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Home My WebLink AboutOrdinance No. 720 ORDINANCE NO. 720 AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA AMENDING ORDINANCE NO. 718 ESTABLISHING SEPARATE ZONES WITHIN THE DISTRICT AND ESTABLISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS AND REPEALING ORDINANCE NO. 719 WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 718; and WHEREAS, the Consolidated Master Plan of Trunk Sewer Facilities, adopted in December, 1982 , identified the required trunk and subtrunk sewer facilities to serve the District, based on the projected land use planning at that time; and WHEREAS, in recent years, great amounts of commercial , of- fice and industrial development have occurred within the Dis- trict, yielding significantly greater densities for individual parcels than the average for that area, as identified in the Consolidated Master Plan of Trunk Sewer Facilities; and WHEREAS, the District previously prepared a report establishing that existing trunk and subtrunk sewer facilities in certain areas of the District were operating at maximum capacity and require additional capacity to accommodate planned development within the District; and WHEREAS, the District determined that plans had been formu- lated and considered in the area designated as the Irvine Busi- ness Complex Area which would add approximately 17 ,557 ,000 square feet of commercial, office and industrial space to the area; and WHEREAS, the District completed a study of necessary facilities in the Irvine Business Complex Area, in order to provide sewer service to the lands to be developed in the future; and WHEREAS, the District determined that the sewer service needs throughout the District vary considerably; and WHEREAS, the District adopted a schedule of fees to be paid for connecting to the District ' s facilities, which fees are to be used by the District to pay for the cost of construction of trunk and subtrunk sewer facilities; and WHEREAS, the District determined that the cost of construc- tion of additional necessary trunk and subtrunk sewer facilities would be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and WHEREAS, by the adoption of Ordinance No. 719, District established separate zones within the District and established a schedule of fees for issuance of sewer connection permits; and WHEREAS, since the adoption of Ordinance No. 719, creating separate zones within the District, significant land use changes have occurred in the southern portion of District No. 7 in the area adjacent to the Irvine Business Complex and the San Diego and Newport Freeway corridors, with the anticipated development of great amounts of commercial, office and industrial space which will generate more wastewater than was originally anticipated in the Consolidated Master Plan of Trunk Sewer Facilities and requiring the construction of additional relief facilities not identified in said Master Plan; and WHEREAS, in order to provide equity between new development and territory currently located in Zone 2 of District, the Dis- trict has determined that Zone 2 within District should be ex- 2 panded to include anticipated commercial development but ex- cluding residential areas, so that connection fees in the ex- panded portion of Zone 2 will be consistent with the remainder of zone 2 . NOW, THEREFORE, 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. 718 is hereby amended to read: "702. DISTRICT NO, 7 CONNECTION CHARGES A. The District is divided into two (2) separate zones for purposes of development and regulation of sewage facility use. Said zones are established as follows: Zone l: All that territory within the District, exclusive of that ter- ritory within Zone 2; Zone 2; All that territory described as the Irvine Business Complex Area, and the territory adjacent to the Irvine Business Complex and San Diego and Newport Freeway corri- dors. The precise boundary of zone 2 is set forth and shown on Exhibit 'A' attached hereto and incorporated herein by this reference. 3 B. District Connection Charges. Before any connection permit shall be is- sued, the applicant shall pay to the District, or its agent, the charges specified herein: 1. Connection charge for new construc- tion, dwelling buildings: For each new dwelling unit constructed, the connection charge shall be $250 .00 per dwelling unit. 2 . Connection charge for existing dwel- ling buildings : For the connection of each existing dwelling building, the connection charge shall be $250 .00 per dwelling unit. 3. Connection charge for new construction and existing structures, other than dwelling buildings: For all other new construction, in- cluding but not limited to commercial and industrial buildings, hotels and motels, and public buildings, the connection charge shall be : Zone l: $50 .00 per 1,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such 4 new construction shall be $250.00; Zone 2: $180 .00 per 1 ,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $250.00. 4 . Connection charge for replacement buildings : For new construction replacing former buildings, the 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 demo- lition 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 de- stroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charge. 5 5 . Connection charges for additions or alteration of existing buildings: In the case of structures where fur- ther new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the connection charge shall be : Zone 1: $250.00 for each dwelling unit added or created, and, in the case of new construc- tion other than dwelling buildings, it shall be $50 .00 per 1 ,000 square feet of additional floor area contained within such new construction, provided such new construction shall con- tain additional plumbing fixture units; Zone 2: $250 .00 for each dwelling unit added or created, and, in the case of new construc- tion other than dwelling buildings, it shall be $180 .00 per 1 ,000 square feet of additional floor 6 area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. 