3.27.100 Aquatics facilities impact fee - Findings
The Mayor and Common Council find as follows:
   (A)   The development of residential property in the affected territory will create a need for increased aquatics facilities. As a result, additional aquatics facilities will be needed to maintain the current level of service.
   (B)   Pursuant to Article 11, Section 7 of the California Constitution, the City is empowered to enact measures that protect the health, safety, and welfare of its citizens.
   (C)   The provision of aquatic center facilities is identified in the Aquatic Center Facilities section of the Master Facility Plan and is necessary to provide adequate aquatic center facilities within the City.
   (D)   The development impact fee report describes in detail the current City standard for aquatic center facilities per person, the number of persons an average single- family, multiple-family or mobile home park residence generates, the aquatic center facilities required to service new development, and estimates of the costs of aquatic center facilities to maintain the current level of service.
   (E)   The entire affected territory will derive benefit from the aquatic center facilities 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 and testimony at a public hearing, the Mayor and Common Council hereby approve the development impact fee report, and based thereon finds that new development in the affected territory will create needs for aquatic center facilities that the acquisition of the public improvements funded by this chapter will meet.
   (G)   The Mayor and Common Council also find that the costs of aquatic center facilities funded by this chapter are apportioned relative to the anticipated impacts created by development within the affected territory, and that the fees are fairly apportioned on individual dwelling units throughout the affected territory on the basis of benefits conferred on property proposed for development and the need for such facilities created by the proposed 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 impact fee report.
   (I)   The Mayor and Common Council also find that the cost estimates set forth in the development impact fee report are reasonable and will not exceed the reasonably estimated total of these costs.
   (J)   The aquatic center facilities fees collected pursuant to this chapter shall be used only to finance additions to the community's aquatic center facilities described or identified in the Aquatic Center Facilities section of the Master Facility Plan.
   (K)   The aquatic center facilities impact fee is hereby imposed on new residential development, and the amount of such fee shall be set by resolution of the Mayor and Common Council.