Butte County Municipal Code Art. IV Park Facility Fees in the Chico Urban Area

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 park facility fee to be assessed and levied upon any owner of real property located in the unincorporated area of the County of Butte within the Chico Urban Area adding one (1) or more dwelling units to such property. Said fee is to be in an amount determined necessary to fund the acquisition and development of park facilities required to serve the cumulative recreational needs of those persons residing in such dwelling units.

(Ord. No. 2750, § 1, 5-23-89)

The board of supervisors makes the following findings and determinations required by section 66001 of the California Government Code in regard to the park facility fees assessed and levied pursuant to the provisions of this article:

(a) Importance of Parks; Increased Need Resulting From New Residential Development: The presence of park facilities within the Chico Urban Area contributes significantly to the beauty and ambience of said area, together with the physical health and emotional well-being of its residents. New residential development occurring within said area will create a need for the acquisition and development of additional park facilities within said area in that the existing park facilities, including Bidwell Park, are insufficient in number, size, location, and the kinds of recreational opportunities which they present to meet the park and recreational needs of both the existing residents of said area plus those additional residents who will eventually inhabit such new residential development. Based on the general plans of the City of Chico and the County of Butte as well as the park and recreation plan prepared for the Chico Area Recreation and Park District, new residential development occurring within said area will create the need for at least five (5) acres of neighborhood and community park facilities, developed primarily for active recreational pursuits, for every one thousand (1,000) new residents who eventually inhabit such new residential development. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the need for the park facilities to be funded with the park facility fees provided for by this article and the residential development upon which such fees are imposed.

(b) Use of Revenues From Fees To Meet Park Needs: All revenues from the park facility fees assessed and levied on new residential development pursuant to the provisions of this article will be used for the acquisition and development of additional park facilities within the Chico Urban Area which will meet the need for such facilities caused by such new residential development. In accordance with the provisions of this article, all such revenues must be deposited in a park fund and thereafter appropriated by the board of directors of the Chico Area Recreation and Park District for the acquisition and development of park facilities of benefit to the persons residing in the residential development upon which the fees are imposed. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the use of the park facility fees provided for by this article and the residential development upon which such fees are imposed.

(c) Fees Do Not Exceed Level Necessary To Meet Need: The park facility fees assessed and levied on new residential development pursuant to the provisions of this article will not exceed that which is necessary to fund the park facilities attributable to the residential development upon which such fees are imposed. In particular, the park facility fees assessed and levied on new residential development will be equal to that necessary to fund the five (5) acres of neighborhood and community park facilities heretofore found to be necessary for every one thousand (1,000) new residents who eventually inhabit such new development. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the amount of the park facility fees provided for by this article and the cost of the park facilities attributable to the new residential development upon which the fees are imposed.

(Ord. No. 2570, § 1, 5-23-89; Ord. No. 2863, § 1, 9-18-90)

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) Bidwell Park: The term "Bidwell Park" shall mean the predominantly natural park conveyed to the City of Chico by Annie E. K. Bidwell pursuant to that certain deed dated July 10, 1905, together with any additions made thereto.

(b) Chico Urban Area: The term "Chico Urban Area" shall mean the area described on first amended exhibit A which is attached hereto and incorporated herein by this reference. Said area is substantially the same as but not identical with that area depicted within the "Urban Growth Boundary" on the map of the Chico Area Recreation and Park District Comprehensive Park and Recreation Plan.

(c) Community Park Facilities: The term "community park facilities" shall mean any park facilities, other than Bidwell Park, which are intended to serve the recreational needs of all of the residents and other inhabitants of the Chico Urban Area. The term "community park facility" shall include creekside greenways, trail systems, and other lineal park facilities.

(d) Congregate Housing and Care: the term "congregate housing and care" shall mean housing which provides living quarters for persons who are fifty-five (55) years of age or older, and, in addition thereto as a part of the lease, rental or purchase agreement, or other terms or conditions of occupancy, also provides, or offers to provide, common recreational facilities or services.

(e) Dwelling Unit: The term "dwelling unit" shall mean any building or mobilehome, or portion thereof, used or designed for use as a residence by an individual or any group of individuals living together as a family.

