Chapter 16.22 — TEMESCAL CANYON PUBLIC SAFETY FEE

The City Council finds as follows.

(A) The City Council hereby reaffirms the general findings made in conjunction with the adoption of Chapter 16.23 of the Corona Municipal Code.

(B) Pursuant to California Constitution, Article 11, Section 7, the city is empowered to enact measures that protect the health, safety and welfare of its citizens.

(C) The development of residential, commercial and industrial property in the Temescal Canyon Area will create increased calls for police and fire protection services. As a result, new equipment and new facilities to house additional police and fire personnel and equipment will be needed to maintain current levels of service and response times within the Temescal Canyon Area of the city. The boundaries of the Temescal Canyon Area are identified in Exhibit 1 of Ordinance No. 2497 and are hereby incorporated by reference as if set out fully herein.

(D) The City Council finds that the acquisition and construction costs, equipment and personnel costs for the Temescal Canyon Public Safety Facility are identified in the reports and are necessary to provide adequate police and fire protection services to the Temescal Canyon Area.

(E) The City Council further finds that the Temescal Canyon Public Safety Fee is necessary to fund the acquisition and construction costs, equipment and personnel costs for the Temescal Canyon Public Safety Facility, as these are identified in the reports and is necessary to provide funding to maintain adequate police and fire protection services to the Temescal Canyon Area.

(F) With regard to the methodology for levying the Temescal Canyon public safety fee, the City Council further finds that:

(1) The reports describe in detail the number of police and fire calls for service that typical single and multiple family residential, commercial/office and industrial uses generate, the expanded police and fire protection facilities required to service new development in the Temescal Canyon Area and the estimated costs of those facilities;

(2) The estimated cost for the Temescal Canyon Public Safety Facility as described in the reports is based upon current construction costs for similar facilities constructed in the City of Corona and comparable cities. The City Council finds that the method for estimating the costs of construction for the Temescal Canyon Public Safety Facility is reasonably based on a square footage basis and will not exceed the reasonably estimated total of these costs;

y Facility as described in the reports is based upon current construction costs for similar facilities constructed in the City of Corona and comparable cities. The City Council finds that the method for estimating the costs of construction for the Temescal Canyon Public Safety Facility is reasonably based on a square footage basis and will not exceed the reasonably estimated total of these costs;

(3) The Land Use Element of the General Plan and Zoning Ordinance of the City of Corona specify the permitted uses of land within the city and place limits on the intensity and density of development. The City Council has reviewed the relationship between land uses and densities permitted and the rate and amount of actual development within the city and its sphere of influence. The City Council has identified trends in growth and development which enable the City Council to project, with a reasonable degree of accuracy, the extent of future development and the impacts such development will have on public safety services;

(4) The City Council has also examined the extent to which different land uses generate demands for public safety services and have taken into consideration, among other evidence, the information contained in the reports discussing such demand generators;

(5) The City Council also finds that the costs of the Temescal Canyon Public Safety Facility and its proposed equipment and personnel, as described in the reports and as funded by the Temescal Canyon public safety fee, are apportioned relative to the anticipated impacts created by new development within the Temescal Canyon Area and that the fees are fairly apportioned on individual residential dwelling units and proposed commercial/industrial

development on a square footage basis throughout the Temescal Canyon Area on the basis of benefits conferred on property proposed for development and the need for such facilities created by such development;

(6) The facts and evidence establish that there is a reasonable relationship between the need for the Temescal Canyon Public Safety Facility and the types of development upon 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. These relationships are described in more detail in the reports;

(7) The facts and evidence further establish that there is a reasonable relationship between the amount of the fees collected and the costs of the Temescal Canyon Public Safety Facility attributable to the development for which the Temescal Canyon public safety fee is imposed. This relationship is described in more detail in the reports.

(G) The entire Temescal Canyon Area will derive benefit from the Temescal Canyon Public Safety Facility and should be assessed per the provisions of § 16.22.030 and pay a fair share of the cost thereof based upon the benefit derived therefrom.

