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ORDINANCE NO. 0-18-88 <br />AN ORDINANCE OF THE CITY COUNCIL OF THE <br />CITY OF COLTON, CALIFORNIA, ADDING <br />CHAPTER 12.32 TO THE COLTON MUNICIPAL <br />CODE AUTHORIZING THE ESTABLISHMENT OF <br />FEES FOR DEVELOPMENT PROJECTS TO PROVIDE <br />FOR PUBLIC IMPROVEMENTS WITHIN SPECIFIED <br />AREAS OF BENEFIT. <br />WHEREAS, general law cities have been authorized by the <br />courts to tax residential builders to provide revenue to meet <br />serious ecological and environmental problems created by <br />occupancy in construction of such development (Associate Home <br />Builders v. City of Newark (1971) 18 Cal.App.3d 107; West <br />Field Palos Verdes Company v. City of Rancho Palos Verdes <br />(1977) 73 Cal.App.3d 46) and have also authorized the <br />establishment of development fees to provide for public <br />facilities within defined areas of benefit J. W. Jones <br />Companies v. City of San Diego (1984) 157 Cal.App.3d 758; <br />WHEREAS, the provisions of the California Government <br />Code, including the Subdivision Map Act (Government Code <br />Sections 66400, et seq.), provide broad authority for City to <br />require developers to dedicate real property for and <br />construct public improvements including street, water, sewer, <br />drainage, lighting, landscaping, utilities and others so long <br />as a reasonable relationship is established between the need <br />for the public facility, the use of the fee and the type of <br />development project upon which the fee is imposed; <br />WHEREAS, the City of Colton is facing explosive growth <br />with its population increasing forty-one percent (41%) in the <br />last five years, which growth has outstripped the City's <br />ability to provide infrastructure improvements; <br />WHEREAS, the City's Circulation Element of its General <br />Plan identifies circulation improvements required for the <br />City, including streets, major thoroughfares, bridges and <br />others, and the City is undertaking a comprehensive <br />evaluation of the Circulation Element to determine what <br />circulation improvements will be needed to meet the City's <br />projected growth; <br />WHEREAS, as an interim measure until a more <br />comprehensive ordinance can be adopted, the City Council <br />believes it is appropriate to establish authority in <br />connection with the review of individual development projects <br />to establish areas of impact affected by such development <br />-1- <br />