RESOLUTION NO. 2023-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, ALLOWING SANITARY SEWER SERVICE, CONDITIONALLY APPROVING A COVENANT AGREEMENT TO ANNEX AND FOR SANITARY SEWER SERVICE, AND REQUEST APPROVAL FROM LAFCO FOR THE SRI SAIRAM MANDIR TEMPLE PROJECT LOCATED IN THE CITY’S SPHERE OF INFLUENCE AT 12594 ROSWELL AVENUE (ASSESSOR PARCEL NUMBER 1016-331-05 & 06) WHEREAS, the City of Chino received a request to provide sanitary sewer services to a property outside of its jurisdictional boundaries but within its sphere of influence, located at 12594 Roswell Avenue, Chino, CA 91710 (APN 1016-331-05 & 06) (“Property”); and WHEREAS, pursuant to Resolution No. 2022-041, the City’s policy is to only allow new or existing developments located outside of the City’s jurisdictional boundaries but within its sphere of influence to connect to the City’s sanitary sewer system in accordance with the following requirements:
(1) If the parcel is not adjacent to the City boundary, the owner of the parcel must execute and file an irrevocable agreement to annex to the City at such time as sufficient parcels can be assembled and qualify for annexation in accordance with Local Agency Formation Commission (“LAFCO”) policy pertaining to such annexations. (2) If the parcel is contiguous to a City boundary, the owner will be required to annex the parcel to the City, or, if this is determined to be infeasible, to execute an irrevocable agreement to annex. (3) Finally, all parcels requesting sewer service must be developed in accordance with the City’s General Plan and in conformance with all City codes and standards; and WHEREAS, the proposed Sri Sairam Mandir Temple Project is not in conformance with the City’s General Plan and current development standards as applicable to the property at 12594 Roswell Avenue; and WHEREAS, the proposed Sri Sairam Mandir Temple Project was approved by the Planning Commission of the County of San Bernardino, and conditioned by the County to provide an on-site sanitary sewer system; and WHEREAS, the use of on-site septic tanks has been shown to impair the water quality of the Chino Groundwater Basin, and is not a desirable long-term solution; and WHEREAS, the City of Chino has been allowing individual properties within the Sphere of Influence (SOI) to connect to the City’s sewer system to reduce the number of septic systems in the area; and WHEREAS, the City Council will allow sewer service for the proposed Sri Sairam Mandir Temple Project located at 12594 Roswell Avenue, and authorize deviation from current policy requiring conformance with the City’s General Plan and current development standards in exchange for providing additional sewer infrastructure beyond the normal development requirements, along Placentia Road.
NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:
SECTION 1. The City allows the proposed Sri Sairam Mandir Temple Project to connect to the City’s sanitary sewer system, subject to the applicant entering into the Covenant Agreement to Annex for Sanitary Sewer Connection provided with this Resolution, authorizes deviation from current policy requiring conformance with the City’s General Plan and current development standards in exchange for constructing the additional sewer infrastructure beyond the normal development requirements, along Placentia Road in accordance with the following criteria and as outlined in the attached Covenant Agreement to Annex for Sanitary Sewer Connection, which infrastructure improvements shall be further described in a public improvement agreement to be entered into between City and applicant as a condition to plan check approval by the City of the connection to the sanitary sewer system:
Provide 750 linear feet of additional 8-inch sanitary sewer line infrastructure within Placentia Road.
SECTION 2. This resolution shall not suspend or supersede Resolution No. 2022-041 for any other project.
SECTION 3. The City Manager or designee is authorized to execute the San Bernardino LAFCO Application for Extension of Service by Contract (attached to this Resolution as Exhibit A) and to submit the Application to the San Bernardino County LAFCO.
SECTION 4. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to Exhibit A as attachment 2) is approved, conditioned on (i) approval by LAFCO, and (ii) reimbursement by the applicant of all application fees and other costs incurred by the City in preparing, submitting, and processing a request to LAFCO to extend sewer services to the Property pursuant to Government Code Section 56133 (“Reimbursement”). 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 and following Reimbursement by the applicant. If the City’s request to extend services to the Property is not approved by LAFCO or if applicant does not submit a full Reimbursement to the City, the Agreement shall not be executed by the City.
APPROVED AND ADOPTED THIS 19TH DAY OF SEPTEMBER 2023.
EUNICE M. ULLOA, MAYOR
ATTEST:
NATALIE GONZAGA, CITY CLERK
State of California )
County of San Bernardino ) ss.
City of Chino )
I, NATALIE GONZAGA, City Clerk of the City of Chino, do hereby certify that the forgoing Resolution was duly adopted by the City Council at a regular meeting held on the 19th day of September 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachment: Exhibit A – LAFCO Application
01225.0005/701923.2 BWB
RESOLUTION NO. 2023-055