Butte County Municipal Code Art. II Development Impact Fees for Jail Facilities in the Unincorporated and…

This article is enacted pursuant to Article I, Section 1 of the Butte County Charter, Article XI, Section 7 of the California Constitution, and Section 66000 and following of the Government Code for the purpose of authorizing and levying jail facilities fees upon the owners of real property located in all parts of Butte County, to include both the unincorporated and incorporated areas, adding one (1) or more new residential units to such property, in an amount sufficient to defray the cost of providing jail facilities made necessary to serve the additional jail needs arising from an increase or change in the use of such property.

(Ord. No. 3967, § 1 (part), 7-10-07)

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) Increased Need Resulting from New Development. The Jail Impact Fee Study dated June 21, 2007, relies on figures from the Butte County Association of Governments and the California Department of Finance to project increases in population over a twenty (20) year period, from year 2007 to 2036. It projects that population will increase by two (2) percent annually. As a result, there will be new residential development occurring within Butte County that will create a need for the development of additional jail facilities. Over time, existing jail facilities will become insufficient in size and capacity to meet the needs of new residential development. Based on the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment dated September 2006, new residential development occurring within Butte County will create the need for additional jail facility capacity.

(b) Use of Revenues from Fees to Meet Jail Facilities Needs. All revenues from the development impact fees authorized and levied on new residential development pursuant to the provision of this article will be used for the acquisition and development of additional jail facilities within the unincorporated and incorporated area of Butte County 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 jail facility account and thereafter appropriated by the Board of Supervisors for the acquisition and development of jail facilities including the design, engineering, construction, land acquisition costs, furniture, fixtures and equipment for the expanding facilities.

(c) Fees do not Exceed Level Necessary to Meet Need. The development impact fees authorized and levied on new residential development pursuant to the provisions of this article will not exceed that which is necessary to fund the jail facilities attributable to the new residential development upon which such fees are imposed. In particular, the development impact fees authorized and levied on new residential development will be equal to that necessary to fund additional jail facilities for the increase in population and residential development that will eventually occur in Butte County by year 2036.

(d) Appropriateness of Development Impact Fees. Due to the projected increase in population, development impact fees are the only equitable way for new development to contribute to maintaining existing levels of service.

(e) Purpose of Fees. The purpose of the fees authorized and levied by this article is to defray the cost of improvements to the jail facilities made necessary by the anticipated increase in population.

(f) Facilities Identified. The facilities that will be financed wholly or in part by the fees are those identified in the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment dated September 2006.

(g) 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, including, but not limited to, Sections 3-13 and 3-14.

(h) Relationship between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the jail facilities and the type of development project on which the fees are imposed, as set forth in the provisions of this article, including, but not limited to, Sections 3-13 and 3-14.

(i) Relationship between Amount of Fees and Cost of Facilities. There is a reasonable relationship between the amount of the fees and the cost of the jail facilities or portions thereof attributable to the development on which the fees are imposed, as set forth in the provisions of this article, including, but not limited to, Sections 3-13 and 3-14 and the Jail Impact Fee Study dated June 21, 2007.

(Ord. No. 3967, § 1 (part), 7-10-07)

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) "Single-Family Home" is as defined in Butte County Code Section 24-304 and includes duplex home as defined in Butte County Code Section 24-304, as well as pre-fabricated homes. It also includes Accessory Dwelling Units as defined in Butte County Code Section 24-304, but not Guest House as defined in Butte County Code Section 24-304.

(b) "Multiple-Family Housing" is as defined in Butte County Code Section 24-304.

(c) "Mobile Home" is as defined in Butte County Code Section 24-304 and includes modular home, as well as manufactured housing as defined in Butte County Code Section 24-304.

(d) "Chargeable Space" shall mean all of the covered and enclosed space determined to be within the perimeter of a commercial, industrial, office or school structure, not including any parking structure. The determination of the chargeable space, to be expressed in the number of square feet, shall be made by the Building Division of the Development Services Department of the County, in accordance with the standard practice of the County.

(e) "Development" shall mean any project undertaken for the purpose of development, and includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

(f) "Dwelling Unit" shall mean any building or mobile home, or portion thereof, used or designed for use as a residence by an individual or any group of individuals living together as a family.

(g) "More Intensive Use" shall mean a land use on a particular parcel of real property or any part thereof which, as compared to the previous land use, involves: more residents, employees, students, occupants, participants or other persons onsite; the generation of more vehicular traffic to and from the site; or any condition or combination of conditions which create a greater need for jail facilities.

(Ord. No. 3967, § 1 (part), 7-10-07; Ord. No. 4197, § 6, 1-12-21)

A jail facilities development impact fee shall be authorized and levied upon any owner of real property located in the unincorporated and incorporated area of Butte County, with the fee to be collected in the incorporated area by each respective municipality through an agreement with Butte County, adding one (1) or more residential units to such property incident to the construction of a new building on the property, the installation of a mobile home or factory-built home on the property or connection thereof to utilities, or change of any use of a building that is other than residential on the property to a residential use. Fees authorized and levied hereunder as to the installation of a mobile home or factory-built home or the connection of a mobile home or factory-built home to utilities shall only be authorized and levied at the initial location of said mobile home or factory-built home in the unincorporated or incorporated area of Butte County and if such location is on a space, site or other property on which no other mobile home or factory-built home was previously located.

