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WHEREAS, to account for the lower expected impacts on pathways associated with accessory dwelling units, additions or cumulative additions, and equestrian barns that are 900 square feet or larger, the Town has elected to impose a lower fee on the foregoing uses equivalent to an EDU value of 0.35; and WHEREAS, Sections 66000 et seq. of the California Government Code ("Mitigation Fee Act") allows agencies to mitigate the impacts caused by new development by providing for the payment of development impact fees necessary for agencies to acquire property and construct new facilities to serve new residents and to maintain desirable levels of service for new and existing residents; and WHEREAS, at its May 16, 2019 meeting, the City Council determined that the continued assessment of a Pathway Fee as a development impact fee is most appropriate for current conditions; and WHEREAS, in a separate action of the City Council, the General Plan Pathways Element is being amended to reflect current facts, goals, policies and laws, including clarification that the Pathway Fee is assessed as a development impact fees for purposes of the Mitigation Fee Act (AB1600) (Gov. Code §66000 et seq.); and WHEREAS, in a separate action of the City Council, the Municipal Code is being amended to be consistent with the updated Pathways Element, Pathway Fee as a development impact fee, and the Master Path Plan implementation process; and WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which the Pathway Fee was considered, notice of the time and place of the hearing was mailed to eligible interested parties who filed written requests with the Town for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, in accordance with Government Code Section 66019, the Fee Study justifying calculation and imposition of the Pathway Fee was available for public inspection, review, and comment for ten (10) days prior to the public hearing at which the City Council considered the Pathway Fee; and WHEREAS, ten (10) days advance notice of the public hearing at which the Pathway Fee was considered was given by publication in accordance with Government Code Section 6062a; and WHEREAS, an annual development impact fee report for the Pathway Fee will be provided to the City Council as required by Government Code Section 66066(a); and WHEREAS, review of the Pathway Fee, as well as the preparation of all required reports, will occur every five (5) years as required by Government Code Section 66001(d)(1); and WHEREAS, the action taken by the separate General Plan and Municipal Code amendments and this Resolution has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the Town, does not commit the Town to any Resolution 62-19 Page 2