CITY COUNCIL AGENDA ITEM
Meeting Date: January 9, 2001
Subject/Title: 2001 Development Fee Program Park Fee
Submitted by: Engineering: J. Stevenson/L. Vargas/D. Beougher
Approved by: Jon Elam, City Manager
Approve a Resolution adopting the Park Fees as presented in Exhibit ‘A’ to
the attached Resolution, amending Resolution No. 2202 to revise the City of
Brentwood 2001 Development Fee Program, and amending Resolution No. 2198 to
revise the Master Fee Program.
On November 28, 2000, Council approved the City of Brentwood 2001 Development
Fee Program and all of its fees, except for the Park Fees. Staff was directed
to take this item to the Parks and Recreations Commission for their recommendation.
Staff met with the Parks and Recreation Commission on November 30, 2000 and
they recommended amending the 2000-2005 Capital Improvement Program by funding
the Sunset Park Master Plan. By funding this project with developer fees, it
can now be added to the project cost sheet for parks in the 2001 Development
Staff has completed the calculations for the proposed new Park Facility Fee
based on the revised Capital Improvement Program and the proposed new fee is
presented as Exhibit ‘A’ to the attached Resolution.
Previously proposedPark Fees Currently proposedPark Fees Difference
$5,881.81 SFR/unit $6,966.28 SFR/unit $ 1,084.47
$3,838.65 ASR/unit $4,546.41 ASR/unit $ 707.76
$4,437.15 MFR/unit $5,255.26 MFR/unit $ 818.11
With the proposed 16% increase in Park Fees, the Administration Fee will increase
by approximately 4%.
This 2001 revised report has been reviewed by the City Attorney as to form
and conformance with applicable state laws. The City Attorney has prepared
the appropriate Resolution to adopt the 2001 Park Facility Fee and amend Resolution
Nos. 2198 and 2202 to reflect this change. If adopted, the fee will take effect
60 days after adoption.
Exhibit ‘A’ – Park Fees
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE PARK
FEES AS PRESENTED IN EXHIBIT ‘A’, AMENDING RESOLUTION NO. 2202 TO REVISE THE
CITY OF BRENTWOOD 2001 DEVELOPMENT FEE PROGRAM, AND AMENDING RESOLUTION NO.
2198 TO REVISE THE MASTER FEE PROGRAM
WHEREAS, the City Council has adopted ordinances and resolutions establishing
and revising fees required to be paid by new development; and
WHEREAS, Brentwood Municipal Code §§16.130.010 et seq., provides for
the payment of public facility impact fees; and
WHEREAS, on June 8, 1993, the City of Brentwood adopted the Brentwood
General Plan 1993 – 2010, which provides for a buildout population of 79,574;
WHEREAS, the City Council has periodically revised development fees
for public facilities, including the revisions contained in Resolutions 89-56,
93-96, 95-201, 97-217, 98-85, 99-179, 99-212, 2198 and 2202; and
WHEREAS, said resolutions were based on information contained in detailed
studies of the impacts of future growth on local facilities entitled “Brentwood
Capital Improvements Costs and Basis of Development Fees” for 1989, 1993, 1995,
1997, 1998, 1999 and 2000, respectively (the “Development Fee Programs”); and
WHEREAS, on June 24, 1997, the City Council adopted the “1997/2002 Capital
Improvement Program.” On May 26, 1998, the City Council adopted the “1998/2003
Capital Improvement Program.” On May 25, 1999, the City Council adopted the “1999/2004
Capital Improvement Program.” On May 23, 2000, the City Council adopted the "2000/05
Capital Improvement Program". These capital improvement programs are an integral
part of the overall system of public facility development; and
WHEREAS, additional analysis and update of the impact of future development
on public facilities in the City of Brentwood has been completed by the City’s
Engineering Department, entitled City of Brentwood 2001 Development Fee Program;
WHEREAS, the City of Brentwood 2001 Development Fee Program sets forth
the relationship between contemplated future development, facilities needed
to serve future development, and the estimated costs of those improvements;
WHEREAS, the City of Brentwood 2001 Development Fee Program recommends
changes to the existing fees, based on the current General Plan and Capital
Improvement Program, incorporating revisions to needed facilities, updates
to right-of-way costs, the inventory of park land, predicted buildout, a more
immediate need for park and roadway improvements over the next 5 years and
other changes in the community occurring since the 1999 Development Fee Program;
WHEREAS, the City of Brentwood 2001 Development Fee Program and supporting
data were available for inspection and review for ten (10) days prior to this
public hearing; and
WHEREAS, a public hearing has been noticed and held in accordance with
Government Code Section 66016, 66017 and 66018; and
WHEREAS, the City Council has considered the information provided to
it by those testifying, and has reviewed and considered the information provided
in the staff report and staff presentation and has read and considered all
of the studies related to Park Fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE
Section 1. Findings:
The Council makes each of the following findings:
A. The purpose of these fees is to finance park facilities to reduce the impacts
caused by future development in the City of Brentwood.
