HomeMy WebLinkAbout40701
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Ordinance No. 4070
AN ORDINANCE OF THE COUNTY OF BUTTE REPEALING AND RE-ENACTING
ARTICLE XXII TO CHAPTER 3 OF THE BUTTE COUNTY CODE REGARDING
DEVELOPMENT IMPACT FEES FOR
TRANSPORTATION FACILITIES-UNINCORPORATED AREA
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XXII is repealed and replaced to read as follows:
3-247 -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 transportation facilitie=.
fees upon the owners of real property located in the unincorporated area of Butte County
(excluding the Chico Urban Area and North Chico Specific Plan Area), adding or
expanding one (1) or more residential or nonresidential units to such property, in an
amount sufficient to defray the cost of providing transportation facilities or improveme
arising from an increase or change in the use of such property. As referred to in 1
ordinance, transportation facilities include transportation infrastructure for all mo
(auto, transit, bicycles and pedestrian) such as roads, bridges, traffic signals, tray
facilities, sidewalks and bike paths.
3-248 -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 Public
Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, project
increases in population, housing units and jobs over a twenty (23) year period
from 2012 to 2035. It projects that population will increase by forty-three (43
percent, housing units will increase by forty-two (42) percent, and jobs wil
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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 transportation facilities. O~
time, existing transportation facilities will become insufficient in number, size a
location to meet the needs of new residential or nonresidential developme
Based on the Butte County Public Facilities Fee Nexus Study 2012 Update,
October 5, 2012, new residential or nonresidential development occurring v
Butte County will create the need to fund twenty-nine percent (29) of the
costs of improvements for the 2035 planning horizon. The
improvements within the planning horizon include road, intersection and
projects within the unincorporated area of Butte County (excluding the
Urban Area and the North Chico Specific Plan Area).
(b) Use of Revenues From Fees to Meet Transportation Facilities Needs.
revenues from the development impact fees authorized and levied on
residential or nonresidential development pursuant to the provisions of this art
will be used to fund the calculated fair-share percentage of costs for
acquisition, development or improvement of transportation facilities within
unincorporated area of Butte County (excluding the Chico Urban Area and
North Chico Specific Plan Area), which will meet the need for such transporta
facilities caused by such new residential or nomesidential development.
accordance with the provisions of this article, all such revenues must be deposit
into a transportation facilities account and thereafter appropriated by the board
supervisors for the acquisition, development or improvement of transportati
facilities of benefit to the persons owning, or residing and working in t
structures upon which the fees are imposed. Fees will be spent on desil
engineering, environmental review and construction support costs for 1
construction of roads, bridges, traffic signals, transit facilities, sidewalks and bi
paths.
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(c) Fees Do Not Exceed Level Necessary to Meet Need. The developm~
impact fees authorized and levied on new residential or nonresident
development, pursuant to the provisions of this article, will not exceed that whi
is necessary to fund the fair-share costs of transportation facilities attributable
the new residential or nonresidential development upon which such fees
imposed. In particular, the development impact fees authorized and levied
new residential or nonresidential development will be equal to that necessary
fund the fair share costs of acquisition, development or improvement
transportation facilities made necessary by the increase in population, housi
units and jobs 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 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 ar
is to defray the cost of improvements to, or acquisitions of, those transport2
facilities within the unincorporated area of Butte County (excluding the C
Urban Area and the North Chico Specific Plan Area) made necessary by
anticipated increases in population, housing units and jobs.
(f) Transportation Facilities Identified. The transportation facilities that will
financed wholly or in part by the fees include, but are not limited to, those tyI
of facilities, facilities improvements, vehicles and equipment identified in t
Butte County Public Facilities Fee Nexus Study 2012 Update, dated October
2012 and/or those facilities, facilities improvements, vehicles and
identified in the capital improvement plan approved by the board of sl
entitled the Butte County Capital Improvement Program and facilities,
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improvements, vehicles and related equipment made necessary by the
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 articl
including, but not limited to, Sections 3-250, 3-251 and 3-257.
