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Ordinance No. 4065
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XIX TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR
GENERAL GOVERNMENT FACILITIES-COUNTYWIDE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XIX is repealed and replaced to read as follows:
3-190 -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 a
the Government Code for the purpose of authorizing and levying development impac
fees for general government facilities upon the owners of real property located in the
unincorporated and incorporated areas of Butte County, adding or expanding one (1) o
more residential or nonresidential units to such property, in an amount sufficient to defra}
the cost of acquiring, developing or improving general government facilities made
necessary to serve the additional facilities needs arising from an increase or change in the
use of such property. As used in this ordinance, general government facilities suppor
services provided by the following department or divisions: Administration, Assessor
Auditor-Controller, Board of Supervisors, Clerk-Recorder, Communications, Count}
Counsel, Elections, General Services, Geographic Information Systems, Humar
Resources, Information Systems, Office of Emergency Management, Treasurer-Tar
Collector, and Water and Resource Conservation.
3-191 -Findings.
The board of supervisors makes the following findings and detennina
required by Government Code Section 66001 in regard to the development impact
authorized and levied pursuant to the provisions of this article:
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(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) y
period, from 2012 to 2035. It projects that population will increase by forty-th
(43) percent, housing units will increase by forty-two (42) percent, and jobs
increase by fifty-seven (57) percent. As result, there will be new residential
nonresidential development occurring within Butte County that will create a ne
for the acquisition, development or improvement of general government faciliti
Over time, existing general government facilities will become insufficient
number, size and location to meet the needs of new residential or nonresident
development. Based on the Butte County Public Facilities Fee Nexus Study 20
Update, dated October 5, 2012, new residential or nonresidential developmf
occurring within Butte County will create the need for an additional twenty-fi
thousand (25,000) square feet of space of general government facilities in t
unincorporated and incorporated areas of Butte County to serve new developme
through the planning horizon of 2035.
(b) Use of Revenues From Fees to Meet General Government Facilities N
All revenues from the development impact fees authorized and levied on
residential or nonresidential development pursuant to the provisions of this a
will be used for the acquisition, development or improvement of ge
government facilities and equipment within the unincorporated and incorporat
area of Butte County, which will meet the need for such facilities and equipme
caused by such new residential or nonresidential development. In accordan
with the provisions of this article, all such revenues must be deposited into
general government facilities account and thereafter appropriated by the board
supervisors for the acquisition, development or improvement of gene
government facilities and equipment, of benefit to the persons owning, or residi~
and working in the structures upon which the fees are imposed. Gene
government facilities will include office, maintenance and storage space, as w~
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as the land necessary to expand these facilities. General government
projects would be needed to support future growth, including reconl
existing space and the construction of new facilities. These projects will
improving, expanding, relocating, demolishing, renovating or rehab.
general government facilities.
(c) Fees Do Not Exceed Level Necessary to Meet Need. The develc
impact fees authorized and levied on new residential or nonresi
development, pursuant to the provisions of this article, will not exceed that
is necessary to fund the general government facilities attributable to the ~
residential or nonresidential development upon which such fees are imposed.
particular, the development impact fees authorized and levied on new resider
or nomesidential development will be equal to that necessary to fund
additional twenty-five thousand (25,000) square feet of general governn
facilities made necessary by the increase in population, housing units and j
that will eventually occur in Butte 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 o~
equitable way for new development to contribute to maintaining existing levels
SerVlee.
(e) Purpose of Fees. The purpose of the fees authorized and levied by this arl
is to defray the cost of acquisition, development or improvements of gen
government facilities within the unincorporated and incorporated area of B
County made necessary by the increases in population, housing units and jobs.
