HomeMy WebLinkAboutOrdinance No. 726 ORDINANCE NO. 726
AN ORDINANCE OF THE BOARD OF DIRECTORS OF
COUNTY SANITATION DISTRICT NO. 7 OF ORANGE
COUNTY, CALUORUM, AMENDING ORDINANCE
NO. 722 ESTABLISHING WASTEWATER DISCHARGE
REGUTATTONS FOR USE OF DISTRICT SEWERAGE
FACTnXTIES, AND RUEAIMiG ORDINANCE MD. 724
The Board of Directors of County Sanitation District No. 7 of Orange County,
California, does hereby FIND:
A. That a Conprehensive 30-year Master Plan of Capital Facilities entitled
"Collection, TreaLrent 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 developent of District and jointly awned
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 deened necessary to mamta;., 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 environment; and,
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E. That the District has, an July 19, 1989, adopted a Final Program
Emrironnantal Fact 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,
Enviro+ ental Fact 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 envirc:mental 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
Crdinance do not exceed the estimated amount required to provide the sewer
service for which the fee is levied, as provided in Goverrment Cede Sections
54991 and 54992.
NOW, THERITORE, The Board of Directors of County Sanitation District No. 7
of orange County, California, does hereby ORDAIN as follows:
Section 1. Section No. 702 of Ordinance No. 722 is hereby amended to
read:
"702. DISTRICT NO. 7 CAPITAL FACTTM7ES CGNNB TION CHARGES
A. District Connection Permit Required
No application for a permit for a connection to a District
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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 establisher]
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
commncing 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
ccQ ercial and industrial buildings, hotels and notels 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 minimim connection charge
for such new construction shall be $2,350.
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(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 ouch
replacement construction is coamenced 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 came 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 $2,350 for each dwelling unit added
or created, and, in the case of new construction other than
family dwelling 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 plumbing fixture units.
C. Annual Adiustment of Charces
Each year, co mencing 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 EM
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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 1, 1991.
Section 3. This Ordinance shall be effective July 1, 1991.
Section 4. Ordinance No. 724 is hereby repealed.
Section 5: If any provision or Section of this Ordinance is declared to be
unlawful, invalid, or do 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 it to be published in a newspaper of
general circulation within the County.
PASSED ABED ADOPTED by the Board of Directors of County Sanitation District
No. 7 of Orange County, California, at a regular meeting held April 10, 1991.
Chairman of the Hoard of D' -tors
County Sanitation District No. 7
of Orange County, California
ATTEST:
Secretary of the Board of Directors
County Sanitation District No. 7
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. 7 of Orange County, California, do hereby certify that
the above and foregoing Ordinance No. 726 was passed and adopted at a regular
meeting of said Board on the loth day of April , 1991, by the following vote,
to wit:
AYES: Richard B. Edgar, Chairman, Fred Barrera, John C. Cox, Jr. ,
Robert Richardson, Sally Anne Sheridan, Roger R. Stanton
and James A. Wahner
NOES: None
ABSTENTIONS: None
ABSENT: None
IN WITNESS WHEREOF, I have hereunto set my hand this loth day of April ,
1991.
Rita J. Brown
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Secretary of the Board of Directors
County Sanitation District No. 7
of Orange County, California