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Current Council Agenda and Past Meeting Information

CITY COUNCIL AGENDA ITEM NO. 25

Meeting Date: October 9, 2007

Subject/Title: An ordinance amending Title 16 of the Brentwood Municipal Code related to implementation of the East Contra Costa County Habitat Conservation Plan/ Natural Community Conservation Plan and a resolution amending the City’s 2007-2008 Cost Allocation Plan and Schedule of Fees establishing Habitat Conservation Fees

Prepared by: Winston Rhodes, Senior Planner

Submitted by: Howard Sword, Community Development Director

RECOMMENDATION
1. Introduce and waive the first reading of an ordinance adding Chapter 16.168 to Title 16 of the Brentwood Municipal Code to establish implementation procedures for the East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan.

2. Adopt a resolution amending the City’s 2007-2008 Cost Allocation Plan and Schedule of Fees to collect the applicable habitat conservation fees and fees necessary to recover the City’s expenses associated with administering the related Habitat Conservation Plan/ Natural Community Conservation Plan implementing ordinance.

PREVIOUS ACTION
On January 23, 2007, the City Council adopted Resolution No: 2007-18, adopting findings as a responsible agency related to the Final Environmental Impact Report for the Final East Contra Costa County Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP), approving the final East Contra Costa County HCP/NCCP, approving and authorizing execution of the implementation agreement and a joint exercise of powers agreement creating the East Contra Costa County Habitat Conservancy. The Council also appointed Councilmember Richey to represent the City on the East Contra Costa County Habitat Conservancy Board and appointed Councilmember Stonebarger as his alternate.

PROJECT DESCRIPTION
The approved HCP/NCCP establishes a streamlined review process for federal and State permits involving development impacts on protected species. The HCP/NCCP replaces the time-consuming case-by-case approach used by federal and State agencies to review project impacts and determine appropriate mitigation for certain covered biological resources. The HCP/NCCP provides member agencies (including the City) with endangered species permitting authority consistent with HCP/NCCP requirements within each of their own jurisdictions. The member agencies include the City of Brentwood, City of Clayton, City of Oakley, City of Pittsburg, and Contra Costa County. This new authority applies to public as well as private development projects. All member agencies will be considering similar fees and implementation processes in the coming weeks to ensure consistent rules and provide a “level playing field” under the HCP/NCCP regardless of where a project is proposed.

The approved HCP/NCCP implementation agreement and joint exercise of powers agreement creating the East Contra Costa County Habitat Conservancy were executed by the City on April 26, 2007. The City-approved HCP/NCCP was submitted to the U.S. Fish and Wildlife Service (USFWS) and the California Department of Fish & Game (CDFG) for review and approval earlier this year and was subsequently approved with permits issued by both agencies on August 6, 2007 the effective date of the HCP/NCCP implementation agreement. The executed implementation agreement requires the consideration of an HCP/NCCP implementing ordinance by the County and each participating city within 90 days from the effective date (August 6, 2007).

The attached implementation ordinance has been prepared to satisfy the City’s obligation under the implementation agreement and sets forth the process by which the City will review applications for covered activities under the HCP/NCCP and impose HCP/NCCP related conservation fees needed to help purchase and restore required habitat preservation areas. The attached fee resolution amends the City’s 2007/08 Cost Allocation Plan and schedule of fees to include HCP/NCCP habitat mitigation fees and recover related City expenses needed to administer the implementation ordinance including the review of biological survey information, fee determination, fee collection, accounting, and periodic disbursement of conservation fees to the East Contra Costa County Habitat Conservancy.

FISCAL IMPACT
No commitment of funding is required. The implementing ordinance establishes habitat conservation fees required by the previously approved HCP/NCCP and the executed implementation and joint exercise of powers agreements. Staff has calculated the cost to administer the implementing ordinance and is recommending an amendment to the City’s 2007-2008 Cost Allocation Plan and schedule of fees to include the habitat conservation fees and fees needed to recover applicable administrative expenses.

Attachments:
1. City Council HCP/NCCP Implementation Ordinance
2. City Council Cost Allocation Plan and Schedule of City Fees Amendment Resolution
3. Final HCP/NCCP (previously provided and available for review in the Community Development Department )
4. Final HCP and NCCP Environmental Impact Statement /Environmental Impact Report (previously provided and available for review in the Community Development Department)
5. Implementing Agreement for the East Contra Costa County HCP/NCCP (previously provided and available for review in the Community Development Department)


Attachment #1


CITY COUNCIL ORDINANCE

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD TO IMPLEMENT THE EAST CONTRA COSTA COUNTY HABITAT CONSERVATION PLAN / NATURAL COMMUNITY CONSERVATION PLAN BY ADDING CHAPTER 16.168 TO THE BRENTWOOD MUNICIPAL CODE.

WHEREAS, Goal 7 of the Conservation/Open Space Element of the City’s General Plan calls for the protection of natural resources within the City’s Planning Area; and

WHEREAS, Policy 7.2 of the Conservation/Open Space Element of the City’s General Plan calls for the preservation of vegetation and associated wildlife habitat in the City’s Planning Area; and

WHEREAS, on November 10, 1998 the City Council directed staff to work with other East Contra Costa County jurisdictions and State and federal agencies to explore creation of a Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP); and

WHEREAS, in June 2000, the East Contra Costa County Habitat Conservation Plan Association (HCPA) was formed to provide regional conservation and development guidelines to protect natural resources while improving and streamlining the permit process for endangered species and wetland regulations; and

WHEREAS, the HCPA includes the cities of Brentwood, Clayton, Oakley, and Pittsburg; Contra Costa Water District, East Bay Regional Park District, and Contra Costa County; and

WHEREAS, in October 2001, the HCPA began preparing a Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) for East Contra Costa County; and

WHEREAS, in June 2005, a Draft HCP/NCCP was released for public review and comment; and,

WHEREAS, in October 2006, a Final HCP/NCCP and Final Environmental Impact Report / Environmental Impact Statement (EIR/EIS) were released, copies of which are on file within the Brentwood Community Development Department at 104 Oak Street; and

WHEREAS, the main element of the proposed HCP/NCCP conservation strategy is the creation of a Preserve System that would preserve approximately 23,800 acres of species habitat land with the initial urban development area, or approximately 30,300 acres of species habitat land, under the maximum urban development area.

