Butte County Municipal Code § 10-33 Establishment of street facility improvement fees

This article is enacted pursuant to article I, section 1 of the Butte County Charter and article II, section 7 of the California Constitution for the purpose of authorizing the assessment and levying of a street facility improvement fee upon the owners of real property located in the unincorporated area of the County of Butte within the Chico Urban Area, in a sufficient amount to defray the cost of improvements to street facilities therein made necessary by an increase to or any change in the use of such property.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 3840, § 1, 12-10-2002)

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

(a) The Board has previously levied Chico Urban Area Street Facility Improvement Fees pursuant to this Article.

(b) The North Chico Specific Plan was adopted by the Board of Supervisors of the County of Butte on March 28, 1995. The Plan anticipated growth and new development in the North Chico Specific Plan Area and the need for infrastructure, including street facility improvements to serve the traffic resulting from such growth and development. 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 the street facility improvement fees assessed and levied within the other portions of the Chico Urban Area would also be assessed and levied within the North Chico Specific Plan Area to finance, in part, the contemplated street infrastructure within these areas.

(c) The North Chico Specific Plan Area is connected to the other portions of the Chico Urban Area by existing and proposed streets, and development within the North Chico Specific Plan Area will cause traffic impacts on streets within other portions of the Chico Urban Area.

(d) The purpose of the fees assessed and levied by this Article is to defray the cost of improvements to street facilities within the Chico Urban Area made necessary by the anticipated increase to or any change in the traffic impacts within such area caused by development within the Chico Urban Area, as documented by the City of Chico Update of Development Impact Fees, Analysis and Recommendations (Nexus Study), adopted by resolution of the City Council of the City of Chico, the North Chico Specific Plan approved by Resolution 95-47 of the Board of Supervisors of the County of Butte on March 28, 1995, and the County of Butte 20 Year Capital Improvement Program adopted by resolution of the Board of Supervisors.

(e) The street facilities which will be financed wholly or in part by the fees levied pursuant to this chapter are as defined and identified in this Article, including, but not limited to, Section 10-31(a).

(f) There is a reasonable relationship between the use of the fees levied pursuant to this Article 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 10-32, 10-33, 10-33.5 and 10-37.

(g) There is a reasonable relationship between the need for the street facilities and the type of development projects on which the fees are imposed pursuant to this Article, including, but not limited to, Sections 10-32 and 10-33.

(h) There is a reasonable relationship between the amount of the fees and the cost of the street facilities or portions thereof attributable to the development on which the fees are imposed pursuant to this Article, including, but not limited to, Sections 10-33, 10-34, 10-35 and 10-39.

(Ord. No. 3902, § 1, 2-8-05; Ord. No. 3927, § 4 (part), 2-14-06)

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) Street facility improvement: The term "street facility improvement" shall mean any collector street, arterial street, or other major street or highway, any bridge, storm drain, sidewalk, curb, gutter, street light, traffic signal, street sign, or other facility necessary or appurtenant to a collector street, arterial street, or other major street or highway, and any real property acquired for the purpose of constructing and installing a collector street, arterial street, or other major street or highway, or any bridge, storm drain, sidewalk, curb, gutter, street light, traffic signal, street sign, or other facility necessary and appurtenant thereto.

(b) Chico Urban Area: The term "Chico Urban Area" shall mean all the area within County Service Area 114, the boundaries of which are set forth in Exhibit A of Resolution 88-194 adopted by the Board of Supervisors of the County of Butte on December 20, 1988, and the North Chico Specific Plan Area, as depicted on Figure 3-1 of the North Chico Specific Plan approved by Resolution 95-47 of the Board of Supervisors of the County of Butte on March 28, 1995.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 3840, § 2, 12-10-2002)

A street facility improvement fee is hereby assessed and levied upon the owners of real property located in the unincorporated area of the County of Butte within the Chico Urban Area at the time of the occurrence of any of the following events affecting the improvements to and/or use of such property:

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

(b) An alteration or addition to an existing nonresidential building or structure on such property which results in an expansion of the floor area of the building or structure; and change or expansion in the use of such property or any building or structure located thereon which results in an increase in the number of motor vehicle trips generated by the use of the property or any building or structure located thereon based on the "average trip rates" established by the institute of traffic engineers or other recognized authority.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 2709, § 1, 10-4-88)

The street facility improvement fees assessed and levied pursuant to the provisions of this article shall be in accordance with the fee schedule specified in section 10-33.5 below, which schedule is based on the following factors:

(a) The type of land use to which the new building, structure, alteration or addition will be devoted;

(b) The type and extent of the street facility improvements which will be required as a result of the development and/or use of real property likely to occur within the Chico Urban Area during the next twenty (20) year period;

(c) The estimated cost of the street facility improvements required as a result of the development and/or use of real property likely to occur within the Chico Urban Area during the next twenty (20) year period;

(d) The portion of the estimated cost of the street facility improvements required as a result of the development and/or use of real property likely to occur within the Chico Urban Area during the next twenty (20) year period which cannot be funded with revenue sources available to the county other than street facility improvement fees; and

(e) The pro rata share of the unfunded cost of the street facility improvements required for the development and/or use of real property likely to occur within the Chico Urban Area during the next twenty (20) year period which is attributable to a parcel of real property devoted to a particular kind of use, calculated from the "average trip rates" for the various uses of real property as established by the Institute of Traffic Engineers or other recognized authority.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 3305, § 4, 12-10-96)

