FROM:
Planning Department
SUBJECT:
Title
Out-Of-Area Sewer Service Agreement (ANX No. 23-0002) between the City of Fontana and Milagros Perez for sewer service to be provided by the City of Fontana to 9629 Alder Avenue (APN: 0249-091-08), pursuant to a Statutory Exemption in accordance with CEQA Guidelines Section No 15268(b)(4).
End
RECOMMENDATION:
Recommendation
1. Find that the project is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section No. 15268(b)(4) (Ministerial Project, Utility Connection) 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. 23-0002) with Milagros Perez for the provision of sewer service to an existing single-family residence located at 9629 Alder Avenue.
End
COUNCIL GOALS:
• Promote economic development by aggressively pursuing annexations.
BACKGROUND:
The City’s adopted policy pertaining to annexation states that for certain new development outside of the City requiring City sewer services, a landowner may enter into a Pre-annexation Agreement (Out-Of-Area Sewer Service Agreement) for the provision of sewer service. This agreement defers annexation to a time in the future while allowing the provision of sewer services by the City.
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:
This project involves a 0.4-acre parcel located at 9629 Alder Avenue. The parcel is outside of and adjacent to Fontana’s City limits. The proposed Out-Of-Area Sewer Service Agreement would provide connection to the City’s sewer system to an existing single-family residence in the City’s unincorporated East Side Annexation Area and Sphere of Influence of the City of Fontana.
The City has available wastewater (sewer) treatment capacity along Alder Avenue. With an Out-Of-Area Sewer Service Agreement, the city agrees to provide sewer services to and authorizes a sewer connection by a landowner requesting such connection and services within the City’s 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 impact fees.
After approval by the City Council, the application would be forwarded to the Local Agency Formation Commission (LAFCO). The City Council Policy Pertaining to Annexation is included as an attachment 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 C of the Out-Of-Area Sewer Service Agreement. These fees are provided as estimates and will be collected at the actual rate when construction permits are issued.
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 environmental 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 with Exhibits
3. Notice of Exemption