§ 3-248. 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 (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 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 transportation facilities. Over time, existing transportation facilities 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 to fund twenty-nine percent (29) of the total costs of improvements for the 2035 planning horizon. The transportation improvements within the planning horizon include road, intersection and bridge projects within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area).

(b)

Use of Revenues From Fees to Meet Transportation Facilities 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 to fund the calculated fair-share percentage of costs for the acquisition, development or improvement of transportation facilities within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area), which will meet the need for such transportation facilities caused by such new residential or nonresidential development. In accordance with the provisions of this article, all such revenues must be deposited into a transportation facilities account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of transportation facilities of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed. Fees will be spent on design, engineering, environmental review and construction support costs for the construction of roads, bridges, traffic signals, transit facilities, sidewalks and bike paths.

(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 fair-share costs of transportation facilities 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 the fair share costs of acquisition, development or improvement of transportation facilities made necessary by 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, or acquisitions of, those transportation facilities within the unincorporated area of Butte County (excluding the Chico Urban Area and the North Chico Specific Plan Area) made necessary by the anticipated increases in population, housing units and jobs.

(f)

Transportation Facilities Identified. The transportation 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, vehicles and related equipment made necessary by the anticipated 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 3-250, 3-251 and 3-257.

(h)

Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the transportation 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 3-250 and 3-251.

(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 transportation 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 3-251, and in chapter 2 and chapter 9 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4070, § 1, 10-8-13)