HomeMy WebLinkAbout09. Public hearing to adopt ordinance and amend an existing ordinance to comply with Senate Bill 229 regarding Accessory Dwelling Unit (ADU) Capacity FeesPage 1 of 26
Item 9.
' CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 16, 2017
SUBJECT: CONDUCT PUBLIC HEARING TO CONSIDER THE FOLLOWING TO
COMPLYWITH SENATE BILL229 REGARDING ACCESSORY DWELLING
UNIT (ADU) CAPACITY FEES:
• ADOPTING PROPOSED ORDINANCE NO. 299 AMENDING DISTRICT
CODE CHAPTER 6.12 REGARDING RESIDENTIAL CAPACITY FEES,
EFFECTIVE JANUARY 1, 2018
• AMENDING EXHIBITATO ORDINANCE NO. 296, "SCHEDULE OF
CAPACITY FEES, RATES AND CHARGES," ORIGINALLYADOPTED
JUNE 1, 2017, EFFECTIVE JANUARY 1, 2018
SUBMITTED BY:
THOMAS BRIGHTBILL, SENIOR ENGINEER
INITIATING DEPARTMENT:
ENGINEERING AND TECHNICAL SERVICES -
PDS -RATES AND FEES
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN -MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A public hearing is required prior to the Board of Directors considering changes to District Code and
amendments to an ordinance.
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BACKGROUND
On October 8, 2017, Governor Brown signed Senate Bill 229 which extended certain requirements for
wastewater capacity fees to special districts like Central San. Staff has identified that certain changes to
District Code Chapter 6.12 and Exhibit A to Ordinance No. 296 (the Schedule of Capacity Fees, Rates,
and Charges) are needed to conform to the new legislation.
Senate Bill 229 (SB 229)
In 2016, the California State Legislature approved legislation setting forth certain requirements for ADUs.
The legislation included provisions addressing building permits, parking, and a number of other factors.
The legislation also contained certain restrictions for water and wastewater capacity fees. The 2016
legislation was restricted to cities and counties, and therefore did not apply to special districts like Central
San.
In February 2017, SB 229 was introduced. It extended the provisions of the 2016 ADU legislation to
special districts. The bill was signed into law on October 8, 2017, and will take effect on January 1, 2018.
A full copy of SB 229 is included as Attachment 1.
SB 229 Capacity Fee Requirements
Several criteria forADUs, including a maximum size of 1,200 square feet, were set by the 2016 legislation
and extended to special districts by SB 229.
Effective January 1, 2018, state law will prohibit the collection of water and wastewater capacity fees for
the ADUs "contained within the existing space of a single-family residence or accessory structure."
Effective January 1, 2018, state law will restrict the collection of water and wastewater capacity fees for
newADUs (i.e. not "contained within the existing space") to being "proportionate to the burden of the
proposed accessory dwelling unit, based upon either its size or the number of plumbing fixtures." No
further guidance is given as to the specifics of the proportionality.
ALTERNATIVES/CONSIDERATIONS
Capacity Fee Units of Measure
Given the choice between proportionality based on ADU size or proportionality based on ADU fixture
count, a proportionality based on size is preferable, since square footage is Central San's current method
of calculating non-residential capacity fees and fixture counts are not currently used.
Size -based Proportionality
Staff reviewed several variants of sized -based proportionality. A review of Contra Costa County
Assessor's data shows that the average size of a single family home within the Central San District
Boundary is 2,352 square feet (SF). One possible size -based approach would be to use a proportional
unit of measure based on 2,352 SF equal to 1.0 Residential Unit Equivalent (RUE). As an example, a
600 SF ADU would pay proportionate capacity fee of 0.255 RUEs (600 SF divided by 2,352 SF equals
0.255). Such a method would use actual data from Central San and would be in line with the stated intent of
the ADU legislation of significantly reducing capacity fees. Residential accessory structures that do not meet
the SB 229 criteria will continue to be charged a capacity fee equal to one multi -family unit (0.847 RUE).
Other Alternatives and Considerations
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The Board of Directors could find that fixture count should be used for proportionality instead of size, but
this not recommended.
The Board of Directors could find that some other variation of size -based proportionality is preferred, but
this not recommended.
FINANCIAL IMPACTS
The financial impact will be affected by a number of variables including the number of AD Us, the mix of
waived versus proportionate fees, and the Capacity Fee for any given year. Assuming 70 AD Us per year
and two-thirds falling into the "waived" category, the approximate loss in revenue to the Sewer
Construction Fund would be approximately $340,000.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board committee.
RECOMMENDED BOARD ACTION
Conduct public hearing and:
Adopt Ordinance No. 299 (codified) amending District Code Chapter 6.12 regarding Residential
Capacity Fees, and
Amend Exhibit Ato Ordinance No. 296, "Schedule of Capacity Fees, Rates and Charges," originally
adopted June 1, 2017.
ATTACHMENTS:
1. SB 229 text
2. District Code section 6.12.040 in strikeout
3. Proposed Ordinance No. 299 to revise District Code section 6.12.040
4. Ordinance No. 296 - Schedule of Capacity Fees, Rates and Charges (including Exhibit A) in strikeout
November 16, 2017 Regular Board Meeting Agenda Packet - Page 45 of 115
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I� STATEOFCALIFOR.NIA
L' AUTHENTICATED
BUR- ELECTRONIC LEGAL MATERIAL
Senate Bill No. 229
CHAPTER 594
An act to amend Section 65852.2 of the Government Code, relating to
land use.
[Approved by Governor October 8, 2017. Filed with
Secretary of State October 8, 2017.]
