Resolution 2022-XX Page 1 of 3 DRAFT
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FREMONT APPROVING THE ANNUAL 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 the City’s Impact Fee Ordinance, 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 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 2022; and
WHEREAS, the ENR-CCI for the San Francisco Bay Area indicates that general construction costs increased 13.65 percent in 2022; and
WHEREAS, on December 6, 2022, the City Council held a duly-noticed public hearing with respect to the proposed development impact fee adjustment where all members of the public had an opportunity to be heard; 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 new revised rates.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FREMONT RESOLVES AS FOLLOWS:
SECTION 1. The Council approves a 13.65% ENR -CCI increase to the City’s development impact fees , effective July 1, 2023, pursuant to Fremont Municipal Code Chapter 18.290 and Resolution 2017 -20.
Resolution 2022-XX Page 2 of 3 SECTION 2. The Master Fee Schedule (adopted by Resolution No. 8672 , as amended from time to time ) is amended to reflect the Council’s approval of 13.65% ENR-CCI increase in development impact fee s, effective July 1, 2023, as shown by the new fee rates included in Exhibit “A” to this Resolution , and shall be administered in accordance with the City’s Impact Fee Ordinance.
SECTION 3. This resolution becomes effective on July 1, 2023, at which time it shall supersede all previous resolutions in conflict herewith . The increases to the development impact fees set fort h in this resolution shall take effect on July 1, 2023 .
All conflicting resolutions shall be d eemed 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 City Attorney
Resolution 2022-XX Page 3 of 3 Exhibit A
City of Fremont-Development Impact Fees, Effective July 1, 2023 Amend Master Fee Schedule Section 11.M, Development Impact Fees, Effective July 1, 2023, as follows:
KSF: Thousand square feet
Land Use
Capital
Facilities
Fire
Facilities Traffic Parkland
Park
Facilities
0 bedrooms (studios) $1,655 $310 $2,886 $5,888 $6,999
1 bedroom $2,238 $421 $2,886 $9,123 $10,497
2 bedrooms $3,324 $624 $3,224 $12,545 $14,697
3 bedrooms $4,255 $799 $3,224 $15,362 $18,197
4 bedrooms $4,993 $936 $4,909 $19,201 $22,395
>4 per bedroom $988 $185 See Note 4 $3,539 $4,199
Office (KSF) $1,291 $765 $7,170 0 0
Retail/Service (KSF) $767 $455 $9,817 0 0
Warehouse (KSF) $552 $457 $4,245 0 0
Light Industrial (KSF) $432 $256 $5,197 0 0
Manufacturing (KSF) $785 $466 $3,609 0 0
Research & Development (KSF) $996 $591 $5,149 0 0
Business Park (KSF) See Note 5 See Note 5 $6,064 0 0
Convalescent Home/Nursing Home (KSF) $432 $256 $4,860 0 0 Assisted Living/Congregate Care Facility (KSF) $432 $256 $963 0 0 Hospital (KSF) $432 $256 $5,530 0 0
Religious Facility (KSF) $1,113 $660 $4,525 0 0
Schools, all (K-12) (KSF) $1,113 $660 $10,202 0 0
School, Vocation/Trade/Collegian (KSF) $1,113 $660 $12,704 0 0 Hotel/Motel (Room) $245 $145 $2,936 0 0
Notes:
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 Facilties and Fire Facilities Fees shall be paid at the full rate shown above.
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).