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WHEREAS, a public hearing was held by the City Council at which it received a staff <br />report, took oral and written testimony and considered the Fee Report. <br />FINDINGS <br />The City Council finds as follows: <br />1. The Traffic Fee's purpose is to finance street improvements to reduce traffic impacts to the <br />Interchange from future developments. The improvements to be financed are summarized in the <br />Fee Report. The improvements also include design, and pre -construction activities. <br />2. The Traffic Fee collected will be used to finance the improvements. <br />3. After considering the Traffic Fee Report, written testimony, oral testimony received during <br />the public hearing, and the staff report, the City Council approves and adopts the Fee Report. <br />4. The Traffic Fee is necessary to fund improvements to offset traffic impacts on the <br />Interchange as identified in the Traffic Study. <br />5. In adopting the Traffic Fee, the City Council is exercising its powers under California <br />Constitution Article XI, section 7, San Leandro Municipal Code Chapter 7-11, and Government <br />Code section 66000 et seq. <br />6. The Traffic Fee Report has established that a reasonable relationship exists between the <br />Traffic Fee amount and the costs to improve the Interchange. The Traffic Fee Report further <br />establishes that a reasonable relationship exists between the need for the Interchange improvements <br />and the type of development upon which the fee is being imposed. <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />That the supplemental traffic impact fee proposed in the Fee Report shall be adopted and <br />applied to all non-exempt new development within the zone of benefit as described in and pursuant <br />to the Fee Report; and <br />That the San Leandro Administrative code shall be amended as follows: <br />8.10.320: Marina Boulevard/Interstate 880 Interchange Traffic Impact Fee. <br />(a) A Traffic Impact Fee is imposed on all non-exempt properties within the Traffic Impact Fee <br />Zone shown in Figure 2, attached. The amount of the fee is set forth in the Fee Schedule. <br />(b) Title 7, Chapter 11 of the San Leandro Municipal Code will govern imposing and collecting <br />the Traffic Fee. <br />RESOLUTION NO. 2010-046 2 <br />