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Home My WebLink About7/2/2003 - STAFF REPORTS (17) �DATE: 4une-t 2003- TO: City Council FROM: Director of Public Works/City Engineer SEWER ORDINANCE AMENDMENT TO CHAPTER 15.14, "REQUIRED USE OF SEWERS" RECOMMENDATION: That the City Council approve an Ordinance amending Section 15.14.020 of Title 15 of the Palm Springs Municipal Code (PSMC), clarifying conditions of requiring connection of existing buildings to the publicsewer. It is further recommended thatthe City Council adopt the attached resolution establishing a policy for the granting of exemptions of residential properties from connection to the public sewer system. SUMMARY: This proposed amendment and accompanying Resolution will update exemptions for sanitary sewer connections and clarify regulations concerning required sewer connections. Existing development with adjacent sewers will be required to connect to available public sewers rather than reconstructing or expanding on-site septic systems. BACKGROUND: Section 15.14.010 of the PSMC currently requires all new construction to connect to the public sewer unless an exemption is granted. Four cases for exemptions are listed. They are summarized as follows: a) Buildings without plumbing (duh); b)A single family dwelling constructed more than 500 feet from the nearest public sewer; c) A finding by the City Council that unusual topographic or other terrain conditions exist which make sewer connection difficult or imposes extreme economic hardship; d) When the treatment plant is incapable of serving the area involved, as determined by Council Resolution. If an exemption is granted, a private sewer system which is designed and constructed to City and County Health Department Standards must be installed. Council further defined exemption "c)" above in 1984 to be met when the on-site cost of connecting exceeded $3,000 per dwelling unit or when the off-site cost of sewer main extension exceeded $5,000 per dwelling unit. Section 15.14.020 of the PSMC currently requires all existing buildings to be connected to the public sewer, the only functional exemptions are"a), and c)"above. Since"b)" is not included, on-site septic systems can be expanded on developed sites even though public sewer systems have been installed in the streets within 500 feet of the property. As the City's sewer system has been expanded into areas which formerly had no sewers, the City has dealt with several property owners who are resisting hooking up to the City's sewer. This proposal would require developed property within 500 feet of a sewer to hook-up if the private septic system fails or if reconstruction or expansion of the existing septic system is proposed. / � A Sewer Ordinance Amendment June 18, 2003 Page 2 Further, the attached Resolution replaces Resolution 15188 adopted by the City Council in August 1984 to update the costs defining the "extreme economic hardship" to 2003 costs (59.2% increase to $4,776 on-site and $7,960 off-site), and provides for an automatic annual adjustment of the cost limits in accordance with Engineering News Record's Construction Cost Index. DAVID J. BARAKIAN Director of Publlii`c`Works/City Engineer APZVE ATTACHMENTS: 1. Proposed Ordinance 2. Resolution REVIEWED BY DEPI OF FINANCE I b Ao�. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, REPEALING RESOLUTION 15188 AND RE-ESTABLISHING GUIDELINES FOR THE EXEMPTION OF RESIDENTIAL PROPERTIES FROM CONNECTION TO PUBLIC SEWER PURSUANT TO CHAPTER 15.14 OF THE PALM SPRINGS MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Springs, California, by Resolution No. 11248 adopted November 20, 1974, established a policy requiring all then existing buildings and all buildings to be built thereafter, if such buildings contained plumbing, to be connected to public sewers; and WHEREAS, said resolution refers to an ordinance of the City implementing such policy, such ordinance being Ordinance No. 982, adopting Chapter 15.14 of the Palm Springs Municipal Code; and WHEREAS, said Chapter 15.14 of the Palm Springs Municipal Code contains certain provisions for exemption from such connection to public sewer; and WHEREAS, the City Council of the City of Palm Springs, California, had previously adopted by Resolution, guidelines to regulate the granting of said exemptions; and WHEREAS, the City Council of the City of Palm Springs, California, now desires to adopt by Resolution, guidelines to regulate the granting of exemptions pursuant to said Chapter 15.14 of the Palm Springs Municipal Code, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, California, as follows: 1. Resolution 15188 previously approved on August 15, 1984 is hereby repealed. 2. The general policy stated in Resolution No. 11248, requiring that all existing or future buildings now or hereafter containing plumbing be connected to the public sewer system is continued in full force and effect, the purpose of this resolution being only to establish guidelines for exemptions therefrom. 3. Each of the exemptions stated in Ordinance 982, including without limitation the exemptions provided in Section 15.14.010 and 15.14.020, introduced simultaneously with the adoption of said Resolution No. 11248, and thereafter enacted into law, are continued in full force and effect. 4. The condition that "...unusual topographic or other terrain conditions exist which make the connection to the public sewer impractical, unreasonable, unfeasible or impose extreme economic hardship upon the property owner if he is required to connect such building to the public sewer system..." is deemed to be met if the following circumstances shall be found to exist: It � 8 Resolution No. Page 2 a) If the cost of on-site sewer construction and connection, exclusive of sewer facility fee, shall exceed the sum of $4,776 per dwelling unit, or such greater sum as shall hereafter be determined by resolution of the City Council; or b) If the cost of sewer main construction, in the event no sewer main exists in proximity to said property, shall exceed $7,960 per dwelling unit, or such greater sum as shall hereafter be determined by resolution of the city council. The amounts in "a)" and "b)" above shall be adjusted annually in accordance with the Engineering News Record Construction Cost Index. Adopted this day of 12003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED ORDINANCE NO. AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 15.14.020 OF THE PALM SPRINGS MUNICIPAL CODE TO CLARIFY CONDITIONS REQUIRING CONNECTION OF EXISTING BUILDINGS TO THE PUBLIC SEWER The City Council of the City of Palm Springs, California does ordain as follows: SECTION 1 Section 15.14.020 (b) is hereby amended by adding the following subsection: (4) Existing buildings with private sewage disposal systems previously exempted from connection to the public sewer under this chapter shall be required to connect to the public sewer when public sewer is available within 500 feet of the property to be served and either of the following conditions occurs: (i) the private sewer system fails, or (ii) expansion or reconstruction of the private sewer systems is necessary, provided no conditions for exemptions contained in this Chapter have been met. SECTION 2 EFFECTIVE Date. This ordinance shall be in full force and effect 30 days after passage. SECTION 3 PUBLICATION. The City Clerk is hereby ordered and directed to certify to the passage of this ordinance and to cause same or a summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. Adopted this day of 12003. AYES: NOES: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED 16 C.