Preview
—— ALAMEDA COUNTY
i Po Box 2565
Ne)
Livermore, CA 94551 JUL 20 2022
Telephone: (949) 614-5205 CLERK Fhe LU Re COURT
| Plaintifé In Pro Per By : Deputy
(en
\ SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF ALAMEDA
| Case No.: No.
iRyan Gleason, nee’ 7 92 C V 0 1 48 5 8
Plaintiff,
COMPLAINT
County of Alamdeda, California Water 1. Injunctive Relief relative to
California GOV § 65852.2
; Service, and DOES 1-10,
i Defendant
Plaintiff Ryan Gleason alleges the following against Alameda County, California Water
et. al, on information and belief, formed after a reasonable inquiry under
the circumstances:
PARTIES AND VENUE
1. Ryan Gleason (“Plaintiff”) is an individual who resides in the City Of
i]
Livermore, County of Alameda, State of California.
Alameda County, et. al (“Defendant”) is a municipality in the State ong
3, Plaintiff pays for water service that is provided by Alameda County, through
i an affiliate known as Zone 7 Water District.
SUMMARY OF ALLEGATIONS
co
iff currently resides in the city of Livermore. Plain 1tiff obtains
ipal water service from California Water Service. Cali fornia Water
ice obtains their water from Alameda County, Zone 7 Wate x District.
aintiff obtained a building permit to construct new dwellings at his
oT
sidence, a 636 square foot Accessory Dwelling Unit, or ‘ADU’ and a 430
are foot Junior Accessory Dwelling or ‘JADU’. These structures are
covered in part by GOV § 65852.2, which provides avenues for’ home owners to
provide additional housing in the state, and cuts much of the red tape and
fees associated with new developments.
The t contacted California Water Service to begin the process of
OY
obtaining new water meters for the permitted dwellings. Plaintiff was
advised that in order to obtain new meters, Plaintiff would need to pay
water connection fees to Zone 7 Water District. The total cost of these
s was/is approximately:
Zone 7 5/8” Connection Fee: ~$35,0
California Water Service Meter: wus 866
Road Work/Construction: ~$20,000
Total Cost For One New Meter ~$70,000
The Plaintiff contacted Zone 7 Water District to inquire about the water
connection costs (Exhibit #1), and to seek relief from any connection
charges as stipulated in GOV § 65852.2.
efendant responded (Exhibit #2), stating that after review of GOV §$
fon)
Dy
ri
still valid and required to offset the
nod
52.2, the connection fees were
oO
Ul
t to operate the infrastructure. Plaintiff reviewed GOV § 65852.2 with
0
OoOrFOA
islature leaders and determined that Zone 7 Water District was likely
0
oOo
rating against state law as outlined in GOV § 65852.2, which states:
oO
(£) (1) Fees charged for the construction of accessory dwelling units shall
be determined in accordance with Chapter 5 (commencing with Section 66000)
and Chapter 7 (commencing with Section 66012).
(2) An accessory dwelling unit shall not be considered by a local agency,
special district, or water corporation to be a new residential use for
purposes of calculating connection fees or capacity charges for utilitie
including water and sewer service, unless the accessory dwelling unit was
constructed with a new single-family dwelling.
nits were not constructed with a new single-family dwelling.
(3) (A) A local ageney, special district, or water corporation shall not
impose any impact fee upon the development of an accessory verge teunit less
+
than 750 square feet. Any impact fees charged for an accessory dwelling 1 unit
of 750 square feet or more shall be charged proportionztely in relation to
the square footage of the primary dwelling unit.
These units are less than 750 sqf, 636 and 430 respectively.
