HomeMy WebLinkAbout40691
2
3
4
s
6
8
9
io
li
12
13
14
is
16
1~
is
19
20
2i
zz
23
24
25
26
27
28
Ordinance No. 4069
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XXI TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR SHERIFF FACILITIES, VEHICLES AND
EQUIPMENT-UNINCORPORATED AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XXI is repealed and replaced to read as follows:
3-228 -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 o
the Government Code for the purpose of authorizing and levying development impac
fees for sheriff facilities, vehicles and equipment upon the owners of real property locate
in the unincorporated area of Butte County, adding or expanding one (1) or mor
residential or nonresidential units to such property, in an amount sufficient to defray th
cost of acquiring, developing or improving sheriff facilities, vehicles and equipmen
made necessary to serve the additional facilities, vehicles and equipment needs arisin
from an increase or change in the use of such property.
3-229 -Findings.
The board of supervisors makes the following findings and
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 PL
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, prof
increases in population, housing units and jobs over atwenty-three (23)
period from 2012 to 2035. It projects that population will increase by fr
three (43) percent, housing units will increase by forty-two (42) percent,
jobs will increase by fifty-seven (57) percent. As a result, there will be
Page I
1
z
3
4
s
6
8
9
to
11
12
13
14
15
16
17
18
19
20
21
2z
23
29
25
26
27
28
residential or nonresidential development occurring within Butte County tha
will create a need for the acquisition, development or improvement o
additional sheriff facilities, vehicles and equipment. Over time, existing
sheriff facilities, vehicles and equipment will become insufficient in number
size and location to meet the needs of new residential or nonresider
development. Based on the Butte County Public Facilities Fee Nexus St
2012 Update, dated October 5, 2012, new residential or nonresider
development occurring within Butte County will create the need for
additional thirty-seven thousand (37,000) square feet of space for she
facilities, as well as additional vehicles and equipment to serve ~
development through the planning horizon of 2035.
(b) Use of Revenues From Fees to Meet Sheriff Facilities, Vehicles
Equipment Needs. All revenues from the development impact fees authori.
and levied on new residential or nonresidential development pursuant to
provisions of this article will be used for the acquisition, development
improvement of additional sheriff facilities, vehicles and equipment within
unincorporated area of Butte County, which will meet the need for s~
facilities, vehicles and equipment caused by such new residential
nonresidential development. In accordance with the provisions of this arti
all such revenues must be deposited into a sheriff facilities, vehicles
equipment account and thereafter appropriated by the board of supervisors
the acquisition, development or improvement of sheriff facilities, vehicles
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
which is necessary to fund the sheriff facilities, vehicles and equip:
Page I
1
z
3
4
5
6
8
9
io
11
iz
13
14
i5
16
1~
18
19
zo
21
22
23
29
25
26
27
28
attributable to the new residential or nonresidential development upon whi
such fees are imposed. In particular, the development impact fees authori~
and levied on new residential or nonresidential development will be equal
that necessary to fund an additional thirty-seven thousand (37,000) square fi
of space for sheriff facilities, as well as additional vehicles and equipme
made necessary by the anticipated increases in population, housing units a
jobs.
(d) Appropriateness of Development Impact Fees. Due to the projected inc
in population, housing units and jobs, development impact fees are the
equitable way for new development to contribute to maintaining ex
levels of service.
(e) Purpose of Fees. The purpose of the fees authorized and levied by this
is to defray the cost of improvements to, or acquisitions of, those
facilities, vehicles and equipment within the unincorporated area of
County made necessary by the anticipated increases in population, hi
units and jobs.
(f) Sheriffs Facilities, Vehicles and Equipment Identified. The facilities, vehi
and equipment that will be financed wholly or in part by the fees include,
are not limited to, those types of facilities, facilities improvements, vehi
and equipment identified in the Butte County Public Facilities Fee Ne
Study 2012 Update, dated October 5, 2012 and/or those facilities, facil
improvements, vehicles and equipment identified in the capital improvers
plan approved by the board of supervisors entitled the Butte County Cal
Improvement Program, and the facilities, facilities improvements, vehi
and equipment made necessary by the increases in population, housing u
and jobs.
Page I
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
z~
28
(g) Relationship Between Use of Fees and Type of Development. There is
reasonable relationship between the use of the fees and the type c
development project on which the fees are imposed, as set forth in th
provisions of this article, including, but not limited to, Sections 3-231, 3-23
and 3-240.
