§ 4.60.020. Findings.

The board of supervisors, having reviewed and considered the report entitled: "County of Riverside Development Impact Fee Study Update Draft Final Report (Report)" and the Development Impact Fee Capital Improvement Plan (DIF Capital Improvement Plan) finds and determines that:

A.

In order to effectively implement the Riverside County Comprehensive General Plan, manage new residential, commercial, industrial, surface mining and winery development, and address impacts caused by such development, certain facilities must be constructed or acquired.

B.

In order for the county to construct or acquire the needed facilities, it is necessary to require that all new development bear its fair share cost of providing the facilities reasonably needed to serve that development. However, new development shall not be unfairly burdened with the cost of facilities associated with serving the existing population.

C.

Development impact fees (fees) are hereby created for that purpose.

D.

As indicated in the report, the fees set forth herein do not reflect the entire cost of the facilities needed in order to effectively meet the needs created by new development. Additional revenues will be required from other non-fee sources. The board finds that the benefit to each development project is greater than the amount of the Fees to be paid by that project.

E.

Payment of the fees does not necessarily mitigate to a level of insignificance all impacts from new development. Whether impacts associated with a particular development project have been mitigated to a level of insignificance will be determined by the county on a case-by-case basis. If the county determines that payment of the fees, coupled with other feasible mitigation measures, does not mitigate impacts to a level of insignificance, an environmental impact report will be required for the development project in question.

F.

The criminal justice public facilities, library construction, fire protection facilities, traffic signals, regional parks, regional trails, flood control, regional multi-service centers, and library books/media components of the report and DIF Capital Improvement Plan includes data compiled from information provided by various county departments and the Riverside County Regional Park and Open Space District and the Riverside County Flood Control and Water Conservation District; based on the anticipated needs of the county due to future development during the next ten (10) years.

G.

The Transportation Improvement Facilities Component of the Report and DIF Capital Improvement Plan includes data compiled from information provided by the Transportation and Land Management Agency based on the anticipated needs of the County due to future development during the next twenty-five (25) years.

H.

The fees collected pursuant to this ordinance shall be used toward the construction and acquisition of facilities identified in the DIF Capital Improvement Plan. The need for the facilities is related to new residential, commercial, office, industrial, surface mining and winery development because such new development will bring additional people and other uses into the County thus creating an increased demand for the Facilities.

I.

The cost estimates set forth in the report and the DIF Capital Improvement Plan are reasonable cost estimates for the facilities and that portion of the fees expected to be generated by new development will not exceed the total fair share of these costs.

J.

Failure to mitigate growth impacts on facilities within the county will place residents in a condition perilous to their health, safety and welfare.

K.

There is a reasonable relationship between the use of the fees and the type of development projects on which the fees are imposed because the fees will be used to construct the facilities and the facilities are necessary for the health and welfare of the residential, commercial, office, industrial, surface mining, and winery users of the development projects on which the fees will be levied.

L.

There is a reasonable relationship between the need for the facilities and the type of development project on which the fees are imposed because it will be necessary for the residential, commercial, office, industrial, surface mining, and winery users of the development projects to have access to the facilities in order to use, inhabit, and have access to the development projects. New development will benefit from the facilities and the burden of such new development will be mitigated in part by the payment of the fees.

M.

Even though second units and guest quarters on existing single family lots may also contribute to the need for certain of the facilities, the board refrains from imposing fees on such development at this time, and in this regard finds that second units and guest quarters: (1) provide a cost-effective means of serving development through the use of existing infrastructure, as contrasted to requiring the construction of new costly infrastructure to serve development in undeveloped areas; (2) provide relatively affordable housing for low and moderate income households without public subsidy; and (3) provide a means for purchasers of new or existing homes to meet payments on high interest loans.

N.

This ordinance is for the purpose of promoting public health, safety, comfort, and welfare and adopts means which are appropriate to attaining those ends.

(Ord. 659.7 § 2, 2006: Ord. 659.6 § 2, 2001)

(Ord. No. 659.13, § 2, 1-13-2015)