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HomeMy WebLinkAboutOrdinances_1946_CCv0001.pdf ORDINANCE NO. 1946 AN ORDINANCE OF THE CITY OF REDLANDS ADDING ARTICLES 941 AND 942 TO CHAPTER 94 OF THE REDLANDS ORDINANCE CODE ESTABLISHING PROCEDURES FOR ALLOCATION OF WATER AND SEWER CONNECTIONS IN THE UNINCORPORATED AREA WITHIN THE CITY OF REDLANDS SPHERE OF INFLUENCE AND PROHIBITING ISSUANCE OF PERMITS FOR WAFER AND SEWER CONNECTIONS UPON NINETY" PERCENT USE OF SYSTEM CAPACITY' THE I COUNCIL OF THE CITY OF REDLANDS dues hereby ordain- a follow - SECTION M.- Articles NE:Artiola 941 and 942 are hereby added to the Redlands Ordinance Code, as follows ARTICLE 941- rLLOCATION OF WATER AND SEWER CONNECTIONS OUTSIDE OF THE CITY LIMITS ' r Secy 94100 . IMPLEMENTATION OF PROPOSITION R. . SECTION fi The City Council shall implement Section 6 of Proposition R by allotting up to a total of 150 water and 150 sewer allocations per year to projects within the unincorporated area in the City ' s sphere of 'influence, subject to the provisions of this Article. Sec. 94101 . ,. DEFINITIONS 1 . " atr Allocation" means the allocation of residential units `"to be served by water connection to the Redlands omest'i�, Water System. 2 "Sewer Allocation" means the allocation of residential units to ci, served by sewer connection to the Redlands Domestic Sewerage system. . "Major Project7 menas a development with five ( or more residential =nunits,, existing or proposed. 4 . "Minor Project." mans a development with four ( 4) or leas residential units, existing or proposed. 5 . "Water Board" consists",""",of the City Manager, Director of Public mors, and Utilities Engineer. Sec;. 94102 . GENERAL REQUIREMENTS Allocations shall be made in accordance`-with the following provisions 1-. Application for water and/or "sewer allocations shall be filed° with the Public Works Department. In order to apply for water or sewer allocations, the applicant must be the owner of the property for which the service is requested, or be a designated representative of the owner. Applications shall expire at the end of the `calen<dar year ; new applications must be filed for the new calendar year. 2 . Projects shall be consistent with the Redlands General Plan as interpreted by the City Council. . Allocations shall be distributed to minor pr6 ects approved by the County on a first come" first serve basis: up to 25 water and 25 sewer allocations per year . Unused allocations shall be transferred to the major project pool in December of each year... Ordinance No.. 19461 Page 2 A maximum of 35 water and 35 sewer allocations per major project, per allocation period shall be awarded by the City Council in accordance with the following schedules Aprer l 65 water and 65 sewer current year allocations., Augifst 60 water and 60 sewer current year allocations. Bece r Any unused current year allocations and all expired or other allocations which may be available. 5. All County-approved major projects requesting surer or water service shall.;, be allocated by the City Council-. The order of priority o"f, the project shall be established by the time at which final ..grading and improvement plans are submitted to the County for: approval. 6- Major projects mus ..,receive final approval and building permits within two years from date of award or lose the allocation. 7 Minor projects must recefye a building permit within one year from date of award or`- lose the allocation- 8. A processing fee shall be ch&rged for processing all applications for sewerand/or water allocations. The w processing fee per single family�hdw+elling or per multiple dwelling unit, the processing fee Jor all other application that are not for residential development, and the maximum charge shall be established by City Council resolution or Article 144 of the Municipal Code. The processing fee shall not be refundable. However, a new prodessing fee shall not be required for reapplication for the same units in the same project. Sec. 94103. WATER ALLOCATIONS l > Upon receipt of an application for water allocations, the Water Board of the City of Redlands shall approve all water allocations to the Redlands Domestic dater System for service to property within the unincorporated area in the City's sphere of influence, subject to the following conditions: a Only applications for domestic single family dwelling units located in single family residential or agricultural zones will be accepted. Ordinance No. 1946 Page b, The maximum connection size that can be approved by the Mater Board is one inch.< The Water Board shall determine whether existing facilities are adequate to provide the additional service. If the facilities are deemed to be inadequate, service will be approved only after the applicant installs facilities in accordance with City` requirements and specifications.. d To assure that expansion of the City Domestic Water Byst � will conform to sound operational procedures, within the capacity of its facilities, the "Fater Board may, at` its discretion, reject any application that is determined to be detrimental to the City System. 2 . In addition to complying with the requirements of Section 94113 .1 . , all applications for waterallocations for other than a domestic dwA`ling or for a size larger than one inch shall be subject to twee following conditions, a. The application sell be submitted to the Public Works Department for revi w by the Water Board. The Water Board shall refer t 'e, application to the Planning Department for verifition that the existing or proposed development ii compatible with the Redlands- General Paan and that the area has been comprehensively zoned in a manner not incOtnsistent- with zoning of the City of Redlands . b. Spon .receipt of land use information from the Planning Department and confirmation from the Public Works Department that the ex-isting or `required facilities are adequate to provide the additional service, the Water Board shall recommend, approval or ,denal of the application to the City Council. 