6 . Trunk connection charge, residential uses: Family dwelling unit: $6.00 per front foot for the real property fronting on and connecting to a trunk sewer, pro- vided that no such charge shall be less than $400.00 plus the applicable regular connection charge for dwelling units hereinabove specified. 7 . Connection charge, off-site sewers not a part of Master Plan relative to reimbursement agreements: The charges for connections to off- site sewers which are not included as a part of the District Master Plan and for which a Non-Master Plan Reimburse- ment Agreement has been entered into between the District and the property owner shall be in the amount provided for in said Agreement. The amount set forth in said Agreement shall be the amount due whether the original Agree- 7 ment is still in force, has been ex- tended, or has expired. These connec- tion charges shall be in addition to any other charges hereinabove estab- lished for the property connecting to said facilities. B. Trunk connection charge, commercial or industrial establishments: $10.00 per front foot for the real property fronting on and connecting to a trunk sewer, provided that no such front foot charge shall be less than $500.00, plus the applicable regular connection charge for new construction and existing structures other than dwelling buildings hereinabove speci- fied. 9 . Assessment District connection charge: The regular connection charges pro- vided in the preceding subsections of this Article, plus a sum of money equal to the assessment charge without interest, or Treasuxer' s charge which would have been made against the real property on which said improvements are located had said real property been assessed within the Assessment District which constructed or acquired 8 the Assessment District sewer to which connection is made. " Section 2: Ordinance No. 719 is hereby repealed. Section 3: 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. 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, and said Ordinance shall be effective thirty ( 30) days after its adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting of the Board of Directors of County Sanitation District No. 7 of Orange County, California, held July 9 , 1986 . " Chairman of the Boa of Directors, County Sanitation Dr trict No. 7 of Orange County, California Secretary of the Board of Directors, County Sanitation District No. 7 of Orange County, California (37) 9 EXHIBIT "A" County Sanitation District No. 7, Zone 2 All those certain lands located within the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine and Tustin and the Unincorporated Territory of the County of orange, State of California, described as follows: Beginning at a point in the existing boundary line of County Sanitation District No. 7 as established by withdrawal Resolution No. 336-7, said point being the northerly corner of Block 57 of Irvine's Subdivision as shown on a map filed in Book 1 , page 88 of Miscellaneous Records Maps in the office of the county recorder of said county; thence following along said existing boundary line of said District No. 7 through it' s various courses in a general northeasterly and northwesterly direction to the southerly corner of "Annexation No. 39 - Irvine Industrial" of said District No. 7; thence following along said existing boundary line of said District No. 7 per said Annexation No. 39 through it' s various courses in a general northeasterly, northwesterly, southwesterly, southeasterly and southwesterly direction to the northeasterly line of the right-of-way, 100 feet wide, of the Atchison, Topeka and Santa Fe Railway Company; thence northwesterly along said northeasterly right-of-way line to an angle point in the existing boundary line of said District No. 7, said angle point being at the northerly corner of Block 10 , of said Irvine' s subdivision; thence following along 1 said existing boundary line of said District No. 7 through it' s various courses in a general southwesterly and westerly direction to an angle point in said existing boundary line, said angle point being the northwesterly corner of Section 34, T55, R10W, S.B.B.M. ; thence continuing along said existing boundary line of said District No. 7 through it's various courses in a general southerly and southeasterly direction to the northwesterly line of Block 57, of said Irvine' s subdivision; thence continuing northeasterly along said existing boundary line of said District No. 7 and along said northwesterly line of Block 57 to the point of beginning. Keith F. Bush LS 4406 OC-007-141-00 2 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. 