WHEREAS, the Final HCP/NCCP conservation measures address the landscape-level, community-level (or habitat), and species-level impacts, and include measures to address the following objectives: design of covered activities to avoid or minimize impacts on covered species and covered vegetation communities; preservation of covered vegetation communities; preservation of covered species populations and habitats; restoration of covered species habitat and vegetation communities to compensate for direct and indirect impacts on specific species and vegetation communities; restoration of species habitat to contribute to the recovery of listed covered species and help prevent the listing of non-listed covered species, and management of preserves to maximize the functions of habitats for covered species; and

WHEREAS, in addition to its primary role of protecting species and their habitats, the Preserve System would also support activities such as recreation, livestock grazing and, to a lesser degree, cultivated agriculture; and

WHEREAS, by developing and implementing a plan that addresses natural resource issues comprehensively and proactively, the City would increase its control over local land use issues and benefit species and project proponents alike; and

WHEREAS, on November 8, 2006, the HCPA Executive Governing Committee unanimously approved the final HCP/NCCP and the EIR/EIS as the lead agency and directed the HCPA staff to forward the documents to the plan participants for approval; and

WHEREAS, on January 23, 2007, the City Council adopted findings as a responsible agency related to the EIR for the HCP/NCCP and approved the East Contra Costa County HCP/NCCP, the implementing agreement and a Joint Exercise of Powers Agreement creating a conservancy to form the oversight agency for the Plan; and

WHEREAS, on August 6, 2007, both the U.S Fish and Wildlife Service and California Department of Fish and Game approved the HCP/NCCP and issued regional permits to the local plan participants;

WHEREAS, a public hearing to consider this Ordinance was noticed in accordance with State Law; and

WHEREAS, on October 9, 2007, the City Council held a public hearing on the proposed implementing ordinance for the HCP/NCCP; and

WHEREAS, the City Council has reviewed and given consideration to all written material and oral testimony presented before and during the hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council (“Council”) finds as follows:

A. There is a need to establish a comprehensive framework to protect and conserve species, wetlands, natural communities and ecosystems in East Contra Costa County, while improving and streamlining the environmental permitting process for impacts of future development on rare, threatened and endangered species.

B. To meet the need identified in Section 1-A, the City of Brentwood (“City”) participated as a member of the East Contra Costa County Habitat Conservation Planning Agency, a joint exercise of powers agency, to develop the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (“HCP/NCCP”) and the Implementing Agreement.

C. The HCP/NCCP, implemented in accordance with the Implementing Agreement, will: provide comprehensive species, wetlands, and ecosystem conservation and contribute to the recovery of endangered species within East Contra Costa County; balance open space, habitat, and urban development; reduce the cost and increase the clarity and consistency of federal and state permitting; consolidate and streamline these processes into one, locally controlled plan; encourage, where appropriate, multiple uses of protected areas; share the costs and benefits of the HCP/NCCP as widely and equitably as possible; and protect the rights of private property owners.

D. Adoption and implementation of this Ordinance will enable the City to promote the health, safety and welfare of all of its residents by helping to achieve the conservation goals set forth in the HCP/NCCP, to implement the associated Implementing Agreement, and to preserve the ability of affected property owners to make reasonable use of their land consistent with the requirements of the National Environmental Policy Act, the California Environmental Quality Act, the Federal Endangered Species Act, the California Endangered Species Act, the California Natural Community Conservation Planning Act, and other applicable laws.

E. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the use of the HCP/NCCP implementation fees authorized by this Ordinance and the type of development projects subject to the fees. The Development Fee will be used to implement the HCP/NCCP by funding the acquisition of land, the enhancement and management of habitat and the other activities to mitigate for impacts to open space, habitat and covered species caused by affected Development Projects. The Wetland Mitigation Fee will be used to implement the HCP/NCCP by funding the restoration, creation and management Jurisdictional Wetlands and Waters and riparian woodland/scrub and other actions in order to mitigate for impacts to Jurisdictional Wetlands and Waters and riparian areas caused by affected Development Projects. The HCP/NCCP implementation fees will not apply to all types of development projects, but only those that impact open space, habitat suitable for one or more covered species, Jurisdictional Wetlands and Waters or riparian areas. In this way, the HCP/NCCP implementation fees will be used only for purposes reasonably related to the types of development projects that will be subject to the fees.

F. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the need for the public activities and facilities including land acquisition, management, restoration, and habitat creation and enhancement to be funded by the HCP/NCCP implementation fees and the type of development projects on which the fees are imposed in that the need for the activities and the facilities arise from the very development projects to which the fees will apply, i.e. development projects of all types that disturb open space, habitat, Jurisdictional Wetlands and Waters or riparian areas.

G. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the amount of the HCP/NCCP implementation fees authorized by this Ordinance and the cost of the public facilities or portion of the public facilities attributable to the development projects on which the fees will be imposed. The costs of the public facilities needed to mitigate cumulative impacts from development projects subject to the fees were estimated by projecting the extent of future development impacts, calculating the open space or habitat acreage to be acquired, managed, enhanced, restored and created to offset these impacts and estimating the overall costs of acquiring and preserving this acreage for the 30-year term of the state and federal permits. The fees were then calculated based on these costs as follows:

1. The method of calculating the Development Fee amount for individual Affected Development Projects reflects the cost of the public facilities attributable to individual Affected Development Projects based on:

a. Area of the Affected Development Project, as the cost of acquiring sufficient open space or habitat land to mitigate for the impacts of a particular development project is directly proportional to the acreage of that project; and

b. Location of the Affected Development Project, as the need for the public facilities varies in proportion to the intrinsic habitat or open space value of the land impacted by the project. Thus, fees are tiered so that the highest fee amounts are imposed in Development Fee Zone II, deemed to have the highest intrinsic value per acre. A fee equal to 50 percent of the highest fee amount is imposed in Development Fee Zone I, deemed to have substantial but lower intrinsic value per acre, and a fee equal to 25 percent of the highest fee amount is required in Development Fee Zone III, deemed to have the lowest intrinsic value per acre.

2. The method of calculating the Wetland Mitigation Fee amount for individual Affected Development Projects reflects the cost of the public facilities attributable to those individual Affected Development Projects based on:

a. Type of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be impacted by the Affected Development Project, as the type of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be restored or created must effectively replace the type being impacted by the particular project. The cost of restoring or creating Jurisdictional Wetlands and Waters and riparian woodland/scrub depends on (1) the specific construction tasks necessary to restore or create these areas and (2) the different mitigation ratios applicable to the restoration or creation of various types of Jurisdictional Wetlands and Waters and riparian woodland/scrub, such ratios having been established in the HCP/NCCP to require relatively more restoration or creation of those types of Jurisdictional Wetlands and Waters and riparian woodland/scrub that have a higher habitat value and function for covered species and/or are more difficult to restore or create, and therefore must be restored or created in larger amounts to offset the anticipated failure of a portion of the acreage restored or created; and

b. Area of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be impacted by the Affected Development Project, as the cost of restoring or creating Jurisdictional Wetlands and Waters and riparian woodland/scrub is directly proportional to the acreage being restored or created, which in turn is directly proportional to the acreage being impacted by the project.

