§ 3-172. 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 Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, projects increases in population, housing units and jobs over a twenty-three (23) year period, from 2012 to 2035. It projects that populations will increase by forty-three (43) percent, housing units will increase by forty-two (42) percent, and jobs will increase by fifty-seven (57) percent. As a result, there will be new residential development occurring within Butte County that will create a need for the acquisition, development or improvement of additional library facilities. Over time, existing library facilities and equipment will become insufficient in number, size and location to meet the needs of new residential development. Based on the Butte County Public Facilities Fees Nexus Study 2012 Update, dated October 5, 2012, new residential development occurring within Butte County will create the need to expand library facilities by eight thousand (8,000) square feet and collection items by forty-four thousand (44,000) to serve new development through the planning horizon.

(b)

Use of Revenues From Fees to Meet Library Facilities Needs. All revenues from the development impact fees authorized and levied on new residential development pursuant to the provisions of this article will be used for the acquisition, development or improvement of library facilities and equipment within the unincorporated and incorporated area of Butte County, which will meet the need for such facilities and equipment caused by such new residential development. In accordance with the provisions of this article, all such revenues must be deposited into a library facility account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of library facilities and equipment of benefit to the persons owning the structures upon which the fees are imposed. Library facilities and equipment will include the capital cost of expanding library facilities and equipment including the design, engineering, construction, land acquisition costs, furniture, fixtures and equipment for the expanding facilities, and acquiring and adding to the library's collection of materials and equipment, including the purchase of mobile library service vehicles.

(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 library facilities and equipment 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 an additional eight thousand (8,000) square feet of library facilities, and forty-four thousand (44,000) collection items to loan for the increase in population, housing units and jobs that will eventually occur in Butte County by the year 2035.

(d)

Appropriateness of Development Impact Fees. Due to the projected increase in population, housing units and jobs, 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 those library facilities within the unincorporated and incorporated area of Butte County made necessary by the anticipated increases in population, housing units and jobs.

(f)

Library Facilities Identified. The facilities that will be financed wholly or in part by the fees include, but are not limited to, those types of facilities, facilities improvements, vehicles and equipment identified in the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012 and/or those facilities, facilities improvements, vehicles and equipment identified in the capital improvement plan approved by the board of supervisors entitled the Butte County Capital Improvement Program, and facilities, facilities improvements and related and associated equipment and collection items made necessary by the increases in population, housing units and jobs.

(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 3-174, 3-175 and 3-181.

(h)

Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the library 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 3-174 and 3-175.

(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 library 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 3-175, and chapter 2 and chapter 7 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4068, § 1, 10-8-13)