Zone 7 Flood Protection and Storm Water Drainage Development Impact Fee

“The purpose of this Ordinance is to adopt updated development impact fees and a related development impact fee report to address new developments' proportionate share of costs to implement flood protection and storm water drainage elements of Zone 7's Stream Management Master Plan and in doing so, to provide for the means to fund and finance adequate public infrastructure, improvements and facilities made necessary by the impacts created by new development in the Zone 7 Service Area comprised of the Cities of Dublin, Pleasanton, Livermore and unincorporated Eastern Alameda County.”

“A Flood Protection and Storm Water Drainage Development Impact Fee ("Fee") is hereby established to be levied upon any new Development Project located within the Zone 7 Service Area. The Fee shall be used to pay costs associated with the planning, design, lands and rights-of-way acquisition, environmental review, permitting, construction and installation costs, fees and expenses of and for Drainage Projects.”

“Zone 7 Service Area" means the area comprised of the Cities of Dublin, Pleasanton, Livermore and unincorporated areas of eastern Alameda County and as described in the Development Impact Fee Report.”

2009-03-18

“Adopted by the Board of Directors of the Alameda County Flood Control & Water Conservation District, Zone 7 on the 18 Day of March, 2009 by the following called vote: AYES: DIRECTORS FIGUERS, GRECI, KALTHOFF, PALMER, QUIGLEY, STEVENS NOES: NONE ABSENT: DIRECTOR MYERS EXCUSED: NONE”

Ordinance No. 2009-01

“Adopted by the Board of Directors of the Alameda County Flood Control & Water Conservation District, Zone 7 on the 18 Day of March, 2009 by the following called vote: AYES: DIRECTORS FIGUERS, GRECI, KALTHOFF, PALMER, QUIGLEY, STEVENS NOES: NONE ABSENT: DIRECTOR MYERS EXCUSED: NONE”

at building permit

“A. Unless otherwise set forth herein, the Fee for all Development Projects shall be due and payable at the time of issuance of Building Permit.”

the city or county building department with jurisdiction — for this parcel, the City of Dublin

“Fees provided for herein shall be collected by the General Manager or the city or county building department with jurisdiction.”

“No fee shall be collected under the following circumstances: A. For any building, structure, or improvement installed or constructed in substantially the same location and surface area as a previously existing building, structure or improvement when such new building, structure, or improvement is being reconstructed, constructed or installed as replacement for the previously existing building, structure or improvement provided that the amount of Impervious Surface area in the before and after condition is the same or less.”

“When a Developer who is required to pay the Development Impact Fee under this Ordinance constructs a Drainage Project identified in the SMMP and dedicates and conveys the completed improvement to Zone 7, a credit for the corresponding Fee may be granted by Zone 7. Zone 7 will on a case-by-case basis, negotiate a separate Credit Agreement with the Developer and any such credit shall be offset, on a proportionate basis, without interest, the corresponding Fee to be paid pursuant to this Ordinance. Any fee credits granted by Zone 7 pursuant to a Credit Agreement shall be an obligation of Zone 7 that runs with the subject Development Project land and inures to the benefit of each successor in interest of the original landowner until full credit has been received. A development impact fee credit cannot be assigned or transferred by an owner or Developer.”

“On March 17, 2010, the Zone 7 Board of Directors adopted Ordinance No. 2010-01 to amend the Flood Protection and Storm Water Drainage Development Impact Fee Schedule ("Schedule"). In approving the Schedule, Zone 7 approved an escalating Development Impact Fee with graduated increases to take effect on January 1st of each year from 2011 through 2012. (See Ordinance No. 2010-01, Appendix A)”