HomeMy WebLinkAboutOC SAN-57 ORDINANCE NO. OC SAN-57
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE
ORANGE COUNTY SANITATION DISTRICT AMENDING
REQUIREMENTS FOR ACCESSORY DWELLING UNIT
CAPITAL FACILITIES CAPACITY CHARGES, RESTATING
PREVIOUSLY ADOPTED CHARGES, AND REPEALING
ORDINANCE NO. OCSD-50 AND ORDINANCE NO. OCSD-54
WHEREAS, Health & Safety Code Section 5471 authorizes the Board of
Directors of the Orange County Sanitation District ("District") to impose fees and other
charges for services and facilities furnished by the District in connection with the District's
wastewater collection, treatment, disposal, and reuse system.
WHEREAS, the Board of Directors of the Orange County Sanitation District
(the "District") levies Capital Facilities Capacity Charges ("Capacity Charges")to fund new
capital projects or improve existing capital projects.
WHEREAS, the District will use revenues collected from Capacity Charges
to pay for capital projects identified in the District's 2017 Facilities Master Plan ("Master
Plan").
WHEREAS, the District previously retained Carollo Engineers to evaluate
the District's projected revenue needs and recommend service fees and Capacity Charges
for the period July 1, 2018 to June 30, 2023. In December of 2017, Carollo Engineers
issued its"Final Report and Recommendations on Wastewater Rates, Fees, and Charges"
("Carollo Report"). The District's Board of Directors received the Carollo Report on
December 20, 2017, and the Carollo Report is on file with the District; and
WHEREAS, the recommendations set forth in the Carollo Report are based
on various studies and plans including, among others, financial forecasts and the District's
2017 Facilities Master Plan ("Master Plan"). The Master Plan identified the capital
improvement projects that will be needed over the next 20 years, and estimated the cost
of each project. The District's Board of Directors adopted the Master Plan on December
20, 2017; and
WHEREAS, the District recently retained Carollo Engineers to recommend
a formula for levying Capacity Charges against non-exempt accessory dwelling units that
complies with newly enacted legislative mandates codifed in Government Code Section
65852.2. On June 2, 2021, Carollo Engineers provided its accessory dwelling unit capacity
charge recommendation to the District (the "Carollo Letter"), which the District hereby
adopts. The Carollo Letter is on file with the District.
WHEREAS, the District finds there is a reasonable relationship between the
Capacity Charge's use and the type of development project on which the capacity charge
is imposed. The District's determination is based on recommendations provided by Carollo
Engineers in the Carollo Report and the Carollo Letter.
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WHEREAS, the District finds there is a reasonable relationship between the
need for the capital facility and the type of development project on which the Capacity
Charges is imposed. The District's determination is based on recommendations provided
by Carollo Engineers in the Carollo Report and the Carollo Letter.
WHEREAS, the District finds there is a reasonable relationship between the
amount of the Capacity Charges and the cost of the capital facility attributable to the
development on which the fee is imposed. The District's determination is based on
recommendations provided by Carollo Engineers in the Carollo Report and the Carollo
Letter.
WHEREAS, The District finds the Capacity Charges do not exceed the
estimated reasonable cost of providing sewer services to any parcel. The District's
determination is based on recommendations provided by Carollo Engineers in the Carollo
Report and the Carollo Letter.
WHEREAS, the District wishes to exempt certain accessory dwelling units
and all junior accessory dwelling units from capacity charges pursuant to Government
Code Sections 65852.2 and 65852.22, and
WHEREAS, the District wishes to update the rate schedules provided in
Table A and Table B of Article II to reflect the previously adopted 2021-year rates.
