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HomeMy WebLinkAbout09. Conduct a public hearing to consider amending District Code Sec 6.12.030 and Capacity Fee Schedule relating to unpermitted Accessory Dwelling Units Page 1 of 14 Item 9. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: APRIL 6, 2023 SUBJECT: CONDUCT PUBLIC HEARING TO RECEIVE PUBLIC COMMENT AND CONSIDER 1)ADOPTING CODIFIED ORDINANCE NO. 326AMENDING DISTRICT CODE SECTION 6.12.030, GENERAL PROVISIONS OF THE CAPACITY FEE PROGRAM, AND 2)AMENDING EXHI BIT A TO UNCODIFIED ORDINANCE NO. 324 FOR THE SCHEDULE OF CAPACITY FEES, RATES, AND CHARGES SUBMITTED BY: INITIATING DEPARTMENT: THOMAS BRIGHTBILL, SENIOR ENGINEER, ENGINEERING AND TECHNICAL SERVICES- FINANCIAL PLANNING PDS-RATES AND FEES REVIEWED BY: DANEA GEMMELL, PROVISIONAL DIRECTOR OF ENGINEERING AND TECHNICAL SERVICES Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Changes to District Code and the Capacity Fee schedule relating to unpermitted Accessory Dwelling Units (ADUs) are proposed. State Law and District Code require that a public hearing be held to receive public comment on ordinances which revise District Code and the Capacity Fee schedule. BACKGROUND On November 3, 2022, the Board of Directors (Board) heard the first of four appeals from property owners appealing staff decisions that Capacity Fees were owed for AD Us which were constructed or April 6, 2023 Regular Board Meeting Agenda Packet- Page 86 of 176 Page 2 of 14 converted by prior property owners without permits from Central San and without payment of Capacity Fees to Central San. Under the current District Code, such projects are charged and must pay the full Capacity Fee for one multi-family residential unit and are not eligible for the reduced Capacity Fees that properly-permitted ADU projects are charged. 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 for ADUs 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 the 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; and • 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. Proposed Changes to Capacity Fees for Unpermitted ADUs In recent years, staff has seen a marked increase in the number of projects with ADUs constructed or converted by a previous property owner for which no permit was issued by Central San. Most of these current property owners were not aware that the unit was unpermitted and the proper fees had not been paid to Central San at the time they purchased the parcel. Most of the property owners are willing to pay some fees to rectify the situation but several of them have expressed concerns that they are in effect paying a penalty based on what a prior property owner did. Property owners of four parcels with unpermitted ADUs, constructed or converted by prior property owners, appealed to the Board requesting that they be allowed to pay the reduced Capacity Fees under the current fee schedule for properly permitted new-construction projects. All four appeals were granted by the Board. Concurrent with the appeals, staff began reviewing how unpermitted ADUs are handled under the current District Code and the current Capacity Fee schedule. Staff discussed several topics including how Capacity Fees should be charged with different types of unpermitted ADU projects, how fair and equitable the proposed changes would be in different scenarios, and what level of administrative effort would be required for the various scenarios. April 6, 2023 Regular Board Meeting Agenda Packet- Page 87 of 176 Page 3 of 14 When reviewing unpermitted ADU projects, staff typically reviews information from a variety of sources to confirm that the appropriate fees were not paid to Central San and to determine when a project may have been constructed or converted. These sources of information include Central San's permits and permit files, building permits from the appropriate local building department, aerial photos (current and historic), Google Street View photos (current and historic), and real estate listings on the World Wide Web. Staff believes that the fairest and most straightforward method is to charge all unpermitted ADU projects the same Capacity Fee, regardless of which property owner did the work. The Capacity Fees for unpermitted Additional Residential Units or ADUs would be charged the same rate as for the construction of a new permitted ADU. ALTERNATIVES/CONSIDERATIONS The Board could chose to not take action at this time regarding Capacity Fees charged for unpermitted ADU projects. This is not recommended as special consideration has already been granted to owners of four parcels and staff continues to receive additional applications from property owners with unpermitted ADUs who are asking for consideration. The Board could chose to give staff different direction on Capacity Fees for unpermitted ADUs. FINANCIAL IMPACTS If the proposed changes to District Code and the Capacity Fee schedule are approved, the revised fees will be based