Butte County Municipal Code Art. XVII Development Impact Fees in the North Chico Specific Plan Area

* Editor's note—Ord. No. 3841, § 1, adopted December 10, 2002, amended this Code by adding provisions designated as Chapter 3, Article XVI, §§ 3-150—3-160. Since there was already a Chapter 3, Article XVI added by Ord. No. 3824, § 1, adopted July 23, 2002, pursuant to the county's instructions said provisions have been designated as Chapter 3, Article XVII.

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 development impact fees in the North Chico Specific Plan Area to be assessed and levied upon any owner of real property located in the said area in a sufficient amount to defray the cost of constructing or improving infrastructure facilities therein made necessary by an increase to or any change in the use of such property. Said infrastructure costs shall include but not be limited to the acquisition and development of public trail, road and bridge, storm drainage, fire station and park facilities.

(Ord. No. 3841, § 1, 12-10-2002)

The Board of Supervisors makes the following findings and determinations in regard to the fees assessed and levied pursuant to the provisions of this Article:

A. Increased need resulting from new development. The North Chico Specific Plan was adopted by the Board of Supervisors of the County of Butte on March 28, 1995. As a result of the adoption of the North Chico Specific Plan and the rezoning adopted as a part thereof, a substantial amount of new residential, industrial, commercial, office and school development can reasonably be expected to occur within the North Chico Specific Plan Area. Such development will create a need for the acquisition and development of additional public facilities within said Area because the existing public facilities are insufficient in number, size, and location to meet the needs generated by such new development. Such needed public facilities will include new street, trail, drainage, fire protection and park facilities, as contemplated by said Plan and the Environmental Impact Report for the Plan, within the North Chico Specific Plan Area. Chapter 8, Implementation, of the North Chico Specific Plan, including but not limited to pages 8-1, 8-2, and 8-7, and Tables 8-1, 8-2 (Schedule 1), 8-6, and 8-10 therein, contemplated that development impact fees would be assessed and levied within the North Chico Specific Plan Area to finance the needed infrastructure within the area. Furthermore, commencing prior to the adoption of the North Chico Specific Plan, subdividers of land within the North Chico Specific Plan Area have signed agreements, entitled "AGREEMENT RUNNING WITH THE LAND REMITIGATION OF CUMULATIVE TRAFFIC AND DRAINAGE IMPACTS WITHIN CSA 87" contemplating the adoption and implementation of the North Chico Specific Plan and the establishment of mechanisms, including developer fees, to mitigate the impacts of development within the area on traffic and drainage.

B. Use of revenues from fees to meet public facility needs. All revenues from the fees assessed and levied on new development pursuant to the provisions of this Article will be used for the acquisition and development of public facilities within the North Chico Specific Plan Area needed because of such new development. In accordance with the provisions of this Article, all such revenues must be deposited in funds or accounts designated for such use only and of benefit to the development upon which the fees are imposed.

C. Fees do not exceed level necessary to meet need. The fees assessed and levied on new development pursuant to the provisions of this Article will not exceed that which is necessary to fund the public facilities attributable to the development upon which such fees are imposed. By reason of the foregoing, the Board of Supervisors determines that there is a reasonable relationship between the amount of the fees provided for by this Article and the cost of the facilities attributable to the new development upon which the fees are imposed.

D. Other funding not available. In order to carry out the programs, policies and goals of the North Chico Specific Plan, and, because no other feasible means appear to be available to fund all of the costs of the new public facilities required by reason of new development occurring in the said Area, the Board of Supervisors of the County of Butte has adopted this Article establishing development impact fees in the North Chico Specific Plan Area.

E. Purpose of fees. The purpose of the fees assessed and levied by this Article is to defray the cost of improvements to those public facilities within the North Chico Specific Plan Area made necessary by the anticipated increase to or change in the use of real property within such areas.

F. Facilities identified. The facilities which will be financed wholly or in part by the fees are those new street, trail, drainage, fire protection and park facilities identified in the provisions of this Article and the North Chico Specific Plan, including but not limited to Chapter 8 of said Plan.

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 3-163, 3-164, and 3-169.

H. Relationship between need for facilities and type of development. There is a reasonable relationship between the need for the 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 3-163 and 3-164.

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 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 3-164, and in Chapter 8, Implementation, of the North Chico Specific Plan.

(Ord. No. 3841, § 1, 12-10-02)

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. Chargeable Space. The term "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.

B. Development. The term "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.

C. Dwelling Unit. The term "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.

D. More Intensive Use. The term "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 trail, road and bridge, storm drainage, fire station or park facilities.

E. North Chico Specific Plan. The term "North Chico Specific Plan" shall mean the North Chico Specific Plan, as adopted on March 28, 1995, together with any amendments or additions made thereto.

