Any person making a connection to the sanitary sewer system
of the City, or expanding, modifying, enlarging or conducting any
other activity that will increase the volume and/or strength of sewage
emitting from a premises already connected to the sanitary sewer system
of the City, shall pay a sewer capacity fee to the City to defray
the costs for expansion and rehabilitation of the existing sewer collection
system, and any other sewer facilities utilized by the City, to meet
the demands placed on the system(s). The sewer capacity fee is a "capacity
charge" for purposes of California
Government Code Section 66013.
No connection shall be made by any person to a sewer line of the City
without first having paid to the City the proper sewer capacity fee
set forth in this chapter.
(Ord. 798 § 2, 1989; Ord. 2013-1137 § 1)
The City Council shall, in a council resolution, set forth the
specific amount of the sewer capacity fee and the basis for determining
the fee.
(Ord. 798 § 2, 1989; Ord. 2013-1137 § 2)
The revenues raised by payment of this fee shall be placed in a separate and special account, and such revenues, along with any interest earnings on that account, shall be used solely to pay for rehabilitation and expansion of the existing sewer collection system, and any other sewer facilities utilized by the City, described in the resolution enacted pursuant to Section
13.05.020 of this chapter.
(Ord. 798 § 2, 1989; Ord. 2013-1137 § 3)
A. Application.
This fee shall apply to any person making a connection to the sanitary
sewer system of the City, or expanding, modifying, enlarging or conducting
any other activity that will increase the volume and/or strength of
sewage emitting from a premises already connected to the sanitary
sewer system of the City, for any singlefamily or multifamily dwelling
units, commercial, industrial or other nonresidential improvements
and redevelopment. Credit shall be given for previous sewer connections
as measured by the number of equivalent dwelling units being assessed
against the property.
B. Adjustments. A developer of any project subject to the fee described in Section
13.05.020 of this chapter may apply to the City Council for a reduction or adjustment to that fee, or a waiver of that fee, based upon the absence of any reasonable relationship or nexus between the sewer impacts of that development and either the amount of the fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk not later than: (1) 10 days prior to the public hearing on the development permit application for the project; or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction or adjustment. The City Council shall consider the application at the public hearing on the permit application or at a separate hearing held within 60 days after the filing of the fee adjustment application, whichever is later. The decision of the City Council shall be final. If a reduction, adjustment or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment or reduction of the fee.
(Ord. 798 § 2, 1989; Ord. 2000-951 § 1; Ord. 2013-1137 § 4)
Annually, City staff shall make publicly available the information
required by California
Government Code Section 66013(d) with respect
to the sewer capacity fee.
(Ord. 798 § 2, 1989; Ord. 2000-951 § 2; Ord. 2013-1137 § 5)
Any judicial action or proceeding to attack, review, set aside,
void or annul this chapter shall be brought within the time period
as established by
Government Code Section 66022 after the effective
date of the ordinance codified in this chapter.
(Ord. 798 § 2, 1989; Ord. 2000-951 § 3)