(8) For purposes of this paragraph, “impact fee” has tne same meaning as the
eerm “fee” is defined in subdivision (b) of Section 66000, except that it
also includes fees specified in Section 66477. “Impact e s not include
any connection fee or capacity charge charged by 4 loce agency, special
xiet, or water corporation.
an accessory dwelling unit described in subparagraph (4) of paragraph!
ubdivision (e), a local agency, special district, or water
i corpo on shall not require the applicant to install a new or separate
connection Giractly between the accessory dwelling unit and the
|
ity ox impose a related connection fee or capacity charge, unless the
sory dwelling unit was constructed with a new single-family home.
|
TA Ss were not constructed with a new single-
j
(5 : acesssory dwelling unit that is not deaord (BK)
|
of waragraph (1) of subdivision (e), a local agency, i
t
wate gpeovation may require a new or separate utility }
i be accessory dwelling unit and the utility. Consistent with Section |
66 connection may be subject to a connection fee or capacity charge 1
i that shall be proportionate to the burden of the proposed accessory dwelling |
i unit, based upon either its square feet or the number of its drainage fixture
i mit (DFU) values, as denined in the Uniform Plumbing Code adopted and
by the Inte in id har i |
i
ane’ upon the
is not required to pay impact and/or conne
ired, then the amount shall be prop i
me was Plaintiff provided with 4 pz
‘hat the burden would be and h
000.
i PRAYER FOR RELIEF
| 9. As to Cause No 1, laintiff asks the court to
{ furnishing of yo. new water meters to sup
dwellings. Defendant to either waive the £
roportional calculation to be used to determin
: e the water district and provider. |
Ryan Gleason
Exhibits
1} Letter To Zone 7 Requesting Relief
2) Response from Zone 7 Requesting Relief
“er Service For ADU at 1652 Pine St
ee
oe t- Shae an
to obtain information for establishingnew water meters: —_ the ADU properties in development at
‘nore. The units are 606 saf (ADU) and 378 sqf (JADU) respe ctively. These units will be addressed
icates of oceupancy. |-contacted Cai Water to
orimary residence, and will receive. their own certifice
-¢ of applying for a new water meter, and.was toldthat in ordento ee fn the process s of planning for this,
: payment to Zone 7 fora ‘water’ connection fee’:«leisrny unders ing that
iéction fees, in accordance with Senate Bill 68: According to» this |
ancy, special district, or water corporation shallinat impgse-any impact. ies upon the
it teas than. 750 square feet. Any impact, fees.chargéc for.an accessory dwel
rged proportionately in relation to the square footage of the prir
the water connection fees imposed by Sone? citing the above state law. Please responc in
¢ davs as to Zone 7’s intent to. waliesthasereanes tion 1 "ees, In accordance with state iaw, and
or these new weter connections.»
* tae
rt ment of Housing and Urban peveling: Sut Site ofitttornia Attor: ney General
Cy
a5
i
yocuSign Envelope iD: 090451 CE-7AAD-40BE-AD86-363632C9B82A
CO North Canyons Parkway
Livermore, CA 94551
(825) 454-5000
March 30, 2022
Dear Mr. Gieason,
zone 7 re celvved your letter requesting relief from Zone 7 water connection fees for the accessory
ng unitsens) at your property located at 1652 Pine Street in Livermore. Although the
is dated February 28*, Zone 7 did not receive your letter until March 16" (see attached
ing
"g Information).
lerstand that you have requested new water service connections at two ADUs on your
sroperty, currently served by California Water Service Company, and believe that these
rections*e would be exemipt from Zone 7’s connection fees pursuant to state law.
ically,/, YOU quote the language of AB 68, codified at Government Code 6552.2 (f)(3)(A),
orovid Jes that a local agency“...shall not impose any impact fee upon the development of an
ry welling unit less than 750 square feet.”
