2018

ORDINANCE NO. ________________

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF THE COUNTY OF TEHAMA
AMENDING CHAPTER 9.15 OF THE TEHAMA COUNTY CODE TO ESTABLISH
DEVELOPMENT IMPACT FEES FOR LIBRARY, GENERAL GOVERNMENT, SHERIFF,
CORRECTIONS, FIRE PROTECTION, PARKS AND RECREATION, AND
TRANSPORTATION FACILITIES

SECTION 1. Effective January 1, 2017, Chapter 9.15 of the Tehama County Code
is hereby repealed.
SECTION 2. Effective January 1, 2017, Chapter 9.15 of the Tehama County Code
is hereby added to read:

Chapter 9.15
DEVELOPMENT IMPACT FEES
Sections:
9.15.010 Findings.
9.15.020 Definitions.
9.15.030 Imposition and Amount of Development Impact Fees
9.15.040 Creation of Special Funds; Deposit and Appropriation of Fee
Revenues.
9.15.050 Land use to be utilized to compute fee.
9.15.060 Exemptions.
9.15.070 Credits.
9.15.080 Payment of Fees.
9.15.090 Developer construction of facilities.
9.15.100 Appeals.
9.15.110 Other Public Facilities Conditions and Requirements.
9.15.120 Reporting.
9.15.130 Refunds for Abandoned Projects.
9.15.140 Severability.

9.15.010 Findings. The Board of Supervisors of the County of Tehama, having

reviewed and considered the Tehama County Development Impact Fee Program Nexus
Study Report dated June 2015, hereby finds and declares the following:
A.

Purpose of the Fees. The purpose of the Development Impact Fees

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set forth in this chapter (Fees) is to finance development-related

public facilities which help mitigate the impacts of new development in
the county, thereby preventing the deterioration of public facilities that
would result from additional development, if impact fee revenues were
not available to fund such improvements. The County of Tehama
seeks to protect public health, safety and general welfare by ensuring
that adequate public facilities and services are provided within Tehama
County. New development causes the need for construction,
expansion and/or improvement of public facilities within the county.
The Tehama County General Plan, including without limitation Policy
LU-6.1 and Implementation Measures LU-3.1a, CIR-1.3a, PS-2.2c, PS4.2a, SAF-2.3a, SAF-3.3b, establishes county policy that new
development shall be required to pay its reasonable fair share for all
facilities necessary to provide adequate public services. As indicated in
the Tehama County Development Impact Fee Program Nexus Study
Report, the Fees set forth herein will be used to recover the cost of
development-related public facilities, but only to the extent that the
need for such facilities is a consequence of new development that is
subject to the Fees, thereby ensuring that there is a reasonable
relationship between the need for the facilities and the type of new
development being assessed such Fees.
B.

Use of Revenues from Fees to Meet Public Facility Needs Caused by

New Development. All revenues from the Development Impact Fees
authorized and levied on new residential, commercial, office, and
industrial development pursuant to the provisions of this chapter will be
used for the acquisition, development or improvement of Library,
General Government, Sheriff, Corrections, Fire Protection, Parks and
Recreation, and Transportation facilities within Tehama County, which
will meet the need for such facilities caused by such new development
(including without limitation Fire Protection facilities serving new
development within the Capay Fire Protection District through mutual
aid or cooperative agreements). In accordance with the provisions of
this chapter, all such revenues must be deposited into a facilities
account corresponding to the specific type of facility for which the fee
was collected, and thereafter appropriated by the board of supervisors
for the acquisition, development or improvement of public facilities of
benefit to the persons owning, or residing and working in the structures
upon which the fees are imposed. The facilities to be funded with such
Development Impact Fee revenues shall be identified in accordance
with the Tehama County Development Impact Fee Program Nexus
Study Report and the requirements of the Tehama County General
Plan.
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C.

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 chapter, including, but not limited to, Sections
9.15.030 and 9.15.040.

D.

Relationship Between Need for Facilities and Type of Development.

There is a reasonable relationship between the need for the Library,
General Government, Sheriff, Corrections, Fire Protection, Parks and
Recreation, and Transportation facilities and the type of development
project on which the fees are imposed as set forth in the provisions of
this chapter, including, but not limited to, Section 9.15.030 and the
Tehama County Development Impact Fee Program Nexus Study
Report.

