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CITY COUNCIL AGENDA ITEM NO. 26

Meeting Date: January 13, 2004

Subject/Title: Amendment to the City’s 2003-04 Master Fee Schedule/Cost Allocation Plan
to Add Development Fees for Second Units.

Submitted by: Community Development Department (M.Oshinsky/M.Leana)

Approved by: John Stevenson, City Manager
____________________________________________________________________________

RECOMMENDATION
The RGMP/Housing Committee and staff recommend passage of a resolution which amends the 2003/04 Master Fee Schedule/Cost Allocation Program by incorporating development fees for secondary housing units within the city.

PREVIOUS ACTION
As a consent item on tonight’s agenda the City Council waived the second reading and adopted a new ordinance regulating Secondary Housing Units within the City of Brentwood. This ordinance will go into effect in thirty days.

As new fees are adopted, the Developer Fee Program is amended. The most recent amendment was due to the implementation of the Downtown parking in-lieu fee in October, 2003.

BACKGROUND
During review of the draft secondary housing unit ordinance by the RGMP/Housing Committee the issue of developer fees was raised as potentially being a hindrance to the construction of secondary units due to the magnitude of the city’s fees. Staff indicated we would review the fees to see if adjustments could be made and would report back to the Committee.

After sitting down with the Engineering Department to discuss the allowable sizes of secondary housing units permitted under the new ordinance it was felt that establishing fees that were one-half the existing multi-family residential unit fee seemed reasonable. Secondary residential units are being restricted to a maximum of two bedrooms. The multi-family projects approved over the last several years have varied between one and four bedrooms. The total amount of the proposed city development fee is $9,952.91 per secondary unit which is broken down in the attached exhibit. This fee is ½ the multi-family fee and slightly over 1/3 the single family fee.

This amount reflects only the city fees; Fire fees, school fees and the Highway 4 Bypass fees are not reflected since the city has no authority to adjust these fees. However, the Engineering staff is working with the Highway Bypass Authority staff to see if they would be willing to reduce their fee for secondary units and the Community Development Department staff is working with the School Districts to see if they would be willing to reduce their fee for secondary housing units.

FISCAL IMPACT
Based upon our experience over the past 10 years staff does not anticipate a large number of second housing unit applications in the foreseeable future, but as the city builds out the likelihood of more secondary housing units is inevitable. This will provide additional revenue to the city in the form of increased developer fees.

Attachments:
Resolution

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING DEVELOPMENT FEES FOR SECONDARY HOUSING UNITS/GRANNY FLATS/IN-LAW UNITS AS PRESENTED IN EXHIBIT “A”, AND AMENDING RESOLUTION NO. 2969 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, by adopting Ordinance 769, the City Council of the City of Brentwood has created a stream-lined approach to the processing of second unit housing applications; and

WHEREAS, the City Council of the City of Brentwood desires to adopt development fees for second units that better reflect the impacts on City services that these type of units create; 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, 2202, and 2969; 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 1889, 1993, 1995, 1997, 1998, 1999, 2000, 2001, and 2002 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 secondary housing units; and

WHEREAS, the City of Brentwood’s supporting data were available for inspection and review for at least fourteen (14) 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 the staff presentation.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES
RESOLVE AS FOLLOWS:

Section 1. Findings:

The Council makes each of the following findings:

A. The purpose of these fees is to reduce the impacts caused by future development of secondary housing units in the City of Brentwood.

B. The proposed 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 the payment of impact fees.

C. The proposed fees will enable the City to maintain and enlarge City public facilities to meet the needs created by additional secondary unit construction;

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 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 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.

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 second unit housing development in the City of Brentwood shall pay fees, as set for the 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 2003 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. Collection of Fees:

The applicable fees 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 designated by the City Manager shall determine the amount of the fee in accordance with the standards set forth in this Resolution.

Section 5. Exemptions.

A. To the extent a development demonstrates it has rights vested at an earlier time 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;

Section 6. Use of Fee Revenues:

The revenues raised by payment of these fees shall be segregated into the standard developer impact fee accounts and the revenues, along with any interest earnings on such accounts, shall be used to pay for design, construction, and maintenance of designated public facilities, reasonable costs of outside consultant studies related thereto, costs of program development, ongoing administration of the fee program, including legal costs, and any applicable reimbursement obligations.

Section 7. 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 accounts 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 secondary unit 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 8. 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. 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 pertinent Specific Plans, 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 9. Effective Date of Revised Fees:

The fees provided in this Resolution shall be effective on March 15, 2004 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 10. Severability:

Each component of the Second Unit 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 fees shall be fully effective except as to that portion that has been judged to be invalid.

Section 11. 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 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 12. 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 7 or 8 shall be commenced within one hundred twenty (120) days of the increase.

Section 13. Amend Resolutions:

The City’s Master Fee Resolution No. 2969 is hereby amended to add the Second Unit Fees adopted by this resolution, as set forth in Exhibit ‘A.’

Resolution No. 2969 is hereby amended by revising the City of Brentwood 2003 Cost Allocation Plan to include Second Unit Fees as set forth in Exhibit ‘A’.

PASSED, APPROVED AND ADOPTED this 13th day of January, 2004 by the following vote:

Attachments:
Exhibit A

EXHIBIT A TO RESOLUTION

Public Uses Proposed 2nd Unit Fee

Water Facilities $ 2,357.59
Wastewater Facilities $ 1,536.16
Roadways $ 2,466.80
Parks and Trails $ 2,490.70
Community Facilities $ 842.30
Administration $ 259.36
_________

TOTAL FEE $ 9,952.91

City Administration
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Brentwood, CA 94513
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E-mail allcouncil@brentwoodca.gov