LEGISLATIVE COUNSEL'S DIGEST
SB 229, Wieckowski. Accessory dwelling units.
(1) The Planning and Zoning Law authorizes the legislative body of a
city or county to regulate, among other things, the intensity of land use, and
also authorizes a local agency to provide by ordinance for the creation of
accessory dwelling units in single-family and multifamily residential zones,
as specified. Existing law requires the ordinance to designate areas within
the jurisdiction of the local agency where these units may be permitted,
impose specified standards on these units, provide that accessory dwelling
units do not exceed allowable density and are a residential use, as specified,
and require these units to comply with specified conditions, including a
requirement that the unit is not intended for sale separate from the primary
residence and may be rented. Existing law establishes the maximum
standards that local agencies are required to use to evaluate a proposed
accessory dwelling unit on a lot zoned for residential use that contains an
existing single-family dwelling.
This bill instead would authorize a local agency to provide by ordinance
for the creation of accessory dwelling units in areas zoned to allow
single-family or multifamily use. The bill would authorize the ordinance to
prohibit the sale or other conveyance of the unit separate from the primary
residence. The bill would extend the use of the maximum standards to a
proposed accessory dwelling unit on a lot zoned for residential use that
includes a proposed single-family dwelling.
(2) Existing law authorizes the location of required replacement parking
spaces in any configuration on an accessory dwelling unit lot when a garage,
carport, or covered parking structure is demolished in conjunction with the
construction of an accessory dwelling unit.
This bill would extend this authorization to when the garage, carport, or
covered parking structure is converted to an accessory dwelling unit. The
bill would also define tandem parking for these purposes.
(3) Existing law prohibits an accessory dwelling unit from being
considered a new residential use for the purposes of calculating local agency
connection fees or capacity charges for utilities, including water and sewer
service. Existing law prohibits, for an accessory dwelling unit constructed
in an existing space, a local agency from requiring the applicant to install
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Ch. 594 —2
a new or separate utility connection directly between the accessory dwelling
unit and the utility and from imposing a related connection fee or capacity
charge.
This bill would extend the applicability of both of the above prohibitions
to special districts and water corporations.
(4) Existing law requires a local agency that has adopted an ordinance
authorizing the creation of accessory dwelling units to submit a copy of the
ordinance to the Department of Housing and Community Development
within 60 days of adoption of the ordinance.
This bill would authorize the department to review and comment on an
ordinance submitted to the department pursuant to these provisions.
(5) This bill would incorporate additional changes to Section 65852.2 of
the Government Code proposed by AB 494 to be operative only if this bill
and AB 494 are enacted and this bill is enacted last.
(6) By increasing the duties of local officials with respect to land use
regulations, this bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local agencies
and school districts for certain costs mandated by the state. Statutory
provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for
a specified reason.
The people of the State of California do enact as follows:
SECTION 1. Section 65852.2 of the Government Code is amended to
read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in areas zoned to allow single-family
or multifamily use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria that may include, but are not limited to, the adequacy
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
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Ch. 594
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit may be rented separate from the primary residence, but may
not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes
a proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached to or located within
the living area of the proposed or existing primary dwelling or detached
from the proposed or existing primary dwelling and located on the same lot
as the proposed or existing primary dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit, and a setback of no more than five feet from
the side and rear lot lines shall be required for an accessory dwelling unit
that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom. These spaces may be provided
as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions, or that it is not permitted anywhere else in the jurisdiction.
(III) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit, or
converted to an accessory dwelling unit, and the local agency requires that
those offstreet parking spaces be replaced, the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
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Ch. 594 —4
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes, provisions, or requirements for those units, except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units, unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner -occupant or that the property be used for rentals of terms longer
than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives its first
application on or after July 1, 1983, for a permit to create an accessory
dwelling unit pursuant to this subdivision, the local agency shall accept the
application and approve or disapprove the application ministerially without
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5— Ch. 594
discretionary review pursuant to subdivision (a) within 120 days after
receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does
not permit at least an efficiency unit to be constructed in compliance with
local development standards. Accessory dwelling units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with Section
66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency,
special district, or water corporation to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local
agency, special district, or water corporation shall not require the applicant
to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e), a local agency, special district, or water corporation may require a new
or separate utility connection directly between the accessory dwelling unit
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Ch. 594 —6
and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size
or the number of its plumbing fixtures, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. The department may review
and comment on this submitted ordinance.
(i) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit" means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
(5) "Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking" means that two or more automobiles are parked
on a driveway or in any other location on a lot, lined up behind one another.
0) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 1.5. Section 65852.2 of the Government Code is amended to read:
65852.2. (a) (1) A local agency may, by ordinance, provide for the
creation of accessory dwelling units in areas zoned to allow single-family
or multifamily use. The ordinance shall do all of the following:
(A) Designate areas within the jurisdiction of the local agency where
accessory dwelling units may be permitted. The designation of areas may
be based on criteria that may include, but are not limited to, the adequacy
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7— Ch. 594
of water and sewer services and the impact of accessory dwelling units on
traffic flow and public safety.
(B) (i) Impose standards on accessory dwelling units that include, but
are not limited to, parking, height, setback, lot coverage, landscape,
architectural review, maximum size of a unit, and standards that prevent
adverse impacts on any real property that is listed in the California Register
of Historic Places.
(ii) Notwithstanding clause (i), a local agency may reduce or eliminate
parking requirements for any accessory dwelling unit located within its
jurisdiction.
(C) Provide that accessory dwelling units do not exceed the allowable
density for the lot upon which the accessory dwelling unit is located, and
that accessory dwelling units are a residential use that is consistent with the
existing general plan and zoning designation for the lot.