(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the sheriff facilities, vehicl
and equipment and the type of development project on which the fees
imposed, as set forth in the provisions of this article, including, but not lim
to, Sections 3-231 and 3-232.
(i) Relationship Between Amount of Fees and Cost of Facilities. There is
reasonable relationship between the amount of the fees and the cost of tr
sheriff facilities, vehicles and equipment or portions thereof attributable t
the development on which the fees are imposed, as set forth in the provision
of this article, including, but not limited to, Section 3-232, and chapter 2 an
chapter 8 of the Butte County Public Facilities Fee Nexus Study 201
Update, dated October 5, 2012.
3-230 -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
Page I
1
z
3
4
s
6
7
8
9
to
11
12
13
19
15
16
17
18
19
20
21
zz
23
24
25
26
27
28
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 bti
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 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) Single Family which includes detached single family units, attar
single family units, factory-built homes, and second units, but does
include guest houses.
Page I
1
z
3
4
5
6
8
9
to
11
12
(2) Multi-family which includes units in multi-family h
(comprised of two or more units), and manufactured homes/mobile
but excluding group quarters such as dormitories, nursing
correctional facilities, etc.
3-231 -Imposition of sheriff facilities, vehicles and equipment fees.
Sheriff facilities, vehicles and equipment development impact fees shall
authorized and levied upon any owner of real property located in the unincorporated ;
of Butte County adding or expanding one (1) or more residential or nonresidential u
to such property, or the change in use of a nomesidential building or mobile home on
property to a residential use, or the change in use of a residential building to any use o1
than residential.
3-232 -Amount of sheriff facilities, vehicles and equipment fees.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
The amount of development impact fees for sheriff facilities, vehicles
equipment authorized and levied pursuant to the provisions of this article shall be
specified in the Impact Fee Resolution adopted by the board of supervisors.
The Butte County Public Facilities Fee Nexus Study 2012 Update, dated October
5, 2012, shall be referenced for general calculation of the levied fees.
3-233 -Periodic adjustment to sheriff facilities, vehicles and equipment 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 sheriff facilities, vehicles and equipment fees authorized
levied pursuant to the provisions of this article. The board of supervisors may incre~
the fees in an amount proportional to the increase in such costs. The determination
whether there has been an increase in the cost of acquiring, developing or improving sr
sheriff facilities, vehicles and equipment and the amount of the increase in the she
Page I
1
2
3
4
5
6
7
8
9
io
11
12
13
14
15
16
17
18
19
20
21
zz
23
24
25
26
27
28
facilities, vehicles and equipment fees which is proportional to the increase in such
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 time
of existing fee) x existing fee =new fee.
3-234 -Credit for sheriff facilities, vehicles and equipment fees previously paid.
Where sheriff facilities, vehicles and equipment fees have previously been paid
whole or in part as to the real property upon which the structures are to be added
expanded or converted, the owner of said real property shall be entitled to a credit o
partial credit for the amount paid against the fees owing pursuant to this article. Suc]
fees may previously have been paid to another jurisdiction or to Butte County where sucl
fees have been paid for a use that is being converted to a different or more intensive use.
3-235 -Exemptions from sheriff facilities, vehicles and equipment fees.
Notwithstanding any provisions of this article to the contrary, sheriff facilities
vehicles and equipment fees shall not be authorized and levied upon an owner of rep
property located in the unincorporated area of Butte County adding or expanding one (1
or more structures to such property or converting the use thereof to a more intensive us
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
reconstructed following damage or destruction by fire or other casualty, or
Page I
1
z
3
4
5
6
a
9
to
11
12
13
19
is
16
17
18
19
za
21
22
23
24
25
26
z~
zs
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, An
XVLS.
(d) Where the structure is a temporary mobile home as described in Butte
Code Section 24-174(F).
3-236 -Waiver of sheriff facilities, vehicle and equipment Fees.
Pursuant to Butte County Code Section I-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 f
shall require a corresponding transfer of the waived fee amount from the County's
fund to the appropriate development impact fee account.
3-237 -Facility construction or improvements by agreement.
When, as a condition of approval of a development project: 1) construction
sheriff facilities or facilities improvements are required as part of the approval process
the project; and 2) those requirements have been imposed upon the developer a
recorded in a development agreement with the County; and 3) the value of those facilit
and/or improvements exceeds the sheriff facilities, vehicles and equipment developm~
impact fees that would have been levied on the subject properties, sheriff
Page I
1
2
3
9
s
6
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
29
25
26
z~
28
vehicles and equipment development impact fees will not be imposed or collected on
subject properties. This action constitutes an in-lieu payment of fees and does
constitute an exception or waiver of the required fees.
