."
Section 5. Article VI, Section 16-62 of the Butte County Code is amended to read as follows:
"16-62 Exemptions from park facility fees.
Notwithstanding any provisions of this article to the contrary, a park facility fee shall not
be assessed and levied upon an owner of real property located in the Feather River
Recreation and Park District adding one (1) or more dwelling units to such property under
the following circumstances:
- (a) Where the dwelling unit is within a building owned by a governmental agency. -
{b) Where the dwelling unit is within a building which is being reconstructed following
damage or destruction by fire or other casualty, or the voluntary demolition thereof,
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provided that the number of dwelling units in such reconstructed building is no greater
than the number of dwelling units in the building prior to such damage, destruction or
demolition.
(c} Where the dwelling unit is within, a part of, or affiliated with a facility used primarily
for the congregate housing and care of persons who are f fty-f ve (55) years of age or
older.
(d} Where the structure is a temporary mobile home as described in Butte County Cade
Section 24-295."
~ Section b. Article VI, Section 16-63 of the Butte County Code is amended to read as follows:
"16-63 Periodic adjustment to park facility fees.
From time to time, the Feather River Recreation and Park District may submit
documentation substantiating that there has been an increase in the cost of acquiring
andlor developing park facilities within the Feather River Recreation and Park District,
and requesting an increase in the park facility fees assessed and levied pursuant to the
provisions of the article. The Board of Supervisors may increase this fee, in an amount
proportional to the increase of such costs. The determination of whether there has been
an increase in the cost of acquiring and/or developing such park facilities and the amount
of the increase in the park facility fee which is proportional to the increase in such costs,
shall be made by the Board of Supervisors based on the following:
(a) Information regarding increase in the cost of acquiring and developing park facilities
(other than the cost of acquiring parkland). The net percentage increase in the
Engineering News Record Construction cost index for San Francisco (using the CCl
column of the "ENR City Cost Index -San Francisco") (based on 1913 U.S. average =
100) as last published in the Engineering News Record McGxaw Hill Construction
- Weekiy(or on-the Internet} between the data-of such-increase and the effective date of
this section or any prior increase in the park facility fees made pursuant to the provisions
of this section.
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The formula for adjusting the fee is: (New index amount/amount of index at time of
existing fee) x existing fee =new fee.
{b} Information regarding increase in the cost of acquiring parkland. The net percentage
change in the median home price pertaining to zip codes in the unincorporated areas of
the District between the date of such increase and the effective date of this section or any
prior increase in the parkland fees made pursuant to the provision of this section.
The formula for adjusting the parkland fee is: (net percentage change in median home
price in applicable zip codes x existing fee) + existing fee =new fee."
Section 7. Article VII, Section 16-77 of the Butte County Code is amended to read as follows:
"I6-77 Imposition of park facility fees.
A park facility fee shall be assessed and levied upon any owner of real property Iocated
in the unincorporated area of the Paradise Recreation and Park District adding ane { 1 } or
more new dwelling units to such property incident to the construction of a new building
on the property, the installation of a mobile home on the property or connection thereof
to utilities, the alteration or construction of an addition of assessable space to an existing
building or mobile home on the property, or the change in use of a nonresidential
building or mobile home on the property to a residential use. Fees assessed and levied
hereunder as to the installation of a mobile home ar the connection of a mobile home to
utilities shall only be assessed and levied at the initial location of said mobile Name in the
Paradise Recreation and Park District and if such location is on a space, site or other
property on which no other mobile home was previously located. "
Section 8. Article VII, Section 16-80 of the Butte County Code is amended to read as follows:
"16-80 Exemptions from park facility fees.
Notwithstanding any provisions ofthis article to the contrary, a park facility fee shall not
be assessed-and levied u on-an owner of real roe located in the Paradise Recreation-
p p p rt3'
and Park District adding one {1) or more dwelling units to such property under the
following circumstances:
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{a) Where the dwelling unit is within a building owned by a governmental agency.