(D) Require the accessory dwelling units to comply with all of the
following:
(i) The unit may be rented separate from the primary residence, buy may
not be sold or otherwise conveyed separate from the primary residence.
(ii) The lot is zoned to allow single-family or multifamily use and includes
a proposed or existing single-family dwelling.
(iii) The accessory dwelling unit is either attached or located within the
living area of the proposed or existing primary dwelling or detached from
the proposed or existing primary dwelling and located on the same lot as
the proposed or existing primary dwelling.
(iv) The total area of floorspace of an attached accessory dwelling unit
shall not exceed 50 percent of the proposed or existing primary dwelling
living area or 1,200 square feet.
(v) The total area of floorspace for a detached accessory dwelling unit
shall not exceed 1,200 square feet.
(vi) No passageway shall be required in conjunction with the construction
of an accessory dwelling unit.
(vii) No setback shall be required for an existing garage that is converted
to an accessory dwelling unit or to a portion of an accessory dwelling unit,
and a setback of no more than five feet from the side and rear lot lines shall
be required for an accessory dwelling unit that is constructed above a garage.
(viii) Local building code requirements that apply to detached dwellings,
as appropriate.
(ix) Approval by the local health officer where a private sewage disposal
system is being used, if required.
(x) (I) Parking requirements for accessory dwelling units shall not exceed
one parking space per unit or per bedroom, whichever is less. These spaces
may be provided as tandem parking on a driveway.
(II) Offstreet parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific
findings are made that parking in setback areas or tandem parking is not
feasible based upon specific site or regional topographical or fire and life
safety conditions.
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Ch. 594 —8
(I11) This clause shall not apply to a unit that is described in subdivision
(d).
(xi) When a garage, carport, or covered parking structure is demolished
in conjunction with the construction of an accessory dwelling unit or
converted to an accessory dwelling unit, and the local agency requires that
those offstreet parking spaces be replaced, the replacement spaces may be
located in any configuration on the same lot as the accessory dwelling unit,
including, but not limited to, as covered spaces, uncovered spaces, or tandem
spaces, or by the use of mechanical automobile parking lifts. This clause
shall not apply to a unit that is described in subdivision (d).
(2) The ordinance shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(3) When a local agency receives its first application on or after July 1,
2003, for a permit pursuant to this subdivision, the application shall be
considered ministerially without discretionary review or a hearing,
notwithstanding Section 65901 or 65906 or any local ordinance regulating
the issuance of variances or special use permits, within 120 days after
receiving the application. A local agency may charge a fee to reimburse it
for costs that it incurs as a result of amendments to this paragraph enacted
during the 2001-02 Regular Session of the Legislature, including the costs
of adopting or amending any ordinance that provides for the creation of an
accessory dwelling unit.
(4) An existing ordinance governing the creation of an accessory dwelling
unit by a local agency or an accessory dwelling ordinance adopted by a
local agency subsequent to the effective date of the act adding this paragraph
shall provide an approval process that includes only ministerial provisions
for the approval of accessory dwelling units and shall not include any
discretionary processes, provisions, or requirements for those units, except
as otherwise provided in this subdivision. In the event that a local agency
has an existing accessory dwelling unit ordinance that fails to meet the
requirements of this subdivision, that ordinance shall be null and void upon
the effective date of the act adding this paragraph and that agency shall
thereafter apply the standards established in this subdivision for the approval
of accessory dwelling units, unless and until the agency adopts an ordinance
that complies with this section.
(5) No other local ordinance, policy, or regulation shall be the basis for
the denial of a building permit or a use permit under this subdivision.
(6) This subdivision establishes the maximum standards that local
agencies shall use to evaluate a proposed accessory dwelling unit on a lot
zoned for residential use that includes a proposed or existing single-family
dwelling. No additional standards, other than those provided in this
subdivision, shall be utilized or imposed, except that a local agency may
require an applicant for a permit issued pursuant to this subdivision to be
an owner -occupant or that the property be used for rentals of terms longer
than 30 days.
(7) A local agency may amend its zoning ordinance or general plan to
incorporate the policies, procedures, or other provisions applicable to the
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9— Ch. 594
creation of an accessory dwelling unit if these provisions are consistent with
the limitations of this subdivision.
(8) An accessory dwelling unit that conforms to this subdivision shall
be deemed to be an accessory use or an accessory building and shall not be
considered to exceed the allowable density for the lot upon which it is
located, and shall be deemed to be a residential use that is consistent with
the existing general plan and zoning designations for the lot. The accessory
dwelling unit shall not be considered in the application of any local
ordinance, policy, or program to limit residential growth.
(b) When a local agency that has not adopted an ordinance governing
accessory dwelling units in accordance with subdivision (a) receives an
application for a permit to create an accessory dwelling unit pursuant to this
subdivision, the local agency shall approve or disapprove the application
ministerially without discretionary review pursuant to subdivision (a) within
120 days after receiving the application.
(c) A local agency may establish minimum and maximum unit size
requirements for both attached and detached accessory dwelling units. No
minimum or maximum size for an accessory dwelling unit, or size based
upon a percentage of the proposed or existing primary dwelling, shall be
established by ordinance for either attached or detached dwellings that does
not permit at least an efficiency unit to be constructed in compliance with
local development standards. Accessory dwelling units shall not be required
to provide fire sprinklers if they are not required for the primary residence.
(d) Notwithstanding any other law, a local agency, whether or not it has
adopted an ordinance governing accessory dwelling units in accordance
with subdivision (a), shall not impose parking standards for an accessory
dwelling unit in any of the following instances:
(1) The accessory dwelling unit is located within one-half mile of public
transit.
