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TOWN OF TRUCKEE <br /> California <br /> ORDINANCE 2016-03 <br /> AN ORDINANCE AMENDING CHAPTER 3.33 <br /> OF THE TRUCKEE MUNICIPAL CODE <br /> REGARDING MITIGATION FEE PROGRAMS <br /> WHEREAS, the Town of Truckee General Plan includes express policy statements <br /> that require that future land development fund its fair share of necessary public improvements <br /> and require that a Townwide fee program be enacted to fund such improvements; and <br /> WHEREAS, a traffic impact fee study dated February 1, 2016, hereinafter referred to <br /> as the "Report", was prepared by LSC Transportation Consultants Inc pursuant to California <br /> Government Code §§ 66000 etc (the Mitigation Fee Act) and is on file in the Office of the Town <br /> Clerk; and <br /> WHEREAS, the Report has analyzed: (i) the impacts of contemplated future land <br /> development on the existing public road system in the Town; (ii) the need for new roadways and <br /> the improvements to existing roadways required to serve development; (iii) the relationship <br /> between new development and the needed roadway facilities; and (iv) the estimated cost of <br /> such new and improved roadway facilities. The Report contains a list of capital improvement <br /> projects intended to address the need for new and improved roadway facilities; and <br /> WHEREAS, the Report has been made available for public inspection and review prior <br /> to its adoption; and <br /> WHEREAS, future updates to the Report may be necessary to reflect changes in land <br /> development or roadway improvement requirements; and <br /> WHEREAS, the purpose of the fee program amended by this ordinance is to fund new <br /> development's share of public improvements throughout the Town of Truckee; and <br /> WHEREAS, the fees collected pursuant to this ordinance shall be used to finance the <br /> roadway facilities identified and described in the Report; and <br /> WHEREAS, after considering the Report and the testimony received the Town Council <br /> approves the Report and incorporates it herein as if fully set forth; and <br /> WHEREAS, the facts and evidence presented establish that: (i) there is a reasonable <br /> relationship between the need for the described roadway facilities and the impacts of the types <br /> of expected future development for which the corresponding fee is charged because the <br /> roadway improvements funded by the fees are necessary to handle the increase in traffic <br /> created by such development projects, and the development projects paying the fee will benefit <br /> from the roadway system improvements funded by the fees ; (ii) there is a reasonable <br /> relationship or nexus between the use of the fees and the type of development for which the fee <br /> is charged because the fees will be used to construct roadway improvements that are <br /> necessary for the safety, health, and welfare of the users of the development projects for which <br /> fees will be paid; and (iii) these reasonable relationships or nexus are described in greater detail <br />