HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member __________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HAYWARD ADOPTING THE FINAL REPORT - MULTIMODAL INTERSECTION IMPROVEMENT PLAN AND NEXUS STUDY IN SUPPORT OF THE PROPOSED TRAFFIC IMPACT FEE WHEREAS, California Government Code Section 66000 et seq, known as the Mitigation Fee Act, authorizes local agencies to impose fees in connection with approval of development projects for the purpose of defraying all or a portion of the cost of public facilities related to the development project; and WHEREAS, the Mitigation Fee Act requires a nexus study to be adopted prior to establishment of an associated development fee; and WHEREAS, the nexus study must identify the purpose of the fee; the use to which the fee is to be put; determine how there is a reasonable relationship between the fee’s use and the type of development project on which the fee is imposed; determine how there is a reasonable relationship between the need for the public facility and the type of development project on which the fee is imposed; identify the existing level of service for each public facility; identify the proposed new level of service and explain why it is appropriate; and WHEREAS, the Mitigation Fee Act requires nexus studies to be adopted at a public hearing with at least 30 days’ notice; and WHEREAS, TJKM prepared the Final Report Multimodal Intersection Improvement Plan and Nexus Study (“the Nexus Study”) dated March 2022 in support of the proposed Traffic Impact Fee; and WHEREAS, the Nexus Study complies with the requirements of the Mitigation Fee Act; and WHEREAS, notice of the public hearing for the Nexus Study was published in compliance with Government Code section 6062a, 66016.5(a)(7) and 66018.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Hayward, pursuant to the requirements of the Mitigation Fee Act, hereby adopts the Final Report Multimodal Intersection Improvement Plan and Nexus Study prepared by TJKM in support of the proposed Traffic Impact Fee.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: ______________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
_________________________________________
City Attorney of the City of Hayward
ATTACHMENT II
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