HomeMy WebLinkAboutOrdinance No. 313 ORDINANCE NO. 313
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 3 OF ORANGE
COUNTY, CALIFORNIA, AMENDING ORDINANCE NO.
311 ESTABLISHING WASTEWATER DISCHARGE
REGULATIONS FOR USE OF DISTRICT SEWERAGE
FACILITIES, AND REPEALING ORDINANCE NO. 312
The Board of Directors of County Sanitation District No. 3
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,
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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,
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as provided in Government Code Sections 54991 and 54992.
NOW, THEREFORE, The Board of Directors of County Sanitation
District No. 3 of Orange County, California, does hereby ORDAIN as
follows:
Section 1. Section No. 702 of Ordinance No. 311 is hereby
amended to read:
11702. DISTRICT NO. 3 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.
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(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
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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
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increment based on the change in the BNR
Construction Coat 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. 312 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.
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PASSED AND ADOPTED by the Board of Directors of County
Sanitation District No. 3 of Orange County, California, at a
regular meeting held May 9, 1990.
Chairman of the Board of Directors
County Sanitation District No. 3
of Orange County, California
ATTEST:
Secretary of the Board of Directors
County Sanitation District No. 3
of Orange County, California
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STATE OF CALIFORNIA)
) SS.
COUNTY OF ORANGE
I, RITA J. BROWN, Secretary of the Board of Directors of County
Sanitation District No. 3 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 313 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: Richard T. Polis, Chairman, Wes Bannister, A. B. "Buck"
Catlin, Norman E. Culver, Beth Graham, Don R. Griffin, Dan
Gr.iset, James Neal , Carrey J. Nelson, Iry Pickler, J. R. "Bob"
Siefen, Roger R. Stanton, Charles E. Sylvia, Paul Verellen,
Edna Wilson
NOES: None
ABSTENTIONS: None
ABSENT: Margaret Arnold
IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of May, 1990.
RitaV�J.✓ rows ,
Secretary of the Board of Directors
County Sanitation District No. 3
of Orange County, California