Butte County Municipal Code Art. XI Drainage Impact Fees

* Cross references—Drainage fee, § 26-16 et seq.; flood hazard prevention, § 26-20 et seq.

This article is enacted pursuant to Article 1, Section 1 of the Butte County Charter and Article XI, Section 7 of the California Constitution for the purpose of assessing and levying drainage impact fees upon the owners of real property located in specific benefit areas, in amounts sufficient to defray the cost of improvements to drainage facilities therein made necessary by an increase to or any change in the use of such property.

(Ord. No. 3304, § 1, 12-10-96)

The Board of Supervisors makes the following findings and determinations required by Section 66001 of the California Government Code in regard to the fees assessed and levied pursuant to the provisions of this article:

(a) Thermalito Drainage Study and fees.

(1) The 1979 Thermalito Drainage Study was adopted by the Board of Supervisors on October 21, 1980, by Ordinance No. 2154. The study established the location, size and priority of construction which would resolve drainage problems in the Thermalito area; and

(2) The Board of Supervisors adopted the drainage fees established in the study by Resolution 82-106 and, based on public comment, adjusted the development fee by Resolution 82-173;

(3) The fees were adjusted by the Board of Supervisors on August 7, 1990, by Resolution 90-123, based on the ratio of: the July 1990 ENR CCI (formerly "Engineering News Record Construction Cost Index") value of 4734.77 divided by the 1979 ENR CCI rounded down to the nearest five dollars ($5.00) [the current method of adjustment is set forth in section 3-103 of this article];

(4) The fees were again adjusted and placed in the Butte County Code by Ordinance 3304, adopted December 10, 1996, as well as subsequent ordinances as indicated in parentheses after section 3-103;

(5) Said fees have been kept in a separate fund specifically for drainage improvements in the Thermalito area;

(6) The 2010 Update of the Thermalito Master Drainage Plan is hereby adopted by the Board of Supervisors. Said plan establishes the location, size, and type of construction which will resolve drainage problems in the Thermalito area; and

(7) The Board of Supervisors adopts the drainage fees established in the nexus study for the 2010 Update of the Thermalito Master Drainage Plan as modified herein in section 3-103.

(b) Chico Storm Drainage Master Plan.

(1) The August 1987 Preliminary Storm Drainage Master Plan and September 1997 Addendum were adopted by Resolution of the City of Chico, September 5, 2000. Said Storm Drainage Master Plan and Addendum establish the location, size and priority of construction for drainage facilities which would resolve potential and existing drainage problems in the Chico area;

(2) The storm drainage facilities identified in said plan serve properties in the incorporated as well as unincorporated areas within the Chico Urban Area;

(3) A coordinated effort between the City of Chico and County of Butte is necessary in order to construct these inter-jurisdictional drainage fees; and

(4) The fees for construction of the drainage facilities within each identified drainage basin are established in the Plan and adjusted by the Addendum and subsequent adjustments based on nexus studies by the City of Chico.

(c) It is in the best interest of the public to have said fees reviewed annually and adjusted as necessary to insure there are sufficient funds to install the required facilities.

(d) The Board of Supervisors hereby finds that the fees amended and adopted by this article do not exceed the estimated reasonable cost of recovering the actual expenses for the construction of the drainage facilities specified by the adopted plans and necessitated by the new development upon which such fees will be imposed. The Board further finds that there is a reasonable relationship between said fees and the cost of the drainage facilities needed by and attributable to said new development.

(e) The drainage fees imposed pursuant to this article will be collected for public improvements or facilities for which specific accounts have been established and funds appropriated and for which the county has adopted drainage facilities plans.

