HomeMy WebLinkAbout11. Conduct a public hearing to receive public comment to consdier adopting Ordinance No 326 Amending District Code 6.12.030, General Provisions of Capacity Fee Program, amending Exhibit A to Ordinance No 324 for Scheduled of Capacity Fees RatesItem 11.
BOARD OF DI RECTORS
POSIT ION PA PER
M E E T ING D AT E:MAY 4, 2023
S UB J E C T: C O ND UC T A P UB L I C HE A R I NG TO R E C E I V E P UB L I C C O MME NT A ND
C O NS I D E R 1) A D O P T I NG C O D I F I E D O R D I NA NC E NO. 326 A ME ND I NG
D I S T R I C T C O D E S E C T I O N 6.12.030, G E NE R A L P R O V I S I O NS O F T HE
C A PA C I T Y F E E P R O G R A M, A ND 2) A ME ND I NG E X HI B I T A TO
UNC O D I F I E D O R D I NA NC E NO. 324 F O R T HE S C HE D UL E O F C A PA C I T Y
F E E S, R AT E S, A ND C HA R G E S
S UB M I T T E D B Y:
T HO MA S B R I G HT B I L L , S E NI O R E NG I NE E R ,
F I NA NC I A L P L A NNI NG
I NI T I AT I NG D E PART M E NT:
E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S-
P D S-R AT E S A ND F E E S
RE V IE WE D B Y:D A NE A G E MME L L , P L A NNI NG A ND D E V E L O P ME NT S E RV I C E S D I V I S I O N
MA NA G E R
E D G A R J . L O P E Z , P R O V I S I O NA L D I R E C TO R O F E NG I NE E R I NG A ND
T E C HNI C A L S E RV I C E S
Roger S. Bailey
General Manager
K enton L . Alm
District Counsel
IS S UE
C hanges to District Code and the Capacity F ee schedule relating to unpermitted A ccessory Dwelling
Units (A D Us) are proposed.
State L aw and D istrict C ode require that a public hearing be held to receive public comment on ordinances
which revise D istrict C ode and the C apacity F ee schedule.
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Page 1 of 18
B AC K G RO UND
On November 3, 2022, the B oard of D irectors (B oard) heard the first of four appeals from property
owners appealing staff decisions that C apacity F ees were owed for A D Us which were constructed or
converted by prior property owners without permits f rom Central S an and without payment of C apacity
F ees to Central S an. Under the current District Code, such projects are charged and must pay the f ull
C apacity F ee f or one multi-f amily residential unit and are not eligible for the reduced C apacity F ees that
properly-permitted A D U projects are charged.
C entral S an Capacity F ees for AD Us
On October 8, 2017, S enate B ill 229 (S B 229) was signed into law. S B 229 extended certain reductions in
C apacity F ees f or A D Us to special districts such as C entral San. I n response to S B 229, C entral San
held a public hearing on November 16, 2017, to amend the District Code and revise the Capacity F ee
schedule ef f ective J anuary 1, 2018.
T he revised D istrict C ode included section 6.12.030 (E), C apacity F ees f or 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 L aw did not address work done prior to the effective date;
the new State L aw included provisions that
projects which involved the conversion of an existing space into an A D U were generally
exempt from paying sewer C apacity F ees, and
projects f or new construction of an A D U would be subject to payment of a significantly
reduced sewer C apacity F ee; and
C entral San staff believed that property owners who f ailed to obtain permits f or their projects should
not benefit from new f ee reductions when other property owners who obtained permits for projects
prior to the A D U legislation paid sewer C apacity F ees without any discounts.
Proposed Changes to Capacity F ees for Unpermitted AD Us
I n recent years, staf f has seen a marked increase in the number of projects with A D Us constructed or
converted by a previous property owner f or which no permit was issued by Central S an. Most of these
current property owners were not aware that the unit was unpermitted and the proper f ees had not been
paid to C entral San at the time they purchased the parcel. Most of the property owners are willing to pay
some f ees to rectif y 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 A D Us, constructed or converted by prior property
owners, appealed to the B oard requesting that they be allowed to pay the reduced Capacity F ees under
the current fee schedule f or properly permitted new-construction projects. A ll four appeals were granted
by the Board.
