Butte County Municipal Code Art. XIX Development Impact Fees for General Government Facilities—Countywide

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Editor's note— Ord. No. 4065, § 1, adopted October 8, 2013, repealed and replaced art. XIX, §§ 3-190—3-204, in its entirety. Former art. XIX pertained to development impact fees for general government facilities in the unincorporated and incorporated areas of Butte County and was derived from Ord. No. 3498, § 1, adopted December 14, 2004; Ord. No. 3894, § 1, adopted December 14, 2004; Ord. No. 3912, §§ 3—5, adopted August 30, 2005; Ord. No. 3926, § 2, adopted February 14, 2006; Ord. No. 3948, § 2, adopted December 12, 2006; Ord. No. 3976, §§ 3, 4, adopted January 29, 2008; Ord. No. 3997, § 3, adopted February 24, 2009 and Ord. No. 4017, § 3, adopted March 16, 2010.

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 development impact fees for general government facilities upon the owners of real property located in the unincorporated and incorporated areas of Butte County, adding or expanding one (1) or more residential or nonresidential units to such property, in an amount sufficient to defray the cost of acquiring, developing or improving general government facilities made necessary to serve the additional facilities needs arising from an increase or change in the use of such property. As used in this article, general government facilities support services provided by the following department or divisions: Administration, Assessor, Auditor-Controller, Board of Supervisors, Clerk-Recorder, Communications, County Counsel, Elections, General Services, Geographic Information Systems, Human Resources, Information Systems, Office of Emergency Management, Treasurer-Tax Collector, and Water and Resource Conservation.

(Ord. No. 4065, § 1, 10-8-13)

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 Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, projects increases in population, housing units and jobs over a twenty-three (23) year period, from 2012 to 2035. It projects that population will increase by forty-three (43) percent, housing units will increase by forty-two (42) percent, and jobs will increase by fifty-seven (57) percent. As result, there will be new residential or nonresidential development occurring within Butte County that will create a need for the acquisition, development or improvement of general government facilities. Over time, existing general government facilities will become insufficient in number, size and location to meet the needs of new residential or nonresidential development. Based on the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, new residential or nonresidential development occurring within Butte County will create the need for an additional twenty-five thousand (25,000) square feet of space of general government facilities in the unincorporated and incorporated areas of Butte County to serve new development through the planning horizon of 2035.

(b) Use of Revenues From Fees to Meet General Government Facilities Needs. All revenues from the development impact fees authorized and levied on new residential or nonresidential development pursuant to the provisions of this article will be used for the acquisition, development or improvement of general government facilities and equipment within the unincorporated and incorporated area of Butte County, which will meet the need for such facilities and equipment caused by such new residential or nonresidential development. In accordance with the provisions of this article, all such revenues must be deposited into a general government facilities account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of general government facilities and equipment, of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed. General government facilities will include office, maintenance and storage space, as well as the land necessary to expand these facilities. General government capital projects would be needed to support future growth, including reconfiguring existing space and the construction of new facilities. These projects will include improving, expanding, relocating, demolishing, renovating or rehabilitating general government facilities.

(c) Fees Do Not Exceed Level Necessary to Meet Need. The development impact fees authorized and levied on new residential or nonresidential development, pursuant to the provisions of this article, will not exceed that which is necessary to fund the general government facilities attributable to the new residential or nonresidential development upon which such fees are imposed. In particular, the development impact fees authorized and levied on new residential or nonresidential development will be equal to that necessary to fund an additional twenty-five thousand (25,000) square feet of general government facilities made necessary by the increase in population, housing units and jobs that will eventually occur in Butte County by the year 2035.

(d) Appropriateness of Development Impact Fees. Due to the projected increase in population, housing units and jobs, 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 acquisition, development or improvements of general government facilities within the unincorporated and incorporated area of Butte County made necessary by the increases in population, housing units and jobs.

(f) General Government Facilities Identified. The facilities that will be financed wholly or in part by the fees include, but are not limited to, those types of facilities, facilities improvements and associated furniture, fixtures and equipment identified in the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012 and/or those facilities, facilities improvements and associated furniture, fixtures and equipment identified in the capital improvement plan approved by the board of supervisors entitled the Butte County Capital Improvement Program, and those facilities, facilities improvements and associated furniture, fixtures and equipment made necessary by the increases in population, housing units and jobs.

(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 3-193, 3-194 and 3-200.

(h) Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the general government 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 3-193 and 3-194.

(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 general government 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, Section 3-194, and chapter 2 and chapter 5 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4065, § 1, 10-8-13)

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) 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/Community Services shall mean all commercial and retail uses including restaurants, banks, car sales, laundromats, salons, service stations, nurseries, department stores, auditoriums, small assemblies, churches, indoor sporting, theaters, community facilities, and visitor-serving lodging facilities (hotels, motels, etc.).