F. North Chico Specific Plan Area. The term "North Chico Specific Plan Area" shall mean the unincorporated area of the County of Butte described approximately as that area north of Eaton Road, east of Highway 99, south of Keefer Road and west of the Chico Municipal Airport and more particularly depicted in Figure 3-1 of the North Chico Specific Plan.

(Ord. No. 3841, § 1, 12-10-2002)

A. Development impact fees shall be assessed and levied upon any owner of real property located in the North Chico Specific Plan Area in connection with: adding one (1) or more dwelling units to such property, including the construction of a new dwelling unit or the installation of a manufactured home on the property or connection thereof to utilities; adding industrial, commercial, office or school units to such property; constructing an addition of chargeable space to an existing industrial, commercial, office or school structure on the property; or converting a land use to a more intensive use on such property thereby creating a greater need for infrastructure facilities. Said fees are to be in amounts determined necessary to fund the acquisition and development of trail, road and bridge, storm drainage, fire station and park infrastructure facilities required to serve the cumulative needs of those persons residing, working, or studying in or otherwise using such units or property.

B. Fees assessed and levied hereunder as to the installation of a manufactured home or the connection of a manufactured home to utilities shall only be assessed and levied at the initial space, site or other property on which no other manufactured home was located on March 28, 1995.

C. Fees assessed and levied hereunder as to the conversion of a land use to a more intensive use on such property shall be reduced by a credit in the amount of any fee paid pursuant to this Article in connection with the use existing on the property prior to the conversion.

(Ord. No. 3841, § 1, 12-10-2002)

The amount of the fees assessed and levied pursuant to the provisions of this article shall be as set forth in the table below, except as exempted by Section 3-166 or reduced by a credit pursuant to Section 3-163(C), and shall be applicable as to all projects of the types specified in Section 3-163 for which application is made to the County of Butte for a development permit on and after February 8, 2003:

North Chico Specific Plan Development Impact Fee Table

* Dwelling Units

** Square Feet

The most recent amount of the index, dated December 2009, is 9722.17.

(Ord. No. 3841, § 1, 12-10-2002; Ord. No. 3927, § 3, 2-14-06; Ord. No. 3949, § 1, 12-12-06; Ord. No. 3978, § 1, 1-29-08; Ord. No. 3998, § 1, 2-24-09; Ord. No. 4020, § 1, 4-13-10)

The fee schedule shall, effective January 1 of each year, be increased or decreased by the Director of Development Services in an amount corresponding to the net percentage increase or decrease in the Engineering News Record Construction Cost Index for San Francisco ("ENR CCI"), based on 1913 U.S. average = 100, or other similar index.

The most recent available ENR CCI shall be furnished to the Director by the Department of Public Works not later than December 10 of each year.

The most recent ENR CCI, namely the index dated March 2002, is 7683.68.

The formula for adjusting the fees at the time of such reviews will therefore be:

(New index/2002 index) x existing fee = new fee.

(Ord. No. 3841, § 1, 12-10-02)

Notwithstanding any provisions of this Article to the contrary, a development impact fee shall not be assessed and levied pursuant to this Article upon an owner of real property located in the North Chico Specific Plan Area adding or enlarging one (1) or more structures on 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 dwelling units or the amount of chargeable space in such reconstructed structure is no greater than the number of dwelling units or the amount of chargeable space in the structure prior to such damage, destruction, or demolition.

(Ord. No. 3841, § 1, 12-10-02)

A. Time of Payment. The fees assessed and levied pursuant to the provisions of the Article shall be due and payable prior to:

1. The issuance of a building permit for the construction of any new structure or construction of an addition of chargeable space (as defined in Section 3-162(A)) to any existing structure; or

2. The issuance of an installation or utility connection permit for a manufactured home.

B. Payment to Building Division. Such fees shall be paid to the County of Butte, Department Development Services, Building Division, in the amount specified in Section 3-164.

(Ord. No. 3841, § 1, 12-10-02)

All revenues from the fees assessed and levied pursuant to the provisions of this Article shall, when received by the County of Butte, Department of Development Services, Building Division, be deposited in separate funds or accounts by type corresponding to the facilities for which the fees were assessed and levied. Thereafter, such revenues shall be appropriated and used only for the acquisition and/or development of those public facilities contemplated by the North Chico Specific Plan.

(Ord. No. 3841, § 1, 12-10-02)

All revenues from the fees assessed 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 separate funds or accounts pursuant to this Article shall be appropriated by the Board of Supervisors in a manner consistent with the North Chico Specific Plan and only for the acquisition and/or development of those public facilities identified in said Plan.

(Ord. No. 3841, § 1, 12-10-02)

A. Report by the Auditor/Controller. 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 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. For the fifth fiscal year following the first deposit into any such account or fund, and every five years thereafter, the Board of Supervisors shall make the findings required by Government Code Section 66001(d) with respect to that portion of the account or fund remaining unexpended or shall refund the moneys in the account or fund as provided in Government Code Section 66001(e).

(Ord. 3841 § 1, 12-10-02)