HomeMy WebLinkAbout42301
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
Ordinance No.4230
AN ORDINANCE OF THE COUNTY OF BUTTE ADDING ARTICLE XXVII,
ENTITLED "SUTTER BUTTE BASIN REGIONAL LEVEE IMPROVEMENT
PROGRAM DEVELOPMENT
IMPACT
FEE,"
TO CHAPTER 3,
ENTITLED "FEES,"
OF THE
BUTTE
COUNTY CODE
The Board of Supervisors of the County of Butte ordains as follows:
Section 1. Article XXVII, entitled `Sutter Butte Basin Regional
Levee Improvement Program Development Impact Fee," is added to
Chapter 3, entitled "Fees."
Article XXVII. Sutter Butte Basin Regional Levee Improvement
Program Development Impact Fee.
3-340 - Purpose
This article is enacted pursuant to Article I, Section 1 of the
Butte County Charter and Article XI, Section 7 of the California
Constitution for the purpose of authorizing a Sutter Butte Basin
Regional Levee Improvement Program Development Impact Fee (Levee
Impact Fee) to be assessed and levied upon any owner of real
property located in the unincorporated area of the County of Butte
within the Sutter Butte Basin adding one (1) or more residential
or nonresidential units to such property. The Sutter Butte Basir
is located in the Southern portion of Butte County and iE
approximately 71,737 acres. The Levee Impact Fee is to ensure that
new development within the Sutter Butte Basin portion of the
unincorporated area of the County of Butte pays its proportionatE
1
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
share of the levee improvement costs needed 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.
3-341 - Findings
The Board of Supervisors makes the following findings and
determinations required by Government Code Section 66001 in regard
to the development impact fees authorized and levied pursuant to
the provisions of this article:
(a) Purpose of Fees. The Levee Impact Fee will provide
funding for levee improvements to provide a 200-year
level of flood protection to the urban portion of the
Sutter Butte Basin and a 100-year level of flood
protection to the remainder of the basin.
(b) Use of Revenues from the Fees. The Levee Impact Fee will
be used to design and construct levee improvements to
reduce the probability of flooding within the Sutter
Butte Basin as further described in the Nexus Study.
(c) Relationship Between Use of Fees and Type of Development.
There is a reasonable relationship between the use of
the fees and the type of development project on which
the fees are imposed, as set forth in the provisions of
this article. Development of Residential, Commercial,
and Industrial land uses within the Sutter Butte Basin
will require improved flood control and flood protection
a
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
services. This Levee Impact Fee, in conjunction with
other funding sources, will fund the improved SBFCAI
flood protection system as described in the Nexus Study.
(d) Relationship Between Need for Facilities and Type of
Development. There is a reasonable relationship between
the need for flood protection and the type of development
project on which the fees are imposed as set forth in
the provisions of this article. Each Residential,
Commercial, and Industrial development project adds to
the incremental need for flood protection because of the
increase in damage that would occur as a result of an I
uncontrolled flood, and the increased burden that the
damages will place on the Land use agencies and SBFCA.
For the new development to occur within the Sutter Butte
Basin, the level of flood control needs to be improved
to provide a reduced probability of flooding to the Basin
as described in the Nexus Study.
(e) Relationship Between Amount of Fees anct cost oz
Facilities. There is a reasonable relationship between
the amount of the fees and the cost of facilities to the
development on which the fees are imposed as set forth
in the provisions of this article. SBFCA estimated the
total cost of the required facilities. The allocation of
costs is based on the acres adjusted by the Flood Damage
Index. The result is the cost of the improvements
attributed to each acre of Residential, Commercial, and
3
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
Industrial development. This allocation demonstrates the
relationship between the amount of the fee and the cost
of the portion of the facility attributed to the specific
type of development upon which the fee is imposed.
3-342 - Definitions
(a) Development shall mean any human -caused change to land
that requires a permit or approval from the County.
(b) Nonresidential Units shall mean the following:
(1) Commercial includes offices, retail facilities,
hotels, motels, restaurants, service stations and
car washes, medical and dental offices, banks, and
any other development typically serving and open to
the general public.
(2) Industrial includes development occupied by
manufacturing, warehouses, processing plants,
heavy and light industry, lumberyards, storage,
bulk plants, truck transfer terminals, and any
other development typically serving the
manufacturing, storage, or processing industries.
(c) Residential Units shall mean the following:
(1) Single-family which includes structures that are
single-family dwellings and duplexes. Half-plexes,
rural homes, and mobile homes requiring a building
permit are included in this category.
