HomeMy WebLinkAboutOrdinance No. 510 1 i
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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,
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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,
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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
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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-
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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
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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
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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.
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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
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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
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