A. Periodically, the community development director (“director”) shall cause to be prepared a development impact fee study (“study”). The study shall evaluate the impacts of contemplated future development on existing public (building) facilities, public safety facilities, transportation (roadways and intersections), and parks (“facilities”) in the city of Marina along with an analysis of the need for new facilities and improvements required by new development, and set forth the reasonable relationship between such needs and the impacts of the various types of development pending or anticipated for which this fee is charged and describe the estimated costs of those improvements and the continued need for those improvements. Cost estimates shall be set forth in the study that are the current reasonable cost estimates for constructing the facilities, and the fees expected to be generated by new development may not exceed the total of these costs. If, in his or her opinion, the study demonstrates that there is a need in the city for facilities that have not been contracted, or have been constructed but for which new development has not contributed its fair share of facility costs, and such facilities have been called for in or are consistent with the study, the director shall forward the study to the council for its consideration.

B. If the council determines that the facts and evidence presented in the study establish that there is a reasonable relationship between the need for the described facilities and the impacts of the types of development described, for which the corresponding fee is charged, and there is a reasonable relationship between the fee’s use and the type of development for which the fee is charged, as these reasonable relationships and nexus are described in the study, the council may set the fees as described in the study. (Ord. 2005-13 §§ 2, 3 (Exh. A), 2005; Ord. 2003-02 § 2, 2003)