B. These park fees implement policies of the City of Brentwood General Plan
as amended June 1993, including the policies that “new development shall contribute
its fair share of the cost of on and off-site public infrastructure and services.
This shall include installation of public facilities, payment of impact fees,
and participation in a Capital Improvement Financing Program (Growth Management
Policy 1.1.6 and 1.4.4).
C. The park fees will enable the City to construct park and trail facilities
and to meet the needs of new residents and employees in the community.
D. The City and certain developers in the community have constructed some facilities
that are sufficient to serve some new development. It is appropriate that new
development provide revenue to reimburse fee accounts and developers, if appropriate,
for costs that have been previously incurred to construct oversized facilities
that directly benefit new development [Government Code Section 66007(b)(2)].
E. After considering the studies and analyses prepared by City staff and the
testimony received at this public hearing, the Council approves and adopts
said studies, and incorporates such herein, and further finds that future development
in the City of Brentwood will generate the need for the additional public facilities
specified in said reports, and that these facilities are consistent with the
City’s General Plan.
F. The studies and the testimony establish:
1. That there is a reasonable relationship between the fee’s use and the type
of development on which the fee is imposed; and
2. That there is a reasonable relationship between the need for the public
facilities and the impacts of the types of development for which the corresponding
fee is charged; and
3. That there is a reasonable relationship between the amount of the fee and
the cost of the public facility or portion of the public facility attributable
to the development on which the fee is imposed; and
4. That the cost estimates set forth in the City of Brentwood 2001 Development
Fee Program and the studies are reasonable cost estimates for constructing
these facilities, and the fees expected to be generated by future developments
will not exceed the total costs of constructing the public facilities.
5. That there is a need to construct certain park improvements in strict conformance
with the 5 year program set forth in the 2000/05 Capital Improvement Program.
G. Pursuant to Government Code Section 66007(b)(1), the fees will be collected
for public improvements or facilities for which development fee accounts have
been established and the City has adopted its Capital Improvement Plan prior
to final inspection. In addition, pursuant to Government Code Section 66007(b)(2),
some of the fees are to reimburse the City for expenditures previously made.
Section 2. Fees Imposed:
A. New development in the City of Brentwood shall pay Quimby Act Fees as set
forth in the City of Brentwood 2001 Development Fee Program attached as Exhibit ‘A’ to
this Resolution and incorporated by reference. Fees shall be charged and paid
in amounts existing at the time of commencement of the project or upon issuance
of the applicable City permit, notwithstanding the amounts set forth in this
B. The City has calculated the costs of administering the program and will
impose an administrative charge to defray these costs, as set forth in the
City of Brentwood 2001 Development Fee Program attached as Exhibit ‘A’.
C. In the use of any inconsistency between the text of this Resolution and
the text of the City of Brentwood 2001 Development Fee Program, the provisions
of this Resolution shall control.
Section 3. Definitions:
A. “Square foot” shall mean every square foot of floor area as defined in the
Uniform Building Code as adopted by the City of Brentwood, except for floor
area devoted exclusively to parking. The City Engineer or his/her designee
shall determine the square footage of any project which cannot be calculated
by using the definition of the floor area.
B. “Unit” shall mean a dwelling unit as defined in the Uniform Building Code
as adopted by the City of Brentwood.
Section 4. Park Facilities To Be Financed With Fees:
A. The Park Fees collected pursuant to this Resolution shall be used to finance
the following improvements:
1. Parks & Trails as specified in the City of Brentwood Parks and Recreation
Master Plan (August 1994) as has been periodically updated and the City of
Brentwood 2001 Development Fee Program.
Section 5. Collection of Fees:
A. The applicable Park Fee shall be determined on the basis of the fee schedule
in effect at the time the building permit, or other applicable permit is issued.
If no permit is required, then the fees are payable in the amounts in effect
at the commencement of the project. The Chief Building Official or other official
or other official designated by the City manager shall determine the amount
of the fee in accordance with the standards set forth in this Resolution.
B. The Park Fees shall also be paid as a condition of an extension or renewal
of a public permit issued after passage of this Resolution if a fee has not
been paid previously.
Section 6. Exemptions.
A. To the extent a development demonstrates it has rights vested at an earlier,
specified amount of the Park Fees pursuant to a previously adopted development
fee schedule or an agreement by and between the City and the developer, this
fee schedule may not apply;
B. The fee shall not be required of any project involving replacement of existing
structures destroyed by fire or other natural disaster or constructed as part
of a redevelopment project, or to rehabilitation of existing structures where
the total cost of the work undertaken is less than fifty percent (50%) of the
value of the existing structure;
C. The following uses are categorically exempt from the fees imposed by this
Resolution: Christmas Tree Lots, Seasonal Fruit Stands, Mobile Food Vendors,
and Circuses and Carnivals.
