CITY COUNCIL AGENDA ITEM NO. 23
Meeting Date: August 26, 2003
Subject/Title: Public Hearing-Adoption of a temporary in-lieu parking fee
for new and expanding projects within the downtown area.
Submitted by: Community Development (M. Oshinsky/M. Leana)
Approved by: John Stevenson, City Manager
The City Council Economic Development Subcommittee and staff recommend
passage of a Resolution adopting an in-lieu parking fee for handling
deficiencies in the provision of off street parking for new and expanding
projects within the downtown area.
During the past several months staff has been approached by several
potential developers who desire to either build, expand or convert existing
buildings within the downtown area. One of the “sticking” points is the
ability to adhere to the off-street parking requirements of the City Zoning
Ordinance. Although a much more lenient “special” parking standard was
established for all buildings constructed prior to 1986 in the Downtown core
(the CB zoned area), the lack of on-site space often precludes the ability
to provide any additional parking, much less the reduced City requirement.
In the past ten years this has lead to seven parking variance requests which
were approved in order to provide an economic stimulus to Downtown
While the variance option still exists to accommodate expanding business
development/redevelopment within the Downtown area, given the City’s intent
to construct a Downtown parking garage staff felt now might be the time to
consider adopting a per stall parking in-lieu fee for projects that cannot
adhere to their parking requirement. Thus, instead of collecting a fee for a
variance application and processing the paper work, the adopted in-lieu fee
could be placed in a special account to assist in funding the construction,
operation and maintenance of the future parking structure, and/or other
Downtown parking facilities or improvements.
Section 17.620.019 of the Brentwood Municipal Code (the City’s Parking
Ordinance) allows for an exception to the City’s parking requirements by
establishing in-lieu parking provisions. Subsection C. of this section
allows the off-street parking and loading requirements of a use to be met
“by the payment of the costs of the required off-street parking spaces to be
placed into a trust fund for the provision of future off-street parking
Staff surveyed a number of California cities to determine the amount of
in-lieu fees charged elsewhere, and worked with the RDA staff to have Gruen
& Gruen (G&G) research this issue with respect to land values in Downtown
Brentwood in the hope of recommending a reasonable in-lieu fee that would
generate substantial revenue but not hinder economic development within the
Downtown. The G&G report, “Strategies and Programs for a Vital Town Center”
(April, 2003) that was previously presented to the City Council for use in
the preparation and formulation of the Downtown Specific Plan, recommends
the initial adoption of a $2,500 per parking space in-lieu fee. The report
also calls for a reanalysis of the fee in succeeding years so as not to
discourage downtown development/redevelopment but keep the fee inline with
anticipated rising rents in the Downtown as the City builds out.
Based upon G&G’s analysis, a $2,500 in-lieu fee per each deficient stall for
any proposed new development/redevelopment/expansion/conversion of property
within the Downtown area that could not provide the parking required under
the City’s Parking Ordinance was suggested. This fee would be collected at
the time of building permit issuance.
This recommendation was presented to the City Council’s Economic Development
Subcommittee. After discussing the topic and agreeing to the concept, the
Subcommittee elected to recommend that the fee be set at $5,000 per
deficient stall to better reflect the actual cost of constructing an
off-street parking space. Subsequently Economic Development, Engineering,
Community Development and City Attorney discussed the fee in relation to
consistency with the General Plan, Redevelopment Plan and Zoning Ordinance.
This led to the idea of “tweaking” the fee to include residential uses in
case any were proposed, and to provide some incentive for encouraging the
use of a building’s ground floor for retail, and not office, uses. Thus a
“tiered” fee was created for office uses with a $10,000 per stall fee for
office use on the first floor and $5,000 for office use on the second floor.
Staff is therefore presenting to the Council the recommendation of the
Economic Development Subcommittee, modified by the addition of the in-lieu
fee to apply to residential uses and a tiered fee for office uses. If the
City Council feels the fee should be a flat $5,000 for all uses, Exhibit ‘A’
in the resolution can be easily modified.
In-lieu Fee Resolution with map
G&G’s report “Strategies and Programs For A Vital Town Center” (available
for review in the City Clerk’s and Community Development Department’s
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE
IN-LIEU PARKING FEE AS PRESENTED IN EXHIBIT ‘A’, AMENDING RESOLUTION NO.
