Title
Chief Administrative Office and Community Development Agency recommending the Board discontinue consideration of an interim Traffic Impact Mitigation Fee refund policy for residential development due to recent litigation filed challenging the validity of the County’s current Traffic Impact Mitigation Fee program.
FUNDING: TIM Fees and Road Fund.
Body
DEPARTMENT RECOMMENDATION
Chief Administrative Office (CAO) and Community Development Agency (CDA) recommending the Board discontinue consideration of an interim Traffic Impact Mitigation (TIM) Fee refund policy for residential development due to recent litigation filed challenging the validity of the County’s current TIM Fee program.
DISCUSSION/BACKGROUND
On December 15, 2015, the Board approved an interim TIM Fee refund policy for non-residential development applications and directed the CAO, CDA and County Counsel to return in January 2016 with a Resolution and related analysis for an interim TIM Fee refund policy for residential (single family) development applications.
In December 2015, a lawsuit was filed challenging the validity of the County’s current TIM Fee program. On the advice of County Counsel, staff recommends the Board discontinue consideration of an interim TIM Fee refund policy for residential (single family) development applications.
ALTERNATIVE
Direct staff to draft an interim TIM Fee refund policy for residential (single family) development applications and return to the Board in March 2016.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
CAO, CDA and County Counsel
CAO RECOMMENDATION
Chief Administrative Office recommends moving staff's recommendations.
FINANCIAL IMPACT
County costs associated with refunding TIM Fees have not been quantified; however, analysis conducted during the economic downturn indicated that it costs the County approximately $300 in staff time to refund application fees when an application is rescinded. As such, an interim TIM fee refund policy would include provisions to recover the administrative costs associated with issuing such refunds.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Infrastructure, Good Governance
CONTACT
David Defanti, Assistant Director
Community Development Agency, Long Range Planning Division