A.
The
purpose of this fee is to finance construction of wastewater interceptor,
treatment and disposal facilities necessary to mitigate the impact
of new development in the city upon such facilities, as supplemented
by available ad valorem taxes.
B.
In
order to implement the goals and objectives of the city general plan
and the Chino Basin Regional Sewage Service Contract, a ten-year capital
improvement program, which shall be updated annually, has been prepared
by the Chino Basin Municipal Water District (CBMWD), for those expansions
of the regional sewerage facilities to be needed by the contracting
agencies and which will mitigate sewage impacts caused by new development
in the city and within the spheres of each of the contracting agencies.
The initial ten-year capital improvement program commences with the
fiscal period 1987/88-1997/98. The ten-year capital improvement program,
which is incorporated by reference, establishes that certain public
sewage treatment facilities must be or had to be constructed to provide
adequate treatment capacity to service anticipated new development
within the jurisdiction of each of the contracting agencies. The cities
and agencies contracting for sewage treatment with the Chino Basin
Municipal Water District (CBMWD) are Cucamonga County Water
District, Fontana, Montclair, Ontario, Chino, Upland and the county
of San Bernardino.
The contracting agencies and CBMWD have determined that a development
impact fee is needed in order to completely finance these public improvements
and to pay for the development's fair share of the construction costs
of these improvements. In establishing the fee contained herein, the
city council has found the fee to be consistent with its general plan
and, pursuant to Government Code Section 65913.2, has considered the
effects of the fee with respect to the city's housing needs as established
in the housing element of the general plan.
C.
CBMWD's
10-year capital improvement program identifies the need for new regional
wastewater interceptor, treatment and disposal facilities and sets
forth the relationship between new development, needed facilities
and estimated costs of the facilities. This report is annually updated
by CBMWD. The report utilizes the contracting agencies forecasted
growth and an analysis of CBMWD's financial projection of being able
to provide capacity. Those projections have been examined and have
been found to be reasonable estimates of the projected growth within
the city and the regional service area of the CBMWD.
D.
The
regional sewerage supplemental capital outlay fees collected pursuant
to this section shall be used to finance only the debts identified
in the CBMWD ten-year capital improvement program in accordance with
the terms of the regional sewage service contract.
E.
The
city finds that new development within the city will generate additional
need for sewage treatment capacity within the regional service area
and will contribute to the degradation of treatment facility capacity
within the CBMWD contracting area.
F.
The
facts and evidence presented in CBMWD's ten-year capital improvement
program establish that: (1) there is a reasonable relationship between
the need for the wastewater interceptor, treatment and disposal facilities
and the types of development considered in the forecasts submitted
by the contracting agencies, including the city, for which a regional
sewerage supplemental capital outlay fee is hereby imposed; (2) there
is a reasonable relationship between the use of such fee and each
type of development project upon which the fee is imposed; (3) there
is a reasonable relationship between the amount of the fee and the
cost of the facilities to be built to service the new development
projects for which the fee is imposed; and (4) the procedures used
to determine these relationship are described in more detail in the
"Agreement Amending and Supplementing Chino Basin Regional Sewage
Service Contract" and the ten-year capital improvement program.
G.
There
is a need in this city for sewage treatment capacity which has not
been constructed or has been constructed in anticipation of new development
which has not contributed its fair share towards these facility costs
and said facilities have been called for in or are consistent with
the city's general plan.
H.
The
cost estimates set forth in CBMWD's ten-year capital improvement program
are reasonable cost estimates for constructing wastewater interceptor,
treatment and disposal facilities necessitated by projected new development,
and the development fees collected by the city from any affected development
project will not exceed the total of these costs attributable to the
increased capacity necessary to serve that project.
(Prior code § 7511.1)
A.
Every
person constructing any new residential structure in the city who
connects to the city's sewer collection system shall pay to the city
a regional sewerage supplemental capital outlay fee for each residential
unit. Any unit built as a replacement for a similar unit which had
been connected to the sewer shall not be required to pay this fee.
A "residential unit" is defined as each unit designed for the purpose
of providing permanent housing for one family or tenant. This includes,
but is not limited to, single-family detached, apartment, townhouse,
condominium, mobilehome or trailer space. Each unit shall constitute
one equivalent dwelling unit (EDU).
B.
For
residential structures with building permits issued prior to July
1, 1979, no regional sewerage supple-mental outlay fee will be levied.
If the original building permit was issued on or after July 1, 1979,
then the fees established at the date of permit issuance will apply
as follows:
|
Date of Permit Issuance
|
EDU Rate
|
|---|---|
|
Prior to July 1, 1979
|
Exempt
|
|
July 1, 1979 to December 31, 1989
|
$ 950.00 per EDU
|
|
January 1, 1990 to, December 31,1990
|
1,700.00 per EDU
|
|
January 1, 1991 to December 31,1991
|
1,805.00 per EDU
|
|
January 1, 1992 to June 30, 1993
|
1,837.00 per EDU
|
|
July 1, 1993 to June 30,1994
|
1,914.00 per EDU
|
|
July 1, 1994 to June 30,1995
|
3,350.00 per EDU
|
|
After June 30, 1995
|
As established by CBMWD and adopted by resolution of the city
council.
|
(Prior code § 7511.2)
A.