2366 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, Brentwood Municipal Code Section 17.620.019 allows for an exception
to the City’s parking requirements by establishing an in-lieu parking
provisions and allows the off-street parking and loading requirements of a
use to be met “by the payment of the costs of the required off-street
parking spaces to be placed into a trust fund for the provision of future
off-street parking facilities”; and
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, 2202, 2220 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, 2000, and 2001 respectively (the
“Development Fee Programs”); 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
for downtown off-street parking, entitled “Strategies and Programs For a
Vital Town Center,” dated April 22. 2003; and
WHEREAS, the City of Brentwood’s 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 In Lieu Parking Fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE AS
Section 1. Findings:
The Council makes each of the following findings:
A. The purpose of these fees is to finance parking facilities to reduce the
impacts caused by future development in the City of Brentwood.
B. The parking fees implement policies of the City of Brentwood General
Plan, 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 parking fees will enable the City to construct parking facilities and
to meet the needs of new businesses/residential/office uses in the Brentwood
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 study, and incorporates such herein, and further finds that future
development in the City of Brentwood will generate the need for the
additional public off-street parking facilities specified in said report,
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
parking 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 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 parking improvements in the
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 prior to final inspection. In addition,
pursuant to Government Code Section 66007(b)(2), some of the fees may be
used to reimburse the City for expenditures previously made.
Section 2. Fees Imposed:
A. New development in the City of Brentwood Town Center and Downtown area as
specified in the attached map shall pay in lieu parking fees, as set forth
in the 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 Resolution.
B. In the use of any inconsistency between the text of this Resolution and
the text of the City of Brentwood 2002 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 In Lieu Parking Fees collected pursuant to this Resolution shall be
used to finance the following improvements:
1. Parking Facilities in the downtown area as identified in the City’s
Parking Study, completed by Gruen and Gruen, and any other parking study
completed by the city.
Section 5. Collection of Fees:
A. The applicable In Lieu Parking 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
Community Development Director 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 In Lieu Parking 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 time or a specified amount for an In Lieu Parking Fees, such as
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, or a use requiring a City Council approved
Temporary Use Permit.
Section 7. Exceptional Fee Circumstances:
A. A developer of projects which do not squarely fit within the development
categories listed in Exhibit A shall be subject to the fees imposed pursuant
to determination by the Community Development Director 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 the In Lieu Parking Fees.
Section 8. Use of Fee Revenues:
The revenues raised by payment of these fees shall be segregated into a
separate in lieu parking account trust fund and the revenues, along with any
interest earnings on such account, shall be used to pay for design,
construction, and maintenance of designated off-street parking facilities,
reasonable costs of outside consultant studies related thereto, costs of
program development, ongoing administration of the In Lieu Parking Fees
program, including legal costs, and any applicable reimbursement
Section 9. 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 In Lieu Parking Fees
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 study that has been prepared by the City and
the 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
or Downtown Specific Plan, as well as an increase due to inflation and
increase due to construction costs, and that such revisions shall apply to
any prior approved projects.
Section 12. Effective Date of Revised Fees:
The fees provided in this Resolution shall be effective on October 26, 2003,
which is at least sixty (60) days after the adoption of this Resolution;
provided, however, that, upon enactment of this Resolution, the City may
request voluntary compliance with the adopted fees or place it as a
condition of a project’s approval.
Section 13. Severability:
Each component of the In Lieu Parking 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
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 as foreseen and identified in the City’s General Plan.
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. 2366 is hereby amended to add the In
Lieu Parking Fees adopted by this resolution, as set forth in Exhibit ‘A.’
Resolution No. 2366 is hereby amended by revising the City of Brentwood 2002
Development Fee Program to include In Lieu Parking Fees as set forth in
PASSED, APPROVED AND ADOPTED this 26th day of August, 2003 by the following
Land Use Fee
One space shall be located on site and any additional space off site shall
be $5,000 per required parking space.
Retail/Commercial $5,000 per space
Office $10,000 per space for First Floor square ft. $ 5,000 per space for
Second Floor sq. ft.
$ 2,500 per space for Third Floor sq. ft.