NOW, THEREFORE, the Board of Directors of the Orange County Sanitation
District does hereby ORDAIN:
SECTION I. Adopt Capital Facilities Capacity Charges
TABLE OF CONTENTS
ARTICLE I: RECITAL OF FINDINGS
Section 1.01. Findings— Declaration of Intent
ARTICLE II: CAPITAL FACILITIES CAPACITY CHARGES
Section 2.01. Purpose and Scope
Section 2.02. Definitions
Section 2.03. Connection Permits: Required
Section 2.04. Capital Facilities Capacity Charge: Payment
Section 2.05. Capital Facilities Capacity Charge:
Time of Payment
Section 2.06. Capital Facilities Capacity Charge:
Schedule of Amounts
Table A Capital Facilities Capacity Charges — Non-Residential,
Residential Accessory Structures, and Accessory
Dwelling Units
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Table B Capital Facilities Capacity Charges— Residential
Table C Plan Check and Inspection Fee Schedule
Section 2.07. Supplemental Capital Facilities Capacity
Charge: Significant Commercial — Industrial
Users— Special Purpose Dischargers— Definitions
Section 2.08. Supplemental Capital Facilities Capacity Charge: New
Significant Commercial — Industrial Users
Section 2.09. Supplemental Capital Facilities Capacity
Charge: New Special Purpose Dischargers
Section 2.10. Supplemental Capital Facilities Capacity Charge:
Existing Significant Commercial — Industrial Users—
Special Purpose Dischargers
Table D Supplemental Capital Facilities Capacity
Charges
Section 2.11. Capital Facilities Capacity Charge: Replacement
Section 2.12. Capital Facilities Capacity Charge: Remodeled
Section 2.13. Capital Facilities Capacity Charge Exemption:
Accesory Dwelling Units
Section 2.14 Junior Accessory Dwelling Units
Section 2.15. Payment of Capital Facilities Capacity Charge: Off-Site
Sewers Not Part of Master Plan Relative to
Reimbursement Agreements
Section 2.16. No Refund or Transfer
Section 2.17. Baseline Transferability
Section 2.18. Capital Facilities Capacity Charge: Annual Updates
Section 2.19. Affordable Housing Projects
ARTICLE III: MISCELLANEOUS
Section 3.01. Application of Ordinance
Section 3.02. Exceptions
Section 3.03. Out of Area Sewer Service Agreements
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ARTICLE I
RECITAL OF FINDINGS
Section 1.01. Findings. Based on substantial evidence in the record, the
Board of Directors hereby finds as follows:
A. The District operates a system for the collection, treatment, disposal,
and reuse of wastewater ("System'). The System protects human health and the
environment from the potentially harmful effects of wastewater.
B. The District regularly constructs, reconstructs, repairs, and/or
rehabilitates System facilities through capital improvement projects ("Capital Projects').
The District recovers the cost of Capital Projects through Capital Facilities Capacity
Charges imposed on new users and Supplemental Capital Facilities Capacity Charges
imposed on specified existing users. This Ordinance imposes Capital Facilities Capacity
Charges and Supplemental Capital Facilities Capacity Charges as recommended in the
Carollo Report.
C. The District will use the revenues from Capital Facilities Capacity
Charges and the Supplemental Capital Facilities Capacity Charges to fund future Capital
Projects and/or repay principal and interest on debt incurred in connection with past
Capital Projects. The revenues shall not be used for the acquisition or construction of new
local street sewers or laterals as distinguished from main trunk, interceptor and outfall
sewers.
D. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance are based on the information
and analysis set forth in the Carollo Report and the Master Plan, both of which were made
available to the public in accordance with Government Code Section 66016 and other
provisions of law.
E. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance do not exceed the estimated
reasonable cost of providing the wastewater collection, treatment, disposal, and reuse
services for which the fees are charged. The manner in which the costs are allocated to
each payor bears a fair or reasonable relationship to the payor's burdens on, and benefits
received from, the District's System.
F. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance will retire debt and fund capital
projects necessary to maintain service within the District's existing service area.
Therefore, adoption of this Ordinance is statutorily exempt under the California
Environmental Quality Act pursuant to the provisions of Public Resources Code Section
21080(b)(8) and California Code of Regulations Section 15273(a).
G. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance are not imposed as an "incident
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of property ownership" within the meaning of Article MID of the California Constitution.
Thus, the substantive and procedural requirements of Article XIIID do not apply.
H. The Capital Facilities Capacity Charges and Supplemental Capital
Facilities Capacity Charges established by this ordinance have been approved by the
District's Board of Directors at a noticed public meeting, all in accordance with applicable
provisions of law.
ARTICLE II
CAPITAL FACILITIES CAPACITY CHARGES
Section 2.01. Purpose and Scope. This Ordinance is designed to ensure
that each user pays his or her fair share of the costs of Capital Projects, based on the
burden that each user places on the System. The District will use revenues generated by
this Ordinance to (i) fund future Capital Projects, and (ii) repay principal and interest on
debt incurred in connection with past Capital Projects.
Section 2.02. Definitions.
A. "Actual construction costs" include the cost of all activities necessary
or incidental to the construction of the District facilities, such as financing, planning,
designing, acquisition of the property or interests in the property, construction,
reconstruction, rehabilitation, and repair.