(f) General Government Facilities Identified. The facilities that will be finan
wholly or in part by the fees include, but are not limited to, those types
facilities, facilities improvements and associated furniture, fixtures and equipm
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identified in the Butte County Public Facilities Fee Nexus Study 2012 UI
dated October 5, 2012 and/or those facilities, facilities improvements
associated furniture, fixtures and equipment identified in the capital improve
plan approved by the board of supervisors entitled the Butte County Capi
Improvement Program, and those facilities, facilities improvements a
associated furniture, fixtures 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, Sections 3-193, 3-194 and 3-200.
(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the general government faciliti
and the type of development project on which the fees are imposed as set forth
the provisions of this article, including, but not limited to, Sections 3-193 and
194.
(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 gene
government facilities or portions thereof attributable to the development on wl
the fees are imposed as set forth in the provisions of this article, including, but
limited to, Section 3-194, and chapter 2 and chapter 5 of the Butte County Pu
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.
3-192 -Definitions.
Unless the contrary is stated or clearly appears from the context, the following
definitions shall govern the construction of the words and phrases used in this article:
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(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 headqu
single tenant, office parks, research and development centers, and bi
parks.
(3) Industrial shall mean all industrial uses including manufai
woodworking, light and heavy industrial, automotive and aircraft
industrial parks, and all warehousing and distribution uses ins
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 cer
and all education facilities including preschools, private schools
colleges. Excludes public uses.
(5) Low Intensity shall mean all uses not included in other cate
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 bi
(comprised of two or more units), and manufactured homes/mobile
but excluding group quarters such as dormitories, nursing
correctional facilities, etc.
3-193 -Imposition of general government facilities fees.
General government facilities development impact fees shall be authorized
levied upon any owner of real property located in the unincorporated and incorpon
area of Butte County, with the fee to be collected in the incorporated area by e
respective municipality through an agreement with Butte County, adding or expanc
one (1) or more residential or nonresidential units to such property, or the change in
of a nonresidential building or mobile home on the property to a residential use, or
change in use of a residential building to any use other than residential.
3-194 -Amount of general government facilities fees.
The amount of development impact fees for general government facili
authorized and levied pursuant to the provisions of this article shall be as specified in
Impact Fee 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.
3-195 -Periodic adjustment to general government 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 genera
government facilities within the unincorporated and incorporated area of Butte County
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and requesting an increase in the general government facilities fees authorized and lev
pursuant to the provisions of this article. The board of supervisors may increase the fi
in an amount proportional to the increase in such costs. The determination of whet
there has been an increase in the cost of acquiring, developing or improving such gene
government facilities and the amount of the increase in the general government facilit
fees which is proportional to the increase in such costs shall be made by the board
supervisors based on the following:
The net percentage increase in the Engineering News Record Construction C
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 inters
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.
3-196 -Credit for general government facilities fees previously paid.
Where general govemment facilities fees have previously been paid in whole or
part as to the real property upon which the structures are to be added or expanded, t
owner of said real property shall be entitled to a credit or partial credit for the amol
paid against the fees owing pursuant to this article. Such fees may previously have be
paid to another jurisdiction or to Butte County where such fees have been paid fora r
that is being converted to a different or more intensive use.
3-197 -Exemptions from general government facilities fees.
Notwithstanding any provisions of this article to the contrary, general
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)
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more structures to such property or converting the use thereof to a more intensive
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
voluntary demolition thereof, provided that the number of structures or 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, Art
XVI.S.
(d) Where the structure is a temporary mobile home as described in Butte
Code Section 24-174(F).
3-198 -Waiver of general government 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 nonp~
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 author
and levied pursuant to the provisions of this article, the amount of any waiver of
shall require a corresponding transfer of the waived fee amount from the County's
fund to the appropriate development impact fee account.
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3-199 -Facility or improvement construction by agreement.
When, as a condition of approval of a development project: 1) construction
general government facilities or facilities improvements are required as part of
approval process for the project; and 2) those requirements have been imposed upon
developer and recorded in a development agreement with the County; and 3) the value
those facilities and/or improvements exceeds the general government facilii
development impact fees that would have been levied on the subject propert:
development impact fees will not be imposed or collected on the subject properties. T
action constitutes an in-lieu payment of fees and does not constitute an exception
waiver of the required fees.
