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HomeMy WebLinkAboutOrdinance No. 211 ORDINANCE NO. 211 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 2 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDINANCE NO. 208 ESTABLISHING WASTEWATER DISCHARGE REGULATIONS FOR USE OF DISTRICT SEWERAGE FACILITIES, AND REPEALING ORDINANCE NO. 209 The Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby FIND: A. That a Comprehensive 30-year Master Plan of Capital Facilities entitled "Collection, Treatment and Disposal Facilities Master Plan-1989", hereinafter the "Master Plan", which includes detailed financial and engineering reports has been prepared, approved and adopted by the Board of Directors setting forth and identifying the required future development of District and jointly owned facilities, including the financial projections for providing sewer service to all properties within the District service area; and, B. That the financial and engineering reports of the Master Plan have been made available to the public and been subject to noticed public hearings, all in accordance with the provisions of Government Code Section 54992 and other provisions of law; and, C. That the adoption of the proposed Capital Facilities connection charges will provide revenue to assist in the financing of Capital Facilities identified in the adopted Master Plan and deemed necessary to maintain service within the existing service area; and, 1 D. That the change in rate structure will not necessarily result in an expansion of facilities to provide for growth outside the existing service area. The adoption of these rates will not result in any specific project nor result in a direct physical change in the environment; and, E. That the District has, on July 19, 1989, adopted a Final Program Environmental Impact Report in accordance with legally required notices and public hearing, relating to the Master Plan including the financial program to implement the construction of capital facilities identified in the Master Plan; and, F. That the District either has or will produce Negative Declarations, Environmental Impact Reports or other CEQA compliance prior to the construction of any capital improvement project planned for in the District's adopted Master Plan; and, G. That the proposed increases in the capital facilities connection charges are established upon a rational basis between the fees charged each customer and the service and facilities provided to each new customer to the District; and, H. That the adoption of this Ordinance is statutorily exempt under the California Environmental Quality Act from further environmental assessment pursuant to the provisions of California Public Resources Code Section 21080(b) (8 ) and California Code of Regulations Section 15273(a) (4 ) ; and, I. That the new capital facilities connection fees established by this Ordinance do not exceed the estimated amount required to provide the sewer service for which the fee is levied, 2 as provided in Government Code Sections 54991 and 54992 . NOW, THEREFORE, The Board of Directors of County Sanitation District No. 2 of Orange County, California, does hereby ORDAIN as follows: Section 1. Section No. 702 of Ordinance No. 208 is hereby amended to read: 11702. DISTRICT NO. 2 CAPITAL FACILITIES CONNECTION CHARGES A. District Connection Permit Required No application for a permit for a connection to a District sewerage facility or to any sewerage facility which discharges into a District sewerage facility shall be considered until a District connection charge is paid by the applicant. No connection permit shall be issued unless there is an established use of the property to be served or a valid building permit issued which establishes the use of said property. B. District _Capital Facilities Connection Charge Amounts The following District connection charges are hereby established commencing January 1, 1990, and shall be paid to the District or to an agency designated by the District: ( 1) Capital facilities connection charge for new construction dwelling buildings: For each new dwelling unit constructed, the capital facilities connection charge shall be $2,280 per dwelling unit. 3 (2 ) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $2,280 per dwelling unit. (3) Capital facilities connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $460 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $2,280. (4 ) Capital facilities connection charge for replacement buildings: For new construction replacing former buildings, the capital facilities connection charge shall be calculated on the same basis as provided in Paragraphs 1 and 3 above. If such replacement construction is commenced within two years after demolition or destruction of the former building, a 4 credit against such charge shall be allowed and shall be the equivalent connection charge for the building being demolished or destroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charge. (5) Capital Facilities connection charges for additions or alterations of existing buildings: In the case of structures where further new construction or alteration is made to increase the occupancy of family dwelling buildings or the area of buildings to be used for other than family dwelling buildings, the capital facilities connection charge shall be $2,280 for each dwelling unit added or created, and, in the case of new construction other than family dwelling buildings, it shall be $460 per 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. C. Annual Adiustment of Charges Each year, commencing on July 1, 1990, and continuing thereafter on each July 1, the capital facilities connection fee shall be adjusted by an 5 increment based on the change in the ENR Construction Cost Index for Los Angeles over the prior year, and rounded to the nearest $10. However, the District Board of Directors may, at its option, determine, by resolution adopted prior thereto, that such adjustment shall not be effective for the next succeeding year, or may determine other amounts, as appropriate." Section 2: Fees established by Section 702 shall be effective July 11, 1990. Section 3 : This Ordinance shall be effective July 11, 1990. Section 4: Ordinance No. 209* is hereby repealed. Section 5: If any provision or Section of this Ordinance is declared to be unlawful, invalid, or in any manner unenforceable, then each and every other provision herein shall remain in force as though enacted independently. Section 6: The Secretary of the Board is hereby directed to certify to the adoption of this ordinance and cause a summary to be published in a newspaper of general circulation within the District as required by law. 6 PASSED AND ADOPTED by the Board of Directors of County Sanitation District No. 2 of Orange County, California, at a regular meeting held May 9, 1990. y Chairman of the Board of Directors County Sanitation District No. 2 of Orange County, California ATTEST: Secretary of the Board of Directors County Sanitation District No. 2 of Orange County, California 7 STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I, RITA J. BROWN, Secretary of the Board of Directors of County Sanitation District No. 2 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 211 was passed and adopted at a regular meeting of said Board on the 9th day of May, 1990, by the following vote, to wit: AYES: Iry Pickler, Chairman, Roland E. Bigonger, A. B. •Buck° Catlin, Dan Griset, William D. Mahoney, Robert H. Main, James Neal , Carrey J. Nelson, Arthur G. Newton, Don E. Smith, Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: Wayne Silzel IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 1990. RiRitn Secretary of the Board of Directors County Sanitation District No. 2 of Orange County, California