B. "Capital Facilities Capacity Charge (Capacity Charge)" means a one-
time, non-discriminatory charge imposed at the time a building or structure is newly
connected to the District's System, directly or indirectly, or an existing structure or category
of use is expanded or increased. Said charge is to pay for the District facilities in existence
at the time the charge is imposed, or to pay for new facilities to be constructed in the future,
that are of benefit to the property being charged. This charge does not apply to temporary
facilities or operations that are regulated under the provisions of a Special Purpose
Discharge Permit. A schedule of the Capital Facilities Capacity Charges specified herein
will be on file in the Office of the Clerk of the Board of the District, and in the Building
Department of each City within the District.
C. "Connection fee" means a fee equal to the cost necessary to
physically connect a property to the District's System, including but not limited to,
installation of meters, meter boxes, pipelines, and appurtenances to make the connection
and which fee does not exceed the actual cost of labor, materials, and overhead for the
installation of those facilities.
D. "Non-discriminatory" means that the Capital Facilities Capacity
Charge does not exceed an amount determined on the basis of the same objective criteria
and methodology applicable to comparable public or non-public users, and is not in excess
of the proportionate share of the cost of the District's facilities of benefit to the person or
property being charged, based upon the proportionate share of use of those facilities.
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E. "Public agency" means the United States or any of its agencies, the
State or any of its agencies, the Regents of the University of California, a county, city,
district, school district, local or regional public authority, or any other political entity,
subdivision or public corporation of the State.
F. The Supplemental Capital Facilities Capacity Charge, as provided for
in Sections 2.07, 2.08, 2.09, and 2.10 of this Ordinance, is an annual charge payable to
the District on a quarterly or annual basis, as determined by the District. Said charge is
required to be paid by dischargers that exceed the maximum quantity of flow or
constituents (BOD or SS) allowed as a base use for which the Capacity Charge is paid.
G. "Accessory Dwelling Unit (ADU)" means an attached or detached
residential dwelling unit that provides complete independent living facilities for one or more
persons and is located on a lot with a proposed or existing primary residence. It shall
include permanent provisions for living, sleeping, eating, cooking, and sanitation on the
same parcel as the single-family or multifamily dwelling is or will be situated.
H. "Junior Accessory Dwelling Unit(JADU)" means a unit that is no more
than 500 square feet in size and contained entirely within a single-family residence. A
junior accessory dwelling unit may include separate sanitation facilities, or may share
sanitation facilities with the existing structure.
Section 2.03. Connection Permits: Required.
A. Connection permits are required of each and every dwelling unit, and
each commercial or industrial building, and structure connecting directly or indirectly to the
District's sewerage system facilities. Included are the connections of laterals to local
municipal sewerage facilities, and the connection of local municipal sewerage facilities and
laterals to the District's facilities. Multiple detached structures on a single parcel of
property shall each be required to obtain a connection permit.
B. Except as authorized by the issuance of a Special Purpose Discharge
Permit under Sections 305—305.6 of the District's Wastewater Discharge Regulations, or
as authorized pursuant to a special extra territorial service agreement approved by the
Board of Directors, no permit shall be valid unless the real property to be served by use of
the permit is included within the boundaries of the District and within the boundaries of a
local sewering agency authorized to maintain public sewering facilities. However, a permit,
as authorized above, may be issued for property to be served outside the boundaries of a
local sewering agency if a local sewering agency makes application for the issuance of
such permit.
There will be a non-discriminatory Capital Facilities Capacity Charge assessed to
public agencies for connecting directly or indirectly to the District's sewerage system
facilities, and a connection permit must be obtained.
Section 2.04. Capital Facilities Capacity Charge: Payment Required. No
application for a permit for a connection of a structure to the District's sewerage facility, or
to any sewerage facility which discharges into the District sewerage facility, shall be
approved, nor a permit issued, until the District's Capital Facilities Capacity Charge is paid
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by the applicant, except as provided for discharges under a Special Purpose Discharge
Permit. No connection permit shall be issued unless there is an established category of
use of the property to be served or a valid building permit issued which establishes the
category of use of said property.
Section 2.05. Capital Facilities Capacity Charge: Time of Payment.
