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Ordinance No. 4067
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XXV TO
CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR
HEALTH AND SOCIAL SERVICES 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 impac~
fees for health and social services facilities upon the owners of real property located it
the unincorporated and incorporated areas of Butte County, adding or expanding one (1;
or more residential units to such property, in an amount sufficient to defray the cost o:
constructing or improving health and social services facilities necessary to serve the
additional facilities needs arising from an increase or change in the use of such property
As used in this ordinance, health and social services facilities support services associates
with the Behavioral Health, Child Support Services, Employment and Social
and Public Health departments.
Section 2. 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 Pu
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, proj~
increases in population, housing units and jobs over atwenty-three (23) }
period, from 2012 to 2035. It projects that populations will increase by fo
three (43) percent, housing units will increase by forty-two (42) percent, and j
will increase by fifty-seven (57) percent. As a result, there will be new resider
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development occurring within Butte County that will create a need for t
acquisition and development of additional health and social services faciliti~
Over time, existing health and social services facilities will become insufficient
number, size and location to meet the needs of new residential developme
Based on the Butte County Public Facilities Fees Nexus Study 2012 Upda
dated October 5, 2012, new residential development occurring within Bu
County will create the need to expand health and social services facilities by fi
thousand (5,000) square feet to serve new development through the planni
horizon of 2035.
(b) Use of Revenues From Fees to Meet Health and Social Services Facilii
Needs. All revenues from the development impact fees authorized and levied
new residential development pursuant to the provisions of this article will be u
for the acquisition, development or improvement of health and social servi
facilities within the unincorporated and incorporated area of Butte County, wh
will meet the need for such facilities caused by such new residential developma
In accordance with the provisions of this article, all such revenues must
deposited into a health and social services facility account and therea
appropriated by the board of supervisors for the acquisition, development
improvement of health and social services facilities of benefit to the pers~
owning the structures upon which the fees are imposed. Health and so.
services facilities will include the capital cost of expanding Behavioral Hea
Child Support Services, Employment and Social Services and Public Hea
facilities, including the design, engineering, construction, land acquisition co
furniture, fixtures and equipment for the expanding facilities.
(c) Fees Do Not Exceed Level Necessary to Meet Need. The developn
impact fees authorized and levied on new residential development pursuant to
provisions of this article will not exceed that which is necessary to fund the he
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and social services facilities attributable to the new residential development i
which such fees are imposed. In particular, the development impact
authorized and levied on new residential development will be equal to
necessary to fund an additional five thousand (5,000) square feet of health
social services facilities and related furniture, fixtures and equipment r
necessary by the increases 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 inc
in population, development impact fees are the only equitable way for
development to contribute to maintaining existing levels of 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 to those hez
and social services facilities within the unincorporated and incorporated area
Butte County made necessary by the anticipated increases in population, hous
units and jobs.
(f) Health and Social Services Facilities Identified. The facilities that will
financed wholly or in part by the fees include, but are not limited to, those tyf
of facilities, facilities improvements and related furniture, fixtures and equipme
identified in the Butte County Public Facilities Fee Nexus Study 2012 Upda
dated October 5, 2012 and/or those facilities, facilities improvements, and relat
furniture, fixtures and equipment indentified in the capital improvement p]
approved by the board of supervisors entitled the Butte County Capi
Improvement Program, and the facilities, facilities improvements and relal
furniture, fixtures and equipment made necessary by the anticipated increases
population, housing units and jobs.
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(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 i
a reasonable relationship between the need for health and social services facilitie
and the type of development project on which the fees are imposed as set forth i
the provisions of this article, including, but not limited to, Section 4 and Sectio
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 the heal
and social services 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 6 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 following
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,
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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 manufac
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 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, c
arenas, amusement parks, mining, seasonal agricultural uses and
facilities.
(c) Residential Units shall mean the following:
(1) Sinele Family which includes detached single family units, attar
single family units, factory-built homes, and second units, but does
include guest houses.
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(2) Multi-family which includes units in multi-family bs
(comprised of two or more units), and manufactured homes/mobile
but excluding group quarters such as dormitories, nursing
correctional facilities, etc.
Section 4. Imposition of health and social services facilities fees.
Health and social services facilities development impact fees shall be authorizes
and levied upon any owner of real property located in the unincorporated ans
incorporated area of Butte County, with the fee to be collected in the incorporated area b~
each respective municipality through an agreement with Butte County, adding o
expanding one (1) or more residential units to such property, or the change in use of ;
nonresidential building or mobile home on the property to a residential use, or the change
in use of a residential building to any use other than residential.
Section 5. Amount of health and social services facilities fees.
The amount of development impact fees for health and social services facili
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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.
Section 6. Periodic adjustment to health and social services facilities fees.