H. The Final Environmental Impact Report (EIR) for the HCP/NCCP project was prepared in compliance with Public Resources Code Section 21000 et seq., and the State California Environmental Quality Act (CEQA) Guidelines Section 15000 et seq. All impacts associated with this project have been analyzed in the EIR prepared for this project, and the Council has independently reviewed and considered the information contained therein, and adopted findings as a responsible agency related to the EIR for the HCP/NCCP prior to making its decision on this implementing ordinance. No substantial changes have occurred to the circumstances under which that EIR was certified and no new information, which was not known and could not have been known at the time that the EIR was certified as complete, has become available relating to the environmental effects of this project. Therefore, the Program EIR for the HCP/NCCP is adequate for the approval relating to this Ordinance.

I. Future individual development projects subject to this Ordinance will require separate project-specific CEQA review.

SECTION 2. Title 16 of the Brentwood Municipal Code is hereby amended to add a new Chapter 16.168 to read as follows:

“Chapter 16.168
HABITAT CONSERVATION PLAN (HCP)/ NATURAL COMMUNITY CONSERVATION PLAN (NCCP) IMPLEMENTATION ORDINANCE

Sections:
16.168.010 Purpose.
16.168.020 Definitions.
16.168.030 Applicability
16.168.040 Responsibility for Administration
16.168.050 HCP/NCCP Take Authorization Application Procedures
16.168.060 Requirements for Affected Development Projects
16.168.070 HCP/NCCP Implementation Fees
16.168.080 Land and Other Options In Lieu of Fee
16.168.090 Enforcement

16.168.010 Purpose.

The purpose of this chapter is to implement the East Contra Costa County Habitat HCP/NCCP and help establish a comprehensive framework to protect and conserve species, wetlands, natural communities and ecosystems in East Contra Costa County, while improving and streamlining the environmental permitting process for impacts of future development on rare, threatened and endangered species.

16.168.020 Definitions.

The following terms shall have the meaning set forth herein:

“Affected development project” means all development projects within the City’s land use jurisdiction except for the development projects listed in Section 16.168.030 below.

“Covered species” means those species of plants and animals whose conservation and management are provided for by the HCP/NCCP for which limited take is authorized pursuant to the state and federal permits.

“Development fee” means the fee described in Chapter 9.3.1 of the HCP/NCCP and imposed on development projects pursuant to Section 16.168.070 of this chapter.

“Development fee zones” means the three areas depicted as Zones I, II and III on the map attached hereto as Exhibit A and in the detailed map data gathered as part of the HCP/NCCP used to create Exhibit A, both of which are incorporated herein by reference and are on file with the Community Development Department.

“Development project” means any project undertaken for the purpose of development, including a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate.

“Director” means the Director of the Community Development Department or his/her designee.

“HCP/NCCP” means the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan, approved by the City Council on January 23, 2007, as may be revised from time to time and on file with the Community Development Department.

“HCP/NCCP implementation fees” means the Development Fee and the Wetland Mitigation Fee.

“Implementing Agreement” means the January 22, 2007 Implementing Agreement for the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan by and between East Contra Costa County Habitat Conservancy, County of Contra Costa, City of Pittsburg, City of Clayton, City of Oakley, City of Brentwood, Contra Costa County Flood Control and Water Conservation District, East Bay Regional Park District, United States Fish and Wildlife Service, and California Department of Fish and Game.

“Implementing entity” means the East Contra Costa County Habitat Conservancy, a joint exercise of powers agency formed by Contra Costa County and the cities of Brentwood, Clayton, Oakley and Pittsburg to oversee the implementation of the HCP/NCCP.

“Jurisdictional wetlands and waters” means State and federally regulated wetlands and other water bodies that cannot be filled or altered without permits from the U.S. Army Corps of Engineers under section 404 of the Clean Water Act (33 U.S.C. § 1251 et seq.), from the State Water Resources Control Board under either section 401 of the Clean Water Act or the Porter-Cologne Water Quality Act (California Water Code, § 13000 et seq.), or from the California Department of Fish and Game under section 1602 of the California Fish and Game Code, as further explained in Chapter 1.3.5 of the HCP/NCCP.

“Project applicant” means a property owner, or duly designated agent of the property owner, who has submitted to the City a request for approval of a development project on the property.

“Public facilities” includes public improvements, public services and community amenities.

“State and federal permits” means the permit issued by the California Department of Fish and Game to the County and other local agencies on August 6, 2007 authorizing take of covered species pursuant to the HCP/NCCP and the Natural Community Conservation Planning Act (permit number 2835-2007-01-03) and the permit issued by the United States Fish and Wildlife Service to the County and other local agencies on July 25, 2007 authorizing incidental take of covered species pursuant to the HCP/NCCP and the federal Endangered Species Act (permit number TE160958-0), as those documents may be amended from time to time.

“Take” includes the definitions provided by the federal Endangered Species Act of 1973, as amended (16 U.S.C. § 1531 et seq.) (“FESA”) and its implementing regulations with regard to activities subject to that Act, the California Fish and Game Code with regard to activities subject to the California Endangered Species Act (Fish & G. Code, § 2050 et seq.) and the Natural Community Conservation Planning Act (Fish & G. Code, § 2800 et seq.). Specifically , take is defined in FESA to mean “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct” (16 U.S.C. § 1532(18))and in the Fish and Game Code section 86 as “to hunt, pursue, catch, capture, or kill pursuant to the California Endangered Species Act.”

“Urban Development Area” or “UDA” means the areas designated for urban development that are either (1) within the area designated as the “Initial Urban Development Area” as generally depicted on Figure 2.3 of the HCP/NCCP, incorporated herein by reference, or (2) areas added to or removed from the Initial Urban Development Area according to the procedures set forth in Section 3.50 of the Implementing Agreement.

“Wetland Mitigation Fee” means the fee described in Chapter 9.3.1 of the HCP/NCCP and imposed on development projects pursuant to Section 16.168.060 B of this ordinance.

16.168.030 Applicability

A. This chapter shall apply to all development projects, within the City’s land use jurisdiction and within the UDA as the boundaries of these areas may change pursuant to the law or this chapter, except for the following:

1. Any development project that will permanently disturb less than one acre. The “acreage of land permanently disturbed” by a project, as that term is defined in Chapter 9.3.1 of the HCP/NCCP, shall be determined by the Director.