(f) Neighborhood Park Facilities: The term "neighborhood park facilities" shall mean any park facilities which are intended to serve the recreational needs of only a portion of the residents and other inhabitants of the Chico Urban Area.

(g) Park Facilities: The term "park facilities" or "park facility" shall mean park land and all improvements to such land and the adjoining rights-of-way which are determined necessary for the development and use of the land for park and recreational purposes.

(Ord. No. 2750, § 1, 5-23-89; Ord. No. 2863, § 2, 9-18-90)

A park facility fee shall be assessed and levied upon any owner of real property located in the unincorporated area of the Chico Urban Area adding one (1) or more new dwelling units to such property incident to the construction of a new building on the property, the installation of a mobilehome on the property or connection thereof to utilities, the alteration or construction of an addition to an existing building or mobilehome on the property, or the change in use of a nonresidential building or mobilehome on the property to a residential use. Fees assessed and levied hereunder as to the installation of a mobilehome or the connection of a mobilehome to utilities shall only be assessed and levied at the initial location of said mobilehome in the Chico Urban Area and if such location is on a space, site or other property on which no other mobilehome was previously located.

(Ord. No. 2750, § 1, 5-23-89)

The amount of the basic park facility fee assessed and levied pursuant to the provisions of the article shall be equal to the total number of dwelling units being added to the property multiplied by the park facility fee per dwelling unit established by resolution of the board of supervisors based on the following:

(1) The estimated cost per person of developing a five-acre park facility for every one thousand (1,000) new residents in the Chico Urban Area, as determined, whenever possible, from the most recent park facilities acquired and developed in the Chico Urban Area either by the County of Butte, the City of Chico, or the Chico Area Recreation and Park District; multiplied by

(2) The average number of residents per dwelling unit within the Chico Urban Area, as determined by the most recent federal census or a census taken by the City of Chico pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the California Government Code (commencing with section 40200).

(Ord. No. 2750, § 1, 5-23-89; Ord. No. 2863, § 3, 9-18-90)

Where park facility fees have previously been paid to the City of Chico as to the real property upon which the dwelling units are to be added, the owner of said real property shall be entitled to a credit in the amount thereof against the fees owing pursuant to this article.

(Ord. No. 2750, § 1, 5-23-89)

Notwithstanding any provisions of this Article to the contrary, a park facility fee shall not be assessed and levied upon an owner of real property located in the Chico Urban Area adding one (1) or more dwelling units to such property under the following circumstances:

(a) Where the dwelling unit is within a building owned by a governmental agency;

(b) Where the dwelling unit is within a building which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number of dwelling units in such reconstructed building is no greater than the number of dwelling units in the building prior to such damage, destruction, or demolition;

(c) Where the dwelling unit is within, a part of, or affiliated with a facility used primarily for the congregate housing and care of persons who are fifty-five (55) years of age or older;

(d) Where the structure is a temporary mobilehome as described in Butte County Code Section 24-295.

(Ord. No. 2750, § 1, 5-23-89; Ord. No. 3932, § 1, 3-28-06)

From time to time, the Chico Area Recreation and Park District may submit documentation substantiating that there has been an increase in the cost of acquiring and/or developing park facilities within the Chico Urban Area, and requesting an increase in the park facility fees assessed and levied pursuant to the provisions of this article. The Board of Supervisors may increase this fee, in an amount proportional to the increase in such costs. The determination of whether there has been an increase in the cost of acquiring and/or developing such park facilities and the amount of the increase in the park facility fee, which is proportional to the increase in such costs, shall be made by the Board of Supervisors based on the following:

(a) Information regarding the increase in the cost of acquiring and developing park facilities (other than the cost of acquiring park land): 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 - San Francisco") (based on 1913 U.S. average = 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 park facility 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) × existing fee = new fee.

(b) Information regarding the increase in the cost of acquiring park land: The net percentage change in the median home price pertaining to zip codes in the unincorporated areas of the district between the date of such increase and the effective date of the ordinance codified in this section or any prior increase in the park land fees made pursuant to the provision of this section.

The formula for adjusting the park land fee is: (Net percentage change in median home price in applicable zip codes × existing fee) + existing fee = new fee.

