HomeMy WebLinkAbout40641
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Ordinance No. 4064
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XXIII TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR FIRE FACILITIES AND VEHICLES-
UNINCORPORATED AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XXIII is repealed and replaced to read as follows:
3-266 -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 o1
the Government Code for the purpose of authorizing and levying development impact
fees for fire facilities and vehicles upon the owners of real property located in the
unincorporated area of Butte County (excluding the North Chico Specific Plan Area and
the real property located within the El Medio Fire Protection District), adding or
expanding one (1) or more residential or nonresidential units to such property, in an
amount sufficient to defray the cost of acquiring, developing or improving fire facilities.
equipment and vehicles made necessary by an increase or change in the use of such
property.
3-267 -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 Pul'
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, proje
increases in population, housing units and jobs over atwenty-three (23) y.
period, from 2012 to 2035. It projects that population will increase by forty-tlu
(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
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nonresidential development occurring within Butte County that will create a nee
for the acquisition, development or improvement of additional fire facilities an
vehicles. Over time, existing fire facilities and vehicles will become insufficie~
in number, size and location to meet the needs of new residential or nonresidenti;
development. Based on the Butte County Public Facilities Fee Nexus Study 201
Update, dated October 5, 2012 new residential or nonresidential developme~
occurring within Butte County will create the need for an additional ninetee
thousand (19,000) square feet of space for fire facilities and additional vehicles ~
serve new development through the planning horizon of 2035.
(b) Use of Revenues From Fees to Meet Fire Facilities and Vehicle Needs. i
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 fire faciliti
vehicles and equipment within the unincorporated area of Butte County, whi
will meet the need for such facilities, vehicles and equipment caused by such n.
residential or nonresidential development. In accordance with the provisions
this article, all such revenues must be deposited into a fire facilities and vehic
account and thereafter appropriated by the board of supervisors for ~
acquisition, development and improvement of fire facilities, vehicles a
equipment of benefit to the persons owning, or residing and working in
structures upon which the fees are imposed.
(c) Fees Do Not Exceed Level Necessary to Meet Need. The
impact fees authorized and levied on new residential or
development pursuant to the provisions of this article will not exceed that w]
is necessary to fund the fire facilities, vehicles and equipment attributable to
new residential or nonresidential development upon which such fees are impo
In particular, the development impact fees authorized and levied on
residential or nonresidential development will be equal to that necessary to i
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an additional nineteen thousand (19,000) square feet of space for fire facilities,
well as additional vehicles and equipment made necessary by the anticipat
increases in population, housing units and jobs that will eventually occur in Bu
County by the year 2035.
(d) Appropriateness of Development Impact Fees. Due to the projected incre~
in population, housing units and jobs, development impact fees are the or
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 at
is to defray the cost of acquisition, development or improvement of those
facilities, vehicles and equipment within the unincorporated area of Butte Co
made necessary by the increases in population, housing units and jobs.
(f) Fire Facilities and Vehicles 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 i
Butte County Capital Improvement Program, and facilities, facilit
improvements, vehicles and equipment made necessary by 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, Sections 3-269, 3-270 and 3-276.
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(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the fire facilities and vehicles at
the type of development project on which the fees are imposed as set forth in t]
provisions of this article including, but not limited to, Sections 3-269 and 3-270.
(i) Relationship Between Amount of Fees and Cost of Facilities. There is
reasonable relationship between the amount of the fees and the cost of the fi
facilities, vehicles and equipment or portions thereof attributable to tl
development on which the fees are imposed as set forth in the provisions of tl
article including, but not limited to, Section 3-270 and chapter 2 and chapter 4
the Butte County Public Facilities Fee Nexus Study 2012 Update, dated Octob
5, 2012.
3-268 -Definitions.
Unless the contrary is stated or clearly appears from the context, the folio
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:
(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 headgti
single tenant, office parks, research and development centers, and bi
parks.
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(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 cet
and all education facilities including preschools, private schools
colleges. Excludes public uses.
(5) Low Intensity shall mean all uses not included in other rate
including mini and seasonal storage facilities, outdoor recreation, <
arenas, amusement parks, mining, seasonal agricultural uses and
facilities.
(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 bi
(comprised of two or more units), and manufactured homes/mobile
but excluding group quarters such as dormitories, nursing
correctional facilities, etc.
(d) North Chico Specific Plan shall mean the North Chico Specific Plan,
adopted on March 28, 1995, together with any amendments or additions m.
thereto.
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(e) North Chico Specific Plan Area shall mean the unincorporated area of t
County of Butte described approximately as that area north of Eaton Road, east
Highway 99, south of Keefer Road and west of the Chico Municipal Airport a
more particularly depicted in Figure 3-1 of the North Chico Specific Plan.
3-269 -Imposition of fire facilities and vehicles fees.
Fire facilities and vehicles development impact fees shall be authorized and
upon any owner of real property located in the unincorporated area of Butte CoL
excluding real property located in the North Chico Specific Plan Area and the El M
Fire Protection District, adding or expanding one (1) or more residential or nonreside
units to such property, or the change in use of a nonresidential building or mobile h
on the property to a residential use, or the change in use of a residential building to
use other than residential.
3-270 -Amount of fire facilities and vehicles fees.
The amount of development impact fees for fire facilities and vehicles 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.
3-271 -Periodic adjustment to fire facilities and vehicles fees.