2. Any development project that the Director determines is contained entirely within an area mapped as urban, turf, landfill and/or aqueduct land cover types in the HCP/NCCP, as generally depicted on Exhibit A and in the map data used to create Exhibit A.

3. Any development project of a type not covered by the HCP/NCCP within the Urban Development Area, as set forth in Chapter 2.3.1 of the HCP/NCCP.

4. Any development project with vested rights pursuant to an agreement by and between the project applicant and the City existing as of the effective date of this chapter.

5. Any development project exempt under any provision of law.

6. Any development project where the City determines based on evidence submitted by the project applicant that application of the ordinance would deprive the project applicant of all reasonable economic use of the property in violation of federal or state constitutional prohibitions against the taking of property without just compensation.

B. This chapter establishes application procedures whereby project applicants of affected development projects may receive authorization for the incidental take of certain covered species listed as threatened or endangered under state and federal law and identified in the HCP/NCCP, subject to the applicant’s compliance with all terms and conditions required by the HCP/NCCP, the Implementing Agreement, and this chapter.

16.168.040 Responsibility for Administration.

The Director shall administer and apply the provisions of this chapter for the City.

16.168.050 HCP/NCCP Take Authorization Application Procedures.

A. The City shall require project applicants for any and all affected development projects to submit an application for take authorization to the Director for review simultaneously with the submittal of the request for approval of a development project. The Director may require that the application be submitted using a standard application form. At a minimum, the application for take authorization must include the following information to be determined complete:

1. Description of the affected development project, including detailed information on the project footprint, extent of construction and extent of any ongoing maintenance activities subject to the HCP/NCCP.

2. One or more reports documenting the methods and results of planning surveys and the methods of applicable preconstruction surveys and construction monitoring, in accordance with Chapter 6 of the HCP/NCCP.

3. Evidence of compliance or planned compliance with avoidance and minimization measures, in accordance with Chapter 6 of the HCP/NCCP.

4. Quantification of anticipated direct and indirect impacts on land cover types and habitat for species covered by the HCP/NCCP, consistent with Chapters 6.2 and 9.3.1 of the HCP/NCCP.

5. Estimate of HCP/NCCP implementation fees due and/or documentation of proposed land dedication and/or proposed habitat restoration or creation, consistent with Section 16.168.070 of this chapter.

6. HCP/NCCP application administration fee.

B. The City may grant take authorization to a project applicant only upon satisfaction of all of the following:

1. The application for take authorization is deemed complete.

2. The project applicant has been required to comply with all terms and conditions of the Implementing Agreement, the HCP/NCCP, and the state and federal permits that apply to the project. Such terms and conditions include but are not limited to the following:

a. Payment of the required HCP/NCCP implementation fees and/or approval of an offer of land dedication and/or habitat restoration or creation by the City, pursuant to the requirements of Section 16.168.070 of this ordinance.

b. Compliance with all relevant surveys, monitoring, avoidance, minimization, and conservation measures determined by the Director to apply to this project, pursuant to Chapter 6 of the HCP/NCCP.

3. The City makes a determination that extension of take authorization is consistent with the HCP/NCCP, Implementing Agreement, the state and federal permits and all applicable federal, state and local laws and regulations.

C. The Director shall review HCP/NCCP take authorization applications for completeness and verify that the appropriate HCP/NCCP implementation fee amount, where applicable, has been collected prior to site disturbance or the issuance of the first construction permit.

16.168.060 Requirements for Affected Development Projects.

To help fund the acquisition, management and monitoring of lands for the benefit of covered species, natural communities, biological diversity, ecosystem function , and all other implementation and administration requirements of the HCP/NCCP by the Implementing Entity, the City shall condition the approval of any and all affected development projects, pursuant to Section 16.168.030 above, upon the collection of the applicable Development Fee and, if applicable, Wetland Mitigation Fee, unless an alternative described in Section 16.168.080 is approved or required.

16.168.070 HCP/NCCP Implementation Fees.
A. Development Fee.

1. The development fee shall be imposed upon and collected for each acre of land permanently disturbed.

2. The Director shall determine in which of the three development fee zones the affected development project is located, pursuant to Exhibit A and the map data used to create Exhibit A.

3. The development fee for each affected development project shall be calculated by multiplying the fee for the applicable development fee zone by the acreage of land permanently disturbed by the project, as determined by the Director pursuant to Chapter 9.3.1 of the HCP/NCCP. The development fee amount shall be based on the fee established by City Council fee resolution in place at the time of actual payment of development fee to the City.

4. Upon or before the issuance of a grading permit or, if no grading permit is issued, upon or before issuance of the first construction permit, the project applicant shall either (1) pay the entire development fee or, (2) with the prior written approval of the City, pay at least 67 percent of the development fee and execute an agreement with the City, in a form approved by the City Attorney, to provide additional funding payments through assessments on the subject parcels or other mechanisms, provided that assessments or other funding mechanisms are legally authorized for this purpose, pursuant to the requirements of Chapter 9.3.1 of the HCP/NCCP.

5. The development fee amount applicable to an affected development project shall be the development fee amount in effect at the time a grading permit is issued or, if no grading permit is issued, at the time the first construction permit is issued for the project. Notwithstanding the foregoing, a project applicant may request to pay the development fee in a calendar year prior to the calendar year in which the grading permit or first construction permit is issued. Such request may be granted by the Director only in accordance with Section 13.2.2.1 of the Implementing Agreement and Chapter 9.3.1 of the HCP/NCCP. If such request is granted, the applicable development fee shall be the development fee in effect during the calendar year in which the fee is to be paid, including any adjustments made pursuant to this chapter.

B. Wetland Mitigation Fee.

1. In addition to a Development Fee, a Wetland mitigation fee shall be imposed upon and collected from any and all affected development projects that will fill, dredge, or remove jurisdictional wetlands and waters or riparian woodland or scrub, and from any and all affected development projects that have been granted an exception to the stream setback established pursuant to Conservation Measure 1.7 of the HCP/NCCP.

2. The Director shall determine which of the land cover types will be impacted by an affected development project and the corresponding fee amounts in accordance in accordance with Chapter 9.3.1 of the HCP/NCCP and the Wetland mitigation fee amount established by City Council fee resolution. The Wetland mitigation fee applicable to an affected development project that has been granted an exception to the stream setback shall be determined by the Director, based on the acreage of setback encroachment, in accordance with Chapter 9.3.1 of the HCP/NCCP and the Wetland mitigation fee amount established by City Council fee resolution.

