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ADMINISTRATION - Chief Administrator Gabriel Hydrick
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Requested Action(s)
recommendation
a) INFORMATIONAL PRESENTATION - Regarding Development Impact Fees
b) PUBLIC HEARING - Conduct Public Hearing on the Development Impact Fees annual report
c) Request to adopt the Findings as per Government Code Section 66001 contained in the staff report
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Financial Impact:
No financial impact at this time.
Background Information:
The Board received a Development Impact Fee report on November 14, 2024 and a Public Hearing is required to review the report as per Government Code section 66006. The Board is required to adopt findings as per Government Code section 66001 and Tehama County Code chapter 9.15 in the first year after fees are collected and then every 5 years with respect to the funds remaining unexpended. In the interest of transparency, Administration will bring the findings forward every year with the report.
On November 24, 2015, the Board of Supervisors adopted Ordinance No. 2018 establishing development impact fees for library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities. The proposed fees were implemented at 50% of the “full fee” effective January 1, 2017. The remaining 50% was anticipated to be considered for adoption no sooner than January 1, 2020. In February 2021, the Board decided to table any further consideration of a fee increase indefinitely. On February 27, 2018, the Board of Supervisors entered into an agreement with the Capay Fire Protection District to give the District control of fire fees collected within its boundaries.
The revenues from each of these fees are divided in separate dedicated funds based upon the impacts of new development on specific types of public facilities (library, general government, sheriff, corrections, fire protection, parks and recreation, and transportation facilities). As per California Government Code 66001, these funds are legally restricted to financing new public facilities, refurbishing existing facilities to maintain the existing level of service or refurbishing existing facilities to achieve an adopted level of service consistent with the general plan. The funds also cannot be used for costs that are attributable to existing deficiencies in public facilities.
California Government Code 66000 et seq., sets forth the conditions under which local agencies may collect fees from new development to mitigate the impact of new development and establishes the findings that must be made by the Board of Supervisors with respect to the portion of the account remaining unexpended. These findings include:
1. Identify the purpose to which the fee is to be put.
2. Demonstrate a reasonable relationship between the fee and the purpose for which it is charged.
3. Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements.
4. Designate the approximate dates on which the funding is expected to be deposited into the appropriate account.
As per Government Code section 66006, a public hearing must be set to review the report at the next scheduled meeting not less than 15 days after the report has been made available to the public. The report shall include a description of the type of fee, the amount of the fee, the beginning and ending balance of the account, the amount of fees collected and interest earned, an identification of each public project on which fees were expended, an approximate date on which any projects will be completed, a description of any transfers from other funding sources to complete the project and the amount of any refunds made.