Loading...
HomeMy WebLinkAboutOrdinance No. 510 1 i Ir ORDINANCE NO. 510 AN URGENCY ORDINANCE OF THE BOARD OF DIREC- TORS OF COUNTY SANITATION DISTRICT. NO. 5 OF ORANGE COUNTY, CALIFORNIA, AMENDING ORDI- NANCE NO. 508 ESTABLISHING SEPARATE ZONES FOR DRAINAGE AREAS WITHIN THE DISTRICT, ESTAB- LISHING .A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS, AND TEMPORARILY SUSPENDING THE ISSUANCE OF SEWER CONNECTION PERMITS WITH THE EXCEPTION OF CERTAIN SPECI- FIED PROJECTS WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 508; and, WHEREAS, in recent years, great amounts of residential, commercial, office and industrial development have occurred within the District; and, WHEREAS, the District's Chief Engineer has prepared a report establishing that existing trunk sewer facilities in certain areas of the District are operating at maximum capacity; and, WHEREAS, the District has determined that the area designated as the Big Canyon - Jamboree Road Drainage Area presently has approximately 400+ acres of undeveloped land, for which plans are being formulated and considered for development of approximately 1400 new residential dwelling units and approxi- mately 650,000 square feet of commercial and office space; and, WHEREAS, the District has completed a study of necessary facilities in the Big Canyon - Jamboree Road Drainage Area, in order to provide sewer service to the lands to be developed in the future; and, WHEREAS, the District determines that the sewer service needs through- out the District vary considerably; and, WHEREAS, District has adopted a schedule of fees to be paid for connecting to the District facilities, which fees are used by District to pay for costs of construction of trunk sewers and facilities; and, 1 WHEREAS, the District has determined that the cost of construction of additional necessary trunk sewer facilities will be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and, WHEREAS, the creation of separate zones within the District will allow for better planning and development of the sewage facilities; and, WHEREAS, the District determines that until such time as necessary additional sewage facilities are constructed within the Big Canyon - Jamboree Road Drainage Area, no further permits shall be issued for sewer connections in order to prevent sewage overflows that could endanger the public health, safety and welfare unless the project requiring such a permit is one of the hereinafter described projects which the District has determined to have substantially completed its planning and processing approvals with the City of Newport Beach and which, in fairness, justifies the granting of a sewer connection permit; and, WHEREAS, the Harbor Ridge Residential Development, shown and identi- fied as Area #1 on Exhibit "B", is such a project in which 245 units of 329 planned dwellings have been completed; and for which all planning is completed and all building permits may be issued for the remaining 84 dwelling units pursuant to an approved record final tract map; and, WHEREAS, the Harbor Hill Development, shown and identified as Area #2 on Exhibit "B", is such a project consisting of 41 single family dwelling units for which a final tract map has been approved and all planning has otherwise been completed; and, WHEREAS, the Sea Island Development, shown and identified as Area #8 on Exhibit "B", is such a project consisting of 132 dwelling units for which planning and zoning approvals are substantially completed; a tentative sub- division map is approved, and which has already completed 95% of its project grading pursuant to a plan approved by the City; and, 2 WHEREAS, the Big Canyon Area Development, shown and identified as Area #13 on Exhibit "B", is such a project for which a maximum of 10 custom building sites are remaining to be built upon and for which all planning has been completed and a final tract map recorded; and, WHEREAS, the Civic Plaza Development, shown and identified as Area #12 on Exhibit "B", is such a project which consists of commercial development of approximately 235,000 square feet in area for which all planning and land use approvals for approximately 30% thereof or 75,000 square feet have been received including a final parcel map; and, WHEREAS, the Pacific Mutual Development, shown and identified as Area ff11-South on Exhibit "B", is such a project which consists of commercial development of approximately 245,000 square feet in area which has completed all planning, zoning and land use approvals including a final record parcel map; and, WHEREAS, the Pacific Mutual project is located within the Zone 2 drainage area but is uniquely located to enable it to obtain sewer service through an alternate facility—namely, the City of Newport Beach Newport Center Drive collection line; and, WHEREAS, the District finds that the Pacific Mutual site should remain within Zone 2 to insure sound engineering and equitable financial planning, notwithstanding that an alternate source of sewage disposal may be available from its