(b) Where the dwelling unit is within a building which is being reconstructed following
damage or destruction by fixe or other casualty, or the voluntary demolition thereof,
provided that the number and size of dwelling units in such reconstructed building is no
greater than the number and size of dwelling units in the building prior to such damage,
destruction or demolition. Increases in size will be charged in the same manner as an
alteration or construction of an addition under § 16-77.
{c} Where the dwelling unit is within, a part of, or affiliated with a facility used primarily
for the congregate housing and care of persons who are fifty-five {55) years of age or
older.
{d} Where the structure is a temporary mobile home as described in Butte County Code
Section 24-295."
Section 9. Article VII, Section 16-51 of the Butte County Code is amended to read as follows:
"16-81 Periodic adjustment to park facility fees.
From time to time, the Paradise Recreation and Park District may submit documentation
substantiating that there has been an increase in the cast of acquiring andlor developing
park facilities within the Paradise Recreation and Park District, and requesting an
increase in the pazk facility fees assessed and levied pursuant to the provisions of the
Article. The Board of Supervisors may increase this fee, in an amount proportional to the
increase of such costs. The determination of whether there has been an increase in the
cost of acquiring and/or developing such park facilities and the amount of the increase
in the pazk facility fee which is proportional to the increase in such costs, shall be made
by the Board of Supervisors based on the following:
(a) Information regarding increase in the cost of acquiring and developing park facilities
(other- than -the cost- of~ -acquiring parkland}: The- net' -percentage increase in the
Engineering News Record Construction cost index for San Francisco {using the CCI
column of the "ENR City Cost Index -San Francisco") {based on 1913 U.S. average =
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1 100} as Iast published in the Engineering News Record McGraw Hill Construction
2 Weekly (or on the Internet) between the date of such increase and the effective date of
3 this section or any prior increase in the park facility fees made pursuant to the provisions
4 of this section.
5 The formula for adjusting the fee is: {New index amountlamount of index at time of
6 existing fee} x existing fee =new fee.
7 {b} Information regarding increase in the cost of acquiring parkland. The net percentage
8 change in the median home price pertaining to zip codes in the unincorporated areas of
9 the District between the date of such increase and the effective date of this section ar any
10 prior increase in the parkland fees made pursuant to the provision of this section.
l 1 The formula for adjusting the parkland fee is: (net percentage change in median home
12 price in applicable zip codes x existing fee) + existing fee =new fee."
13 Section 10. Article VII, Section 16-$2 of the Butte County Code is amended to read as follows:
14 "16-82 Pay~nn.ent of park facility fees.
15 (a) Time of payment: The park facility fees assessed and levied pursuant to the provisions
16 of this article shall be due and payable prior to:
17 (1) The issuance of a building permit for the construction of any new building in which
18 such dwelling unit is to be located or for the alteration or construction of an addition of
19 assessable space to any existing building or mobile home in which such dwelling unit is
20 to be located, or for the change in use of a nonresidential building or mobile home to a
21 residential use;
22 (2} The issuance of an installation or utility connection permit for a mobile home in
23 which such dwelling unit is to be located; or
24 {3} The occupation of such dwelling unit.
25 {b}-Payment to Paradise Recreation and-Park District; Certif cation of Payment: Such fees
26 shall be paid to the Paradise Recreation and Park District, which shall certify to the
27 County of Butte, Department of Development Services that the fees have been paid."
28 $
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Section 11. Severability.
If any provision of this Ordinance or the application thereof to any person ar 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 12. Effective Date and Publication.
This Ordinance shall take effect thirty (30} days after the date of its passage. The Clerk of the
Board of Supervisors is authorized and directed to publzsh this ordinance before the expiration of fifteen
(15}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.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of
California, on the 28`~ day of March 2006, by the following vote:
AYES: Supervisors Connelly, Dolan, Houx, Yamaguchi and Chair Josiassen
NOES: None
ABSENT: None
NOT VOTING: None
J IASSEN, Chair
tte ty Board of Supervisors
I ATTEST:
PAUL Mc1NTOSH, Chief Administrative Officer
and Clerk of the Board of Supervisors
B
e uty
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