§ 16-41. Findings.

The board of supervisors makes the following findings and determinations required by section 66001 of the California Government Code in regard to the park facility fees assessed and levied pursuant to the provisions of this article:

(a)

Importance of parks; increased need resulting from new residential development. The presence of park facilities within the Durham Recreation and Park District contributes significantly to the beauty and ambiance of said area together with the physical health and emotional well being of its residents. New residential development occurring within said area will create a need for the acquisition and development of additional park facilities within said area in that the existing park facilities, including Durham Community Park, are insufficient in number, size, location, and the kinds of recreational opportunities which they present, to meet the park and recreational needs of both the existing residents of said area plus those additional residents who will eventually inhabit such new residential development. Based on the general plan of the County of Butte as well as the park and recreation master plan prepared for the Durham Recreation and Park District, new residential development occurring within said area will create the need for at least one and nine-tenths (1.9) acres of neighborhood park, five (5) acres of community park, three (3) acres of linear park and two and two-tenths (2.2) miles of bike trailway facilities, developed primarily for active recreational pursuits, for every one thousand (1,000) new residents who eventually inhabit such new residential development. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the need for the park facilities to be funded with the park facility fees provided for by this article and the residential development upon which such fees are imposed.

(b)

Use of revenues from fees to meet park needs. All revenues from the park facility fees assessed and levied on new residential development pursuant to the provisions of this article will be used for the acquisition and development of additional park facilities within the Durham Recreation and Park District which will meet the need for such facilities caused by such new residential development. In accordance with the provisions of this article, all such revenues must be deposited in a park fund and thereafter appropriated by the board of directors of the Durham Recreation and Park District for the acquisition and development of park facilities of benefit to the persons residing in the residential development upon which the fees are imposed. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the use of the park facility fees provided for by this article and the residential development upon which such fees are imposed.

(c)

Fees do not exceed level necessary to meet need. The park facility fees assessed and levied on new residential development pursuant to the provisions of this article will not exceed that which is necessary to fund the park facilities attributable to the residential development upon which such fees are imposed. In particular, the park facility fees assessed and levied on new residential development will be equal to that necessary to fund the one and nine-tenths (1.9) acres of neighborhood park, five (5) acres of community park, three (3) acres of linear park and two and two-tenths (2.2) miles of bike trailway facilities heretofore found to be necessary for every one thousand (1,000) new residents who eventually inhabit such new development. By reason of the foregoing, the board of supervisors determines that there is a reasonable relationship between the amount of the park facility fees provided for by this article and the cost of the park facilities attributable to the new residential development upon which the fees are imposed.

(Ord. No. 3081, § 1, 7-27-93)