TO: LINDA REICH, CITY MANAGER
FROM: HYE JIN LEE, PE, DIRECTOR OF PUBLIC WORKS
SUBJECT
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Adopt Resolution 2024-008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer and request approval from the San Bernardino LAFCO for Sanitary Sewer service for the property at 12251 Pipeline Avenue.
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RECOMMENDATION
1) Adopt Resolution No. 2024-008 conditionally approving a Covenant Agreement to Annex for Sanitary Sewer; 2) request approval from the San Bernardino Local Agency Formation Commission (LAFCO) for sanitary sewer service for the property located at 12251 Pipeline Avenue within the City of Chino’s Sphere of Influence; and 3) authorize the City Manager to execute all the 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 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:
• Positive City Image
• Superior Customer Service
• 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 public sewer system.
The property owner located at 12251 Pipeline Avenue is requesting sewer service from the City for its existing single-family residence, which currently utilizes an on-site septic system. Additionally, the property owner recently received approval from San Bernardino County for the construction of a detached 811 square-foot accessory dwelling unit (“ADU”).
The City’s current Policy Related to Sanitary Sewer within the City’s SOI (“Policy”) states that parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards. The proposed ADU meets the City’s current standards which allows for a 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 ADU meets the City’s requirements, the State allows jurisdictions to enact their own ordinances for the implementation and development of ADUs.
City staff analyzed the existing sewer facilities contiguous to the property and there is an existing 12” sewer line in Pipeline Avenue to serve the primary residence and ADU. The cost to design and construct the sewer lateral will be at the sole cost of the property owner.
ISSUES/ANALYSIS
The subject property is adjacent to the City boundary; however, the annexation of the property into the City has been determined to be impractical at this time due to the property being an individual lot. The Local Agency Formation Commission (LAFCO) for San Bernardino County would most likely require a larger area beyond the property to be annexed to create a more logical service boundary, which would be a significant burden for the property owner to try and coordinate and manage. Moreover, LAFCO fees, City fees, County fees, and construction costs would be cost-prohibitive for one property owner to take on. As a result, the property owner will execute a Covenant Agreement to Annex for Sanitary Sewer Service with the City for the subject property to annex into the City in the future (attached to the Resolution as Exhibit B). This is consistent with current City Council policy.
With the adoption of Resolution No. 2024-008, the City Manager will be authorized to execute the LAFCO Application for Extension of Service by Contract (attached to the Resolution as Exhibit A) and submit the Application to LAFCO. The approval of the Covenant Agreement to Annex for Sanitary Sewer Service is contingent upon the approval by LAFCO and reimbursement by the applicant of all the applicable fees incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer service to the Property. The City Manager is authorized to execute the Agreement on behalf of the City following notification by LAFCO that the City’s request to extend services to the Property has been approved. If the City’s request to extend services to the property is not approved by LAFCO, or if the applicant does not submit a full reimbursement to the City, the Agreement shall not be executed by the City.
Therefore, staff recommends that the City Council adopt Resolution No. 2024-008, conditionally approving the Covenant Agreement to Annex for Sanitary Sewer Service and request approval from LAFCO.
Attachment: Resolution 2024-008
Exhibit A - LAFCO Application
Exhibit B - Covenant Agreement to Annex