3-200 -Payment of general government facilities fees.
(a) Time of Payment. The general government facilities fees authorized a
levied pursuant to the provisions of this article shall be levied and become due
the time of request for final inspection or certificate of occupancy,
occurs first.
(b) Place of Payment. Fees levied pursuant to the provisions of this article s
be paid to the County of Butte, Department of Development Services, in
amount specified in the most recent Impact Fee Resolution adopted by the be
of supervisors at the time of levy.
3-201 -Deposit of general government facilities fee revenues in general
facilities account.
All revenues from the general government facilities fees authorized and
pursuant to the provisions of this article, less an authorized administrative fee,
when received by the County of Butte, be deposited into a separate general governor
facilities account thereafter appropriated and used only for the acquisition, developm
or improvement of general government facilities in the manner hereinafter provided
this article. An authorized administrative fee shall be deposited into a separate impact
administration account.
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3-202 -Appropriation of general government facilities fee revenues for the
development or improvement of general government facilities.
All revenues from the general government facilities fees authorized and le
pursuant to the provisions of this article and received by the County of Butte
deposited into a separate fund pursuant to this article, shall be appropriated by the b
of supervisors in a manner consistent with the Butte County Public Facilities Fee N
Study 2012 Update, dated October 5, 2012, and the Butte County Capital Improve
Program approved by the board of supervisors and only for the acquisition, develop
or improvement of those general government facilities made necessary by anticil
increases in population, housing units and jobs.
3-203 -Report regarding disposition of general government facilities fee revenues;
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 shall provide to
board of supervisors a report regarding each separate account or fund establis:
pursuant to this article, and the board shall then review the report, in compliance with
requirements of Government Code Section 66006(b).
(b) Action by the board of supervisors. Commencing with the fifth fiscal
following the first receipt of any revenues from general government facilities
authorized and levied pursuant to the provisions of this article, and every five (5)
thereafter, the board of supervisors, following receipt of the Butte County cl
administrative officer's report, shall make the required findings with respect to
unexpended general government facilities fee revenues in the general governn
facilities account as set forth in Government Code Section 66001(d). In the event that
general government facilities fee revenues are found not to have been dilige:
expended, the board of supervisors may take one of the following actions:
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(1) Order the expending of all or any part of such unexpended gen
government facilities fee revenues for the acquisition, development
improvement of general government facilities in the manner herein be
provided by this article;
(2) Make a finding with respect to all or any part of such unexpended ger
government facilities fee revenues which identifies the purpose to which
revenues are to be put and which demonstrates a reasonable relationship bete
the fees from which the revenues are derived and the purpose for which
revenues are derived, and the purpose for which the revenues are derived and
purpose for which they were charged; or
(3) Order the refund of all or any part of such unexpended general governrnf
facilities fee revenues, together with any interest accmed thereon, to the curd
owner of any property for which fees were paid; provided, however, that if 1
administrative costs of refunding such general government facilities fee revem
exceed the amount to be refunded, the board of supervisors, after considering i
matter at a public hearing, notice of which is given in the manner provided for
Government Code Section 66001(f), may order the expending of such revem
for any other facilities or improvement for which development fees are charged
otherwise imposed pursuant to this code and which the board of supervise
determines will benefit the properties for which the general government facilit
fees were paid.
3-204 -Other general government facilities requirements.
The provisions of this article shall not relieve the owner of any real prof
located within the county, both the incorporated and unincorporated areas, from
obligation of complying with any requirements that are imposed pursuant to c
provisions of this code, state law or federal law at the time of approval of a subdivi
map, parcel map, building permit or other land use entitlement regarding the funding
general government facilities.
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3-205 - 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 efl
without the invalid provision or application thereof.
3-206 -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 fifreen (15) days afer 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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By:
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BILL CONNELLY, CI~AIR
Butte County Board of Supervisors
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