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Ord 1989-21i.. _ ' - ORDINANCE NO. 21 AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTRICT RELATING 70 LOCAL AGENCY ZONE CHANGES RESULTING IN HIGHER DENSITY LAND USE AFFECTING LIQUID WASTE DISPOSAL; PROVIDING FOR DEVELOPER PARTICIPATION IN THE CONSTRUCTION OF LIQUID W21TE DISPOSAL FACILITIES IN CERTAIN INSTANCES; AND GIVING REASONS THEP='R THE BOARD OF DIRECTORS OF THE COSTA MESA SANITARY DISTR :r, ORANGE COUNTY, CALIFORNIA, finds and declares as follows: SECTION 1. PURPOSE That the DISTRICT catmissioned a study and plan of the needs of the DISTRICT for liquid waste disposal which said study and plan was carrpleted 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 1978; 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 contemplated by the aforesaid General Plan; That subsequent to January 1, 1978, amendments of General Plans, zone changes, develognent 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 over- head have surpassed original estimates and budgets and will continue to accelerate -1- r -• -r y. 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 a:curred since January 1 „ 1978; 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; That certain limitations on establishing and collecting fees have been placed upon the DISTRICT by the legislature rendering portions of ordinance 16 obsolete and unenforceable requiring the repeal of ordinance 16 and the enactment of this ordinance. SECTION 2. ALTMORITY Accordingly and pursuant to Section 6510 through and including 6523.3, Health and Safety Code (Sanitary District Act of 1923) and specifically in accordance with the authority found in Section 6520.2, Health and Safety Code, and as limited by Section 66000 through and including 66003, Government Code, the following regu- lations are adopted: SECTION 3. REGUTATIONS 1. APPLICATION This Ordinance shall be applicable to any application for sanitary sewer service for any development or land use which either: -2- (a) Increases the installation of plumbing fixtures as defined by ordi- nances 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 amendments of General Plans or land use ordinances, zone changes, creation of new zones or the granting of zone relief such as variances or conditional use permits 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. 2. DEVELOPER OBLIGATION - -SEWER CONTRUCTION The DISTRICT may require the applicant for sewer service to construct sani- tary sewer service facilities in the public right-of-way before DISTRICT will authorize connection to its system. Such construction shall be without cost to the DISTRICT and shall be in accordance with the DISTRICT's standard specifica- tions. 3. DEVELOPER OBLIGATION -- DISTRICT -WIDE IMPACT 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- 4. DEVEUDPER OBLIGATION- -PAYM= OF FEE . 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, and shall be determined and collected as established by DISTRICT resolution. 5. FEE JUSTIFICATION The fee provided for in Paragraph 4 shall be established by resolution duly passed and adopted by the Board of the DISTRICT. The resolution shall establish justification for the fee under all of the following categories: (a) Purpose. Purpose for which the fee is being imposed. (b) Use. How the funds collected are to be used. (c) Relationship- -use. Relationship between the use of the fee and type of development. (d) Relationship —need. Relationship between need for the sewer facility and the type of development. (e) Relationship -- amount. Relationship between the amount of the fee and the cost of the sewer facility attributed to the development. The DISTRICT may solicit participation by the developer upon whom the fee is to be imposed in meeting the justification provided for herein. b. ACCOUNTING AND USE. Any fee obtained pursuant to this Ordinance and accompanying resolution shall be held in a separate account and not in the DIS- TRICT's general fund and shall be used only for the purpose *for which it was collected. 7. DISPOSTION — UNEXPENDED PORTION. Any unexpended portion or portion not committed for the use for which it was collected shall, at the expiration of five (5) years from the date it was collected, be refunded to the developer or then current record owner. -4- 8. EMIPTIONS. This Ordinance does not apply to that portion of any fee collected which is subject to a reimbursement agreement between the developer and the DISTRICT or the fees charged for processing development applications. 9. 0IMIZ FEES NOT AFFECIM. In any event, whether applicant constructs the facilities as provided for in Paragraph 2 or pays his proportionate share of the cost of construction as provided for in Paragraph 3, DISTRICT may require applicant to pay a fee as provided for in DISTRICT ordinances relating to engineering, in- spection 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. 10. DEVEUOPER OBLIGATION--RIGHT-OF-WAY--RELOCATION. In the event that additional facilities or the enlargement of existing facilities in the public right -of -way cannot be accomplished because of other underground utilities being prior in right, 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, or the cost of relocation of the prior in right underground utilities. 11. OTHER ORDINANCES NOT AFFECTED. 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. SECTION 4. REPEAL Ordinance 16 of the DISTRICT is hereby repealed. SECTION 5. PUBLICATION The Secretary of the DISTRICT shall certify to the passage of this Ordinance and shall cause the same to be published once in the Orange Coast Daily Pilot, a newspaper of general circulation, printed and published and circulated in the COSTA MESA SANITARY DISTRICT, Orange County, California, and seven (7) days from and after its publication it shall be in full force and effect. -5- PASSED AND ADOPTED by the Board of Directors of the COSTA MESA SANITARY DISTRICT, at a regular meeting held on the 9th day of March 19 -U• JAMES A. WANNER President ATI T: ROBERT HANSON Secretary I, Florine T. Reichle, Clerk of the Costa Mesa Sanitary District Board of Directors of Orange County, California, DO HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 21, 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 Boa-rd held on March 9, 1989; and that the same was passed and adopted by the following roll call vote: AYES: Directors - Wahner, Crank, Hanson, Green, Ferryman. NOES: Directors - None ABSENT: Directors - None DATED this 14th day of March, 1989. F_LOR_INET. REICHLE Clerk of the District Costa Mesa Sanitary District