C oncurrent with the appeals, staf f began reviewing how unpermitted A D Us are handled under the current
D istrict C ode and the current Capacity F ee schedule. Staf f discussed several topics including how
May 4, 2023 Regular Board Meeting Agenda Packet - Page 77 of 218
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C apacity F ees should be charged with dif f erent types of unpermitted A D U projects, how f air and equitable
the proposed changes would be in different scenarios, and what level of administrative effort would be
required f or the various scenarios.
W hen reviewing unpermitted A D U projects, staf f typically reviews information from a variety of sources to
conf irm that the appropriate f ees were not paid to Central S an and to determine when a project may have
been constructed or converted. T hese sources of information include Central S an's permits and permit
files, building permits f rom the appropriate local building department, aerial photos (current and historic),
Google S treet View photos (current and historic), and real estate listings on the World W ide Web.
Staf f believes that the fairest and most straightf orward method is to charge all unpermitted A D U projects
the same Capacity F ee, regardless of which property owner did the work. T he Capacity F ees for
unpermitted Additional Residential Units or A D Us would be charged the same rate as for the construction
of a new permitted A D U.
ALT E RNAT I V E S /C O NS I D E RAT IO NS
T he B oard could chose to not take action at this time regarding Capacity F ees charged for unpermitted
A D U projects. T his is not recommended as special consideration has already been granted to owners of
four parcels and staff continues to receive additional applications f rom property owners with unpermitted
A D Us who are asking for consideration.
T he B oard could chose to give staff different direction on Capacity F ees for unpermitted A D Us.
F I NANC IAL I M PAC T S
I f the proposed changes to D istrict C ode and the C apacity F ee schedule are approved, the revised f ees
will be based on square footage and will vary f rom project to project. C apacity F ees f or the prior appeals
were reduced by an average of $5,100. I f this average reduction were applied to three projects per
month, the resulting decrease in Capacity F ee revenue would be $183,600 per year.
C O M M I T T E E RE C O M M E ND AT IO N
T he F inance C ommittee reviewed this matter at its meeting on F ebruary 21, 2023 and recommended
conducting the public hearing.
RE C O M M E ND E D B O ARD AC T I O N
C onduct the public hearing to receive input on the proposed changes to the C apacity F ee P rogram
general provisions, D istrict C ode S ection 6.12.030 and amendments to Exhibit A of the C apacity F ee
schedule. Adopt the proposed revisions to the District Code by a codified Ordinance and the Capacity
F ee schedule.
Strategic Plan Tie-I n
G O A L O N E: Customer and C ommunity
Strategy 1 – Deliver high-quality customer service
AT TAC HM E NT S :
D escription
1. Revisions to District Code section 6.12.030 in strikeout
2. P roposed (codif ied) Ordinance to amend District Code section 6.12.030
May 4, 2023 Regular Board Meeting Agenda Packet - Page 78 of 218
Page 3 of 18
3. Ordinance 324 - S chedule of Capacity F ees, Rates and Charges (including Exhibit A ) in strikeout
4. P resentation
May 4, 2023 Regular Board Meeting Agenda Packet - Page 79 of 218
Page 4 of 18
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.
1.2. 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 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.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 80 of 218
Page 5 of 18
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 with in 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. 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.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 81 of 218
Page 6 of 18
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 6th 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
May 4, 2023 Regular Board Meeting Agenda Packet - Page 82 of 218
Page 7 of 18
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.
