§ 3-161. Findings.

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

A.

Increased need resulting from new development. The North Chico Specific Plan was adopted by the Board of Supervisors of the County of Butte on March 28, 1995. As a result of the adoption of the North Chico Specific Plan and the rezoning adopted as a part thereof, a substantial amount of new residential, industrial, commercial, office and school development can reasonably be expected to occur within the North Chico Specific Plan Area. Such development will create a need for the acquisition and development of additional public facilities within said Area because the existing public facilities are insufficient in number, size, and location to meet the needs generated by such new development. Such needed public facilities will include new street, trail, drainage, fire protection and park facilities, as contemplated by said Plan and the Environmental Impact Report for the Plan, within the North Chico Specific Plan Area. 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 development impact fees would be assessed and levied within the North Chico Specific Plan Area to finance the needed infrastructure within the area. Furthermore, commencing prior to the adoption of the North Chico Specific Plan, subdividers of land within the North Chico Specific Plan Area have signed agreements, entitled "AGREEMENT RUNNING WITH THE LAND REMITIGATION OF CUMULATIVE TRAFFIC AND DRAINAGE IMPACTS WITHIN CSA 87" contemplating the adoption and implementation of the North Chico Specific Plan and the establishment of mechanisms, including developer fees, to mitigate the impacts of development within the area on traffic and drainage.

B.

Use of revenues from fees to meet public facility needs. All revenues from the fees assessed and levied on new development pursuant to the provisions of this Article will be used for the acquisition and development of public facilities within the North Chico Specific Plan Area needed because of such new development. In accordance with the provisions of this Article, all such revenues must be deposited in funds or accounts designated for such use only and of benefit to the development upon which the fees are imposed.

C.

Fees do not exceed level necessary to meet need. The fees assessed and levied on new development pursuant to the provisions of this Article will not exceed that which is necessary to fund the public facilities attributable to the development upon which such fees are imposed. By reason of the foregoing, the Board of Supervisors determines that there is a reasonable relationship between the amount of the fees provided for by this Article and the cost of the facilities attributable to the new development upon which the fees are imposed.

D.

Other funding not available. In order to carry out the programs, policies and goals of the North Chico Specific Plan, and, because no other feasible means appear to be available to fund all of the costs of the new public facilities required by reason of new development occurring in the said Area, the Board of Supervisors of the County of Butte has adopted this Article establishing development impact fees in the North Chico Specific Plan Area.

E.

Purpose of fees. The purpose of the fees assessed and levied by this Article is to defray the cost of improvements to those public facilities within the North Chico Specific Plan Area made necessary by the anticipated increase to or change in the use of real property within such areas.

F.

Facilities identified. The facilities which will be financed wholly or in part by the fees are those new street, trail, drainage, fire protection and park facilities identified in the provisions of this Article and the North Chico Specific Plan, including but not limited to Chapter 8 of said Plan.

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 3-163, 3-164, and 3-169.

H.

Relationship between need for facilities and type of development. There is a reasonable relationship between the need for the 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 3-163 and 3-164.

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 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 3-164, and in Chapter 8, Implementation, of the North Chico Specific Plan.

(Ord. No. 3841, § 1, 12-10-02)