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Exhibit A <br />San Leandro Administrative Code <br />Title 12 Public Works <br />Chapter 5 Uniform Wastewater Discharge Regulations <br />Section 12.5.115 Capacity Fees <br />(a) Any person (whether a new or existing user) who installs new or additional <br />fixtures, equipment, processes or devices, including provisions for future installation, <br />which will add (either in fact or potential) wastewater load to the sanitary sewer system <br />shall pay to the City a “Capacity Fee” as determined by the conditions and formula <br />hereinafter enumerated. No plumbing permit shall be issued nor shall any connection be <br />made to the sanitary sewer system until the applicable capacity fee has been paid. <br /> (b) The capacity fee for residential dwelling units shall be the appropriate unit cost as <br />listed in San Leandro Administrative Code §6.4.100. <br /> The capacity fee for converting an existing apartment building to condominium units <br />shall be as listed in San Leandro Administrative Code §6.4.100. Non-residential users <br />shall be assessed capacity f ees based on the estimated average day of their peak <br />month discharge according to the unit cost schedule as listed in San Leandro <br />Administrative Code §6.4.100, but in no case shall the fee for a new connection be less <br />than the single-family Residential discharge equivalency. <br /> (c) A capacity fee adjustment may be made at the end of one year of service for all <br />non-residential users to reflect the actual wastewater discharge based on monitored <br />wastewater discharged or metered water usage adjusted for volume not discharged to <br />the sanitary sewer system. If the estimated wastewater discharge is low, an additional <br />capacity fee shall be assessed. If the estimated wastewater discharge is high, the City <br />shall issue a refund to the user. <br /> (d) The City reserves the right to make an additional capacity fee assessment for an <br />existing sewer connection if the peak month flow or strength of discharge is increased <br />above that flow or strength upon which the original capacity fee was based. <br /> (e) Capacity fee receipts shall be deposited into a separate reserve account to be <br />used for future treatment facility expansion projects, or if no future expansion is <br />required, these funds may be used to finance other treatment facility improvement <br />projects or to retire the State Revolving Fund Loan. <br /> (f) Each sewer permit issued as herein provided, and the right to a sewer connection <br />pursuant to any such sewer permit so issued, shall run with the land, and shall not be <br />191