(h) Relationship Between Need for Facilities and Type of Development. There
a reasonable relationship between the need for the transportation facilities and t
type of development project on which the fees are imposed, as set forth in th
provisions of this article, including, but not limited to, Sections 3-250 and 3-251.
(i) Relationship Between Amount of Fees and Cost of Facilities. There is
reasonable relationship between the amount of the fees and the cost of ti
transportation facilities or portions thereof attributable to the development
which the fees are imposed, as set forth in the provisions of this article, includi
but not limited to, Section 3-251, and in chapter 2 and chapter 9 of the Bi
County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.
3-249 -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, s
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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 br
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 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.
(c) North Chico Specific Plan shall mean the North Chico Specific Plan,
adopted on March 28, 1995, together with any amendments or additions m.
thereto.
(d) 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
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Highway 99, south of Keefer Road and west of the Chico Municipal Airport
more particularly depicted in Figure 3-1 of the North Chico Specific Plan.
(e) 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 b~
(comprised of two or more units), and manufactured homes/mobile
but excluding group quarters such as dormitories, nursing
correctional facilities, etc.
3-250 -Imposition of transportation facilities fees.
Transportation facilities development impact fees shall be authorized and levif
upon any owner of real property located in the unincorporated area of Butte Coun
adding or expanding one (1) or more residential or nonresidential units to such propert
or the change in use of a nomesidential building or mobile home on the property to
residential use, or the change in use of a residential building to any use other the
residential.
3-251 -Amount of transportation facilities fees.
The amount of development impact fees for transportation facilities authorizes
and levied pursuant to the provisions of this article shall be as 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.
3-252 -Periodic adjustment to transportation facilities fees.
From time to time, county staff may submit documentation substantiating
there has been an increase in the cost of acquiring, developing or imprc
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transportation facilities within the unincorporated area of Butte County, and requesting
increase in the transportation facilities fee authorized and levied pursuant to t]
provisions of this article. The board of supervisors may increase this fee in an amou
proportional to the increase in such costs. The determination of whether there has bei
an increase in the cost of acquiring, developing or improving transportation facilities a~
the amount of the increase in the transportation facilities fee which is proportional to tl
increase in such costs shall be made by the board of supervisors based on the following:
The net percentage increase in the Engineering News Record Construction Cost
Index for San Francisco (using the CCI column of the "ENR City Cost Index-Sar
Francisco") (based on 1913 U.S. average =one hundred (100)) as last published in the
Engineering News Record McGraw Hill Construction Weekly (or on the Internet;
between the date of such increase and the effective date of the ordinance codified in thi<
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.
3-253 -Credit for transportation facilities fees previously paid.
Where transportation facilities fees have previously been paid in whole or in
as to the real property upon which the structures are to be added, the owner of said
property shall be entitled to a credit or partial credit for the amount paid against the
owing pursuant to this article. Such fees may previously have been paid to anc
jurisdiction or to Butte County where such fees have been paid for a use that is b
converted to a different or more intensive use.
3-254 -Exemptions from transportation facilities fees.
Notwithstanding any provisions of this article to the contrary,
facilities fees shall not be authorized and levied upon an owner of real property located i
the unincorporated area of Butte County adding or expanding one (1) or more structure
to such property or converting the use thereof to a more intensive use under the followin
circumstances:
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(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 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 the structure is located within the area covered by the Chico
Area Street Improvements Fee and a separate fee is charged pursuant to
County Code Section 10-33.5.
(d) Where the structure is located within the North Chico Specific Plan area and
separate fee is charged pursuant to Butte County Code Section 3-164.
(e) Where a use is a nonresidential use and the structures are located within
Oroville Enterprise Zone as described in Butte County Code Chapter 2, Art
XVLS.