3-238 -Payment of sheriff facilities, vehicles and equipment fees.
(a) Time of Payment. The sheriff facilities, vehicles and equipment fees
authorized and levied pursuant to the provisions of this article shall be levied and
become due at the time 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
amount specified in the most recent Impact Fee Resolution adopted by the b~
of supervisors at the time of levy.
3-239 -Deposit of sheriff facilities, vehicles and equipment fee revenues in sheriff
vehicles and equipment account.
All revenues from the sheriff facilities, vehicles and equipment fees
and levied pursuant to the provisions of this article, less an authorized administrative
shall, when received by the County of Butte, be deposited into a separate sheriff f
vehicles and equipment account thereafter appropriated and used only for the acq
development or improvement of sheriff facilities, vehicles and equipment in the
hereinafter provided by this article. An authorized administrative fee shall be d
into a separate impact fee administration account.
3-240 -Appropriation of sheriff facilities, vehicles and equipment fee revenues for the
acquisition, development or improvement of sheriff facilities, vehicles and equipment.
All revenues from the sheriff facilities, vehicles and equipment fees authori
and levied pursuant to the provisions of this article and received by the County of B
and deposited into a separate account pursuant to this article, shall be appropriated by
Page I
1
2
3
4
5
6
8
9
to
11
12
13
19
15
16
17
18
19
zo
21
2z
23
24
zs
26
z~
28
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 Ca
Improvement Program approved by the board of supervisors, and only for the acquisi
development or improvement of sheriff facilities, vehicles and equipment made neces
by increases in population, housing units and jobs.
3-241 -Report regarding disposition of sheriff facilities, vehicles and equipment 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 i
report, in compliance with the requirements of Government Code Secti
66006(b).
(b) Action by the board of supervisors. Commencing with the fifth fiscal y.
following the first receipt of any revenues from sheriff facilities, vehicles a
equipment fees authorized and levied pursuant to the provisions of this artic
and every five (5) years thereafrer, the board of supervisors, following receipt
the chief administrative officer's report, shall make the required findings w
respect to any unexpended sheriff facilities, vehicles, and equipment fee revem
in the sheriff facilities, vehicles, and equipment account as set forth
Government Code Section 66001(d). In the event that the sheriff faciliti
vehicles and equipment fee revenues are found not to have been d
expended, the board of supervisors may take one of the following actions:
(1) Order the expending of all or any part of such unexpended
facilities, vehicles and equipment fee revenues for the acgi
development or improvement of sheriff facilities, vehicles and
in the manner hereinbefore provided by this article;
Page I
1
2
3
4
s
6
8
9
io
11
12
13
14
15
16
l~
18
19
20
21
22
23
24
25
26
27
28
(2) Make a finding with respect to all or any part of such unexpendi
sheriff facilities, vehicles and equipment 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 t1
purpose for which the revenues are derived and the purpose for which thi
were charged; or
(3) Order the refund of all or any part of such unexpended s
facilities, vehicles and equipment fee revenues, together with any in
accrued thereon, to the current owner of any property for which fees
paid; provided, however, that if the administrative costs of refunding
sheriff facilities, vehicles and equipment fee revenues exceed the an
to be refunded, the board of supervisors, after considering the matter at
public hearing, notice of which is given in the manner provided for b:
Government Code Section 66001(f), may order the expending of sucl
revenues for any other facility or improvement for which developmen
fees are charged or otherwise imposed pursuant to this code and which the
board of supervisors determines will benefit the properties for which the
sheriff facilities, vehicles and equipment fees were paid.
3-242 -Other sheriff facilities, vehicles and equipment requirements.
The provisions of this article shall not relieve the owner of any real prc
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,
law or federal law at the time of approval of a subdivision map, parcel map, bui
permit or other land use entitlement regarding the funding of sheriff facilities, vet
and equipment.
Page I 1
1
z
3
4
s
6
7
8
9
to
11
lz
13
14
15
16
17
18
19
20
zl
zz
23
24
2s
26
27
28
3-243 - 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.
3-244 -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 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
BILL CONNELLY, CHA
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief
Clerk of the B~
By:
d of
~i
Page I 12