From time to time, the county staff may submit documentation substantiating t
there has been an increase in the cost of acquiring, developing or improving health
social services facilities and equipment within the unincorporated and incorporated a
of Butte County, and requesting an increase in the health and social services facilis
fees authorized and levied pursuant to the provisions of this article. The board
supervisors may increase the fees in an amount proportional to the increase in such co
The determination of whether there has been an increase in the cost of acquiri
developing or improving such health and social services facilities and equipment and
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amount of the increase in the health and social services facilities fees which
proportional to the increase in such costs shall be made by the board of supervisors ba
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 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 time
of existing fee) x existing fee =new fee.
Section 7. Credit for health and social services facilities fees previously paid.
Where health and social services facilities fees have previously been paid
whole or in part as to the real property upon which the structures are to be added,
owner of said real property shall be entitled to a credit or partial credit for the amo
paid against the fees owing pursuant to this article. Such fees may previously have b~
paid to another jurisdiction or to Butte County where such fees have been paid for a
that is being converted to a different or more intensive use.
Section 8. Exemption from health and social services facilities fees.
Notwithstanding any provisions of this article to the contrary, health and
services facilities fees shall not be authorized and levied upon an owner of real p~
located in the unincorporated or incorporated area of Butte County adding or expo
one (1) or more structures to such property or converting the use thereof to a
intensive use under the following circumstances:
(a) Where the structure is owned by a governmental agency.
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(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 t
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 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.
(d) Where the structure is a temporary mobile home as described in Butte
Code Section 24-174(F).
Section 9 -Waiver of health and social services 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 gen.
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
health and social services 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 health and social services facilit
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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.
Section 11. Payment of health and social services 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, whiche~
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
amount specified in the most recent Impact Fee Resolution adopted by the bi
of supervisors at the time of levy.
Section 12. Deposit of health and social services facilities fee revenues in health and
services facilities account.
All revenues from the health and social services facilities fees authorized
levied pursuant to the provisions of this article, less an authorized administration i
shall, when received by the County of Butte, be deposited into a separate health
social services facilities account thereafter appropriated and used only for the acquisiti
development or improvement of health and social services facilities, furniture, fixtu
and equipment in the manner hereinafter provided by this article. An authori:
administrative fee shall be deposited into a separate impact fee administration account.
Section 13. Appropriation of health and social services facilities fee revenues for the
acquisition, development or improvement of health and social services facilities.
All revenues from the health and social services facilities fee authorized
levied pursuant to the provisions of this article and received by the County of Butte
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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 acquisit
development or improvement of those health and social services facilities, furnit
fixtures and equipment made necessary by increases in population, housing units
SOUS.
Section 14. Report regarding disposition of health and social services 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 sI
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 health and social servi
facilities fees authorized and levied pursuant to the provisions of this article,
every five (5) years thereafter, the board of supervisors, following receipt of
chief administrative officer's report, shall make the required findings with resl
to any unexpended health and social services facilities fee revenues in the he
and social services facilities account as set forth in Government Code Sec
66001(d). In the event that the health and social services facilities fee rever
are found not to have been diligently expended, the board of supervisors may t
one of the following actions:
(1) Order the expending of all or any part of such unexpended health a
social services facilities fee revenues for the acquisition, development
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improvement of health and social services facilities in the
hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexpendE
health and social services facilities fee revenues which identifies t]
purpose to which the revenues are to be put, and which demonstrates
reasonable relationship between the fees from which the revenues a
derived and the purpose for which the revenues are derived, and tl
purpose for which the revenues are derived and the purpose for which the
were charged; or
(3) Order the refund of all or any part of such unexpended health
social services facilities fee revenues, together with any interest accn
thereon, to the current owner of any property for which fees were pa
provided, however, that if the administrative costs of refunding si
health and social services facilities fee revenues exceed the amount to
refunded, the board of supervisors, after considering the matter at a pu
hearing, notice of which is given in the manner provided for
Government Code Section 66001(f), may order the expending of s
revenues for any other facility or improvement for which developn
fees are charged or otherwise imposed pursuant to this Code and which
board of supervisors determines will benefit the properties for which
health and social services facilities fees were paid.
Section 15. Other health and social services facilities requirements.
The provisions of this article shall not relieve the owner of any real prop
located within the county, both the incorporated and unincorporated areas, from
obligation of complying with any requirements that are imposed pursuant to
provisions of this code, state law or federal law at the time of approval of a subdi
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map, parcel map, building permit or other land use entitlement regarding the funding
health and social services 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 efl
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. 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 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
State of California on the 8`h day of October 2013, by the following vote:
AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly
NOES: None
ABSENT: None
NOT VOTING: None ~ „ ~
BILL CONNELLY, CHA
Butte County Board of Supervisors
ATTRCT•
Pal
By
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