CITY COUNCIL AGENDA ITEM
Meeting Date: September 13, 2005
Subject/Title: 2005/06 Development Fee Program
Prepared by: Engineering: L. Vargas
Submitted by: Engineering: B. Grewal
Adopt a Resolution approving the City of Brentwood 2005/06 Development Fee
Program to fund public facilities and amending Resolution No. 2004-222
revising the 2004/05 Cost Allocation Plan and Schedule of City Fees.
The City Council proposed actions:
• Open the Public Hearing and receive the public’s oral and written
testimony on the revised 2005/06 report. City Council may adopt the revised
City of Brentwood Development Fee Program as written;
• Adopt the City of Brentwood Development Fee Program with revisions; or
• Continue the Public Hearing to a later date.
The General Plan, which the City Council adopted on November 27, 2001, has a
policy that requires an annual re-evaluation of the City of Brentwood
Development Fee Program to accurately reflect any changes since the previous
update. This annual review ensures that new development pays for its fair
share of the infrastructure that is required as a result of development, and
that the development fees established by the City of Brentwood are fair and
equitable and in conformance with Statutory Requirements (AB 1600).
To accomplish these goals, a process was followed over the past year:
1. Changes to Capital Improvements planned for the ultimate build-out of the
City of Brentwood and changes to the costs of construction were reviewed.
2. Capital Improvements for 2005/06-2009/10 were reviewed for costs and
changes to the costs.
The revised City of Brentwood Development Fee Program covers the following
costs, fees and administrative details:
A. Project costs for each category (water, sewer, roadways, parks, etc.) at
B. Unit costs (based on accepted estimates)
C. Administrative costs (overhead, direct staff costs)
D. The annual inflation increase or decrease on July 1st of each year based
on the Engineering News Record Construction Cost Index San Francisco Bay
A. Fees based on seven development categories (single family, active senior,
multi-family, secondary housing unit, industrial, office and commercial) and
by specific item (water storage and treatment, wastewater, roads, fire,
etc.) at City build-out
B. Administration (direct costs and overhead to administer the program)
C. “Exceptional Circumstances” fee requirements
D. East Diablo Fire Protection District Impact Fee with revisions
E. De-Annexation Fees for projects north of Lone Tree Way from Diablo Water
District and Ironhouse Sanitation District
A. Determination of fees
B. Reimbursement agreement procedures
C. Method of updating costs/fees in future
D. Benefit District procedures
A. Project costs and unit costs
B. Fee calculation sheets
C. Reimbursement sheets
E. East Diablo Fire Facilities Financing Study and City’s Future Needs Study
Proposed new fees are presented as Exhibit “A” (2005/06 City of Brentwood
Development Fee Program) to the attached Resolution.
This revision contains several changes over the February 2004 report:
• Staff revised a few of the unit costs, such as landscaping and irrigation
to more closely reflect 2005 prices.
• Staff amended the list of roads and traffic signals and adjusted the
Roadway Project Cost Sheet accordingly to accommodate the changes.
• The costs for the long-term water solution were adjusted based on current
negotiations and estimates changed on the Water Facilities Project Sheet.
• The revised costs for wastewater treatment based on actual construction
costs were changed on the Wastewater Facilities Project Sheet.
• The Fire Mitigation Fee was adjusted according to the ENR Construction
Staff met with the representative of the Building Industry Association and
developers to discuss the changes and to receive any comments they might
have regarding the revised Development Fee Program. This 2005/06 revised
report has been reviewed by the City Attorney as to form and conformance
with applicable state laws. The City Attorney has also reviewed the attached
Resolution to adopt the 2005/06 report. The Resolution will address public
testimony and recite findings recommended by staff and the City Council. If
adopted, the fees and reimbursements will take effect sixty (60) days after
Other changes are noted in Exhibit “A” attached and made part of the
The Development Fee Program represents $628.5 million in total costs for
Capital Improvements to build-out, based on the 2001 – 2021 General Plan and
Infrastructure Plans. Revisions to fees for various land uses are balanced
against revisions in reimbursements.
2005/06 City of Brentwood Development Fee Program
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING THE CITY
OF BRENTWOOD 2005/06 DEVELOPMENT FEE PROGRAM TO FUND PUBLIC FACILITIES AND
AMENDING RESOLUTION NO. 2004-222 REVISING THE 2004/05 COST ALLOCATION PLAN
AND SCHEDULE OF CITY FEES.
WHEREAS, 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, City of Brentwood adopted the Brentwood General
Plan 1993 – 2010, which was updated on November 27, 2001 by Ordinance No.
