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HomeMy WebLinkAboutOrdinance 628ORDINANCE NO. 628 I IAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF _I ATASCADERO, CALIFORNIA, AMENDING MUNICIPAL CODE TITLE 7 - "PUBLIC WORKS", CHAPTER 2 - "DEFINITIONS", CHAPTER 4 - "PERMITS AND CONNECTION FEES", AND CHAPTER 9 - "SEWER FACILITIES ACCOUNT" PERTAINING TO WASTEWATER WHEREAS, the City of Atascadero owns and operates a municipal wastewater collection and treatment system for the safe and reliable collection and disposal of wastewater in accordance with applicable regulations; and WHEREAS, Title 7, Chapters 1 through 10 of the Municipal Code pertain to rules and regulations concerning the wastewater system and was adopted by the Atascadero City Council on February 10, 2004 by Ordinance 438; and WHEREAS, the City of Atascadero levies_ and imposes various fees and charges for sewer connections to the wastewater system that are described in Title 7, Chapter 1 — "Definitions" and Chapter 4 — "Permits and Connection Fees" of the Municipal Code; and WHEREAS, Section 66013 of the California Government Code pertains to fees and charges for sewer connections imposed by local agencies and provides definitions for "sewer connection", "capacity charges", and "fee"; and WHEREAS, the Atascadero City Council desires to have terminology for sewer connection fees and charges in Title 7, Chapters 1 and 4, of the Municipal Code that are consistent with Section 66013 of the California Government Code; and WHEREAS, the Atascadero City Council desires to clarify other definitions and procedures pertaining to wastewater in Title 7, Chapters 1 and 4 of the Municipal Code; and WHEREAS, Title 7, Chapter 9 of the Municipal Code pertains to the Sewer Facilities Account that receives revenue obtained from sewer connection charges and designated revenues from sewer service charges used to pay the cost of upgrading and expansion of the wastewater collection and treatment facilities; and WHEREAS, current accounting practices allows revenues for the Sewer Facilities Account to be tracked and accounted for separately from other revenues deposited in the Wastewater Fund, whereby rendering the Sewer Facilities Account obsolete; and WHEREAS, on September 24, 2019, the City Council held",a- duly, ;�noticed public hearing, at which interested persons had an opportunity to testify in supportof, or in opposition to, the proposed amendments to Title 9 of the City's Municipal,Code and at which time the City Council considered the proposed amendments. n NOW, THEREFORE, THE CITY COUNCIL OF THE CITE --OF_ ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1: Recitals. The above recitals are true and correct and are hereby incorporated by reference. City of Atascadero Ordinance No. 628 Page 2 of 2 SECTION 2. Atascadero Municipal Code Title 7 - "Public Works", Chapter 2 - n "Definitions" and Chapter 4 - "Permits and Connections Fees" pertaining to wastewater is I 1I amended as detailed in Exhibit A attached hereto and incorporated herein by reference. SECTION 3. The contents of Atascadero Municipal Code Title 7 - "Public Works", Chapter 9 - "Sewer Facilities Account" pertaining to wastewater is deleted in its entirety and the chapter title is renamed "RESERVED". SECTION 4. The City Council of the City of Atascadero, in a regular session assembled on September 24, 2019, resolved to introduce for first reading, by title only, an Ordinance to amend Title 7 — "Public Works", Chapter 2 - "Definitions", Chapter 4 — "Permits and Connections Fees", and Chapter 9 — "Sewer Facilities Account" pertaining to wastewater as shown in Exhibit A on file in the City Clerk's Office and incorporated herein by reference. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 6. A summary of this Ordinance, approved by the City Attorney, together ^ with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this Ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. SECTION 7. This Ordinance shall take effect 30 days from the date of final passage. INTRODUCED at a regular meeting of the City Council held on September 24, 2019, and PASSED, APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California, on October 8, 2019. CITY OF ATASCADERO Heather Moreno, Mayor Vara K. hnstens Cle AP OVED AS TO FO L Brian A. Pierik, City Attorney EXHIBIT A n Chapter 2 DEFINITIONS Sections: 7-2.001 Definitions. 