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HomeMy WebLinkAbout06. Request from San Ramon Valley Fire DepartmentCentral Contra Costa Sanitary District BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: APRIL 7, 2016 Subject: OP. CONSIDER A REQUEST FROM SAN RAMON VALLEY FIRE DEPARTMENT TO TRANSFER CAPACITY FEE CREDITS TO A PARCEL AT 2100 STONE VALLEY ROAD IN ALAMO (APN 193-130-025) Submitted By: Initiating Dept./Div.: Thomas Brightbill, Senior Engineer Engineering & Technical Services / Planning & Development Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: D. Gemmell — Planning & Development Division Manager JM. Petit — Director of Engineering & Technical Services Kent Alm Roger S. Bailey Counsel for the District General Manager ISSUE: District Code allows that capacity fee credits may be transferred to a different parcel under specific conditions and with the approval of the Board of Directors. BACKGROUND: On October 15, 2015, San Ramon Valley Fire Department (SRVFD) submitted plans for a new fire station which is to be located at 2100 Stone Valley Road in Alamo. Engineering Department staff reviewed the plans and determined that the new facility represented 2.9 Residential Unit Equivalents (RUEs) based on a special study which reviewed other fire stations in the area. The new parcel previously contained one single family home for which capacity fees were paid so the net capacity fee owed was 1.9 RUEs or $11,409.50. SRVFD submitted a written request that capacity fee credit from the old parcel at 1101 Stone Valley Road be transferred to the new parcel under the provisions of Section 6.12.060 D, Relocated Business Credit. The old parcel is zoned for residential use and is approximately two-thirds of an acre which is similar to other parcels in the vicinity. SRVFD has indicated that they intend to sell the parcel. District Code Section 6.12.060 D provides a Relocated Business Credit which states: As stated in this chapter, capacity fees run with the parcel and are typically not transferable among parcels. Nonetheless, the Board may at its discretion permit a property owner or holder of a leasehold estate to transfer previously paid capacity fee payments from one property to another (i.e., receive a capacity fee credit) when a business is relocated within the District. The Board shall consider any relocated business credit request on a case-by-case basis and may review all relevant factors, including but not limited to condemnation by another public agency or changes in land use. Requests shall be made at or before the time of the payment of capacity fees for the relocation parcels. All approved relocated business credits shall be in a written agreement between the District and all C:1Users\CGranzella\AppData\LocallMicrosoft\Windows\Temporary Internet Files\Content.Outlook\YTOD71 EQ14-7-16 Position Paper SRVFD Cap Fee Xfer.doc Page 1 of 2 POSITION PAPER Board Meeting Date: APRIL 7, 2016 Subject: CONSIDER A REQUEST FROM SAN RAMON VALLEY FIRE DEPARTMENT TO TRANSFER CAPACITY FEE CREDITS TO A PARCEL AT 2100 STONE VALLEY ROAD IN ALAMO (APN 193-130-025) parties with an interest in the original parcel (i.e., the parcel from which the transfer is sought), including but not limited to fee simple property owners, lien holders, and lease holders. The provisions of this subsection shall have no retroactive effect and are unavailable for any credit request submitted before the effective date of this section. This subsection does not create any vested right to transfer capacity fees and shall only be available to address unusual or unforeseen circumstances where the imposition of a second capacity fee for the same business would effectively result in a duplicate charge for the use of essentially the same capacity. Furthermore, this subsection shall not in any way create a right to engage in a general commodity or exchange market in capacity credits between different businesses, entities or persons. ALTERNATIVES/CONSIDERATIONS: The Board of Directors could deny the request to transfer of capacity credits to the new parcel. FINANCIAL IMPACTS: If the request to transfer capacity fee credit is approved, the District would not receive $11,409.50 in capacity fees. COMMITTEE RECOMMENDATION: This matter was reviewed by the Finance Committee at their March 28 meeting. RECOMMENDED BOARD ACTION: Consider the request by SRVFD to transfer capacity fees. Attached Su000rtina Document(s): 1. February 2, 2016 letter from Chief Christina Kiefer, San Ramon Fire Department C:1Users\CGranzellalAppDatalLocal\Microsoft\Windows\Temporary Internet FileslContent.Outlook\YTOD71EQ14-7-16 Position Paper SRVFD Cap Fee Xfer.doc Page 2 of 2 February 2, 2016 ATTACHMENT 1 San Ramon Valley Fire Protection District 1500 Bollinger Canyon Road, San Ramon, CA 94583 Phone (925) 838-6600 1 Fax (925) 838-6629 www.firedepartment.org 1 info@firedepartment.org Central Contra Costa Sanitation District Tad J. Pilecki, Board President 5019 Imhoff Place Martinez, CA 94553 RE: Relocated Business Credit President Pilecki and Board Members, The San Ramon Valley Fire Protection District is currently constructing a fire station at 2100 Stone Valley Road, Alamo to replace an existing fire station located at 1101 Stone Valley Road, Alamo. The Capacity Fee for this project has been determined, by CCCSD, to be $11,409.50. The Fire District would like to request that your Board permit a transfer of previously paid capacity fees to be applied to the current Capacity Fee charge based on the criteria outlined in CCCSD Municipal Code Section 6.12.070 D., Relocated Business Credit. The Fire District believes the new fire station should qualify for the credit as it is being constructed in near proximity to the fire station being replaced and that, "the imposition of a second capacity fee for the same business would effectively result in a duplicate charge for the use of essentially the same capacity." Any subsequent use on the vacated property at 1101 Stone Valley Road would be responsible for the applicable capacity fee at that time. We appreciate your consideration of our request for the Relocated Business Credit. If there is any additional information you need to review our request, please do not hesitate to contact me at 925-838-6600. Sin Chri ina Kiefer, %'vision C