HomeMy WebLinkAbout3967II
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Ordinance No. 3967
AN ORDJNANCE OF THE COUNTY OF BUTTE
REPEALING SECTIONS 3-10 THROUGH 3-20 OF ARTICLE II,
DEVELOPMENT IMPACT FEES FOR SHERIFF'S JAIL FACILITIES,
OF CHAPTER 3, FEES, OF THE BUTTE COUNTY CODE AND
REPLACING THEM WITH SECTIONS 3-10 THROUGH 3-24
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Sections 3-10 through 3-20 of the Butte County Code are repealed and replaced with Sections
3-10 Through 3-24 to read as follows:
Article II. Development Impact Fees for Jail Facilities in the Unincorporated and Incorporated Area of
~ Butte County
3-10 Purpose.
This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI, Section ',
7 of the California Constitution, and Section 66000 and following of the Government Code for the
purpose of authorizing and levying j ail facilities fees upon the owners of real property located in all parts
of Butte County, to include both the unincorporated and incorporated areas, adding one { 1 } or more new
residential units to such property, in an amount sufficient to defray the cast of providing jail facilities
made necessary to serve the additional jail needs arising from an increase or change in the use of such
property.
3-11 Findings.
The board of supervisors makes the following findings and determinations required by Government Cade
Section 66001 in regard to the development impact fees authorized and levied pursuant to the provisions
of this article:
{a} Increased Need Resulting from New Development. The Jail Impact Fee Study dated June 21, 2007,
relies on figures from the Butte County Association of Governments and the California Department of
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Finance to proj ect increases in population over a twenty (20) year period, from 2007 to 2036. It proj ects
that population will increase by two (2) percent annually. As a result, there will be new residential
development occurring within Butte County that will create a need for the development of additional j ail
facilities. Over time, existing jail facilities will become insuff cient in size and capacity to meet the
needs ofnew residential development. Based on the Jail Impact Fee Study dated June 21, 2007 and the
Butte County Jail Needs Assessment dated September 2006, new residential development occurring
within Butte County will create the need for additional jail facility capacity.
(b) Use of Revenues from Fees to Meet Jail Facilities Needs. All revenues from the development impact
fees authorized and levied on new residential development pursuant to the provision of this article will
be used for the acquisition and development of additional jail facilities within the unincorporated and
incorporated area of Butte County which will meet the need for such facilities caused by such new
residential development. In accordance with the provisions of this article, all such revenues must be
deposited in a jail facility account and thereafter appropriated by the Board of Supervisors for the
acquisition and development of jail facilities including the design, engineering, construction, land
acquisition costs, furniture, fixtures and equipment for the expanding facilities.
(c) Fees do not Exceed Level Necessary to Meet Need. The development impact fees authorized and
levied on new residential development pursuant to the provisions of this article will not exceed that
which is necessary to fund the jail facilities attributable to the new residential development upon which ~'
such fees are imposed. Iri particular, the development impact fees authorized and levied on new
residential development will be equal to that necessary to fund additional jail facilities for the increase
in population and residential development that will eventually occur in Butte County by 2036.
(d) Appropriateness of Development Impact Fees. Due to the projected increase in population,
development impact fees are the only equitable way for new development to contribute to maintaining
existing levels of service.
(e) l?urpose of Fees. The purpose of the fees authorized and levied by this article is to defray the cost
of improvements to the jail facilities made necessary by the anticipated increase in population.
(f) Facilities Identified. The facilities that will be financed wholly or in part by the fees are those
identified in the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment
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dated September 2006.
(g} Relationship between Use of Fees and Type of Development. There is a reasonable relationship
between the use of the fees and the type of development project an which the fees aze imposed, as set
forth in the provisions of this article, including, but not limited to, Sections 3-13 and 3-14.
(h) Relationship between Need for Facilities and Type of Develaprnent. There is a reasonable
relationship between the need for the j ail facilities and the type of development prof ect on which the fees
are imposed, asset Earth in the provisions of this article, including, but not limited to, Sections 3-13 and
3-14.
(i} Relationship between Axnaunt of Fees and Cost of Facilities. There is a reasonable relationship
between the amount of the fees and the cost of the jail facilities or portions thereof attributable to the
development an which the fees are imposed, as set forth in the provisions of this article, including, but
not limited to, Sections 3-13 and 3-14 and the Jail Impact Fee Study dated June 21, 2007. j
3-12 Definitions.
Unless the contrary is stated or clearly appeazs from the context, the following definitions shall govern
the construction of the words and phrases used in this article:
(a) Single Family Residence is as defined in Butte County Code section 24-305.130 and includes Duplex
as defined in Butte County Code section 24-305.105, as well as pre-fabricated homes. It also includes
Second Dwelling Units as defined in Butte County Code section 24-305.375, but not Guest House as
defined in Butte County Code section 24-305.175.
