CITY COUNCIL AGENDA ITEM
Meeting Date: January 13, 2004
Subject/Title: Amendment to the City’s 2003-04 Master Fee Schedule/Cost
to Add Development Fees for Second Units.
Submitted by: Community Development Department (M.Oshinsky/M.Leana)
Approved by: John Stevenson, City Manager
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.
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
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.
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.
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.
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
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
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
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
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
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
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
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
PASSED, APPROVED AND ADOPTED this 13th day of January, 2004 by the following
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