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Ordinance No. 4063
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XXIV TO
CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING DEVELOPMENT
IMPACT FEES FOR CRIMINAL JUSTICE FACILITIES-COUNTYWIDE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1 -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 development imp
fees for criminal justice facilities upon the owners of real property located in
unincorporated and incorporated area of Butte County, adding or expanding one (1)
more residential or nonresidential units to such property, in an amount sufficient to deft
the cost of constructing or improving criminal justice facilities made necessary to see
the additional facilities needs arising from an increase or change in the use of
property. As used in this ordinance, criminal justice facilities support services asso
with the District Attorney's Office and Probation Department, including ju~
detention. Criminal justice facilities excludes sheriff facilities associated with (1)
jails, (2) patrol and investigation serving the unincorporated area, and (3) courts.
Section 2 -Findings.
The board of supervisors makes the following findings and determina
required by Government Code Section 66001 in regard to the development impact
authorized and levied pursuant to the provisions of this article:
(a) Increased Need Resulting From New Development. The Butte County
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, p
increases in population, housing units and jobs over atwenty-three (23)
period, from 2012 to 2035. It projects that population will increase by forty-
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(43) percent, housing units will increase by forty-two (42) percent, and jobs v
increase by fifty-seven (57) percent. As a result, there will be new residential
nonresidential development occurring within Butte County that will create a ne
for the acquisition, development or improvement of criminal justice faciliti
Over time, existing criminal justice facilities will become insufficient in numt
size and location to meet the needs of new residential and
development. Based on the Butte County Public Facilities Fee Nexus Study 20
Update, dated October 5, 2012, new residential and nonresidential developma
will create the need for an additional thirteen thousand (13,000) square feet
criminal justice facilities to serve new development through the planning horiz
of 2035.
(b) Use of Revenues From Fees to Meet Criminal Justice Facilities Needs. ,
revenues from the development impact fees authorized and levied on n
residential or nonresidential development pursuant to the provisions of this arti~
will be used for the acquisition, development or improvement of addition
criminal justice facilities, vehicles and equipment within the unincorporated a
incorporated area of Butte County, which will meet the need for such faciliti
vehicles and equipment caused by such new residential or nonresident
development. In accordance with the provisions of this article, all such revem
must be deposited into a criminal justice facilities account and thereat
appropriated by the board of supervisors for the acquisition, development
improvement of criminal justice facilities, vehicles and equipment of benefit
the persons owning, or residing and working in the structures upon which the fi
are imposed. The fees will cover the design and engineering, construction, 1~
acquisition and other necessary project costs (including project management a
environmental costs) related to providing building facilities for the Dish
Attorney's Office or Probation Department, including juvenile detention,
vehicles and equipment made necessary by the increase in population, hous;
units and jobs.
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(c) Fees Do Not Exceed Level Necessary to Meet Need. The developm
impact fees authorized and levied on new residential or nonresider
development pursuant to the provisions of this article will not exceed that wh
is necessary to fund the criminal justice facilities attributable to the n
residential or nonresidential development upon which such fees are imposed.
particular, the development impact fees authorized and levied on new resider
or nonresidential development will be equal to that necessary to fund
additional thirteen thousand (13,000) square feet of space for criminal just
facilities, as well as vehicles and equipment made necessary by the increase
population, housing units and jobs.
(d) Appropriateness of Development Impact Fees. Due to the projected incre<
in population, housing units and jobs, development impact fees are the o~
equitable way for new development to contribute to maintaining existing levels
service.
(e) Purpose of Fees. The purpose of the fees authorized and levied by this a~
is to defray the cost of improvements to, or acquisitions of, those criminal ju
facilities, vehicles and equipment within the unincorporated and incorporated
of Butte County made necessary by the increases in population, housing units
jobs.