695, to provide for a build-out population of 76,266; and
WHEREAS, City Council has periodically revised development fees for public
facilities, including the revisions contained in Resolution No.’s 89-56,
93-96, 95-201, 97-217, 98-85, 99-179, 99-212, 2198, 2202, 2220, 2629,
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, 2001, 2002/03 and 2004
respectively (the “Development Fee Programs”); and
WHEREAS, on June 24, 1997, City Council adopted the “1997/02 Capital
Improvement Program”, and on May 26, 1998, City Council adopted the “1998/03
Capital Improvement Program”, and on May 25, 1999, City Council adopted the
“1999/04 Capital Improvement Program”, and on May 23, 2000, City Council
adopted the "2000/05 Capital Improvement Program”, and on May 28, 2002, City
Council adopted the “2002/03 -2006/07 Capital Improvement Program”, and on
June 10, 2003, City Council adopted the “2003-2008 Capital Improvement
Program”; and on May 24, 2005, City Council adopted the “2005/06-2009/10
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 2005/06
Development Fee Program”; and
WHEREAS, the City of Brentwood 2005/06 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 2005/06 Development Fee Program recommends
changes to the existing fees, based on the current General Plan and Capital
Improvement Program, incorporating revisions to needed facilities, the
inventory of park land and predicted build-out; and
WHEREAS, the City of Brentwood 2005/06 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, City Council has considered the information provided to it by those
testifying, reviewed and considered the information provided in the staff
report and staff presentation and has read and considered all of the studies
in the attached City of Brentwood 2005/06 Development Fee Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES RESOLVE AS
Section 1. Findings:
The City Council makes each of the following findings:
A. The purpose of these fees is to finance municipal public facilities to
mitigate the impacts caused by future development in the City of Brentwood.
B. These fees implement policies of the City of Brentwood General Plan as
amended November 2001, 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 fees will enable the City to construct water storage and transmission
facilities, water treatment facilities, wastewater treatment facilities,
wastewater collection system, roadway improvements; to provide park and
trail facilities; and to provide and expand community facilities 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 City 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 2005/06
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
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.
H. The method of allocation of the Public Facilities Fees to a particular
development bears a fair and reasonable relationship to each development’s
burden on and benefit from the facilities to be funded by the fee.
Section 2. Fees Imposed:
A. New development in the City of Brentwood shall pay Public Facility Fees
as set forth in the City of Brentwood 2005/06 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 Resolution.
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 2005/06 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 2005/06 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. Public Facilities to Be Financed With Fees:
A. The Public Facilities 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
Parks, Trails and Recreation Master Plan (June 2002) as has been
periodically updated and the City of Brentwood 2005/06 Development Fee
2. Water Storage and Transmission Facilities as specified in the City of
Brentwood Infrastructure Master Plans and as has been periodically updated
and the City of Brentwood 2005/06 Development Fee Program; and
3. Water Treatment and Supply Facilities as specified in the City of
Brentwood Infrastructure Master Plans and as has been periodically updated
and the City of Brentwood 2005/06 Development Fee Program; and
4. Wastewater Treatment Plant as specified in the City of Brentwood
Infrastructure Master Plan, Preliminary and Final Studies on the Wastewater
Facilities Plan Costs and other updates to reflect the expansion of the
City’s Wastewater Treatment Plant and facilities and the City of Brentwood
2005/06 Development Fee Program; and
5. Wastewater Collection Facilities as specified in the City of Brentwood
Infrastructure Master Plan and as has been periodically updated and the City
of Brentwood 2005/06 Development Fee Program; and
6. Roadways as specified in the City of Brentwood Infrastructure Master
Plans and as has been periodically updated and the City of Brentwood 2005/06
Development Fee Program; and
7. Community Facilities as based on recent proposals received by the City,
staff analysis and the City of Brentwood Civic Center Master Plan, the
actual police facilities cost and other community facilities studies, all as
have been periodically updated and the City of Brentwood 2005/06 Development
Fee Program; and
8. Fire Protection Facilities as set forth in the East Diablo Fire
Protection District Financing Plan and Impact Fee Study (January 1998) and
the City’s study of future needs.
Section 5. Collection of Fees:
A. The applicable Public Facilities 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
City Engineer, 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 Public Facilities Fees shall also be paid as a condition of an
extension or renewal of a public permit issued after passage of this
C. The City shall also collect fees authorized and those adopted by other
jurisdictions applicable to new development in Brentwood. Fees authorized
include without limitation, Agriculture Preservation Fee, Art in Public
Places Fee, Affordable Housing Fee, school fees, ECCRFFA Fees, Contra Costa
Flood Control District Fees, De-Annexation Fees for development located
north of Lone Tree Way per the signed agreements with Diablo Water District
and Ironhouse Sanitation District, etc.
Section 6. Exemptions:
A. To the extent a development demonstrates it has rights vested at an
earlier, specified amount of the Public Facilities 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 2005/06 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 Facility Fees.
Section 8. Use of Fee Revenues:
The revenues raised by payment of these fees shall be segregated into
separate public facilities’ accounts and the revenues, along with any
interest earnings on such account, shall be used to pay for design and
construction of designated public facilities, reasonable costs of outside
consultant studies related thereto, costs of program development, ongoing
administration of the Public Facilities 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
Public Facilities Fees.
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 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, other income, 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 Government Code 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. 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 Public Facilities Fees
E. Those fees established by this Resolution, may on July 1st 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 1st of the calendar year immediately
preceding and June 1st of the current calendar year, based on the
Engineering News Record Construction Costs Index, San Francisco area,
without further action of City Council.
Section 11. Subsequent Analysis of the Fees:
The fees established herein are adopted and implemented by City 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
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
increases due to inflation and increased 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 November 14,
2005, 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 Public Facilities 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
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. 2004-222 is hereby amended to add the
Fees adopted by this Resolution, as set forth in Exhibit “A”.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at
a regular meeting on the 13th day of September 2005 by the following vote: