DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FREMONT
APPROVING AN INCREASE IN DEVELOPMENT IMPACT FEES TO
REFLECT INCREASES IN THE ENGINEERING NEWS RECORD
CONSTRUCTION COST INDEX FOR THE SAN FRANCISCO BAY
AREA
WHEREAS, the City has five Development Impact Fees, which are the Parkland Fee, the Park Facilities Fee, the Traffic Impact Fee, the Fire Facilities Fee, and the Capital Facilities Fees; these fees are administered in accordance with Fremont Municipal Code Section 18.290; and
WHEREAS, Government Code Section 66006(b) requires the City to make available to the public certain information regarding its development impact fee accounts each year; and
WHEREAS, on April 18, 2017, the City Council adopted Resolution No. 2017-20 to establish a process for the annual adjustment of development impact fees commensurate with the increase in the Engineering News Record-Construction Cost Index (ENR-CCI) for the San Francisco Bay Area, which measures the annual increases in general construction costs so that the impact fees will continue to generate sufficient funds to construct the facilities needed to serve new development, and to adjust the development impact fees by the percentage increase in the ENR-CCI for 2021; and
WHEREAS, the ENR-CCI for the San Francisco Bay Area indicates that general construction costs increased 6.62 percent in 2021; and
WHEREAS, on March 1, 2022, the City Council held a full and fair public hearing with respect to the proposed development impact fee adjustment where all members of the public had an opportunity to be heard, which hearing was noticed as required by law; and WHEREAS, the City Council now wishes to adjust the fees in accordance with the increase in the ENR-CCI for the San Francisco Bay Area and amend the City’s Master Fee Resolution (Resolution No. 8672 as amended) to reflect the revised rates set forth in Exhibit "A" to this Resolution, which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. Pursuant to Section 18.290 of the Fremont Municipal Code and Resolution 2017-20, the City Council approves a 6.62% ENR -CCI increase to the City’s development impact fees as shown on Exhibit “A”. Section 11.M of the Master Fee Schedule is amended to reflect the new fee rates, which shall be administered pursuant to the Impact Fee Ordinance .
SECTION 2. The Master Fee Schedule (adopted by Resolution No. 8672 and amended from time to time, including by this Resolution) shall be kept on file in the Office of the City Clerk.
SECTION 3. This implementing resolution shall be effective on July 1, 2022. Upon the effective date, this resolution shall supersede all previous resolutions which conflict with this Resolution, and all conflicting resolutions shall be deemed repealed without further action by the City Council.
ADOPTED, , 2022, by the City Council of the City of Fremont by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Sr. Deputy City Attorney II
Exhibit A
City of Fremont- Development Impact Fees, Effective July 1, 2022 Amend Master Fee Schedule Section 11.M. Development Impact Fees, Effective July 1, 2022 as follows:
KSF: Thousand square feet
KSF: Thousand square feet
Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms (studios) $1,456 $273 $2,540 $5,181 $6,158
1 bedroom $1,969 $370 $2,540 $8,027 $9,236
2 bedrooms $2,925 $549 $2,837 $11,038 $12,932
3 bedrooms $3,744 $703 $2,837 $13,517 $16,011
4 bedrooms $4,393 $824 $4,319 $16,895 $19,706
>4 per bedroom $869 $163
See Note
4 $3,114 $3,694
Office (KSF) $1,136 $673 $6,309 0 0
Retail/Service (KSF) $675 $400 $8,638 0 0
Warehouse (KSF) $486 $402 $3,735 0 0
Light Industrial (KSF) $380 $225 $4,573 0 0
Manufacturing (KSF) $691 $410 $3,175 0 0
Research & Development (KSF) $876 $520 $4,530 0 0
Business Park (KSF) See Note 5
See Note
5 $5,335 0 0
Convalescent Home/Nursing Home (KSF) $380 $225 $4,277 0 0 Assisted Living/Congregate Care Facility
(KSF) $380 $225 $848 0 0
Hospital (KSF) $380 $225 $4,866 0 0
Religious Facility (KSF) $979 $581 $3,981 0 0
Schools, all (K-12) (KSF) $979 $581 $8,976 0 0
School, Vocation/Trade/Collegian (KSF) $979 $581 $11,178 0 0 Hotel/Motel (Room) $216 $128 $2,583 0 0
Notes:
1. Definitions application to land use categories from the Comprehensive Development Impact Fee Update Background Technical Report shall be used in applying the fees above.
2. Residential uses pay all five fees listed above.
3. Non-residential uses pay three fees, being: Capital Facilities; Fire Facilities; and Traffic fees.
4. Under the Traffic fee, residential units with more than four bedrooms pay the fee applicable to a 4- bedroom unit.
5. For uses paying the Traffic fee as a Business Park, the most applicable Capital Facilities and Fire Facilities fees would also apply (e.g., office, manufacturing).
6. Any qualifying project with deed-restricted affordable housing units shall pay Traffic, Parkland, and Park Facilities Fee, at a rate that is 50% of the rate showing above. Capital Facilities and Fire Facilities Fees shall be paid at the full rate shown above.