(f) Criminal Justice Facilities Identified. The facilities that will be financ
wholly or in part by the fees include, but are not limited to, those types
facilities, facilities improvements, vehicles and equipment identified in the Bu
County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 20
and/or those facilities, facilities improvements, vehicles and equipment identifi
in the capital improvement plan approved by the board of supervisors entitled t
Butte County Capital Improvement Program, and facilities, facilit
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improvements, vehicles and equipment made necessary by the increases
population, housing units and jobs.
(g) Relationship Between Use of Fees and Type of Development. There is
reasonable relationship between the use of the fees and the type of developme
project on which the fees are imposed as set forth in the provisions of this artic
including, but not limited to, Section 4, Section 5 and Section 11.
(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the criminal justice facilitiE
vehicles and equipment and the type of development projects on which the fe
are imposed as set forth in the provisions of this article, including, but not limit
to, Section 4 and Section 5.
(i) Relationship Between Amount of Fees and Cost of Facilities. There is
reasonable relationship between the amount of the fees and the cost of t]
criminal justice facilities or portions thereof attributable to the development i
which the fees are imposed as set forth in the provisions of this article includin
but not limited to Section 5, and chapter 2 and chapter 3 of the Butte Coun
Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.
Section 3 - Definitions.
Unless the contrary is stated or clearly appears from the context, the follo~
definitions shall govern the construction of the words and phrases used in this article:
(a) Development shall mean any human-caused change to land that requires
permit or approval from the County.
(b) Nonresidential Units shall mean the following:
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(1) Commercial/Community Services shall mean all commercial
retail uses including restaurants, banks, car sales, laundromats, sa
service stations, nurseries, department stores, auditoriums, s
assemblies, churches, indoor sporting, theaters, community facilities,
visitor-serving lodging facilities (hotels, motels, etc.).
(2) General Office shall mean all general professional and medical
development including medical and dental offices, corporate headgr
single tenant, office parks, research and development centers, and bi
parks.
(3) Industrial shall mean all industrial uses including manufa~
woodworking, light and heavy industrial, automotive and aircraft
industrial parks, and all warehousing and distribution uses in
parking garages, aircraft hangers, and hazardous storage.
(4) Institutional shall mean all hospitals and clinics, all care faci
including nursing homes, assisted living, and group or day care cep
and all education facilities including preschools, private schools
colleges. Excludes public uses.
(5) Low Intensity shall mean all uses not included in other cat.
including mini and seasonal storage facilities, outdoor recreation, c
arenas, amusement parks, mining, seasonal agricultural uses and
facilities.
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(c) Residential Units shall mean the following:
(1) Single Family which includes detached single family units, attar
single family units, factory-built homes and second units, but does
include guest houses.
(2) Multi-family which includes units in multi-family b
(comprised of two or more units), and manufactured home/mobile
but excluding group quarters such as dormitories, nursing
correction facilities, etc.
Section 4 -Imposition of criminal justice facilities fees.
Criminal justice facilities development impact fees shall be authorized and levii
upon any owner of real property located in the unincorporated and incorporated area
Butte County, with the fees to be collected in the incorporated area by each respecti~
municipality through an agreement with Butte County, adding or expanding one (1)
more residential or nonresidential units to such property, or the change in use of
nonresidential building or mobile home on the property to a residential use, or the chant
in use of a residential building to any use other than residential.
Section 5 -Amount of criminal justice facilities fees.
The amount of development impact fees for criminal justice facilities author
and levied pursuant to the provisions of this article shall be as specified in the Impact
Resolution adopted by the board of supervisors.
The Butte County Public Facilities Fee Nexus Study 2012 Update, dated
5, 2012, shall be referenced for general calculation of the levied fees.
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Section 6 -Periodic adjustment to criminal justice facilities fees.
