HomeMy WebLinkAboutMINUTES - 12152009 - SD.4RECOMMENDATION(S):
ACCEPT the report from the Director of the Department of Conservation and Development
related to adjustments to the Land Development Fee Schedule to implement the following:
Incorporate the $500 service fee for the processing and maintenance of requests for Impact
Fee Deferral as established by Ordinance No. 2009-14 authorizing the deferral of certain
impact fees;
Modify the inclusionary housing in lieu fee, as approved by th Board on July 21, 2009, to
more accurately reflect changes to median homes sales prices and median rent in the area;
Establish fees related to the processing of financing, refinancing, mortgage credit
certificates and re-issuance of mortgage credit certificates for multi-family and single-family
housing;
Incorporate the fees adopted by the Board on June 16, 2009 for the Montalvin Manor
Planned-Unit District and provide for the Amnesty Program until December 31, 2011 on
building permit fees for specified structures;
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/15/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Louise Aiello,
313-4303
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: December 15, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
SD. 4
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:December 15, 2009
Contra
Costa
County
Subject:Adopt New and Revised Fees for Land Development and Other Services
and,
Update the Building Valuation source document, the hourly rates for additional plan
checking services, and the per trip costs for code compliance
RECOMMENDATION(S): (CONT'D)
site reviews.
OPEN the public hearing, ACCEPT any written or oral public testimony related to the
proposed fee changes, and CLOSE the public hearing;
DETERMINE for the purposes of compliance with the California Environmental Quality
Act, that the project is Exempt pursuant to CEQA Guidelines Section 15273 (fees
established by public agencies to meet operating expenses);
ADOPT Resolution #2009/559 which incorporates revisions to the fee schedule; and,
DIRECT staff to file a Notice of Exemption from CEQA with the County Clerk.
FISCAL IMPACT:
It is anticipated that any General Fund revenue loss resulting from the Impact Fee
Deferral Program will be offset by increased economic activity within the county
resulting from these actions. All other fee adjustments will have no impact on the
General Fund.
BACKGROUND:
Development Impact Fee Realignment Program Fee
On June 2, 2009, the Board of Supervisors adopted Ordinance No. 2009-14 authorizing
the realignment of certain impact fees by allowing for the deferral of specified fee
payments for residential development projects through December 31, 2011.
Fees included in this program are Area of Benefit Fees, Child Care Fees, Inclusionary
Housing Fees, Park Impact Fees, Police Services Fees (Minor subdivisions), and Traffic
Impact Fees. Special district and regional authority fees are not included in this program.
Fees not included are: multi-jurisdictional fees involving joint powers agencies, fire
district fees, school impact fees, fees derived from conditions of approval rather than by
ordinance, fee program funding services (e.g. Dougherty Valley Transit Fee Program),
planning/engineering application fees, and building permit fees.
The Ordinance requires that a developer apply to participate in the deferral program, and
execute an agreement that will be recorded as a lien on the property. The developer will
be required to pay a $500 one-time service fee. This fee will help to off-set staff costs
incurred in processing the application, monitoring the development, and ensuring that the
fee is paid when the development is complete.
Inclusionary Housing Ordinance In-Lieu Fee
On October 24, 2006, the Board of Supervisors adopted County Ordinance 2006-43
Inclusionary Housing (IHO). The IHO is applicable to all new residential developments
of five or more units, as well as condominium conversions. Fifteen percent of all the
residential units are required to be affordable. The IHO provides some alternative
compliance options, including the payment of fees in-lieu of developing affordable units
(“in-lieu fee”), allowing the affordable units to be developed on a separate site, and
allowing a developer to convey land suitable for affordable housing development to a
qualified affordable housing developer. In addition, the County may consider any other
reasonable alternative that a developer proposes.
On July 21, 2009, the Board directed staff to update the Department of Conservation and
Development’s Fee Schedule to reflect changes in the area median income, median home
sales price, and median rent. Upon adoption of the Fee Schedule, the in-lieu fee for
for-sale developments will be $3,874.89 per market rate unit, and $26,774.55 per market
rate unit in rental developments.
Affordable Housing Program Loan Subordination Request Review and Document
Preparation Fee.
1. Fees For Subordination To Multi-Family Refinances
The Board of Supervisors has allocated Community Development Block Grant, HOME
Investment Partnerships Act, and Housing Opportunities for Persons with HIV/AIDS,
and Redevelopment Agency funds to developers of affordable housing over the past 30
years. Over the past year, the County has received requests from some of the project
owners to assist in refinancing by subordinating to a new first mortgage. Some of these
transactions are straightforward and require minimal County staff time. Other
transactions are quite complex and require significant staff time as well as new or
modified legal documents. These costs can exceed $5,000 per transaction.
