TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Public Improvement Agreement for sanitary sewer connection for the property located at 11667 Monte Vista Avenue within the City of Chino’s Sphere of Influence.
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RECOMMENDATION
Approve a Public Improvement Agreement for sanitary sewer service to the property located at 11667 Monte Vista Avenue, within the City of Chino’s Sphere of Influence; and authorize the City Manager to execute all necessary documents on behalf of the City.
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FISCAL IMPACT
The property owner will be required to pay the City’s Sewer Service Charge, the Sewer Facilities Development Fee (a pass-through fee to the Inland Empire Utilities Agency), and Sewer Development Impact Fees as applicable.
CITY OF CHINO MISSION / VISION / VALUES / STRATEGIC ISSUES
The recommendation detailed above will further the City’s values and strategic issues that serve as key pillars on which identified priorities, goals, and action plans are built, by fostering:
• Responsible Long-Range Planning
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BACKGROUND
The City of Chino is the sole provider of sanitary sewer service within the City’s limits and Sphere of Influence (“SOI”). Owners of parcels located in the SOI may request that the City allow their property to connect to the City’s sewer system.
The property owner (OC Properties, LLC) located at 11667 Monte Vista Avenue requested sewer service from the City for its existing residence, which currently utilizes an on-site septic system. Additionally, the property owner recently received approval from San Bernardino County for the construction of two 1,100 square-foot accessory dwelling units (“ADUs”) that will be attached to the existing residence.
At the time the City approved the property owner’s request for sanitary sewer service, the prior Sanitary Sewer Policy was in effect. For this reason, the proposed sewer connection has been evaluated under that policy, which requires parcels requesting sewer service to be developed in accordance with the City’s General Plan and in conformance with all applicable City codes and standards The proposed ADUs do not fully meet the City’s current standards which would allow an attached junior ADU (maximum 500 square-feet) and an attached or detached ADU (maximum 1,200 square-feet). However, the Policy also provides an exemption that sewer service shall not be denied to the property owner based solely on the incompatibility of development standards related to ADUs that otherwise meet the requirements of State law. Although the proposed ADUs do not fully meet the City’s requirements, the State allows jurisdictions to enact their own ordinances for the implementation and development of ADUs. San Bernardino County’s Development Code 84.01.050A allows for two ADUs on a property with a single-family dwelling unit.
City staff analyzed the existing sewer facilities contiguous to the property and there is an existing 8" sewer line roughly 200 feet +/- southerly on Monte Vista Avenue to serve the subject property all inclusive. The improvements consist of the construction of approximately 265 linear feet of 8” sewer main and approximately 100 linear feet of two 4” sewer laterals. The scope of work also includes installation of one sewer manhole, trench excavation, backfill and street surface restoration, installation of two sewer cleanouts, and reconstruction of affected portions of the existing cross gutter. The cost to design and construct the sewer line and laterals will be at the sole cost of the property owner.
On December 5, 2023, the City Council adopted Resolution No. 2023-070, approving the City’s request and authorizing the City Manager to execute and submit an application to the Local Agency Formation Commission (LAFCO) for an Extension of Service by Contract to provide sanitary sewer service to the subject property. Following City Council approval, LAFCO reviewed the application and approved the request on February 21, 2024. Consistent with City Council policy and LAFCO requirements, the property owner subsequently executed a Covenant Agreement to Annex for Sanitary Sewer Service, which was recorded with the San Bernardino County Recorder on March 12, 2024 (Exhibit A).
ISSUES/ANALYSIS
As standard practice, City staff verify that properties within the SOI are free of outstanding code enforcement violations prior to the extension of municipal services. In this instance, the property owner has coordinated with San Bernardino County to resolve all previously identified code enforcement matters, and the property is confirmed to be in good standing.
Based on the updated plans, reports, and supporting documentation submitted to the City by the property owner, the proposed development is ready to proceed, with Council approval. The design for the proposed sewer improvements has been completed and reviewed for compliance with applicable City standards and specifications. The scope of the proposed improvements exceeds that of a typical service connection and constitutes public infrastructure. Accordingly, the improvements are of sufficient scale to warrant the execution of a Public Improvement Agreement (PIA) and the posting of required securities to ensure the improvements are completed and accepted in compliance with City requirements.
Attachments:
Exhibit A - Irrevocable Agreement to Annex for Sanitary Sewer Service
Exhibit B - Public Improvement Agreement
Exhibit C - Vicinity Map