§ 3.40.005. Legislative findings.

The town council finds and declares as follows:

A.

The state of California, through the enactment of Government Code Sections 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 proportionate share of the cost of public facilities and service improvements necessary to accommodate such development in order to promote and protect the public health, safety and welfare.

C.

This chapter recognizes that all new development within the town will result in additional growth and that such growth will place additional burdens on various town 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 town 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 town exceeds the revenue generated by fees exacted from the development projects.

F.

Management Services Institute has developed a study dated January, 1992, entitled "Development Impact Fee and Master Facility Plan for the Town of Paradise," ("MSI study") in which the nexus between new development projects and the need for additional streets, traffic signals, drainage and police and safety improvements and services is set forth.

G.

The development impact fees established by this chapter are based upon the MSI study as it relates to the financial cost to the town for new public facilities and other capital acquisition costs required, incrementally, as a direct result of new development within the town.

H.

The fees established by this chapter do not exceed the reasonable cost of providing public facilities required by development projects within the town under the MSI study as modified by the town council.

I.

The fees established by this chapter relate rationally to the reasonable cost of providing such public facilities required by development projects within the town, which public facilities are consistent with the general plan and the various elements of the general plan of the town.

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 objective of the town's general plan and are designed to mitigate the impacts caused by new development throughout the town. Development impact fees are necessary in order to finance the required public facilities and to pay for new development's fair share of construction costs for the public facilities.

L.

The imposition of fees to finance public facilities and service improvements is necessary in order to protect the public health, safety and welfare. (Ord. 240 §1 (part), 1994)