Butte County Municipal Code Art. XXII Development Impact Fees for Transportation Facilities—Unincorporated Area

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Editor's note— Ord. No. 4070, § 1, adopted October 8, 2013, repealed and replaced art. XXII, §§ 3-247—3-261, in its entirety. Former art. XXII pertained to development impact fees for road improvements in the unincorporated area of Butte County and was derived from Ord. No. 3897, § 1, adopted December 14, 2004; Ord. No. 3912, §§ 12—14, adopted August 30, 2005; Ord. No. 3926, § 5, adopted February 14, 2006; Ord. No. 3948, § 5, adopted December 12, 2006; Ord. No. 3976, § 9, adopted January 29, 2008; Ord. No. 3976, § 10, adopted January 29, 2008; Ord. No. 3997, § 6, adopted February 24, 2009 and Ord. No. 4017, § 6, 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 transportation facilities fees upon the owners of real property located in the unincorporated area of Butte County (excluding the Chico Urban Area and North Chico Specific Plan Area), adding or expanding one (1) or more residential or nonresidential units to such property, in an amount sufficient to defray the cost of providing transportation facilities or improvements arising from an increase or change in the use of such property. As referred to in this article, transportation facilities include transportation infrastructure for all modes (auto, transit, bicycles and pedestrian) such as roads, bridges, traffic signals, transit facilities, sidewalks and bike paths.

(Ord. No. 4070, § 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 (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 transportation facilities. Over time, existing transportation 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 to fund twenty-nine percent (29) of the total costs of improvements for the 2035 planning horizon. The transportation improvements within the planning horizon include road, intersection and bridge projects within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area).

(b) Use of Revenues From Fees to Meet Transportation 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 to fund the calculated fair-share percentage of costs for the acquisition, development or improvement of transportation facilities within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area), which will meet the need for such transportation facilities caused by such new residential or nonresidential development. In accordance with the provisions of this article, all such revenues must be deposited into a transportation facilities account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of transportation facilities of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed. Fees will be spent on design, engineering, environmental review and construction support costs for the construction of roads, bridges, traffic signals, transit facilities, sidewalks and bike paths.

(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 fair-share costs of transportation 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 the fair share costs of acquisition, development or improvement of transportation 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 improvements to, or acquisitions of, those transportation facilities within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area) made necessary by the anticipated increases in population, housing units and jobs.

(f) Transportation Facilities Identified. The transportation facilities that will be financed wholly or in part by the fees include, but are not limited to, those types of facilities, facilities improvements, vehicles and equipment identified in the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012 and/or those facilities, facilities improvements, vehicles and equipment identified in the capital improvement plan approved by the board of supervisors entitled the Butte County Capital Improvement Program and facilities, facilities improvements, vehicles and related equipment made necessary by the anticipated 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 3-250, 3-251 and 3-257.

(h) Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the transportation 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 3-250 and 3-251.

(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 transportation 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 3-251, and in chapter 2 and chapter 9 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4070, § 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) 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.

(d) 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.

(e) 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 (2) or more units), and manufactured homes/mobile homes, but excluding group quarters such as dormitories, nursing homes, correctional facilities, etc.

(Ord. No. 4070, § 1, 10-8-13; Ord. No. 4197, § 7, 1-12-21)

Transportation facilities development impact fees shall be authorized and levied upon any owner of real property located in the unincorporated area of 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. 4070, § 1, 10-8-13)

The amount of development impact fees for transportation 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. 4070, § 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 transportation facilities within the unincorporated area of Butte County, and requesting an increase in the transportation 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, developing or improving transportation facilities and the amount of the increase in the transportation 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 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. 4070, § 1, 10-8-13)

Where transportation 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. 4070, § 1, 10-8-13)

Notwithstanding any provisions of this article to the contrary, transportation facilities fees shall not be authorized and levied upon an owner of real property located in the unincorporated 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 the size in such reconstructed structure is no greater than the number of structures or the size of the structure prior to such damage, destruction or demolition.

(c) Where the structure is located within the area covered by the Chico Urban Area Street Improvements Fee and a separate fee is charged pursuant to Section 10-33.5.

(d) Where the structure is located within the North Chico Specific Plan area and a separate fee is charged pursuant to Section 3-164.

(e) Where a use is a nonresidential use and the structures are located within the Oroville Enterprise Zone as described in Chapter 2, Article XVI.5.

(Ord. No. 4070, § 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. 4070, § 1, 10-8-13)

When, as a condition of approval of a development project: 1) construction of transportation 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 transportation 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. 4070, § 1, 10-8-13)

(a) Time of Payment. The transportation 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. 4070, § 1, 10-8-13)

All revenues from the transportation facilities fees authorized and levied pursuant to the provisions of this article, less an authorized administration fee, shall, when received by the County of Butte, be deposited into a separate transportation facilities account thereafter appropriated and used only for the acquisition, development or improvement of transportation facilities in the manner hereinafter provided by this article. An authorized administration fee shall be deposited into a separate impact fee administration account.

(Ord. No. 4070, § 1, 10-8-13)

All revenues from the transportation facilities fee authorized and levied pursuant to the provisions of this article and received by the County of Butte, and deposited in a separate account 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 Capital Improvement Program approved by the board of supervisors, and only for the acquisition, development and/or improvement of transportation facilities made necessary by increases in population, housing units and jobs.

(Ord. No. 4070, § 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 transportation 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 transportation facilities fee revenues in the transportation facilities fee account as set forth in Government Code Section 66001(d). In the event that the transportation 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 transportation facilities fee revenues for the acquisition, development or improvement of transportation facilities in the manner hereinbefore provided by this article;

(2) Make a finding with respect to all or any part of such unexpended transportation 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 transportation 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 transportation facilities fee revenues exceeds 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 transportation facilities fees were paid.

(Ord. No. 4070, § 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 area of Butte County, 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 transportation facilities.

(Ord. No. 4070, § 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. 4070, § 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. 4070, § 1, 10-8-13)