A. Payment of the Capital Facilities Capacity Charge established by this
Ordinance for connection to the District's sewerage system facilities shall be required at
the time of issuance of the building permit for all construction within the District, except in
the case of a building legally exempt from the requirement of obtaining a permit. The
payment of the Capital Facilities Capacity Charge for such exempt buildings will be
required at the time of and prior to the issuing of a plumbing connection permit for any
construction within the territorial limits of the District, or if none, prior to the issuance of a
Certificate of Occupancy.
B. Upon application of any property owner seeking to connect to the
District's sewerage system, the General Manager or his designee, upon a finding of
compelling need, may, pursuant to the authority of California Health &Safety Code Section
5474, approve of an agreement with the property owner for the payment of the applicable
connection charge and/or annexation fees in installment payments over a period of not to
exceed five (5) years, bearing an interest rate on the unpaid balance of not to exceed ten
(10%) percent per annum and that the charges and interest shall constitute a lien on the
property.
Section 2.06. Capital Facilities Capacity Charge and Plan Check and
Inspection Fees: Schedule of Amounts.
A. Every person or entity connecting any new or expanded building or
structure to the District's system facilities shall pay a Capital Facilities Capacity Charge in
the amount for the applicable category of use set forth on Table A & B, below.
B. Every person or entity connecting any new or expanded building or
structure directly to the District's local or regional system facilities shall pay Plan Check
and Inspection Fees in the amount set forth n Table C, below.
TABLE A
CAPITAL FACILITIES CAPACITY CHARGES (CFCC)
NON-RESIDENTIAL,RESIDENTIAL ACCESSORY STRUCTURES, AND ACCESSORY
DWELLING UNITS
Use Category Rate Basis Base Charge
Low Demand= Per 1,000 square feet' $ 336.001
Average Demand°$ Per 1,000 square feet $ 2088.001
High Demand3 Per 1,000 square feet $ 4962.001
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'Provided that the minimum Capital Facilities Capacity Charge for such new construction
shall be $5346; and all calculations shall be on a 1,000 square foot, or portion thereof,
basis.
zLow Demand connections are the following categories of users: Nurseries; Warehouses;
Churches; Truck Terminals; RV Parks; RV Storage Yards; Lumber/Construction Yards;
Public Storage Buildings; and other facilities whose wastewater discharge is similar to
these listed categories.
31-igh Demand connections are the following categories of users: Food/Beverage Service
Establishments; Supermarkets (with bakery, meat counter, and/or food service); Car
Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more
Food/Beverage Service Establishments; Food Courts; Food Processing Facilities; Textile
Manufacturers; Breweries; and other facilities whose wastewater discharge is similar to
these listed categories.
4AII other connections are Average Demand users including: Church Offices and Schools;
Hotels, Shopping Centers/Strip Malls without food/beverage service establishments,
Music Halls without food facilities, Office buildings, Senior Housing with individual living
units without kitchens but with a common kitchen
5 Residential Accessory Structures such as workshops and hobby shops that connect to
the sewer, will be charged at the average demand rate and the minimum charge does not
apply.
5 Accessory Dwelling Units will be charged at the average demand rate and the minimum
charge does not apply.
TABLE B
CAPITAL FACILITIES CAPACITY CHARGES (CFCC)
RESIDENTIAL (PER UNIT)*
Single Family Residential (SFR)' Base Charge
5+ Bedrooms $ 7,430.00
4 Bedrooms $ 6,362.00
3 Bedrooms $ 5,346.00
2 Bedrooms $ 4,331.00
1 Bedroom $ 3,314.00
Multi-Family Residential (MFR)z Base Charge
4+ Bedrooms $ 5,774.00
3 Bedrooms $ 4,758.00
2 Bedrooms $ 3,743.00
1 Bedroom $ 2,672.00
Studio' $ 1,710.00
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'The Base Rate for Residential CFCC is the 3 Bedroom SFR with all others having a rate
that is a percentage of the base rate depending on the size of the unit. The schedule for
the base rate shall be as follows:
2018-19 2019-20 2020-21 2021-22 2022-23
$4,228 $4,601 $4,973 $5,346 $5,719
Bedroom additions are considered a change of use and a CFCC must be paid. Enclosed
loft additions, bonus rooms, offices, workout rooms, media rooms, libraries and any other
enclosed addition which could potentially be used as a bedroom are included in this
category. The classification of these additions will be reviewed and determined by staff.
2 MFR units consist of multiple attached units that are not sold individually and receive one
secured property tax bill such as apartments. Multiple attached units that are not sold
individually and are senior housing with individual living units that include a kitchen are
considered MFR units.