720 was passed and adopted at a regular meeting of said Board on the 9th day of July, 1986, by the following vote, to wit: AYES: Directors Richard B. Edgar, Chairman, Dan Griset, Philip Maurer, Don E. Smith, Roger R. Stanton and James A. Wahner NOES: None ABSTENTIONS: None ABSENT: Director Sally Anne Miller IN WITNESS WHEREOF, I have hereunto set my hared this 9th day of July, 1986. Rita J. Brown Secretary of the Board of Directors County Sanitation District No. 7 of Orange County, California ORDINANCE NO. 720 _ AN ORDINANCE OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO. 7 OF ORANGE COUNTY, CALIFORNIA AMENDING ORDINANCE NO. 718 ESTABLISHING SEPARATE ZONES WITHIN THE DISTRICT AND ESTABLISHING A SCHEDULE OF FEES FOR ISSUANCE OF SEWER CONNECTION PERMITS AND REPEALING ORDINANCE NO. 719 WHEREAS, the use of District sewage facilities are generally regulated by the provisions of Ordinance No. 718; and WHEREAS, the Consolidated Master Plan of Trunk Sewer Facilities, adopted in December, 1982 , identified the required trunk and subtrunk sewer facilities to serve the District, based on the projected land use planning at that time; and WHEREAS, in recent years, great amounts of commercial, of- fice and industrial development have occurred within the Dis- trict, yielding significantly greater densities for individual parcels than the average for that area, as identified in the Consolidated Master Plan of Trunk Sewer Facilities; and WHEREAS, the District previously prepared a report establishing that existing trunk and subtrunk sewer facilities in certain areas of the District were operating at maximum capacity and require additional capacity to accommodate planned development within the District; and WHEREAS, the District determined that plans had been formu- lated and considered in the area designated as the Irvine Busi- ness Complex Area which would add approximately 17 ,557 ,000 square feet of commercial, office and industrial space to the area; and WHEREAS, the District completed a study of necessary facilities in the Irvine Business Complex Area, in order to provide sewer service to the lands to be developed in the future; and WHEREAS, the District determined that the sewer service needs throughout the District vary considerably; and WHEREAS, the District adopted a schedule of fees to be paid for connecting to the District ' s facilities, which fees are to be used by the District to pay for the cost of construction of trunk and subtrunk sewer facilities; and WHEREAS, the District determined that the cost of construc- tion of additional necessary trunk and subtrunk sewer facilities would be unable to be met if the present connection fee schedules, used to finance such projects, remain unchanged; and WHEREAS, by the adoption of Ordinance No. 719, District established separate zones within the District and established a schedule of fees for issuance of sewer connection permits; and WHEREAS, since the adoption of Ordinance No. 719, creating separate zones within the District, significant land use changes have occurred in the southern portion of District No. 7 in the area adjacent to the Irvine Business Complex and the San Diego and Newport Freeway corridors, with the anticipated development of great amounts of commercial , office and industrial space which will generate more wastewater than was originally anticipated in the Consolidated Master Plan of Trunk Sewer Facilities and requiring the construction of additional relief facilities not identified in said Master Plan; and WHEREAS, in order to provide equity between new development and territory currently located in Zone 2 of District, the Dis- trict has determined that Zone 2 within District should be ex- 2 panded to include anticipated commercial development but ex- cluding residential areas, so that connection fees in the ex- panded portion of Zone 2 will be consistent with the remainder of Zone 2 . NOW, THEREFORE, the Board of Directors of County Sanitation District No. 7 of Orange County, California, does hereby ORDAIN as follows: Section I: Section No. 702 of Ordinance No. 718 is hereby amended to read: "702, nTSTRTCT NO. 7 CONNECTION CHARGES A. The District is divided into two (2) 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 ter- ritory within Zone 2; Zone 2: All that territory described as the Irvine Business Complex Area, and the territory adjacent to the Irvine Business Complex and San Diego and Newport Freeway corri- dors. The precise boundary of Zone 2 is set forth and shown on Exhibit 'A' attached hereto and incorporated herein by this reference. 3 B. District Connection Charges. Before any connection permit shall be is- sued, the applicant shall pay to the District, or its agent, the charges specified herein: 1 . Connection charge for new construc- tion, dwelling buildings : For each new dwelling unit constructed, the connection charge shall be $250 .00 per dwelling unit. 2 . Connection charge for existing dwel- ling buildings : For the connection of each existing dwelling building, the connection charge shall be $250 .00 per dwelling unit. 3 . Connection charge for new construction and existing structures, other than dwelling buildings : For all other new construction, in- cluding but not limited to commercial and industrial buildings, hotels and motels, and public buildings, the connection charge shall be : Zone l: $50 .00 per 1 ,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such 4 new construction shall be $250 .00; Zone 2: $180 .00 per 1 ,000 square feet of floor area contained within such construction, provided that the minimum connection charge for such new construction shall be $250.00 . 4 . Connection charge for replacement buildings : For new construction replacing former buildings, the 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 demo- lition 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 de- stroyed, calculated on the basis of current charges for new construction. In no case shall such credit exceed the connection charge. 5 5 . Connection charges for additions or alteration of existing buildings: In the case of structures where fur- ther new construction or alteration is made to increase the occupancy of dwelling buildings or the area of buildings to be used for other than dwelling buildings, the connection charge shall be : Zone l: $250.00 for each dwelling unit added or created, and, in the case of new construc- tion other than dwelling buildings, it shall be $50 .00 per 1 ,000 square feet of additional floor area contained within such new construction, provided such new construction shall con- tain additional plumbing fixture units; Zone 2: $250.00 for each dwelling unit added or created, and, in the case of new construc- tion other than dwelling buildings, it shall be $180 .00 per 1 ,000 square feet of additional floor 6 area contained within such new construction, provided such new construction shall contain additional plumbing fixture units. 