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HomeMy WebLinkAbout8 Water Facilities Ord Agenda Item ## ,' Memorandum To: Board of Directors From: Peter Holzmeister Date: November 2, 2001 EMMETTS° APPEAL AND REVIEW OF THE WATER FACILITIES ORDINANCE The Board considered at the last meeting an appeal submitted by Mr. Jack Emmetts. Mr. Emmetts appealed the requirement to pay water facilities fee applied to an addition of approximately 1,200 square feet to an existing home. The Board asked that I bring back options for consideration that would either eliminate or modify the application of the facilities fee to additions to existing homes, or conversions of non-living space to living space within existing homes. Following is an analysis of the options. POSSIBLE AMENDMENTS TO ORDINNCE NO. 2001-01, ESTABLISHING WATER FACILITIES AND COMMECTION FEES OPTION 1 This option would establish a minimum threshold of 500 square feet of improved space before the facilities fee is applicable. This option eliminates the application of the fee to small additions to existing homes. It applies the fee to major additions to an existing home. This option would have our fee be consistent with how the same fee is applied by the school district, the recreation district and the fire district. The language that would be changed if this option is adopted follows: 1. "New development' shall mean construction of residential improvements, construction of commercial, industrial or other non-residential improvements, or the addition of floor space to existing improvements in excess of five hundred (500) square feet in area which involve the issuance of a permit for construction or reconstruction. 4. Residential Facilities Fee - Water facilities fees shall be according to the charge per square foot of living space for the area to be construction. The facilities fee shall be $1.56 times the square feet of living space as determined by the Building Permit. With regard to the addition of floor space to existing improvements or the conversion of non-living space to living space with in an existing residential building, the fee shall not apply to permits involving five hundred (500) square feet or less. For permits involving more than five hundred (600) square feet the fee of$1.56 per square foot shall to the entire square footage involved in the improvement. If the Board chooses this option you will need to amend the current ordinance, which requires a public hearing prior to the actual vote to amend. Under this option Mr. Emmetts would still be required to pay the fee. I suggest the ordinance be made retroactive to May 7, 2001. OPTION 2 This option eliminates the application of the facilities fee to any space that is added to an existing home or to the conversion of existing non-living space to living space within an existing home. The language that would need to be changed if this option is adopted follows: 1. " New development' shall mean construction of residential improvements, construction of commercial, industrial or other non-residential improvements, (or the addition of floor space to existing improvements) which involve the issuance of a permit for construction or reconstruction If the Board chooses this option you will need to amend the current ordinance, which requires a public hearing prior to the actual vote to amend. Under this option Mr. Emmetts would be exempted from paying the fee. I suggest the ordinance be made retroactive to May 7, 2001. OPTION 3 Make no change in the existing ordinance. Attached is a copy of ordinance 2001-01 as it exists now, for your review. To deal with this issue fully, you would need to (1) act on the appeal of Mr. Emmets, and (2) decide how to amend the ordinance. RECOMMENDATION: 1. I recommend that the Board deny the appeal of Mr. Emmetts. 2. 1 recommend that the Board schedule a public hearing to consider all three options set forth above. At the conclusion of the hearing you can choose an option to adopt. �'�TRUCKEE DONNER Public Utility District Ordinance No. 2001-01 Establishing water facilities and connection fees WHEREAS, a study was conducted of the impacts of contemplated future development on this District's existing water services and facilities in the District's water service area along with an analysis of new, improved or expanded public water facilities and improvements required or appropriate to serve new development and said study set forth the relationship between new development,those services or facilities and the estimated costs of those improvements.The study is the District's 2001 Water Master Plan Update. WHEREAS,this 2001 Water Master Plan Update was available for public inspection and review for more than ten (10) days prior to this public hearing and notice was given in compliance with Government Code Section 66016; and WHEREAS, a public hearing, noticed pursuant to and in compliance with Government Code Sections 66018 and 6062a, was held at a regularly scheduled meeting of the Board of Directors, T. and WHEREAS, the Board of Directors finds as follows: Regarding Facilities Fees: A. The purpose of the facilities fee is to finance public water system facilities to reduce the impacts of additional demands on the existing water system caused by new development within the District's water service area. B. The water facilities fees collected pursuant to this ordinance shall be used to finance the public facilities described or identified in the 2001 Water Master Plan Update. C. After considering the Water Master Plan Update and analysis prepared by District Staff and the testimony received at public hearings, the Board finds that the new development in the water service area will generate additional need for new water system facilities