site, although ultimately connecting to the District's facilities; and, WHEREAS, the Baywood Development shown and identified as Area #6 on Exhibit "B", is such a project consisting of 68 residential dwelling units for which planning, zoning and land use, including parcel map, approvals are substantially complete; and, WHEREAS, the Ford Aeroneutronic Development, shown and identified as 3 Area #14 on Exhibit 'B", is such a project which consists of proposed commercial development of 331,000 square feet in area of which all planning and land use approvals, including a final record parcel map have been received for approxi- mately_15% thereof or 50,000 square feet for a single warehouse structure; and, WHEREAS, the District has determined that the existing capacity in the existing trunk sewer facilities will accommodate the above-referenced excepted projects for a short interim period until the additional facilities are constructed. NOW, THEREFORE, the Board of Directors of County Sanitation District No. 5 of Orange County, California, DOES HEREBY ORDAIN: Section 1: Ordinance No. 508 is hereby amended by adding Section 103 thereto to read: "103. The District is divided into three (3) separate zones for purposes of development and regulation of sewage facility use. Said zones are established as follows: Zone 1: All that territory within the District exclusive of that territory within Zones 2 and 3; Zone 2: All that certain territory described as the Big Canyon - Jamboree Road Drainage Area; Zone 3: All that certain territory described as the Newport South Coastal Area. The precise boundaries of each of the above zones are set forth and shown on Exhibit "A", incorporated herein by this reference." Section 2: Section 402 of Ordinance No. 508, as amended by Ordinance No. 509, is hereby amended to read: 11402. DISTRICT NO. 5 CONNECTION CHARGES 1. District Connection Charges Before any connection permit shall be issued, the appli- 4 cant shall pay to the District, or its agent, the charges specified herein. (a) For each new family dwelling building constructed, the connection charges shall be: Zones 1 and 3 - $250.00 per dwelling unit. Zone 2 - $850.00 per dwelling unit. (b) For all other new construction, including but not limited to commercial and industrial buildings, hotels and motels and public buildings, the connection charges shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of floor area contained within such construction, pro- vided that the minimum connection charge for such new construction shall be $130.00. Zone 2 - $440.00 per 1,000 square feet of floor area contained within such construction, provided that the minimum Connection charge for such new con- struction shall be $440.00. (c) For new construction replacing former buildings, the connection charge shall be calculated on the same basis as provided in paragraphs (a) and (b) above. If such replacement construction is commenced within two years after demolition or destruction of the former building, a credit against such charge shall be allowed, calculated on the basis of the current connection charge applicable for the new construc- tion of the building demolished or destroyed. In no 5 case shall such credit exceed the connection charge. (d) in the rase of structures where further new con- struction 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 connection charge shall be Zones 1 and 3 -$250.00 for each dwelling unit added or created. Zone 2 - $850.00 per dwelling unit. In the case of new construction other than family dwelling buildings, it shall be: Zones 1 and 3 - $130.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain additional fixture units. Zone 2 - $440.00 per 1,000 square feet of additional floor area contained within such new construction provided that new construction shall contain ad- ditional fixture units. (e) Payment of connection charges shall be required at the time of issuance of the building permit for all construction within the District, excepting in the case of a building legally exempt from the require- ment of obtaining a building permit in the City of Newport Beach. The payment of the sewer con- nection charge for such exempt buildings will be required at the time of or prior to the issuance of a 6 plumbing connection permit for any construction within the District. - (f) A schedule of charges specified herein will be on file in the office of the Secretary of the District and the Building Department of the City of Newport Beach." Section 3: Ordinance No. 508 is hereby amended by adding Section 403 thereto to read: "403.SUSPENSION OF ISSUANCE OF CONNECTION PERMITS-ZONE 2. Notwithstanding any provision of this Ordinance or Ordinance No. 508 to the contrary, no connection permit for connection to the District 5 facilities shall be issued for any building located within Zone 2 after the effective date of this Ordinance, except as provided below. Exception: In recognition of and based upon the findings recited herein- above, the following projects within Zone 2 are excepted from the provisions of this Section and will be entitled to a connection permit subject to the payment of connection charges as prescribed in Section 402: 1. The Harbor Ridge Residential Development-Area Sl. 2. The Harbor Hill Residential Development-Area #2. 