§ 3-11. Findings.

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 Jail Impact Fee Study dated June 21, 2007, relies on figures from the Butte County Association of Governments and the California Department of Finance to project increases in population over a twenty (20) year period, from year 2007 to 2036. It projects that population will increase by two (2) percent annually. As a result, there will be new residential development occurring within Butte County that will create a need for the development of additional jail facilities. Over time, existing jail facilities will become insufficient in size and capacity to meet the needs of new residential development. Based on the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment dated September 2006, new residential development occurring within Butte County will create the need for additional jail facility capacity.

(b)

Use of Revenues from Fees to Meet Jail Facilities Needs. All revenues from the development impact fees authorized and levied on new residential development pursuant to the provision of this article will be used for the acquisition and development of additional jail facilities within the unincorporated and incorporated area of Butte County 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 jail facility account and thereafter appropriated by the Board of Supervisors for the acquisition and development of jail facilities including the design, engineering, construction, land acquisition costs, furniture, fixtures and equipment for the expanding facilities.

(c)

Fees do not Exceed Level Necessary to Meet Need. The development impact fees authorized and levied on new residential development pursuant to the provisions of this article will not exceed that which is necessary to fund the jail facilities attributable to the new residential development upon which such fees are imposed. In particular, the development impact fees authorized and levied on new residential development will be equal to that necessary to fund additional jail facilities for the increase in population and residential development that will eventually occur in Butte County by year 2036.

(d)

Appropriateness of Development Impact Fees. Due to the projected increase in population, 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 the jail facilities made necessary by the anticipated increase in population.

(f)

Facilities Identified. The facilities that will be financed wholly or in part by the fees are those identified in the Jail Impact Fee Study dated June 21, 2007 and the Butte County Jail Needs Assessment dated September 2006.

(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 3-13 and 3-14.

(h)

Relationship between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the jail 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 3-13 and 3-14.

(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 jail 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, Sections 3-13 and 3-14 and the Jail Impact Fee Study dated June 21, 2007.

(Ord. No. 3967, § 1 (part), 7-10-07)