Butte County Municipal Code Art. VI Park Facility Fees in the Feather River Recreation and Park District

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 Feather River Recreation and Park District 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. 3886, § 2 (part), 10-26-2004)

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 Feather River Recreation and Park District 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 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 plan of the County of Butte, as well as the Feather River Recreation and Park District Development Impact Fee Calculation Report dated May 2003 and revised September 2004, new residential development occurring within said area will create the need to maintain the existing levels of park facilities of at least 2.47 acres of park land, which includes 1.63 acres of developed park facilities, 293.4 square feet of public use facilities and 238.4 square feet of aquatic center facilities for every one thousand (1,000) new residents who will 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 Feather River Recreation and Park District 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 Feather River Recreation and Park District for the acquisition and development of park land and facilities, public use facilities and aquatic center 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 maintain the existing level of park facilities at the 2.47 acres of park land, 1.63 acres of developed park facilities, 293.4 square feet of public use facilities and 238.4 square feet of aquatic center facilities found to be necessary for every one thousand (1,000) new residents who will 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. 3886, § 2 (part), 10-26-2004)

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) Aquatic Center Facilities: The term "Aquatic Center Facilities" shall mean all swimming pools and accompanying locker/utility buildings owned or operated by the Feather River Recreation and Park District.

(b) Community Park Facilities: The term "community park facilities" shall mean any park facilities which are intended to serve the recreational needs of all of the residents and other inhabitants of the Feather River Recreation and Park District. The term "community park facility" shall include sport fields, creekside greenways, trail systems and other lineal park facilities.

(c) 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.

(d) 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.

(e) Feather River Recreation and Park District: The term "Feather River Recreation and Park District" shall mean the area within the existing boundaries of said district, together with any additional area annexed thereto. The "Feather River Recreation and Park District" is generally depicted on the map of the Feather River Recreation and Park District Master Plan.

(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 Feather River Recreation and Park District.

(g) Park Facility: The term "park facility or park facilities" 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 any park and recreational purposes.

(h) Park Facility fees: The term "park facility fees" shall mean fees collected for the acquisition of 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 any park and recreational purposes.

(i) Park Land: The term "park land" shall mean unimproved land.

(j) Park Land Acquisition and Recreation Facilities Development: The term "park land acquisition and recreation facilities development" shall mean the purchasing or buying of any park facility or park facilities 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.

(k) Public Use Facilities: The term "Public Use Facilities" shall mean all those buildings owned or operated by the Feather River Recreation and Park District and available solely to community groups for meetings and other functions. These buildings are often referred to as community centers.

(Ord. No. 3886, § 2 (part), 10-26-2004)

A park facility fee shall be assessed and levied upon any owner of real property located in the unincorporated area of the Feather River Recreation and Park District 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, 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 Feather River Recreation and Park District and if such location is on a space, site or other property on which no other mobilehome was previously located.

(Ord. No. 3886, § 2 (part), 10-26-2004)

The amount of the park facility fee assessed and levied pursuant to the provisions of this 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:

(a) Park Land and Developed Park Facility Fee:

(1) The estimated cost per person of buying 2.47 acres of park land and developing 1.63 acres of park facilities for every one thousand (1,000) new residents in the Feather River Recreation and Park District; multiplied by

(2) The average number of residents per dwelling unit within the Feather River Recreation and Park District, as determined by the most recent federal census or a census taken by the County of Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the California Government Code (commencing with section 40200).

(b) Public Use (Community Center) Facility Fee:

(1) The estimated cost per person of constructing a public use facility based on 293.4 square feet of existing public use facilities for every one thousand (1,000) residents in the unincorporated area of the Feather River Recreation and Park District; multiplied by

(2) The average number of residents per dwelling unit within the Feather River Recreation and Park District, as determined by the most recent federal census or a census taken by the County of Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the California Government Code (commencing with section 40200).

