HomeMy WebLinkAbout4097 1 Ordinance No. 4097
2 AN ORDINANCE AMENDING ARTICLE VII, ENTITLED "PARK FACILITY FEES
3 IN THE PARADISE RECREATION AND PARK DISTRICT," OF CHAPTER 16,
4 ENTITLED "PARKS AND RECREATION," OF THE BUTTE COUNTY CODE
5
6 The Board of Supervisors of the County of Butte ordains as
7 follows :
8 Section 1 . Section 16-75 of the Butte County Code is hereby
9 amended to read as follows :
10 16-75 Findings .
11 The board of supervisors makes the following findings and
12 determinations required by section 66001 of the California
13 Government Code in regard to the park facility fees assessed and
14 levied pursuant to the provisions of this article :
15 (a) Importance of Parks; Increased Need Resulting From New
16 Residential Development : The presence of park facilities within
17 the Paradise Recreation and Park District contributes
18 significantly to the beauty and ambience of said area, together
19 with the physical health and emotional well-being of its
20 residents . New residential development occurring within said
21 area will create a need for the acquisition and development of
22 additional park facilities within said area in that the existing
23 park facilities are insufficient in number, size, location and
24 the kinds of recreational opportunities which they present to
25 meet the park and recreational needs of both the existing
26 residents of said area plus those additional residents who will
27 eventually inhabit such new residential development . Based on
28 the general plan of the County of Butte, and the Master Plan
1
1 2010-2020 and Paradise Recreation and Park District Park Impact
2 Fee Nexus Study dated October 2014 and revised February 2015 ,
3 both prepared for the Paradise Recreation and Park District, new
4 residential development occurring within said area will create
5 the need to maintain the existing levels of park facilities of
6 at least 8 . 5 acres of park land, 1 . 6 acres of developed park
7 facilities, and 177 . 5 square feet of community use facilities
8 for every one thousand (1, 000) new residents who will eventually
9 inhabit such new residential development . By reason of the
10 foregoing, the board of supervisors determines that there is a
11 reasonable relationship between the need for the park facilities
12 to be funded with the park facility fees provided for by this
13 article and the residential development upon which such fees are
14 imposed.
15 (b) Use of Revenues From Fees To Meet Park Needs : All revenues
16 from the park facility fees assessed and levied on new
17 residential development pursuant to the provisions of this
18 article will be used for the acquisition and development of
19 additional park facilities within the Paradise Recreation and
20 Park District which will meet the need for such facilities
21 caused by such new residential development . In accordance with
22 the provisions of this article, all such revenues must be
23 deposited in a park fund and thereafter appropriated by the
24 board of directors of the Paradise Recreation and Park District
25 for the acquisition and development of park land and facilities,
26 community use facilities of benefit to the persons residing in
27 the residential development upon which the fees are imposed. By
28 reason of the foregoing, the board of supervisors determines
2
1 that there is a reasonable relationship between the use of the
2 park facility fees provided for by this article and the
3 residential development upon which such fees are imposed.
4 (c) Fees Do Not Exceed Level Necessary To Meet Need: The park
5 facility fees assessed and levied on new residential development
6 pursuant to the provisions of this article will not exceed that
7 which is necessary to fund the park facilities attributable to
8 the residential development upon which such fees are imposed. In
9 particular, the park facility fees assessed and levied on new'
10 residential development will be equal to that necessary to
11 maintain the existing levels of park facilities of at least 8 . 5
12 acres of park land, 1 . 6 acres of developed park facilities, and
13 177 . 5 square feet of community use facilities found to be
14 necessary for every one thousand (1, 000) new residents who will
15 eventually inhabit such new development . By reason of the
16 foregoing, the board of supervisors determines that there is a
17 reasonable relationship between the amount of the park facility
18 fees provided for by this article and the cost of the park
19 facilities attributable to the new residential development upon
20 which the fees are imposed.
21 Section 2 . Section 16-78 of the Butte County Code is hereby
22 amended to read as follows:
23 16-78 Amount of park facility fees .