(E)

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 public facilities, or portions thereof, attributable to the
development on which the fees are imposed, as set forth in the
provisions of this chapter, including, but not limited to, Section
9.15.030, and the Tehama County Development Impact Fee Program
Nexus Study Report. The development impact fees authorized and
levied on new residential, commercial, office, and industrial
development, pursuant to the provisions of this chapter, will not exceed
that which is necessary to fund the public facilities attributable to the
new development upon which such fees are imposed.

9.15.020 Definitions. For purposes of this chapter only, the following phrases,
terms, words and their derivation shall have the meanings respectively ascribed to them by
this section:
A.

"Building permit" shall include any permits required for construction,

reconstruction, remodeling, placing or moving structures or mobile homes into
the county, and the like, including without limitation electrical and plumbing
permits, moving permits, and similar permits.

B.

"Commercial (Retail)" 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.), and all hospitals and clinics, all care facilities
and commercial group living quarters, including dormitories, nursing homes,
assisted living, and group or day care centers, and all education facilities
including preschools, private schools and colleges.
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C.

"Development" shall mean any human-caused change to land or change in

use of an existing structure or mobile home that requires a permit or approval
from the County. "Development" shall include any activity involving the
issuance of a permit for construction or reconstruction, remodeling, change in
use, or any work requiring any permit under the ordinances of the county. The
term "development" shall also include permits for erection of manufactured
housing or structures, and structures moved into the county.

D.

"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, hazardous materials storage, and agricultural
buildings. Office or retail uses or living quarters relating to agriculture shall not
constitute agricultural buildings for purposes of this chapter.

E.

"Mobile home residential" shall mean manufactured homes, mobile homes,

and factory-built homes used as dwelling units, whether installed on a
permanent foundation or otherwise.

F.

"Multi-family residential" shall mean units in multi-family buildings (comprised

of two or more units), but excluding commercial group living quarters such as
dormitories, nursing homes, correctional facilities, and the like.

G.

Office shall mean general professional and medical office development

including medical and dental offices, corporate headquarters, single tenant,
office parks, research and development centers, and business parks.

H.

"Public facilities" or facilities shall include public improvements, public

services, and community amenities, including without limitation vehicles and
equipment.

I.

"Single family residential" means detached single family units, attached single
family units, and second units, but does not include guest cottages as defined
in Section 17.04.260 of the Tehama County Code.

9.15.030 Imposition and Amount of Development Impact Fees.

A.

The development impact fees set forth in Subdivision B are hereby

established and imposed upon the issuance of all building permits for
development identified in Section 9.15.050 within the unincorporated areas of
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the county to finance the cost of the identified categories of public facilities
required by new development.
B.

Fee Schedule.
1.

Residential Fees.
Single Family Res.
(per unit)

Multi-Family Res.
(per unit)

Mobile Home Res.

(per unit)

Library
General Govt.
Sheriff
Corrections
Fire Protection
Parks and Rec.
Transportation

$129.50
$436.00
$82.00
$215.00
$576.50
$55.00
$1,256.00

$105.00
$353.00
$66.00
$174.00
$466.00
$45.00
$791.00

$122.00
$409.00
$77.00
$202.00
$541.00
$52.00
$1,179.00

Total Fee

$2,750.00

$2,000.00

$2,582.00

2.

Commercial (Retail) Fees.

Fee per Square Foot (SF)

First
5,000
SF

SF No.
5,001
to
10,000

SF No.
10,001
to
15,000

SF No.
15,001
to
20,000

SF No.
20,001
to
25,000

SF No.
25,001
to
30,000

SF No.
30,001
to
35,000

SF No.
35,001
to
40,000

SF No.
40,000
and
Over

$0.00

$0.005

$0.010

$0.015

$0.020

$0.025

$0.030

$0.040

$0.05

General
Govt.
Sheriff
Corrections
Fire
Protection
Transport.