(Ord. No. 2750, § 1, 5-23-89; Ord. No. 3932, § 2, 3-28-06)

(a) Time of payment: The park facility fees assessed and levied pursuant to the provisions of this article shall be due and payable prior to:

(1) The issuance of a building permit for the construction of any new building in which such dwelling unit is to be located or for the alteration or construction of an addition to any existing building or mobilehome in which such dwelling unit is to be located, or for the change in use of a nonresidential building or mobilehome to a residential use;

(2) The issuance of an installation or utility connection permit for a mobilehome in which such dwelling unit is to be located; or

(3) The occupation of such dwelling unit.

(b) Payment to Chico Area Recreation and Park District; Certification of Payment: Such fees shall be paid to the Chico Area Recreation and Park District, which shall certify to the County of Butte, Department of Public Works Building Division that the fees have been paid.

(Ord. No. 2750, § 1, 5-23-89)

All revenues from the park facilities fees assessed and levied pursuant to the provisions of this article shall, when received by the Chico Area Recreation and Park District, be deposited in a separate park fund, and thereafter appropriated and used only for the acquisition and/or development of either community park facilities or neighborhood park facilities in the manner hereinafter provided by this article.

(Ord. No. 2750, § 1, 5-23-89)

All revenues from the park facility fees assessed and levied pursuant to the provisions of this article and received by Chico Area Recreation and Park District and deposited in a separate park fund shall be appropriated by the Chico Area Recreation and Park District Board of Directors in a manner consistent with the comprehensive Park and Recreation Plan of the Chico Area Recreation and Park District and only for the acquisition and/or development of:

(1) Neighborhood park facilities which are determined by said board to be of benefit to all persons residing within the zone of benefit established for the neighborhood park for which fees were paid; in making such determination, said board may consider the special recreational needs, if any, of those persons residing within said zone of benefit; or

(2) Community park facilities which are determined by the board to be of benefit to all persons residing within the unincorporated territory of the Chico Urban Area.

(Ord. No. 2750, § 1, 5-23-89)

All or any part of the revenues from the park facility fees assessed and levied pursuant to the provisions of this article may be appropriated in the manner hereinbefore provided by this article for the purpose of acquiring and/or developing community or neighborhood park facilities which are owned by the City of Chico and are or will be operated by the Chico Area Recreation and Park District pursuant to the terms and conditions of a lease or other operating agreement between said district and the City of Chico if, at the time of making such appropriation, the Board of Directors of Chico Area Recreation and Park District has determined that the use of such revenues for such purpose will serve the best interests of the residents of the unincorporated area of the Chico Urban Area.

(Ord. No. 2750, § 1, 5-23-89)

(a) Report by the Chico Area Recreation and Park District: Commencing July 1, 1990, and on July 1 of each year thereafter, the Chico Area Recreation and Park District shall provide the board of supervisors with a report which sets forth the total amount of all park facility fee revenues that were received and deposited in the park fund in each fiscal year prior to the date of such report, the disbursements from said fund, and the amount which remains unappropriated as of the date of the report.

(b) Action by the Board of Supervisors: Commencing with the fourth fiscal year following the first year of receipt of any revenues from park facility fees assessed and levied pursuant to the provisions of this article, and in each fiscal year thereafter, the board of supervisors, following receipt of the Chico Area Recreation and Park District's report, shall take one of the following actions with respect to any unappropriated park facility fee revenues in the park fund which were received and deposited in such fund four (4) or more years prior to the date of such report:

(1) Order the appropriation of all or any part of such unappropriated park facility fee revenues for the acquisition and/or development of community park facilities and/or neighborhood park facilities in the manner hereinbefore provided by this article;

(2) Make a finding with respect to all or any part of such unappropriated park facility 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 they were charged; or

(3) Order the refund of all or any part of such unappropriated park facility 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 park facility fee revenues exceed the amount to be refunded, the board of supervisors, after considering the matter at a public hearing, notice of which is given in the manner provided for by section 66001(e) of the California Government Code, may order the appropriation of such revenues for any other facility 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 park facility fees were paid.

(Ord. No. 2750, § 1, 5-23-89)