(2) The accessory dwelling unit is located within an architecturally and
historically significant historic district.
(3) The accessory dwelling unit is part of the proposed or existing primary
residence or an accessory structure.
(4) When on -street parking permits are required but not offered to the
occupant of the accessory dwelling unit.
(5) When there is a car share vehicle located within one block of the
accessory dwelling unit.
(e) Notwithstanding subdivisions (a) to (d), inclusive, a local agency
shall ministerially approve an application for a building permit to create
within a zone for single-family use one accessory dwelling unit per
single-family lot if the unit is contained within the existing space of a
single-family residence or accessory structure, including, but not limited
to, a studio, pool house, or other similar structure, has independent exterior
access from the existing residence, and the side and rear setbacks are
sufficient for fire safety. Accessory dwelling units shall not be required to
provide fire sprinklers if they are not required for the primary residence. A
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Ch. 594 _10—
city
10—
city may require owner occupancy for either the primary or the accessory
dwelling unit created through this process.
(f) (1) Fees charged for the construction of accessory dwelling units
shall be determined in accordance with Chapter 5 (commencing with Section
66000) and Chapter 7 (commencing with Section 66012).
(2) Accessory dwelling units shall not be considered by a local agency,
special district, or water corporation to be a new residential use for the
purposes of calculating connection fees or capacity charges for utilities,
including water and sewer service.
(A) For an accessory dwelling unit described in subdivision (e), a local
agency, special district, or water corporation shall not require the applicant
to install a new or separate utility connection directly between the accessory
dwelling unit and the utility or impose a related connection fee or capacity
charge.
(B) For an accessory dwelling unit that is not described in subdivision
(e), a local agency, special district, or water corporation may require a new
or separate utility connection directly between the accessory dwelling unit
and the utility. Consistent with Section 66013, the connection may be subject
to a connection fee or capacity charge that shall be proportionate to the
burden of the proposed accessory dwelling unit, based upon either its size
or the number of its plumbing fixtures, upon the water or sewer system.
This fee or charge shall not exceed the reasonable cost of providing this
service.
(g) This section does not limit the authority of local agencies to adopt
less restrictive requirements for the creation of an accessory dwelling unit.
(h) Local agencies shall submit a copy of the ordinance adopted pursuant
to subdivision (a) to the Department of Housing and Community
Development within 60 days after adoption. The department may review
and comment on this submitted ordinance.
(i) As used in this section, the following terms mean:
(1) "Living area" means the interior habitable area of a dwelling unit
including basements and attics but does not include a garage or any accessory
structure.
(2) "Local agency" means a city, county, or city and county, whether
general law or chartered.
(3) For purposes of this section, "neighborhood" has the same meaning
as set forth in Section 65589.5.
(4) "Accessory dwelling unit' means an attached or a detached residential
dwelling unit which provides complete independent living facilities for one
or more persons. It shall include permanent provisions for living, sleeping,
eating, cooking, and sanitation on the same parcel as the single-family
dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and
Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health
and Safety Code.
90
November 16, 2017 Regular Board Meeting Agenda Packet - Page 55 of 115
Page 14 of 26
—11— Ch. 594
(5) "Passageway" means a pathway that is unobstructed clear to the sky
and extends from a street to one entrance of the accessory dwelling unit.
(6) "Tandem parking" that two or more automobiles are parked on a
driveway or in any other location on a lot, lined up behind one another.
0) Nothing in this section shall be construed to supersede or in any way
alter or lessen the effect or application of the California Coastal Act of 1976
(Division 20 (commencing with Section 30000) of the Public Resources
Code), except that the local government shall not be required to hold public
hearings for coastal development permit applications for accessory dwelling
units.
SEC. 2. Section 1.5 of this bill incorporates amendments to Section
65852.2 of the Government Code proposed by both this bill and Assembly
Bill 494. That section shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2018, (2) each bill
amends Section 65852.2 of the Government Code, and (3) this bill is enacted
after Assembly Bill 494, in which case Section 1 of this bill shall not become
operative.
SEC. 3. No reimbursement is required by this act pursuant to Section 6
of Article XIII B of the California Constitution because a local agency or
school district has the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
X
90
November 16, 2017 Regular Board Meeting Agenda Packet - Page 56 of 115
Page 15 of 26
6.12.040 - Residential capacity fees.
A. Policy. Any new residential connection shall be subject to payment of capacity fees in an amount which
will fund its proportionate share of the cost of District services and needed upgrades, replacements,
renovations and improvements of existing District wastewater and household hazardous waste
collection, treatment, recycling, reuse and disposal facilities to maintain their capacity, and to add to
and/or expand these facilities in the future when needed, all of which services and facilities will
ultimately be shared by current and future users. These facility costs shall be estimated pursuant to
the policies and findings set forth within this chapter.
B. Establishment of Zones. The District Board of Directors, with regard to providing capacity for new
users, has established and may, in the future, establish zones within the District as a whole in order to
more equitably establish fees for locations within the District having significantly differing costs for
wastewater utility services and facilities. By establishment of these zones, all parcels for which the
estimated cost of providing wastewater utility services and facilities is similar shall be included within
the same zone. Zone 1 shall include all parcels served completely by the gravity collection system,
whereas Zone 2 shall include all parcels that require District -operated sewage pumping facilities to
convey their wastewater to the gravity collection system. The fees established for Zone 1 and Zone 2
shall differ in proportion to the difference in costs attributable to providing capacity for new users within
each zone. The Board of Directors may establish additional zones, by ordinance, as circumstances
may from time to time warrant.