7-2.001 Definitions. "Accessory Dwelling Unit" ("ADU") means a secondary living unit, either attached or detached, associated with a single-family residence, as defined and used in Section 65852.2 or the Government Code and approved and permitted by the City. "Apartment" means a residence, as herein defined, which is part of or located in a multiple -family dwelling as herein defined. "Applicant" means the person submitting an application for a permit for a- sewer or plumbing installation and shall be the owner of the premises to be served by the sewer for which a permit is requested, or the authorized agent or the owner of the premises. "Bar" or "pub" means a building or portion thereof used for, or intended for use for, selling and consuming alcoholic drinks such as beer, wine, cider, and spirits, but not including eating establishments or production facilities such as breweries, wineries, and distilleries. "Bath" means a room containing one (1) or more water closets, bathtubs, shower stalls, and wash basins which are intended and suitable for human use and are connected to the sewer system. n "Biochemical oxygen demand (BOD)" means the quantity of oxygen utilized in the biochemical oxidation of organic matter, after five (5) days, using standard laboratory procedures and expressed in milligrams per liter (mg/1). "Building" means any structure used for human habitation or a place of business, recreation, or other activity and containing sanitary facilities. "Building sewer" means that portion of any sewer beginning two (2) feet from any building and extending to and including its connection to a public sewer. Building sewers are considered privately - owned and maintained by the owner of the property or project it serves. "Carwash unit" means a building or portion thereof used for, or intended for use for, the routine cleaning of motor vehicles comprised of a single bay or stall intended to accommodate a single vehicle at a time, whether or not part of a gas station. "City" means the City of Atascadero. "Cleanout" means a branch fitting installed in a sewer or pipe for the purpose of providing access for cleaning. "Commercial unit" means a building or portion thereof used for, or intended for use for, commercial, business or governmental purposes, including but not limited to stores, markets, business offices, government offices and other places of business, but not including eating establishments, laundromats, theaters, grocercy stores, or other business establishments previously defined herein. "Condominium unit" means a residence occupied or suitable for occupancy in whole or in part as a home or living quarters either permanently or temporarily by a single family, their guests and servants, but not including an apartment or other unit of multiple -family dwelling as defined herein. "Customer" means a person, property, or entity that owns a property that is connected to the City's waterwater system or who benefits from discharging sewage to the wastewater system. "Department" means the City of Atascadero Department of Public Works. "Director" means the Director of Public Works for the City of Atascadero. "Domestic wastewater" means water bearing only those wastes derived from the ordinary living processes and of such character as to permit satisfactory disposal to. and treatment at the City wastewater treatment plant. "Dwelling Unit" ("DU") means a single family, duplex, or multi -family living unit, as approved and permitted by the City. "Eating establishment" means a building or portion thereof, upon the premises of which are provided facilities for dining, eating and/or beverage consumption by the public, and which is held out by the owner or operator thereof as a place where food and/or beverages may be purchased for consumption upon the premises, including establishments designated as restaurants, cafes, drive-ins, coffee shops, ice cream parlors, and bowling alleys, and other such establishments where food or drink is served. "Encroachment permit" means a permit to excavate, occupy, block, construct, or perform other work in the public right-of-way or public easement. Encroachment permit applications are processed by the Public Works Department and approved by the Director. "Equivalent Dwelling Unit" ("EDU") means the equivalent sewer flow and strength from a single- family dwelling unit (one EDU) used for calculating proportionate sewer charges and fees for all other residential, commercial, and industrial uses. EDU assignment for industrial users and other unclassified uses, or connections with unusual sewer flow and strength, shall be determined by means deemed appropriate by the City Engineer. "Extension" means expansion of a service area or extension of a main sewer. "Financial Institutions" means a building or portion thereof used for, or intended for use for, financial market purposes, including but not limited to banks, credit unions, trust companies, mortgage lenders, and similar business. "Fixture" means any sink, tub, shower, toilet, or other facility components connected by drain to the sewer. "Fixture unit" means a quantity in terms of which the load -producing effects on the plumbing system connected to the sewer from different kinds of fixtures. "Garbage" means solid wastes from the preparation, cooking, and dispensing of food and from the handling, storage, and sale of agricultural products. "Garbage grinder" means a unit designed and used to grind or otherwise