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Home My WebLink About09.a. Consider request from San Ramon Valley Fire Protection District to transfer capacity fee credits in Alamo Central • Q• Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: April 7, 2016 Subject: CONSIDER A REQUEST FROM SAN RAMON VALLEY FIRE PROTECTION DISTRICT 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 Svcs Division Mgr. .a L• JM. Petit—Director of Engineering &Technical Services Kent Alm Roger S. Bailey Counsel for the Distri t General Manager ISSUE: District Code allows that capacity fee credits may be transfer're 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 Protection District (SRVFPD) 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. SRVFPD 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 agricultural use with neighboring parcels zoned for residential use. The parcel is approximately two- thirds of an acre which is similar to other parcels in the vicinity. Contra Costa County Conservation and Development staff indicated that the parcel size does not meet criteria for A-2 (Agriculture) zoning and that future use would most likely be for single family residential. SRVFPD 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 C:\Users\danderson\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\IM9F5ZMU\4-7-16 Position Paper SRVFPD Cap Fee Xfer.docx Page 1 of 2 POSITION PAPER Board Meeting Date: April 7, 2016 subject: CONSIDER A REQUEST FROM SAN RAMON VALLEY FIRE PROTECTION DISTRICT TO TRANSFER CAPACITY FEE CREDITS TO A PARCEL AT 2100 STONE VALLEY ROAD IN ALAMO (APN 193-130-025) 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 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. Transfer of 1.9 RUEs of Capacity Fee credit from the existing fire station parcel would leave 1.0 RUEs of credit on the parcel. As the most likely future use for this parcel is the construction of a single family home, a 1 RUE Capacity Fee entitlement would allow this to occur without payment of any additional capacity fees. 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 refund $11,409.50 in capacity fees already paid by SRVFPD. COMMITTEE RECOMMENDATION: This matter was reviewed by the Finance Committee at their March 28 meeting. Based on the facts and circumstances of this particular request, the Committee recommended that the Board of Directors grant the request to transfer 1.9 RUEs of excess capacity fees from the parcel at 1101 Stone Valley Road to the new parcel at 2100 Stone Valley Road. This will result in a refund of $11,409.50 to SRVFPD, and will leave 2.9 RUEs for the new parcel at 2100 Stone Valley Road, and 1.0 RUE for the parcel at 1101 Stone Valley Road. RECOMMENDED BOARD ACTION: Consider the request by SRVFPD to transfer capacity fees and the Finance Committee recommendation, and take one of the following actions: C:\Users\danderson\Desktop\4-7-16 Position Paper SRVFPD Cap Fee Xfer.docx Page 2 of 3 POSITION PAPER Board Meeting Date: April 7, 2016 subject: CONSIDER A REQUEST FROM SAN RAMON VALLEY FIRE PROTECTION DISTRICT TO TRANSFER CAPACITY FEE CREDITS TO A PARCEL AT 2100 STONE VALLEY ROAD IN ALAMO (APN 193-130-025) 1. Approve the request to transfer capacity fees, authorize the General Manager to draft and execute a written agreement, and refund the $11,409.50 excess capacity fees to SRVFPD, 2. Deny the request, or 3. Provide direction to staff. Attached Supporting Document(s): 1. February 2, 2016 letter from Chief Christina Kiefer, San Ramon Fire Department 2. Screenshot from Contra Costa County GIS showing parcel locations and zoning. C:\Users\danderson\Desktop\4-7-16 Position Paper SRVFPD Cap Fee Xfer.docx Page 3 of 3 Attachment 1 1 San Ramon Valley Fire Protection District 1500 Bollinger Canyon Road, San Ramon, CA 94583 Phone (925) 838-6600 1 Fax (925) 838-6629 �er.i9�Z www.firedepartment.org I info@firedepartment.org February 2, 2016 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 Wiision Chn Attachment 2 Screenshot from Contra Costa County GIS Showing SRVFPD Parcels and Zoning + steel Valley MIMI S°emet b �nda(5- LR40R� N n — yditcn 3 R-20 lav y m e i 9 9 V m _o -Abington IA �� an(` 'Ow 9p MegC[ yL Ct 4' Qo ar\� I li Stone Va11eY Rd - - -r� fRYJ2 •f Litaosf,,Ct ArJ-9 Q li: I -20 S R-40 R-65 R-40 ire R-40 A-2 A'2 1'ebtrre0, New Fire Station 2100 Stone Valley Road Existing Fire Station 1101 Stone Valley Road Screenshot from http://gismap.ccmap.us/imf/imf.jsp?site=ccmap Retrieved 3/28/2016