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A. A water capacity fee ("water capacity fee") is established pursuant to California Government Code Section 66013 to pay for publicly owned water facilities in the city. Pursuant to Government Code Section 66013, the water capacity fee is not a development impact fee. In accordance with subdivision (h) of Government Code Section 66013, the water capacity fee is not subject to the provisions of the Mitigation Fee Act except as specified in that section and subdivision.

B. The city council shall, in a city council resolution adopted after a duly noticed public meeting, set forth the amount of the water capacity fee, describe the benefit and impact area on which the water capacity fee is imposed, list the water facilities improvements to be financed, describe the estimated cost of these facilities improvements, describe the reasonable relationship between the use of the water capacity fee and the need for the public facilities improvements and the types of future development projects on which the water capacity fee is imposed, and set forth time for payment.

(Ord. 2444 NCS §6 (part), 2012.)