S Studio—one single room with no separating doors or openings leading to another part of
the room (except for a bathroom).
Live/Work units will be charged at the residential rate for the living quarters and at the non-
residential rate for the work portion square footage.
TABLE C
PLAN CHECK AND INSPECTION FEE TABLE
INSPECTION FEES FOR SINGLE CONNECTIONS
Lateral installation to property line:
2018-19 2019-20 2020-21 2021-22 2022-23
$575.00 $650.00 $725.00 $800.00 $875.00
Lateral Installation to with optional cleanout to existing manhole:
2018-19 2019-20 2020-21 2021-22 2022-23
$650.00 $800.00 $950.00 $1,050.00 $1,150.00
Core drilling into existing manhole base—add:
2018-19 2019-20 2020-21 2021-22 2022-23
$600.00 $900.00 $1,200.00 $1,450.00 $1,500.00
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Installation of new manhole over existing sewer:
2018-19 2019-20 2020-21 2021-22 2022-23
$1,200.00 $1,400.00 $1,600.00 $1,800.00 $1,900.00
Gas Flap Installation —add:
2018-19 2019-20 2020-21 2021-22 2022-23
$450.00 $455.00 $460.00 $465.00 $470.00
INSPECTION FEES FOR MULTIPLE CONNECTIONS
Plan check and inspection fees of 20 percent of the sewer construction cost for new tract
sewers, sewer extensions or special facilities are required when plans are submitted for
plan check.
If additional funds are needed, they must be deposited as soon as they are requested to
complete the inspection on the project. If funds are required after the work is completed,
they must be paid before the District finals the sewer project.
Section 2.07. Supplemental Capital Facilities Capacity Charge: Significant
Commercial — Industrial Users and Significant Special Purpose Dischargers— Definitions.
A. A Significant Commercial — Industrial User ("SCIU") is any person or
entity who discharges commercial or industrial process flow, but excluding domestic
sewage flow, in an amount greater than 25,000 gallons per day ("gpd"), or Biochemical
Oxygen Demand ("BOD") greater than 150 pounds per day, or Suspended Solids ("SS")
greater than 150 pounds per day, or who is required to obtain a Waste Discharge Permit,
as prescribed by Article 3 of the District's Wastewater Regulations, due to having federally
or the District regulated or significant discharges.
B. A Significant Special Purpose Discharger ("SSPD") is any person or
entity who discharges to the sewer system wastewater or process flow in an amount
greater than 25,000 gpd (excluding domestic, industrial or commercial) and who is
required to obtain a Special Purpose Discharge Permit as prescribed in Section 305 of the
District's Wastewater Regulations. A Special Purpose Discharger (SPD) discharges
25,000 gpd or less.
C. An Existing SCIU or SSPD is any SCIU or SSPD connected and
discharging to the District's system prior to January 1, 2000.
D. A New SCIU or SSPD is any user who connects and discharges to
the District's System pursuant to a Waste Discharge Permit issued on or after January 1,
2000; or if previously connected and not an SCIU, as defined in Subparagraphs 2.07A and
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B above, but, subsequent to January 1, 2000, increases flow, or BOD, or SS to a level as
to constitute an SCIU or SSPD.
E. The maximum discharge allowed to a user, for which a base Capital
Facilities Capacity Charge is paid, as per Table A, above, is 25,000 gallons per day("gpd"),
or 150 pounds per day each of BOO and SS (the "base use'). Discharge of flow, or BOD,
or SS in amounts greater than allowed by this Subsection 2.07E shall be subject to the
provisions of Sections 2.08 and 2.09 hereof.
F. Each Existing SCIU shall have a baseline of allowed discharge of
flow, and BOD, and SS established by the the District as of January 1, 2000. The baseline
shall be based upon the discharge for Fiscal Year 1998-99, or upon such other discharge
data which the District determines is representative of the user's actual annual discharge
to the sewerage system. Dischargers who are deemed to be SCIU's solely because of
the requirements to obtain a Waste Discharge Permit, pursuant to Section 2.07A above,
shall have a minimum baseline established as follows: Flow — 25,000 gallons per day;
BOD— 150 pounds per day; and SS— 150 pounds per day. The SCIU shall be authorized
to discharge flow, and BOD, and SS up to the baseline amounts without payment of a
Supplemental Capital Facilities Capacity Charge.
G. Each Existing SPD shall have a baseline of 25,000 gpd. The Existing
SPD shall be authorized to discharge flow up to 25,000 gpd without payment of a
Supplemental Capital Facilities Capacity Charge.
