HomeMy WebLinkAbout23-110BOARD OF SUPERVISORS
COUNTY OF BUTTE, STATE OF CALIFORNIA
Resolution No. 23-110
RESOLUTION ADOPTING THE SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT
IMPACT FEE
WHEREAS, the Mitigation Fee Act (Act) (California Government Code Section 66000 et seq.) authorizes a local
agency to impose impact fees as a condition of approval of development projects to help defray the costs of public
infrastructure and facilities that will be needed to serve the proposed development; and
WHEREAS, the Sutter Butte Flood Control Agency (SBFCA) has directed Larsen Wurzel & Associates, Inc. to prepare
the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study (Nexus Study), dated
June 30, 2023; and
WHEREAS, the Butte County Board of Supervisors (Board) has adopted a resolution approving the Nexus Study;
and
WHEREAS, pursuant to Section 6602(a) of the Act, notice was published in the Enterprise -Record and Oroville
Mercury on September 15th and 21', 2023, providing notification of the time and place for a public hearing to consider
and adopt the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee (Levee Impact Fee).
WHEREAS, a public hearing was held on September 261h, 2023, at a regularly scheduled meeting of the Butte
County Board of Supervisors to hear and consider the adoption of the Levee Impact Fee; and
WHEREAS, the Levee Impact Fee will fund levee improvements to provide a 200-year level of flood protection in
the urban Northern portion of the Sutter Butte Basin and a 100-year level of flood protection in the rural Southern portion
of the Basin while offsetting the increase in damageable property that will be placed in the levee -protected floodplain as
new development occurs in the area; and
WHEREAS, the Board has adopted an ordinance amending Chapter 3 of the Butte County Code, by the addition of
Article XXVII, "Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee"; and
WHEREAS, the Board has considered all information related to this matter, as presented at the public hearing of
the Board identified herein, including any supporting reports by County Staff, and any information provided during public
hearings.
NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors hereby
1. Finds that the facts set forth in the recitals to this resolution are true and correct and establish the factual
basis for the Board's adoption of this resolution.
Adopts the Levee Impact Fee attached hereto as Exhibit "A" pursuant to the Board's independent review and
consideration.
3. Finds this resolution and Levee Impact Fee shall take effect sixty (60) days after the date of its passage,
pursuant to Section 66017 of the California Government Code,
PASSED AND ADOPTED by the Butte County Board of Supervisors this 26th day of September, 2023, by the
following vote:
AYES: Supervisor Connelly, Durfee, Ritter, Teeter and Chair Kimmelshue
NOES: None
ABSENT: None
ABSTAIN: None
Tod Kimmels ue, Chair
Butte County. oard of Supervisors
ATTEST:
Andy Pickett, Chief Administrative Officer
and Clerk of the Board of Supervisors
By '-"rao�� 1' QL�c�
Duty