Commercial
Structures. All owners or occupiers of structures designed for the
purpose of providing permanent housing for enterprises engaged in
the exchange of goods and services who connect to the city sewer system
shall pay the regional sewerage supplemental capital outlay fee. Such
structures shall include but not be limited to all private businesses
and service establishments, schools, churches and public facilities.
EDU's shall be determined by multiplying the fixture units (FU) (as
defined by the most current Uniform Plumbing code adopted by the city)
shown on the approved building plans by the appropriate sewage factor
for the use category shown in the following table:
|
COMMERCIAL USE CATEGORIES AND SEWAGE FACTORS
| ||||
|---|---|---|---|---|
|
Use Category
|
Type of Business
|
Sewage Flow
(gals/day per FU)
|
BOD / TSS
|
Sewage Factor
(SF)
|
|
I
|
Hotel/motel
Recreation/amusement
Restaurant (fast food)
Office
Retail store
Market (w/o butcher shop)
Bar/tavern
|
12 gpd
|
230/220
|
0.0444
|
|
II
|
Market with butcher shop
Bakery
Mortuary
|
24 gpd
|
250/350
|
0.1081
|
|
III
|
Convalescent home
Hospital
Health spa with pool
Restaurant (full-service)
|
42 gpd
|
250/300
|
0.1780
|
|
IV
|
Laundry
Dry cleaner (processor)
|
43 gpd
|
350/500
|
0.2499
|
|
V
|
Car wash (coin-operated)
|
102 gpd
|
150/500
|
0.4910
|
|
VI
|
Church
School
Public facility
|
17 gpd
|
230/220
|
0.0630
|
|
VII
|
Health spa w/o pool
Laundromat (See Note A, below)
|
42 gpd
|
230/220
|
0.1555
|
|
Note A: (For commercial laundromats, if high-efficiency, water-saving
front-load washers from approved Metropolitan Water District of Southern
California (MWD) washer list are used, the number of fixture units
per machine is established at two 2 fixture units.
|
The total EDU's for commercial centers with various
use categories will be the sum of the EDU's computed for each use
category. Similarly, hotel complexes that contain restaurants, pools,
health clubs or laundry facilities shall be calculated based on the
individual uses in the complex with the fee based on the sum of the
EDU's computed for each use category.
B.
Industrial
Structures. All owners or occupiers of structures designed for the
purpose of providing permanent housing for an enterprise engaged in
the production, manufacturing or processing of materials, who connect
to the city sewer system shall pay the regional sewerage supplemental
capital outlay fee. The EDU for industrial structures shall be determined
as follows:
1.
For
domestic (sanitary) type wastewater, multiply the fixture units (as
defined by the Uniform Plumbing code) shown on the approved building
plans by a sewage factor of 0.0741, based on a 20 gallon per fixture
unit flow a day.
2.
For
nondomestic wastewater (NDW) and process wastewater, compute EDU from
information contained in the nondomestic wastewater discharge permit
or test data for BOD and TSS, using the formula;
|
EDU
|
=
|
Estimated NDW flow
|
[0.37 + 0.31
|
BOD
|
+ 0.32
|
TSS
|
]
|
|
270
|
230
|
220
|
C.
The
regional sewerage supplemental capital outlay fee will apply to all
commercial and industrial and other non-residential development regardless
of when the structure was constructed. When a nonresidential use requests
to connect to the sewer system or modify its use if already connected,
the fee shall be based on the current fee in effect at the time the
connection or modified use is made.
D.
Exhibit J of the Regional Sewerage Service Contract. The categories and sewage factors listed in subsection A of this section are as established in Exhibit J of the regional sewerage service contract, copies of which are on file in the offices of the public works director and the city clerk of the city. Exhibit J and the whole thereof in its present form or as may be amended from time to time by resolution, is adopted by reference and incorporated as if fully set forth herein and shall be controlling and enforceable within the city, including areas outside of its limits that are served by the community sewers.
(Prior code § 7511.3; Ord. 1785 §§ 4, 5 2005)
B.
Such
fee shall be paid prior to the issuance of a building permit or a
sewer connection permit, whichever would be first issues.
(Prior code § 7511.4)
On or about April 1st of each year, CBMWD shall review the estimated
cost of the capital improvements described in the ten-year capital
improvement program, the continued need for those improvements and
the reasonable relationship between such need and the ten-year growth
forecast submitted by the contracting agencies as well as the regional
sewerage supplemental capital outlay fee. CBMWD shall report its findings
to the regional technical and policy committees and recommend any
adjustment to the fee or other action as may be needed to CBMWD's
board of directors.
(Prior code § 7511.5)
The revenues raised by payment of this fee shall be placed in
a separate and special account.
(Prior code § 7511.6)
A developer of any project subject to the fee described in this
section may apply to the city engineer for a reduction or adjustment
to that fee, or a waiver of that fee, based upon the absence of any
reasonable relationship or nexus between the sewage impacts of that
development and either the amount of the fee charged or the type of
facilities to be financed. The application shall state in detail the
factual basis for the claim of waiver, reduction, or adjustment. If
a reduction, adjustment, or waiver is granted, any change in use within
the project shall invalidate the waiver, adjustment, or reduction
of this fee.
(Prior code § 7511.7)
