§ 24.42.020. Findings.

In adopting this Chapter, the City Council of the City of Del Mar finds and determines that:

A.

The City is a member agency of the San Diego Association of Governments ("SANDAG"), a joint powers agency consisting of the City, the County of San Diego, and the 17 other cities situated in San Diego County. Acting in concert, the member agencies of SANDAG, acting in their capacity as the San Diego County Regional Transportation Commission, developed a plan whereby the shortfall in funds needed to enlarge the capacity of the regional system of highways and arterials in San Diego County (the "regional arterial system") could be made up in part by a transportation uniform mitigation fee on future residential development. As a member agency of SANDAG, the City participated in the preparation of a certain "RTCIP Impact Fee Nexus Study," dated November 27, 2007 (the "Nexus Study") prepared pursuant to California Government Code §§ 66000 et seq., the Mitigation Fee Act.

B.

The City Council has been informed and advised, and finds, that future development within San Diego County and the cities therein will result in traffic volumes exceeding the capacity of the regional arterial system as it presently exists.

C.

The City Council has been further informed and advised, and finds, that if the capacity of the regional arterial system is not enlarged, the result will be substantial traffic congestion in all parts of San Diego County and the City, with unacceptable levels of service throughout San Diego County by 2030.

D.

The City Council has been further advised, and so finds that funding, in addition to those fees adopted pursuant to the Nexus Study, will be inadequate to fund construction of the regional arterial system. Absent implementation of a regional transportation improvement plan ("RTCIP") fee based on the Nexus Study, existing and known future funding sources will be inadequate to provide necessary improvements to the regional arterial system, resulting in an unacceptably high level of traffic congestion within and around San Diego County and the City.

E.

The City Council has reviewed the Nexus Study, and finds that future development within the county and City will substantially adversely affect the regional arterial system, and that unless such development contributes to the cost of improving the regional arterial system, the regional arterial system will operate at unacceptable levels of service.

F.

The City Council finds and determines that the failure to mitigate growing traffic impacts on the regional arterial system within San Diego County and the City will substantially impair the ability of public safety services (police and fire) to respond. The failure to mitigate impacts on the regional arterial system will adversely affect the public health, safety and welfare.

G.

The City Council further finds and determines that there is a reasonable and rational relationship between the use of the RTCIP fee and the type of development projects on which the fees are imposed because the fees will be used to construct the transportation improvements that are necessary for the safety, health and welfare of the residential and nonresidential users of the development projects on which the RTCIP fee will be levied.

H.

The City Council finds and determines that there is a reasonable and rational relationship between the need for the improvements to the regional arterial system and the type of development projects on which the RTCIP fee is imposed because it will be necessary for the residential users of such projects to have access to the regional arterial system. Such development will benefit from the regional arterial system improvements and the burden of such development will be mitigated in part by the payment of the RTCIP fee.

I.

The City Council further finds and determines that the cost estimates set forth in the Nexus Study are reasonable cost estimates for constructing the regional arterial system improvements, and that the amount of the RTCIP fee expected to be generated by new development will not exceed the total fair share cost to such development.

J.

The City Council further finds that the cost estimates set forth in the Nexus Study are reasonable cost estimates for the facilities that comprise the regional arterial system, and that RTCIP fee program revenues to be generated by new development will not exceed the total fair share of these costs.

K.

The fees collected pursuant to this Chapter shall be used to help pay for the construction and acquisition of the regional arterial system improvements identified in the Nexus Study. The need for the improvements is related to new development because such development results in additional traffic, thus creating the demand for the improvements.

L.

The City Council finds that the Nexus Study proposes a fair and equitable method for distributing a portion of the unfunded costs of improvements to the regional arterial system.

M.

The City Council adopts the Nexus Study and incorporates it in this Chapter as though set forth in full.