(Ord. No. 3304, § 1, 12-10-96; Ord. No. 3903, § 1, 3-1-05; Ord. No. 3927, § 2 (part), 2-14-06; Ord. No. 4026A, § 2, 12-14-10)

Drainage impact fees are hereby assessed and levied upon the owners of real property located in the unincorporated area of the County of Butte within the Thermalito Drainage Area and within the Chico Storm Drainage Master Plan Area in the amounts specified in section 3-103 below and payable prior to the occurrence of any of the following events affecting such property:

(a) The construction of a new enclosed building on such property;

(b) An addition to an existing enclosed building on such property which results in an expansion of the floor area by fifty (50) percent or more;

(c) A change or expansion in the use of such property or any enclosed building located thereon which results in an increase in the storm drainage generated by the use of the property or any enclosed building located thereon and which requires the issuance of a county permit; or

(d) The filing of a final subdivision map or parcel map dividing such property.

(Ord. No. 3304, § 1, 12-10-96; Ord. No. 3903, § 1, 3-1-05; Ord. No. 3910, § 1, 6-14-05)

(a) Rationale for fee amounts for the Thermalito Drainage Area. The drainage impact fees specified below have been determined based upon the estimated costs of the facilities necessary to provide drainage for the specified areas as determined by the 2010 Update of the Thermalito Master Drainage Plan.

Table 1—Maximum drainage fee—Larger than one (1) acre parcels (Update to the Thermalito Master Drainage Plans)

Table 2—Maximum drainage fee—Parcels that cover one (1) acre or less (Update to the Thermalito Master Drainage Plans)

* Rural Residential and Very Low Density Residential both assume one (1) unit per acre.

From time to time, adjustment will be made based on 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 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) × existing fee = new fee.

The most recent amount on the index, dated November 2010, is 10,123.54.

(b) Chico Storm Drainage Master Plan. All owners or developers of property located within the Chico Storm Drainage Master Plan Area shall pay storm drainage fees prior to issuance of a building permit for an enclosed building or upon a change in use of the property. Such fees shall be based on the drainage basin in which the development is located and shall be calculated by applying the acreage, or portion thereof, for each particular development or change in use to the per acre fees set forth in the table below. Fees will be collected as follows:

Parcels with no permitted enclosed building(s) or structures (vacant land) with a net acreage of one (1) acre or less—full fees will be collected based on the size of the parcel. Fee to be the sum of the per acre cost times the area of the parcel in acres.

Parcels with no permitted enclosed building(s) or structures (vacant land) with a net acreage of more than one (1) acre—full fees will be collected based on the area being improved as calculated by the Department of Public Works, provided that the minimum acreage amount shall in no case be less than one (1) acre. Fee to be the sum of the Per Acre Cost times the area of the area being improved in acres.

Parcels with existing permitted enclosed building(s) or structures—full fees will be collected based on the area being improved as calculated by the Department of Public Works. Fee to be the sum of the Per Acre Cost times the area of the area being improved in acres.

Improvement and the area being improved, is defined for this section as new: enclosed building(s); driveways; sidewalks; parking; landscaping; and any other site development requirement necessary for construction of the new enclosed building(s).

Credits against Chico Storm Drainage Master Plan Facility Fees. In determining the storm drainage facility fees, for construction of storm drainage facilities as identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, to be assessed and levied upon the owner of residential or nonresidential property pursuant to the provisions of this chapter at the time the owner of such property commences to use the property for a residential or nonresidential purpose, expands the area of the property devoted to an existing residential or nonresidential use, or changes the use of the property to a different use, the owner of the property shall be entitled to one (1) or more of the following credits against such fee; provided, however, that no such credit or credits shall exceed the amount of such fee, nor shall any credit or credits be transferable from one (1) property to another property.

A. Where the owner of the property constructs and installs a portion of the off-site drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, which would be necessary to collect the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or an existing public drainage channel, detain and/or treat the stormwater runoff where necessary and dispose of the stormwater runoff in such stream or drainage channel in a manner provided for or authorized by this code and the Improvement Standards adopted pursuant thereto, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the reasonable actual costs of the collector/outfall, peak attenuation and/or water quality facilities.

B. Where the owner of the property is changing the use of the property to a different use having a runoff coefficient which is greater than the runoff coefficient for the property when devoted to its previous use, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation and water quality portions of the storm drainage fees which would have been assessed and levied pursuant to the provisions of this chapter for such previous use.

