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Planning and Building Department recommending the Board receive and file the Annual Mitigation Fee Act Report for Fiscal Year 2021-22 for the Ecological Preserve Fee and Oak Woodland Conservation Fee Programs in compliance with California Government Code Section 66006.
FUNDING: N/A
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DISCUSSION / BACKGROUND
Ecological Preserve Fee and Oak Woodland Conservation Fee Programs
In Resolution No. 130-2017, adopted on October 24, 2017, the Board of Supervisors recognized that recent court opinions involving inclusionary housing ordinances (affordable housing) had called into question whether or not the Mitigation Fee Act (Government Code 66000 et seq.) applies to the County’s oak resources in-lieu fee payment option. The Board then stated the following in Resolution 130-2017: “While a similar argument could be made with regard to the oak resources in-lieu fee, there are factual differences; therefore, until a court finds that an in-lieu fee for preservation/mitigation of biological resources is not subject to the requirements of the Mitigation Fee Act, the County is taking a conservative approach and following the requirements of the Mitigation Fee Act in establishing an in-lieu fee for mitigation of impacts to oak woodland areas and individual oak trees ….” Staff notes that, in light of those court opinions, a similar argument could also be made that the Mitigation Fee Act does not apply to the Ecological Preserve Fee, which was first established by Resolution 205-98, adopted on July 28, 1998. However, until a court finds that a fee for preservation/mitigation of biological resources, such as the Ecological Preserve Fee, is not subject to the requirements of the Mitigation Fee Act, the County is taking a conservative approach and following the requirements of the Mitigation Fee Act in regards to the Ecological Preserve Fee.
Pursuant to Section 66006 of the California Government Code, the County is required to make available to the public specific ...
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