From time to time, county staff may submit documentation substantiating
there has been an increase in the cost of acquiring, developing or improving crimi~
justice facilities, vehicles and equipment within the unincorporated and incorporated a~
of Butte County and requesting an increase in the criminal justice facility fees authori~
and levied pursuant to the provisions of this article. The board of supervisors rr
increase the fees in an amount proportional to the increase in such costs. T
determination of whether there has been an increase in the cost of acquiring, developi
or improving such criminal justice facilities, vehicles and equipment, and the amount
the increase in the criminal justice facilities fees which is proportional to the increase
such costs shall be made by the board of supervisors based on the following:
The net percentage increase in the Engineering News Record Construction
Index for San Francisco (using the CCI column of the "ENR City Cost Index-
Francisco") (based on 1913 U.S. average =one hundred (100)) as last published in
Engineering News Record McGraw Hill Construction Weekly (or on the inter
between the date of such increase and the effective date of the ordinance codified in
section or any prior increase in the fees made pursuant to the provisions of this section.
The formula for adjusting the fee is: (New index amount/amount of index at
of existing fee) x existing fee =new fee.
Section 7 -Credit for criminal justice facilities fees previously paid.
Where criminal justice facilities fees have previously been paid in whole or
part as to the real property upon which the structures are to be added, expanded
converted, the owner of said real property shall be entitled to a credit or partial credit
the amount paid against the fees owing pursuant to this article. Such fees may previou
have been paid to another jurisdiction or to Butte County where such fees have been p.
for a use that is being converted to a different or more intensive use.
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Section 8 -Exemptions from criminal justice facilities Fees.
Notwithstanding any provisions of this article to the contrary, criminal justi
facilities fees shall not be authorized and levied upon an owner of real property located
the unincorporated or incorporated area of Butte County adding or expanding one (1)
more structures to such property or converting the use thereof to a more intensive i
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 bei
reconstructed following damage or destruction by fire or other casualty, or 1
voluntary demolition thereof, provided that the number of structures or the size
such reconstructed structure is no greater than the number of structures or size
the structure prior to such damage, destruction or demolition.
(c) Where a use is a nonresidential use and the structure is located within
Oroville Enterprise Zone as described in Butte County Code Chapter 2, Arl
XVI.S.
(d) Where the structure is a temporary mobile home as described in Butte
Code Section 24-174(F).
Section 9 -Waiver of criminal justice facilities fees.
Pursuant to Butte County Code Section 1-18, the board of supervisors may w
all or part of the fees as permitted by law, if the applicant is a public entity or nonpi
charitable organization or if the board of supervisors finds that it is otherwise in
public interest to do so.
Consistent with, and in support of the findings and determinations required
Government Code Section 66001 in regard to the development impact fees authoriz
and levied pursuant to the provisions of this article, the amount of any waiver of fe
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shall require a corresponding transfer of the waived fee amount from the
General Fund to the appropriate development impact fee account.
Section 10 -Facility construction or improvements by agreement.
When, as a condition of approval of a development project: 1) construction
criminal justice facilities or facilities improvements are required as part of the appro
process for the project; and 2) those requirements have been imposed upon the develop
and recorded in a development agreement with the County; and 3) the value of the
facilities and/or improvements exceeds the criminal justice facilities development imp
fees that would have been levied on the subject properties, development impact fees v
not be imposed or collected on the subject properties. This action constitutes an in-1
payment of fees and does not constitute an exception or waiver of the required fees.
Section 11 -Payment of criminal justice facilities fees.
(a) Time of Payment. The criminal justice facilities fees authorized and lei
pursuant to the provisions of this article shall be levied and become due at
time of request for final inspection or certificate of occupancy, whichever oa
first.
(b) Place of Payment. Fees levied pursuant to the provisions of this article
be paid to the County of Butte, Department of Development Services, in
amount specified in the most recent Impact Fee Resolution adopted by the b~
of supervisors at the time of levy.
Section 12 -Deposit of criminal justice facilities fee revenues in criminal justice facilities
account.
