The City Council finds as follows.
(A) The subdivision and development of property within the South Corona area will create a need for and will require the construction of landscaped areas within and outside the right-of-way for specific projects.
(B) Pursuant to Cal. Gov’t Code §§ 66000 et seq. and the city’s police powers, the city may impose by ordinance a requirement for the payment of fees to pay for the actual or estimated costs of constructing necessary landscaping improvements.
(C) A landscape study entitled "South Corona Landscape Facilities Fee Study" and dated May 1, 1989 ("Landscape Fee Study") has been prepared by the city staff. That study describes in detail the landscaping needs which are required for the area, contains an estimate of the total cost of landscaping off-site and on-site areas and contains a map of such landscape areas showing their boundaries and the proposed landscape plan.
(D) After considering the Landscape Facilities Fee Study and the testimony received at this public hearing, the Council approves the Landscape Facilities Fee Study and based thereon finds that new development in the South Corona area will create additional landscape impacts and will contribute to the degradation of existing landscaping in the South Corona area.
(E) The Council also finds that costs of the landscaping funded by this chapter are apportioned relative to the anticipated detrimental landscape impact created by improvements within the South Corona area, and that the fees are fairly apportioned throughout the South Corona area on the basis of benefits conferred on property proposed for development or the need for such landscaping created by the proposed development.
(F) The Council also finds that the fee as to any property proposed for subdivision within such a local area represents and does not exceed the fair share of the amount of the total actual or estimated cost of all landscaping within such area as required by Cal. Gov’t Code § 66843(e).
(G) The Council also finds that the facts and evidence presented establish that there is a reasonable relationship between the need for the described public improvements and the impacts of 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 city’s Landscape Facilities Fee Study.
(H) The Council also finds that the cost estimate set forth in the Landscape Facility Fee Study is a reasonable cost estimate for the landscaping proposed therein, and the fees expected to be generated by new development will not exceed the total of these costs.
(I) The landscape fees collected pursuant to this chapter shall be used only to finance the landscaping improvements described or identified in the Landscape Facilities Fee Study.
(`78 Code, § 16.25.110.) (Ord. 1944 § 1 (part), 1989.)