No provision of this title shall be construed to permit the imposition of an impact fee which is excessive. An impact fee is excessive if it is imposed in an amount not reasonably proportional to the cost of improvements made necessary by the development project on which the fee is imposed.
(Ord. 91-06-1100 § 1 (part))
For each fee imposed under this title on a citywide or areawide basis, or for any increases in such fees not occurring automatically from fluctuations in the index to which the fee may be tied, the city engineer or his or her designate shall prepare and present to the city council or other approving body an engineer's report. The engineer's report may include any references to any master plan, capital improvement plan, improvement study, general or specific plan, or other such planning document. The engineer's report shall be made available to the public not less than ten days prior to any public hearing on the fee, and shall be incorporated in full into the administrative records or proceedings in connection with the fee. No engineer's report shall be required for fees imposed on a development project for which an improvement study has been prepared.
(Ord. 91-06-1100 § 1 (part))
Before imposing any impact fee, the approving body shall do all of the following:
A. Identify the purpose of the fee;
B. Identify the use to which the fee is to be put, including any public facilities to be financed by the fee. This identification may be made by reference to a capital improvement plan, master plan, general or specific plan, or other public documents identifying the facilities;
C. Determine how there is a reasonable relationship between the fee's use and the type of development project on which the fee is imposed;
D. Determine how there is a reasonable relationship between the need for the public facility or other use of the fee and the type of development project on which the fee is imposed.
These findings may be made with reference to an engineer's report, improvement study, capital improvement plan, master plan, general or specific plan, or other such document, and shall be supported by substantial evidence.
(Ord. 91-06-1100 § 1 (part))
Before imposing payment of any impact fee as a condition of approval for any development project, the approving body shall determine how there is a reasonable relationship between the amount of the fee and the cost, or portion of the cost, of the public facility or other public expenditure attributable to the development project on which the fee is imposed. These findings shall be supported by substantial evidence.
(Ord. 91-06-1100 § 1 (part))
As a condition of approval of any development project, the approving body shall impose conditions requiring that the developer comply with the provisions of this title. Such conditions may include specification of the required improvements; time for construction; phasing of the development project in accordance with construction of the improvements; posting of security for construction; dedication of land; payment of impact fees; reimbursement for improvements constructed, or fees paid by others; performance of necessary studies and design services; reimbursement of staff or legal expenses; and related matters. At the time of development project approval, the approving body may permit the later establishment of any of the foregoing based upon any further studies it determines to be necessary to establish or coordinate construction of funding of improvements with completion of the development project. In addition, the approving body may require the payment of fees established in accordance with the procedures established in this chapter to reimburse any person, including the city, for the previous construction of improvements which benefit the development project.
(Ord. 91-06-1100 § 1 (part))