= ?’s Water Connection Charge Ordinance does not require additional connection fees where
e connection or change to the existing connection size is required. When a customer
: new connection; however, the Ordinance applies. No exemption is available under AB
ise AB 68’s limitations on impact fees explicitly do not apply to connection fees charged
.gencies, special districts, or water corporations (see Government Code 65852.2
or exemption is therefore denied. If you have any questions, pleassé feel free to
, Ellis at 925-872-0039 or sellis@zone7water.com or rie at 925-454-5000 or
ne7water.com
Preview
—— ALAMEDA COUNTY i Po Box 2565 Ne) Livermore, CA 94551 JUL 20 2022 Telephone: (949) 614-5205 CLERK Fhe LU Re COURT | Plaintifé In Pro Per By : Deputy (en \ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ALAMEDA | Case No.: No. iRyan Gleason, nee’ 7 92 C V 0 1 48 5 8 Plaintiff, COMPLAINT County of Alamdeda, California Water 1. Injunctive Relief relative to California GOV § 65852.2 ; Service, and DOES 1-10, i Defendant Plaintiff Ryan Gleason alleges the following against Alameda County, California Water et. al, on information and belief, formed after a reasonable inquiry under the circumstances: PARTIES AND VENUE 1. Ryan Gleason (“Plaintiff”) is an individual who resides in the City Of i] Livermore, County of Alameda, State of California. Alameda County, et. al (“Defendant”) is a municipality in the State ong 3, Plaintiff pays for water service that is provided by Alameda County, through i an affiliate known as Zone 7 Water District. SUMMARY OF ALLEGATIONS co iff currently resides in the city of Livermore. Plain 1tiff obtains ipal water service from California Water Service. Cali fornia Water ice obtains their water from Alameda County, Zone 7 Wate x District. aintiff obtained a building permit to construct new dwellings at his oT sidence, a 636 square foot Accessory Dwelling Unit, or ‘ADU’ and a 430 are foot Junior Accessory Dwelling or ‘JADU’. These structures are covered in part by GOV § 65852.2, which provides avenues for’ home owners to provide additional housing in the state, and cuts much of the red tape and fees associated with new developments. The t contacted California Water Service to begin the process of OY obtaining new water meters for the permitted dwellings. Plaintiff was advised that in order to obtain new meters, Plaintiff would need to pay water connection fees to Zone 7 Water District. The total cost of these s was/is approximately: Zone 7 5/8” Connection Fee: ~$35,0 California Water Service Meter: wus 866 Road Work/Construction: ~$20,000 Total Cost For One New Meter ~$70,000 The Plaintiff contacted Zone 7 Water District to inquire about the water connection costs (Exhibit #1), and to seek relief from any connection charges as stipulated in GOV § 65852.2. efendant responded (Exhibit #2), stating that after review of GOV §$ fon) Dy ri still valid and required to offset the nod 52.2, the connection fees were oO Ul t to operate the infrastructure. Plaintiff reviewed GOV § 65852.2 with 0 OoOrFOA islature leaders and determined that Zone 7 Water District was likely 0 oOo rating against state law as outlined in GOV § 65852.2, which states: oO (£) (1) Fees charged for the construction of accessory dwelling units shall be determined in accordance with Chapter 5 (commencing with Section 66000) and Chapter 7 (commencing with Section 66012). (2) An accessory dwelling unit shall not be considered by a local agency, special district, or water corporation to be a new residential use for purposes of calculating connection fees or capacity charges for utilitie including water and sewer service, unless the accessory dwelling unit was constructed with a new single-family dwelling. nits were not constructed with a new single-family dwelling. (3) (A) A local ageney, special district, or water corporation shall not impose any impact fee upon the development of an accessory verge teunit less + than 750 square feet. Any impact fees charged for an accessory dwelling 1 unit of 750 square feet or more shall be charged proportionztely in relation to the square footage of the primary dwelling unit. These units are less than 750 sqf, 636 and 430 respectively. (8) For purposes of this paragraph, “impact fee” has tne same meaning as the eerm “fee” is defined in subdivision (b) of Section 66000, except that it