(b} Multifamily Residence is as defined in Butte County Code section 24-305.120.
(c) Mobile Home is as defined in Butte County Code section 24-305.280 and includes Modular Hame
as defined in Butte County Code section 24-305.288, as well as a manufactured home, but not a
temporary mobile home as defined in Butte County Code section 24-295.
(d} Chargeable Space shall mean all of the covered and enclosed space determined to be within the
perimeter of a commercial, industrial, office or school structure, not including anypazlcing structure. The
determination of the chargeable space, to be expressed in the number of square feet, shall be made by
the Building Division of the Development Services Department of the County, in accordance with the
standard practice of the County.
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{e} Development shall mean any project undertaken for the purpose of development, and includes a
proj ect involving the issuance of a permit for construction or reconstruction, but not a permit to operate.
(f) Dwelling Unit shall mean any building or mobilehome, or portion thereof, used or designed for use
as a residence by an individual or any group of individuals living together as a family.
', (g) More Intensive Use shall mean a land use on a particular parcel of real property or any part thereof
which, as compared to the previous land use, involves: more residents, employees, students, occupants,
participants or other persons onsite; the generation of more vehicular traffic to and from the site; or any
condition. or combination of conditions which create a greater need for jail facilities.
3-13 Imposition of development impact fees for jail facilities.
A jail facilities development impact fee shall be authorized and levied upon any owner of real property
located in the unincorporated and incorporated area of Butte County, with the fee to be collected in the
incorporated area by each respective municipality through an agreement with Butte Chanty, adding one
(1} or more residential units to such property incident to the construction of a new building on the
property, the installation of a mobilehome or factory-built home on the property or connection thereof
to utilities, or change of any use of a building that is other than residential on the property to a residential
use. Fees authorized and levied hereunder as to the installation of a mobilehome or factory-built home
or the connection of a mobilehome or factory-built home to utilities shall only be authorized and levied
at the initial location of said mobilehome or factory-built home in the unincorporated or incorporated
area of Butte County and if sack location is on a space, site or other property on which no other
mobilehome or factory-built home was previously located.
3-14 Amount of impact fees for jail facilities.
The amount of impact fees for jail facilities authorized and levied pursuant to the provisions of this
article shall be as follows:
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welling Fee
nit Type
Ingle-Family $425.00
ultifamily $339.00
obilehome $347.00
For calculation of the above fees, see the Jail Impact Fee Study dated June 21, 2007.
~ The most recent amount on the index, dated June 2007, is 9063.41.
3-15 Periodic adjustment to jail facilities fees.
From time to time, county staff may submit documentation substantiating that there has been an increase
in the cost of acquiring and/or developing j ail facilities within the unincorporated and incozporated area
of Butte County, and requesting an increase in the j ail facilities fee authorized and levied pursuant to the
provisions of this 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 and/or developing such jail facilities and the amount of the increase in the jail facilities fee
which is proportional to the increase in such costs shall be made by the board of supervisors based on
~ the fallowing:
The net percentage increase in the Engineering News Record Construction Cost index for San Francisco
(using the CCT 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 the ordinance codified in this section
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or any prior increase in the fee made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index aznountlamount of index at time of existing fee) x
existing fee =new fee.
3-16 Credit for jail facilities fees previously paid.
Where j ail facilities fees have previously been paid in whole or in part as to the real property upon which
the structures are to be added, the owner of said real property shall be entitled to a credit or partial credit
for the amount paid against the fees owing pursuant to this article. Such fees may previously have been
paid to another jurisdiction or to Butte County where such fees have been paid for a use that is being
converted to a different or more intensive use.
3-17 Exemption from jail facilities fees.
Notwithstanding anyprovisions of this article to the contrary, a jail facilities fee shall not be authorized
and levied upon an owner of real property located in the unincorporated or incorporated area of Butte
County adding or enlarging one (1} or more structures to such property or converting the use thereof to
amore intensive use under the following circumstances:
(a) Where the structure is owned by a governmental agency.
(b) Where the structure is a building, or 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 of structures or the amount of chargeable space in such reconstructed structure is no greater than
the number of structures or the amount of chargeable space in the structure prior to such damage,
destruction or demolition.
(c} Where a use is a nonresidential use and the structure is located within the Oroville Enterprise Zone
as described in Butte County Code Chapter 2, Article XVLS.
(d) Where the structure is a temporary mobilehome as described in Butte County Code Section 24-295.
3-18 Payment of development impact fee for jail facilities.