3. Upon or before the issuance of a grading permit or, if no grading permit is issued, upon or before issuance of the first construction permit, the project applicant shall pay the Wetland mitigation fee determined for the Affected Development Project. The Wetland mitigation fee amount applicable to an affected development project shall be the Wetland mitigation fee amount in effect at the time a grading permit is issued or, if no grading permit is issued, at the time the first construction permit issued for the project. Notwithstanding the foregoing, a project applicant may request to pay the Wetland mitigation fee in a calendar year prior to the calendar year in which the grading permit or first construction permit is issued. Such request may be granted by the Director only in accordance with Section 13.2.2.1 of the Implementing Agreement and Chapter 9.3.1 of the HCP/NCCP. If such request is granted, the applicable Wetland mitigation fee shall be the Wetland mitigation fee in effect during the calendar year in which the fee is to be paid, including any adjustments made pursuant to this chapter.

C. The Development fee and Wetland mitigation fee shall each be adjusted automatically for inflation or deflation in accordance with the requirements of the HCP/NCCP and City Council fee resolution. All Development fees and Wetland mitigation fees collected hereunder’ shall be transmitted to the County Auditor-Controller or a successor accounting entity established by the Governing Board of the East Contra Costa County Habitat Conservancy at least quarterly, within thirty (30) days of the end of the quarter within which the fee was collected, for deposit into a separate account or fund, and for investment, accounting and expenditure in accordance with the provisions of the Mitigation Fee Act.

D. Administration Fee.

1. Each HCP/NCCP application shall be charged an HCP/NCCP Administration fee to review each application request and collect and process the applicable Development Fee and Wetland mitigation fees. Payment of the HCP/NCCP Administration fee shall be required at the time of HCP/NCCP application submittal. The amount of the HCP/NCCP Administration Fee shall be established by City Council fee resolution.

2. All HCP/NCCP implementation fees collected shall be transmitted to the City Finance Director and dispersed to the HCP/NCCP Conservancy at least quarterly in accordance with the provisions of this chapter and the California Mitigation Fee Act.

16.168.080 Land and Other Options In Lieu of Fee.

A. Dedications.

1. On a case-by-case basis, and upon a voluntary offer by the project applicant, the City may accept a dedication of land in lieu of some or all of the Development fee that would otherwise be imposed upon a development project. Any offer of dedication may be considered for acceptance only if the land dedication is considered by the Director to be consistent with the HCP/NCCP and Implementing Agreement. The Director shall determine the amount of the Development Fee for which such dedication would substitute in accordance with Section 13.2.2.2 of the Implementing Agreement and Chapters 8.6.7 and 9.3.1 of the HCP/NCCP.

2. If required to comply with the Stay Ahead provision set forth in Section 8.6.1 of the HCP/NCCP and Section 9.2 of the Implementation Agreement, the City may require that some or all Affected Development Projects offer a dedication of land in lieu of some or all of the development Fee that would otherwise be imposed.

B. Creation /Restoration of Habitat.

On a case-by-case basis, and upon a voluntary offer by the project applicant, the City may accept the restoration or creation of Jurisdictional wetlands and waters of riparian woodland/scrub in lieu of some or all of the Wetland mitigation fee that would otherwise be imposed on an affected development project. The offer of restoration or creation of Jurisdictional wetlands and waters or riparian woodland/scrub in lieu of some or all of a portion of the Wetland mitigation fee may be considered for acceptance only if such restoration or creation is determined by the Director to be consistent with the HCP/NCCP and Implementing Agreement. The Director shall determine the amount of Wetland mitigation fee for which such restoration or creation would substitute in accordance with Conservation Measure 2.1 and 2.2 and Chapter 9.3.1 of the HCP/NCCP.

C. Separate Take Authorization

On a case-by-case basis, an applicant that possesses separate and final approval from the United States Fish and Wildlife Service and/or California Department of Fish and Game for incidental take of all federally or state listed species that may be adversely affected by the development project may apply to the City to pay a fee, the amount to be negotiated by the project applicant with the City, to support the conservation of habitat and open space under the HCP/NCCP instead of the HCP/NCCP implementation fees. If the Director determines that the mitigation and conservation requirements under the separate approval are equivalent to or exceed what would be required under this ordinance, then the City may determine that no further fees are required for purposes of complying with the HCP/NCCP, in which case the HCP/NCCP implementation fees described herein shall not be required of the project.

16.168.090 Enforcement.

A. The City shall be authorized to enforce the provisions of this Chapter by civil, criminal, and/or administrative action and/or any other proceeding or method permitted by law.

B. Failure of any official or agency to fulfill the requirements of this Chapter shall not excuse any applicant from the requirements of this Chapter.”

SECTION 3. If any part of this Ordinance is for any reason held to be invalid for any reason, such decision shall not affect the validity of the remaining portion of this Ordinance, and the Council hereby declares that it would have adopted each provision of this Ordinance irrespective of the validity of any other provision.

SECTION 4. The City Clerk will certify to the passage of this Ordinance by the City Council of the City of Brentwood, California, and cause the same to be published once in the Brentwood Press, a newspaper of general circulation, published and circulated in the City of Brentwood, and it will take effect thirty (30) days following its adoption or January 15, 2008 whichever is latest. Further, the City Clerk is directed to cause Section 2 of this Ordinance to be entered in the City of Brentwood Municipal Code including Exhibit A attached hereto and incorporated by reference.

THE FOREGOING ORDINANCE was introduced with the first reading waived at a regular meeting of the Brentwood City Council on the 9th day of October 2007, by the following vote:


EXHIBIT A TO CITY COUNCIL ORDINANCE4
Development Fee Zones in the Brentwood Area

Attachment #2


RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ADOPTING BRENTWOOD HABITAT CONSERVATION FEES NECESSARY TO IMPLEMENT THE EAST CONTRA COSTA COUNTY HABITAT CONSERVATION PLAN / NATURAL COMMUNITY CONSERVATION PLAN AND AMENDING THE 2007/2008 COST ALLOCATION PLAN AND SCHEDULE OF CITY FEES.

