§ 3-311. 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 and development of additional health and social services facilities. Over time, existing health and social services facilities 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 health and social services facilities by five thousand (5,000) square feet to serve new development through the planning horizon of 2035.

(b)

Use of Revenues From Fees to Meet Health and Social Services 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 health and social services facilities within the unincorporated and incorporated area of Butte County, which will meet the need for such facilities caused by such new residential development. In accordance with the provisions of this article, all such revenues must be deposited into a health and social services facility account and thereafter appropriated by the board of supervisors for the acquisition, development or improvement of health and social services facilities of benefit to the persons owning the structures upon which the fees are imposed. Health and social services facilities will include the capital cost of expanding Behavioral Health, Child Support Services, Employment and Social Services and Public Health facilities, including the design, engineering, construction, land acquisition costs, furniture, fixtures and equipment for the expanding facilities.

(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 health and social services facilities 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 five thousand (5,000) square feet of health and social services facilities and related furniture, fixtures and equipment made necessary by the increases 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, 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 acquisition, development or improvement to those health and social services facilities within the unincorporated and incorporated area of Butte County made necessary by the anticipated increases in population, housing units and jobs.

(f)

Health and Social Services 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 and related furniture, fixtures and equipment identified in the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012 and/or those facilities, facilities improvements, and related furniture, fixtures and equipment indentified in the capital improvement plan approved by the board of supervisors entitled the Butte County Capital Improvement Program, and the facilities, facilities improvements and related furniture, fixtures and 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 Section 3-313, Section 3-314 and Section 3-320.

(h)

Relationship Between Need for Facilities and Type of Development. There is a reasonable relationship between the need for health and social services 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, Section 3-313 and Section 3-314.

(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 health and social services 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 3-314 and chapter 2 and chapter 6 of the Butte County Public Facilities Fee Nexus Study 2012 Update, dated October 5, 2012.

(Ord. No. 4067, § 2, 10-8-13)