From time to time, county staff may submit documentation substantiating
there has been an increase in the cost of acquiring, developing, or improving
facilities, vehicles and equipment within the unincorporated area of Butte County
requesting an increase in the fire facilities and vehicles fees authorized and le
pursuant to the provisions of this article. The board of supervisors may increase the
in an amount proportional to the increase in such costs. The determination of whe
there has been an increase in the cost of acquiring, developing or improving such
facilities, vehicles and equipment, and the amount of the increase in the fire facilities
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vehicles fees which is proportional to the increase in such costs shall be made by
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 intern
between the date of such increase and the effective date of the ordinance codified in t
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.
3-272 -Credit for fire facilities and vehicles fees previously paid.
Where fire facilities and vehicles 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.
3-273 -Exemptions from fire facilities and vehicles fees.
Notwithstanding any provisions of this article to the contrary, fire facilities a
vehicles fees shall not be authorized and levied upon an owner of real property located
the unincorporated area of Butte County adding or expanding one (1) or more structm
to such property or converting the use thereof to a more intensive use under the followi
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 b.
reconstructed following damage or destruction by fire or other casualty, or
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voluntary demolition thereof, provided that the number of structures or the size
such reconstructed structure is no greater than the number of structures or the si
of the structure prior to such damage, destruction or demolition.
(c) Where the structure is located within the North Chico Specific Plan Area
a separate fee is charged pursuant to Butte County Code section 3-164.
(d) Where the structure is located within the El Medio Fire Protection District.
(e) 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
XVLS.
(f) Where the structure is a temporary mobile home as described in Butte
Code section 24-174(F).
3-274 - Waiver of fire facilities and vehicles fees
Pursuant to Butte County Code Section 1-18, the board of supervisors may waiv
all or part of the fees as permitted by law, if the applicant is a public entity or nonprof
charitable organization or if the board of supervisors finds that it is otherwise in th
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 authori
and levied pursuant to the provisions of this article, the amount of any waiver of 1
shall require a corresponding transfer of the waived fee amount from the County's gen
fund to the appropriate development impact fee account.
3-275 -Facility construction or improvements by agreement.
When, as a condition of approval of a development project: 1) construction
fire facilities or facilities improvements are required as part of the approval process
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the project; and 2) those requirements have been imposed upon the developer t
recorded in a development agreement with the County; and 3) the value of those facilil
and/or improvements exceeds the fire facilities and vehicles development impact fees t
would have been levied on the subject properties, development impact fees will not
imposed or collected on the subject properties. This action constitutes an in-lieu paym
of fees and does not constitute an exception or waiver of the required fees.
3-276 -Payment of fire facilities and vehicles fees.
(a) Time of Payment. The fire facilities and vehicles 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 oci
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.
3-277 -Deposit of fire facilities and vehicles fee revenues in fire facilities and vehicles
fund.
All revenues from fire facilities and vehicles fees authorized and levied
to the provisions of this article, other than an authorized administrative fee, shall, w
received by the County of Butte, be deposited into a separate fire facilities and vehic
account thereafter appropriated and used only for the acquisition, development
improvement of fire facilities, vehicles and equipment in the manner hereinafter provi~
by this article. An administrative fee shall be deposited into a separate impact
administration account.
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3-278 -Appropriation of fire facilities and vehicles fee revenues for the acquisition and
development of fire facilities and vehicles.
All revenues from fire facilities and vehicles fees authorized and levied
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 Butte County Capital Improvement Progrt
approved by the board of supervisors, and only for the acquisition, development
improvement of fire facilities, vehicles and equipment made necessary by the increases
population, housing units and jobs.
3-279 -Report regarding disposition of fire facilities and vehicles 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 st
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 y~
following the first receipt of any revenues from fire facilities and vehicles f.
authorized and levied pursuant to the provisions of this article, and every five
years thereafter, the board of supervisors, following receipt of the ch
administrative officer's report, shall make the required findings with respect
any unexpended fire facilities and vehicles fee revenues in the fire facilities <
vehicles account as set forth in Government Code Section 66001(d). In the ev
that the fire facilities and vehicles fee revenues are found not to have b~
diligently expended, the board of supervisors may take one (1) of the
actions:
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(1) Order the expending of all or any part of such unexpended
facilities and vehicles fee revenues for the acquisition, development
improvement of fire facilities and vehicles in the manner
provided by this article;
(2) Make a finding with respect to all or any part of such unexpended
facilities and vehicles fee revenues which identifies the purpose to wk
the revenues are to be put, and which demonstrates a reason
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 fire facilit
and vehicles fee revenues, together with any interest accrued thereon,
the current owner of any property for which fees were paid; provide
however, that if the administrative costs of refunding fire facilities a
vehicles 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 fire facilities
vehicles fees were paid.
3-280 -Other fire facilities and vehicles requirements.
The provisions of this article shall not relieve the owner of any real pro
located within the unincorporated area of Butte County from the obligation of comp
with any requirements that are imposed pursuant to other provisions of this code,
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law or federal law at the time of approval of a subdivision map, parcel map, buildi~
permit or other land use entitlement regarding the funding of fire facilities and vehicles.
j 3-281- 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 eff
without the invalid provision or application thereof.
~ 3-282 -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
expiration of fifteen (15) days after its passage. This ordinance shall be published once, with
names of the members of the Board of Supervisors voting for and against it, in the Cl
Enterprise Record, a newspaper of general circulation in the County of Butte, State of Califon
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 ._,_, , ,, i~ o.
BILL CONNELLY, CH.OIIR
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief Afdministrative Officer ~id
Clerk of~e o~r~rof~Supervisors
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By:
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