treat garbage so that it can be disposed of through the sewer system. "Gas station" means a building or portion thereof used for, or intended for use for, the on-site selling of gasoline and diesel fuel for motor vehicles and might include as ancillary uses the on-site selling of conven- ience goods including prepacked food, snacks, and drinks, and basic restroom facilities. "Grease" means all fat, grease, oil, wax or other trichloro-trifluoroethane soluble matter of animal, vegetable, petroleum or mineral origin. "Hotel" means a building or group of buildings containing six (6) or more sleeping rooms or suites of rooms designed as, and occupied or suitable for occupation as, a temporary abiding or sleeping place for persons who, for compensation, are lodged with or without meals, including buildings designed as hotels and boarding, lodging houses, rooming houses, but not including those defined herein as multiple -family dwellings, motels, trailer courts, or dormitories, sanitariums, hospitals, asylums, orphanages, or buildings where persons are housed under restraint. "Hotel room" means a room or suite of rooms in a hotel as herein defined, designed as, and occupied or suitable for occupation as, one (1) sleeping or living unit. "House trailer" or "mobile home" means a transportable structure designed, built and equipped as, and occupied or suitable for occupation as, a home or living quarters, either permanently or temporarily, by a single family and their guests and servants. "Industrial user" means a person, business, or entity who discharges nondomestic wastewater into the City sewer system. "Kitchen" means a room, all or any part of which is designed, built and equipped as, and is used or is intended to be used for the cooking and/or other preparation of food for human consumption. n"Lateral sewer", "sewer lateral", or "lateral" means that portion of a buiding sewer lying within a public right-of-way or easement, which connects, or is intended to connect, a building sewer to a main sewer. "Laundromat" means a building or portion thereof designed, equipped, and used or intended for use as a self-service laundry, where there is no pickup or delivery service and no steam or hand laundry of any type. "Lot" means any piece or parcel of land, bounded, defined, or shown upon a plot or deed recorded in the office of the County Recorder of San Luis Obispo County; provided, however, that in, the event any structure is located upon more than one (1) parcel of land all under one (1) ownership and as herein defined, the term "lot" shall include all such parcels of land. "Main sewer" or "sewer main" means that sewer, excluding lateral sewers, whose main purpose is to accept wastewater from lateral sewers and convey it to the wastewater treatment plant. "Manhole" means a structure for the purpose of providing access of a man to a buried sewer. "Motel" means a building or group of buildings containing two (2) or more rooms or suites of rooms, and designed, intended, or used primarily for the accommodation of transient automobile travelers, including establishments designated as motels, auto courts, tourist cabins, motor lodges, motor courts, and by similar designations. "Motel unit" means a room or suite of rooms in a motel as herein defined, designed as, and occupied or suitable for occupation as, one (1) sleeping or living unit. "Multiple -family dwelling" means a building or group of buildings designed as, and occupied or suitable for occupation as, a home or living quarters, either permanently or temporarily, by more than a n single family, including buildings, designated as apartment houses, apartment buildings, duplexes, triplexes and condominiums, but not including motels, hotels, dormitories, or trailer courts as herein defined. "Office unit" means a commercial unit that is occupied for, or intended for, office use. "pH." The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. "Permit" means any written authorization required pursuant to this Municipal Code. "Person" means any individual, firm, company, association, society, private or public corporation, group, governmental agency or educational institution. "Private main sewer" means that portion of a main sewer lying within a public right-of-way or easement, or on private property, that discharges wastewater to the City's wastewater system but is not owned or maintained by the City's Public Works Department. "Public main sewer" means that portion of a main sewer lying within a public right-of-way or easement, and maintained by, and subject to the jurisdiction of the City's Public Works Department. "Residence" means a building or portion thereof, or a group of buildings, designed as and occupied or suitable for occupation in whole or in part as a home or living quarters, either permanently or temporarily, by a single family and their guests and servants, including a house and an apartment or other unit