FROM:
Planning Department
SUBJECT:
Title
Out-Of-Area Sewer Service Agreement (ANX No. 24-0001), between the City of Fontana and Jose Felix Garcia, for the sewer service provided by the City of Fontana to 9266 Poplar Avenue (APN: 0233-271-08), pursuant to a Statutory Exemption in accordance with CEQA Guidelines Section No 15268(b)(4).
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RECOMMENDATION:
Recommendation
1. Find that the project is Exempt pursuant to Section No. 15268(b)(4) (Ministerial Project, Utility Connection) of the California Environmental Quality Act (CEQA) and, direct staff to file a Notice of Exemption; and,
2. Approve and authorize the City Manager to execute an Out-Of- Area Sewer Service Agreement (ANX No. 24-0001) with Jose Felix Garcia, for the provision of sewer service to an existing single-family residence located at 9266 Poplar Avenue, within the Western Sphere of influence of the City of Fontana.
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COUNCIL GOALS:
• To promote economic development by aggressively pursuing annexations.
BACKGROUND:
The City’s First Amended and Restated Memorandum of Understanding with the County of San Bernardino for the Western Sphere of Influence states that to the extent the city has available wastewater (sewer) treatment capacity, the city agrees to provide sewer services to and authorize a sewer connection by any landowner requesting such connection and services within the City’s Western Sphere of influence area subject to landowner’s compliance with the City’s annexation policy, meeting of all City requirements and paying applicable sewer fees, and payment of the applicable Western Sphere development impact fees. An Out-Of-Area Sewer Service Agreement incorporating the aforementioned components will allow for the provision of sewer service for an existing single-family residence within the Western Sphere area, consistent with the City Council’s annexation policy. After approval by the City Council, the application would be forwarded to the Local Agency Formation Commission (LAFCO).
As outlined in Government Code Section 56133, state law requires cities to obtain approval from the Local Agency Formation Commission (LAFCO) prior to extending a municipal service outside their corporate limits. The City of Fontana (City) is agreeing to provide a sewer connection prior to annexation of the project site and LAFCO approval is therefore necessary. Upon City Council approval of this Out-Of-Area Sewer Service Agreement, a service boundary modification request will be submitted to San Bernardino LAFCO.
DISCUSSION:
The project involves a .16-acre parcel located at 9266 Poplar Avenue. The parcel is outside of and adjacent to Fontana’s City limits and is within the City’s Western Sphere of Influence area. The proposed Out-Of-Area Sewer Service Agreement would provide connection to the City’s sewer system to an existing single-family residence and proposed accessory dwelling units within the Western Sphere of influence of the City of Fontana.
The parcel is located in the City’s unincorporated Western Sphere of Influence area and, in keeping with the City’s Annexation Policy, an Out-Of-Area Sewer Service Agreement is necessary to establish the agreed upon terms between the City and the landowner in order to provide sewer service. The Memorandum of Understanding and the City Council Policy Pertaining to Annexation are included as attachments to the Agreement. Presented below is an outline of the major terms of the agreement; a copy of the Out-Of-Area Sewer Service Agreement is attached to this report.
1. The City’s Development Impact Fees, as required by the City, are outlined in Exhibit D of the Out-Of-Area Sewer Service Agree-ment.
2. The City hereby agrees to furnish, and Owner hereby agrees to accept, Service to the Property in accordance with the terms and conditions in the Agreement, subject to the Owner completing the Improvements in accordance with the City’s municipal code, ordinances, rules, regulations, policies, procedures and orders (“Rules and Regulations”).
3. The landowner agrees not to oppose any future annexation into the City.
ENVIRONMENTAL IMPACT:
Staff has reviewed the proposed project and prepared the following environmental recommendation for the City Council’s consideration: There will be no significant environ-mental impacts caused by this project, therefore, a Notice of Exemption has been prepared pursuant to Section No. 15268 (b) (4) (Ministerial Project, Utility Connection) of CEQA.
FISCAL IMPACT:
This project will not have any direct negative fiscal impact.
MOTION:
Approve staff’s recommendation.
ATTACHMENTS:
1. Vicinity Map
2. Out-Of-Area Sewer Service Agreement
3. Notice of Exemption