C. Basis for Capacity Fees. Capacity fees for residential units shall be set from time to time as provided
in this chapter based on the District's determination of the then -current value of all District assets
divided by the then -current number of residential unit equivalents receiving District wastewater utility
service. The residential unit fees established pursuant to the provisions of this chapter shall be
representative of both the volume of flow and strength characteristics for an average residential unit
as determined by wastewater industry standards and specific studies undertaken by the District and
other sewering entities. Fees for multiple residential units shall be determined by multiplying the
number of individual residential units by the standard residential unit fees for the zone within which the
units are located.
D. Additional Residential Units. Each residential unit shall be subject to each of the residential unit fees
for the zone within which the residential unit is located as set forth in this chapter.
In the event a separate additional residential unit is constructed on a parcel, whether or not in
compliance with applicable government regulations, additional capacity fees for that residential unit
shall become due. The creation of a dwelling space that accommodates an additional separate living
area within a parcel, whether or not said additional separate living area is constructed within the original
building or is a detached building, shall subject the parcel to assessment of applicable additional
residential unit fees. An additional separate living area shall be defined as an area designed for the
purpose of separate habitation that (1) will be, or can be, physically separated by a wall or door from
other residential units on the parcel, and (2) contains both a bathroom and kitchen, as well as a
multipurpose or bedroom area, and an exterior entrance. The time for payment of capacity fees for the
added burden arising from the construction of a separate additional residential unit shall be as set forth
in Section 6.12.030(D) (Time for Payment and Penalties for Delinquent Payment).
Capacity Fees for Accessory Dwelling Units (ADU), as defined in Title 7 Article 2 of the California
Government Code [Section 65852.21 shall confirm to the requirements therein. "Existing Space" is
defined as space for which a building permit has been issued, all conditions of the building permit have
been satisfied. and the building permit has been closed for at least 3 vears.
(Ord. 253 § 1(Exh. A(part)), 2008)
Page 1
November 16, 2017 Regular Board Meeting Agenda Packet - Page 57 of 115
Page 16 of 26
Attachment 3
ORDINANCE NO. 299
AN ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
REVISING DISTRICT CODE
CHAPTER 6.12
WHEREAS, the Central Contra Costa Sanitary District (Central San) has determined
that there is a need to update certain provisions within Chapter 6 of the District Code;
and
WHEREAS, a public hearing was noticed pursuant to Government Code Sections
50022.3 and 6066 for November 16, 2017 at 1:30 p.m. at the District Board of Directors
Regular Meeting scheduled for that date; and
WHEREAS, a properly noticed public hearing was held on November 16, 2017 where
all interested parties were given an opportunity to be heard, and thereupon the public
hearing was closed; and
WHEREAS, the District Counsel has reviewed these proposed Code revisions and
concluded that adoption of these Code modifications does not constitute a California
Environmental Quality Act (CEQA) Project as defined under Title 14 of California Code
of Regulations; specifically it does not constitute a Project pursuant to §§ 15378(b)(2),
(4) and (5) because:
i) this action is continuing administrative in nature, and deals with general
policy and procedure making; and
ii) it does not create any governmental funding mechanism or fiscal activity
involving a commitment to any specific project; and
iii) it is an organizational and administrative activity that will not result in any
direct or indirect changes to the environment; and
WHEREAS, the Board of Directors duly considered all oral and documented evidence.
NOW, THEREFORE, the Board of Directors of the Central Contra Costa Sanitary
District does ordain as follows:
Amendment of Section 6.12.040 D
The following section of the District Code shall be amended to read as follows:
November 16, 2017 Regular Board Meeting Agenda Packet - Page 58 of 115
Page 17 of 26
Ordinance No. 299
Page 2 of 3
Central Contra Costa Sanitary District
D. Additional Residential Units. Each residential unit shall be subject to each
of the residential unit fees for the zone within which the residential unit is
located as set forth in this chapter.
In the event a separate additional residential unit is constructed on a
parcel, whether or not in compliance with applicable government
regulations, additional capacity fees for that residential unit shall become
due. The creation of a dwelling space that accommodates an additional
separate living area within a parcel, whether or not said additional
separate living area is constructed within the original building or is a
detached building, shall subject the parcel to assessment of applicable
additional residential unit fees. An additional separate living area shall be
defined as an area designed for the purpose of separate habitation that (1)
will be, or can be, physically separated by a wall or door from other
residential units on the parcel, and (2) contains both a bathroom and
kitchen, as well as a multipurpose or bedroom area, and an exterior
entrance. The time for payment of capacity fees for the added burden
arising from the construction of a separate additional residential unit shall
be as set forth in Section 6.12.030(D) (Time for Payment and Penalties for
Delinquent Payment).
Capacity Fees for Accessory Dwelling Units (ADU), as defined in Title 7
Article 2 of the California Government Code [Section 65852.2] shall
confirm to the requirements therein. "Existing Space" is defined as space
for which a building permit has been issued, all conditions of the building
permit have been satisfied, and the building permit has been closed for at
least 3 years.
2. Finding of No "Project"
The District Board's action in adopting the proposed Code revisions does not constitute
a Project as envisioned by CEQA, as this action is consistent with defined
circumstances which do not constitute a Project pursuant to the provisions of Title 14
§§ 15378(b)(2), (4) and (5).
3. Effective Date
This Ordinance shall be a general regulation of Central San and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within the District Boundary, and shall be effective on January 1, 2018. This
Ordinance shall be kept on file with the Secretary of the District.
