FIN390-10\bs\H:\COMMON\Council\2023\Administration\042523 User Fees Attach #3 Reso .docx
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ATTACHMENT #3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF THOUSAND OAKS INCREASING
TRAFFIC DEVELOPMENT IMPACT FEES BY
THE CONSTRUCTION COST INDEX
WHEREAS, various Traffic Development Impact Fees (“Impact Fees”) were previously established and amended by various City Council Resolutions, as listed in Exhibit A attached hereto; and
WHEREAS, these Impact Fees are imposed on land development projects for the purpose of each development paying its fair share of road improvements, and have been collected from property owners for development of their real property; and
WHEREAS, the legal basis for the imposition of these Impact Fees is, inter alia, article XI, § 7, of the California Constitution (general police powers); section 66410, et al., of the California Government Code (the Subdivision Map Act); and the Thousand Oaks Municipal Code at Article 15 of Chapter 3 of Title 9, and Article 1 of Chapter 1 of Title 7; and
WHEREAS, the Resolutions that established these Impact Fees allow for biennial adjustment of the fees due to increased costs of construction and based on the Construction Cost Index, Los Angeles. That index indicates a 23.92 percent increase in costs since the Impact Fees were last adjusted; and WHEREAS, the Impact Fees were last adjusted in 2021; and WHEREAS, consistent with Government Code Section 66000, et seq., the City prepared and the City Council adopted the analysis, findings and reports establishing the nexus for each of the Impact Fees when each was established, and included as a part of each Resolution the fair share, allocation, and nexus or reasonable relationship between development and impacts associated with the development as follows:
(1) Each fee's use and the type of land development project for which each fee is imposed; and
(2) The need for the public facility and the type of land development on which each fee is imposed; and
WHEREAS, the City Council has caused a Public Hearing Notice to be published as required by Government Code Section 66016; has caused the FIN390-10\bs\H:\COMMON\Council\2023\Administration\042523 User Fees Attach #3 Reso .docx
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attached exhibit to be available for public review at least 10 days prior to the Public Meeting; has conducted a Public Meeting concerning this action on March 14, 2023; and has conducted a Public Hearing concerning this action on April 25, 2023.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Thousand Oaks that the Traffic Development Impact Fees be increased by a 23.92 percent cost index as set forth in the attached Exhibit A.
BE IT FURTHER RESOLVED that all other provisions of the Resolutions listed in Exhibit 1 that established the Impact Fees are incorporated herein as if set forth in full and shall remain in full force and effect.
PASSED AND ADOPTED this 25th day of April, 2023, by the following vote:
Ayes:
Noes:
Absent:
Kevin McNamee, Mayor
City of Thousand Oaks, California
ATTEST/CERTIFY:
Laura B. Maguire, City Clerk
Date Attested: ____________________
APPROVED AS TO FORM:
Office of the City Attorney
Tracy Friedl, Assistant City Attorney
APPROVED AS TO ADMINISTRATION:
Andrew P. Powers, City Manager
The presence of electronic signature certifies that the foregoing is a true and correct copy as approved by the City of Thousand Oaks City Council on the date cited above.
FIN390-10\bs\H:\COMMON\Council\2023\Administration\042523 User Fees Attach #3 Reso .docx
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