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Ordinance No. 4066
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XX TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR GENERAL
GOVERNMENT FACILITIES-UNINCORPORATED AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XX is repealed and replaced to read as follows:
3-209 -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 impact
fees for general government facilities upon the owners of real property located in the
unincorporated areas of Butte County, adding or expanding one (1) or more residential or
nonresidential units to such property, in an amount sufficient to defray the cost of
constructing 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 support services provided by the
following departments or divisions: Agricultural Commissioner, Development Services
Farm Advisor and Public Works (excluding transportation facilities).
3-210 -Findings.
The board of supervisors makes the following findings and determine
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 Pub
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, proje~
increases in population, housing units and jobs over atwenty-three (23) yf
period, from 2012 to 2035. It projects that population will increase by forty-thy
(43) percent, housing units will increase by forty-two (42) percent, and jobs v
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increase by fifty-seven (57) percent. As a result, there will be new residential
nonresidential development occurring within the unincorporated area of Bu
County that will create a need for the acquisition, development or improvement
general government facilities. Over time, existing general government facilit
will become insufficient in number to meet the needs of new residential
nonresidential development. Based on the Butte County Public Facilities
Nexus Study 2012 Update, dated October 5, 2012, new residential
nonresidential development will create the need for an additional twenty-e
thousand (28,000) square feet of general government facilities that primarily
the unincorporated area to serve new development through the planning h~
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 arti
will be used for the acquisition, development or improvement of gene
government facilities, vehicles and equipment which will meet the need for si
facilities, vehicles and equipment caused by such new residential
nomesidential development. In accordance with the provisions of this article,
such revenues must be deposited into a general government facilities account
thereafter appropriated by the board of supervisors for the acquisil
development or improvement of general government facilities, vehicles
equipment, of benefit to the persons owning, or residing and working in
structures upon which the fees are imposed. The development impact fees
address facilities, vehicles and equipment used in performing general governn
functions, including heavy equipment in Public Works. This would include
items as flatbed trailers, pick-ups, sedans, sprayers, SUV's, vans, utility tru
dump trucks, backhoes, tractors, mowers, rollers, carpet cleaners, paint shal
weight trucks, graders, front end loaders, cranes, cement mixers, snow plc
trailers, welders and other similar vehicles and equipment. This will also inc
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vehicles and equipment for the landfill such as trash compactors, articulated d
trucks, crawler tractors, water tractors, etc. Equipment will include firearms
magazines, body armor and vests, holsters, wallet badges and holders, hands
and cases, flashlights and chargers, voice recorders, defense spray and hole
rain gear, radios/microphones/chargers, flashlights, hats and computers.
(c) Fees Do Not Exceed Level Necessary to Meet Need. The develop
impact fees authorized and levied on new residential or nonresidc
development pursuant to the provisions of this article will not exceed that v
is necessary to fund the general government facilities, vehicles and equip
attributable to the new residential or nonresidential development upon which
fees are imposed. In particular, the development impact fees authorized
levied on new residential or nonresidential development will be equal to
necessary to fund additional general government facilities, vehicles
equipment for the increase in population, housing units and jobs that
eventually occur in Butte County by the year 2035.
(d) Appropriateness of Development Impact Fees. Due to the projected increa
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 arti
is to defray the cost of acquisition, development or improvement of those gene
government facilities, vehicles and equipment within the unincorporated area
Butte County made necessary by the anticipated increases in population, housi
units and jobs.
(f) General Government Facilities Identified. The general government facili~
that will be financed wholly or in part by the fees include, but are not limited
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those types of facilities, facilities improvements, vehicles and ec
identified in the Butte County Public Facilities Fee Nexus Study 2012
dated October 5, 2012, and/or those facilities, facilities improvements,
and equipment identified in the capital improvement plan approved by the be
of supervisors entitled the Butte County Capital Improvement Program,
facilities, facilities improvements, vehicles and equipment made necessary by
increases in 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 3-212, 3-213 and 3-219.
(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 3-212 and
213.
(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 whi
the fees are imposed as set forth in the provisions of this article including, but n
limited to, Section 3-213, and chapter 2 and chapter 5 of the Butte County Pub]
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.
3-211- Definitions.
Unless the contrary is stated or clearly appears from the context, the following
shall govern the construction of the words and phrases used in this article:
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2s
(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 bt
parks.