(2) General Office shall mean all general professional and medical office development including medical and dental offices, corporate headquarters, single tenant, office parks, research and development centers, and business parks.

(3) Industrial shall mean all industrial uses including manufacturing, woodworking, light and heavy industrial, automotive and aircraft repair, industrial parks, and all warehousing and distribution uses including parking garages, aircraft hangers, and hazardous storage.

(4) Institutional shall mean all hospitals and clinics, all care facilities including nursing homes, assisted living, and group or day care centers, and all education facilities including preschools, private schools and colleges. Excludes public uses.

(5) Low Intensity shall mean all uses not included in other categories, including mini and seasonal storage facilities, outdoor recreation, outdoor arenas, amusement parks, mining, seasonal agricultural uses and utility facilities.

(c) Residential Units shall mean the following:

(1) Single Family which includes detached single family units, attached single family units, factory-built homes, and accessory dwelling units, but does not include guest houses.

(2) Multi-family which includes units in multi-family buildings (comprised of two or more units), and manufactured homes/mobile homes, but excluding group quarters such as dormitories, nursing homes, correctional facilities, etc.

(Ord. No. 4065, § 1, 10-8-13; Ord. No. 4197, § 7, 1-12-21)

General government facilities development impact fees 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 or expanding one (1) or more residential or nonresidential units to such property, or the change in use of a nonresidential building or mobile home on the property to a residential use, or the change in use of a residential building to any use other than residential.

(Ord. No. 4065, § 1, 10-8-13)

The amount of development impact fees for general government facilities authorized and levied pursuant to the provisions of this article shall be as specified in the Impact Fee Resolution adopted by the board of supervisors.

The Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, shall be referenced for general calculation of the levied fees.

(Ord. No. 4065, § 1, 10-8-13)

From time to time, county staff may submit documentation substantiating that there has been an increase in the cost of acquiring, developing, or improving general government facilities within the unincorporated and incorporated area of Butte County, and requesting an increase in the general government facilities 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 the cost of acquiring, developing or improving such general government facilities and the amount of the increase in the general government facilities fees 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 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.

(Ord. No. 4065, § 1, 10-8-13)

Where general government facilities fees have previously been paid in whole or in part as to the real property upon which the structures are to be added or expanded, 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. 4065, § 1, 10-8-13)

Notwithstanding any provisions of this article to the contrary, general government facilities fees shall not be authorized and levied upon an owner of real property located in the unincorporated or incorporated area of Butte County adding or expanding 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 size in such reconstructed structure is no greater than the number of structures or size of 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 Chapter 2, Article XVI.5.

(Ord. No. 4065, § 1, 10-8-13; Ord. No. 4197, § 7, 1-12-21)

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 interest 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.

(Ord. No. 4065, § 1, 10-8-13)

When, as a condition of approval of a development project: 1) construction of general government facilities or facilities improvements are required as part of the approval process for the project; and 2) those requirements have been imposed upon the developer and recorded in a development agreement with the County; and 3) the value of those facilities and/or improvements exceeds the general government facilities development impact fees that would have been levied on the subject properties, development impact fees will not be imposed or collected on the subject properties. This action constitutes an in-lieu payment of fees and does not constitute an exception or waiver of the required fees.

(Ord. No. 4065, § 1, 10-8-13)

(a) Time of Payment. The general government facilities 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, 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.

(Ord. No. 4065, § 1, 10-8-13)

All revenues from the general government facilities 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 general government facilities account thereafter appropriated and used only for the acquisition, development or improvement of general government facilities in the manner hereinafter provided by this article. An authorized administrative fee shall be deposited into a separate impact fee administration account.

(Ord. No. 4065, § 1, 10-8-13)

All revenues from the general government facilities 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 board of supervisors in a manner consistent with the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, and the Butte County Capital Improvement Program approved by the board of supervisors and only for the acquisition, development or improvement of those general government facilities made necessary by anticipated increases in population, housing units and jobs.

(Ord. No. 4065, § 1, 10-8-13)

(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 general government 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 chief administrative officer's report, shall make the required findings with respect to any unexpended general government facilities fee revenues in the general government facilities account as set forth in Government Code Section 66001(d). In the event that the general government facilities 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 general government facilities fee revenues for the acquisition, development or improvement of general government facilities in the manner herein before provided by this article;

(2) Make a finding with respect to all or any part of such unexpended general government 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 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 general government 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 general government 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 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 general government facilities fees were paid.

(Ord. No. 4065, § 1, 10-8-13)

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 general government facilities.

(Ord. No. 4065, § 1, 10-8-13)

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.

(Ord. No. 4065, § 1, 10-8-13)

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.

(Ord. No. 4065, § 1, 10-8-13)