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HEARING - The Board is asked to consider a request from the Mosquito Fire Protection District ("District") to adopt and authorize the Chair to sign Resolution 130-2022 revising development impact mitigation fees.
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DISCUSSION / BACKGROUND
The California Mitigation Fee Act (Cal. Gov. Code §§ 66000-66025) provides for the establishment of fees on new development for the purpose of mitigating the effects of development on existing public facilities. Special districts do not have statutory authority to impose these fees. As a result, the Board of Supervisors has passed an ordinance providing for the establishment of such fees on behalf of special districts. The ordinance was codified as Chapter 13.20.
Development impact mitigation fees were first collected on the District's behalf in 1987. The current fees are based on a Fee Nexus Study and Report (Resolution 074-2019, Legistar File 19-0724) (“Report”) detailing the legal and policy basis justifying the development impact mitigation fee within the District.
The Report includes a recommendation for an annual inflationary adjustment based on the percentage change in the Engineering News-Record. Resolution 074-2019 did not include a provision for automatic annual inflationary adjustments to the fee because any increase to the fee must be made by resolution of the Board of Supervisors at a noticed public hearing, pursuant to the Mitigation Fee Act.
On June 23, 2022, the District adopted Resolution 2022-04 approving a three-year increase to the fees of 24.298%, based on the change in the Engineering News-Record Construction Cost Index from July 2019 to June 2022, and requesting the Board of Supervisors adopt the 24.298% increase to the established impact fees.
The change to fees are proposed as follows:
Fee per Square Foot
Current Adjustment (24.298%)
Single Family Residential: $ 2.19 $2.72
Multi-Family Housing $ 2.90 $ 3.60
Mobile Home $ 2.57 $ 3.19
Retail/Commercial ...
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