ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI CLARIFYING
THE APPROPRIATE WATER CONNECTION FEE WITH MIXED METERS SERVING
FIRE FLOWS
WHEREAS, the California Building Code requires various fire prevention devices in new construction or significant remodels, including fire sprinkler systems; and WHEREAS, some construction types, including single family homes, only have a single water service to each lot with a mixed flow meter, serving both domestic uses as well as fire sprinkler systems; and
WHEREAS, the requirement for the water service to accommodate fire flows for sprinklers requires upsizing of the water meter to accommodate the higher flow in the case of a fire; and
WHEREAS, the water connection impact fee includes domestic and fire flow improvements, based on the domestic demands; and
WHEREAS, it is necessary to clarify that the water and sewer connection impact fees and the fixed water and sewer service charges should be based on the meter size required to service the anticipated domestic demands, not the potential fire flows; and WHEREAS, On June 13, 2023, the City Council unanimously introduced the draft Ordinance at a duly noticed public hearing; and
WHEREAS, the action of City Council to clarify the water connection fee with mixed fire flows and clarify the backflow testing ordinance does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are hereby declared to be true and correct findings of the City Council of the City of Cotati.
SECTION 2.
Sections 13.03.010, 13.03.210, 13.03.230, 13.20.060, and 13.42.060 of the Cotati Municipal Code are amended to read as shown in Exhibit A attached hereto and incorporated by this reference, with additions denoted by underlined text and deletions denoted by struck-through text.
SECTION 4. CEQA
This Ordinance has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. City Staff have determined that the adoption and implementation of the Ordinance is exempt from further environmental review under the general rule in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3) that CEQA only applies to projects that have the potential for causing a significant effect on the environment. As a text amendment and addition without any physical project being approved, it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment. The proposed Ordinance is therefore exempt from the provisions of CEQA because it does not involve a commitment to any specific project that may result in a potentially significant physical impact on the environment. The City Council concurs in these findings and adopts them as its own.
SECTION 5. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date.
This ordinance shall take effect thirty (30) days after passage thereof.
SECTION 7. Publication.
This ordinance shall be published in accordance with the provisions of Government Code Section 36933(c)(1).
SECTION 8. This Ordinance Prevails Where There is Conflict.
To the extent that this Ordinance conflicts with any other provision in the Cotati Municipal Code or city ordinance (urgency or otherwise), policy or regulation, this Ordinance will control.
Approved:________________________________
Mayor
Attest:____________________________
Kevin Patterson, Deputy City Clerk
Approved as to form:
___________________________
John Bakker, City Attorney
This document is a true and correct copy of Ordinance Number and has been published or posted pursuant to law. California Government Code § 40806
_______________________________
Kevin Patterson, Deputy City Clerk