Orinda and Lafayette should charge more fees to developers

Orinda and Lafayette are making resident taxpayers foot the bills for expenses that the cities could require developers to reimburse them for. 

    First, cities can charge impact fees to developers to maintain existing levels of service, if development would reduce the level of service.  Orinda and Lafayette currently charge development impact fees for transportation, drainage and parks. But neither charges a fee to maintain their current levels of police services, although Moraga does charge an impact fee for public safety (police).  Obviously, the recent rezonings, and other rezoning actions under consideration, will significantly increase the population of Orinda and Lafayette. The increase could be as much as 33%, which will obviously reduce the level of police services.  The development impact fee cannot cover the cost of salaries, but can include capital items such as vehicles and equipment.

    Each city would first have to order a nexus study, which would determine the applicable maximum amount.  Yet neither city is proceeding in that direction. Incredibly, the Orinda City Council on December 16, 2025, rejected my request that it ask staff to prepare a report and place on a future agenda whether Orinda should adopt a public safety development impact fee.

    Second, each city paid hundreds of thousands of dollars to consultants, and devoted a significant staff time, for preparation of the state mandated Housing Element, and for the Environmental Impact Report for same required by the California Environmental Quality Act. Under the California constitution, where as here there is a state mandated program, reimbursement of the cost can be obtained from the state unless a fee can be charged.  The Commission on State Mandates determined that “the cities and counties have fee authority statutes to cover the cost of the Regional Housing Needs program.”  Regional Housing Needs Determination, 04-RL-3759-02, 04-RL-3760-03 and 04-RL-3916-04 Test Claim SOD (Adopted March 30, 2005)  

    Orinda and Lafayette should impose fees on developers for the added public safety capital costs caused by new developments, and for the cost of the cities’ housing elements and EIRs.

Nick Waranoff
Orinda