SAW:VXC:JMD
12/5/2025
1 T-586.031 / 2266816
Council Agenda: 12-16-2025
Item No.: 2.24
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
RESOLUTION NO. ______________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN JOSE ACCEPTING THE FISCAL YEAR 20 24-2025
ANNUAL AND FIVE -YEAR DEVELOPMENT IN -LIEU FEE
REPORT PREPARED IN ACCORDANCE WITH THE
MITIGATION FEE ACT (CALIFORNIA GOVERNMENT
CODE SECTION 66000 ET SEQ.) ON THE STATUS OF THE
IN-LIEU FEES COLLECTED BY THE CITY OF SAN JOSE
FROM DEVELOPERS IN LIEU OF CONSTRUCTION OF
PUBLIC IMPROVEMENTS AND MAKING CERTAIN
FINDINGS AS REQUIRED BY GOVERNMENT CODE
SECTION 66001(d)(1)
WHEREAS, the Mitigation Fee Act (Government Code Section 66000 et seq.) requires public agencies such as the City of San Jos é (“City”) to annually review and make available to the public a report accounting for the development fees held by the agency; and
WHEREAS, a draft of th e City’s report will be posted to the City’s Department of Public Works website before December 31, 2025; and
WHEREAS, on December 16 , 202 5, the Director of the Department of Public Works submitted to the City Council a memorandum setting forth its findings and recommendation for Council acceptance of the Fiscal Year 2024-2025 Annual and Five- Year Development In-Lieu Fee Report (“Report”); and
WHEREAS, Government Code section 66001(d) requires public agencies to make certain findings with regard to unfinished improvements for which fees were collected as a condition of development approval for a period of at least five years; and
WHEREAS, the City desires to accept the Report and make the required findings pursuant to Government Code section 66001(d);
SAW:VXC:JMD
12/5/2025
2 T-586.031 / 2266816
Council Agenda: 12-16-2025
Item No.: 2.24
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN JOSE THAT:
1. The Fiscal Year 20 24–2025 Annual and Five- Year Development In- Lieu Fee Report regarding in- lieu fees collected by the City from developers in lieu of construction of public improvements is hereby accepted.
2. Based on the entirety of the administrative record including the Report and all other evidence submitted, the City Council makes the following findings:
A. The Report identifies the purpose to which the fees are to be put.
B. The Report demonstrates a reasonable relationship between the fees and the purposes for which they are charged.
C. The Report identifies all sources and amounts of funding anticipated to complete financing of incomplete improvements identified in the Report.
D. The Report designates the approximate dates on which the funding referred to in Section 2(C) above is expected to be deposited into the appropriate account or fund.
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SAW:VXC:JMD
12/5/2025
3 T-586.031 / 2266816
Council Agenda: 12-16-2025
Item No.: 2.24
DRAFT – Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document.
ADOPTED this _____ day of ___________, 2025, by the following vote:
AYES:
NOES:
ABSENT:
DISQUALIFIED:
MATT MAHAN
Mayor
ATTEST:
TONI J. TABER, MMC
City Clerk