24 The amount of the basic park facility fee assessed and levied
25 pursuant to the provisions of the article shall be equal to the
26 total amount of square footage being added to the property
27 multiplied by the park facility fee per square foot established
28 by resolution of the board of supervisors based on the
3
1 following:
2 (a) Park Land and Developed Park Facility Fee:
3 (1) The estimated cost per person of buying eight and five-
4 tenths (8 . 5) acres of park land and developing one and six-
5 tenths (1 . 6) acres of park facilities for every one thousand
6 (1, 000) new residents in the Paradise Recreation and Park
7 District, as determined, whenever possible, from the most recent
8 park facilities acquired and developed in the Paradise
9 Recreation and Park District either by the County of Butte or
10 the Paradise Recreation and Park District; multiplied by
11 (2) The average number of residents per dwelling unit within
12 the Paradise Recreation and Park District, as determined by the
13 most recent federal census or a census taken by the County of
14 Butte/Town of Paradise pursuant to the provisions of Title 4 ,
15 division 3 , part 2 , chapter 17 , of the California Government
16 Code (commencing with section 40200) ; divided by
17 (3) The average square footage of dwelling units within the
18 Paradise Recreation and Park District, as determined from
19 records of the building division of the development services
20 department and the county assessor.
21 (b) Community Use Facility Fee:
22 (1) The estimated cost per person of constructing community use
23 facilities based on 177 . 5 square feet of existing community use
24 facilities for every one thousand (1, 000) new residents in the
25 area of the Paradise Recreation and Park District; multiplied by
26 (2) The average number of residents per dwelling unit within
27 the Paradise Recreation and Park District, as determined by the
28 most recent federal census or a census taken by the County of
4
1 Butte/Town of Paradise pursuant to the provisions of Title 4 ,
2 division 3 , part 2 , chapter 17, of the California Government
3 Code (commencing with section 40200) ; divided by
4 (3) The average square footage of dwelling units within the
5 Paradise Recreation and Park District, as determined from
6 records of the building division of the development services
7 department and the county assessor.
8 Section 3 . Section 16-80 of the Butte County Code is hereby
9 amended to read as follows :
10 16-80 Exemptions from park facility fees .
11 Notwithstanding any provisions of this article to the contrary,
12 a park facility fee shall not be assessed and levied upon an
13 owner of real property located in the Paradise Recreation and
14 Park District adding one (1) or more dwelling units to such
15 property under the following circumstances :
16 (a) Where the dwelling unit is within a building owned by a
17 governmental agency;
18 (b) Where the dwelling unit is within a building which is being
19 reconstructed following damage or destruction by fire or other
20 casualty, or the voluntary demolition thereof, provided that the
21 number and size of dwelling units in such reconstructed building
22 is no greater than the number and size of dwelling units in the
23 building prior to such damage, destruction or demolition.
24 Increases in size will be charged in the same manner as an
25 alteration or construction of an addition under Section 16-77 of
26 this article;
27 (c) Where the dwelling unit is within, a part of, or affiliated
28 with a facility used primarily for the congregate housing and
5
1 care of persons who are fifty-five (55) years of age or older;
2 (d) Where the structure is a temporary mobilehome as described
3 in Butte County Code Section 24-174F;
4 (e) Where the dwelling unit is within a building located in the
5 Forest Ranch Planning Area (Doe Mill Ridge area) which is the
6 area located west of the Butte Creek drainage .
7 Section 4 . Section 16-83 of the Butte County Code is hereby
8 amended to read as follows :
9 16-83 Deposit of park facility fee revenues in park facility
10 fund.
11 All revenues from the park facilities fees assessed and levied
12 pursuant to the provisions of this article shall, when received
13 by the Paradise Recreation and Park District, be deposited in a
14 separate park fund, and thereafter appropriated and used only
15 for the acquisition and/or development of either park land, park
16 facilities, or community use facilities in the manner
17 hereinafter provided by this article .
18 Section 5 . Section 16-84 of the Butte County Code is hereby
19 amended to read as follows:
20 16-84 Appropriation of park facility fee revenues for the
21 acquisition and development of park facilities.
