§ 1360-100. REASONABLE RELATIONSHIP OF FEE TO NEED
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After considering the General Plan and STUDY, the analyses contained in the STUDY,
the staff report, and the testimony received at the public hearing, the Board of Supervisors
approves the development impact fees and further finds that new development in the
County will generate the need for additional levee construction, additional traffic,
park and recreational usage, library usage, usage of additional health and social
services, additional demand on fire services, additional demand for general county
government services, and additional criminal justice, court and law enforcement demands
and will contribute to an adverse impact on County services and amenities as described
in the above referenced documents. There is a need in the County and the planning
areas within the County for levee construction, roadway, street, park and recreation
improvements, as well as additional or expanded facilities and equipment for fire,
health, social services, law enforcement, courts and general government services which
have not been constructed or have been constructed, but new development has not contributed
its fair share towards these facility costs and said facilities have been called for
in or are consistent with the General Plan. The facts and evidence presented establish
that there is a reasonable relationship between the need for the described public
facilities and the impacts of the types of development described in the STUDY for
which the corresponding fee is charged, and also 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 or nexus are in more detail described in the STUDY
and the General Plan above referenced. The cost estimates set forth in the STUDY are
reasonable cost estimates for constructing these facilities and the fees expected
to be generated by new development will not exceed the total of these costs.
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