Legislative Public Meetings

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File #: 18-0957   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 12/18/2018
Title: Receive and File the FY 2017/18 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees (Exempt from CEQA pursuant to Section 15378(b)(4) of the CEQA Guidelines
Attachments: 1. FY 17-18 Annual Status Report, 2. Resolution
REPORT TO COUNCIL

SUBJECT
Title
Receive and File the FY 2017/18 Annual Status Report on Receipt and Use of Development Impact Fees and Adopt a Resolution Approving Findings Regarding Unspent Impact Fees (Exempt from CEQA pursuant to Section 15378(b)(4) of the CEQA Guidelines

Report
BACKGROUND
To ensure that mitigation fees are spent in a timely manner and on projects for which they were being collected, the State Legislature passed the Mitigation Fee Act (AB 1600). This bill applies to developer fees which were increased or imposed on or after January 1, 1989.

The Mitigation Fee Act (California Government Code Section 66000 et seq.) requires local agencies to present an annual, consolidated report showing the receipt and use of all development impact fees that are subject to the Act collected by the agency. The Annual Status Report must be reviewed by Council within 180 days after the close of the fiscal year.

The Mitigation Fee Act also requires that the local agency make certain findings every five years regarding any unspent impact fees. Previously, the City's impact fees have been on two separate reporting timetables. As new fees are adopted, the complexity of complying with the Mitigation Fee Act's reporting requirements will increase. Many agencies have opted to make the required five-year findings for all impact fees every year when the annual report is presented. This increases efficiency and public transparency and eliminates the possibility that a deadline will be missed. Consequently, commencing with the FY 2015/16 Report, the Council resolution included the required five-year findings for all impact fees. The attached FY 2017/18 resolution follows this format and this format will be used in future Council resolutions regarding the Annual Status Report.

The City assesses four development impact fees - the Housing Mitigation/Impact Fee; the Sense of Place Fee; the Transportation Impact Fee; and the Park Dedication In-lieu Fee (referred to as Park ...

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