HomeMy WebLinkAboutOrdinances_2302_CCv0001.pdf ORDINANCE NO. 230
AN ORDINANCE INANCE CSF THE CITE'` OF REDLANDS AMENDING 'CHAPTER
E3,60 OF THE REDLANDS MUNICIPAL CODE RELATING TO UTILITY
CONNECTIONS FOR RESIDENTIAL DEVELOPMENT {OUTSIDE CITY
BOUNDARIES
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS
Section l.; The text of Chapter 13.60 of the Redlands Municipal Code relating to utility,
connections for residential development outside City boundaries is hereby deleted in its entirety and
replaced with the following:
"Chapter 13.60'
UTILITY CONNECTIONS FOR
RESIDENTIAL DEVELOPMENT OUTSIDE CITY BOUNDARIES
Sections;:
13.60.010 Purpose and Intent.
13.60.0Definitions.
13.60.030 Contiguous Projects.
13,60,040 Processing Dates.
.
13.60.050 General Requirements.
13.60.060 Availability of Nater and/or Seder Connections.
13.60.070 Priority.
13.60.010 Purpose and Intent
The extension of utility services outside theCity's boundaries is solely a discretionary
decision of the Cite Council taking into account the City's goals and policies relating to land
planning,utility infrastructure, and the public health, safety and welfare of its citizens. The purpose
of this Chapter is to establish a ,procedure for the application and approval of connections to the:
City's water system and/or sewerage system for residential development projects within the City's
sphere of influence and planning area.
13.6 ,020 Definitions.
For the purposes of this Chapter, the following words shall have the meanings hereby`
ascribed to them:
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A. "Applicant" shall mean the owner of the property for which a water and/or sewer
connection is requested.
& "Availability" shall mean the reservation of water and/or sewer Connections for the
calendar year for which an application is made for a water and/or sewer Connection to Redlands'
water and/or sewerage system for a Residential Dwelling Unit.
C. "CE A" shall mean the California Environmental Quality Act (Public Resources
Code Section 21000 et. ss q.) as amended.
D. "Connection" shall mean the approval of an application for a water and/or sewer
connection and the physical setting of a water meter and/or the physical connection of a Residential
Dwelling unit to the City's sewerage system.
E. "LAFCO" shall mean the Local Agency Formation'Commission for the County of
San Bernardino, California.
F. "Major Project" shall mean a Project consisting of five or more Residential Dwelling
Units.
Cl. "Minor Project" shall mean a Project consisting of four or less Residential Dwelling
Units.
H. "Project" shall mean any residential development project, existing or proposed.
1. "Residential Dwelling Unit" shall mean any single-family residence,apartment, unit
of a duplex, triplex, multifamily structure or mobile home.
13Y.WO30 Contiguous Projects.
The procedure, established by this Chapter shall apply only to Projects located on property
which is not contiguous to the City's boundaries. Unless specific findings are made by the City
Council that the provision of water and/or sewer service without annexation is in the best interests
of the public health, safety and welfare, all Projects located on property contiguous to the City's
boundaries shall annex to the City of Redlands as a condition of receiving water and/or sewer
Connections to the City's water and/or sewerage system.
13. .040 Processing Dates.
A; For each calendar year, the initial deadline for submitting applications to the City's
Municipal Utilities Department for Availability of water and/or sewer Connections shall be January-
4th of such year. Applications may be submitted any time prior to January 4th.
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B. For each calendar year,the second deadline for submitting applications to the City's
Municipal Utilities Department for Availability of water and/or sewer Connections shall be June
I st of such year.
C. The express intent of the City Council for establishing two filing dates for
I y
applications for Availability of water and/or sewer Connections is:
1;. To implement the provisions ofthevoter-approved initiative zoning ordinance
Proposition "R." as amended by Measure "N," and ensure that no more than one hundred fifty water
and/or sewer Connections are made to Residential Dwelling Units constructed outside the City's
corporate boundaries-,
To ensure that applications for water and/or sewer Connections outside the
City's boundaries are made in good faith and at the times when both the applicants for Projects and
the City reasonably believe that the proposed Projects will effect Connections to the City's water
and/or sewerage system, and
3. To ensure that no Project unreasonably impedes the efforts of another Project
which, in good faith, is attempting to obtain a water and/or sewer Connection to the City's water
and/or sewerage system.
13.60.050 General Requirements.
Water and/or sewer Connections shall be made in accordance with the following provisions:
A. Applications for Availability of water and/or sewer Connections shall be filed with
the Municipal Utilities Department. The applicant shall be the owner of the property for which the
Connection is requested', or the authorized agent of the owner who has the written consent of the
owner to file an application. Submittal of an application shall be accompanied by the payment of
the applicable processing fee in the amount established by the City Council. The processing fee
shallnot be refundable.
