§ 1360-010. PURPOSE

(a)

In order to implement the goals and objectives of the Sutter County General Plan and to mitigate the impacts caused by new and anticipated development within Sutter County, including the incorporated cities, certain public improvements identified in the General Plan adopted in 1996 ("General Plan') and the update of the AB 1600 FEE JUSTIFICATION STUDY COUNTY OF SUTTER ("STUDY"), which is hereby adopted by the Board of Supervisors and a copy of which is on file in the office of the Clerk of the Board of Supervisors, must be constructed. The Board of Supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for new development's fair share of the acquisition and improvement construction costs and other costs necessary or convenient to insure conformity to or implementation of the General Plan. In establishing the fee described in the following sections, the Board of Supervisors has found the fee to be consistent with the General Plan and, pursuant to Government Code Section 65913.2, has considered the effects of the fee with respect to the County's housing needs as established in the Housing Element as well as all other elements of the General Plan.

(b)

The Board of Supervisors finds and declares that the purpose of this chapter is to promote and carry out the following policies of the Sutter County General Plan:

(1)

Public Facilities and Services Element: The Public Facilities and Services Element of the referenced General Plan states that as population and traffic increase, the transportation network must be expanded.

(2)

Transportation and Circulation Element: The Transportation and Circulation Element of the referenced General Plan and the Environmental Impact Report for the referenced General Plan states that the existing major street system cannot adequately accommodate the projected future traffic. In order to deal with the projected traffic, a combination of alternatives should be considered, including upgrading the existing transportation network.

(3)

Mitigation of Identified Environmental Effects: The environmental Impact Report for the referenced General Plan identifies possible mitigation measures appropriate to respond to the effects of urbanization.

(4)

Conservation/Open Space Element: The implementation set forth in the element includes a statement that the County should actively pursue every source of funding for park development and that funding sources include revision of existing County subdivision park fee structures in order to generate additional acquisition funds.

(c)

Conditions which have been and will be imposed upon the approval of rezonings, variances, maps, use permits, planned unit development plans, building permits, general plan amendments, and other entitlements for use for certain projects within Sutter County require landowners and applicants to mitigate the project's impacts upon public facilities, including roadway and park facilities identified during review of the project proposal. Other conditions which have been and will be imposed require compliance with a fee program such as established in this chapter, when adopted, or a similar public infrastructure funding mechanism.

(d)

An additional purpose of this chapter is to use the authority in Article XI, Section 7 of the California Constitution by imposing fees to fund the cost of public infrastructure, the need for which is generated by the type and level of development designated in the General Plan in effect in Sutter County and Yuba City on the date of adoption of this chapter.

(e)

It is the further purpose of this chapter to implement subdivision (b) to assure that adequate public facilities are financed for the development's fair share of the construction costs of these improvements.

(f)

The Board of Supervisors has determined that a development impact fee is needed in order to finance these public improvements and to pay for the development's fair share of the construction costs of these improvements.

(g)

The Board of Supervisors hereby repeals Resolution Number 92-121 adopted by the Sutter County Board of Supervisors on August 25, 1992, establishing the Development Impact Fees on behalf of the Walton Fire Protection District.