3. The Sea Island Residential Development-Area #8. 4. The Big Canyon Residential Development-Area #13. 5. The Pacific Mutual Commercial Development-Area #11-South. 6. The Civic Plaza Commercial Development-Area #12. A maximum of 75,000 square feet are excepted. All remaining proposed development consisting of approximately 160,000 square feet is governed by the temporary suspension. 7 7. Baywood Residential Development-Area #6. 8. Ford Aeroneutronic Development-Area #14. A maximum of 50,000 square feet are excepted. All remaining proposed development consisting of approximately 191,000 square feet is governed by the temporary suspension. All of the above project developments are identified by name and shown on the map attached hereto as Exhibit 'B" and incorporated herein by reference. Exception: The owner or developer of any property subject to the temporary suspension provided by this Ordinance may submit an application to the Board of Directors for a specific exception based upon providing interim or alternative facilities or methods of disposing of the project wastewater. The granting of any such specific exception shall be based upon a finding that the alternate facilities or methods are in accordance with all requirements of the District, the County Health Department, the Santa Ana Regional Water Quality Control Board, the State Water Resources Control Board and any other regulatory body having jurisdiction over District operations, and finding further that the District reasonably expects to have permanent additional facilities available to serve the project in a known period of time." Section 4: It is hereby declared to be the intent of the Board of Directors of this District that the temporary suspension of issuance of connection permits as provided in Section 403 will be repealed by action of the Board of Directors at the time of awarding a construction contract that will provide the needed additional sewage facilities within Zone 2. Section 5: It is hereby declared to be the intent of the Board of Directors that the temporary suspension imposed by this Ordinance shall qualify for the 8 tolling provisions of Government Code Section 66452.6(a). Section 6: Ordinance No. 509 is hereby repealed. Section 7: 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 8: This Ordinance is adopted as an urgency measure and shall take effect immediately upon its adoption as a measure necessary to preserve the public health, safety and welfare. The facts constituting the urgency are that the existing trunk sewer facilities are operating at maximum capacity and the connection of any additional buildings will most certainly cause overflows of sewage into the public domain. During the rainy season of winter, 1979, certain limited overflows did occur, and with the pending wet weather, it is necessary to take all available measures to insure that no overflows occur that could injure the health of humans. The Secretary of the Board is directed to certify to the adoption of this Ordinance and cause it to be published in a newspaper of general circulation within the County. PASSED AND ADOPTED at an adjourned regular meeting of the Board of Directors of County Sanitation District No. 5 of Orange County, California, this 15th day of .Tanuary, 1980. C & Q X?LVL-� Chairman o rd of Directors County Sanitation District No. 5 of Orange County, California ATTEST: Secr6iar� of t Board of Directors C ' y S nita on District No. 5 of/Oran a County, California 9 STATE OF CALIFORNIA) COUNTY OF ORANGE ) I, J. WAYNE SYLVESTER, Secretary of the Board of Directors of County Sanitation District No. 5 of Orange County, California, do hereby certify that the above and foregoing Ordinance No. 510 was passed and adopted at an adjourned regular meeting of said Board on the 15th day of January, 1980, by the following vote, to wit: AYES: ,Directors Paul Ryckoff, Donald Strauss and Thomas F. Riley NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my he d this 15th day of January, 1980. y I Syly ter ret y of a Board of Directors nt Sanitation District No. 5 of Orange County, California LEGEND EXISTING DISTRICT NO. 5 BOUNDARY - ZONES 1,2 AND 3 BOUNDARIES ell 0001-< ooe ,Ke . { dry. % i .��• \.. \ #!( H rye- ��, ,� ; - C\` _ _ _ o ] ' ZONE 41 17 �i .. 6 _ E X H I B I T ..A.. ORDINANCE N0 . 510 -_ ti0 ma, - - 0 2000 4000 6000 GRAPHIC SCALE JANUARY, 1980 t t #cbow ,we z J '.. y fl N 1 0 � p � ' w op it 1 J 1 1 n to on mN r yy c c 0 T x 00 •h". 1 O -1 fA m m c z m zc v � mD zm G) \�` . 1 OT m Z Z m m D N m N 1 N p N O D m C 0 m m O T O _ 1 F < z v 0 `%' Cro oTm zT D op ov cnD mp z I00 Zm Fm � 3 0 1 op Z Z m m O z m 1 ; z m O O CD Z T D 0 Z z m z x 3 D D m av m m 3 0 O m c p 0 x N Z 3 N m D ox c mC, m Z w e N D Z z "O z m D N z n o m m N < z z 0 u 0