RESOLUTION NO. 2024-9384
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS ADOPTING A DEVELOPMENT IMPACT FEE NEXUS STUDY AND MAKING FINDINGS AS REQUIRED BY THE MITIGATION FEE ACT WHEREAS, in 1988, the voters of the City of San Marcos, California adopted an ordinance establishing a public facilities approach to growth management within the City (Proposition R); and WHEREAS, as a result of Proposition R, on August 4, 1990, the City adopted Ordinance No. 90-856 and Resolution No. 90-3508. Ordinance No. 90-856 established the City’s first Public Facilities Financing (PFF) Plan, and Resolution No. 90-3508 established the amount of the public facility fees; and WHEREAS, on October 28, 2003, the City adopted Ordinance 2003-1203 the Updated Public Facilities Financing Plan to establish public facilities fees to mitigate the impact of development; and WHEREAS, on October 14, 2003, the City adopted Resolution 2003-6217 establishing the updated public facilities fees to be imposed on new development and redevelopment within the City of San Marcos; and WHEREAS, on October 25, 2005, the City adopted Resolution 2005-6620 updating the Citywide public facilities fees in 2005 as required by the Public Facilities Fees Ordinance; and WHEREAS, on February 13, 2007, the City adopted Resolution 2007-6840 updating the Citywide public facilities fees in 2007 as required by the Public Facilities Fees Ordinance; and WHEREAS, on February 12, 2008, the City adopted Resolution 2008-7007 updating the Citywide public facilities fees in 2008 as required by the Public Facilities Fees Ordinance; and WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000, et seq.) certain findings are required to be made regarding unexpended development impact fees in connection with consideration of the annual development impact fee report; and WHEREAS, the Mitigation Fee Act (specifically Government Code Section 66001, subdivision (d)) requires local agencies to adopt “five-year findings” accounting for development impact fee proceeds held unexpended for more than five years; and WHEREAS, in 2021, Assembly Bill 602 (“AB 602”) amended the Mitigation Fee Act of the California Government Code, which governs Development Impact Fees; and WHEREAS, AB 602 emphasized the need to adopt a Development Impact Fee Nexus Study at a public hearing prior to the adoption of any new or increased Development Impact Fees; and WHEREAS, AB 602 requires in part that the Development Impact Fee Nexus Study identify the existing level of service for each public facility, identify new levels of service, include an explanation of why the new levels of service are more appropriate, and include information to support the required findings for adoption of new or increased Development Impact Fees; and WHEREAS, the Development Impact Fee Nexus Study provides a quantified basis for support of each Development Impact Fee and the legal support for the required findings that must be made to justify the amount of each Development Impact Fee, based on existing deficiencies of certain public facilities and the projected burdens on those facilities caused by prospective development in the City; and WHEREAS, the City’s last Public Facilities Financing Plan update took place in 2003, and since that time, the City has approved multiple Capital Improvement Plan Budgets and has seen significant development activity in recent years; and WHEREAS, the City retained the professional services of Willdan Financial Services to prepare the City of San Marcos Development Impact Fee Study Update (the “DIF Study”) attached hereto as Exhibit A; and WHEREAS, by notice duly given and published, the City Council set the time and place for a public hearing on the DIF Study to be presented for adoption, and at least 14 days prior to the hearing, the City made the DIF Study available to the public WHEREAS, the DIF Study is incorporated herein by this reference and provides the requisite findings related to the City’s Development Impact Fees; and WHEREAS, the City of San Marcos Capital Improvement Plan for Fiscal Years 2024-25 through 2028-29, indicates the approximate location, size, time of availability, and estimates of cost for all facilities or improvements to be financed with the City’s Development Impact Fees.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Marcos resolves as follows:
SECTION 1: The recitals above are each incorporated by reference and adopted as findings by the City Council.
SECTION 2:
That the DIF Study is adopted and shall replace the 2003 Public Facilities Financing Plan considered by Council on October 14, 2003. That pursuant to the DIF Study, the Council hereby finds as follows:
That the purpose of the impact fees has been identified; That the use of the fees has been identified;
That there is a reasonable relationship between the use and the type of project on which it is imposed; and That there is a reasonable relationship between the need for public improvements and the type of project on which it is imposed.
That the Five-Year Fee Report contained in the DIF Study is approved by Council and finds the following as required by Government Code Section 66001(d):
That the purpose of the development impact fees has been identified; That there is a continued need for the improvements and that there is a reasonable relationship between the fees and the impacts for the development for which the fees are collected; The sources and amounts of funding anticipated to complete the financing of improvements have been identified; and The approximate dates for funding improvements are included in the Capital Improvement Plan Budget for FY 2024-2025 unless the improvements are longer-term projects.
SECTION 3: Pursuant to section 15378(b)(4) of the California Environmental Quality Control Act (CEQA) Guidelines, the adoption of the DIF Study supporting an update the City’s Development Impact Fees is not a project subject to CEQA in that it is a governmental fiscal activity which does not involve any commitment to any specific project which may result in a significant impact on the environment.
PASSED, APPROVED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS at a regular meeting held on the 26th day of November, 2024, by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
Rebecca D. Jones, Mayor
City of San Marcos
ATTEST:
_____________________________
Phillip Scollick, City Clerk
City of San Marcos
ATTACHMENT(S):
Exhibit A – development impact fee nexus study
Resolution No. 2024-9384