$0.00
$0.00
$0.00

$0.001
$0.002
$0.007

$0.002
$0.005
$0.013

$0.003
$0.007
$0.020

$0.004
$0.010
$0.026

$0.005
$0.012
$0.033

$0.006
$0.014
$0.040

$0.008
$0.020
$0.052

$0.01
$0.02
$0.07

$0.00

$0.110

$0.220

$0.330

$0.440

$0.550

$0.660

$0.88

$1.10

Total Fee

$0.00

$0.125

$0.25

$0.375

$0.50

$0.625

$0.75

$1.00

$1.25

4.

Office Fees.
Fee per Square Foot

General Government

$0.05
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Sheriff
Corrections
Fire Protection
Transportation

$0.01
$0.02
$0.06
$1.11

Total Fee

$1.25

4.

Industrial Fees.
Fee per Square Foot (SF)

First
10,000
SF

SF No.
10,001 to
20,000

SF No.
20,001 to
30,000

SF No.
30,001 to
40,000

SF No.
40,001 to
50,000

SF No.
50,001 to
60,000

SF No.
40,000
and over

$0.00

$0.004

$0.008

$0.012

$0.016

$0.020

$0.024

General
Govt.
Sheriff
Corrections
Fire
Protection
Transport.

$0.00
$0.00
$0.00

$0.001
$0.002
$0.005

$0.002
$0.004
$0.010

$0.002
$0.006
$0.015

$0.004
$0.008
$0.020

$0.004
$0.010
$0.026

$0.004
$0.012
$0.031

$0.00

$0.113

$0.226

$0.340

$0.452

$0.565

$0.679

Total Fee

$0.00

$0.125

$0.25

$0.375

$0.50

$0.625

$0.75

C.

No permits or extension of permits for the activities referenced in this section

shall be granted except upon the condition that the development impact fees
required by this chapter are paid.

9.15.040 Creation of Special Funds; Deposit and Appropriation of Fee Revenues.

A.

All revenues from the fees assessed and levied pursuant to the provisions of
this chapter shall be deposited in separate funds by type corresponding to the
Public Facilities for which the fees were assessed and levied. In this regard,
the following special funds are hereby created and established for the
purposes indicated:
1.
2.
3.
4.
5.
6.

Library
General Government
Sheriff
Corrections
Fire Protection
Parks and Recreation
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7.
B.

Transportation

All revenues from the fees levied pursuant to the provisions of this chapter
and deposited into the foregoing separate funds shall be appropriated by the
board of supervisors in a manner consistent with the Tehama County
Development Impact Fee Program Nexus Study Report, and only for the
acquisition, development or improvement of those Public Facilities of the
corresponding type made necessary by anticipated increases in population,
housing units and jobs.

9.15.050 Land use to be utilized to compute fee.

A.

Fees shall be assessed and levied upon any owner of real property located in
the unincorporated area of the county in connection with:
1.

New construction of one or more single family or multi-family dwelling

units upon such property, including the construction of a new dwelling
unit or the placing or installation of a manufactured home on the
property (whether or not installed on a permanent foundation);

2.

New construction of one or more commercial, office, or industrial

structures upon such property;

3.

Constructing an addition of any amount of chargeable space to an

existing commercial, office, or industrial structure on the property; or

4.

The change in use of any existing structure or mobile home, if the new
use or uses are in a fee category that has fee amounts greater than
the existing lawful use or uses, subject to any applicable credit under
Section 9.15.070. No refunds will be provided for changes in use of
any structure or mobile home to a lower fee category. In the event that
the use of an existing structure or mobile home is changed to a lower
fee category, and then returns to the former fee category within ten
(10) years, no additional development impact fee will be due as a
result of the change in use.

B.

If the proposed development has multiple uses, each identified land use shall
be subject to a separate impact fee calculation based upon the number of
units (Residential) or square footage (Commercial, Office, and Industrial)
comprising each use.

C.

Building permit applications shall include plans and calculations prepared by

the applicant or applicant's agent, specifying each type of development
project, the square footage of each use, and any other data requested
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necessary to calculate the development impact fee. Permit applications shall

be deemed incomplete until such information is provided. All fees due
hereunder shall be determined and calculated by the building official or their
designee.
9.15.060 Exemptions. The following shall be exempted from payment of the development
impact fee referenced in Section 9.15.020 of this chapter:
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.