also includes fees specified in Section 66477. “Impact e s not include any connection fee or capacity charge charged by 4 loce agency, special xiet, or water corporation. an accessory dwelling unit described in subparagraph (4) of paragraph! ubdivision (e), a local agency, special district, or water i corpo on shall not require the applicant to install a new or separate connection Giractly between the accessory dwelling unit and the | ity ox impose a related connection fee or capacity charge, unless the sory dwelling unit was constructed with a new single-family home. | TA Ss were not constructed with a new single- j (5 : acesssory dwelling unit that is not deaord (BK) | of waragraph (1) of subdivision (e), a local agency, i t wate gpeovation may require a new or separate utility } i be accessory dwelling unit and the utility. Consistent with Section | 66 connection may be subject to a connection fee or capacity charge 1 i that shall be proportionate to the burden of the proposed accessory dwelling | i unit, based upon either its square feet or the number of its drainage fixture i mit (DFU) values, as denined in the Uniform Plumbing Code adopted and by the Inte in id har i | i ane’ upon the is not required to pay impact and/or conne ired, then the amount shall be prop i me was Plaintiff provided with 4 pz ‘hat the burden would be and h 000. i PRAYER FOR RELIEF | 9. As to Cause No 1, laintiff asks the court to { furnishing of yo. new water meters to sup dwellings. Defendant to either waive the £ roportional calculation to be used to determin : e the water district and provider. | Ryan Gleason Exhibits 1} Letter To Zone 7 Requesting Relief 2) Response from Zone 7 Requesting Relief “er Service For ADU at 1652 Pine St ee oe t- Shae an to obtain information for establishingnew water meters: —_ the ADU properties in development at ‘nore. The units are 606 saf (ADU) and 378 sqf (JADU) respe ctively. These units will be addressed icates of oceupancy. |-contacted Cai Water to orimary residence, and will receive. their own certifice -¢ of applying for a new water meter, and.was toldthat in ordento ee fn the process s of planning for this, : payment to Zone 7 fora ‘water’ connection fee’:«leisrny unders ing that iéction fees, in accordance with Senate Bill 68: According to» this | ancy, special district, or water corporation shallinat impgse-any impact. ies upon the it teas than. 750 square feet. Any impact, fees.chargéc for.an accessory dwel rged proportionately in relation to the square footage of the prir the water connection fees imposed by Sone? citing the above state law. Please responc in ¢ davs as to Zone 7’s intent to. waliesthasereanes tion 1 "ees, In accordance with state iaw, and or these new weter connections.» * tae rt ment of Housing and Urban peveling: Sut Site ofitttornia Attor: ney General Cy a5 i yocuSign Envelope iD: 090451 CE-7AAD-40BE-AD86-363632C9B82A CO North Canyons Parkway Livermore, CA 94551 (825) 454-5000 March 30, 2022 Dear Mr. Gieason, zone 7 re celvved your letter requesting relief from Zone 7 water connection fees for the accessory ng unitsens) at your property located at 1652 Pine Street in Livermore. Although the is dated February 28*, Zone 7 did not receive your letter until March 16" (see attached ing "g Information). lerstand that you have requested new water service connections at two ADUs on your sroperty, currently served by California Water Service Company, and believe that these rections*e would be exemipt from Zone 7’s connection fees pursuant to state law. ically,/, YOU quote the language of AB 68, codified at Government Code 6552.2 (f)(3)(A), orovid Jes that a local agency“...shall not impose any impact fee upon the development of an ry welling unit less than 750 square feet.” = ?’s Water Connection Charge Ordinance does not require additional connection fees where e connection or change to the existing connection size is required. When a customer : new connection; however, the Ordinance applies. No exemption is available under AB ise AB 68’s limitations on impact fees explicitly do not apply to connection fees charged .gencies, special districts, or water corporations (see Government Code 65852.2 or exemption is therefore denied. If you have any questions, pleassé feel free to , Ellis at 925-872-0039 or sellis@zone7water.com or rie at 925-454-5000 or ne7water.com