§ 3-229. 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 population 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 or nonresidential development occurring within Butte County that will create a need for the acquisition, development or improvement of additional sheriff facilities, vehicles and equipment. Over time, existing sheriff facilities, vehicles and equipment will become insufficient in number, size and location to meet the needs of new residential or nonresidential development. Based on the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, new residential or nonresidential development occurring within Butte County will create the need for an additional thirty-seven thousand (37,000) square feet of space for sheriff facilities, as well as additional vehicles and equipment to serve new development through the planning horizon of 2035.

(b)

Use of Revenues From Fees to Meet Sheriff Facilities, Vehicles and Equipment Needs. All revenues from the development impact fees authorized and levied on new residential or nonresidential development pursuant to the provisions of this article will be used for the acquisition, development or improvement of additional sheriff facilities, vehicles and equipment within the unincorporated area of Butte County, which will meet the need for such facilities, vehicles and equipment caused by such new residential or nonresidential development. In accordance with the provisions of this article, all such revenues must be deposited into a sheriff facilities, vehicles and equipment account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of sheriff facilities, vehicles and equipment, of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed.

(c)

Fees Do Not Exceed Level Necessary to Meet Need. The development impact fees authorized and levied on new residential or nonresidential development pursuant to the provisions of this article will not exceed that which is necessary to fund the sheriff facilities, vehicles and equipment attributable to the new residential or nonresidential development upon which such fees are imposed. In particular, the development impact fees authorized and levied on new residential or nonresidential development will be equal to that necessary to fund an additional thirty-seven thousand (37,000) square feet of space for sheriff facilities, as well as additional vehicles and equipment made necessary by the anticipated increases in population, housing units and jobs.

(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, or acquisitions of, those sheriff facilities, vehicles and equipment within the unincorporated area of Butte County made necessary by the anticipated increases in population, housing units and jobs.

(f)

Sheriff's Facilities, Vehicles and Equipment Identified. The facilities, vehicles and equipment 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 the facilities, facilities improvements, vehicles and equipment 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 3-231, 3-232 and 3-240.

(h)

Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the sheriff facilities, vehicles and equipment 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 3-231 and 3-232.

(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 sheriff facilities, vehicles and equipment 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 3-232, and chapter 2 and chapter 8 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4069, § 1, 10-8-13)