9.15.070 Credits.
A.

A new development that, through demolition or conversion, will eliminate existing

development is entitled to a fee credit if the existing development is a lawful use
under the zoning ordinance, including a nonconforming use.

B.

New development that will replace development that was partially or totally
destroyed by fire, flood, earthquake, or other casualty or act of God, is entitled to a
fee credit if the development that was partially destroyed was a lawful use under the
zoning ordinance, including a nonconforming use, at the time thereof.

C.

Credit for such eliminated development or development that was partially or totally
destroyed (as specified above) shall be calculated by the building official in
accordance with the fee schedule set forth in Section 9.15.030, and shall be applied
to new development of the same site.

9.15.080 Payment of Fees. The fees assessed and levied pursuant to the provisions of this
chapter shall be due and payable at time of issuance of a building permit, except as
provided in Government Code section 66007. In no event shall Fees be deferred beyond
final inspection or issuance of certificate(s) of occupancy.
9.15.090 Developer construction of facilities.
A.

The county shall grant to owners or developers of real property, a credit

against the specific components of Fees that would otherwise be charged
pursuant to this ordinance, for the dedication of land or the construction of
facilities identified in the Tehama County Development Impact Fee Program
Nexus Study Report. No credit shall be given against the Fees for the cost of
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facilities not identified in the Tehama County Development Impact Fee

Program Nexus Study Report.
B.

Credit shall not be given for site-related improvements, including, but not
limited to, right-of-way dedications, providing paved access to property, or
water systems, which are specifically required by the project in order to serve
it and do not constitute facilities specified in Tehama County Development
Impact Fee Program Nexus Study Report.

C.

Any claim for credit must be made no later than issuance of the building
permit for which the credit is sought. Any claim not so made shall be deemed
waived.

D.

The project proponent/applicant seeking credit and/or reimbursement for

construction of facilities or dedication of land, shall submit such
documentation, including without limitation, engineering drawings,
specifications and construction cost estimates, and utilize such methods as
may be appropriate and acceptable to the building official to support the
request for credit or reimbursement. The building official shall determine
whether facilities are eligible for credit or reimbursement. If eligible, the
building official shall determine the credit for construction of facilities based
upon either these cost estimates or upon alternative engineering criteria and
construction cost estimates if he determines that such estimates submitted by
the developer are either unreliable or inaccurate.

E.

Any determination made by the building official pursuant to this section may
be appealed in accordance with Section 9.15.100.

F.

If the cost of the facilities is greater than the required fee, this chapter does
not create an obligation upon the county to pay the applicant the excess
amount, provided that reimbursement agreements shall be considered for
new development projects which are required to fund or construct
improvements included in the Tehama County Development Impact Fee
Program Nexus Study Report which provide capacity significantly in excess of
project needs. Such agreements shall include a provision for Tehama County
to be reimbursed for preparation and administration costs.

9.15.100 Appeals.
A.

The project proponent/applicant for any development subject to the fee

described in this chapter may apply to the building official for relief from
imposition of the fee, reduction of the fee, or waiver of the fee, based upon
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the alleged absence of any reasonable relationship or nexus between the

impacts of the development and either the amount of the fee charged or the
type of facilities to be financed, or other alleged legal basis for exemption.
B.

Such application shall be made in writing and filed with the building official at
the time of the filing of the application for a building permit. The application
shall state in detail the actual basis for the claim of waiver, reduction, or
adjustment. The project proponent/applicant shall have the burden of
demonstrating entitlement to any reduction, adjustment, or waiver. The
building official shall have fifteen (15) days to consider and act upon the
request, and shall issue his/her administration determination in writing. Failure
to take action within that time period shall mean the request is denied.

C.

If the project proponent/applicant desires to appeal that administrative

determination of the building official, the project proponent/applicant must
apply in writing to the Clerk of the Board of Supervisors within ten (10) days of
written notification of the denial of the appeal for a fee adjustment. The Board
of Supervisors may establish, by resolution, a fee for such appeals. The
Board of Supervisors which shall consider the application at a public meeting
commenced within forty-five (45) days after the filing of the fee adjustment
appeal. The building official shall prepare a staff report and recommendation
for Board consideration. The decision of the Board of Supervisors shall be
final. If a reduction, adjustment, or waiver is granted by the Board, any
subsequent material change in use regarding the project shall subject such
waiver, adjustment or reduction of the fee to reevaluation by the county.