A deposit of $1,000 plus time and materials will assist in offsetting costs and allow the
Department to maintain a balanced budget for affordable housing programs.
2. Fees For Subordination To Single-Family Refinances
The Board of Supervisors has provided homeownership opportunities through below
market priced homes and silent second loan programs. The County has frequent requests
from homeowners to subordinate the County Deeds of Trust to a new first mortgage.
Some of these transactions are straightforward and require minimal County staff time.
Other transactions are quite complex. In addition to County staff time, it is sometimes
necessary to draft new legal agreements. These costs are $350 per transaction at a
minimum.
A flat fee of $350 for subordination requests for County financed affordable
single-family housing will assist in offsetting costs and allowing the Department to
maintain a balanced budget for affordable housing programs.
3. Fees Related to Refinancing and Issuance of Mortgage Credit Certificates for
Affordable Multi-Family and Single-Family Housing
Staff and legal costs for time in reviewing requests and for preparing and processing
documents related to refinancing and mortgage credit certificates can also be $5,000 or
more. The following fees will assist in covering these staff and legal costs:
Multi-Family Affordable
Housing Refinancing Fee $1,000 deposit plus time and materials
Single-Family Affordable
Housing Refinancing Fee $350
Mortgage Credit
Certificate Issuance $300
Re-Issuance of
Mortgage Credit Certificate $300
Replacement of Lost
Mortgage Credit Certificate or
Reissued Mortgage Credit
Certificate $100
Lender/Broker Mortgage
Credit Certificate Participation $400
Lender/Broker Mortgage
Credit Certificate Participation
Annual Fee $200
Montalvin Manor Planned-Unit District Fee Schedule and Amnesty Program
On June 16, 2009, the Board of Supervisors adopted the Montalvin Manor Planned-Unit
District rezoning. This action provides for a streamlined application process for many
types of development applications. The fees adopted by the Board for the Montalvin
Manor Planned-Unit Zoning District reflect the actual charges for staff time needed to
review administrative permits in this new zoning district. These fees are consistent with
the Bay Point, Rodeo and North Richmond Planned-Unit Zoning Districts. The deposits
for Land Use Permit and Development Plan applications for both of these areas cover the
standard processing costs. Time and Materials are charged to all applicants that exceed
the cost of the initial application fees and/or deposits.
At the same time as the adoption of the Montalvin Manor Fee Schedule, the Board also
adopted an Amnesty Program exempting certain structures within Montalvin Manor from
building permit fees through December 31, 2011. The exempt structures include: roof
conversions from flat to pitch; porch covers/roof extensions; second story additions; room
additions to the rear of the dwelling; carport conversions to garage or living space; garage
conversions to living space. All building codes and standards and health and safety
standards as well as the Montalvin Manor Planned Unit District requirement must be met.
Update Building Inspection Services Section of the Fee Schedule
The last update to the Building Inspection Services section of the Land Development Fee
Schedule was in 1997. Changes to both costs of doing business and to various building
valuation source information have occurred.
In 1997, building valuation data was published by the International Conference of
Building Officials (ICBO) in a monthly magazine. In the intervening years, the ICBO has
been replaced by the International Code Conference (ICC) and the building valuation
data is now published in the ICC’s monthly journal. The fee schedule needs to be
modified to allow for any future organizational changes but still retain use of the
internationally recognized data on building valuation. Additionally, the Fee Schedule
needs to be modified to reflect the consolidation of departments into the Department of
Conservation and Development.
Both hourly rates for staff and costs for vehicle trips to sites requiring code enforcement
inspections have changed since 1997. Modifications to the Fee Schedule increase the
vehicle trip charges for code enforcement from $25 per trip to $50 per trip. Also, the new
Fee Schedule eliminates the hourly rate listed for Additional Processing for Permit
Processing but provides for using the hourly rate in effect at the time the additional plan
check services are required.
CONSEQUENCE OF NEGATIVE ACTION:
The Land Development Fee Schedule will not reflect actions already taken by the Board
of Supervisors, and the fees charged will not cover the cost of the service.
CLERK'S ADDENDUM
ADOPTED the recommendations and Resolution No. 2009/559 as amended today to
exclude affordable housing restrictions on rental units.
ATTACHMENTS
Resolution No. 2009/559
3244_Exhibit_A