PASSED AND ADOPTED by the Board of Directors of the Central Contra Costa
Sanitary District on the 16t' day of November 2017, by the following vote:
November 16, 2017 Regular Board Meeting Agenda Packet - Page 59 of 115
Page 18 of 26
Ordinance No. 299
Page 3 of 3
Central Contra Costa Sanitary District
AYES: Members:
NOES: Members:
ABSTAIN: Members:
Paul H. Causey
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
District Counsel
November 16, 2017 Regular Board Meeting Agenda Packet - Page 60 of 115
Page 19 of 26
ORDINANCE NO. 296
AN ORDINANCE OF THE
CENTRAL CONTRA COSTA SANITARY DISTRICT
ADOPTING AN UNCODIFIED
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES
IN ACCORDANCE WITH DISTRICT CODE CHAPTER 6.12
WHEREAS, the Board of Directors (Board) of the Central Contra Costa Sanitary District
(Central San) finds that substantial study has been conducted regarding the impacts of
planned future development within Central San's service area on existing Central San
services and facilities, along with an analysis of new, improved, or expanded Central
San facilities and services required or appropriate to serve new users and current users
who change the use of their connected buildings and facilities, and said studies have
set forth the relationship between the added burden imposed by such users, and the
need for an estimated cost of Central San services and facilities occasioned by this
added burden; and
WHEREAS, these studies were undertaken by Central San staff and culminated in
documents that are part of the public record, to wit: The Capital Improvement Budget
and Ten-year Capital Improvement Plan contained in the Central San FY 2016-17
Budget, and the Staff Report on Proposed Capacity Fee Program dated April 11, 2017;
and
WHEREAS, it is reasonable and necessary that all users of Central San's wastewater
and household hazardous waste collection, treatment, recycling, reuse and disposal
services and facilities, including those temporary users served under Special Discharge
Permits, contribute their appropriate portion of the funding for such Central San services
and facilities; and
WHEREAS, a properly noticed public hearing regarding the proposed Capacity Fee
Program revisions was held on June 1, 2017, and proper notice was also given of the
availability of the documents noted above for public inspection and review prior to said
public hearing; and
WHEREAS, Chapter 6.12 of the District Code provides the enabling authority for
Central San to implement the proposed uncodified Schedule of Capacity Fees, Rates
and Charges; and
WHEREAS, the Board finds as follows:
1. Central San has made a substantial investment in assets that will benefit new
users.
2. For Central San to continue an adequate level of service to all users,
maintenance of existing facilities capacity and construction of additional facilities
capacity in the future is required.
3. The purpose of the Capacity Fee Program is to equalize the investment in
Central San assets among current and new users, thus ensuring that new users
pay their fair share for facilities capacity and services.
November 16, 2017 Regular Board Meeting Agenda Packet - Page 61 of 115
Page 20 of 26
Central Contra Costa Sanitary District
Ordinance No. 296
Page 2 of 3
4. The current Sewer Construction Fund balance and future Capacity Fee revenue
will be allocated to:
• Life -cycle replacement, renovation, upgrading and improvements to maintain
existing capacity in Central San facilities;
• Addition to and expansion of facilities where needed or required to meet legal
and regulatory requirements;
• Equitable adjustment of contributions among current, new and contractual users;
• New users' buy -in -to -all -assets of the District including facilities and the balances
in the:
- Sewer Construction Fund
- Running Expense Fund
- Debt Service Fund
- Self Insurance Fund
5. There is a strong and reasonable relationship between the actual added burden
imposed by new users and the proposed Capacity Fees, Rates and Charges.
6. The proposed fees, rates and charges are exempt from the California
Environmental Quality Act (CEQA) per section 6.12.020 of the District Code.
NOW, THEREFORE, the Board of Central San does ordain as follows:
Section 1 (To be Uncodified)
The "Schedule of Capacity Fees, Rates and Charges" as set forth in full in Exhibit "A" to
this Ordinance, which exhibit is incorporated in full herein by this reference, is hereby
adopted in uncodified form pursuant to the provisions of District Code Section 6.12.020.
As of the effective date of this Ordinance, Capacity Fees shall be charged at such rates
and for such categories of users as set forth in said Schedule, and shall remain in effect
until amended or replaced by ordinance.
Section 2
All ordinances and parts of ordinances in conflict with the provisions of this Ordinance
are repealed. The provisions of this Ordinance, insofar as they are substantially the
same as existing provisions relating to the same subject matter shall be construed as
restatements and continuations thereof and not as new enactments. To the extent this
Ordinance or any portion or section of this Ordinance is determined invalid or
unconstitutional, such portions of Ordinance No. 291 shall remain in effect and such
rates and charges due thereunder for any categories of users shall remain due and
payable as if those portions of Ordinance No. 291 had not been repealed.
With respect, however, to violations, rights accrued, liabilities accrued, or appeals taken,
prior to the effective date of this Ordinance, under any chapter, ordinance, or part of an
ordinance, such chapter, ordinance or part of an ordinance shall be deemed to remain
in full force for the purpose of sustaining any proper suit, action, or other proceedings,
with respect to any such violation, right, liability or appeal.
November 16, 2017 Regular Board Meeting Agenda Packet - Page 62 of 115
Page 21 of 26
Central Contra Costa Sanitary District
Ordinance No. 296
Page 3 of 3
Section 3
This Ordinance shall be a general regulation of Central San and shall be published once
in the Contra Costa Times and San Ramon Valley Times, newspapers of general
circulation within Central San, and shall be effective on July 1, 2017.
PASSED AND ADOPTED this 1 st day of June 2017, by the Board of Central San by the
following vote:
AYES:
Members:
McGill, Pilecki, Williams, Causey
NOES:
Members:
None
ABSENT:
Members:
Nejedly
211 '(MALA'
Paul H. Causey, P.E.