13. An Application for Availability of a water and/or sewer Connection shall expire at
the end of the calendar year for which it is filed. A new application shall be filed,and the applicable
fees for reapplication shall be paid, for each subsequent calendar year during which a water and/or
sewer Connection that was the subject of an expired application is sought.
C. As a condition of receiving a water and/or sewer Connection, the property upon
which the Project is located and the proposed use shall be consistent with the goals and
implementing policies of the Redlands General Plan.
D. Pursuant to the requirements of CEQA, application shall be made to the City for
environmental review by the City asp of the application for a water and/or sewer Connection and
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the preannexation agreement required by this Chapter, Submittal of the application for
environmental review shall be accompanied by the payment of the applicable processing fee in the
amount established by the City Council. The processing fee shall not be reftindable.
E Concurrent with the filing of an Application for availability of a water and/or sewer
connection, the applicant shall also make application to the City's Community Development
Department for a preannexation agreement. Submittal of the application for a preannexation
agreement shall be accompanied by payment of the applicable processing fee in the amount as
established by the City Council. The processing fee shall not be refundable.
F. Water and/or sewer Connections shall be distributed to Minor Projects on a first-
come,first-served basis. The number of available Connections for Minor Projects for each year shall
be set by resolution of the City Council. Notwithstanding the foregoing, if no such resolution is
adopted for any given calendar year, the number of available Connections for Minor Projects for
such year shall be equal to the number of available Connections for Minor Projects established for
the previous year,
G. Availabilitv for water and/or sewer Connections for Major Projects for each year
shall be set by resolution of the City Council. Notwithstanding the foregoing, if no such resolution
is adopted for any given calendar year,the number of available Connections for Major Projects shall
be equal to the number of available Connections for Major Projects established for the previous year.
The availability of water and/or sewer Connections shall be issued on a priority basis for the calendar
year, The determination of a Major Project's priority for issuance of water and/or sewer Availability
shall be made by the Municipal Utilities Director based upon the date of receipt of a completed
application and the applicant's compliance with the requirements of this Chapter.
H. Upon the City's receipt of completed applications for a water and/or sewer
Connection, environmental review and the preannexation agreement, the Municipal, Utilities
Director and Community Development Director shall present the applications to the City Council
for its determination on whether the public health, safety and welfare, and the best interests of the
citizens of Redlands, are served by the Citys continued processing of the applications. Applications
for a sewer Connection shall be approved only for those Projects receiving domestic water from the
City's water system, unless specific findings are made by the City Council that the provision of City
sewer service to a Project not receiving City domestic water is in the best interests of the public
health. safety and welfare: In making its determination,the City Council may consider,among other
factors:
I The relationship of the property and its proposed use to the City's General
Plan and zoning ordinances;
2. The relationship of the property and its proposed use to the City's Water and
Sewer Master Plans, and the City's Water and Sewer Capital Improvement
Programs;
The proximity of the property to the City's boundaries and existing utility
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infrastructure,
4. The proposed potential for new revenue sources for the City to pay for City
services provided to the Project as a result of annexation and development of
the property; and
5. The proposed standards for development of the property.
If the determination is made that the Project is consistent with the City's General Plan, the
Municipal Utilities Director shall continue processing the application for a water and/or sewer
Connection. If the Project is determined to be inconsistent with the City's General Plan, the
Municipal Utilities Director shall deny the application for a water and/or sewer Connection:
I Unless exempt, pursuant to Government Code Section 56133 all Projects making
application for availability for a water and/or sewer Connection shall also;snake application to the
City for approval of the extension of City utility services outside City boundaries from LAFCO.
J All projects shall have received final approval from the public agency having
planning approval authority for the project prior to the approval of a water and/or sever Connection
by the City. For purposes of this subsection, "final approval" shad mean the last discretionary
approval required by the applicant from such public agency to proceed with construction of the
Applicant's Project.
K. In the event a Connection to the City's water and/or sewerage system is not made in
the calendar year for which the Availability application was-approved, the Project shall lose its
Availability and the Applicant shall resubmit an application for Availability in compliance with this
Chapter, including making payment of any applicable resubmittal fees, before any water or serer
Connection may be trade..
13.60.060 Availability of Nater and/or Sewer Connections.
A. All Projects applying for Availability of water and/or sewer service Connections shall
be subject to the following conditions:
1: The Municipal Utilities Director shall determine the development
requirements., including the infrastructure improvements which must be constructed and the fees
which must be paid for the Project, to provide water service andlor sewer service to the Project.
2. To ensure that operation of the City's water and/or sewerage system conforms
with all requirements of the State Department of Health Services, the local Regional 'mater Quality'
Control Board and the sound operational policies of the City, the Municipal Utilities Director may,,
at his or her discretion, condition or reject any application that is determined to be contrary to
applicable regulatory requirements and detrimental to the City's waterand/or sewer system., Any
decision by the Municipal Utilities Director to condition or reject an application pursuant to this
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subsection shall be made in writing to the Applicant. In the event an Applicant disagrees with the
Municipal Utilities Director's decision,, the Applicant may appeal the decision to the City Council
by filing a written request therefor with the City Clerk of the City within fourteen (14j days of the
date of the written decision of the Municipal Utilities Director. Upon receipt of the appeal, the City
Council shall consider the appeal and either approve, modify or disapprove the decision of the
Municipal Utilities Director.