on square footage and will vary from project to project. Capacity Fees for the prior appeals were reduced by an average of$5,100. If this average reduction were applied to three projects per month, the resulting decrease in Capacity Fee revenue would be $183,600 per year. COMMITTEE RECOMMENDATION The Finance Committee reviewed this matter at its meeting on February 21, 2023 and recommended conducting the public hearing. RECOMMENDED BOARD ACTION Conduct the public hearing to receive input on the proposed changes to the Capacity Fee Program general provisions, District Code Section 6.12.030 and amendments to Exhibit A of the Capacity Fee schedule. Adopt the proposed revisions to the District Code by a codified Ordinance and the Capacity Fee schedule. Stratedc Plan Tie-In GOAL ONE: Customer and Community Strategy 1—Deliver high-quality customer service ATTACHMENTS: 1. Revisions to District Code section 6.12.030 in strikeout 2. Proposed (codified) Ordinance to amend District Code section 6.12.030 3. Ordinance 324 - Schedule of Capacity Fees, Rates and Charges (including Exhibit A) in strikeout April 6, 2023 Regular Board Meeting Agenda Packet- Page 88 of 176 Page 4 of 14 Attachment 1 6.12 Capacity Fee Program 6.12.030-General provisions. E. Capacity Fees for Unpermitted Work. 1. Capacity Fees for an Accessory Dwelling Unit for which the District did not issue a permit for an Additional Living Unit or Accessory Dwelling Unit shall be charged as described in the Schedule of Capacity Fees, Rates and Charges. 4�2. 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,; fe-Ir-;;n AcceSsery Dwelling Unit censtructed prier te january 1, 2018 fer which the DiSbruct dod net *Ssue a permit shall be charged as a multi family residential - April 6, 2023 Regular Board Meeting Agenda Packet- Page 89 of 176 Page 5 of 14 Attachment 2 ORDINANCE NO. 326 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 April 6, 2023 at 2:30 p.m. at the District Board of Directors Regular Meeting scheduled for that date; and WHEREAS, a properly noticed public hearing was held on April 6, 2023 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- 1. ollows:1. Amendment of Section 6.12.030 E District Code Section 6.12.030.E shall be amended to read as follows: E. Capacity Fees for Unpermitted Work. 1. Capacity Fees for an Accessory Dwelling Unit for which the District did not issue a permit for an Additional Living Unit or Accessory Dwelling Unit shall be charged as described in the Schedule of Capacity Fees, Rates and Charges. 2. 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. April 6, 2023 Regular Board Meeting Agenda Packet- Page 90 of 176 Page 6 of 14 Central Contra Costa Sanitary District Ordinance No. 326 Page 2 of 2 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 April 21, 2023. 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 6t" day of April 2023, by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Barbara D. Hockett President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Katie Young 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 April 6, 2023 Regular Board Meeting Agenda Packet- Page 91 of 176 ATTACHMENT--Se 7 of 14 ORDINANCE NO. 324 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 document titled, "Central Contra Costa Sanitary District FY 2021-22 Budget," and the Staff Report Regarding the Capacity Fee Update dated April 18, 2022; and WHEREAS, these studies also included the Wastewater Capacity Fee Review Study dated May 28, 2018 by Black & Veatch which reviewed Central San's methodology and calculations; 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 16, 2022, 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. April 6, 2023 Regular Board Meeting Agenda Packet- Page 92 of 176 Page 8 of 14 Ordinance No. 324 Page 2of3 Central Contra Costa Sanitary District 3. The purpose of the Capacity Fee Program is to equalize the investment in Central San's assets among current and new users, thus ensuring that new users pay their fair share for facilities capacity and services. 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's 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 Central San including facilities and the balance in the Sewer Construction 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 Directors of the Central Contra Costa Sanitary District 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. 309 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. 309 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. April 6, 2023 Regular Board Meeting Agenda Packet- Page 93 of 176 Page 9 of 14 Ordinance No. 324 Page 3 of 3 Central Contra Costa Sanitary District 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, 2022. PASSED AND ADOPTED this 16th day of June 2022, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: Hockett, Lauritzen, McGill, Pilecki, Williams NOES: Members: None ABSENT: Members: None SAW wlay-�S David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: �A- Y-6� Katie Young Secretary of the District Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: °n-/-- Kenton L. Alm, Esq. Counsel for the District April 6, 2023 Regular Board Meeting Agenda Packet- Page 94 of 176 Page 10 of 14 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. 