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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 � <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />empowered to impose new and increase existing development fees and other exactions to <br />provide necessary public facilities, including traffic improvements, required to mitigate the <br />impacts of new development; and <br />WHEREAS, it is fair and equitable for new development to pay its fair share and <br />contribute to the financing, acquisition and establishment such facilities to enable the City to <br />provide necessary traffic improvements to new residents, businesses and their employees; and <br />WHEREAS, the SANBAG Nexus Study and City Addendum ("Nexus Studies") <br />comply with California Government Code, Section 66001 by establishing the basis for the <br />imposition of the SANBAG Traffic Mitigation Requirements. In particular, the Nexus Studies: <br />1. Identify the purpose of the development mitigation requirements; <br />2. Identify the use to which the revenue will be put; <br />3. Demonstrate a reasonable relationship between the revenue's use and the <br />types of projects upon which the mitigation requirements are imposed; <br />4. Demonstrate a reasonable relationship between the need for the public <br />facilities and the types of developments upon which the fees are imposed; <br />and <br />5. Demonstrate a reasonable relationship between the amount of the <br />mitigation and the cost of the public facilities or portions of the facilities <br />attributable to the development upon which the fees are imposed; and <br />WHEREAS, the City has established a traffic mitigation fee structure based on the <br />SANBAG development mitigation requirements; and <br />WHEREAS, detailed descriptions of the proposed traffic improvements, their <br />approximate location, size, approximate time of availability and their estimated costs are set forth <br />in the Nexus Studies; and <br />WHEREAS, the fees collected pursuant to this Resolution shall be used to <br />finance the traffic improvements described or identified in the Nexus Studies; and <br />WHEREAS, after considering the specific projects to be funded by the <br />development impact fees and the cost estimates contained in the Nexus Studies, the City <br />Council approves such projects and cost estimates and finds them reasonable as the basis for <br />calculating and imposing the development impact fees; and <br />WHEREAS, the projects and fee methodologies identified in the Nexus Studies <br />ORANGEWMARTINEZ\29008.1 -2- <br />