H. The Supplemental Capital Facilities Capacity Charge, as prescribed
by Sections 2.08, 2.09, and 2.10 below, shall be payable commencing with the effective
date of this Ordinance.
Section 2.08. Supplemental Capital Facilities Capacity Charge: New
Significant Commercial — Industrial Users. In addition to the base Capital Facilities
Capacity Charge, as prescribed in Table A, for commercial — industrial use category
properties, all New SCIU's shall pay a Supplemental Capital Facilities Capacity Charge for
each gallon of flow, or pound of BOD, or SS, exceeding the base use discharge
maximums, in the amount shown in Table D.
Section 2.09 Supplemental Capital Facilities Capacity Charge: Significant
Special Purpose Dischargers. All SSPDs shall pay a Supplemental Capital Facilities
Capacity Charge of$.001948 per gallon per day for each gallon of flow exceeding 25,000
gallons per day.
Section 2.10. Supplemental Capital Facilities Capacity Charge: Existing
Significant Commercial — Industrial Users and Special Purpose Dischargers.
A. All Existing Significant Commercial — Industrial Users connected to
and discharging to the District's System shall be required to pay a Supplemental Capital
Facilities Capacity Charge upon the occurrence of either (i) an increase of discharge flow
of 25,000 gallons per day ("gpd"), or 25% per day over its established baseline
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authorization, whichever is lesser; or(ii) an increase of either BOD or SS discharge of 150
pounds each per day, or 25% each per day, whichever is lesser, over its established
baseline authorization. The daily averages will be based on the daily discharges for a
year, utilizing discharge records and reports of the discharger or the District.
B. The Supplemental Capital Facilities Capacity Charge shall be in the
following amounts for each component that is increased as provided in Section 2.10A
above.
TABLE D
SUPPLEMENTAL CAPITAL FACILITIES CAPACITY CHARGES
Daily Charge
2018-19 2019-20 2020-21 2021-22 2022-23
FLOW $0.001948 $0.001960 $0.001972 $0.001984 $0.001996
BOD $0.427550 $0.440380 $0.453590 $0.467200 $0.481210
SS $0.231510 $0.240770 $0.250410 $0.260420 $0.270840
FLOW— Gallons Per Day
BOD — Pounds Per Day
SS — Pounds Per Day
C. All Existing SPDs connected and discharging to the sewer shall be
required to pay a Supplemental Capital Facilities Capacity Charge upon occurrence of an
increase of discharge flow over 25,000 gpd. The Supplemental Capital Facilities Capacity
Charge shall be $ 0.001948 per gallon per day of discharge for each gallon above 25,000
gpd.
D. The Supplemental Capital Facilities Capacity Charge shall be
calculated on the basis of the average daily quantity of discharge in excess of the User's
baseline or 25,000 gpd for SPDs. The daily averages will be based on the daily discharges
for a year, utilizing discharge records and reports of the District.
Section 2.11. Capital Facilities Capacity Charge: Replacement Structures.
For new construction replacing former structures, the Capital Facilities Capacity Charge
shall be calculated and paid to the District on the rate basis of the category of the new use
and the amounts as set forth in Tables A and B, less a credit amount, up to the amount of
the new Capital Facilities Capacity Charge, equal to a charge, as prescribed in Tables A
and B that would be for the prior category of use which was terminated and removed.
Section 2.12. Capital Facilities Capacity Charge: Remodeled Structures. In
the case of existing structures connected to the District's system facilities, to which new
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construction or alteration is made to change or increase the category of use or number of
bedrooms, a Capital Facilities Capacity Charge shall be calculated and paid to the District
on the rate basis of the category of the new use and the amounts as set forth in Tables A
and B, less a credit amount, up to the amount of the new Capital Facilities Capacity
Charge, equal to a charge, as prescribed in Tables A and B for the prior category of use.
Section 2.13. Accessory Dwelling Units. Notwithstanding Section 2.12,
pursuant to Government Code Section 65852.2, the District shall not collect Capital
Facilities Capacity Charges from any ADU if all the following conditions are met:
(a)the ADU is attached to a single-family residence or accessory structure;
(b)the ADU is built after the single-family residence;
(c) the ADU's side and rear setbacks are sufficient for fire safety;
(d)the ADU has independent exterior access from the existing single-family
residence;
(e)the ADU does not expand the single-family residence;
(f) the ADU does not expand an accessory structure by more than 150 square feet
and that expansion is only used to accommodate ingress and egress and;
(g)there are no other ADUs on the property.
