The City Council of the City of Tulare hereby finds and declares as follows.
(A) The State of California, through the enactment of Cal. Gov't Code §§ 66001 through 66009 has, among other things, determined the nexus that must be established in the enactment of development impact fees.
(B) The imposition of development impact fees is one of the preferred methods of ensuring that development bears a proportionate share of the cost of public facilities and service improvements necessary to accommodate new development. This must be done in order to promote and protect the public health, safety and welfare.
(C) This chapter recognizes that all new development within the city will result in additional growth and that the growth will place additional burdens on various city facilities, infrastructure and services. This chapter further recognizes the types of land development that will generate impacts necessitating the acquisition of land and construction of public facilities and expansion of services and infrastructure in order to meet and accommodate them.
(D) All land uses within the city should bear a proportionate financial burden in the construction and improvement of public facilities and services necessary to serve them.
(E) The cost of providing public facilities and service improvements occasioned by development projects within the City of Tulare exceeds the revenue generated by fees exacted from the development projects.
(F) The City of Tulare hereby adopts the Impact Fee report from TischlerBise dated October 22, 2019 which establishes the costs for providing public facilities and service improvements occasioned by development projects within the City of Tulare.
(G) The development impact fees established by this chapter are based upon the costs which are generated through the need for new facilities and other capital acquisition costs required, incrementally by new development within the City of Tulare.
(H) The fees established by this chapter do not exceed the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare.
(I) The fees established by this chapter relate rationally to the reasonable cost of providing public facilities occasioned by development projects within the City of Tulare, which public facilities are consistent with the General Plan and the various Elements of the General Plan of the City of Tulare.
(J) The public facilities and anticipated future development herein referenced are based upon an analysis of existing land use and zoning.
(K) The fees established by this chapter are consistent with the goals and objectives of the city's General Plan and are designed to mitigate the impacts caused by new development throughout the city. Development impact fees are necessary in order to finance the required public facilities and service improvements and to pay for new development's fair share of their construction costs.
(L) Imposition of fees to finance public facilities and service improvements is necessary in order to protect the public health, safety and welfare.
(Ord. 19-08, passed 12-17-2019)