Special Notice / Hearing: None__
Vote Required: Majority
To: Honorable Board of Supervisors
From: Ann M. Stillman, Director of Public Works
Subject: Countywide Mitigation Fees for County Public Road Reconstruction for Calendar Year 2024
RECOMMENDATION:
title
Adopt a resolution accepting the summary report on countywide Mitigation Fees through December 31, 2024.
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BACKGROUND:
This Board instituted Mitigation Fees in 1990 as a means of having developers of property contribute funds to construct and reconstruct County roads and drainage facilities that are impacted by their development. The enabling legislation, California Government Code Sections 66484, et seq., requires that funds be used in the same areas (zones) where funds are collected. The Ordinance adopted by this Board in 1990 (No. 3277), which established mitigation fees, also established the various zones in the County, and:
1. Requires that a report on the status of the mitigation fees by zone be prepared each year; and
2. Allows for adjustments in the mitigation fees based on the change in the Construction Cost Index as published by the Engineering News
DISCUSSION:
The fees as established per square foot of assessable space use the residential fee as the base. Commercial and industrial fees are calculated as multiples of the residential fee, based on the type of use of the property, except for the “Commercial - Self Storage” fee, which was established in 1999.
The Ordinance provides for adjusting the mitigation fee based on the percentage change in the Engineering News Record Construction Cost Index for the San Francisco area as of January 1st for the preceding 12 months. Fees were last increased by this Board on March 22, 2022. Fees were not increased in 2023 or 2024, and fees are not proposed for further increase at this time. The initial and current 2022 fees are summarized below:
A summary of countywide Road Mitigation fees and interest collected from 2015 through 2024, from the seven areas of benefit, are included as Attachment A. Attachment B describes each of the seven areas of benefit.
County Attorney has reviewed and approved the resolution as to form.
EQUITY IMPACT:
The summary report outlines the amount of fees collected from each of the seven areas of benefit within unincorporated County areas. These funds allow the County to complete improvements on County roads and drainage facilities in the same areas (zones) that were impacted by development.
FISCAL IMPACT:
The County anticipates receiving approximately $475,000 in mitigation fee revenue in 2025. Specific projects will be recommended for funding with Mitigation fee revenue through the normal budget process.
There is no impact to the General Fund.
Attachments:
A. Summary of Mitigation Fees through December 31, 2024
B. Description of Areas of Benefit for Mitigation Fees