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7A <br />Page 5 <br />A. ESTABLISHED. A water capacity charge is hereby established to provide <br />for capital facilities that improve the City's ability to supply water within the City's <br />service area, by increasing the supply available and reducing demand for potable <br />water. The water capacity charge shall be in addition to ail other fees and <br />charges specified in this chapter or otherwise provided far the use of the City's <br />water system. <br />B. AMOUNT. The water capacity charge is $11.58 per gallon per day of <br />projected consumption of water on the property to be connected to the water <br />system, as such projected consumption (both indoor and outdoor) is determined <br />by application of the factors sefi forth in Attachment Q of the City's Engineering <br />Standards. <br />C. WHEN PAYABLE. The water capacity charge shall be payable and <br />collected concurrently with the connection fees specified in Section 38.10 and the <br />facilities fees specified in Section 38.14. <br />D. APPLICABILITY. The water capacity charge applies to all new water <br />demand on the City's water system (potable and recycled water) in the service <br />areas 1, 2, 3, 4, 5, and 6 as established in section 38.1. <br />SECTION 2. SEVERABILiTY <br />if any section, subsection, provision or part of this ordinance, or its <br />application to any person or circumstances, is held to be unconstitutional or <br />otherwise invalid, the remainder of this ordinance, and the application of such <br />provision to other person or circumstances, shall not be affected. <br />SECTION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT <br />The Council finds that adoption of the water capacity charge is exempt <br />from the California Environmental Quality Act pursuant to Public Resources Code <br />Section 21080(b}(8} since it is intended to obtain funds for capital projects <br />necessary to maintain service within existing service areas. <br />SECTION 4. EFFECTIVE DATE <br />This Ordinance shall become effective on <br />[60 days after enactment]. <br />** <br />2007. <br />ATTY/ORD/ORD.279 <br />053107 <br />