Agenda - 04-05-2011 - 7a - Laserfiche WebLink

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196 including protecting the character of surrounding properties and encouraging mixed use {BPD-C~~. if directed by the BQCC, staff could include additional language frorn the existing Planned Development text. ~n Concerna The proposed definition of `wastewater treatment facilities' within the Unified Development Ordinance thereafter `UDO'~ is overly broad and would allow forthe installation of systems within the rural areas of the County that may be incompatible with the region as a whole, The Conditional Use approval process will only add to the problem. Existing definitions should be used until new definition if thoroughly studied as part of the second phase afthe UD®. ~esponseb Section fi.~D,1 ofthe Orange CountyZoning Ordinance 4hereafter`th~ Ordinance'} prohibits the installation of'g~ound absorption systems' and `package treatment plant systems' with a design capacity over ~,CCO gallons a day within the Rural Buffer {RB}and Agricultural Residential {AR}general use coning districts without the review and approval of a Class A Special Use Permit (hereafter `SUP'S or a Planned Development application. There is no existing definition within the Ordinance addressing what exactly a `ground absorption system' actually is. Staff was experiencing problems with enforcing the provisions of Section ~~~~,~. due to the lack of apprvpr'rate definitions as well as the fact the existing regulation {written in ~3SS} does not address newer types of wastewater treatment facilities as.applicants~developers argued that certain systems that did not involve the `ground absorption' of effluent were not regulated under the provisions of the Ordinance. Staff was put 'rnto the position of having to argue over the `intent' of the regulation with applicants {i.e., that any wastewater treatment facility with a capacity of over 3,~Q0 gallons per day is subject to the requirement}. In consultation with the Urange County Environmental Health Department, staff developed the definition of wastewater treatment systems contained within the UDO {page 1D-63~. Instead of being too broad, as some have argued, this new definition actually would impose existing design capacity limits {refer to Section{s} 3.3 and 3.4 of the UDQ} on wastewater systems developed within the RB and AR zoning districts to a wider range of systems that may or may not necessarily involve a 'ground absorption' component. The Conditional Use District permitting process will not eliminate the need for the system to be revievued. This process still requires the issuance. of a Special Use Permit, where the appropriateness ofthe proposed wastewater treatment system is considered in acting on the request. revised 03.03.11}