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File #: ID 21-942    Version: 1 Name:
Type: Action Item Status: Continued
File created: 11/22/2021 In control: City Council
On agenda: 12/9/2021 Final action:
Title: Annual Review and Acceptance of the FY 2021 Summary of Impact Fee Waivers.
Sponsors: Public Works Department
Attachments: 1. 21-942 Summary of Approved Impact Fee Waivers, 2. 21-942 Summary of Public Infrastructure Funds Received FY21.xlsx

REPORT TO THE CITY COUNCIL

 

 

FROM:                     SCOTT L. MOZIER, P.E., Director

                                          Public Works Department

 

BY:                                          ANDREW J. BENELLI, P.E., City Engineer/Assistant Director

                                          Public Works Department, Traffic Operations & Planning Division                     

                                          

SUBJECT

Title

Annual Review and Acceptance of the FY 2021 Summary of Impact Fee Waivers.

 

Body

RECOMMENDATIONS

 

Staff recommends that the City Council review and accept the FY2021 Summary of Impact Fee Waivers.

 

EXECUTIVE SUMMARY

 

The Economically Disadvantaged Neighborhoods Incentive Program requires an annual report to City Council that lists all the Development Impact fee waivers processed in the last fiscal year. The attached files provide a listing of the FY2021 fee waivers that were approved for each participating development project and include a breakdown for each impact fee program. The attached files also list the public infrastructure funds that the City has received to offset the revenue loss of waived or reduced development impact fees.

 

BACKGROUND

 

The City charges development impact fees to new development for various types of public infrastructure, consistent with Section 66000 et seq. of the California Government Code, generally known as the Mitigation Fee Act or AB1600. Fees collected by the City include Regional Street Impact Fees, New Growth Area Street Impact Fees, Traffic Signal Mitigation Impact Fees, Citywide Fire Facilities Impact Fees, Citywide Police Facilities Impact Fees, Citywide Park Facilities Impact Fees, Quimby Parkland Dedication Fees, Water Capacity Fees and Wastewater Capacity Fees.

 

Each development fee was established in accordance with an adopted nexus study. The law requires that impact fees bear a reasonable relationship to the impact of the proposed development. Developers can be charged no more than their “fair share” under AB1600. Therefore, any waived or reduced fees are tracked against public infrastructure funds which may help offset the lost impact fee revenue. The Council has adopted the following impact fee waiver or reduction programs:

 

                     iDIFER

                     BUILD Act

                     Commercial BUILD Act

                     Economically Disadvantaged Neighborhoods

                     Economic Expansion Act

                     Businesses Impacted by High-Speed Rail Condemnation

                     Ventura / Kings Canyon Corridor Job Creation Act

                     Infill Incentive Program for Certain Residential Infill Projects

 

The full listing of waivers by incentive program, entitlement number, applicant and development location/address is attached to the staff report. Total waivers from 2014 through today are summarized below, broken down by incentive program and by fee program:

 

                     Commercial BUILD / Economically Disadvantaged Neighborhoods - $1,406,784.08

                     iDIFER - $4,058,018.19

                     Residential BUILD - $473,741.99

                     Infill Incentive Program for Certain Residential Infill Projects - $254,562.55

 

Fees waived and the total amounts are listed below:

 

                     Citywide Fire Facilities - $543,562.16

                     Citywide Police Facilities - $1,522,575.10

                     Citywide Park Facilities - $744,389.00

                     Citywide Regional Streets - $913,029.52

                     New Growth Area Major Streets - $910,997.96

                     Traffic Signal Mitigation Impact Fee - $1,303,990.52

 

The grand total of fees waived from the 2014 inception to today is $5,938,544.26. Grants and other public infrastructure funds received by the City during this time period, which may help offset fee waivers, are listed below by fee program:

 

                     Fire and Police - $0

                     Parks - $10,491,902

                     Regional Streets - $12,713,582

                     New Growth Streets - $2,344,900

                     Traffic Signals - $1,655,235

 

The grand total of public infrastructure funding received which may help offset fee waivers is $27,205,619.

 

ENVIRONMENTAL FINDINGS

 

The annual fee waiver summary is not a project under the California Environmental Quality Act and does not require an environmental finding.

 

LOCAL PREFERENCE

 

Local preference does not apply as this item is only for acceptance of the annual update.

 

FISCAL IMPACT

 

There is no fiscal impact of implementing the staff recommendation of receiving the report.

 

 

 

Attachments:                     

Summary of Approved Impact Fee Waivers

Summary of Public Infrastructure Funds Received