ORD 20-09 Regulating Sewer Main Connection FeesORDINANCE NO. 20-09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING SECTION 13.56.090
OF THE ORANGE MUNICIPAL CODE
REGULATING SEWER MAIN CONNECTION FEES.
WHEREAS, the timing of payment of fees imposed under the Mitigation Fee Act on
residential development is governed by the Mitigation Fee Act and more specifically by
Government Code Section 66007; and
WHEREAS, the Mitigation Fee Act provides three alternatives that can trigger the
City's collection of impact fees upon residential development consisting of more than one
unit; and
WHEREAS, the City Council has directed that impact fees on residential
development should be collected on a pro rata basis on the date of the final inspection or
issuance of certificate of occupancy for each unit, whichever occurs first; and
WHEREAS, the City Council desires to make payment of sewer main connection
fees due and payable at the same time as other development impact fees; and
WHEREAS, this Ordinance does not change the amount of any fees, only the time in
which impact fees on residential development are due and in most cases will result in
payments being required later in the development process.
NOW THEREFORE, the City Council of the City of Orange does ordain as follows:
SECTION I:
Section 13.56.090 of the Orange Municipal Code shall be deleted in its entirety and
replaced with the following:
13.56.090 Charges for Sewer Mains or Extensions
The sewer main connection fee required by this Chapter shall be due upon the
following:
1. All Non-Residential Development. As a condition precedent to the issuance of a
building permit.
2. Residential Development. On the date of final inspection or certificate of
occupancy for each unit, whichever occurs first. The rate at which the fee shall be charged
for residential development shall be based upon the rate that was in place at the time a
building permit was issued for each unit.
3. Hospitals and other Health Facilities issued building permits by the State. As a
condition precedent to approval of a grading plan, which requirement shall appear in any
CUP issued for such a facility."
SECTION II:
The following provisions shall not be codified in the Orange Municipal Code, but
shall control over such codified provisions until the decision by the Orange County
Sanitation District to defer collection of its Capital Facilities Capacity Charge expires.
13.56.090 Charges for Sewer Mains or Extensions
Until expiration of the decision by the Board of Directors of the Orange County
Sanitation District to defer collection of its Capital Facilities Capacity Charge (see
Resolution No. 09-11 of the Orange County Sanitation District) the sewer main connection
fee required by Chapter 13.56 shall be due upon the following:
1.For projects that result in less than $30,000 in payment of Orange County
Sanitation District Capital Facilities Capacity Charges, upon issuance of a building permit.
2.For projects that result in more than $30,000 in payment of Orange County
Sanitation District Capital Facilities Capacity Charges, upon final inspection or certificate of
occupancy for each unit, whichever occurs first.
3.For hospitals and other health facilities issued building permits by the State, as
a condition precedent to approval of a grading plan, which requirement shall appear in any
CUP issued for such a facility."
SECTION III:
A summary of this Ordinance shall be published and a certified copy of the full text
of this Ordinance shall be posted in the Office of the Ciry Clerk at least five (5) days prior to
the City Council meeting at which this Ordinance is to be adopted. A summary of this
Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage
in a newspaper of general circulation, published, and circulated in the City of Orange. The
City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such
adopted Ordinance along with the names of those Ciry Council members voting for and
against the Ordinance in accordance with Government Code Section 36933. This Ordinance
shall take effect thirty (30) days from and after the date of its final passage.
ADOPTED this 8`" day of December, 2009.
w
rolyn V. avec e, Mayor, Ci of Orange
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ATT ST:
Nlary E.ity C erk, City o r ge
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF ORANGE
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the 24r" day of November, 2009, and thereafter at the regular meeting of said
City Council duly held on the 8t" day of December, 2009, was duly passed and adopted by
the following vote, to wit:
AYES: COLTNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau
NOES: COLTNCILMEMBERS: None
ABSENT: COLTNCILMEMBERS: None
ABSTAIN: COITNCILMEMBERS: None
Mary E.hy, City Clerk, Cit of Orange
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