(2) Multi -family which includes structures that are
21
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
occupied by three or more families living
independently of each other, under one roof. This
category includes condominiums, triplexes, four-
plexes, and apartment complexes.
(d) Flood Damage Index shall mean a factor that relates the
adjusted property damages by land use to the property
damage of an acre of development. The greater the index
value, the greater the impact in terms of property damage
and loss of use and life associated with a possible
flood.
(e) Land Use Agency shall mean a member agency with land use
jurisdiction over the territory. Land use agencies used
in this ordinance refer to the Counties and Cities that
have land use authority within the Sutter Butte Basin.
(f) Levee Impact Fee shall mean Sutter Butte Basin Regional
Levee Improvement Development Impact Fee.
(g) Nexus Study shall mean Sutter Butte Basin Regional Levee
Improvement Program Development Impact Fee Nexus Study.
(h) SBFCA shall mean Sutter Butte Flood Control Agency.
(i) Sutter Butte Basin shall mean the 264 square miles of the
Feather River Drainage Basin located in the Sacramento
Valley.
3-343 - Imposition of the Levee Impact Fee
The Levee Impact Fee shall be authorized and levied upon any owner
of real property located in the unincorporated area of Butte County
5
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
within the Sutter Butte Basin, adding or expanding one (1) or more
residential or nonresidential units to such property.
3-344 - Amount of the Levee Impact Fee
The amount of the Levee Impact Fee authorized and levied pursuant
to the provisions of this article shall be as specified in the
Levee Impact Fee Resolution adopted by the board of supervisors.
The Sutter Butte Basin Regional Levee Improvement Program
Development Impact Fee Nexus Study 2023, shall be referenced for
the general calculation of the levied fees.
3-345 - Periodic adjustment to the Levee Impact Fee
From time to time, county staff may submit documentation
substantiating that there has been an increase in the cost of
planning, repairing, rehabilitating, developing, or improving
levees within the unincorporated area of Butte County's Sutter
Butte Basin, and requesting an increase in the development impact
fees authorized and levied pursuant to the provisions of this
article. The board of supervisors may increase the fees in an
amount proportional to the increase in such costs. The
determination of whether there has been an increase in costs and
the amount of the increase for the development impact fee which is
proportional to the 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
0
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
column of the "ENR City Cost Index —San 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 this 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.
3-346 - Exemptions from the Levee Impact Fee
Notwithstanding any provisions of this Article to the contrary, a
development impact fee shall not be assessed and levied pursuant
to this Article upon an owner of real property located in the
unincorporated area of the County of Butte within the Sutter Butte
Basin under the following circumstances:
(a) Agricultural Exemption: Development projects on
agricultural land including development of Rural
Residential parcels greater than 5 acres in size.
(b) Additions to Pre -Existing Structures: Development
projects that require a building permit and do not
increase the amount of new structure square footage
are exempt from the fee if the project involves adding
less than 500 new square feet. If the project
increases the structure by 500 square feet or more,
7
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
only the incremental new square footage will be
charged the fee on a proportionate basis.
(c) Replacement due to Damage: If the proposed project is
an in -kind replacement to a previously existing
structure because of fire damage or other natural
disaster, the project will be exempt from the fee so
long as the replacement does not increase the amount
of new structure by more than 300 square feet. If the
project increases the structure by more than 300
square feet, the incremental new square footage will
be charged the fee on a proportionate basis.
(d) Structures Raised Above the 200-Year Floodplain
Elevation: Development projects with structures raised
above the elevation of the 200-year flood as
determined by the Land use agencies or structures
removed from the 200-year floodplain by flood control
improvements that meet the design standards applicable
to the Federal -State flood control system as
determined by the Land use agencies, shall be exempt
from the fee. The "200-year flood" and "200-year
floodplain" are determined without incorporating
SBFCA's completed Feather River West Levee
improvements.
(e) Open Space: Any development project that takes place
on open space land.
(f) Public Agency Owned Land (including federal, state,
3
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
and local agencies): Any development project located
on land owned by a government agency and is to be used
solely for public use.
3-347 - Waiver of the Levee Impact Fee
Pursuant to Section 1-18, the Board of Supervisors may waive all
or part of the fees as permitted by law, if the applicant is a
public entity or nonprofit charitable organization or if the
Board of Supervisors finds that it is otherwise in the public
linterest to do so.