(H) The Temescal Canyon public safety fees collected pursuant to Chapter 16.22 shall be used only to finance the Temescal Canyon Public Safety Facility described and identified in the Law Enforcement and Fire Protection Facilities sections of the reports.

(I) It is the intent of the City Council to adopt a fair and equitable method of securing the necessary revenues to fund the Temescal Canyon Public Safety Facility, including the acquisition of property needed and construction costs to accommodate the Temescal Canyon Public Safety Facility.

(`78 Code, § 16.22.000.) (Ord. 2497 § 3, 2000.)

(A) The City Council hereby reaffirms the general findings made in conjunction with the adoption of Chapters 16.23 and 16.22 of the Corona Municipal Code.

(B) Pursuant to Article 11, Section 7 of the California Constitution, the city is empowered to enact measures that protect the health, safety, and welfare of its citizens.

(C) The development of residential, commercial, and industrial property in the Temescal Canyon Area will create increased calls for police and fire protection services. As a result, new equipment and new facilities to upgrade emergency communications for police and fire services and related equipment will be needed to maintain current levels of service and response times within the Temescal Canyon Area of the city. The boundaries are identified in Appendix A of the Nexus Report.

(D) The City Council finds that the acquisition and construction costs for the Temescal Canyon Area Radio Communications Tower are identified in the Nexus Report and are necessary to provide emergency response services to the Temescal Canyon Area.

(E) The City Council further finds that the Temescal Canyon Area Radio Communications Tower and Facilities Fee is necessary to fund the acquisition and construction costs of the Temescal Canyon Area Radio Communications Tower, as these are identified in the Nexus Report, and is necessary to provide funding to maintain police and fire response services to the Temescal Canyon Area.

(F) With regard to the methodology for levying the Temescal Canyon Area Radio Communications Tower and Facilities Fee, the City Council further finds that:

(1) The Nexus Report describes in detail the number of police and fire calls for service that typical single- and multiple-family residential, commercial/office, and industrial uses generate, the expanded police and fire protection facilities required to service new development in the Temescal Canyon Area, and the estimated costs of emergency communications facilities.

(2) The city's cost for acquiring the Temescal Canyon Area Radio Communications Tower as described in the Nexus Report is based upon the actual cost to acquire the Temescal Canyon Area Radio Communications Tower. Thus, the City Council finds that the method for estimating the cost of acquisition of the Temescal Canyon Area Radio Communications Tower is reasonably based and does not exceed the total cost.

(3) The Land Use Element of the General Plan and Zoning Ordinance of the City of Corona specify the permitted uses of land within the city and place limits on the intensity and density of development. The City Council has reviewed the relationship between land uses and densities permitted and the rate and amount of actual development within the city and its sphere of influence. The City Council has identified trends in growth and development which enable the City Council to project, with a reasonable degree of accuracy, the extent of future development and the impacts such development will have on public safety services and emergency communications needs.

s and densities permitted and the rate and amount of actual development within the city and its sphere of influence. The City Council has identified trends in growth and development which enable the City Council to project, with a reasonable degree of accuracy, the extent of future development and the impacts such development will have on public safety services and emergency communications needs.

(4) The City Council has also examined the extent to which different land uses generate demands for public safety services and have taken into consideration, among other evidence, the information contained in the Nexus Report discussing such demand generators.

(5) The City Council also finds that the costs of the Temescal Canyon Area Radio Communications Tower, as described in the Nexus Report and as funded by the Temescal Canyon Area Radio Communications Tower and Facilities Fee, is apportioned relative to the anticipated impacts created by new development within the Temescal Canyon Area, and that the fees are fairly apportioned on individual residential dwelling units and proposed commercial/industrial development on a square footage basis throughout the Temescal Canyon Area on the basis of benefits conferred on property proposed for development and the need for such facilities created by such development.

(6) The facts and evidence establish that there is a reasonable relationship between the need for the Temescal Canyon Area Radio Communications Tower and Facilities Fee and the types of development upon 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. These relationships are described in more detail in the Nexus Report.

