HomeMy WebLinkAbout07. Conduct a hearing to consider an appeal of a staff decision of capacity fees owed for an Accessory Dwelling Unit at a Lafayette property Page 1 of 5
Item 7.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 15, 2022
SUBJECT: CONDUCT HEARING TO CONSIDER MR. BRYN BOWMAN'S APPEAL OF
A STAFF DECISION THAT CAPACITY FEES IN THE AMOUNT OF $6,738.40
ARE OWED FOR AN ACCESSORY DWELLING UNIT (ADU)AT 3432 ST.
MARY'S ROAD IN LAFAYETTE
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
MANAGER
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
Mr. Bryn Bowman submitted a Central San application for the remodel and expansion of an existing AD
constructed by a previous property owner on his parcel at the address stated above. Central San staff
determined that under the current District Code and Capacity Fee schedule, sewer Capacity Fees of
$6,098.40 are owed.
District Code section 1.16.010 allows that any person may appeal a final staff decision to the Board of
Directors (Board).
BACKGROUND
On August 12, 2022, Mr. Bryn Bowman submitted an application for the remodel and expansion of an
existing AD on his parcel at 3432 St. Mary's Rd. in Lafayette. Staff determined during the review that the
existing AD had been constructed as a "residential addition." A copy of the plans for the residential
December 15, 2022 Regular Board Meeting Agenda Packet- Page 48 of 145
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addition dated June 2, 1990 was obtained from the City of Lafayette. These plans were marked "no
kitchen facilities shall be installed." Subsequent to the construction of the addition, kitchen facilities were
installed thus creating what is an ADU under the current Central San District Code. Central San never had
the opportunity to review the subsequent addition of the kitchen facilities and collect a Capacity Fee for the
expanded use. Staff was able to confirm through real estate listings that the stove and other appliances were
added prior to Mr. Bowman purchasing the home.
Central San Capacity Fees for ADUs
On October 8, 2017, Senate Bill 229 (SB 229)was signed into law. SB 229 extended certain reductions
in Capacity Fees forADUs to special districts such as Central San. In response to SB 229, Central San
held a public hearing on November 16, 2017 to amend the District Code and revise the Capacity Fee
schedule effective January 1, 2018.
The revised District Code included section 6.12.030 (E), Capacity Fees for Unpermitted Work, which
states:
1. Capacity Fees for all other uses for which the District did not receive a request for a connection
permit or building plans for review shall be charged at the rate that is current at the time of
discovery.
2. Capacity Fees for an Accessory Dwelling Unit constructed prior to January 1, 2018 for which the
District did not issue a permit shall be charged as a multi-family residential unit.
Several factors resulted in the specific language used in section 6.12.030 (E)(2) including:
• The new State Law did not address work done prior to the effective date.
• The new State Law included provisions that:
• Projects which involved conversion of an existing space into an ADU were generally
exemptfrom paying sewer Capacity Fees; and
• Projects for new construction of an ADU would be subject to payment of a significantly
reduced sewer Capacity Fee.
• Central San staff believed that property owners who failed to obtain permits for their projects should
not benefit from new fee reductions when other property owners who obtained permits for projects
prior to the ADU legislation paid sewer Capacity Fees without any discounts.
The Current Appeal
On November 3, 2022, the Board granted an appeal to the owners of a residential parcel with an
unpermitted ADU which allowed the property owners to pay the reduced Capacity Fee for an ADU rather
than the full Capacity Fee specified in Central San's District Code.
Mr. Bowman is requesting the same consideration.
ALTERNATIVES/CONSIDERATIONS
The Board of Directors could:
1. Grant Mr. Bowman's appeal; or (Staff Recommends)
2. Deny Mr. Bowman's appeal; or
3. Provide some other direction to staff regarding the appeal.
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I n addition, the Board of Directors may wish to consider providing direction to staff about a future change
to District Code regarding Capacity Fees for unpermitted ADUs created by previous property owners.
FINANCIAL IMPACTS
If the appeal is approved by the Board and the Capacity Fee is reduced to $2,080.80, then $4,017.60 in
Capacity Fees would not be collected.
COMMITTEE RECOMMENDATION
District Code Section1.16.030 states that appeals of staff decisions are to be heard "at a regular meeting
of the Board of Directors." Therefore, this matter was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Conduct the appeal hearing and provide direction to staff by selecting one of the alternatives summarized
above.
Strategic Plan Tie-In
GOAL TWO: Environmental Stewardship
Strategy 1 -Achieve compliance in all regulations
ATTACHMENTS:
1. Written Public Comment dated November 2, 2022
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11-03-22 Agenda Item 8.
(Handout) Public Comment
From: Central San
To: Secretary of the District
Subject: SPEAKER/COMMENT CARD ID#2001-Bryn Bowman
Date: November 2,2022 06:35:39 PM
8
COMMENT/SPEAKER CARD ID#2001
Submitted on Wednesday, November 2, 2022 - 6:35pm
I wish to submit a written comment.
I am a property owner in Contra Costa County. We have recently
learned that an inlaw unit on our property was not properly permitted as
an ADU. A 3 burner counter top electric range was added sometime
after its construction in 1990. We want to do the right thing, and bring
the unit up to code so we hired an architect and began with the
permitting process. The unit was built more than 30 years ago with
permits, but not classified as an ADU due to the lack of any kitchen
appliances.
When submitting our plans to Central Sanitation for what we believed
was a routine plan check we were shocked to learn that we would be
required to pay nearly 10k in capacity fees. We are making no changes
to the number of plumbing fixtures. We are making no changes to how
the property is used. We are making no changes to the capacity of the
house. Even if we were not adding or altering a single pipe on a 32 year
old structure we would be required to pay these high fees.
Just yesterday we learned that we are not the only ones effected by this
retroactive application of fees. We learned that this item was on your
Agenda to be discussed as part of an appeal by other residents of
Contra Costa County. Please allow for leniency on ADU conversion
fees. We must lower the barriers to building more livable units in Contra
Costa County. We must ease the insane financial burden on
homeowners that want to do the right thing. We mush ease the burden
on what it costs to do any construction work in our country.
My speech/comment is about an item on the Agenda. I have provided the Agenda Item
Number below.
Item 8: Appeal to capacity fee.
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Submitted by:
Bryn Bowman
brynbowman@gmail.com
3432 Saint Marys Rd
Lafayette CA, 94549
415-847-9080
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December 15, 2022 Regular Board Meeting Agenda Packet- Page 52 of 145