within the impacted area as described in the 2001 Water Master Plan Update map and will contribute to the degradation of the public water supply in that area. D. It is appropriate or necessary in this described impact area to provide for water system facilities which have not been constructed or have been constructed but new development has not contributed its fair share towards these facility costs and said facilities. E. The facts and evidence presented establish that there is a reasonable relationship between the need for the described public facilities and the impacts of the types of development described in paragraph three below, for which the corresponding fee is charged and there is a reasonable relationship between the fee's use and the type of development for which the fee is charged, as these reasonable relationships or nexus are in more detail described in the Water System Master Plan referred to above. F. In compliance with the California Environmental Quality Act,following a properly noticed public hearing held at a regularly scheduled meeting of the Board of Directors,the Board did adopt a Negative Declaration for the adoption of the Water System Master Plan Update and water facilities and connection fees.A Notice of Determination was filed with both the Nevada and Placer County Clerks in March of 2001. G. The cost estimates set forth in the 2001 Water Master Plan Update are reasonable cost estimates for constructing these facilities and the fees expected to be generated by new development will not exceed the total of these costs. Regarding Connection Fees: A. The purpose of connection fees is to reimburse the District for the actual administrative, material and labor costs(excluding service lateral) of connecting to the water system. B. A review of the water connection fees has revealed an increase in costs over the past several years. C. In compliance with the California Environmental Quality Act,following a properly noticed public hearing held at a regularly scheduled meeting of the Board of Directors,the Board did adopt a Negative Declaration for the adoption of the Water System Master Plan Update and water facilities and connection fees.A Notice of Determination was filed with both the Nevada and Placer County Clerks in March of 2001. NOW, THEREFORE, BE IT ORDAINED that the Board of Directors of the Truckee Donner Public Utility District does hereby enact the following: 1. "New development" shall mean construction of residential improvements, construction of commercial, industrial or other non-residential improvements, or the addition of floor space to existing improvements which involve the issuance of a permit for construction or reconstruction. 2. A water facilities fee shall be charged upon application for water service and shall be paid prior to provision of water service by new development in the water service area depicted and described on the Master Plan map. The District Water Planner shall determine if the development lies within this area,the type of development and the corresponding fee to be charged in accordance with this ordinance. 3. Use of Facilities Fees-The fee shall be solely used to pay(1)for all costs associated with the described public facilities to be constructed by the District, (2)for reimbursing the District for the development's fair share of those capital improvements already constructed by the District, or(3)to reimburse other developers who have constructed public facilities described in the 1995 - 2015 Water System Master Plan, where those facilities were beyond that needed to mitigate the impacts of the other developers' project or projects. 4. Residential Facilities Fee—Water facilities fees shall be according to a charge per square foot of living space for the area to be constructed.The facilities fees shall be$1.56 times the square feet of living space as determined by the Building Permit. 5. Commercial Facilities Fee—Water facilities fees shall be charged according to the following schedule: METER SIZE EDU FACILITIES (inches) FEE 5/8 x 3/4 1 $ 3,086 314 1.5 4,629 1 2.5 7,715 1 V2 5 15,430 2 8 24,688 3 15 46,290 4 25 77,150 6 50 154,300 6. Connection fees are charged to reimburse the District for the actual administrative, material and labor costs of connecting to the water system (excluding the service lateral). 7. Connection fees shall be charged according to the following schedule: METER SIZE CONNECTION (inches) FEE 5/8 x 314 $ 990 3/4 1,020 1 Actual cost 1 YZ Actual cost 2 Actual cost 3 Actual cost 4 Actual cost 6 Actual cost 8. Fee review-On or about March of each following year, the District's staff shall review the estimated cost of the described capital improvements,the continued need forthose improvements and the reasonable relationship between such need and the impacts of the various types of development pending or anticipated and for which these fees are charged. The staff shall report its findings to the Board of Directors at a noticed public hearing and recommend any adjustment to this fee or other action as may be needed. 9. If no protest is made pursuant to Public Utilities Code Section 16078,then this ordinance shall be effective thirty(30)days after the date it was adopted by the Board of Directors. 10. The Clerk of the District shall immediately cause a copy of this ordinance to be published in a newspaper of general circulation and posted in three places within the District. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the 7t' day of March 2001 by the following roll call vote: AYES: Aguera, Hemig, Van Gundy and Maass. NOES: Sutton. ABSENT: None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT B a 4q&�v Jame4. Maass, President ATTEST yO Peter L. Holzmeisfer, Clerk of the Board