REPORT TO COUNCIL
SUBJECT
Title
Receive and File FY 2014/15 Annual Status Report on Receipt and Use of Development Impact Fees
Report
BACKGROUND
In order to ensure that mitigation fees are spent in a timely manner and on projects for which they were being collected, the State Legislature passed a bill known as AB 1600 (The Mitigation Fee Act). This bill applies to developer fees which were increased or imposed on or after January 1, 1989.
The Mitigation Fee Act (California Government Code, ? 66000 et seq.) requires local agencies that impose development impact fees to present an annual, consolidated report showing the receipt and use of those fees. The Annual Status Report must be reviewed by Council within 180 days after the close of the fiscal year represented.
The City assesses four development impact fees - the Housing Mitigation Fee; the Sense of Place Fee; the Transportation Impact Fee; and the Park Dedication Fee. The first three are subject to the Mitigation Fee Act, while only a portion of the City's Park Dedication Fee is subject to the Mitigation Fee Act. Specifically, Park Dedication Fees assessed pursuant to the Quimby Act (California Government Code ?66477) and codified by the City in the Sunnyvale Municipal Code, Chapter 18.10 (Subdivisions - Parks and Open Space Dedication) are exempt from the reporting requirements included in the Mitigation Fee Act. Park Dedication Fees assessed pursuant to Sunnyvale Municipal Code, Chapter 19.74 (Zoning - Park Dedication Fees for Rental Housing Projects) are subject to the reporting requirements included in the Mitigation Fee Act. Therefore, only the details of the non-exempt Park Dedication Fees are included in the report.
In addition to these four active fees, the City maintained a fund balance in FY 2014/15 resulting from Traffic Mitigation Fees. Traffic Mitigation Fees have not been assessed by the City since 2004. It is important to note that the Traffic Mitigation Fee and the Transpor...
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