REPORT TO COUNCIL
SUBJECT
Title
Action on the Adoption of a Resolution Accepting the AB1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2019 [Council Pillar: Enhance Community Engagement and Transparency]
Report
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 the cost of public facilities related to the development project, with certain exceptions (Gov. Code ? 66006(b)). 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." By definition, a fee is voluntary and must be reasonably related to the cost of the service provided by the local agency.
DISCUSSION
Attached is the AB1600 Report on Development Impact Fees for the fiscal year ended June 30, 2019. This report is supplied pursuant to Government Code Section 66006(b). Staff has also determined that the City has Traffic Mitigation funds of $2,584,052, Sanitary Sewer Conveyance Fees of $445,423, and Storm Drain Impact funds of $220,044 exceeding the five-year limit. However, as these funds have been budgeted to fund future projects, the City does not have any refund exposure. 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 of impact fees.
On December 18, 2019, the City posted notice and made copies of the report available for public review in the City Clerk's Office, the Finance Department, and online at www.Santaclaraca.gov/Finance. In addition, written notice of the time and place of the regularly scheduled City Council meeting on January 28, 2020, along ...
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