HomeMy WebLinkAbout12. Conduct hearing to consider Mr. Jonathan Espinoza's appeal of a staff decision that Capacity fee in the amount of $15,603.44 are owed for ADU at 118 C Street in MartinezItem 12.
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 HE A R I NG TO C O NS I D E R MR. J O HNAT HA N E S P I NO Z A 'S
A P P E A L O F A S TA F F D E C I S I O N T HAT C A PA C I T Y F E E S I N T HE A MO UNT
O F $15,603.44 A R E O W E D F O R T W O UNP E R MI T T E D A C C E S S O RY
D W E L L I NG UNI T S (A D U) AT 118 C S T R E E T I N MA RT I NE Z
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
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
Mr. J ohnathan E spinoza submitted a C entral San application for the remodel of a single-f amily residence
containing an two unpermitted A D Us constructed by a previous property owner on his parcel at the
address stated above. C entral San staff determined that under the current D istrict C ode and Capacity
F ee schedule, sewer Capacity F ees of $15,603.44 are owed.
D istrict C ode section 1.16.010 allows that any person may appeal a f inal staf f decision to the Board of
D irectors (B oard).
May 4, 2023 Regular Board Meeting Agenda Packet - Page 94 of 218
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B AC K G RO UND
On A ugust 24, 2022 , Mr. J ohnathan E spinoza submitted an application f or the remodel of a single-family
residence containing two existing A D Us on his parcel at 118 C Street in Martinez. Staf f determined during
the review that the existing A D U had been constructed without permits f rom Central S an or payment of
C apacity F ees to C entral San by the previous property owner.
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 Capacity F ees for A D Us to special districts such as Central S an. I n response to S B 229, C entral San
held a public hearing on November 16, 2017 to amend the D istrict C ode and revise the C apacity 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:
T he new State L aw did not address work done prior to the effective date.
T he new State L aw included provisions that:
Projects which involved conversion of an existing space into an A D U were generally
exempt from paying sewer C apacity F ees; and
Projects for new construction of an A D U would be subject to payment of a significantly
reduced sewer C apacity F ee.
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.
T he C urrent Appeal
Since November 2022, the B oard has granted appeals by the owners of 4 other residential parcels with
unpermitted A D Us which allowed the property owners to pay the reduced Capacity F ee for an A D U rather
than the f ull C apacity F ee specif ied in Central S an's D istrict C ode.
Mr. E spinoza is requesting the same consideration. A capacity f ee quote of $15,603.44 was provided f or
his project based on the current D istrict C ode and Capacity F ee Schedule. T his capacity f ee amount
represents the f ull multi-f amily capacity f ee (zone 1: $6,098.40 and zone 2: $1703.32) being charged f or
each of the two A D Us. I f the B oard grants the appeal, the project’s capacity f ee quote would be $4,016
(zone 1: $3,139.20 and zone 2: $876.80).
As part of the appeal process, staf f committed to developing draft language for a District Code change
relating to Capacity F ees for unpermitted A D Us. T he draf t language has been prepared and will be
presented to the B oard of D irectors at a public hearing scheduled f or the May 4, 2023 Board of Directors
meeting.
May 4, 2023 Regular Board Meeting Agenda Packet - Page 95 of 218
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ALT E RNAT I V E S /C O NS I D E RAT IO NS
T he B oard of D irectors could:
1. Grant Mr. E spinoza's appeal; or (Staff Recommends)
2. D eny Mr. E spinoza's appeal; or
3. Provide some other direction to staf f regarding the appeal.
I n addition, the B oard of D irectors may wish to consider providing direction to staf f about a f uture change
to District Code regarding Capacity F ees for unpermitted A D Us created by previous property owners.
F I NANC IAL I M PAC T S
I f the appeal is approved by the B oard and the Capacity F ee is reduced to $4,016.00, then $11,587.44 in
C apacity F ees would not be collected.
C O M M I T T E E RE C O M M E ND AT IO N
D istrict C ode S ection1.16.030 states that appeals of staf f decisions are to be heard "at a regular meeting
of the B oard of D irectors." T heref ore, this matter was not reviewed by a B oard C ommittee.
RE C O M M E ND E D B O ARD AC T I O N
C onduct the appeal hearing and provide direction to staff by selecting one of the alternatives summarized
above.
Strategic Plan Tie-I n
G O A L O N E: Customer and C ommunity
Strategy 1 – Deliver high-quality customer service
G O A L TW O: Environmental Stewardship
Strategy 1 - Achieve compliance in all regulations
May 4, 2023 Regular Board Meeting Agenda Packet - Page 96 of 218
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