The city council finds and declares that the purpose of this chapter is as follows:
(A) The general plan of the city requires that the city be provided, in a time frame related to its development, with an adequate level of traffic and circulation infrastructure.
(B) New development, and the expansion of existing development, within the city imposes a burden on the existing traffic and circulation infrastructure by adding additional traffic and by creating a need for new traffic and circulation infrastructure. Such burdens may vary by the type of land use.
(C) Analysis of the land use expected at buildout of the city pursuant to the general plan makes it possible to estimate the number of trips generated by different types of land uses, to analyze the traffic and circulation infrastructure or facilities necessary to support those trips, and to determine which land uses will utilize such infrastructure. It is therefore possible to construct a fee, based on trip generation, which equitably spreads the burden of traffic and circulation infrastructure or facilities to those who will create the need for them and utilize them. It is the intent of this chapter to create such a fee, spreading costs of traffic and circulation infrastructure to those who create the need for such infrastructure, without generating any surplus to the general fund. It is the further purpose of this chapter to implement the general plan by assuring that adequate public facilities are financed and provided to serve the city.
(D) The fee established by this chapter has been calculated in the manner set forth in the study so as to pay for those facilities listed in the traffic mitigation fee capital improvement program.
(E) The fee established by this chapter is in addition to any other fees or charges required by law as a condition of development.
(F) The fee established by this chapter is to be collected for public improvements and facilities for which an account has been established and funds appropriated.
(G) The failure to impose the conditions and regulations of this chapter relating to payment of the fee on building permits would jeopardize residents of the community, in that it would permit construction to proceed without adequate infrastructure or means of financing said infrastructure.
(H) The requirement of this chapter to pay the fee is necessary in order to assure compliance with the applicable zoning ordinance and general plan requirements for the infrastructure funded by this chapter.
(I) For a period of greater than ten (10) days prior to adoption of this chapter, data has been available to the public and to developers and their representatives indicating the cost or estimated cost of all the infrastructure to be funded, the revenue sources anticipated and the means of spreading these costs.
(J) The city council has considered the effect of the fee imposed by this chapter with respect to the housing needs of the city as a whole and of the region, particularly as required by the housing element of the general plan, and the city council finds that this chapter does not unduly adversely affect the city's ability to provide for such needs.
(K) The establishment of the fee is for the purpose of obtaining funds for capital projects, necessary to maintain service required by the general plan within developing and existing portions of the city which land use designations have already been granted. (Ord. 1461, 7-11-1989)