of multi- ple-family dwelling as herein defined. "Rest home" means a building or portion thereof, or a group of buildings, designed as and occupied or suitable for occupancy in whole or in part as an establishment that provides housing and general care for the aged or the convalescent. "School" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of California, (� including preschool or nursery, elementary, junior and senior high and parochial and private schools and junior colleges, colleges, and universities. "Senior apartment unit means a dwelling unit residence designed as and occupied or suitable for occupation in whole or in partas a home or living quarters, either permanently or temporarily, by persons in the senior community. "Sewer" or "sanitary sewer" means a pipe or conduit for carrying wastewater. "Sewer capacity charge" or "wastewater capacity charge" means a charge for wastewater facilities in existence at the time a charge is imposed or charges for new wastewater facilities to be acquired or constructed in the future that are of proportionate benefit to the person or property being charged. Capacity I 1 ` J charges are one-time charges paid as a capital contribution for capacity in the wastewater system by new customers connecting to the wastewater system and existing customers that require increased capacity due to changes from development, use, or occupancy. "Sewer collection system" or "wastewater collection system" or "public sewer system" means the network of public main sewers, manholes, lift stations, forcemains, and other components that collects wastewater from the various laterals and conveys it to the wastewater treatment plant. "Sewer connec- tion" means the connection of a structure or project to a public sewer system. "Sewer connection fee" or "wastewater connection fee" means a fee related to the physical facilities necessary to make a sewer connection comprised of costs incurred by the City to process permit application, review plans, inspect construction of others, and other related expenses. Sewer connection fees are paid through the City's permit application process and associated fee schedules, including but not limited to sewer connection, encroachment, and building permits. "Sewer connection inspection fee" means a fee by the City for inspecting the actual physical connec- tion of a building sewer to either the City's main sewer or the lateral sewer stub -out at the property line. This charge does not include City inspection costs associated with any construction of building sewers in- volving trenching, backfilling, pipe installation, removals, restoration, or other work. "Sewer connection processing fee" means a fee by the City for administrative processing of sewer connection permit applications for new connections to the wastewater system, and existing connections that require a change in capacity due to changes from development or building occupancy. "Sewer extension reimbursement cost" means the proportional share of the cost of a sewer extension n I I per Section 7-5.003. This charge applies to new sewer connections to sewer extensions covered by a current I` reimbursement agreement approved by the City in accordance with Section 7-5.004. "Sewer service charge" or "wastewater service charge" means the monthly service charge levied and imposed upon any occupied premises within the City having any sewer connection with the sewerage sys- tem of the City, or otherwise discharging wastewater which ultimately passes through the City's sewerage system or to which a public sewer is available according to Section 7-3.001 of this title, and upon the owner or occupant thereof. "Shall" is mandatory; "may" is permissive. "Trailer court" means an area containing two (2) or more trailer spaces as herein defined, including areas designed as trailer courts, trailer camps, and by similar designations. "Trailer space" means an area which is laid out and provided with facilities including a sewer connection for, and is occupied or is suitable for occupation by, a house trailer as herein defined. "User classification" or "user category" or "customer classification" means the type of occupancy for a sewer connection to a building or project that discharges to the wastewater system. "Wastewater" or "sewage" means any water -carried wastes from residences, business buildings, public buildings, institutions, and industrial facilities. "Wastewater system" means the combined wastewater collection system and wastewater treatment plant with the purpose of collecting and treating wastewater discharges. "Wastewater treatment plant" ("WWTP") and "Water Reclamation Facility" ("WRF") means the arrangement of devices and structures used for treating wastewater generated within the City. (Ord. 438 § 2, 2004; Ord. 246 § 1 (Exh. A ), 1993; Ord. 181 § 2, 1988) n Chapter 4 PERMITS AND CONNECTION FEES Sections: 7-4.001 Permit required. 7-4.002 Application. 