The city council makes the following findings and determinations provided for in Section 66001 of the Government Code in regard to the street facility reimbursement fees assessed and levied pursuant the provisions of this chapter:
A. The city council finds that developers of property located in the city are often required to construct and install off-site street facilities incident to or as a condition of the approval or issuance of a final map, parcel map, certificate of compliance for a minor land division or a building permit which, while necessary to serve development occurring on their property, also adjoin other properties, reduce the cost of additional development occurring on such other properties by eliminating the need for the construction and installation of such street facilities at the time such development occurs, and, by reason thereof, directly benefit such other properties. Similarly, the city and the Chico Redevelopment Agency often construct and install street facilities adjoining properties located in the city which directly benefit such properties. Because such street facilities benefit adjoining properties, the city council finds that it is equitable and proper to assess and levy a fee on the owners of such properties incident to and as a condition of additional development occurring on the properties in an amount equal to each property's proportional share of the cost of constructing and installing the street facilities, and to use the revenue derived from such fees for the purpose of reimbursing the initial developer, the city or the Chico Redevelopment Agency for the cost of constructing and installing that part of such street facilities which benefit such adjoining properties. By reason of the foregoing, the city council determines that there is a reasonable relationship between the street facilities, the costs of which will be reimbursed with the fees assessed and levied pursuant to the provisions of this chapter, and the development upon which such fees are imposed.
B. The city council finds that the revenues from the street facility reimbursement fees assessed and levied pursuant to this chapter will be used to reimburse developers, the city or the Chico Redevelopment Agency as and for the cost of that part of the street facilities constructed and installed by them which benefit the adjoining properties for which such fees are assessed. In particular, the city council finds that in accordance with the provisions of this chapter, the revenue from the street facility reimbursement fees assessed and levied against an owner of property pursuant to a memorandum of reimbursable street facility costs approved under this chapter must be used for the purpose of reimbursing the initial developer over a period of 15 to 30 years for the cost of that part of the street facilities constructed and installed by the initial developer which benefit such property, all in accordance with the terms and conditions of a reimbursement agreement between the city and initial developer executed in the manner provided by this chapter. Similarly, the revenue from the street facility reimbursement fees assessed and levied against an owner of property pursuant to a memorandum of reimbursable street facility costs approved by the city council for the city or the Chico Redevelopment Agency in the manner provided by this chapter must also be used for the purpose of reimbursing the city or Chico Redevelopment Agency for the cost of that part of the street facilities constructed and installed by the city or the Chico Redevelopment Agency which benefit such property. By reason of the foregoing, the city council determines that there is a reasonable relationship between the use of street facility reimbursement fees provided for by this chapter and the development upon which such fees are imposed.
C. The city council finds that the street facility reimbursement fees assessed and levied pursuant to the provisions of this chapter for the purposes of reimbursing developers, the city or the Chico Redevelopment Agency as and for the costs of constructing and installing street facilities which benefit adjoining properties will be in an amount equal to each such property's proportional share of such costs. In particular, the city council finds that in accordance with the provisions of this chapter, the amount of street facility fees assessed and levied pursuant to a memorandum of reimbursable street facility costs approved by the city council for an initial developer, the city or the Chico Redevelopment Agency in the manner provided by this chapter will be based on the product of the cost per foot of constructing such street facilities, determined from the actual costs incurred by the initial developer, the city or the Chico Redevelopment Agency in designing, constructing and installing the street facilities, or as calculated from unit street facility costs established by resolution of the city council, whichever is less, multiplied by the total footage of that part of a benefitted parcel fronting on the street facilities and adjusted for any increase in the cost of constructing and installing street facilities between the date such costs were incurred and the date such fees are paid. By reason of the foregoing, the city council determines that there is a reasonable relationship between the amount of the street facility reimbursement fees provided for by this chapter and the cost of the street facilities for which the fees are assessed.
(Ord. 1897 (part), Ord. 2158 §1)