3 Following approval of water allocations the applicant shall be subject to the following conditions: a. Applicant shall pay all applicable charges '.,Qr furnish: water stag as required by the Municipal Code before service will be approved. b Before service will be approved, the owner of the property to be served shall enter into an agreement and record sane as a covenant running with the land requiring the owner to annex the property to the City Ordinance No. 1946 Page 4 of Redlands, subject to any outstanding bond obligations of the City of Redlands, within 12 days after the City requests annexation. The owner shall:- state in the agreement that in the event the property is not annexed to the City of Redlands within the 120 '..day period, the water rates and charges to that property shall be twice the normal outside rates until such time as the property is annexed to the City of Redlands. C. Service connections made under the provisions of this; this Article shall comply with, all the rules and regular-pns established by the Cite. d. In the event a water meter is issued and subsequent- action by t-be owner or occupant results in a change f zone or prop` yr'ty use that is inconsistent with the zoning or general plan of the City of Redlands, or the owner refuses tp annex upon request of the City, the meter will be removed and water service discontinued. Sec 94104 SEATER ALLOCATIONS 1 . Upon receipt of an application for sewer allocations, the Public works Department of the City of Redlands will approve all sewer allocations to the Redlands Domestic Sewerage System for service to property within the unincorporated area in the City's sphere of i4fluence, subject to the following conditions:: a;. Only applications for domestic single family dwellings located in singleJamily residential or agricultural zones will be 4pcepted. b Sewer allocations shall be provided only to those establishments receiving domestic water from the City of Redlands domestic water 'system. C. The public works Department shall determine whether existing facilities are adequate to provide service. If the facilities ire deemed to be inadequate, service will be approved only after the applicant installs facilities in aceordance with requirements and specifications provided by Municipal Code;. d. To insure that the operation of the City sewer system conforms with, all requirements of the State Health Department and the water Quality Control Ordinance No. 1946 Page Board, and ether sound operational procedures, the Public Corks Department may at its discretion, reject :any application that is determined to be detrimental to the City system. . In ad ition to complying with the requirements of Section 94103 .1„, all applications for sewer allocations for other` than dosestic single family dwellings shall first be required.., a. T6, subm t an application to the Public Works Department for review by the :public Works and Planning Departments prior to consideration by the City Council. The Public Works Department shall refer the application to the Planning Department for verification that the existing or proposed development is compatible with the Redlands General Pl. p and the area has been comprehensively” zoned in a inner not inconsistent with zoning of the 'City of Redlands. b Upon receipt of land use information from the Planning Department and confirmation from the Public Works Department that the existing or required faclitiese«;are adequate to provide the additional service, the Public Works Department shall recommend approvalordenial of the application to the City t ounc il. 3>. Following approval of sewer alcations, the applicant shall be :subject to the following conditions. 4 . Applicant shall pay all applicable charges before service will be approved_. . Before service will be approved, 'the owner of the property to be served shall eter "'into an agreement and record the ;same as a c,,ovenant running with the land requiring the owner to annex the property to the City of Redlands , subject to any outstanding bond obligations of the'',.City o Ordinance No. 1946 Page Redlands, within 120 days after the City requests annexation. The owner shall state in the agferment that in the event the property is not anne ed to the City of Redlands within the 120 day perindt, the sewer rates and charges to the property .ryshall be twice the normal outside rates until such, time as the property is annexed to the City of Red",lan s . C, Service conneRtions made under the provisions of this Article shall comply with; all rules ars regulations establ.Yished by the; City. d: In the event a sewer` gonnection is approved and subsequent action by the owneror occupant results: in a change of zone or ,ropert use that i inconsistent with the zoning or general plan o the City of Redlands, or the owner refuses to annex upon request of the City, the connection; will be removed and sewer service discontinued. ARTICLE 942 PROHIBITION OF PERMIT ISSUANCE FOR SEWER AND WATER CONNECTIONS Sec.. 94200 PROHIBITION OF PERMIT ISSUANCE The Departments of Public Works, Building and Safety, and Planning of the City of Redlands are ordered not to issue any permits or approvals for connections to the water and sewer systems of the City of Redlands once such municipal systems have reached ninety (90) percent of their total capacity. Sec. 94201 NINETY PERCENT CAPACITY DETERMINATION The time at which the use of water and suer systems have reached ninety (90) percent of total capacity shall be determined by the City Council. Ordinance No. 1946' Page No. 7 aECTIQN T-W-0: SEVERABILITY If any portion of this Ordinance is found to be unconstitutional or invalid, the City Council hereby declares that it would have enacted the remainder of this Article regardless of the absence of any such invalid part. SECTION THREE., REPEALER All ordinances, Redlands Ordinance Code sections, all resolutions, all City Council motions, and all actions of City boards and commissions in conflict herewith are hereby repealed. Resolutions 2601 , 3373 , 3559 , and 4083 are specifically repealed. Ordinance 1677 is hereby repealed. EECTIQ FQD : EFFECTIVE DATE This Ordinance shall be in force and take effect as provided by law. BE TIO FIVE: CERTIFICATION The City Clerk shall certify to the adoption of this Ordinance and cause it to be published once in the Redlands Daily Facts, a newspaper of general circulation and published in this City. Mayor of the City of Redlands ATTEST: City) Clerk I, Lorrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance was duly adopted by the City Council at the regular meeting thereof held on the --6- day of May 1986 , by the following vote: Ayes: YES: Councilmembers Larsen, DeMirjyn, Wormser; Mayor Beswick NOES: None ABSENT: Council member Johnson Cid. Clerk Ordinance No. 1946 Page 8