ATTACHMENT 3
May 4, 2023 Regular Board Meeting Agenda Packet - Page 83 of 218
Page 8 of 18
Ordinance No. 324
Page 2 of 3
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.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 84 of 218
Page 9 of 18
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
David R. Williams
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
May 4, 2023 Regular Board Meeting Agenda Packet - Page 85 of 218
Page 10 of 18
Page 1 of 5
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) Factors(1)
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
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
to sewer on same parcel with
Single-family residence (not
meeting Accessory Dwelling
Unit(3) criteria)
Dwelling Unit 0.847 0.847
LE Accessory Dwelling Unit(3) –
within existing space
Dwelling Unit 0 0
LN Accessory Dwelling Unit(3) –
new structure or existing units
for which the District did not
previously issue a permit for an
Additional Living Unit or
Accessory Dwelling Unit
1,000 square
feet (sq. ft.)
0.425 0.425
LC Common areas 1,000 sq. ft. 0.200 0.200
May 4, 2023 Regular Board Meeting Agenda Packet - Page 86 of 218
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Page 2 of 5
Residential Unit Equivalence (RUE) Factors(1)
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
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 (or other food
service without Type 1 hood)
1,000 sq. ft. 1.562 1.294
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
May 4, 2023 Regular Board Meeting Agenda Packet - Page 87 of 218
Page 12 of 18
Page 3 of 5
Residential Unit Equivalence (RUE) Factors(1)
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
RS Restaurants or other food
service w/Type 1 hood (dine-in)
1,000 sq. ft. 4.010 2.738
RT Restaurants or other food
w/Type 1 hood (take-out)
1,000 sq. ft. 4.010 2.738
RC
Patio seating in excess of 300
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
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 1,000 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
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.
(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).
May 4, 2023 Regular Board Meeting Agenda Packet - Page 88 of 218
Page 13 of 18
Page 4 of 5
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
-- Special billings
-- Utilities
Values for use in the RUE formula in Section 6.12.050(D)(2) shall be:
FLORU = 200 gallons per day (gpd)
BODRU = 200 milligrams per liter (mg/l)
TSSRU = 215 mg/l
A = 0.69
B = 0.14
C = 0.17
May 4, 2023 Regular Board Meeting Agenda Packet - Page 89 of 218
Page 14 of 18
Page 5 of 5
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:
Use Code
User Group
Capacity Use
Charge Rates
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.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 90 of 218
Page 15 of 18
1
Proposed Changes to
District Code regarding
Unpermitted
Accessory Dwelling Units (ADUs)
Title 6 Fees and Charges
Thomas Brightbill
Senior Engineer-Financial Planning
May 4, 2023
Background
Appeals to Board from property owners
appealing staff decisions that Capacity
Fees were owed for ADUs, which were
constructed or converted by prior
property owners without permits from
Central San and without payment of
Capacity Fees
•November 3, 2022 (1)
•December 15, 2022 (2)
•March 16, 2023 (1)
•May 4, 2023 (1)
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ATTACHMENT 4
May 4, 2023 Regular Board Meeting Agenda Packet - Page 91 of 218
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ADU Capacity Fee
Calculation Comparison
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Based on unpermitted 600 SF ADU
Gravity Zone Capacity Fee = $7,200
Pump Zone Capacity Fee = $9,211
Current Code
Gravity Zone
•1 Dwelling Unit x 0.847 x $7,200 =$6,098
Pump Zone
•1 Dwelling Unit x 0.847 x $9,211 =$7,802
Proposed Code
Gravity Zone
•0.600 x 0.425 x $7,200 =$1,836
Pump Zone
•0.600 x 0.425 x $9,211 =$2,349
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.
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 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.
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May 4, 2023 Regular Board Meeting Agenda Packet - Page 92 of 218
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Schedule of Capacity Fees Rates and
Charges “Exhibit A”
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Recommended Board Action
Conduct a Public Hearing to receive public comments and
consider:
1.Adopting Codified Ordinance No. 326 amending District
Code Section 6.12.030, General Provisions of the
Capacity Fee Program, and
2.Amending Exhibit A to Uncodified Ordinance No. 324 for
the Schedule of Capacity Fees, Rates, and Charges
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May 4, 2023 Regular Board Meeting Agenda Packet - Page 93 of 218
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