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Reso 1441 02/2014RESOLUTION NO. 1441 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT RESCINDING RESOLUTION NO. 1343 AND ESTABLISHING DISTRICT POLICY RELATING TO THE TIMING OF COLLECTION OF WATER AND WASTEWATER CAPITAL FACILITY FEES WHEREAS, the Vallecitos Water District ( "District') currently requires that all fees and charges are paid prior to Board approval of Development Agreements; and Water and Wastewater Capital Facility Fees are paid at the time building permits are issued. WHEREAS, the development community has raised concerns thatthe current policy of payment prior to building permit issuance increases building expense due to interest costs. Modifying the time when the Water and Wastewater Capital Facility Fees are collected will result in reduced development and end purchaser costs. WHEREAS, the Board of Directors finds that it will serve the best interests of the District to establish a policy of collecting Water and Wastewater Capital Facility Fees prior to final building inspection and /or utility release. WHEREAS, the Water and Wastewater Capital Facility Fees shall be due and payable in full prior to water and sewer service being established and the water services shall remain locked until payment is received. WHEREAS, Water and Wastewater Capital Facility Fees shall be based upon the District Ordinance in affect at the time fees are collected and service is established. Service shall only be provided through facilities accepted by the District Board of Directors. WHEREAS, the San Diego County WaterAuthority ( SDCWA) Water Capital Facility Fee shall be based upon the SDCWA policy in effect at the time the fees are collected. SDCWA policy currently requires collection of SDCWA fees concurrent with the Vallecitos Capital Facility Fees. WHEREAS, issuance of a building permit does not reserve, ensure or entitle the developer or applicant to either water or sewer service in the future. Service shall be provided in accordance with all policies in effect at the time Water and Wastewater Capital Facility Fees are paid and committed. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District that the timing of payment of Water and Wastewater Capital Facility fees shall be as follows: SECTION 1: Single family residential project/improvements on a single lot (services only): Water and Wastewater Capital Facility Fees shall be due and payable anytime prior to final building inspection and /or utility release. SECTION 2: Subdivisions (Parcel Maps): Water and Wastewater Capital Facility Fees for Subdivisions of five (5) or less parcels, as that term is defined in the California Subdivision Map Act, shall be due and payable any time prior to final building inspection and /or utility release for each building. Resolution No. 1441 Page 2 SECTION 3: Subdivisions (Final Maps): Water and Wastewater Capital Facility Fees for Subdivisions of more than five (5) parcels as that term is defined in the California Subdivision Map Act shall be due and payable any time prior to final building inspection and /or utility release for each building. ^; SECTION 4: Condominiums /Multi - Family /Commercial /Industrial (master meters): Water Capital Facility Fees for projects consisting of Condominiums, Multi - Family units, Commercial and Industrial uses with master meters, regardless of the number of units, shall be due and payable prior to final building inspection and /or utility release of the first unit or building. Wastewater Capital Facility Fees for the same project shall be due and payable prior to final building inspection and /or utility release for each building permit in a particular phase as determined and approved in the reasonable discretion of the District. SECTION 5: Condominium /Multi - Family /Commercial /Industrial (individual water meters and sewer laterals): Water and Wastewater Capital Facility Fees for projects consisting of Condominiums, Multi - Family units, Commercial and Industrial uses, which utilize individual water meters and sewer laterals, regardless of the number of units, shall be due and payable prior to final building inspection and /or utility release of each building per lot or phase as determined and approved in the reasonable discretion of the District. SECTION 6: Hotel /Motels: Water and Wastewater Capital Facility Fees for Hotel and Motel projects shall be due and payable at any time prior to final building inspection and /or utility release for any building within the project. SECTION 7: This Resolution shall be effective immediately upon passage. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on the 5th day of February, 2014, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: EVANS, HERNANDEZ, SANNELLA, MARTIN POLTL ATTEST: t Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District Hall' Martin, President Board of Directors Vallecitos Water District