WHEREAS, the City Council has adopted ordinances and resolutions establishing and revising fees required to be paid by sponsors of new development; and

WHEREAS; Government Code Sections 65104, 65909.5, 66014, and 66451.2 allow the City to establish fees to offset the City’s administrative costs in processing permits, licenses, subdivision maps and other entitlements; and

WHEREAS, Brentwood Municipal Code Chapter 16.168, provides for the payment of Habitat Conservation Plan / Natural Community Conservation Plan (HCP/NCCP) implementation fees and an administrative fee to review required applications and collect required fees; and

WHEREAS, Goal 7 of the Conservation/Open Space Element of the City’s General Plan calls for the protection of natural resources within the City’s Planning Area; and

WHEREAS, Policy 7.2 of the Conservation/Open Space Element of the City’s General Plan calls for the preservation of vegetation and associated wildlife habitat in the City’s Planning Area; and

WHEREAS, in October 2006, a Final East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) and Final Environmental Impact Report/Environmental Impact Statement (EIR/EIS) was released and copies of which are on file within the Brentwood Community Development Department at 104 Oak Street; and

WHEREAS, the main element of the proposed HCP/NCCP conservation strategy is the creation of a Preserve System that would preserve approximately 23,800 acres of species habitat land with the initial urban development area, or approximately 30,300 acres of species habitat land under the maximum urban development area.

WHEREAS, the proposed HCP/NCCP conservation measures address the landscape-level, community-level (or habitat), and species-level impacts, and includes measures to address the following objectives: design of covered activities to avoid or minimize impacts on covered species and covered vegetation communities; preservation of covered vegetation communities; preservation of covered species populations and habitats; restoration of covered species habitat and vegetation communities to compensate for direct and indirect impacts on specific species and vegetation communities; restoration of species habitat to contribute to the recovery of listed covered species and help prevent the listing of non-listed covered species, and management of preserves to maximize the functions of habitats for covered species; and

WHEREAS, by developing a plan that addresses natural resource issues comprehensively and proactively, the City would increase its control over local land use issues and benefit species and project proponents alike; and

WHEREAS, on November 8, 2006, the HCP Executive Governing Committee unanimously approved the final HCP/NCCP and the EIR/EIS as the lead agency and directed the HCPA staff to forward the documents to the plan participants for approval; and

WHEREAS, the final HCP/NCCP included a comprehensive analysis of the cost to implement the HCP/NCCP including program administration, land acquisition, habitat restoration/creation, preserve management; and environmental compliance; and

WHEREAS, the City has prepared an analysis of the costs to review applications and collect applicable HCCP/NCCP fees required by Chapter 16.168; and

WHEREAS, the fees established herein are adopted and implemented by the Council in reliance on the comprehensive studies that have been prepared for the HCP/NCCP and by the City; and

WHEREAS, on January 23, 2007, the City Council approved the HCP/NCCP, the implementing agreement and a Joint Exercise of Powers Agreement creating a conservancy to form the oversight agency for the Plan; and

WHEREAS, on August 6, 2007, both the U.S Fish and Wildlife Service and California Department of Fish and Game approved the HCP/NCCP and issued regional permits to the local plan participants; and

WHEREAS, a public hearing has been noticed in accordance with State Law; and

WHEREAS, on October 9, 2007, the City Council held a public hearing on the proposed implementing ordinance and the adoption of related fees for the implementation of the HCP/NCCP; and

WHEREAS, the City Council has reviewed and given consideration to all written material and oral testimony presented before and during the hearing.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BRENTWOOD DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Findings:

The Council makes each of the following findings:

A. The purpose of the habitat conservation mitigation fees to help fund the HCP/NCCP conservation strategy, mitigate the impacts development on covered species and contribute to the recovery of these species in the plan area.

B. The habitat conservation mitigation fees help implement Goal 7 and Policy 7.2 of the Conservation/Open Space Element of the General Plan.

C. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the use of the HCP/NCCP implementation fees authorized by this Ordinance and the type of development projects subject to the fees. The fees established herein are adopted and implemented by the Council in reliance on the comprehensive studies that have been prepared for the HCP/NCCP and by the City. The Development Fee will be used to implement the HCP/NCCP by funding the acquisition of land, the enhancement and management of habitat and the other activities to mitigate for impacts to open space, habitat and covered species caused by affected Development Projects. The Wetland mitigation fee will be used to implement the HCP/NCCP by funding the restoration, creation and management Jurisdictional Wetlands and Waters and riparian woodland/scrub and other actions in order to mitigate for impacts to Jurisdictional Wetlands and Waters and riparian areas caused by affected Development Projects. The HCP/NCCP implementation fees will not apply to all types of development projects, but only those that impact open space, habitat suitable for one or more covered species, Jurisdictional Wetlands and Waters or riparian areas. In this way, the HCP/NCCP implementation fees will be used only for purposes reasonably related to the types of development projects that will be subject to the fees.

D. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the need for the public activities and facilities including land acquisition, management, restoration, and habitat creation and enhancement to be funded by the HCP/NCCP implementation fees and the type of development projects on which the fees are imposed in that the need for the activities and the facilities arise from the very development projects to which the fees will apply, i.e. development projects of all types that disturb open space, habitat, Jurisdictional Wetlands and Waters or riparian areas.

E. Based on the HCP/NCCP and the data and analyses referenced therein, there is a reasonable relationship between the amount of the HCP/NCCP implementation fees authorized by Chapter 16.168 of the Brentwood Municipal Code and established in this resolution and the cost of the public facilities or portion of the public facilities attributable to the development projects on which the fees will be imposed. The costs of the public facilities needed to mitigate cumulative impacts from development projects subject to the fees were estimated by projecting the extent of future development impacts, calculating the open space or habitat acreage to be acquired, managed, enhanced, restored and created to offset these impacts and estimating the overall costs of acquiring and preserving this acreage for the 30-year term of the state and federal permits. The fees were then calculated based on these costs as follows:

1. The method of calculating the Development Fee amount for individual Affected Development Projects reflects the cost of the public facilities attributable to individual Affected Development Projects based on:

a. Area of the Affected Development Project, as the cost of acquiring sufficient open space or habitat land to mitigate for the impacts of a particular development project is directly proportional to the acreage of that project; and

b. Location of the Affected Development Project, as the need for the public facilities varies in proportion to the intrinsic habitat or open space value of the land impacted by the project. Thus, fees are tiered so that the highest fee amounts are imposed in Development Fee Zone II, deemed to have the highest intrinsic value per acre. A fee equal to 50 percent of the highest fee amount is imposed in Development Fee Zone I, deemed to have substantial but lower intrinsic value per acre, and a fee equal to 25 percent of the highest fee amount is required in Development Fee Zone III, deemed to have the lowest intrinsic value per acre.

