The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will generate additional vehicle travel, which impacts regional circulation systems. This traffic will create a need for regional transportation system improvements such as freeway interchanges, railroad grade separations, and regional arterial highways to accommodate increased traffic from new residential development and commercial/ industrial development.
(B) The Master Facility Plan establishes the costs and a fair method for the allocation of new development's share of regional circulation system improvement costs and fee apportionment, and the apportioned fees are applicable to all property within the affected territory.
(C) The provision of regional circulation system improvements is identified in the Circulation System section of the Master Facility Plan and is necessary to mitigate the impacts of development upon the regional circulation system within the City as contained in Appendix K of the San Bernardino County Congestion Management Plan.
(D) The SANBAG Development Mitigation Nexus Study identifies the required development contribution levels or fair share amounts for each city and sphere of influence, and the City's regional circulation system impact fee will provide sufficient revenue to meet or exceed the required amounts.
(E) The entire affected territory will derive benefit from the construction or reconstruction of regional circulation system improvements 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 Mayor and Common Council hereby approve the development impact fee report and the addendum, and based. thereon finds that new development in the affected territory will create regional circulation system needs that the construction and acquisition of the public improvements funded by this chapter and Measure I 2010-2040 will meet
(G) The Mayor and Common Council also find that the share of regional circulation system improvements 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 regional circulation system improvements created by such development.
(H) The facts and evidence establish that there is a reasonable relationship between the need for the described regional circulation system improvements 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 freeway interchanges, railroad grade separations, and regional arterial highways proposed therein and the fees collected from residential and other development will not exceed the reasonably estimated total of these costs.
(J) The regional circulation system fees collected pursuant to this chapter shall be used only to finance the City's fair share of the regional circulation system improvements described or identified in the Circulation System section of the Master Facility Plan.
(K) The regional circulation systems fee is hereby imposed on new residential, commercial, and industrial development, and the amount of such fee shall be set by resolution of the Mayor and Common Council.
(L) In accordance with Appendix J of the San Bernardino County Congestion Management Plan, the Mayor and Common Council shall update regional circulation system project cost estimates on an annual basis, and adjust the regional circulation systems fee based on the updated estimates. The fee adjustments will be based on an escalation factor approved by the SANBAG Board of Directors.