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Meeting Date: April 10, 2001

Subject/Title: Public Hearing for Revision of Certain Planning Fees

Submitted by: Mitch Oshinsky, AICP, Community Development Director

Approved by: Jon Elam, City Manager

Approve Resolution revising certain Planning fees. 

On November 14, 2000, the City Council adopted Resolution No. 2198, approving certain City fees. 

Two items have recently come to our attention, requiring a revision of the Cityís adopted Planning fees. The first one concerns consultant services for design review. This is an added service as part of the direction of the City Council Economic Development Committee to refocus the application review process for commercial projects in order to create a process specifically tailored to streamlining and expediting nonresidential applications, while at the same time ensuring a high level of design quality for these projects. Staff has approached this item in a number of ways, including the preparation of Design Guidelines to provide clear, proactive direction on aesthetic design to commercial developers. Staff is also proposing to ramp up our in-house design review staff via the addition of a professional consulting architect to provide peer review of nonresidential project design.

The City will pass these consultant costs on to the applicant, plus a 15% administrative cost for City management of the deposit accounts. Therefore, there will be no actual cost to the City for this additional service.

A fee category does not exist for this service, therefore one needs to be created. The fee would require a deposit of $1,000 be paid up-front, with the balance being either charged or credited to the applicant prior to issuance of building permit.

While a consultant has not yet been selected by the City to perform this task, establishment of the fee now will pave the way for the consultant to begin work following their selection.

The second item concerns the charge currently levied for temporary banners and signs. Per Section 17.640.007, temporary banners and signs are permitted subject to a Temporary Use Permit (TUP). TUPís are more commonly used to process temporary land uses, such as Christmas Tree sales and construction trailers. The fee for a TUP is $387. Staff believes this is too high, and is a disincentive to compliance with our banner sign standards. In order to support businesses and encourage them to comply with our standards, staff is recommending this fee be eliminated for temporary banners and signs, similar to our recent actions to permit outdoor dining and displays, and A-frame signs with no fees.

The attached Resolution will adopt these changes. 



WHEREAS, Government Code Sections 65104, 65909.5, 66014 and 66451.2 allow the City to establish fees to offset the Cityís administrative costs in processing permits; and

WHEREAS, on November 14, 2000 the City Council adopted Resolution No. 2198 to establish processing fees; and 

WHEREAS, this Resolution was available for public inspection and review for ten days prior to this public hearing; and 

WHEREAS, a public hearing has been noticed and held in accordance with Government Code Section 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 considered any other testimony and/or data offered.


Section 1. Findings:

The Council makes each of the following findings:

A. The purpose of the processing fees is to support those City services which are undertaken as a direct or indirect result of members of the public using the services of the City, in particular the services of permits, licenses, subdivision maps and entitlements.

B. After considering all information received at this public hearing, the Council approves the revision of certain Planning fees as listed below, and incorporates them herein, and further finds that future development in the City of Brentwood will generate a continued need for the services specified in the Report.

C. The new fee for consultant design review services is charged for the actual cost of the consultant service, and the estimated reasonable cost of providing the administrative service; and

Section 2. Fees Revised:

The fees and provisions adopted in Resolution No. 2198 are hereby revised only to the following extent:
A. Design Review Fee for Consultant Review of Nonresidential Projects, $1,000 Deposit, Subject to Consultant Cost + 15% for City Administration
B. Temporary Use Permit, $387, No Fee for Temporary Signs and Banners 
Section 3. Effective Date of Revised Fees: 

The fees revisions contained herein shall be effective immediately after the adoption of this Resolution. 

Section 4. 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 meeting operational expenses and maintaining service to those that request it; and 

B. Because the fees authorized by this Resolution will be collected at the application stage of the project, CEQA review will take place during the processing of the project. Therefore, it can be seen with certainty that the adoption of this Resolution establishing processing fees will not have a significant effect on the environment.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held April 10, 2001 by the following vote:

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