TO: Board of Supervisors
FROM: Ryan J. Alsop, County Executive Officer
REPORT BY: Becky Craig, Assistant County Executive Officer
SUBJECT: Development Impact Fees Study
RECOMMENDATION
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Approve and authorize Agreement No. 250100B with Willdan Financial Services to conduct a nexus study for Affordable Housing, Traffic, Utility Connections, and Small Woodland Conversion mitigation projects. (Fiscal Impact: $68,460 Expense; General Fund; Budgeted; Discretionary)
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BACKGROUND
A development impact fee is a monetary exaction other than a tax or special assessment that is charged by a local governmental agency to an applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project. (Gov. Code ? 66000(b).) The legal requirements for enactment of development impact fee programs are set forth in Government Code ?? 66000-66025 (the "Mitigation Fee Act"), the bulk of which were adopted as 1987's AB 1600 and thus are commonly referred to as "AB 1600 requirements." A development impact fee is not a tax or special assessment; by its definition, a fee is voluntary and must be reasonably related to the cost of the service provided by the local agency. If a development impact fee does not relate to the impact created by development or exceeds the reasonable cost of providing the public service, then the fee may be declared a special tax and must then be subject to two-thirds voter approval. (Cal. Const., Art. XIII A, ? 4.)
Napa County currently administers two development impact fee programs - Napa Valley Business Park Traffic Mitigation Fee (TMF) and the Affordable Housing Fee. The TMF was adopted in 1990 and last updated in November 2021. This program is operating as intended and is not proposed for review this year.
The County adopted an Affordable Housing Trust Fund Ordinance in 1992, which created a Housing Trust Fund to assist with the development of ...
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