(3) Industrial shall mean all industrial uses including manufacturing
woodworking, light and heavy industrial, automotive and aircraft repair
industrial parks, and all warehousing and distribution uses includin€
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 Intensitv 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.
3-212 -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 area of B
County adding or expanding one (1) or more residential or nonresidential units to
property, or the change of any use of a nonresidential building or mobile home on
property to a residential use, or the change in use of a residential building to any use o
than residential.
3-213 -Amount of general government facilities fees.
The amount of development impact fees for general government facilities for
unincorporated area of the County authorized and levied pursuant to the provisions of 1
article shall be as specified in the Impact Fee Resolution adopted by the board
supervrsors.
The Butte County Public Facilities Fee Nexus Study 2012 Update, dated
5, 2012, shall be referenced for general calculation of the levied fees.
~ 3-214 -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 gee
government facilities, vehicles and equipment within the unincorporated area of I
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County, and requesting an increase in the general government facilities fees author.
and levied pursuant to the provisions of this article. The board of supervisors i
increase the fees in an amount proportional to the increase in such costs.
determination of whether there has been an increase in the cost of acquiring, develol
or improving such general government facilities and the amount of the increase in
general government facilities fees which is proportional to the increase in such costs s
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.
3-215 -Credit for general government facilities fees previously paid.
Where general government 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 i
the amount paid against the fees owing pursuant to this article. Such fees may previc
have been paid to another jurisdiction or to Butte County where such fees have been
for a use that is being converted to a different or more intensive use.
3-216 -Exemptions from general government facilities fees.
Notwithstanding any provisions of this article to the contrary, general governma
facilities 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
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to such property, or converting the use thereof to a more intensive use under
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 be
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 the s
of 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 24-295.
3-217 -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 authori
and levied pursuant to the provisions of this article, the amount of any waiver of i
shall require a corresponding transfer of the waived fee amount from the County's gem
fund to the appropriate development impact fee account.
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3-218 -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 1
developer and recorded in a development agreement with the County; and 3) the value
those facilities and/or improvements exceeds the general government facilit
development impact fees that would have been levied on the subject properti
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.
3-219 -Payment of general government facilities fees.
(a) Time of Payment. The general government facilities fees authorized
levied pursuant to the provisions of this article shall be levied and become due at the
of request for final inspection or certificate of occupancy, whichever occurs 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 the an
specified in the most recent Impact Fee Resolution adopted by the board of supervisors
the time of levy.
3-220 -Deposit of general government facilities fee revenues in general government
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 govex
facilities account thereafter appropriated and used only for the acquisition, develo
or improvement of general government facilities, vehicles and equipment in the n
hereinafter provided by this article. An authorized administrative fee shall be del
into a separate impact fee administration account.
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3-221 -Appropriation of general government facilities fee revenues for the acquisition,
development or improvement of general government facilities.
All revenues from the general government facilities fee authorized and le'
pursuant to the provisions of this article and received by the County of Butte
deposited into a separate account pursuant to this article, shall be appropriated by
board of supervisors in a manner consistent with the Butte County Public Facilities
Nexus Study 2012 Update, dated October 5, 2012, and the Butte County Cal
Improvement Program approved by the board of supervisors, and only for the acquis
development or improvement of those types of general government facilities, vel
and equipment made necessary by the increase in population, housing units and jobs.
3-222 -Report regarding disposition of general government 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 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 y
following the first receipt of any revenues from general government facilities i
authorized and levied pursuant to the provisions of this article, and every five (5) ye
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 governrr
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 gee
government facilities fee revenues for the purchase of general governs
facilities, vehicles or equipment in the manner hereinbefore provided by
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 bety
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 governme
facilities fee revenues, together with any interest accrued thereon, to the curre
owner of any property for which fees were paid; provided, however, that if t
administrative costs of refunding such general government facilities fee revem
exceed the amount to be refunded, the board of supervisors, after considering t
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 reventi
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 vehii
and equipment fees were paid.
3-223 -Other general government facilities requirements.
The provisions of this article shall not relieve the owner of any real
located withirrthe unincorporated area of Butte County, from the obligation of comf
with any requirements that are imposed pursuant to other provisions of this code,
law or federal law at the time of approval of a subdivision map, parcel map, bu
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permit or other land use entitlement regarding the funding of general
facilities.
3-224 - 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 efi
without the invalid provision or application thereof.
3-225 -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`s 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;
BILL CONNELLY, CH fjlIR
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief
Clerk ofzle B~
I By:
C
Officer
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