The Mayor and Common Council find as follows:
(A) The provision of new and expanded facilities and infrastructure is necessary to protect and promote the health, safety, and welfare of all the citizens of the City of San Bernardino by reducing the adverse effects of urbanization and development.
(B) It is necessary to enact and implement certain development fees to assure that all development within the City pays its fair share of the costs of providing necessary public facilities and infrastructure to accommodate such new development.
(C) A proper funding source for the costs associated with new development is a specific development or facilities fee for each type of facility related to the specific need created by the development and reasonably related to the relative cost of providing such necessary public facilities.
(D) The Development Impact Fee Calculation and Nexus Report justifies the imposition of each development fee on new construction by analyzing the Master Facility Plan, as defined herein, assigning the costs on a fair-share basis to the various types of development, and assigning the resulting fee per dwelling unit and/or commercial/ industrial square footage, based on the anticipated burden of such new dwelling unit and/or commercial/industrial area on City facilities and infrastructure and the need created by such dwelling unit and/or commercial/industrial area for new and expanded facilities and infrastructure.
(E) The primary purpose of the fees is to mitigate the impact on City facilities and infrastructure caused by increased demand for facilities and infrastructure from persons generated by new development.
(F) The fees will be used to finance public facilities and infrastructure, specifically local circulation system improvements (streets, traffic signals, and bridges); regional circulation system improvements; law enforcement and fire protection facilities, vehicles, and equipment; library facilities and collection; public meeting facilities; aquatics facilities; and parkland and open space acquisition and development.
(G) The use of the fees to fund such public facilities and infrastructure is reasonably related to the impacts of residential development and other development on the City as more fully described in the Development Impact Fee Calculation and Nexus Report.
(H) The need for development fees to fund such public facilities is reasonably related to impacts on the City of residential development and other development as more fully described in the Development Impact Fee Calculation and Nexus Report.
(I) To assure fair and legally sound implementation of the development fees established in this chapter, such fees shall be reviewed annually and the amounts of such fees shall be adopted by resolution of the Mayor and Common Council at a public hearing.
(J) To assure fair implementation of the development fees established in this chapter, the City must have the latitude to phase the imposition of certain fees. (K) To assure fair implementation of the development fees established in this chapter, the City must have the latitude to defer such fees in special cases, after notice and hearing, where better or more fair financing arrangements would result from such deferral.
(L) To assure fair implementation of the development fees established by this chapter, provisions must be made for extending such fees to subsequently annexed land that benefits from the public facilities funded by these fees.