C. Where the property is or was located within an assessment district formed for a purpose which included construction and installation of a portion of the storm drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, necessary to collect, treat and/or detain the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or a public drainage channel and dispose of the stormwater runoff in such stream or drainage channel, and where the owner of the property is commencing to use the property for a use which has the same runoff coefficient as the existing or assumed use of the property at the time an assessment was levied against the property as part of the assessment district proceedings, then the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to that portion of the assessment levied against the property as part of the assessment district proceedings reasonably attributable to the property's fair share of the cost of the collector/outfall, peak attenuation and water quality portion of the storm drainage facilities constructed as part of the assessment district proceedings.

D. Where the property is located within an assessment district formed for a purpose which included construction and installation of all or a portion of the storm drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, necessary to collect, treat and/or detain the runoff from stormwater falling on the property, transport such stormwater runoff to a natural stream or public drainage channel and dispose of the stormwater runoff in such stream or drainage channel, and the owner of the property is commencing to use the property or changing the use of the property to a use which has a runoff coefficient which is greater than the existing or assumed runoff coefficient for the property at the time an assessment was levied against the property as part of the assessment district proceedings, then the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the storm drainage fees which would have been assessed and levied pursuant to the provisions of this chapter for the existing or assumed use of the property at the time an assessment was levied against the property as part of the assessment district proceedings, or that portion of the assessment levied against the property as part of the assessment district proceedings which is reasonably attributable to the property's fair share of the cost of the collector/outfall, peak attenuation and water quality portion of the storm drainage facilities constructed and installed as part of the assessment district proceedings, whichever is less.

E. Where the owner of the property reconstructs a building or structure located on the property which was damaged or destroyed by fire or other casualty or which was voluntarily demolished during the prior three-year period, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter. However, if the owner of the property expands the area of the property devoted to a residential or nonresidential use incident to the reconstruction of such building or structure, storm drainage facility fees shall be assessed and levied upon the owner of the property for all additional area of the property devoted to such residential or nonresidential use.

F. Where the owner of the property constructs and installs all of the on-site storm drainage facilities necessary to retain and dispose of one hundred percent (100%) of the stormwater falling on the property, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the peak attenuation, and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter, all in the manner provided for or authorized by this code.

G. Where the owner of such property constructs and installs all of the off-site storm drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, necessary to collect the runoff from stormwater falling on such property, transport all such stormwater runoff to a natural stream or an existing public drainage channel, treat and/or detain the stormwater runoff where necessary and dispose of the stormwater runoff in such stream or drainage channel, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter, all in the manner provided for or authorized by this code.

H. Where the owner of the property is changing the use of the property to a different use having runoff coefficient equal to or less than the runoff coefficient for the property when devoted to its previous use, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an amount equal to the collector/outfall, peak attenuation and water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter.

I. Where the property is or was located within an assessment district formed for a purpose which included construction and installation of all storm drainage facilities, identified in the adopted Chico Master Drainage Plan as set forth in Butte County Code Section 20-210, necessary to collect, treat and/or detain runoff from the stormwater falling on the property and transports all such stormwater runoff to a natural stream or an existing public drainage channel and disposes of such stormwater runoff in such stream or drainage channel, provided the owner of the property is not proposing to develop the property in a manner or at a density which increases the runoff coefficient for the property above the runoff coefficient used in designing the drainage facilities constructed and installed as part of the assessment district, the owner of the property shall be entitled to a credit against the storm drainage facility fees assessed and levied pursuant to the provisions of this chapter in an. amount equal to the collector/outfall, peak attenuation and/or water quality portions of the storm drainage facility fees which would have been assessed and levied pursuant to the provisions of this chapter.

(Ord. No. 3304, § 1, 12-10-96; Ord. No. 3903, § 1, 3-1-05; Ord. No. 3910, § 1, 6-14-05; Ord. No. 3927, § 2 (part), 2-14-06; Ord. No. 3951, § 1, 1-9-07; Ord. No. 3977, § 1, 1-29-08; Ord. No. 3999, § 1, 2-24-09; Ord. No. 4026A, § 3, 12-14-10)