Consistent with, and in support of the findings and
determinations required by Government Code Section 66001 in
regard to the development impact fees authorized and levied
pursuant to the provisions of this article, the amount of any
waiver of fees shall require a corresponding transfer of the
waived fee amount from the County's general fund to the
appropriate development impact fee account.
3-348 - Payment of the Levee Impact Fee
(a) Time of Payment. The 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 shall be paid to the County of Butte,
0
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
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.
3-349 - Deposit of Levee Impact Fee revenues in facility fund
All revenues from the fees authorized and levied pursuant to the
provisions of this article, less an authorized administrative fee,
shall, when received by the County of Butte, be deposited into a
separate Flood Protection Improvement Fund account thereafter
appropriated and used only for the planning, repairing,
rehabilitating, developing or improving levees in the Sutter Butte
Basin, in the manner hereinafter provided by this article. An
authorized administrative fee shall be deposited into a separate
impact fee administration account.
3-350 - Appropriation of Levee Impact Fee revenues for the
improvement of levees
All revenues from the fees authorized and levied pursuant to the
provisions of this article and received by the County of Butte and
deposited into a separate fund pursuant to this article shall be
appropriated by the SBFCA in a manner consistent with the Nexus
Study, dated June 30, 2023, only to design and construct levee
improvements to reduce the probability of flooding within the
Sutter Butte Basin.
3-351 - Report regarding the disposition of Levee Impact Fee
10
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
revenue; action regarding unexpended revenues
(a) Within one hundred eighty (180) days after the last day
of each fiscal year the chief administrative officer of
the County of Butte or his/her designee shall provide to
the board of supervisors a report regarding each
separate account or fund established pursuant to this
article, and the board shall then review the report, in
compliance with the requirements of Government Code
Section 66006(b).
(b) Action by the board of supervisors. Commencing with the
fifth fiscal year following the first receipt of any
revenues from fees authorized and levied pursuant to the
provisions of this article, and every five (5) years
thereafter, the board of supervisors, following receipt
of the Butte County chief administrative officer's
report, shall make the required findings with respect to
any unexpended fee revenues in the Flood Protection
Improvement Fund account as set forth in Government Code
Section 66001(d). In the event that the fee revenues are
found not to have been diligently expended, the board of
supervisors may take one of the following actions:
(1) Order the expending of all or any part of such
unexpended Levee Impact Fee revenues for the
planning, repairing, rehabilitating, developing,
or improving levees in the manner herein before
provided by this article;
11
1
2
3
4
5
1
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
( 2 ) Make a finding with respect to all or any part of
such unexpended Levee Impact Fee revenues which
identifies the purpose to which the revenues are to
be put and which demonstrates a reasonable
relationship between the fees from which the
revenues are derived and the purpose for which the
revenues are derived, and the purpose for which the
revenues are derived and the purpose for which they
were charged; or
(3) Order the refund of all or any part of such
unexpended Levee Impact Fee revenues, together with
any interest accrued thereon, to the current owner
of any property for which fees were paid; provided,
however, that if the administrative costs of
refunding such Levee Impact Fee revenues exceed the
amount to be refunded, the board of supervisors,
after considering the matter at a public hearing,
a notice of which is given in the manner provided
for by Government Code Section 66001(f), may order
the expending of such revenues for any other
facilities or improvement for which development
fees are charged or otherwise imposed pursuant to
this code and which the board of supervisors
determines will benefit the properties for which
the fees were paid.
12
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
Section 2. Severability
If any provision of this article or the application thereof to any
person or circumstances is for any reason held to be invalid by a
court of competent jurisdiction, such provision shall be deemed
severable, and the invalidity thereof shall not affect the
remaining provisions or other application of this article which
can be given effect without the invalid provision or application
thereof.
Section 3. Effective date and publication
The ordinance from which this article is derived 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 the
ordinance from which this article is derived before the expiration
of fifteen (15) days after its passage. The ordinance from which
this article is derived shall be published once, with the names of
the members of the Board of Supervisors voting for and against it,
in the Chico Enterprise -Record, a newspaper of general circulation
in the County of Butte, State of California.
13
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
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 26th day of September 2023 by
the following vote:
AYES: Supervisors Connelly, Durfee, Teeter, Ritter and
Chair Kimmelshue.
NOES: None.
ABSENT: None.
ABSTAIN:None.
od Kim+elshue, Chair
Butte C unty Board of Supervisors
(ATTEST:
ANDY PICKETT, Chief Administrative Officer
and Clerk of the Board
14