President of the Board of Dims
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
�2'C-AS
1 Elaine R. Boehme, CMC
�J Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form: zjj 1 4 - I
Kenton L. m, Esq.
Counsel for the District
November 16, 2017 Regular Board Meeting Agenda Packet - Page 63 of 115
Page 22 of 26
EXHIBIT "A"
SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES
(Uncodified)
The Capacity Fees, Rates, and Charges listed below were established by Central
Contra Costa Sanitary District Ordinance No. 296 adopted June 1, 2017. These fees,
rates, and charges shall be applied to all new connections or added burdens for which
fees become due and payable on or after July 1, 2016 in accordance with the provisions
of District Code Chapter 6.12.
Gravity Capacity Fee
$6,300 / RUE*
Pumping Capacity Fee
$1,639 / RUE
*A residential unit equivalent (RUE) is a measure of sewage volume and strength
equivalent to a typical residential household.
Gravity Zone Fee Zone 1
= Gravity Capacity Fee
Pumped Zone Fee (Zone 2)
1 = I Gravity Capacity Fee + Pumping Capacity Fee
Residential Unit Equivalence (RUE) Factors0)
Number of RUE = Unit of Measure Count Multiplied by the RUE Factor
Gravity
Pumping
Eligible for
Capacity
Capacity
Capacity
Use
Unit of
Fee RUE
Fee RUE
Use Charge
Code
User Group
Measure'2)
Factor
Factor
Program
LU
Single-family residences
Dwelling Unit
1.000
1.000
LA
Multiple -family
residences, apartments
Dwelling Unit
0.847
0.847
LD
Duplex
Dwelling Unit
0.847
0.847
LM
Mobile homes
Dwelling Unit
0.847
0.847
LT
Condominium
Dwelling Unit
0.847
0.847
LS
Accessory structure
Dwelling Unit
0.847
0.847
connected to sewer
Second residential unit
{on same parcel with
Single-family residence)
(not meeting Accessory
Dwelling Unit(3) criteria
Accessory Dwelling
Dwelling Unit
0
0
Unit(3)— within existing
space
Accessory Dwelling
1,000 sq. ft.
0.425
0.425
Unit(3)— new structure
LC
Common areas
1,000 sq. ft.
0.200
0.200
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -of -measure" shall mean the basic unit that quantifies the degree of use of a particular parcel
(e.g. dwelling unit, square footage). Square footage of an improvement shall be based upon the gross
exterior dimensions of the structure.
(3) Accessory Dwelling Units are 1,200 sq. ft. maximum and meet criteria of Gov't Code Sect 65852.2
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 64 of 115
Page 23 of 26
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES - CONTINUED
Residential Unit Equivalence (RUE) Factors0)
Number of RUE = Unit of Measure Count Multiplied
by the RUE
Factor
Use
Code
User Group
Unit of
Measure (2)
Gravity
Capacity
Fee RUE
Factor
Pumping
Capacity
Fee RUE
Factor
Eligible for
Capacity
Use Charge
Program
*=Yes
AB
Auto body/painting
1,000 sq. ft.
0.484
0.467
AD
Auto dealerships
1,000 sq. ft.
0.484
0.467
AL
Aircraft services
1,000 sq. ft.
0.484
0.467
AR
Auto repair/maintenance
1,000 sq. ft.
0.484
0.467
AS
Service stations
1,000 sq. ft.
0.484
0.467
BT
Transportation services
1,000 sq. ft.
0.432
0.467
AC
Car washes
1,000 sq. ft.
21.127
22.829
AW
Car washes with recycling
1,000 sq. ft.
3.522
3.805
BB
Barbers/beauty salons / pet
grooming
1,000 sq. ft.
0.725
0.783
BC
Dry cleaners, no laundry
1,000 sq. ft.
0.259
0.279
BR
Retail sales
1,000 sq. ft.
0.259
0.279
BE
Equipment repair / repair
services
1,000 sq. ft.
0.228
0.247
BK
Contractors / business
services
1,000 sq. ft.
0.228
0.247
BN
Nurseries / lumberyards
1,000 sq. ft.
0.228
0.247
IL
Light industrial
1,000 sq. ft.
0.228
0.247
BH
Meeting halls / studios
1,000 sq. ft.
0.290
0.313
EA
Auditoriums / theaters
1,000 sq. ft.
0.290
0.313
EC
Cinemas
1,000 sq. ft.
0.290
0.313
EM
Entertainment
1,000 sq. ft.
0.290
0.313
EB
Bowling alleys
1,000 sq. ft.
0.311
0.336
BZ
Miscellaneous commercial
1,000 sq. ft.
0.510
0.551
EG
Golf courses / country clubs
1,000 sq. ft.
1.166
1.391
EH
Health clubs / spas
1,000 sq. ft.
1.166
1.391
ET
Tennis clubs
1,000 sq. ft.
1.166
1.391
IW
Warehouses
1,000 sq. ft.
0.136
0.147
BM
Markets
1,000 sq. ft.
0.556
0.601
BS
Supermarkets
1,000 sq. ft.
0.880
0.601
BX
Shopping centers
1,000 sq. ft.
1.057
1.142
OB
Business offices
1,000 sq. ft.
0.295
0.319
OF
Financial institutions / banks
1,000 sq. ft.
0.295
0.319
OG
Government offices
1,000 sq. ft.
0.295
0.319
OS
Fraternal / service offices
1,000 sq. ft.
0.295
0.319
OM
Medical offices
1,000 sq. ft.
