The city council makes the following findings required by Section 66001 of the California Government Code in regard to the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees assessed and levied pursuant to the provisions of this chapter:
A. The city council finds that the only environmentally sound method to dispose of domestic and industrial wastewaters from residential and nonresidential development occurring in a community the size of the Chico community is through community sewer facilities which, like the city's sewer system, are capable of collecting such wastewaters and treating the wastewaters to at least secondary treatment standards. The city council also finds that there is a particular need for such community sewer facilities to serve residential and nonresidential development occurring in the Chico community in that by reason of the high nitrate levels in the groundwaters underlying the Chico community, caused in large part by the individual septic tank and leach field waste disposal systems which now serve a significant segment of the Chico community, the Regional Water Quality Control Board for the Central Valley Region has adopted an order which requires existing development in the Chico community to discontinue the use of such septic tank and leach field waste disposal systems no later than July 1, 1996, and which prohibits the use of such septic tank and leach field waste disposal systems for new development occurring within the Chico community on and after the date of such order, save and except for septic tank and leach field waste disposal systems serving development whose density does not exceed the equivalent of one residential dwelling unit per acre. By reason of the foregoing, the city council finds that new development would be unable to proceed in the city or other parts of the Chico community without the community sewer facilities to be funded with the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees assessed and levied pursuant to the provisions of this chapter. Accordingly, the city council finds that there is a reasonable relationship between the need for the public facilities to be funded with such fees and the residential and nonresidential development upon which such fees are imposed.
B. The city council finds that all revenues from the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees assessed and levied on residential and nonresidential development pursuant to the provisions of this chapter must be used for the purpose of providing additional capacity in the city water pollution control plant, sewer trunklines, sewer lift stations, sewer main facilities, and sewer lateral facilities sufficient in amount to replace the sewer facilities or capacity in such sewer facilities which is utilized by such development, and/or to pay any debt or other obligation incurred by the city in previously providing the sewer facilities or capacity in such sewer facilities which is utilized by such development. By reason of the foregoing, the city council finds that the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees assessed and levied on residential and nonresidential development pursuant to the provisions of this chapter provide an ongoing means for immediately making capacity in the city's sewer system available to new development as such development occurs. Accordingly, the city council determines that there is a reasonable relationship between the use of the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees provided for by this chapter and the residential and nonresidential development upon which such fees are imposed.
C. It is the intent of the city council that all water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees assessed and levied on residential and nonresidential development pursuant to the provisions of this chapter be based on the replacement cost of capacity in the city water pollution control plant, sewer trunklines, sewer lift stations, sewer main facilities, and sewer lateral facilities which is utilized by such development. Towards this end, city council decisions to adopt the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees and sewer lateral installation fees provided for by this chapter, as well as city council decisions to increase or decrease any such fees, have and will continue to be based on a “connection fee nexus report” prepared by or under the direction of the director. Such reports set forth the various factors and calculations considered and made in establishing such fees. In addition such reports demonstrate that the particular fee or fees addressed by the report are, in fact, less than or equal to the replacement cost of the sewer system facilities utilized by the residential or nonresidential development for which the fee is assessed. Following a city council decision to adopt, increase or decrease any such fee, copies of the report are maintained on file in the office of the city clerk at all times the fee remains in effect. Accordingly, the city council has provided the means for establishing and documenting the reasonable relationship between the amount of the water pollution control plant capacity fees, trunkline capacity fees, lift station capacity fees, sewer main installation fees, and sewer lateral installation fees provided for by this chapter and the cost of the water pollution control plant facilities, sewer trunkline facilities, sewer lift station facilities, sewer main facilities, and sewer lateral facilities attributable to the residential or nonresidential development upon which the fees are assessed.
(Ord. 1865 §2, Ord. 1980 §1, Ord. 2049 §2, Ord. 2092 §3, Ord. 2364 §249)