(7) The facts and evidence further establish that there is a reasonable relationship between the amount of the fees collected and the cost of the Temescal Canyon Area Radio Communications Tower attributable to the development for with the fee is imposed. This relationship is described in more detail in the Nexus Report.

(G) The entire Temescal Canyon Area will derive benefit from the Temescal Canyon Area Radio Communications Tower and should be assessed per the provisions of § 16.22.030 and pay a fair share of the cost thereof based upon the benefit derived therefrom.

(H) The Temescal Canyon Area Radio Communications Tower and Facilities Fees collected pursuant to Chapter 16.22 shall be used only to reimburse the city for financing the acquisition of the Temescal Canyon Area Radio Communications Tower and related facilities described and identified in the Nexus Report.

(I) In accordance with California Government Code Section 66007, with respect to fees charged to residential development, the City Council hereby finds and determines that the fees collected are to be used to reimburse the city for expenditures previously made to acquire the Temescal Canyon Area Radio Communications Tower and its related facilities.

(Ord. 2642 § 2, 2003.)

(A) The City Council declares the purpose of this chapter is to provide for the means to finance the Temescal Canyon Public Safety Facility and finance the acquisition of the Temescal Canyon Area Radio Communications Tower as detailed in the relevant portions of the Development Impact Report and the Nexus Report. This chapter shall apply solely to the construction of new dwelling units and commercial and industrial development of property within the

Temescal Canyon Area as set forth in Appendix A of the Nexus Report showing the boundaries of the Temescal Canyon Area.

(B) The projects identified in § 16.23.010(B) shall be specifically exempt from the provisions of this chapter. (`78 Code, § 16.22.010.) (Ord. 2642 § 3, 2003; Ord. 2497 § 3, 2000.)

The following definitions shall be applicable exclusively to this chapter.

(A) " Affected territory " means that portion of the Temescal Canyon Area shown in Appendix A of the Nexus Report.

(B) " Development Impact Fee Report " is the “Development Impact Fee Calculation and Nexus Report for the City of Corona" dated July 31, 2000. This document was prepared by Revenue and Cost Specialists, LLC and summarizes the needed facilities mentioned herein, their estimated costs, and sets forth the required nexus findings. With respect to the Temescal Canyon Area Radio Communications Tower, the Development Impact Fee Report shall be the Nexus Report defined in division (G).

• (C) " Development project " shall mean:

• (1) The construction of one or more dwelling units;

• (2) The construction of new commercial, office and industrial development;

• (3) Additions to existing commercial, office and/or industrial development.

(D) " Dwelling unit " means a building or portion thereof designed exclusively for residential occupancy by one family for living and sleeping purposes, including single-family dwellings, multiple-family dwellings and manufactured housing.

(E) " Effective date " means the date that the fees in this chapter may be collected, that date being 60 days after the adoption of this chapter.

(F) The " Master Facility Plan " is the "Master Facilities Plan for the City of Corona" dated August 1, 2000. This document was prepared by Revenue and Cost Specialists, LLC and describes each of the facilities mentioned herein and their estimated costs.

(G) " Nexus Report " is the "City of Corona Temescal Canyon Area Radio Communications Tower and Facilities Cost Recovery Development Impact Fee Report" dated December 2002. This document was prepared by Revenue and Cost Specialists, LLC and summarizes the needed facilities mentioned herein, their estimated acquisition and construction costs, and sets forth the required nexus findings.

(H) " Secondary residential unit " means a second dwelling unit on the same lot as an existing primary residential unit, as described in Chapter 17.85 of the Corona Municipal Code. (`78 Code, § 16.22.020.) (Ord. 2642 § 3, 2003; Ord. 2497 § 3, 2000.)