(Ord. No. 3967, § 1 (part), 7-10-07)

The amount of impact fees for jail facilities authorized and levied pursuant to the provisions of this article shall be as follows:

For calculation of the above fees, see the Jail Impact Fee Study dated May 31, 2007. The most recent amount on the index, dated December 2009, is 9,722.17.

(Ord. No. 3967, § 1 (part), 7-10-07; Ord. No. 3997, § 1, 2-24-09; Ord. No. 4017, § 1, 3-16-10)

From time to time, county staff may submit documentation substantiating that there has been an increase in the cost of acquiring and/or developing jail facilities within the unincorporated and incorporated area of Butte County, and requesting an increase in the jail facilities fee authorized 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 jail facilities and the amount of the increase in the jail facilities 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 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 fee 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.

(Ord. No. 3967, § 1 (part), 7-10-07)

Where jail facilities fees have previously been paid in whole or in part as to the real property upon which the structures are to be added, the owner of said real property shall be entitled to a credit or partial credit for the amount paid against the fees owing pursuant to this article. Such fees may previously have been paid to another jurisdiction or to Butte County where such fees have been paid for a use that is being converted to a different or more intensive use.

(Ord. No. 3967, § 1 (part), 7-10-07)

Notwithstanding any provisions of this article to the contrary, a jail facilities fee shall not be authorized and levied upon an owner of real property located in the unincorporated or incorporated area of Butte County adding or enlarging one (1) or more structures to such property or converting the use thereof to a more intensive use under the following circumstances:

(a) Where the structure is owned by a governmental agency;

(b) Where the structure is a building, or 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 structures or the amount of chargeable space in such reconstructed structure is no greater than the number of structures or the amount of chargeable space in the structure prior to such damage, destruction or demolition;

(c) Where a use is a nonresidential use and the structure is located within the Oroville Enterprise Zone as described in Butte County Code Chapter 2, Article XVI.5;

(Ord. No. 3967, § 1 (part), 7-10-07; Ord. No. 4197, § 7, 1-12-21)

(a) Time of Payment. The jail facilities fee authorized 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 residential building, or for the change in use of a nonresidential building or mobile home to a residential use;

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

(3) The occupation of such dwelling unit.

(b) Such fee shall be paid to the County of Butte, Department of Development Services, Building Division, in the amount specified in Section 3-14.

(Ord. No. 3967, § 1 (part), 7-10-07)

All revenues from the jail facilities fee authorized and levied pursuant to the provisions of this article shall, when received by the County of Butte, be deposited in a separate jail facilities account thereafter appropriated and used only for the acquisition and/or development of jail facilities or land in the manner hereinafter provided by this article.

(Ord. No. 3967, § 1 (part), 7-10-07)

All revenues from the jail facilities fee authorized and levied pursuant to the provisions of this article and received by the County of Butte, Department of Development Services, Building Division, and deposited in a separate account pursuant to this article shall be appropriated by the Board of Supervisors in a manner consistent with the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment dated September 2006 and only for the acquisition and/or development of those jail facilities identified in these plans.

(Ord. No. 3967, § 1 (part), 7-10-07)

(a) Within one hundred eighty (180) days after the last day of each fiscal year the Auditor/Controller of the County of Butte shall provide to the Board of Supervisors a report regarding each separate account 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 jail facilities 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 Auditor/Controller's report, shall make the required findings with respect to any unexpended jail facilities fee revenues in the jail facilities account as set forth in Government Code Section 66001(d). In the event that the jail facilities fee revenues are found not to have been diligently expended, the Board of Supervisors may take one (1) of the following actions:

(1) Order the expending of all or any part of such unexpended jail facilities fee revenues for the acquisition and/or development of jail facilities in the manner hereinbefore provided by this article;

(2) Make a finding with respect to all or any part of such unexpended jail facilities 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 jail facilities 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 jail facilities 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 Government Code Section 66001(f), 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 jail facilities fees were paid.

(Ord. No. 3967, § 1 (part), 7-10-07)

The provisions of this article shall not relieve the owner of any real property located within the county, both the incorporated and unincorporated areas, from the obligation of complying with any requirements that are imposed pursuant to other provisions of this code, state law or federal law at the time of approval of a subdivision map, parcel map, building permit or other land use entitlement regarding the funding of jail facilities.

(Ord. No. 3967, § 1 (part), 7-10-07)

As a condition of approval of tentative subdivision maps, final maps shall contain a notation with regard to the imposition of the development impact fees for jail facilities. The notation shall include information to the effect that a development impact fee for jail facilities will be required at the time of the issuance of a building permit and that such fee will be determined and calculated as of the date of application for the building permit, as opposed to the time of the filing of the final map or issuance of the use permit.

(Ord. No. 3967, § 1 (part), 7-10-07)

A processing fee covering the collection, handling, and accounting of the development impact fees collected pursuant to this article will be charged and set by resolution.

(Ord. No. 3967, § 1 (part), 7-10-07)