HomeMy WebLinkAbout10. Adopt resolution providing direction to staff regarding capacity fees for Accessory Dwelling Unit applications received between 10-8-17 and 12-31-17Page 1 of 4
Item 10.
' CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: NOVEMBER 16, 2017
SUBJECT: CONSIDER ADOPTING PROPOSED RESOLUTION NO. 2017-047
PROVIDING DIRECTION TO STAFF REGARDING CAPACITYFEES FOR
ADU APPLICATIONS RECEIVED BETWEEN OCTOBER 8, 2017 AND
DECEMBER 31, 2017
SUBMITTED BY: INITIATING DEPARTMENT:
THOMAS BRIGHTBILL, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS -RATES AND FEES
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
JEAN -MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Formal direction from the Board of Directors is sought regarding capacity fees for Accessory Dwelling
Unit (ADU) applications received between October 8, 2017 (the date that the Governor signed Senate Bill
229) and January 1, 2018 (the official effective date of the SB 229 legislation.)
BACKGROUND
A public hearing to amend District Code and the capacity fee schedule will precede this item. These
amendments would be effective January 1, 2018, the effective date of the Senate Bill 229 (SB 229)
legislation.
November 16, 2017 Regular Board Meeting Agenda Packet - Page 69 of 115
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The Board of Directors has already granted one appeal to a property owner on October 19, 2017, to apply
the capacity fee provisions of SB 229 to his project. Two additional formal appeals have been received
and will be heard at this meeting. Staff has received additional inquiries and requests from property
owners regarding ADU capacity fees.
Rather than addressing these requests and appeals individually, staff is requesting formal direction from
the Board of Directors forADU capacity fees for applications received after SB 229 was signed by the
Governor on October 8, 2017 and the official January 1, 2018 effective date.
ALT ERNAT IVES/CONSIDERAT IONS
The Board of Directors could provided some other direction to staff regarding ADU applications received
prior to January 1, 2018.
FINANCIAL IMPACTS
The estimated financial impact is anticipated to be minimal.
A count of ADU permits received since October 8, 2017 will be provided at the meeting.
COMMITTEE RECOMMENDATION
This matter was not reviewed by a Board committee.
RECOMMENDED BOARD ACTION
Adopt Resolution No. 2017-047 to provide direction to staff regarding capacity fees for ADU applications
received between October 8, 2017 and December 31, 2017.
ATTACHMENTS:
1. Proposed Resolution No. 2017-047
November 16, 2017 Regular Board Meeting Agenda Packet - Page 70 of 115
Page 3 of 4
RESOLUTION NO. 2017-047
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
DIRECTING THAT PROVISIONS OF THE DISTRICT CODE REGARDING
CAPACITY FEES FOR ACCESSORY DWELLING UNITS BE APPLIED TO
APPLICATIONS FOR ACCESSORY DWELLING UNITS RECEIVED BETWEEN
OCTOBER 8, 2017 AND DECEMBER 31, 2017
WHEREAS, the State of California passed Accessory Dwelling Unit (ADU) legislation in
2016 to provide reforms and incentives to facilitate and expedite the construction of
affordable housing; and
WHEREAS, the legislation passed by the State of California in 2016 intending to
provide relief to property owners wishing to construct ADUs did not apply to special
districts like Central Contra Costa Sanitary District (Central San); and
WHEREAS, as of October 8, 2017, legislation extending the 2016 ADU legislation to
special districts was signed by the Governor of the State of California and became law
with an effective date of January 1, 2018; and
WHEREAS, an Ordinance amending Central San's District Code and Capacity Fee
schedule to comply with the new legislation was passed by the Board of Directors on
November 16, 2017 to be effective January 1, 2018; and
WHEREAS, the Board of Directors believes that there are property owners within
Central San's service area who desire to construct ADUs and who have applied for
sewer permits for ADU projects to Central San since October 8, 2017; and
WHEREAS, in accordance with District Code Section 1.24.010, the Board of Directors
may provide relief from ordinances or regulations because of special circumstances;
and
WHEREAS, in accordance with District Code Section 1.23.020, the Board of Directors
may provide relief from charges because of special circumstances; and
WHEREAS, the Board of Directors recognizes that the current ADU legislation is a
unique event and any action taken by this resolution is not intended to set any
precedence for changing the effective date of any future legislation.
NOW, THEREFORE, be it resolved by the Board of Directors of Central San that the
provisions of the District Code addressing Capacity Fees for ADUs meeting the
definitions for ADUs contained in Senate Bill 229 be extended to those applications for
ADUs received between October 8, 2017 and December 31, 2017.
Passed and adopted this 16th day of November 2017 by the Central San Board of
Directors by the following vote:
November 16, 2017 Regular Board Meeting Agenda Packet - Page 71 of 115
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Resolution No. 2017-047
Central Contra Costa Sanitary District
Page 2of2
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
Paul H. Causey, P.E.
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
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.
Counsel for the District
November 16, 2017 Regular Board Meeting Agenda Packet - Page 72 of 115