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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 />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 Development Mitigation Nexus Study (Appendix K of the SANBAG Congestion <br />Management Program), approved by the SANBAG Board of Directors, acting as the San <br />Bernardino County Congestion Management Agency, on October 5, 2005; and <br />WHEREAS, the fees collected pursuant to this Resolution shall be used to finance <br />the traffic improvements described or identified in the SANBAG Nexus Study; and <br />WHEREAS, after considering the specific projects to be funded by the <br />development impact fees and the cost estimates contained in the SANBAG Nexus Study, 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 SANBAG <br />Nexus Study are consistent with the City's General Plan. <br />WHEREAS, copies of the SANBAG Nexus Study are on file in the City Clerk's <br />office and have been made available for public review in accordance with state law, as more fully <br />described below; and <br />WHEREAS, this levying of development fees has been reviewed by the City <br />Council and staff in accordance with the California Environmental Quality Act ("CEQA") and the <br />CEQA Guidelines and the City of Colton's Local Guidelines for implementing CEQA and it has <br />been determined that the adoption of this ordinance is exempt from CEQA pursuant to Section <br />15061(b)(3), Section 15262, 15273, and Section 15301 of the CEQA Guidelines; and <br />WHEREAS, the City has: 1) made available to the public, at least ten days prior <br />to its public hearing, data indicating the estimated cost required to provide the facilities and <br />infrastructure for which these revised development fees are levied and the revenue sources <br />anticipated to provide those facilities and infrastructure; 2) mailed notice at least fourteen days <br />prior to this meeting to all interested parties who have requested notice of new or increased <br />development fees; and 3) held a duly noticed, regularly scheduled public hearing at which oral <br />and written testimony was received regarding the proposed fees; and <br />WHEREAS, the City Council has reviewed and considered the staff report, the <br />SANBAG Nexus Study and all oral and written testimony. <br />NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE <br />CITY OF COLTON: <br />SECTION 1. ADOPTION OF FINDINGS. The City Council of the City of <br />Colton hereby adopts the recitals set forth in this resolution as findings to justify adoption of the <br />Traffic Mitigation Fees. The City Council further adopts the findings set forth in the SANBAG <br />Nexus Study to further justify approval of the Traffic Mitigation Fees. <br />SECTION 2. APPROVAL OF SANBAG TRAFFIC MITIGATION FEES. The <br />-2- <br />