22 All revenues from the park facility fees assessed and levied
23 pursuant to the provisions of this article and received by
24 Paradise Recreation and Park District and deposited in a
25 separate park fund shall be appropriated by the Paradise
26 Recreation and Park District Board of Directors in a manner
27 consistent with the comprehensive Park and Recreation Plan of
28 the Paradise Recreation and Park District and only for the
6 1
1 acquisition and/or development of :
2 (1) Neighborhood park facilities that are determined by said
3 board to be of benefit to all persons residing within the zone
4 of benefit established for the neighborhood park for which fees
5 were paid; in making such determination, said board may consider
6 the special recreational needs, if any, of those persons
7 residing within said zone of benefit;
8 (2) Community park facilities that are determined by the board
9 to be of benefit to all persons residing within the Paradise
10 Recreation and Park District;
11 (3) Community use facilities that are determined by the board
12 to be of benefit to all persons residing within the Paradise
13 Recreation and Park District; and
14 (4) Park land that is determined by the board to be of benefit
15 to all persons residing within the Paradise Recreation and Park
16 District .
17 Section 6 . Section 16-86 of the Butte County Code is hereby
18 amended to read as follows :
19 16-86 Report re disposition of park facility fee revenues;
20 action re unexpended revenues .
21 (a) Report by the Paradise Recreation and Park District :
22 Commencing July 1, 2005 , and on July 1 of each year thereafter,
23 the Paradise Recreation and Park District shall provide the
24 board of supervisors with a report which sets forth the total
25 amount of all park facility fee revenues that were received and
26 deposited in the park fund in each fiscal year prior to the date
27 of such report, the disbursements from said fund and the amount
28 which remains unexpended as of the date of the report .
7
1 (b) Action by the Board of Supervisors : Commencing with the
2 fifth fiscal year following the first receipt of any revenues
3 from park facility fees assessed and levied pursuant to the
4 provisions of this article and every five years thereafter, the
5 board of supervisors, following receipt of the Paradise
6 Recreation and Park District ' s report, shall make the required
7 findings with respect to any unexpended park facility fee
8 revenues in the park fund as set forth in Government Code
9 Section 66001 (d) . In the event that the Paradise Recreation and
10 Park District is found not to be diligently expending park
11 facility fee revenues, the board of supervisors may take one of
12 the following actions :
13 (1) Order the expending of all or any part of such unexpended
14 park facility fee revenues for the acquisition and/or
15 development of community park facilities, neighborhood park
16 facilities, or community use facilities in the manner
17 hereinbefore provided by this article;
18 (2) Make a finding with respect to all or any part of such
19 unexpended park facility fee revenues which identifies the
20 purpose to which the revenues are to be put and which
21 demonstrates a reasonable relationship between the fees from
22 which the revenues are derived and the purpose for which they
23 were charged; or
24 (3) Order the refund of all or any part of such unexpended park
25 facility fee revenues, together with any interest accrued
26 thereon, to the current owner of any property for which fees
27 were paid; provided, however, that if the administrative costs
28 of refunding such park facility fee revenues exceed the amount
8
1 to be refunded, the board of supervisors, after considering the
2 matter at a public hearing, notice of which is given in the
3 manner provided for by section 66001 (e) of the California
4 Government Code, may order the expending of such revenues for
5 any other facility or improvement for which development fees are
6 charged or otherwise imposed pursuant to this Code and which the
7 board of supervisors determines will benefit the properties for
8 which the park facility fees were paid.
9 Section 7 . Severability. If any provision of this Ordinance
10 or the application thereof to any person or circumstances is for
11 any reason held to be invalid by a court of competent
12 jurisdiction, such provision shall be deemed severable and the
13 invalidity thereof shall not affect the remaining provisions or
14 other applications of the Ordinance which can be given effect
15 without the invalid provision or application thereof .
16 Section 8 . Effective Date and Publication. This ordinance
17 shall take effect thirty (30) days after the date of its
18 passage . The Clerk of the Board of Supervisors is authorized
19 and directed to publish this ordinance before the expiration of
20 fifteen (15) days after its passage. This Ordinance shall be
21 published once, with the names of the members of the Board of
22 Supervisors voting for and against it, in the Chico Enterprise-
23 Record, a newspaper of general circulation published in the
24 County of Butte, State of California.
25 PASSED AND ADOPTED by the Board of Supervisors of the county of
26 Butte, State of California, on the 9th day of June, 2015 , by the
27 following vote :
28
9
1 AYES : Connelly, Kirk, Wahl, Lambert and Chair Teeter
NOES : None
2 ABSENT: None
NOT VOTING: None
3 \
DOUG TEETER, Chair of the
4 Butte County Board of
Supervisors
5
6
7
ATTEST:
8 PAUL HAHN, Chief Administrative Officer
and Clerk of the Board
9
, ,
10 By:
D 'pY
11 /
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
10