Chapter 13.08


13.08.010    Purpose.

13.08.020    Letters of availability.

13.08.030    Procedure.

13.08.040    Expiration of reservation – Refunds.

13.08.050    Extension for completion – Connection fee.

13.08.060    Transfer, sale or assignment of project.

13.08.070    Reserve account.

13.08.080    Waiting list.

13.08.010 Purpose.

The purpose of this chapter is to establish procedures for the reservation of sewerage capacity and promote the completion of projects with due diligence and to discourage speculation in, and/or the nonuse of, reserved sewerage capacity, a valuable public resource. (Ord. 83 § 1, 1983)

13.08.020 Letters of availability.

A. A letter of availability (LOA) shall be issued committing the City to reserve sewerage availability to a parcel with an approved project as defined in this chapter. Said letter shall only be issued for and after the applicant has received approval of a tentative tract map, tentative parcel map, use permit, or development review application. The applicant shall, within 30 days thereafter, apply for an LOA and make concurrent payment to the City, a nonrefundable reservation fee equal to 20 percent of the appropriate sewerage connection fee in effect at the time the LOA is issued.

B. The LOA shall represent that sewerage capacity is available to complete the applicant’s project, but in no circumstance for a period to exceed two years from the date the applicant makes the initial 20 percent reservation fee payment pursuant to subsection A of this section.

C. Within the two-year period designated in subsection B of this section, the applicant shall pay the City the balance of the sewerage connection fee of the City then in effect, and thereafter the City shall provide such sewerage capacity paid for the applicant’s project. In no case shall building permits be issued prior to the payment of the balance of the sewerage connection fee then in effect. (Ord. 83 § 1.1 – 1.3, 1983)

13.08.030 Procedure.

A. Where the applicant’s project is a tentative tract or parcel map, it shall be subject to all provisions of this chapter except the time limitations of PMC 13.08.020(B). In such case, the City shall represent in the LOA that sewerage availability is assured for applicant’s project for a period of time equal to the time of expiration of the tentative map.

B. If, upon approval of a tentative map time extension, the adoption of a general plan amendment, approval of a use permit or development review application, the applicant’s then approved or adopted project density is less than that previously approved for said project, the sewerage capacity units no longer required, shall revert back to the City’s use. All fees charged for reservation of the excess units shall be credited to the fees then charged for reservation of units to serve the new project density.

C. Within 30 days of the date the applicant records the final map for a previously approved tentative map, the applicant shall pay to the City, a nonrefundable reservation fee equal to 30 percent of the sewerage connection fee then in effect. Upon paying this second fee, the City shall reserve sewerage capacity for the applicant’s project not to exceed 36 months from the date of recordation.

D. Within the 36-month period designated in subsection C of this section, the applicant shall pay the City the balance of the sewerage connection fee then in effect. Thereafter, the City shall provide such sewerage capacity paid for to the applicant’s project. In no case shall building permits be issued prior to payment of the balance of the sewerage connection fee then in effect. (Ord. 83 § 2, 1983)

13.08.040 Expiration of reservation – Refunds.

A. Except for the provisions of PMC 13.08.050, each reservation of sewerage capacity obtained pursuant to this chapter, shall expire on the date provided therein. After the date of expiration, the applicant shall lose all rights to the previously reserved sewerage capacity for that project. Upon the expiration of a reservation of sewerage capacity, the City shall return any fees paid in consideration of the City’s reservation of sewerage capacity. Such fees shall not be credited against the payment of future sewerage connection fees. The City’s previous representation to provide sewerage capacity shall, as to that project, be null and void.

B. After an expiration, the applicant shall be required to initiate a new application for reservation of sewerage capacity, pursuant to the rules, regulations and fees of the City then in effect. Payments made for reservation of sewerage capacity are only refundable when reserved sewerage capacity cannot be provided to a project otherwise qualified to receive sewer capacity. The City will not unreasonably withhold reserved capacity to the applicant. This refund shall be the only recourse against the City for the City’s inability to deliver reserved capacity. The applicant shall agree to this as a condition of receiving the LOA. (Ord. 83 § 3, 1983)

13.08.050 Extension for completion – Connection fee.

A. An applicant shall at all times proceed with due diligence to complete a project. If an applicant is unable to meet any time limit established pursuant to this chapter, the applicant may, at any time, apply to the City Council for an extension of such time limit. Any such application shall not be made later than 30 days prior to the expiration of the time limit for which an extension is being sought.

B. If an applicant provides satisfactory proof to the City that the applicant has proceeded with due diligence to complete the project, the City may grant an extension of time consistent with the provisions of this chapter. The City may condition the granting of an extension upon the applicant’s compliance with certain conditions, such as, but not limited to, the payment of an annual, nonrefundable fee. The fee shall be that amount determined by the City to reimburse the City for costs associated with extending the time during which the City reserves sewerage capacity for the applicant’s project.

C. The decision as to:

1. What is due diligence;

2. For what period of time a particular time limit should be extended; and

3. What conditions, if any, shall be placed upon the granting of the extension;

shall be matters within the discretion of the City. An applicant’s failure to proceed with due diligence shall be grounds for denial of an extension of a time limit.

D. If an extension of a time is granted, it shall not exceed 12 months. Upon grant of an extension, the applicant shall pay to the City, within 10 days of the City Council approval, a nonrefundable fee equal to 10 percent of the sewerage connection fee in effect at that time. Failure to make the 10 percent payment within the 10-day period shall render the LOA null and void. The payment required by this section shall be credited toward the final sewerage connection fee. In addition, the applicant shall pay a nonrefundable charge to the City in an amount as established by City Council resolution from time to time. This latter charge shall not be credited toward the sewerage connection fee as it represents compensation to the City for the costs incurred in processing the time extension application.

E. The connection fee shall not be paid in full at the time of processing a tentative parcel map, tentative map, special use permit, or development review application. (Ord. 683 § 56, 2008; Ord. 83 § 4, 1983)

13.08.060 Transfer, sale or assignment of project.

A. Any transfer, sale or assignment of a project may transfer the applicable LOA. If a transfer to the LOA is accomplished, the new owner of the project will be subject to all the provisions of this chapter and shall have the same rights and obligations as the original applicant for the project. To transfer the LOA, the transferee or assignee must immediately notify the City in writing of such change in ownership of the project. The City will not provide sewerage connection and capacity or recognize the validity of the LOA until the provisions of this section are satisfied.

B. An LOA shall pertain specifically to the project as described within the LOA. The LOA is not transferable to any other project property or any changed condition of the applied project which increases required sewer capacity. Any attempt to transfer, sell, assign, or change as described in this section, renders the LOA null and void. (Ord. 83 § 5, 1983)

13.08.070 Reserve account.

A. When the unobligated sewer capacity available to the City reaches 30 equivalent dwelling units, the Director of Public Services shall place that number of equivalent dwelling units into a reserve account.

B. A letter of availability shall not be written against the reserve account.

C. The Director of Public Services shall allocate the reserve account to:

1. Failing septic systems; and

2. Single lateral, single-family dwellings. (Ord. 83 § 6, 1983)

13.08.080 Waiting list.

A. If the City has allocated all of its sewerage capacity, approved projects will be placed on a waiting list. The waiting list shall list only approved projects in the order of time they requested to be placed upon the list and paid the 20 percent sewerage reservation fee.

B. When capacity becomes available, projects on the waiting list will be allocated capacity subject to PMC 13.08.010 through 13.08.050, as set forth above in order of their position on the waiting list. (Ord. 83 § 7, 1983)