2. The method of calculating the Wetland Mitigation Fee amount for individual Affected Development Projects reflects the cost of the public facilities attributable to those individual Affected Development Projects based on:

a. Type of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be impacted by the Affected Development Project, as the type of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be restored or created must effectively replace the type being impacted by the particular project. The cost of restoring or creating Jurisdictional Wetlands and Waters and riparian woodland/scrub depends on (1) the specific construction tasks necessary to restore or create these areas and (2) the different mitigation ratios applicable to the restoration or creation of various types of Jurisdictional Wetlands and Waters and riparian woodland/scrub, such ratios having been established in the HCP/NCCP to require relatively more restoration or creation of those types of Jurisdictional Wetlands and Waters and riparian woodland/scrub that have a higher habitat value and function for covered species and/or are more difficult to restore or create, and therefore must be restored or created in larger amounts to offset the anticipated failure of a portion of the acreage restored or created; and

b. Area of Jurisdictional Wetlands and Waters and riparian woodland/scrub to be impacted by the Affected Development Project, as the cost of restoring or creating Jurisdictional Wetlands and Waters and riparian woodland/scrub is directly proportional to the acreage being restored or created, which in turn is directly proportional to the acreage being impacted by the project.

F. The Final Environmental Impact Report (EIR) for the HCP/NCCP project was prepared in compliance with Public Resources Code Section 21000 et seq., and the State California Environmental Quality Act (CEQA) Guidelines Section 15000 et seq. All impacts associated with this project have been analyzed in the EIR prepared for this project, and the Council has independently reviewed and considered the information contained therein, and adopted findings as a responsible agency related to the EIR for the HCP/NCCP prior to making its decision on this resolution. No substantial changes have occurred to the circumstances under which that EIR was certified and no new information, which was not known and could not have been known at the time that the EIR was certified as complete, has become available relating to the environmental effects of this project. Therefore, the Program EIR for the HCP/NCCP is adequate for the approval relating to this resolution.

G. Future individual affected development projects subject to this resolution will require separate project-specific CEQA review.

H. After considering the final HCP/NCCP, City staff reports and the testimony received during a public hearing, the Council approves and adopts said report, and incorporates such herein.

I. The HCP/NCCP, staff reports and the testimony establish:

1. That there is a reasonable relationship between the fee’s use and the type of development on which the fee is imposed; and

2. That there is a reasonable relationship between the amount of the fees and the cost of purchasing habitat to protect species covered under the HCP/NCCP within the Brentwood Planning Area; and

Section 2. Definitions:

For purposes of this Resolution, the terms defined in Chapter 16.168 of the Brentwood Municipal Code are incorporated by reference herein.

Section 3. Fees Imposed:

A. Chapter 16.168 of the Brentwood Municipal Code sets forth the requirements for certain development projects to pay the applicable HCP/NCCP implementation fees. The amounts of which are set forth herein.

B. Development Fee.

1. The Development Fee shall be based on each acre of land permanently disturbed and is set as follows:

Location of Affected Development Project Development Fee
Development Fee Zone I $12,457 per acre
Development Fee Zone II $24,914 per acre
Development Fee Zone III $6,229 per acre

2. The Development Fee Zones are set forth in Exhibit A.

C. Wetland Mitigation Fee

1. The Wetland Mitigation Fee is set forth in Exhibit B.

D. The Development Fee and Wetland Mitigation Fee shall on March 15 of each year be automatically adjusted as follows:

1. The Development Fee shall be adjusted as provided in Exhibit C and based on the formula in Exhibit D, as explained in Chapter 9.3.1 of the HCP/NCCP. As shown in Exhibit C and Exhibit D, both of which are incorporated herein by reference, one portion of the Development Fee amounts in effect before March 15 of each year shall be increased or decreased by the same percentage as the percentage of increase or decrease in the Office of Federal Housing Enterprise Oversight Annual Home Price Index for the Oakland-Fremont-Hayward, California Metropolitan Division for the 12-month period ending December 31. The remaining portion of the Development Fee amounts shall be increased or decreased by the same percentage as the percentage of increase or decrease in the Consumer Price Index for the San Francisco-Oakland-San Jose Combined Statistical Area (U.S. Bureau of Labor Statistics) for the 12-month period ending December 31.

2. The Wetland Mitigation Fee shall be adjusted as provided in Exhibit C. As shown in Exhibit C, the Wetland Mitigation Fee amounts in effect before March 15 of each year shall be increased or decreased by the same percentage as the percentage of increase or decrease in the Consumer Price Index for the San Francisco-Oakland-San Jose Combined Statistical Area (U.S. Bureau of Labor Statistics) for the 12-month period ending December 31.

E. Administration Fee

1. As of the Effective Date of this Resolution, the Administration Fee for HCP/NCCP incidental take authorization applications is $1,168 as described in Exhibit E.

2. On July 1 of each year, the Administration Fee shall be automatically adjusted by an amount equal to the percentage of increase or decrease in the Consumer Price Index for this region, as last computed before the July 1 date.

3. The Administration Fee may also be adjusted if the City updates or modifies the Cost Allocation Plan and conducts a public hearing to implement a new or revised fee or fees based upon such update or modification.

4. The Administration Fee shall be determined on the basis of the fee schedule in effect at the time the application is submitted to the City for review. The fee shall be payable in full at the time the application is submitted.

5. The adoption of this Resolution does not affect the ability of the City to request an agreement between the project applicant and the City to pay extraordinary processing costs and establish deposit accounts.

6. The Community Development Director shall require establishment of deposit account rather than payment of the flat fee described in Exhibit E for review of complex HCP/NCCP incidental take authorization applications involving the payment of wetland mitigation fees, dedication of land in lieu of some or all the Development Fee, and project sites of 10 acres or more in size . The initial deposit amount shall be $3,000.

Section 4. Effective Date of Fee:

The fee provided in this Resolution shall be effective on January 15, 2008 or at least sixty (60) days after the adoption of this Resolution whichever is later. The effective date of this Resolution shall be concurrent with the effective date of the HCP/NCCP Implementing Ordinance.

Section 5. Severability:

All portions of this Resolution are severable. Should any provision of this Resolution be judged to be invalid and unenforceable, the remaining provisions shall be and continue to be fully effective, and the fees shall be fully effective except as to the portion that has been judged to be invalid.

Section 6. Cost Allocation Plan Amendment:

The City of Brentwood 2007/2008 Cost Allocation Plan and Schedule of Fee is hereby amended to add the HCP/NCCP Implementation Fees and administration fees adopted by this resolution.