& The Applicant for a water and/or sewer connection shall comply with the following
conditions before a physical Connection to the City's water and/or sewerage system will be
permitted-, and meters set:
I. The Applicant shall submit for review and approval plans which comply with
the infrastructure improvement requirements of the Municipal Utilities Director, make application
for and comply with the required conditions of a construction permit, install the required
infrastructure improvements in accordance with City requirements and specifications, receive
approval of a water and/or sewer service Connection and pay all applicable City fees established by
the City Council. Such fees shall be those in effect when the City determines that the Applicant
is physically ready to connect and the City has received a written request from the Applicant to
physically connect to a City water and/or sewer main. Prepayment of fees is prohibited.
2. The owner of the property to be served shall enter into a prearmexation
agreement with the City,which shall be subject to recordation in the official records of the County
of San Bernardino and shall constitute a covenant running with the land, which requires the owner
to irrevocably consent to annexation proceedings and/or commence proceedings to annex the
property to the City at the request of the City. The preannexation agreement shall provide, among
other things, that in the event the property is not annexed to the City in accordance with the terms
of the agreement,the owner of the property shall pay each year to the City, as liquidated damages,
a sum equal to the property taxes and any sales taxes the City would have received had the property
been annexed. The preannexation agreement shall her provide that the failure to make such
liquidated damages payments shall be cause for the City to cease water and/or sewer service to the
Project.
Applicants for water and/or sewer Connections made under the provisions of
this Chapter shall comply with all rules and regulations established by the City.
13)WO70 Priority.
A. The priority of an application for Availability for water and"or sewer Connections
shall be based upon the date of receipt by the City of a completed application that satisfies the
requirements of this Chapter.
K Applications for Availability of water and/or sewer Connections which are subject
to the January 4th deadline shall be approved on a priority basis subject to the following criteria:
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I. If only one application has been made for Availability,that Applicant shall
be entitled, subject to compliance with the requirements of this Chapter, to receive all Availability
applied for up to and including the annual amount of Availability set by resolution of the Citi=
Council
.. . ...... .....
. In the event more than one application for Availability is received for the
Janu ry 4th deadline, the application having the highest priority shall be entitled, subject to
compliance with requirements of this Chapter, to receive all Availability applied for up to and
including fifty percent of the annual amount of Availability set by resolution of the City Council,
All other applications shall be entitled, in order of their priority and subject to compliance with the
requirements of this Chapter,to receive all Availability applied for up to and including the amount
of annual Availability remaining as set by resolution of the City Council.
In the event there retrains unallocated Availability after compliance with
subsections "A"' and "B" above, any remaining .Availability shall be distributed to the applicants in
accordance with their respective priority" basis until all the amount of annual Availability* set b
resolution of the City Council has been allocated.
C. Any application for Availability which was subject to the January 4th deadline shall
lose its priority in the event the following has not occurred by,lune Ist of the calendar year during
which such applications were approved;
I• The project for which the application was approved is a subdivision, and a
final map has not been approved and recorded for such Project,
The project for which the application was approved is not a subdivision and
construction has not commenced on the Project pursuant to the issuance of a building permit:
D. Applications for Availability of water and/or sewer Connections which are subject
to the June I st deadline shall be approved on a priority basis subject to the following;criteria:
I, Applications for Availability shall be approved only to the extent that
unallocated Availability is extant from the amount of Availability- set by resolution of the City
Council.
,Applications shall be approved in accordance with the procedures established
by subsection B of this section:
3. In the event no applications for Availability are trade, any applications for
Availability which were subject to the January 4th deadline and which lost priority subject to
subsection C of this section, shall have their previous priorities restored for the remainder of the
calendar year."
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Sgetigun 2. The Mayor shall sign this ordinance and the City Clerk, shall certify
to the adoption of this ordinance and shall cause it, or a summary of it, to be published once in the
San Bernardino Sun, a newspaper of general, circulation within the City, and the City's sphere of
influence and planning area, and thereafter, this ordinance shall take effect as provided by law.
Mayor of the City' of Redlands
Attest:
Cit lerk
1, Lorrie Poyzer,City Clerk of the City of Redlands, hereby certify that the foregoing ordinance was
duly adopted by the City, Council at a regular meeting thereof held on the 1st day of October
1996, by the following vote:
AYES.- Councilmembers Cunningham, Gil, Banda; Mayor Larson
NOES: Councilmember Gilbreath
ABSTAD,T: None
ABSENT: None
City Cl k of the CiVcaedlands
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