D.

Failure to timely submit an application or appeal pursuant to this section shall

constitute a failure to exhaust administrative remedies. The application and
appeal requirements of this section are in addition to any protest or claims
filing requirements otherwise provided by law, and pursuit of such application
and appeal shall not excuse any failure to timely comply with such
requirements.

9.15.110 Other Public Facilities Conditions and Requirements. The provisions of this
chapter shall not relieve the owner of any real property located within the unincorporated
areas of the county from the obligation of complying with any conditions or requirements
regarding the construction or funding of Public Facilities 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.
9.15.120 Reporting.
A.

Within one hundred eighty (180) days after the last day of each fiscal year the
Chief Administrator or his/her designee shall provide to the board of
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supervisors a report regarding each separate account or fund established

pursuant to this article containing the information set forth in Government
Code section 66006, subdivision (b).
B.

At a noticed public hearing, the board of supervisors shall review the report
and the development impact fee to determine whether the fee amounts
continue to be reasonably related to the impact of development and whether
the described public facilities are still needed.

C.

Commencing with the first fiscal year following the first receipt of any
revenues from the development impact fees authorized and levied pursuant
to the provisions of this chapter, and every five (5) years thereafter, the board
of supervisors, following receipt of the chief administrator's report, shall make
the findings required by Government Code section 66001, subdivision (d) with
respect to that portion of each fund identified in Section 9.15.040 remaining
unexpended, or shall refund the moneys in such fund as provided in
Government Code section 66001, subdivision (e).

9.15.130 Refunds for Abandoned Projects. If a building permit expires, is revoked, or is

canceled or otherwise voided, or if a building permit is never issued and the application for
such permit is withdrawn, and provided that any fees paid pursuant to this chapter have not
been expended, no construction has taken place, and the use has never occupied the site,
the board of supervisors may, upon the written request of the feepayer, order a refund,
without interest, of any fee paid pursuant to this chapter in connection with such permit or
application. For such a refund, the feepayer must promptly submit to the building official the
original county receipt and the original stamped and approved plot plan. Failure to timely
submit the required application for refund shall constitute a waiver of any right to the refund.
9.15.140 Severability. If any section, subsection, sentence, clause, portion, or phrase of
this chapter is for any reason held illegal, invalid, or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions hereof. The board hereby declares that it would have passed this chapter and
each section, subsection, sentence, clause, portion, or phrase hereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses, or phrases be
declared illegal, invalid or unconstitutional.
SECTION 2. This ordinance shall take effect sixty (60) days from the date of its
adoption. Prior to the expiration of fifteen (15) days from the adoption thereof, a summary
of the ordinance prepared in accordance with Government Code section 25124, subdivision
(b) shall be published, along with the names of those supervisors voting for and against the
ordinance, at least one time in the Red Bluff Daily News, a newspaper of general circulation
in Tehama County. A certified copy of the full text of the adopted ordinance, along with the
names of those supervisors voting for and against the ordinance, shall be posted at that
time in the office of the Clerk of the Board of Supervisors.
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The foregoing ordinance was duly passed and adopted by the Board of
Supervisors of the County of Tehama, State of California, at a regular
Nov.
24th day of ________,
meeting of the Board of Supervisors on the _____
2015 by the following
vote:
AYES:

Supervisors Williams, Garton,Chamblin and Bundy

NOES:

Supervisor Carlson

ABSENT OR NOT VOTING: None

Burt Bundy
_____________________________
CHAIRMAN, Board of Supervisors

STATE OF CALIFORNIA
COUNTY OF TEHAMA

)
) ss
)

I, JENNIFER A. VISE, County Clerk and ex-officio Clerk of the Board of

Supervisors of the County of Tehama, State of California, hereby certify the above and
foregoing to be a full, true and correct copy of an ordinance adopted by said Board of
24th day of ______________,
November
Supervisors on the _______
2015.
30th day of _______________,
November
DATED: This _____
2015.
JENNIFER A. VISE, County Clerk and ex-officio
Clerk of the Board of Supervisors of the County of
Tehama, State of California.
Angela L. Ford
By_________________________________
Deputy

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