(f) Where the structure is a temporary mobile home as described in Butte County
Code Section 24-174(F).
3-255 -Waiver of transportation 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
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shall require a corresponding transfer of the waived fee amount from the County's
fund to the appropriate development impact fee account.
3-256 -Facility construction or improvements by agreement.
When, as a condition of approval of a development project: 1) construction
transportation facilities or facilities improvements are required as part of the apprc
process for the project; and 2) those requirements have been imposed upon the develc
and recorded in a development agreement with the County; and 3) the value of tl
facilities and/or improvements exceeds the transportation facilities development imp
fees that would have been levied on the subject properties, development impact fees
not be imposed or collected on the subject properties. This action constitutes an in-
payment of fees and does not constitute an exception or waiver of the required fees.
3-257 -Payment of transportation facilities fees.
(a) Time of Payment. The transportation facilities fees authorized and le'
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 oa
first.
(b) Place of Payment. Fees levied pursuant to the provisions of this article shall
be paid to the County of Butte, Department of Development Services, in the
amount specified in the most recent Impact Fee Resolution adopted by the board
of supervisors at the time of levy.
3-258 -Deposit of transportation facilities fee revenues in the transportation facilities
account.
All revenues from the transportation facilities fees authorized and levied pursu
to the provisions of this article, less an authorized administration fee, shall, wl
received by the County of Butte, be deposited into a separate transportation facili
account thereafter appropriated and used only for the acquisition, development
improvement of transportation facilities in the manner hereinafter provided by this arti
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An authorized administration fee shall be deposited into a separate impact
administration account.
3-259 - Appropriation of transportation facilities fee revenues for the
development and/or improvement of transportation facilities.
All revenues from the transportation facilities fee authorized and levied pursua~
to the provisions of this article and received by the County of Butte, and deposited in
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 Capital Improvement Program approved by tt
board of supervisors, and only for the acquisition, development and/or improvement c
transportation facilities made necessary by increases in population, housing units an
jobs.
3-260 -Report regarding disposition of transportation facilities fee revenues; act
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 year followi
the first receipt of any revenues from transportation facilities fees authorized and levi
pursuant to the provisions of this article, and every five (5) years thereafter, the board
supervisors, following receipt of the Butte County chief administrative officer's reps
shall make the required findings with respect to any unexpended transportation facilit
fee revenues in the transportation facilities fee account as set forth in Government Cc
Section 66001(d). In the event that the transportation facilities fee revenues are found ~
to have been diligently expended, the board of supervisors may take one (1) of ~
following actions:
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(1) Order the expending of all or any part of such unexpended transportat
facilities fee revenues for the acquisition, development or improvement
transportation facilities in the manner hereinbefore provided by this article;
(2) Make a finding with respect to all or any part of such unexper
transportation 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 transportation faciliti
fee revenues, together with any interest accrued thereon, to the current owner
any property for which fees were paid; provided, however, that if t
administrative costs of refunding such transportation facilities fee revem
exceeds 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 revem
for any other facility or improvement for which development fees are charged
otherwise imposed pursuant to this code and which the boazd of supervise
determines will benefit the properties for which the transportation facilities ff
were paid.
3-261- Other transportation facilities requirements.
The provisions of this article shall not relieve the owner of any real pr
located within the County, both the incorporated and unincorporated area of
County, from the obligation of complying with any requirements that are irr
pursuant to other provisions of this code, state law or federal law at the time of ap
of a subdivision map, parcel map, building permit or other land use entitlement
the funding of transportation facilities.
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~ 3-262 - 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.
~ 3-263 -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
n es of the members of the JBoard of Supervisors voting for and against it, in
(p ~ 'iU'~ (~ ~ Cd~01/, a newspaper of general circulation in the County of BL
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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BILL CONNELLY, CH1~,IR
Butte County Board of Supervisors
ATTEST:
Paul Hahn, Chief
Clerk of the B.
By:
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