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HomeMy WebLinkAbout23-109ep'moan"*.�•� . OV S UpE •, °Q'• =�� BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA o'r�'?' •' .. �P' e ���onnenean�6 Resolution No. 23-109 RESOLUTION ADOPTING THE SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT PROGRAM DEVELOPMENT IMPACT FEE NEXUS STUDY AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN SUTTER BUTTE FLOOD CONTROL AGENCY AND THE COUNTY OF BUTTE FOR COLLECTION OF 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, Section 66016.5(a) of the Act requires that prior to adopting a development impact fee, a local agency must adopt an impact fee nexus study that establishes the connection between the proposed fee and the actual impacts of development on the local public infrastructure and facilities; and WHEREAS, the Sutter Butte Flood Control Agency (SBFCA) is a joint powers authority formed in 2008 for the purpose of improving flood protection in the Sutter -Butte Basin; and WHEREAS, the Cities of Biggs, Gridley, Live Oak, and Yuba City and the Counties of Butte and Sutter are all member agencies of SBFCA and each has the authority to establish, revise, and collect fees as a condition of development of land for the purpose of financing flood control facilities; and WHEREAS, each of the cities and/or counties has expressed an interest or intent to exercise this authority to collect fees to provide funding for flood protection; and WHEREAS, in its role as a joint powers authority planning and implementing flood control activities in the Sutter Butte Basin, SBFCA has prepared a Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study ("Nexus Study") which is attached hereto as Exhibit A to this Agreement, which describes and determines the applicable development impact fee within the city or county ("DIF") and sets forth the required findings required by Government Code Section 66000 et. seq.; and WHEREAS, in accordance with Section 66016.5(a)(7) of the Act, notice was published on the Butte County Clerk of the Board website and published in two local newspapers on August 27th, 2023, providing 30 days' notification of the time and place for a public hearing to consider and adopt the Nexus Study. Notice of the hearing was also provided 14 days prior to the public hearing to those interested parties who requested, in writing, notice of meetings on new or increased fees or service charges; and WHEREAS, a public hearing was held on September 261h, 2023, at a regularly scheduled meeting of the County of Butte Board of Supervisors (Board) to consider adopting the Nexus Study and its findings, as presented by SBFCA staff and consultants, and consider any written and oral presentations from interested members of the public regarding the Nexus Study and the proposed development impact fee; and WHEREAS, the Nexus Study finds the development impact fee will fund full levee improvements to provide a 200-year level of flood protection to the Urban Northern portion of the Sutter Butte Basin and a 100-year level of flood protection to the rural Southern portion of the Basin; and WHEREAS, the Nexus Study includes appropriate findings that a fee charged on a square foot basis bears a reasonable relationship between the fee being charged and the burden posed by the development, consistent with the requirements of Section 66016.5(a) of the Act; and WHEREAS, SBFCA has requested that the four cities and two counties enter into an agreement to collect the proposed development impact fees as a condition of issuing building permits for new development in the Sutter Butte Basin within each party's respective land use authority and provide those funds to SBFCA; and WHEREAS, SBFCA has prepared an Agreement between 7 agencies for the Collection of the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee (Collection Agreement), attached hereto as Exhibit B, for the Counties of Sutter and Butte, and the cities of Biggs, Gridley, Live Oak, and Yuba City to execute. NOW, THEREFORE, BE IT RESOLVED that the Butte County Board of Supervisors: 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. 2. Adopts the Sutter Butte Basin Regional Levee Improvement Program Development Impact Fee Nexus Study prepared by SBFCA, attached hereto as Exhibit A, and makes the findings set forth in the Nexus Study. 3. Recognizes the Nexus Study shall be updated at least every eight years, in accordance with Section 66016.5(a)(8) of the Act. 4. Approves entering into the Collection Agreement, attached hereto as Exhibit B, subject to all other agencies agreeing to enter into the agreement and affirms that any adopted impact development fee will be collected by the County in accordance with the Collection Agreement. 5. Authorizes the County Administrative Officer to execute the Collection Agreement after it has been communicated that all other agencies have agreed to enter into the collection agreement, attached hereto as Exhibit B, and to take whatever other actions are necessary and appropriate to carry out the purpose and intent of this Resolution. 6. Finds the adoption of this Resolution is not a "project" subject to the California Environmental Quality Act ("CEQA") because it is in furtherance of the creation of a government funding mechanism that does not involve any commitment to any specific project CEQA Guidelines Section 15378(b)(4)), and because it can be seen with certainty that there is no possibility that the above actions may have a significant effect on the environment, in that this Resolution contains no provisions modifying the physical design, development, or construction of residences or nonresidential structures (CEQA Guidelines Section 15061(b)(3)). 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 ATTEST: Andy Pickett, Chief Administrative Officer and Clerk of the Board of Supervis rs ;"'N A ( i i I n Bey :- jA Deputy