Section 2.14. Junior Accessory Dwelling Units. Notwithstanding Section
2.12, pursuant to Government Code Section 65852.2, the District shall not collect Capital
Facilities Capacity Charges from a JADU integrated into an existing single-family
residence if a local agency approved the JADU pursuant to Government Code Section
65852.22 and a local ordinance.
Section 2.15. Payment of Capital Facilities Capacity Charge: Off-Site
Sewers Not Part of Master Plan Relative to Reimbursement Agreements. A charge for
connection to off-site sewers which are not included as part of the District Master Plan and
for which a Non-Master Plan Reimbursement Agreement has been entered into between
the District and the property owner, shall be paid in the amount provided for in said
Agreement, to be known as a Non-Master Plan Capital Facilities Capacity Charge. The
amount set forth in said Agreement shall be the amount due, provided the original
Agreement is still in force. The Non-Master Plan Capital Facilities Capacity Charge shall
be in addition to the other Capital Facilities Capacity Charges provided for in Sections 2.06
through 2.10 hereinabove, established for property connecting to said facilities.
Section 2.16. No Refund or Transfer. A Capital Facilities Capacity Charge
is paid for the connection of a specific building or structure on a parcel of property. No
refund of any charge shall be made because of non-use or change of use, or any other
reason once the connection has been made. If the connection is not made and the request
for connection is withdrawn within 12 months of the payment date, the charges paid will
be refunded upon establishing proof from the City or County of a canceled permit. The
connection permit is non-transferable to any other parcel of property.
Section 2.17. Baseline Transferability. The baseline of allowed discharge of
flow, BOD and SS used to calculate a Supplemental Capital Facilities Capacity Charge
shall not be transferable to a different property, nor shall a credit for such previously
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existing baseline be provided to another SCIU concurrently or subsequently occupying the
same property for a different use. Each such SCIU shall pay Supplemental Capital
Facilities Capacity Charges in accordance with Section 2.08 above.
Section 2.18. Capital Facilities Capacity Charge Annual Updates. The
Capital Facilities Capacity Charge is based upon the most recently completed Facilities
Master Plan. This The non-residential charge will be updated annually based upon the
increase in the Engineering News-Record construction cost index for Los Angeles as of
December of the prior year until the completion of the next Rate Study. The residential
charge will be updated based upon the schedule of base fees in Table B.
Section 2.19. Affordable Housing Projects. Per Resolution OCSD 11-02,
development projects that include lower income housing units shall not be denied approval
of an application for service, nor shall conditions be imposed thereon or services reduced
which are applied for, unless the District makes specific written findings that the denial,
condition, or reduction is necessary due to the existence of one or more of the following:
(a) insufficient water supply or insufficient water treatment or distribution
capacity;
(b) a State Department of Health Services order prohibiting new water
connections;
(c) insufficient sewer treatment or collection capacity;
(d) a Regional Water Quality Control Board order prohibiting new sewer
connections;
(a) the applicant has failed to agree to reasonable terms and conditions
ARTICLE III
MISCELLANEOUS
Section 3:01. Application of Ordinance. The provisions of this Ordinance
shall be in addition to the provisions of the District's Wastewater Discharge Regulations
for use of the District's sewage facilities, including provisions for payment of charges or
fees related thereto; the District's ordinance establishing Fees Concerning Annexations of
Territory to the District; and any other the District Ordinances and Resolutions not in
conflict herewith.
Section 3:02. Exceptions. The provisions of this Ordinance shall apply to all
owners of properties within the District, including those properties otherwise deemed
exempt from payment of taxes or assessments by provisions of the State Constitution or
statute, including properties owned by other public agencies or tax-exempt organizations,
except as expressly provided herein.
Section 3:03 Out of Area Sewer Service Agreements. The District is
empowered to contract for the transport,treatment and disposal of wastewaters originating
within areas outside of the District if it is in the best interest of the District to do so. These
OC SAN-57-14
1585788.1
Out of Area Sewer Service Agreements will establish fees and charges relative to the
services provided by the District for each individual agreement.
The Board of Directors of the Orange County Sanitation District does further hereby
ORDAIN:
SECTION II. Severabilitv. If any provision of this Ordinance, or the application to any
person or circumstances is held invalid by order of Court, the remainder of the Ordinance,
or the application of such provision to other persons or other circumstances, shall not be
affected.
