The City Council finds as follows:
(A) The development of residential and other property in the affected territory will generate additional vehicle travel. This traffic will create a need for expansion of existing streets, bridges, and roads to accommodate increased traffic from new residential development and commercial/industrial development.
(B) Pursuant to Cal. Government Code § 66484 and the city's police powers, the city may require payment of fees under Cal. Government Code § 66484 only when the streets and roadways are in addition to, or a reconstruction of any existing streets and roadways serving the area at the time of the adoption of the boundaries of the area of benefit. In addition, it is hereby determined that:
(1) The construction or reconstruction of these streets, bridges, and roadways is in compliance with the circulation element of the city's general plan and is for the primary purpose of carrying through traffic and providing a network connection to the state highway system; and
(2) The Master Facility Plan establishes the boundaries of the area of benefit, costs and a fair method for the allocation of costs and fee apportionment; and
(3) The method of apportionment does not provide for higher fees on land which abuts the proposed improvement, except where the abutting property is provided with direct usable access; and
(4) The apportioned fees are applicable to all property within the affected territory and shall be payable as a condition to the issuance of a building permit.
(C) The provision of expanded streets, bridges and roadways is identified in the Streets and Roadways section of the Master Facility Plan and is necessary to provide adequate streets and roadways services within the city.
(D) The general plan of the city includes and identifies in the circulation element and the transportation provision thereof, among other things, streets, bridges and roadways within the city with the primary purpose of carrying through traffic and providing a network connecting to the state highway system.
(E) The entire affected territory will derive benefit from the construction or reconstruction of streets, bridges, and roadways and should be assessed per the provisions of this chapter and pay a fair share of the cost thereof based on the benefit derived therefrom.
(F) After consideration of the development impact fee report, the addendum thereto and testimony at this public hearing, the City Council hereby approves the development impact fee report and the addendum, and based thereon finds that new development in the affected territory will create streets and roadways needs that the construction and acquisition of the public improvements funded by this chapter will meet.
(G) The City Council also finds that the cost of the streets, bridges, and roadways funded by this chapter is apportioned relative to the anticipated contribution to traffic created by residential and other development in the affected territory, and that the fees are fairly apportioned on individual dwelling units and commercial/industrial space throughout the affected territory on the basis of benefits conferred on property to be developed and the need for such streets and roadways created by such development.
(H) The facts and evidence establish that there is a reasonable relationship between the need for the described public facilities and the needs created by the types of development on 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. This reasonable relationship is described in more detail in the development fee impact report and the addendum thereto.
(I) The cost estimates set forth in the development impact fees report are reasonable cost estimates for constructing or reconstructing the streets and roadways proposed therein and the fees collected from residential and other development will not exceed the reasonably estimated total of these costs.
(J) The streets, bridges, and roadways fees collected pursuant to this chapter shall be used only to finance the streets and roadways described or identified in the Streets and Roadways section of the Master Facility Plan.
(K) Notice of the hearing at which this chapter has been adopted has been properly given as required by Cal. Government Code §§ 65091 and 66484 and written protests, if any, filed and not withdrawn at the time of adoption of this chapter reflect less than one-half the owners of land in the area of benefit. As such, the boundaries of the area of benefit, the costs and the method of allocation and fee apportionment are hereby established and shall, upon adoption, be transmitted to the Riverside County Recorder's Office via certified copy.
(Ord. 2630 § 4, 2003; Ord. 2552 § 3, 2001.)