324 adopted June 16, 2022. 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, 2022 in accordance with the provisions of District Code Chapter 6.12. Gravity Capacity Fee $7,200 / RUE* Pumping Capacity Fee $2,011 / 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) = Gravity Capacity Fee + Pumping Capacity Fee Residential Unit Equivalence (RUE) Factors0) Number of RUE = Unit of Measure Count Multiplied by the RUE Factor Use Unit Gravity Pumping Code User Group Measure 2) Capacity Fee Capacity Fee RUE Factor RUE Factor 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 connected Dwelling Unit 0.847 0.847 to sewer on same parcel with Single-family residence (not meeting Accessory Dwelling Unit(3) criteria LE Accessory Dwelling Unit(3)— Dwelling Unit 0 0 within existing space LN Accessory Dwelling Unit(3)— 1,000 square 0.425 0.425 new structure or existing units feet (sq. ft.) for which the District did not previously issue a permit for an Additional Living Unit or Accessory Dwelling Unit LC Common areas 1,000 sq. ft. 0.200 0.200 Page 1 of 5 April 6, 2023 Regular Board Meeting Agenda Packet- Page 95 of 176 Page 11 of 14 Residential Unit Equivalence (RUE) Factors0) Number of RUE = Unit of Measure Count Multiplied by the RUE Factor Use Unit Gravity Pumping Code User Group Measure 2) Capacity Fee Capacity Fee RUE Factor RUE Factor 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 Barbers / beauty salons / pet BB 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 Equipment repair/ repair services BE 1,000 sq. ft. 0.228 0.247 Contractors/ business services BK 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 (or other food 1,000 sq. ft. 1.562 1.294 service without Type 1 hood RN Bars 1,000 sq. ft. 1.562 1.294 RI Ice cream parlors 1,000 sq. ft. 1.562 1.294 RY Yogurt shops 1,000 sq. ft. 1.562 1.294 Page 2 of 5 April 6, 2023 Regular Board Meeting Agenda Packet- Page 96 of 176 Page 12 of 14 Residential Unit Equivalence (RUE) Factors0) Number of RUE = Unit of Measure Count Multiplied by the RUE Factor Use Gravity Pumping Code User Group Unit of Capacity Fee Capacity Fee Measure(2) RUE Factor RUE Factor RS Restaurants or other food 1,000 sq. ft. 4.010 2.738 service w/T pe 1 hood dine-in RT Restaurants or other food 1,000 sq. ft. 4.010 2.738 hood take-out Patio seating in excess of 300 RC square feet(4), banquet facilities 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 Residential care facilities for the FE 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 1,000 sq. ft. 0.242 0.261 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 m /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. (3)Accessory Dwelling Units are 1,200 sq. ft. maximum for detached units and no more than 50% of the square footage of the existing primary dwelling for attached units. They contain a full bath, a full or partial kitchen and meet criteria of Gov't Code Sect 65852.2. A partial kitchen, as described in Government Code 65852.2 and Health and Safety Code 17958.1 includes a sink outside the bathroom. (4) Patio seating capacity fees charged for patios at Dine-in Restaurants (RS)and Bars (RN). Page 3 of 5 April 6, 2023 Regular Board Meeting Agenda Packet- Page 97 of 176 Page 13 of 14 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 gallons per da d BODRU = 200 milligrams per liter (mg/1) TSSRU = 215 m /I A = 0.69 B = 0.14 C = 0.17 Page 4 of 5 April 6, 2023 Regular Board Meeting Agenda Packet- Page 98 of 176 Page 14 of 14 SCHEDULE OF CAPACITY FEES, RATES AND CHARGES — CONTINUED Non-Residential Capacity Fee Installment Payment Program Interest Rate — The annual interest rate for calculation of payments under this program shall be the rate 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. Number of Payments — Up to fifteen equal annual payments (one per fiscal year), at the option of the applicant. The first annual payment shall be due at the time the permit is issued with each of the remaining payments charged on the annual property tax bill. Capacity Use Charge Program For existing Capacity Use Charge Agreements only: Capacity Use Charge Rates Use Code User Group Annual ($/HCF (Hundred Cubic Feet RS Restaurants (dine-in) $7.34 RT Restaurants (paper service / no dishwashers) $7.34 The annual payment for each agreement signed prior to March 19, 2021 will be reviewed. If the annual payment would be higher under the Non-Residential Capacity Fee Installment Payment Program, the difference will be waived for the customer. If the annual payment would be lower under the new program, the lower payment will be charged for that year. Page 5 of 5 April 6, 2023 Regular Board Meeting Agenda Packet- Page 99 of 176