The amount of the street facility improvement fees assessed and levied pursuant to the provisions of this article shall be as follows, except as exempted by Section 10-36 of this article, and shall be applicable as to all projects of the types specified in Section 10-32 of this article for which application is made to the County of Butte for a permit on and after September 16, 1988:

(Ord. No. 3305, § 5, 12-10-96; Ord. No. 3840, § 3, 12-10-02; Ord. No. 3902, § 1, 2-8-05; Ord. No. 3927, § 4 (part), 2-14-06; Ord. No. 3949, § 2, 12-12-06; Ord. No. 3978, § 2, 1-29-08; Ord. No. 3998, § 2, 2-24-09)

From time to time, the fee schedule as specified in Section 10-33.5 of this article may be revised to make the fees the same as the fees established by the City of Chico based on the latest nexus study adopted by the City of Chico as discussed in Section 10-30.1(d) of this article.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 3902, § 1, 2-8-05; Ord. No. 3927, § 4 (part), 2-14-06)

In any resolution or Ordinance initially establishing a street facility improvement fee schedule or periodically adjusting such schedule, the board of supervisors may also establish an appropriate credit against the street facility improvement fee levied and assessed upon the owner of property which is located within a special assessment district formed for a purpose that included the construction and installation of street facility improvements and which is equal in amount to such property's pro rata share of the cost of any portion of such street facilities that are of some general benefit to the Chico Urban Area or any portion thereof outside of the assessment district boundaries.

(Ord. No. 2695, § 1, 8-16-88; Ord. No. 3902, § 1, 2-8-05)

Notwithstanding any provisions of this article to the contrary, a street facility fee shall not be assessed and levied upon the owner of real property located in the Chico Urban Area upon the occurrence of any of the following events affecting the improvements to and/or use of such property:

(a) The reconstruction of a building or structure which was destroyed or damaged by fire or other casualty, or voluntarily demolished by the owner thereof, provided the size of the reconstructed building or structure is no greater than the size of the destroyed, damaged, or demolished building or structure.

(b) The construction of, expansion of or addition to a publicly owned building or structure, or the commencement of expansion of the use of a building or structure for public purposes. However, at the time of constructing, expanding or adding to a county-owned building or structure, the board of supervisors shall consider the need for additional street facility improvements caused by such building or structure, and, where appropriate, shall construct and install or fund the construction and installation of such street facility improvements.

(Ord. No. 2695, § 1, 8-16-88)

The street facility improvement fees assessed and levied pursuant to the provisions of this article shall be due and payable as follows:

(a) Where the street facility improvement fee is assessed and levied upon the owner of real property located in the Chico Urban Area at the time of the construction of a new building or structure on such property or at the time an alteration or addition is made to an existing building or structure on such property, such fee will be due and payable prior to the issuance of a building permit for such new building or structure or alteration or addition to such existing building or structure.

(b) Where the street facility improvement fee is assessed and levied upon the owner of real property located in the Chico Urban Area at the time of a change or expansion in the use of such property or any building or structure located thereon which does not require a building permit, such fee will be due and payable prior to the issuance of a certificate of occupancy for such change or expanded use; provided that where a certificate of occupancy is not required for a change or expansion in the use of such property or any building or structure located thereon, then such fee will be due and payable prior to the commencement of the changed or expanded use.

(Ord. No. 2695, § 1, 8-16-88)

The provisions of this article shall not relieve any owner of real property located within the unincorporated area of the Chico Urban Area from the obligation of complying with any street improvement requirements which are imposed pursuant to the other provisions of this Code at the time of approval of a subdivision map, parcel map, building permit, or other land use entitlement.

(Ord. No. 2695, § 1, 8-16-88)

(a) Any subdivider of real property located within the unincorporated area of the Chico Urban Area who is required to construct and install street facility improvements incident to the approval of a subdivision map or parcel map shall be reimbursed by the county for the cost of any portion of such street facility improvements which were in excess of that reasonably necessary to serve property located within such land division as determined by the director of public works (hereinafter referred to as the "oversizing costs" of street facility improvements).

(b) Any reimbursements for the oversizing costs of street facility improvements required by the provisions of this section shall be made in accordance with the terms and conditions of a written reimbursement agreement between the county and the subdivider which shall provide for the payment to the subdivider of that portion of the street facility improvement fees received by the county pursuant to the provisions of this article which is reasonably calculated to reimburse the subdivider for the oversizing costs of such street facility improvements over the fifteen (15) year period following the execution of such reimbursement agreement as determined by the director of public works, less a sum equal to the county's reasonable cost to administer the reimbursement agreement as established by resolution to the board of supervisors.

(c) Any reimbursement agreements for the oversizing costs of street facility improvements required by the provisions of this section shall be in a form approved by the county counsel, and shall be executed at the time of approval of a final subdivision map, final parcel map, or a certificate of compliance.

(Ord. No. 2695, § 1, 8-16-88)

All revenues received by the county from the street facility improvement fees assessed and levied pursuant to the provisions of this article shall be deposited, invested, accounted for and expended pursuant to Government Code section 53077 for the purpose of constructing, reconstructing or installing street facility improvements, or for the purpose of making any payment under a reimbursement agreement executed pursuant to the provisions of this article.

(Ord. No. 2695, § 1, 8-16-88)