SECTION III. Effective Date. This Ordinance shall take effect September 1, 2021.
SECTION IV. Repeal. Ordinance No. OCSD-50 and Ordinance No. OCSD-54 are
hereby repealed.
SECTION V. Certification and Publication. The Clerk of the Board shall certify to the
adoption of this Ordinance, and shall cause a summary to be published in a newspaper of
general circulation as required by law.
PASSED AND ADOPTED by a vote of not less than two-thirds of the Board of
Directors of the Orange County Sanitation District at a Regular Meeting held on July 28,
2021.
,7ohh X iV1?re1,f
John B Withers(Jul 29,202111:02 PDT)
John B. Withers
Chairman, Board of Directors
Orange County Sanitation District
ATTEST:
Kelly A. Lore, MMC
Clerk of the Board
Orange County Sanitation District
OC SAN-57-15
1585788.1
APPROVED AS TO FORM:
Bradley R. Hogin
General Counsel
Orange County Sanitation District
OC SAN-57-16
1585788.1
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
I, Kelly A. Lore, Clerk of the Board of Directors of Orange County Sanitation District, do
hereby certify that the above and foregoing Ordinance No. OC SAN-57 was introduced for
first reading at a regular meeting of said Board on the 23rd day of June 2021, and passed
and adopted by a vote of not less than two-thirds at a regular meeting of said Board on
the 28th day of July 2021, by the following vote, to wit:
AYES: Art Brown, Kim Carr, Doug Chaffee, Mark Chirco, Rose
Espinoza, Stephen Faessel, Ryan Gallagher, Marshall
Goodman, Patrick Harper, Johnathan Ryan Hernandez,
Brooke Jones, Steve Jones, Anthony Kuo, Sandra
Massa-Lavitt, Paulo Morales,Andrew Nguyen, Robert Ooten,
Glenn Parker, David Shawver, Jesus Silva, Chad Wanke,
John Withers, Chad Zimmerman, and Alternate Director
Nitesh Patel
NOES: None
ABSENT: Kim Nichols
ABSTENTIONS: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
Orange County Sanitation District this 28th day of July 2021.
Kelly A. Lore, MIMIC
Clerk of the Board
Orange County Sanitation District
OC SAN-57-17
1585788.1
Ordinance No. OC SAN-57
Final Audit Report 2021-07-29
Created: 2021-07-29
By: Kelly Lore(klore@ocsan.gov)
Status: Signed
Transaction to: CBJCHBCAABAAgAFBFDmcOUz35pP05LmwdZZHgl23s2pC
"Ordinance No. OC SAN-57" History
in Document created by Kelly Lore (klore@ocsan.gov)
2021-07-29-2:17:22 PM GMT-IP address:47.176.104.46
P. Document Smelled to Bradley Hogin(bhogin@wss-law.com)for signature
2021-07-29-2:19:51 PM GMT
Agreement modified by Kelly Lore (klore@ocsan.gov)
2021-07-29-4:02:26 PM GMT
Email viewed by Bradley Hogin (bhogin@wss-law.com)
2021.07-29-5:15:55 PM GMT.IP address:68.4.2.218
Agreement modified acknowledged by Bradley Hogin (bhogin@wss-law.com)
2021-07-29-5:16:01 PM GMT
dp Document e-signed by Bradley Hogin (bhogin@wss-law.com)
Signature Date:2021-07-29-5:16:14 PM GMT-Time Source:server-IP address:68.4.2.218
P4 Document Smelled to John B Withers Qwithers@calstrat.com)for signature
202147-29-5:16 16 PM GMT
Email viewed by John B Withers Qwithers@calstrat.com)
2021-07-29-5:21:01 PM GMT-IP address: 13.52.61.199
Document e-signed by John B Withers Qwithers@calstrat.com)
Signature Date:2021-07-29.6:02:07 PM GMT-Time Source:server-IP address: 184.189.202.24
L» Document entailed to Kelly Lore(klore@ocsan.gov)for signature
2021-07-29-6:02:08 PM GMT
n Email viewed by Kelly Lore(klore@ocsan.gov)
20214)7-29-6:06:13 PM GMT-IP address: 104.47.65.26,1
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Signature Date:2021-07-29-6:06:33 PM GMT-Time Source:server-IP address:47.176.104.46
0 Agreement completed.
2021-07-29-6:06:33 PM GMT
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