REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Accepting the AB1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2023
Report
COUNCIL PILLAR
Enhance Community Engagement and Transparency
BACKGROUND
A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of a development project's impact on public facilities with certain exceptions. The legal requirements for enactment of a development impact fee program are set forth in Government Code ?? 66000-66025 (the "Mitigation Fee Act"), the bulk of which were adopted as 1987's AB 1600 and thus are commonly referred to as "AB 1600 requirements." Under AB 1600, there must be reasonably relation between amount of the fee and the cost of the public facility or portion of the public facility attributable to the development on which the fee is imposed.
DISCUSSION
Attached is the AB1600 Report on Development Impact Fees for the fiscal year ended June 30, 2023. This report contains all the information required by Government Code Section 66006(b). AB 1600 also require that the City make certain findings with respect to unexpended funds held by the City in excess of five years. Staff has determined that the following City funds and amounts meet this threshold: 1) Traffic Mitigation funds of $4,609,189; 2) Sanitary Sewer Conveyance Fee funds of $17,952,660, and 3) Storm Drain Impact funds of $232,461. In conformance with AB 1600, the City does not have any refund exposure for these funds as they have been budgeted to fund future projects. Therefore, Staff is submitting the attached Resolution to accept the AB1600 Report and make findings that there is a continuing need for these unexpended balances, among other required findings.
On December 22, 2023, the City posted notice and made copies of the report av...
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