The Mayor and Common Council find as follows:
(A) The development of residential and other property in the affected territory will generate the need for additional storm drainage structures and improvements to handle runoff from surface and storm waters. As a result, the addition of storm drainage facilities will be needed to maintain the current level of service.
(B) Pursuant to Article II, § 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 storm drainage facilities is identified in the Storm Drainage Facilities section of the Master Facility Plan and is necessary to provide adequate storm drainage facilities within the city.
(D) The development impact fee report describes in detail the additional storm drainage facilities needed for the affected territory and estimates of the costs for those facilities.
(E) The entire affected territory will derive benefit from the storm drainage 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 the addendum thereto and testimony at this public hearing, the Mayor and Common Council hereby approves the development impact fee report and the addendum thereto, and based thereon finds that new residential and other development in the affected territory will create storm drainage impacts which the installation of storm drainage facilities funded by this chapter will offset.
(G) The Mayor and Common Council also find that the costs of the storm drainage facilities funded by this chapter are apportioned relative to the anticipated impacts created by residential and other development within the affected territory, and that the fees are fairly apportioned on individual dwelling units and/or commercial/ industrial square footage, throughout the affected territory on the basis of benefits conferred on property proposed for residential and other 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 fee impact report and the addendum thereto.
(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 storm drain development impact 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.
(Ord. MC-1238, 1-23-07)