RESOLUTION NO. 2023-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHINO, CALIFORNIA, CONDITIONALLY APPROVING A COVENANT AGREEMENT TO ANNEX AND FOR SANITARY SEWER SERVICE AND REQUEST APPROVAL FROM LAFCO (ASSESSOR PARCEL NUMBERS 1013-271-01 AND 1013-261-17) WHEREAS, Chino East End Industrial, LLC (“Developer”) has filed an application with the County of San Bernardino (“County”) for the future construction of a CarMax Vehicle Wholesale Auction Facility (“Project”); and WHEREAS, City of Chino (“City”) received a request to provide sanitary sewer services to said Project, which is located outside the City’s jurisdictional boundaries but within the City’s sphere of influence, located at 11708 East End Avenue, Chino, CA 91710 (APNs 1013-271-01 and 1013-261-17) (“Property”); and WHEREAS, Property is currently part of the City’s planned East End Annexation site generally located south of Francis Avenue, west of East End Avenue, north of Philadelphia Street, and a small portion south of Philadelphia Street (“Annexation Area”); and WHEREAS, due to the timing of the Annexation Area, the Developer desires to move forward with its request for sanitary sewer service to facilitate the Project’s entitlements with the County; 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, pursuant to Government Code Section 56133, the City may only provide new or extended services by agreement outside of its jurisdictional boundary if it first requests and receives written approval from LAFCO.
NOW, THEREFORE, BE IT RESOLVED, that the City of Chino does hereby determine, find, resolve, and order as follows:
SECTION 1. 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 2. The Covenant Agreement to Annex and For Sanitary Sewer Connection (“Agreement”) (attached to this Resolution as Exhibit B) 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 serves 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 5TH DAY OF DECEMEBER 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 5th day of December 2023, by the following votes:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
NATALIE GONZAGA, CITY CLERK
Attachments: Exhibit A – LAFCO Application
Exhibit B – Covenant Agreement to Annex
01225.0005/701923.2 BWB
RESOLUTION NO. 2023-074