(c) Aquatic Center Facility Fee:

(1) The estimated cost per person of constructing an aquatic center facility based on 238.4 square feet of existing aquatic center facilities for every one thousand (1,000) residents in the Feather River Recreation and Park District; multiplied by

(2) The average number of residents per dwelling unit within the Feather River Recreation and Park District, as determined by the most recent federal census or a census taken by the County of Butte/City of Oroville pursuant to the provisions of Title 4, division 3, part 2, chapter 17, of the California Government Code (commencing with section 40200).

(Ord. No. 3886, § 2 (part), 10-26-2004)

Where park facility fees have previously been paid to the City of Oroville 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. 3886, § 2 (part), 10-26-2004)

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 Feather River Recreation and Park District 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. 3886, § 2 (part), 10-26-2004; Ord. No. 3932, § 5, 3-28-06)

From time to time, the Feather River 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 Feather River Recreation and Park District, 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 of 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 is: (Net percentage change in median home price in applicable zip codes × existing fee) + existing fee = new fee.

(Ord. No. 3886, § 2 (part), 10-26-2004; Ord. No. 3932, § 6, 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 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 Feather River Recreation and Park District; Certification of Payment: Such fees shall be paid to the Feather River Recreation and Park District, which shall certify to the County of Butte, Department of Development Services that the fees have been paid.

(Ord. No. 3886, § 2 (part), 10-26-2004)

All revenues from the park facility fees assessed and levied pursuant to the provisions of this article shall, when received by the Feather River Recreation and Park District, be deposited in a separate park fund thereafter appropriated and used only for the acquisition and/or development of either park land, park facilities, public use facilities or aquatic center facilities in the manner hereinafter provided by this article.

(Ord. No. 3886, § 2 (part), 10-26-2004)

All revenues from the park facility fees assessed and levied pursuant to the provisions of this article and received by Feather River Recreation and Park District and deposited in a separate park fund shall be appropriated by the Feather River Recreation and Park District Board of Directors in a manner consistent with the Development Impact Fee Calculation Report and only for the acquisition and/or development of park land and facilities, public use facilities or aquatic center facilities in the manner hereinafter provided by this article:

(1) Neighborhood park facilities that 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;

(2) Community park facilities that are determined by the board to be of benefit to all persons residing within the Feather River Recreation and Park District;

(3) Public Use (Community Center) Facilities that are determined by the board to be of benefit to all persons residing within the unincorporated territory of the Feather River Recreation and Park District;

(4) Aquatic Center Facilities that are determined by the board to be of benefit to all persons residing within the Feather River Recreation and Park District; or

(5) Park land that is determined by the board to be of benefit to all persons residing within the Feather River Recreation and Park District.

(Ord. No. 3886, § 2 (part), 10-26-2004)

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 Oroville and are or will be operated by the Feather River Recreation and Park District pursuant to the terms and conditions of a lease or other operating agreement between said district and the City of Oroville if, at the time of making such appropriation, the Board of Directors of Feather River 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 park district.

(Ord. No. 3886, § 2 (part), 10-26-2004)

(a) Report by the Feather River Recreation and Park District: Commencing July 1, 2006, and on July 1 of each year thereafter, the Feather River 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 unexpended as of the date of the report.

(b) Action by the Board of Supervisors: Commencing with the fifth fiscal year following the first receipt of any revenues from park facility fees assessed and levied pursuant to the provisions of this article, and every five years thereafter, the board of supervisors, following receipt of the Feather River Recreation and Park District's report, shall make the required findings with respect to any unexpended park facility fee revenues in the park fund as set forth in Government Code Section 66001(d). In the event that the Feather River Recreation and Park District is found not to be diligently expending park facility fee revenues, the board of supervisors may take one of the following actions:

(1) Order the expending of all or any part of such unexpended park facility fee revenues for the acquisition and/or development of community park facilities, neighborhood park facilities, aquatic center facilities or public use facilities in the manner hereinbefore provided by this article;

(2) Make a finding with respect to all or any part of such unexpended 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 unexpended 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 expending 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. 3886, § 2 (part), 10-26-2004)