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HomeMy WebLinkAbout2017-09-26 - ORDINANCES - VISTA CYN SEWERAGE FACILITIES (2)ORDINANCE NO. 17-13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ESTABLISHING PROVISIONS GOVERNING THE IMPOSITION OF FEES FOR THE USE OF CITY VISTA CANYON SEWERAGE FACILITIES THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Purpose and Policy. The purpose of this ordinance is to establish provisions governing the imposition of fees for the use of City Vista Canyon sewerage facilities. As part of the Vista Canyon Ranch development project, the developer was conditioned to construct a wastewater treatment facility, which, once constructed, will be owned and operated by the City of Santa Clarita (City). Operation and maintenance of such facility shall require ongoing revenue. California Health and Safety Code sections 5471 et Seq. authorize the imposition of fees and charges upon the users of such facilities. The revenues to be derived from the application of this Ordinance shall be used to defray all costs of providing sewage service by the City, including, but not limited to, administration, operation, monitoring, maintenance, financing, capital construction, replacement and recovery, and provisions for necessary reserves. SECTION 2. The Santa Clarita Municipal Code is hereby amended to add Chapter 15.60, Sewer Fees, to read as follows: FEES AND SEWER CAPACITY DETERMINATION 15.60.10 Authority The fees and charges referred to in this Ordinance are adopted pursuant to .Sections 5470 and 5471 of the Health and Safety Code of the State of California. 15.60.20 Definitions The following definitions shall relate to all occurrences of the terms listed below. a) "Annual Sewer System Charge" shall mean the fee or charge levied pursuant to this Chapter. b) "Department" shall mean the Department of Public Works of the City of Santa Clarita c) "Equivalent Benefit Unit (EBU)" shall mean the unit of measure that is based on the flow characteristics of an average single family residence in terms of sewage quantity and constituent quality. d) "Director" shall mean the Director of Public Works. e) "Fiscal Year" shall mean the period from July 1 to the following June 30, both inclusive. Land Use EBU Factor Single Family Residential 1.00 EBU per Dwelling Unit Single Family Residential - Condo 0.75 EBU per Dwelling Unit Multi-Family Residential - Apartment 0.60 EBU per Dwelling Unit Non-Residential - Office 0.75 EBU per 1,000 SF Non-Residential - Retail 0.38 EBU per 1,000 SF Non-Residential - Hotel 0.47 EBU per Room Non-Residential - Restaurant 8.86 EBU per 1,000 SF 15.60.40 Payment of Annual Sewer Service Charges a) Premises identified within the Vista Canyon Wastewater Sewer Fee District and Wastewater Standby District Engineer's Report will be subject to an Annual Sewer Charge collected on the Los Angeles County tax roll in the same manner as, by the same persons as, and at the same time as, together with and not separately from, the ad valorem real property tax beginning on July 1, 2018. b) Premises will be levied and assessed through the Wastewater Standby District until such time as each premise discharges sewage directly or indirectly into the City Vista Canyon Sewerage System. c) Government agencies not receiving tax bills will be invoiced in September for their Annual Sewer Service Charge. d) If a use increases, and therefore the Annual Sewer Service Charge increases, the initial year difference is paid with issuance of a Building Permit. Thereafter, the Annual Sewer Service Charge shall be collected with the ad valorum property tax or invoiced if the use is a governmental agency. In the event a Building Permit is not issued for the increased use, the Annual Sewer Service Charge shall be collected either with property taxes when the use is a private business or invoiced when the use is a governmental agency. e) The City Manager shall annually cause to be prepared and filed with the City Clerk the report described in Section 5473 of the California Health and Safety Code. f) The City Council shall consider said report at a public hearing noticed and conducted pursuant to Sections 5473.1 through 5473.2 of the California Health and Safety Code, following which hearing it may take action on the report, pursuant to Section 5473.3 of that Code and may direct that the City Clerk file the report and the charges contained therein with the Los Angeles County Auditor pursuant to Section 5473.4 of that Code. g) Upon the approval and filing of charges, such charges shall be subject to the provisions of Section 5473.5 through 5473.9 of the California Health and Safety Code, and other applicable law. SECTION 3. This ordinance shall take effect and be in force thirty (30) days after its passage. PASSED, APPROVED, AND ADOPTED this 26' day of September 2017. zz MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 12th day of September 2017. That thereafter, said Ordinance No. 17-13 was duly passed and adopted at a regular meeting of the City Council on the 26th day of September, 2017, by the following vote, to wit: AYES: COUNCILMEMBERS: Kellar, McLean, Miranda, Weste, Smyth NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 17-13 and was published in The Signal newspaper in accordance with State Law (G.C. 40806). a.Ilet_ CITY CLERK