The Board of Supervisors makes the following findings:
(a)
The Board of Supervisors and Tulare County ("County") staff have observed and continue to express concern that new residential, commercial, industrial and manufacturing development in the County places increasing demands on a variety of County public facilities and infrastructure.
(b)
County public facility and infrastructure needs have grown as the population of the county has grown in the past, and will continue to grow at least as fast as the population increases. New residents and employees are likely to require the same services as the County now provides to existing residents and employees.
(c)
Funding sources for County public facilities and infrastructure such as property taxes and Federal Revenue Sharing funds have been substantially reduced so that these funding sources are no longer adequate to meet demands by such new development.
(d)
Such new development creates a need for new public facilities and infrastructure including but not limited to parks and open space facilities, public works facilities, library facilities, fire protection facilities, ground water recharge facilities, flood control facilities, storm drainage facilities, water wells and water management facilities, sewage disposal and solid waste disposal facilities, facilities for sheriff patrol and investigation, animal control, and other public safety services, and facilities for health and social services, agricultural commissioner facilities and other general government services. It is determined that new development should pay the costs for these increased needs.
(e)
Historically 75% to 85% of new development and population growth in Tulare County has been directed to incorporated cities. It is determined that such new development and population growth within the Cities make demands upon, impact and create the need for new or expanded County facilities and infrastructure (described in subsection (d)) and that to this point, this new development has not borne its fair share of the costs for additional County public facilities. 2010 Census information has confirmed that over 95% of growth occurring within Tulare County is within the incorporated cities. It is determined that such new development should pay the costs for this increased need. Otherwise, the costs of these public facilities and infrastructure will be unfairly borne by only those residing in the unincorporated areas of the County, while City residents receive the same County service and/or require County services, or will unfairly reduce the level of service provided to present County and City residents. In order to recover its costs resulting from development within Cities, pursuant to agreement with a City set forth in Article 7, the County may exercise authority over that development, solely to the extent of requiring payment of a fee.
(f)
Fees collected under this Chapter will go toward public facilities and infrastructure for Countywide services and services provided by the County to City residents. The most conservative judgment supports the finding that facilities of at least the type provided for by this Chapter will be needed as well as facilities that may be identified through future studies. The County will set any fees collected under this Chapter in accordance with the Mitigation Fee Act as set out in the California Government Code, Section 66000 et seq., as amended from time to time.
(g)
This Chapter properly limits use of all fees collected to public facilities, improvements, fixed assets and furnishings attributable to new development, and further limits use of fees to specific categories of facilities and improvements until and unless subsequent evidence justifies reallocation.
(h)
The purpose of the fees required by this Chapter is to pay for costs of additional public facilities, improvements, fixed assets and furnishings used to provide County-wide services and services provided by the County to City residents as described in any impact fee studies or reports, capital improvement plans, or other studies or reports which will be prepared from time to time by or at the direction of the County in compliance with the Mitigation Fee Act.
(i)
The fees received pursuant to this Chapter are to be used to assess the need to plan, design, construct, develop, lease-purchase and otherwise acquire the public facilities, infrastructure, improvements, fixed assets and furnishings identified in the studies, reports or plans mentioned in subsection (h).
(j)
Fees collected under this Chapter will be used to fund public facilities and infrastructure required to furnish the services more specifically described in the studies, reports or plans mentioned in subsection (h). These services and public facilities will be needed as a result of the additional residents and employees in the developments which pay the fees.
(k)
Adoption of this Chapter does not have the potential to cause a significant effect on the environment. This Chapter does not authorize new development or require it. Rather it provides that, if and when development is approved, under whatever laws and policies are otherwise in effect, that development will be subject to fees as provided in this Chapter. This Chapter does not approve or foreordain approval of any public facilities nor mandate or alter the level of facilities to be constructed. Therefore, further review of the ordinance codified in this Chapter under the California Environmental Quality Act ("CEQA") is not required.
(l)
This Chapter is also exempt from review under CEQA pursuant to California Public Resources Code Section 21080(b)(8) and CEQA Guidelines Section 1527.3(a)(4). This Chapter does not contemplate, identify, change or approve expansion of the area for which County services are provided.
(m)
The cities do not provide the identified public facilities and the related services.
(Added by Ord. No. 3430, effective 8-11-11)