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HomeMy WebLinkAboutOrdinance No. 524 ORDnWM NO. 524 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 5 OF ORANGE COUNTY, CALIFCRNTA, AMENDING ORDINANCE NO. 520 ESTABLISHING WASTEWATER DISCHARGE REGUTATiONS FOR USE OF DISTRICT SEWERAGE FACn.r=, AND REPEAIMM ORDINANCE NO. 522 The Board of Directors of County Sanitation District No. 5 of orange County, California, does hereby Flo: 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, 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 e`rviroiment, and, -1- E. That the District has, on July 19, 1989, adopted a Final Program Environmental Impart 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 Tact Reports or other CMN 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 erniromrental 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, as provided in Goverment Code Sections 54991 and 54992. NOW, M REEORE, The Board of Directors of County Sanitation District No. 5 of orange County, California, does hereby ORDAIId as follows: Section 1. Section No. 702 of Ordinance No. 520 is hereby amended to read: "702. DISTRICT NO. 5 CAPITAL FACILITIES CCM=ON CFI A. District Connection Permit Required No application for a permit for a connection to a District -2- 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 c mnwnring July 1, 1991, 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 $2,350 per dwelling unit. (2) Capital facilities connection charge for existing dwelling buildings: For the connection of each existing dwelling building, the capital facilities connection charge shall be $2,350 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 cammiernial and industrial buildings, hotels and motels and public buildings, the capital facilities connection charge shall be $470 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $2,350. -3- (4) Capital facilities connection charge for repl.aca:ent buildings: Far 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 cmmenced. within two years after demolition or destruction of the former building, a 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 dulling buildings, the capital facilities connection charge shall be $2,350 for each dulling unit added or created, and, in the case of new construction other than family dulling buildings, it shall be $470 per 1,000 square feet of additional floor area contained within such new construction, provided such new construction shall contain additional plunbing fixture units. c. Annual Adiustment of Chames Each year, concencing on July 1, 1990, and continuing thereafter on each July 1, the capital facilities connection fee shall be adjusted by an increment based on the change in the ENR -4- Construction Cost Index for Los Angeles over the prior year, and rounded to the nearest $10. H , the District Hoard 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 1, 1991. Section 3. This Ordinance shall be effective July 1, 1991. Section 4. Ordinance No. 522 is hereby repealed. Section 5: If airy 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 Hoard is hereby 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 ADOPIED by the Board of Directors of County Sanitation District No. 5 of Orange County, California, at a regular meeting held April 10, 1991, f to Board of Directors County Sanitation District No. 5 of Orange County, California ATIEST: Secretary of tMe Board of Directors County Sanitation District No. 5 of Orange County, California -5- STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I , RITA J. BROWN, 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. 524 was passed and adopted at a regular meeting of said Board on the 10th day of April , 1991, by the following vote, to wit: AYES: Evelyn Hart, Chairman, Phil Sansone and Roger R. Stanton NOES: None ABSTENTIONS: None ABSENT: None IN WITNESS WHEREOF. I have hereunto set my hand this IOth day of April , 1991. Rita J. Brown Secretary of the Board of Directors County Sanitation District No. 5 of Orange County, California