Ord 1982-164
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ORDINANCE NO. 16
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT RELATING TO LOCAL AGENCY ZONE CHANGES
RESULTING IN HIGHER DENSITY LAND USE AFFECTING LIQUID WASTE
DISPOSAL; PROVIDING FOR DEVELOPER PARTICIPATION IN THE CON-
STRUCTION OF LIQUID WASTE DISPOSAL FACILITIES IN CERTAIN
INSTANCES; AND GIVING REASONS THEREFOR:
THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT, ORANGE
COUNTY, CALIFORNIA, finds and declares as follows:
That the DISTRICT commissioned a study and plan of the needs of the
DISTRICT for liquid waste disposal which said study and plan.was completed on
or about January 1, 1978 and was entitled Master Plan Report and Capital
Improvement Program for the COSTA MESA SANITARY DISTRICT;
That said study and plan set forth the needs of the DISTRICT based
upon the City of Costa Mesa General Plan and those of other jurisdictions
whose territory lies within the geographical limits of the DISTRICT, as said
needs were projected in 1977;
That at the time of said enactment, the DISTRICT had the funds and
saw the future source of funds in which to extend and increase the capacity
of its liquid waste disposal system to meet the needs of the land uses and
densities contempTated by the aforesaid General Plan;
That subsequent to January 1, 1978, amendments of General Plans, zone
changes, development reviews, and the development of new zones and the granting
of variances and conditional use permits have materially affected the density
of land uses, increasing the use of existing facilities and creating demand for
additional facilities;
That increased construction costs for labor, material, equipment
and overhead have surpassed original estimates and budgets and will continue
to accelerate in the future, requiring need for increased revenue for the
DISTRICT to meet service demands;
That legislation limiting the revenue raising powers of all local
agencies including the DISTRICT have required a substantial curtailment of
the capacity to serve the demands created by the aforesaid increases of
density that has occurred since January 1, 1978;
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That any use of DISTRICT's liquid waste disposal facilities beyond
their designed capacity will likely cause failures of the system which will
result in an unreasonable threat to the health, safety and welfare of the
residents and property within the DISTRICT;
That it is reasonable and within the powers of the DISTRICT to require
the burden of the expense of increased liquid waste disposal installations to
be born by the user;
Accordingly and pursuant to Sections 6510 through and including
6523.3, Health & Safety Code (Sanitary District Act of 1923), and specifically
in accordance with the authority found in Section 6520.2, Health & Safety Code;
IT IS HEREBY ENACTED THE FOLLOWING REGULATION:
1. This Ordinance shall be applicable to any application for sanitary
sewer service for any development or land use which either:
(a) Increases the installation of plumbing fixtures as defined by
ordinances of the DISTRICT as the plumbing fixture projections
existed and were established by the DISTRICT's Master Plan as
of January 1, 1978; or
(b) Is for any use creating an increase in density which materially
increases the use of the DISTRICT's liquid waste disposal
system as projected by the DISTRICT's Master Plan as of
January 1, 1978, regardless of the number of plumbing units
planned.
The change in density or in demand for sanitary sewer services may be
caused by amendment or modification of the land use ordinances of the local
agencies whose geographical limits lie within that of the DISTRICT and shall
include, but not necessarily be limited to, changes in density created by amend-
ments of General Plans or land use ordinances, zone changes, creation of new
zones or the granting of zone releif such as variances or conditional use per-
mits on existing zones or uses, development reviews, or any other practice
followed by said local agencies which create increases in use of the DISTRICT's
liquid waste disposal facilities over and above that projected as of January 1,
1978.
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2. The DISTRICT may require the applicant for sewer service to con-
struct sanitary sewer service_ facilities in the public right -of -way before
DSITRICT will authorize connection to its system. Such construction.shall be
without cost to the DISTRICT and shall be in accordance with the Uniform
Plumbing Code and with DISTRICT's standard specifications. Said construction
may be required to serve applicant's parcel or project or may be required to
serve other parcels which, when developed, would have been served by the
DISTRICT's system but which would be without service or insufficient service by
reason of applicant's development or use.
3. In lieu of requiring the applicant to construct facilities as set
forth in paragraph 2, the DISTRICT may require the applicant to pay a fee, which
said fee shall be reasonably calculated to meet the construction costs of the
system as provided for in paragraph 2.
4. In any event, whether applicant constructs the facilities as pro-
vided for in paragraph 2 or pays hi s. proportionate share of the cost of construc-
tion as provided for in paragraph 3, DISTRICT may require applicant to pay a
fee as provided for in DISTRICT ordinances relating to engineering,inspection
fees, DISTRICT supervision costs, and any other costs reasonably incurred by
DISTRICT in connection with the application for sewer service as provided for
in this Ordinance.
.5. In the event that additioanl facilities or the enlargement of
existing facilities in the public right -of -way cannot be accomplished because
of other underground utilities being prior in time, the cost of construction or
the funds required by the DISTRICT shall also include costs of acquisition of
right -of -way on private property for the location of the facilities.
6. The adoption of this Ordinance shall not affect the obligation of
the applicant for sanitary sewer service to comply with all of the other
ordinances and policies of the DISTRICT that are not inconsistent with this
Ordinance.
7. PASSED AND ADOPTED by the Board of Directors of the COSTA MESA
SANITARY DISTRICT at a regular meeting held on the // day of
X x x , 1982.
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(ATTEST:
Pr ident of the oard of Directors of the
�OSTA MESA SANITARY DISTRICT
Secretary of the Board of
Directors of the COSTA MESA
SANITARY DISTRICT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, Florin T. Reichle Assistant Secretary of the
Board of Directors of the COSTA MESA SANITARY DISTRICT of Orange County,
California, DO HEREBY CERTIFY, that the foregoing Ordinance No: J1_ was
duly passed, approved and adopted by said Board, approved and signed by the
President of said Board, and attested by the Secretary of said
Board, all at a regular meeting of said Board held on the ii�n day of
February 1982, and that the same was passed and adopted by the
following roll call vote:
AYES: DIRECTORS: warmer, Crar&, Hutc:nlison, Hanson, Green.
NOES; DIRECTORS: None
ABSENT: DIRECTORS: None
DATED this j /-66 day of' L ... 1982.
Florine T. Rei.chle, Assistant Secretary of
the Board of Directors of the COSTA MESA
SANITARY,, DISTRICT
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