§ 3-291. 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 criminal justice facilities. Over time, existing criminal justice facilities will become insufficient in number, size and location to meet the needs of new residential and nonresidential development. Based on the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012, new residential and nonresidential development will create the need for an additional thirteen thousand (13,000) square feet of criminal justice facilities to serve new development through the planning horizon of 2035.

(b)

Use of Revenues From Fees to Meet Criminal Justice 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 for the acquisition, development or improvement of additional criminal justice facilities, vehicles and equipment within the unincorporated and incorporated 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 criminal justice facilities account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of criminal justice facilities, vehicles and equipment of benefit to the persons owning, or residing and working in the structures upon which the fees are imposed. The fees will cover the design and engineering, construction, land acquisition and other necessary project costs (including project management and environmental costs) related to providing building facilities for the District Attorney's Office or Probation Department, including juvenile detention, and vehicles and equipment made necessary by the increase in population, housing units and jobs.

(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 criminal justice 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 an additional thirteen thousand (13,000) square feet of space for criminal justice facilities, as well as vehicles and equipment made necessary by the increase 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 criminal justice facilities, vehicles and equipment within the unincorporated and incorporated area of Butte County made necessary by the increases in population, housing units and jobs.

(f)

Criminal Justice 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, 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, Section 3-293, Section 3-294 and Section 3-300.

(h)

Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for the criminal justice facilities, vehicles and equipment and the type of development projects on which the fees are imposed as set forth in the provisions of this article, including, but not limited to, Section 3-293 and Section 3-294.

(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 criminal justice 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 3-294, and chapter 2 and chapter 3 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4063, § 2, 10-8-13)