(a) Time of Payment. The j ail facilities fee authorized and levied pursuant to the provisions of this article
shall be due and payable prior to:
{1) The issuance of a building permit for the construction of any new residential building, or for the
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change in use of a nonresidential building or mobilehome to a residential use;
{2) The issuance of an installation or utility connection permit for a mobilehome or factory-built home
in which such dwelling unit is to be located; or
{3) The occupation of such dwelling unit.
(b} Such fee shall be paid to the County of Butte, Department of Development Services, Building
Division, in the amount specified in Section 3-i4.
3-19 Deposit of jail facilities fee revenues in jail facilities account
All revenues from the jail facilities fee authorized and levied pursuant to the provisions of this article
~ shall, when received by the County of Butte, be deposited in a separate jail facilities account thereafter
appropriated anal used only for the acquisitionand/or development of jail facilities or land in the manner
hereinafter provided by this article.
3-24 Appropriation of jail facilities fee revenues for the acquisition and development of jail facilities.
All revenues from the jail facilities fee authorized and levied pursuant to the provisions of this article
and received by the County of Butte, Department of Development Services, Building Division, and
deposited in a separate account pursuant to this article shall be appropriated by the Board of Supervisors
in a manner consistent with the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail
Needs Assessment dated September 2006 and only for the acquisition and/or development of those jail
facilities identif ed in these plans.
3-21 Report re disposition of jail facilities fee revenues; action re unexpended revenues.
{a) Within one hundred eighty (180) days after the last day of each fiscal year the Auditor/Controller of
the County of Butte shall provide to the Board of Supervisors a report regarding each separate account
established pursuant to this article, and the Board shall then review the report, in compliance with the
requirements of Government Code Section 66006(b).
(b} Action by the Board of Supervisors. Commencing with the fifth fiscal year following the first receipt
of any revenues from jail facilities fees authorized and levied pursuant to the provisions of this article,
and every five {5) years thereafter, the board of supervisors, following receipt of the Butte County
Auditor/Controller's report, shall make the required findings with respect to any unexpended jail
facilities fee revenues in the jail facilities account as set forth in Government Code Section 66001(d).
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In the event that the jail facilities fee revenues are found not to have been diligently expended, the board
of supervisors may take one of the following actions:
(1) Order the expending of all or any part of such unexpended jail facilities fee revenues for the
acquisition and/or development of jail facilities in the manner hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexpended jail facilities fee revenues which
identifies the purpose to which the revenues are to be put and which demonstrates a reasonable
relationship between the fees from which the revenues are derived and the purpose for which they were
charged; or
(3) Order the refund of all or any part of such unexpended jail facilities fee revenues, together with any
interest accrued thereon, to the current owner of any property for which fees were paid; provided,
however, that if the administrative casts of refunding such j ail facilities fee revenues exceed the amount
to be refunded, the board of supervisors, after considering the matter at a public hearing, notice of which
is given in the manner provided for by Government Code Section 6f 001(f), may order the expending of
such revenues for any other facility or improvement for which development fees are charged or otherwise
imposed pursuant to this Code and which the baazd of supervisors determines will benefit the properties
for which the jail facilities fees were paid_
3-22 Other jail facilities requirements.
The provisions of this article shall not relieve the owner of any real property located within the county,
bath the incorporated and unincorporated areas, from the obligation ofcomplying with any requirements
that axe imposed pursuant to other provisions of this code, state law or federal law at the time of approval
of a subdivision map, parcel map, building permit ar other land use entitlement regarding the funding
of jail facilities.
3-23 Notation of subdivision maps.
As a condition of approval of tentative subdivision maps, final maps shall contain a notation with regard
to the imposition of the development impact fees for j ail facilities. The notation shall include information
to the effect that a development impact fee fox jail facilities will be required at the time of the issuance
of a building permit and that such fee will be determined and calculated as of the date of application for
the building permit, as opposed to the time of the filing of the final map or issuance of the use permit.
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3-24 Processing fee.
A processing fee covering the collection, handling, and accounting of the development impact fees
collected pursuant to this article will be charged and set by resolution.
Section 2. Severabil_ity. 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 3. 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 {15) days after its passage. This Ordinance shall be published once; with
the names of the membexs of the Board of Supervisors voting for and against it, in the ,
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 10th day of July , 2007, by the following vote:
AYES: Supervisors; Connelly, Kirk, Josiassen, Yamaguchi, and Chair Dolan
NOES: None
I ABSENT: None
f NOT VOTING: None
Ut~~,~-uv, Lnair or the
County Board of Supervisors
ATTEST:
~'~ STARLYN ,Interim Chief
Adminis tie ffi r
and C1 0
By ~
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