7-4.003 Application exemptions. 7-4.004 Sewer connection fees. 7-4.005 Sewer connection permit application required. 7-4.006 Building permit required. 7-4.007 Encroachment permit required. 7-4.008 Sewer capacity charges. 7-4.009 Capacity charges deposited where. 7-4.010 Fees and charges payable when. 7-4.001 Permit required. It is unlawful for any person other than the City to make any connection with any public or building sewer, or to construct or alter any public or building sewer, within the City without first obtaining appropri- ate permits from the City for such work. (Ord. 438 § 2, 2004) 7-4.002 Application. Any person desiring a permit for work involving sewers shall make application in writing to the City n giving such information as it may require, on forms to be furnished for that purpose. if it appears that the work to be performed is to be done according to the regulations contained in this title and otherwise provid- ed by law governing the construction of such work, a permit shall be issued upon payment of the required fees. (Ord. 438 § 2, 2004) 7-4.003 Application exemptions. Nothing contained in this chapter shall be deemed to require the application for, or the issuance of, a permit for the purpose of removing stoppages or repairing leaks in a building sewer, except when it is neces- sary to replace any part of such sewer or if such work occurs in the public right-of-way or a sewer easement. (Ord. 438 § 2, 2004) 7-4.004 Sewer connection fees. Sewer Connection fees shall be collected and paid through the City permit application process and as- sociated fee schedules, including but not limited to sewer connection, building, and encroachment permits. 7-4.005 Sewer connection permit application required. Property owners requesting new sewer connections to the City's wastewater system, or property owners of existing sewer connections that require a change in capacity due to changes from development, use, or occupancy, shall submit a complete sewer connection permit application and pay a processing fee. All applicants shall pay any sewer capacity charges due prior to issuance of sewer connection permit. In addition to the processing fee, capacity charges, and other required permit fees, property owners requesting new sewer connections or replacing existing sewer connections shall pay a sewer connection inspection fee prior to issuance of building or encroachment permits for sewer connection work. 7-4.006 Building permit required. For each connection of a building sewer to a lateral sewer, a building permit shall be applied for and secured by property owner or property owners' representative prior to any construction of the building I 1 sewer. I J 7-4.007 Encroachment permit required. For each connection of a sewer to a public main sewer that occurs in the public right-of-way or public sewer easement, an encroachment permit shall be applied for and secured by property owner or property owner's representative prior to any construction of the lateral sewer. 7-4.008 Sewer capacity charges. New customers connecting to the wastewater system, and existing customers requiring increased ca- pacity due to changes from development, use or capacity, shall pay sewer capacity charges as a capital contribution for capacity in the wastewater system in an amount proportionate to the cost of the capacity needed. Capacity charges shall be paid according to the user classification for new connections, and the change in user classification (occupancy) for existing connections. A change in user classification for an existing connection that results in a lower capacity will maintain a credit for the previous higher capacity use. Sewer capacity charges shall be set by Resolution of the Council. 7-4.009 Use of Capacity Charges. Sewer capacity charges shall be used to pay the cost of wastewater system upgrade and expansion. (Ord. 438 § 2, 2004) 7-4.010 Fees and charges payable when. All fees and charges assessed pursuant to this chapter, including any applicable sewer extension reim- bursement costs, shall be payable at the time of permit issuance. (Ord. 438 § 2, 2004) Chapter 9 RESERVED 17 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO ) ss CITY OF ATASCADERO ) I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO HEREBY CERTIFY that Ordinance No. 628 was duly introduced at a regular meeting held September 24, 2019 and adopted at a regular meeting of the City Council held on the 8th day of October, 2019 by the following roll call vote, to wit: AYES: Council Members Bourbeau, Fonzi, Funk, Newsom and Mayor Moreno NOES: None ABSENT: None - LAA CHk STE SEN, CLERK I hereby certify that the foregoing is the original of Ordinance No. 628 duly passed and adopted by the Atascadero City Council at their regular meeting held on October 8, 2019 and that summaries of the Ordinance were published on September 28, 2019 and October 12, 2019 in the Atascadero News newspaper.