(A) Each owner of a lot or parcel of property within the Temescal Canyon Area shall pay to the city prior to the issuance of a building permit for the construction of any Development Project the Temescal Canyon Public Safety Fees described in Schedule 3.5 and Schedule 4.5 of Appendix A of the "Development Impact Fee Report" to fund the cost of constructing the Temescal Canyon Public Safety Facility in the Temescal Canyon Area, acquiring new equipment, and funding necessary personnel costs. In addition, each owner of a lot or parcel of property within the Temescal Canyon Area shall pay to the city prior to the issuance of a building permit for the construction of any Development Project the Temescal Canyon Area Radio Communications Tower and Facilities Fee described in Table

1-5 (Schedule 1.4) of the "Nexus Report" to fund the cost of constructing and acquiring the Temescal Canyon Area Radio Communications Tower in the Temescal Canyon Area.

(B) The amount of the Temescal Canyon Public Safety Facility Fee and the Temescal Canyon Area Radio Communications Tower and Facilities Fee shall not exceed the fair share of the estimated cost of acquiring and/or constructing the Public Safety Facility and the Temescal Canyon Area Radio Communications Tower as described in the Development Impact Fee Report and the Nexus Report. Both fee amounts shall be established and reviewed annually by non-codified ordinance of the City Council.

(C) Notwithstanding any provision of this § 16.22.030 to the contrary, from March 7, 2008 through June 30, 2014, the timing for the payment of the fees described in this § 16.22.030 shall be as described in § 16.04.050 of this code. (`78 Code, § 16.22.030.) (Ord. 3112 § 4, 2012; Ord. 3080 § 3, 2011; Ord. 2990 § 3, 2009; Ord. 2924 § 3, 2008; Ord. 2642 § 3, 2003; Ord. 2497 § 3, 2000.)

(A) The fees paid pursuant to this chapter shall be placed in two separate funds, which may be further segregated by specific project. The funds shall be known as "The Temescal Canyon Public Safety Facilities Fund" and the "The Temescal Canyon Area Radio Communications Tower and Facilities Fee Fund."

(B) Monies collected in the funds, and interest earned thereon, shall be expended solely for construction and/or acquisition costs for the Temescal Canyon Public Safety Facility as shown in the Development Impact Report and the Nexus Report, or for reimbursement for construction and/or acquisition costs of the Temescal Canyon Area Radio Communications Tower as shown in the Nexus Report.

(`78 Code, § 16.22.040.) (Ord. 2642 § 3, 2003; Ord. 2497 § 3, 2000.)

(A) An owner of a parcel of property otherwise required to pay a fee under § 16.22.040 shall receive a credit for the corresponding development fee if that owner constructs and donates the Temescal Canyon Public Safety Facility, or any portion thereof, identified in the Master Facility Plan, regardless of how it may be financed, that serves the owner’s parcel or parcels. The development fee credit shall offset, on a proportionate basis without interest, the corresponding development fee to be paid pursuant to this chapter. The Temescal Canyon Public Safety Facility must be built in compliance with all applicable laws governing the construction of public improvements.

(B) The amount of the development fee credit shall equal the city’s most recent estimated cost of constructing and/or furnishing and/or staffing the Temescal Canyon Public Safety Facility or the portion of the Temescal Canyon Public Safety Facility actually completed or purchased, by contract or utilizing city forces.

(C) An owner of a parcel of property may be further entitled to a development fee credit where the city determines, on a case-by-case basis, that the construction of the Temescal Canyon Public Safety Facility, or a portion thereof, will be necessary to provide basic services to the entire city even though it does not directly serve the owner’s project or is of greater capacity than that required to serve the owner’s project adequately.

(D) The amount of the development fee credit shall be determined after inspection and acceptance of the facility or portion of the facility at the time of payment of the Temescal Canyon public safety fee.

(E) If an owner pays the fee assessed under § 16.22.040 and later elects, after city approval, to accelerate the development by constructing or purchasing facilities for the project, the owner may apply for and receive a refund, up to the amount of the Temescal Canyon public safety fee, for such facilities after those facilities are certified by the City Engineer as complying with the appropriate Master Facility Plan, city ordinances and applicable law.

(F) To the extent that an owner is granted a development fee credit, such owner shall not be entitled to a future reimbursement for their construction of the Temescal Canyon Public Safety Facility except as provided in § 16.22.060. (G) A development fee credit is an obligation of the city that runs with the land and inures to the benefit of each successor in interest of the original landowner until full credit has been received.

