§ 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.