Part 2.75 — MONITORING SEWAGE TREATMENT DEMANDS OF LAND DEVELOPMENT AND

SUSPENSION OF BUILDING PERMITS UNDER CERTAIN CONDITIONS

It is the intent and purpose of this part to provide for the suspension of building permits and further land development within the City of San José when the volume or strength of sanitary sewage which will be generated by such development will cause the loadings at the San José-Santa Clara water pollution control plant to meet or exceed the aggregate operational capacity available for use by the City of San José.

(Ord. 20467.)

Unless otherwise indicated or required by the context, words and phrases used in this part shall have the definitions provided in Parts 1 and 2.5 of this chapter, or Chapter 15.16, or as follows:

A.

"Building permit" means a permit issued by the building official of the City of San José pursuant to Chapter 17.04.

B.

"Land development approvals" shall mean any prezoning, zoning, rezoning, or any discretionary permit, which for purposes of this part shall be limited to site development permits, exceptions, conditional use permits, PD permits and approvals of tentative subdivision maps.

(Ord. 20467.)

After the effective date of this part, all land development approvals and applications for such approvals in the City of San José shall provide notice to the applicant for or recipient of such approval that no vested right to a building permit shall accrue as the result of the granting of such approval when and if the city manager makes a determination that the cumulative sewage treatment demand on the San José-Santa Clara water pollution control plant represented by approved land uses in the area served by said plant will cause the total sewage treatment demand to meet or exceed the capacity of the San José-Santa Clara water pollution control plant to treat such sewage adequately and within the discharge standards imposed on the city by the state of California regional water quality control board for the San Francisco Bay region. Substantive conditions designed to decrease sanitary sewage associated with any land use approval may be imposed by the approving authority.

(Ord. 20467.)

All land development approvals and applications therefor shall be accompanied by the following language: "The land development approval which is the subject of Planning Department File No. _________ is subject to the operation of Part 2.75 of Chapter 12 of Title 15 of the San José Municipal Code. The applicant for or recipient of such land use approval hereby acknowledges receipt of notice that the issuance of a building permit to implement such land development approval may be suspended, conditioned or denied where the city manager has determined that such action is necessary to remain within the aggregate operational capacity of the sanitary sewer system available to the City of San José or to meet the discharge standards of the sanitary sewer system imposed by the California regional water quality control board for the San Francisco Bay region."

(Ord. 20467.)

The city manager of the City of San José may suspend, condition or deny any or all building permits as follows:

A.

The city shall develop and publish land use/effluent coefficients for calculating the sanitary sewage effluent of general plan uses. Each land use/effluent coefficient shall be the manager's best estimate of the volume of sewage which will be generated by the following general plan land uses at the time of occupancy: Rural residential, low density residential, medium-low density residential, medium density residential, medium-

high density residential, high density residential, very high density residential, neighborhood community commercial, regional commercial, general commercial, office, combined industrial commercial, industrial park, light industrial, heavy industrial, public/quasipublic, public park and open space, private open space, high schools, elementary schools, canneries, chemical plants, and electronic plants. Such coefficients and the list of general plan land uses may be revised by the city manager from time to time and will be assigned in the manager's discretion. The decision of the city manager with respect to land use/effluent coefficients to be assigned to specific general plan land uses shall be final. For purposes of this part, and using such land use/effluent coefficients or an estimate based on an actual land use represented by a specific proposal, the city manager shall assign to each application for a land development approval or a building permit, an estimate of the sanitary sewage effluent which will be generated by the said application. The city manager shall also assign an estimated time of occupancy for the land use contemplated by such application for a land development approval or building permit.

B.

Calculations of estimated effluent and date of occupancy shall be updated by the city manager from time to time as more reliable data becomes available.

C.

Whenever the aggregate sewage treatment demand represented by approved building permits meets the aggregate operational capacity of the plant available for use by the City of San José, the city manager shall direct the building official of the City of San José in writing to suspend the issuance of building permits except as hereinafter provided.

D.

Such suspension shall remain in effect until the city manager has determined that additional capacity is available to the City of San José and the San José-Santa Clara water pollution control plant, by virtue of recalculated data which is determined to be more reliable than previous data or by contracting for other capacity with other users of the San José-Santa Clara water pollution control plant, or upon the completion and operation of additional capital facilities at the San José-Santa Clara water pollution control plant, certified to add treatment capacity for the city by an engineering consultant retained by the city for the purpose of making such a certification and determination.

E.

During the period of suspension, the building official shall continue to receive applications for building permits, which applications shall be logged in chronological order.

F.

When additional capacity is determined to be available, pursuant to subparagraph D hereof, the city manager shall direct the building official in writing to proceed to issue building permits until the sewage estimated to be generated by such building permits meets the portion of total aggregate operational capacity available to the City of San José for such building permits. The building official shall proceed to approve building permits in chronological fashion, approving the oldest applications first, unless the city

council adopts by written resolution another method of assigning priority to the issuance of building permits after suspension.

G.

Any suspension of building permits pursuant to this part shall not apply to the following: A building permit for replacement, remodeling, or renovation of existing structures (or structures existing within six months of the application for a building permit), where the estimated sewage effluent for such proposed land use will not increase beyond the prior use of the land on which the construction represented by such building permit is proposed to be established. No replacement, remodeling, or renovation will be approved pursuant to this exemption where the land use represented by such building permit will have the effect of discharging sewage in excess of the sewage generated by the number of living units or living unit equivalents existing on the property immediately prior to such replacement, remodeling or renovation, or within six months of the date of application for such building permit.

(Ords. 20467, 20744, 20745.)

The provisions of this part shall be operative until further action of the city council.

(Ord. 20467.)