(H) A developer shall also be entitled to a credit if the city and developer have executed an agreement or there is a preexisting ordinance which specifically exempts the developer from the payment of the fees enacted under this chapter. The availability of the credit and its amount shall be determined by the city on a case-by-case basis based on the provisions of the applicable agreement.

(`78 Code, § 16.22.050.) (Ord. 2497 § 3, 2000.)

(A) The owner of a parcel of property otherwise required to pay a fee under § 16.22.040 will be entitled to enter into a reimbursement agreement to reimburse from subsequently collected Temescal Canyon public safety fees the direct and verifiable costs of installing or furnishing public improvements, or portions thereof, identified in the appropriate Master Facility Plan where all of the following conditions are satisfied:

(1) The owner has constructed the improvements, or portions thereof, that are identified in the Master Facility Plan;

(2) The city required that the improvements be constructed to contain supplemental size, capacity, number or length of the benefit of property not within the owner’s project;

(3) The city approved, prior to construction or furnishing, the proposed budget for the project and finds any change to that budget fair and reasonable;

(4) The improvement, or portion thereof, has been dedicated to the public;

(5) The improvement, or portion thereof, has been built in compliance with all applicable laws governing the construction of public works.

(B) The city shall not reimburse the owner for costs related to financing any portion of the Temescal Canyon Public Safety Facility.

(C) An owner shall only be entitled to reimbursement to the extent that the Temescal Canyon Public Safety Facility benefits property not within the owner’s project. Thus, an owner may receive a development fee credit as provided in § 16.23.050 for the portion of the Temescal Canyon Public Facility that serves the owner’s project and reimbursement for the oversized or extra-capacity or extended portion that benefits subsequently developed property.

(D) In no event shall an owner receive a development fee credit and/or reimbursement in excess of the city’s most current estimated cost of constructing the Temescal Canyon Public Safety Facility or the portion of the Temescal Canyon Public Safety Facility actually completed, by contract or by utilizing city forces.

(E) Any reimbursement agreement entered into under this section shall require the city, for a period of up to 15 years, to reimburse the owner from the proceeds of the Temescal Canyon public safety fees collected from new projects that directly benefit from the Temescal Canyon Public Safety Facility financed by the fee which is the subject of the reimbursement agreement. Reimbursement shall only be made from fees collected to fund improvements which are of the same type as the improvements constructed by the owner and from no other source. The terms of the reimbursement shall be set forth in the reimbursement agreement.

(`78 Code, § 16.22.060.) (Ord. 2497 § 3, 2000.)

The administrative review procedures described in § 16.23.130 of the Corona Municipal Code shall govern the administration of the fees imposed pursuant to this chapter. (`78 Code, § 16.22.070.) (Ord. 2497 § 3, 2000.)

The deferral, waiver and reduction procedures described in § 16.23.140 of the Corona Municipal Code shall govern any deferrals, waivers and/or reductions granted pursuant to this chapter. (`78 Code, § 16.22.080.) (Ord. 2497 § 3, 2000.)

As areas not presently situated within the city boundaries or the Temescal Canyon Area seek to annex to the city, the City Council shall determine the benefit to such land areas of the public facilities and infrastructure funded by this chapter. The City Council may then impose the Temescal Canyon Public Safety Facilities Fee or the Temescal Canyon Area Radio Communications Tower and Facilities Fee, in whole or in part, as established by this chapter, upon such annexed areas to the extent necessary to assure that such areas pay their fair share of the actual costs that benefit their projects, unless the City Council determines that such an imposition would cause inequities or that a better or fairer financing arrangement can and should be developed and imposed. (`78 Code, § 16.22.090.) (Ord. 2642 § 3, 2003; Ord. 2497 § 3, 2000.)

The Nexus Report relating to the Temescal Canyon Area Radio Communications Tower and Facilities Fee as attached to Ordinance 2642 is adopted by reference and incorporated herein as if set out in full. (Ord. 2642 § 1, 2003.)