Findings

(a)

The city commission (hereinafter "commission") hereby finds and declares that:

(1)

New development generates increased demands upon city public facilities and services and requires additional facilities, facility capacity, and capital equipment in order to accommodate those demands.

(2)

The potential for development of properties is a direct result of city policy as expressed in the city comprehensive plan and as implemented via the city zoning ordinance and map.

(3)

New development should bear its share of the costs of providing public facilities, facility capacity, and capital equipment needed to accommodate the demand generated by new development.

(4)

The amount of the "impact fee" to be imposed shall be based upon the average amount of public facility capacity demand attributable to new development and the average cost of additional capital facilities, capital improvements, and capital equipment needed to provide additional capacity.

(5)

The impact fees established in this article applicable to development submitting building permit applications accepted as complete by the city on or after January 15, 2006 are based on the methodology and data presented in "Growth-Related Capital Improvements & Impact Fees" by TischlerBise, Fiscal, Economic & Planning Consultants, dated September 16, 2005 (hereinafter "impact fee report - 2005"). The city commission hereby adopts and incorporates by reference the impact fee report - 2005. A copy of the impact fee report - 2005 was submitted as part of the record of the public hearings on the ordinance, and a copy of the impact fee report - 2005 shall be maintained on file in the office of the city clerk.

(b)

The city commission hereby finds and declares that the impact fees imposed herein upon new development as further described below, in order to finance public facilities and capital equipment needed to accommodate the demand created by new development are in the best interest of the city and its residents, are equitable, and do not impose an unfair burden on such development. The city commission hereby finds and declares that all new development, as defined herein, within the city generates an increased demand for system improvements for police, fire-rescue and general services facilities and that all new residential development within the city also generates an increased demand for parks and recreation facilities. The city commission hereby finds and declares that the system improvements to be funded by the impact fees imposed herein will provide benefit to all new development in the city.

(c)

The city commission hereby finds and declares that there is a long-term need to encourage the provision and retention of owner-occupied and rental affordable housing throughout the city. To encourage such development, the city commission hereby finds and determines that an impact fee deferral program for affordable housing within the city fulfills a public purpose and will help advance the provision of owner-occupied and rental affordable housing. The city commission declares its intent that the affordable housing deferral program not significantly delay the provision of public facilities funded in whole or in part by impact fees.

(Ord. No. 12750, § 2, 12-15-05)