0.637
0.688
OV
Veterinary clinics
1,000 sq. ft.
0.637
0.688
RD
Delicatessens
1,000 sq. ft.
1.166
1.294
RN
Bars
1,000 sq. ft.
1.166
1.294
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -of -measure" shall mean the basic unit that quantifies the degree of use of a particular parcel
(e.g. dwelling unit, square footage). Square footage of an improvement shall be based upon the gross
exterior dimensions of the structure.
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 65 of 115
Page 24 of 26
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES - CONTINUED
Residential Unit Equivalence (RUE) Factors0)
Number of RUE = Unit of Measure Count Multiplied by the RUE Factor
Use
Code
User Group
Unit of
Measure (2)
Gravity
Capacity
Fee RUE
Factor
Pumping
Capacity
Fee RUE
Factor
Eligible for
Capacity
Use Charge
Program
*=Yes
RI
Ice cream parlors
1,000 sq. ft.
1.166
1.294
RY
Yogurt shops
1,000 sq. ft.
1.166
1.294
RS
Restaurants dine -in
1,000 sq. ft.
4.010
2.738
RT
Restaurants take-out
1,000 sq. ft.
4.010
2.738
RC
Banquet facilities / patio
seating
1,000 sq. ft.
1.166
0.825
RB
Bakeries retail
1,000 sq. ft.
4.061
2.178
BL
Laundromats
1,000 sq. ft.
13.506
14.594
SF
Skilled nursing facilities
1,000 sq. ft.
2.216
2.347
FE
Residential care facilities
for the elderly
1,000 sq. ft.
0.932
0.987
HP
Hospitals
1,000 sq. ft.
2.891
3.124
LH
Hotels / motels
1,000 sq. ft.
1.926
1.272
CH
Churches
1 1,000 sq. ft.
1 0.242
0.261
Private and Public Schools Use codes SD, SE, SH, SI, SU
Schools with cafeteria
and gym / showers
Classroom
0.860
1.000
Schools with gym /
showers and no
cafeteria
Classroom
0.774
0.900
Schools with cafeteria
and no gym / showers
Classroom
0.516
0.600
Schools without
cafeteria or gym /
showers
Classroom
0.430
0.500
(1) Fees for multi -use buildings shall be determined by considering each use separately.
(2) "Unit -of -measure" shall mean the basic unit that quantifies the degree of use of a particular parcel
(e.g. dwelling unit, square footage). Square footage of an improvement shall be based upon the gross
exterior dimensions of the structure.
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 66 of 115
Page 25 of 26
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES — CONTINUED
Special Studies
The fees for Special Studies shall be as established in the Schedule of Environmental
and Development -Related Fees, Rates, and Charges pursuant to the provisions of
Chapter 6.30 of the District Code.
The following user groups require a special study to determine the appropriate capacity
fees. Administrative fees to conduct special studies for these user groups shall be
waived.
Use Code
User Group
BP
Parking lots
CM
Cemeteries
MO
Mortuaries with embalming or cremation facilities
EP
Parks / playgrounds
ES
Swimming pools
EF
Large fitness / athletic clubs
LR
Residence hotels
IE
Electronic industries
IH
Heavy industries
IP
Permitted industries
IR
Laboratories / research facilities
--
Improvements with garbage disposals
--
Public facilities
--
S ecial billings
--
Utilities
Values for use in the RUE formula in Section 6.12.050(D)(2) shall be:
FLORU
= 200 gpd
BODRU
= 200 m /I
TSSRU
= 215 m /I
A
= 0.69
B
= 0.14
C
= 0.17
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 67 of 115
Page 26 of 26
SCHEDULE OF CAPACITY FEES, RATES AND CHARGES — CONTINUED
Capacity Use Charge Program
The minimum "initial payment" threshold gravity capacity fee RUE factor shall be 1.166
RUE/per one thousand square feet.
The annual interest rate for calculation of capacity use charges shall be as established
in the Schedule of Environmental and Development -Related Fees and Charges
pursuant to the Provisions of Chapter 6.30 of the District Code.
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 68 of 115
Capacity Charge
"Initial Pa ment"
Capacity Use
Charge Rates
Use
Code
User Group
Gravity
Capacity Fee
RUE Factor
(RUE/1,000
Sq. Ft.)
Pumping
Capacity
Fee RUE
Factor
(RUE/1,000
Sq. Ft.)
Current Year
($/Month
1,000 Sq. Ft.)
Annual
($/HCF
AC
Car washes
1.166
22.829
$1,079.00
$ 5.81
AW
Car washes with recycling
1.166
3.805
$ 127.35
$
4.11
BL
Laundromats
1.166
14.594
$ 667.04
$
5.62
HP
Hospitals
1.166
3.124
$ 93.25
$
3.67
LH
Hotel/Motel
1.166
1.926
$ 41.08
$
3.97
RB
Bakeries retail
1.166
2.178
$ 156.49
$
8.83
RS
Restaurants dine -in
1.166
2.738
$ 153.73
$
6.90
RT
Restaurants (paper
service / no dishwashers
1.166
2.738
$ 153.73
$
6.90
SF
Skilled nursing facilities
1.166
2.347
$ 56.76
$
2.91
The annual interest rate for calculation of capacity use charges shall be as established
in the Schedule of Environmental and Development -Related Fees and Charges
pursuant to the Provisions of Chapter 6.30 of the District Code.
N:\EnvrSRV\Board Agenda Items\Current Drafts\11-16-17\ORDINANCE 296 - Exhibit A MARKUP.docx
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November 16, 2017 Regular Board Meeting Agenda Packet - Page 68 of 115