PASSED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on October 9, 2007 by the following vote:

EXHIBIT A TO CITY COUNCIL RESOLUTION
Development Fee Zones in the Brentwood Area


EXHIBIT B
Wetland Mitigation Fee and Acreage Determination Methods
(Adapted from Table 9-5 of the HCP/NCCP to reflect the fee amounts applicable after March 2007)

Land Cover Type Fee per unit of Impact1 Required Compensation Ratio for Restoration/
Creation1 Method for Determining Fee Boundary
Riparian woodland/scrub $60,004/acre 1:1 Limit of tree or shrub canopy (drip line)
Perennial wetlands $82,111/acre 1:1 Jurisdictional wetland boundary of state or federal government2, whichever is greater
Seasonal wetland $177,908/acre 2:1 Same as above
Alkali wetland $168,433/acre 2:1 Same as above
Ponds $89,480/acre 1:1 Jurisdictional waters boundary of state or federal government2, whichever is greater
Aquatic (open water) $45,266/acre 1:1 Wetted area during normal rainfall year or jurisdictional waters boundary, whichever is greater
Slough/channel $102,113/acre 1:1 Area of impact within banks
Streams
Streams 25 feet wide or less $489/linear foot 1:1 Stream length measured along stream centerline. Stream width measured between top of bank.
Streams greater than 25 feet wide3 $737/linear foot 1:1 Stream length measured along stream centerline. Stream width measured between top of bank.
1 See Appendix G for calculation of fee by wetland type. Wetland fee takes required compensation ratio into account.
2 Using methods for determining state and federal jurisdictional wetlands and waters at the time of HCP/NCCP approval.
3 Impact fee for wider streams is 1.5 times the base stream fee to account for higher construction costs on wider streams.



EXHIBIT C

Fee Adjustment Indices
(Adapted from Table 9-7 of the HCP/NCCP to reflect the fee adjustment procedures applicable after March 2007)


Fee Annual Adjustment Index1 Average Annual Rate (1991–2001)
Example
Development Fee
Portion for Land Acquisition2 (60.5 % initially3) Change in the annual Home Price Index (HPI) for the Oakland-Fremont-Hayward, CA Metropolitan Division (MSAD) for the prior calendar year (Office of Federal Housing Enterprise Oversight)4 5.19%
Portion for Preserve System Operation, Restoration, and Maintenance (39.5% initially3) Change in the Consumer Price Index for the San Francisco-Oakland-San Jose Combined Statistical Area for all urban consumers for the prior calendar year (U.S. Bureau of Labor Statistics)5 3.25%
Wetland Mitigation Fee Change in the Consumer Price Index for the San Francisco-Oakland-San Jose Combined Statistical Area for all urban consumers for the prior calendar year (U.S. Bureau of Labor Statistics)5 3.25%
Notes:
1 HCP/NCCP fees to be adjusted automatically by March 15 of every year based on the indices for the prior calendar year. See Appendix G of the HCP/NCCP for more details on methodology and sources.
2 Direct land acquisition costs only. Excludes costs associated with land transaction, site improvements, and due diligence (e.g., pre-acquisition surveys).
3 The portion of the Development Fee that will be adjusted according to the HPI and CPI will vary over time. For the first annual automatic adjustment, 60.5% of the initial fees will be adjusted according to the HPI and 39.5% will be adjusted according to the CPI. The apportionment in subsequent years will depend on the relative values of the indices, in accordance with the formula provided in Exhibit E.
4 See http://www.ofheo.gov/HPI.asp. Data for the prior calendar year are published in March. To calculate automatic adjustments, the change in the HPI for the prior calendar year will be used.
5 Consumer Price Index, All Items, with base data year of 1982-1984 (i.e., 1982-1984 = 100), for all urban consumers (CPI-U), not seasonally adjusted. See http://www.bls.gov/eag/eag.ca_sanfrancisco_msa.htm



EXHIBIT D

Automatic Development Fee Increase Formula

Feen = [[Ln-1 * (HPIn-1/HPIn-2)] + [(Sn-1 * (CPIn-1/CPIn-2)] ] * Z

Where:

n= year of HCP/NCCP Implementation [year 1 (n=1) is 2007, the calendar year in which the HCP/NCCP implementation ordinance and accompanying fee resolution was adopted; year 2 (n = 2) is 2008; etc. Year 0 (n=0) is 2006.]

Feen = Development Fee for year n (the Development Fee for year n applies from March 15 of year n through March 14 of the following year)

Fee1 = $24,914 for Zone II, $12,457 for Zone I, and $6,229 for Zone III

Ln-1 = Land acquisition portion of development fee for the year prior to year n

L1 = 60.5% of $24,914 = $15,073

HPIn-1 = Home Price Index (HPI) for the Oakland-Fremont-Hayward, CA Metropolitan Division (MSAD) at the end of the calendar year prior to year n as published by the Office of Federal Housing Enterprise Oversight

Sn-1 = Non-land acquisition portion of development fee for the year prior to year n

S1 = 39.5% of $24,914 = $9,841

CPIn-1 = Consumer Price Index for the San Francisco-Oakland-San Jose Combined Statistical Area for all urban consumers at the end of the calendar year prior to year n as published by U.S. Bureau of Labor Statistics

Z = Fee zone factor (based on which fee zone the project is in (see Figure 9-1 in the HCP)). The fee zone factors for the three zones are as follows:

Z =1 for Zone II, the Natural Lands Zone;
Z=0.5 for Zone I, the agricultural lands zone;
Z=0.25 for Zone III, the infill zone

EXHIBIT E

HCP/NCCP Implementation Administrative Costs



Task
Staff Position Assigned to
Perform Task
Hourly Billing Rate Hours
Required To Perform
Task

Administrative Cost

1. Initial completeness review of project take authorization application information
Associate Planner
$129.77
0.5
$64.89


2. Review of biological survey information

Associate Planner

$129.77

2.0

$259.54

3. Evaluation of site conditions and preparation of applicable avoidance or impact minimization measures and HCP/NCCP-related conditions of project approval.

Associate Planner


$129.77

3.0

$389.31

4. Determination of applicable fee and/or land dedication requirements. Associate Planner
Principal Planner $129.77

$160.53 0.5

0.5 $64.89

$80.27

5. Verification that avoidance and minimization measures have been followed and monitor HCP/NCCP-related conditions of project approval.
Associate Planner

$129.77

1.0

$129.77


6. Fee collection and/or verification of land dedication prior to grading permit or before site disturbing activities.
Public Works Technical Assistant II

$118.13
0.5
$59.07

7. Record receipt of funds, account monitoring, and process disbursements of funds to East Contra Costa County Conservancy
Accountant II
Accounting Manager
$105.73
$135.32
0.5
0.5
$52.87
$67.66

TOTAL $1,168*

*Note: The administrative fee total has been rounded to the nearest dollar.
 

 

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