6 . Trunk connection charge, residential uses: Family dwelling unit: $6.00 per front foot for the real property fronting on and connecting to a trunk sewer, pro- vided that no such charge shall be less than $400 .00 plus the applicable regular connection charge for dwelling units hereinabove specified. 7 . Connection charge, off-site sewers not a part of Master Plan relative to reimbursement agreements: The charges for connections to off- site sewers which are not included as a part of the District Master Plan and for which a Non-Master Plan Reimburse- ment Agreement has been entered into between the District and the property owner shall be in the amount provided for in said Agreement . The amount set forth in said Agreement shall be the amount due whether the original Agree- 7 ment is still in force, has been ex- tended, or has expired. These connec- tion charges shall be in addition to any other charges hereinabove estab- lished for the property connecting to said facilities. B . Trunk connection charge, commercial or industrial establishments: $10.00 per front foot for the real property fronting on and connecting to a trunk sewer, provided that no such front foot charge shall be less than $500 .00 , plus the applicable regular connection charge for new construction and existing structures other than dwelling buildings hereinabove speci- fied. 9 . Assessment District connection charge : The regular connection charges pro- vided in the preceding subsections of this Article, plus a sum of money equal to the assessment charge without interest, or Treasurer' s charge which would have been made against the real property on which said improvements are located had said real property been assessed within the Assessment District which constructed or acquired 8 the Assessment District sewer to which connection is made. " Section 2e Ordinance No. 719 is hereby repealed. Section 3; 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. 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, and said Ordinance shall be effective thirty (30) days after its adoption by the Board of Directors. PASSED AND ADOPTED at a regular meeting of the Board of Directors of County Sanitation District No. 7 of Orange County, California, held July 9 , 1986 . //�/�/ / (/ Chairman of the Boar of Directors, County Sanitation D trict No. 7 of Orange County, California Secretary of the Board of Directors, County Sanitation District No. 7 of Orange County, California (37) 9 EXHIBIT "A" County Sanitation District No. 7, Zone 2 All those certain lands located within the Cities of Santa Ana, Costa Mesa, Newport Beach, Irvine and Tustin and the Unincorporated Territory of the County of Orange, State of California, described as follows! Beginning at a point in the existing boundary line of County Sanitation District No. 7 as established by withdrawal Resolution No. 336-7, said point being the northerly corner of Block 57 of Irvine's Subdivision as shown on a map filed in Book 1, page 88 of Miscellaneous Records Maps in the office of the county recorder of said county; thence following along said existing boundary line of said District No. 7 through it' s various courses in a general northeasterly and northwesterly direction to the southerly corner of "Annexation No. 39 - Irvine Industrial" of said District No. 7; thence following along said existing boundary line of said District No. 7 per said Annexation No. 39 through it' s various courses in a general northeasterly, northwesterly, southwesterly, southeasterly and southwesterly direction to the northeasterly line of the right-of-way, 100 feet wide, of the Atchison, Topeka and Santa Fe Railway Company; thence northwesterly along said northeasterly right-of-way line to an angle point in the existing boundary line of said District No. 7, said angle point being at the northerly corner of Block 10, of said Irvine' s subdivision; thence following along 1 said existing boundary line of said District No. 7 through it' s various courses in a general southwesterly and westerly direction to an angle point in said existing boundary line, said angle point being the northwesterly corner of Section 34 , T55, R10W, S.B.B.M. ; thence continuing along said existing boundary line of said District No. 7 through it's various courses in a general southerly and southeasterly direction to the northwesterly line of Block 57, of said Irvine's subdivision; thence continuing northeasterly along said existing boundary line of said District No. 7 and along said northwesterly line of Block 57 to the point of beginning. Keith F. Bush LS 4406 OC-007-141-00 2 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. 720 was passed and adopted at a regular meeting of said Board on the 9th day of July, 1986, by the following vote, to wit: AYES: Directors Richard B. Edgar, Chairman, Dan Griset, Philip Maurer, Don E. Smith, Roger R. Stanton and James A. Wahner NOES: None ABSTENTIONS: None ABSENT: Director Sally Anne Miller IN WITNESS WHEREOF, I have hereunto set my hand this 9th day of July, 1986. Rita J. Brown Secretary of the Board of Directors County Sanitation District No. 7 of Orange County, California 1 � rm I3 > Z"vEtMt,E w, - qy • W , w cc Q p 2 z DYER ROAD W i F' TR6NKE r� . �... AO G G U S. 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