Section 7. Exceptional Fee Circumstances:
A. A developer of projects which do not squarely fit within the development
categories listed in the 2001 Development Fee Program shall be subject to the
fees imposed pursuant to determination by the City Engineer using the criteria
set forth in the Program.
B. Nothing in this Resolution shall be construed to affect the City’s discretion,
upon proper application for senior housing, congregate care facilities or affordable
housing pursuant to Government Code Section 65915, to adjust certain Public
Section 8. Use of Fee Revenues:
The revenues raised by payment of these fees shall be segregated into a separate
park account and the revenues, along with any interest earnings on such account,
shall be used to pay for design and construction of designated parks and trails,
reasonable costs of outside consultant studies related thereto, costs of program
development, ongoing administration of the Park Fee program, including legal
costs, and any applicable reimbursement obligations.
Section 9. Existing Deficiencies:
The City will remedy any existing deficiencies without using the proceeds of
Section 10. Periodic Review and Adjustments to Fees:
A. Within one hundred eighty (180) days after the close of each fiscal year,
the City Manager or his designee shall prepare a report for the City Council,
pursuant to Government Code Section 66006, identifying the balance of fees
in the account at the beginning and end of the fiscal year, the fee, interest,
and other income, and the amount of expenditure by public facility, any refunds,
and other expenditures.
B. The City shall make the periodic report available to the public, and the
City Council shall review the report at a regularly scheduled meeting in accordance
with Section 66006.
C. The City shall similarly conduct the periodic review under Government Code
Section 66001(d) every five (5) years.
D. Pursuant to Government Code Section 66002, the City Council shall also annually
review, as a part of the Capital Improvement Plan, the approximate location,
size, time of availability and estimates of cost for all facilities or improvements
to be financed with the fees. The annual review shall also include a review
of the administrative charge. The City Council shall make findings identifying
the purpose to which the existing fee balances are to be put and demonstrating
a reasonable relationship between the fee and the purpose for which it is charged.
This annual review of the Capital Improvement Plan may warrant adjustments
to the Park Fees adopted herein.
E. Those fees established by this Resolution shall on July 1 of each year be
automatically increased or decreased from the amount then applicable by the
same percentage as the percentage of increase or decrease in construction costs
between June 1 of the calendar year immediately preceding and June 1 of the
current calendar year, based on the Engineering News-Record Construction Costs
Index, without further action of the City Council.
Section 11. Subsequent Analysis of the Fees:
The fees established herein are adopted and implemented by the Council in reliance
on the comprehensive studies that have been prepared by the City and consultants
to the City. During the coming years, the City will continue to gather additional
information that may affect the type and timing of improvements, changes in
the cost of construction, and other information that may change the fee calculations.
Notwithstanding any term or condition of any land use entitlement granted by
the City, it is existing policy that the City Council may revise the fees to
incorporate the findings and conclusions of further studies and any revisions
in the City’s General Plan, as well as increased due to inflation and increased
construction costs, and that such revisions shall apply to any prior approved
Section 12. Effective Date of Revised Fees:
The fees provided in this Resolution shall be effective on March 12, 2001,
which is at least sixty (60) days after the adoption of this Resolution; provided,
however, that, upon enactment of this Resolution, any person may pay the revised
fees instead of the current fees.
Section 13. Severability:
Each component of the Park Fees and all portions of this Resolution are severable.
Should any individual component of the fee or other provision of this Resolution
be adjudged to be invalid and unenforceable, the remaining provisions shall
be and continue to be fully effective, and the fee shall be fully effective
except as to that portion that has been judged to be invalid.
Section 14. Exemption from California Environmental Quality Act (CEQA):
The City Council finds that CEQA does not apply to the adoption of this Resolution,
pursuant to Sections 15061 and 15273 of the State CEQA Guidelines because:
A. The Fees established by this Resolution will be collected for the purposes
of obtaining funds for capital projects necessary to maintain the current levels
of service within existing service areas to serve new development.
B. To the extent that any fees authorized by this Resolution will be used to
fund new facilities, the construction of those facilities will not take place
until there has been CEQA review of the development projects which will pay
the fees, and the construction of each public facility will be subject to CEQA
review. Therefore, it can be seen with certainty that the adoption of this
Resolution establishing public facilities fees will not have a significant
effect on the environment.
Section 15. Statute of Limitations:
Any judicial action or proceeding to attack, review, set aside, void, or annul
the fees established by this Resolution shall be commenced within one hundred
twenty (120) days of the passage of this Resolution. Any action to attack an
increase adopted pursuant to Sections 10 or 11 shall be commenced within one
hundred twenty (120) days of the increase.
Section 16. Amend Resolutions:
The City’s Master Fee Resolution No. 2198 is hereby amended to add the Quimby
Act Fees adopted by this resolution, as set forth in Exhibit ‘A.’
Resolution No. 2202 is hereby amended by revise the City of Brentwood 2001
Development Fee Program to include Park Fees as set forth in Exhibit ‘A.”
PASSED, APPROVED AND ADOPTED this 9th day of January 2001 by the following