(B) Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.
(C) The development of residential, commercial, and industrial property in the Temescal Canyon Area will create increased calls for police and fire protection services. As a result, new equipment and new facilities to upgrade emergency communications for police and fire services and related equipment will be needed to maintain current levels of service and response times within the Temescal Canyon Area of the city. The boundaries are identified in Appendix A of the Nexus Report.
(D) The City Council finds that the acquisition and construction costs for the Temescal Canyon Area Radio Communications Tower are identified in the Nexus Report and are necessary to provide emergency response services to the Temescal Canyon Area.
(E) The City Council further finds that the Temescal Canyon Area Radio Communications Tower and Facilities Fee is necessary to fund the acquisition and construction costs of the Temescal Canyon Area Radio Communications Tower, as these are identified in the Nexus Report, and is necessary to provide funding to maintain police and fire response services to the Temescal Canyon Area.
(F) With regard to the methodology for levying the Temescal Canyon Area Radio Communications Tower and Facilities Fee, the City Council further finds that:
(1) The Nexus Report describes in detail the number of police and fire calls for service that typical single- and multiple-family residential, commercial/office, and industrial uses generate, the expanded police and fire protection facilities required to service new development in the Temescal Canyon Area, and the estimated costs of emergency communications facilities.
(2) The city's cost for acquiring the Temescal Canyon Area Radio Communications Tower as described in the Nexus Report is based upon the actual cost to acquire the Temescal Canyon Area Radio Communications Tower. Thus, the City Council finds that the method for estimating the cost of acquisition of the Temescal Canyon Area Radio Communications Tower is reasonably based and does not exceed the total cost.
(3) The Land Use Element of the General Plan and Zoning Ordinance of the City of Corona specify the permitted uses of land within the city and place limits on the intensity and density of development. The City Council has reviewed the relationship between land uses and densities permitted and the rate and amount of actual development within the city and its sphere of influence. The City Council has identified trends in growth and development which enable the City Council to project, with a reasonable degree of accuracy, the extent of future development and the impacts such development will have on public safety services and emergency communications needs.
(4) The City Council has also examined the extent to which different land uses generate demands for public safety services and have taken into consideration, among other evidence, the information contained in the Nexus Report discussing such demand generators.
(5) The City Council also finds that the costs of the Temescal Canyon Area Radio Communications Tower, as described in the Nexus Report and as funded by the Temescal Canyon Area Radio Communications Tower and Facilities Fee, is apportioned relative to the anticipated impacts created by new development within the Temescal Canyon Area, and that the fees are fairly apportioned on individual residential dwelling units and proposed commercial/industrial development on a square footage basis throughout the Temescal Canyon Area on the basis of benefits conferred on property proposed for development and the need for such facilities created by such development.
(6) The facts and evidence establish that there is a reasonable relationship between the need for the Temescal Canyon Area Radio Communications Tower and Facilities Fee and the types of development upon which the fee will be imposed, and that there is a reasonable relationship between the fee's use and the types of development for which the fee is charged. These relationships are described in more detail in the Nexus Report.
(7) The facts and evidence further establish that there is a reasonable relationship between the amount of the fees collected and the cost of the Temescal Canyon Area Radio Communications Tower attributable to the development for with the fee is imposed. This relationship is described in more detail in the Nexus Report.
(G) The entire Temescal Canyon Area will derive benefit from the Temescal Canyon Area Radio Communications Tower and should be assessed per the provisions of § 16.22.030 and pay a fair share of the cost thereof based upon the benefit derived therefrom.
(H) The Temescal Canyon Area Radio Communications Tower and Facilities Fees collected pursuant to Chapter 16.22 shall be used only to reimburse the city for financing the acquisition of the Temescal Canyon Area Radio Communications Tower and related facilities described and identified in the Nexus Report.
(I) In accordance with California Government Code Section 66007, with respect to fees charged to residential development, the City Council hereby finds and determines that the fees collected are to be used to reimburse the city for expenditures previously made to acquire the Temescal Canyon Area Radio Communications Tower and its related facilities.
(Ord. 2642 § 2, 2003.)