All revenues from the criminal justice facilities fees authorized and le
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pursuant to the provisions of this article, less an authorized administration fee, s
when received by the County of Butte, be deposited into a separate criminal ju
facilities account thereafter appropriated and used only for the acquisition, develops
or improvement of criminal justice facilities in the manner hereinafter provided by
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article. An authorized administrative fee shall be deposited into a separate impact
administration account.
Section 13 -Appropriation of criminal justice facilities fee revenues for the acquisition,
development or improvement of criminal justice facilities.
All revenues from the criminal justice facilities fee authorized and levied pursua~
to the provisions of this article and received by the County of Butte and deposited into
separate account pursuant to this article, shall be appropriated by the board of supervisor
in a manner consistent with the Butte County Public Facilities Fee Nexus Study 201
Update, dated October 5, 2012, and the capital improvement plan entitled the But
County Capital Improvement Program approved by the board of supervisors, and only fi
the acquisition, development or improvement of those types of criminal justice facilitie
vehicles and equipment made necessary by increases in population, housing units ar
jobs.
Section 14 -Report regarding disposition of criminal justice facilities fee revenues; action
regarding unexpended revenues.
(a) Within one hundred eighty (180) days after the last day of each fiscal year
chief administrative officer of the County of Butte or his/her designee sl
provide to the board of supervisors a report regarding each separate account
fund established pursuant to this article, and the board shall then review
report, in compliance with the requirements of Government Code Sect
66006(b).
(b) Action by the board of supervisors. Commencing with the fifth fiscal }
following the first receipt of any revenues from criminal justice facilities
authorized and levied pursuant to the provisions of this article, and every five
years thereafter, the board of supervisors, following receipt of the Butte Coti
chief administrative officer's report, shall make the required findings with rest
to any unexpended criminal justice facilities fee revenues in the criminal jus
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facilities account as set forth in Government Code Section 66001(d). In the
that the criminal justice facilities fee revenues are found not to have
diligently expended, the board of supervisors may take one of the foll
actions:
(1) Order the expending of all or any part of such unexpended trim
justice facilities fee revenues for the acquisition, development
improvement of criminal justice facilities, vehicles and equipment in
manner hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexpenc
criminal justice facilities fee revenues which identifies the purpose
which the revenues are to be put, and which demonstrates a reasona
relationship between the fees from which the revenues are derived and
purpose for which the revenues are derived, and the purpose for which
revenues are derived and the purpose for which they were charged; or
(3) Order the refund of all or any part of such unexpended criminal just
facilities fee revenues, together with any interest accrued thereon, to
current owner of any property for which fees were paid; provid
however, that if the administrative costs of refunding such criminal just
facilities fee revenues exceed the amount to be refunded, the board
supervisors, after considering the matter at a public hearing, notice
which is given in the manner provided for by Government Code Sect
66001(f), may order the expending of such revenues for any other faci
or improvement for which development fees are charged or otherv
imposed pursuant to this code and which the board of supervi~
determines will benefit the properties for which the criminal jus
facilities fees were paid.
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Section 15 -Other criminal justice facilities requirements.
The provisions of this article shall not relieve the owner of any real prope
located within the County, both the unincorporated or incorporated areas, from i
obligation of complying with any requirements that are imposed pursuant to ot]
provisions of this code, state law or federal law at the time of approval of a subdivisi
map, parcel map, building permit or other land use entitlement regarding the funding
criminal justice facilities.
Section 16 - Severability.
If 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 jurisdicti
such provision shall be deemed severable, and the invalidity thereof shall not affect
remaining provisions or other application of the Ordinance which can be given eft
without the invalid provision or application thereof.
Section 17 -Effective Date and Publication.
This ordinance shall take effect sixty (60) days after the date of its passage.
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 members of the Board of Supervisors voting for and against it, in the Chicc
Enterprise Record, a newspaper of general circulation in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State
California on the 8`" day of October 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None
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BILL CONNELLY, CHAIR
Butte County Board of Supervisors
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