RESOLUTION NO. 25260
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA GRANTING UTILITY
CERTIFICATES FOR WATER SERVICE TO NINE UNINCORPORATED PROPERTIES WITH CONTAMINATED WELLS ALONG TODD ROAD - FILE NUMBER UCO2 - 004 WHEREAS, on April 5, 2002, an application was filed with the Department of Community Development requesting Utility Certificates for water serviceto nine unincorporated properties with contaminated wells; and
WHEREAS, the properties are described as follows:
Address Assessor' s
Parcel No.
Property
Owner( s)
Size Existing Use per
CountyAssessor's
records
Urban
Boundary
General Plan Land Use
Designation
300 Todd Rd 134 - 171 - 049 W F & H M
Hendrickson
0. 90 acre One Single Family
Residence ( SFR);
1,746 square feet ( sf); 3
bedrooms ( br)
Inside City General Plan: General
Industry
306 Todd Rd 134- 171 - 051 Ann R. Stella Tr 19. 02 acres One SFR; 1,025 sf; 2 br Outside County Gen. Plan: Rural Residential 5 acre
minimum lot size
311Todd Rd 134- 102 -070 Richard A.
Zappa, Tr Et Al
4. 67 acres One SFR; 1X173 sf; 2 br Inside City GeneralPlan: General Industry
330 Todd Rd 134 - 171 - 006 James & Maritza
Wilson
1. 00 acre Two SFR' s: ( 1) 840 sf; 3
br. ( 2) 720 sf; 1 br.
Outside CountyGen. Plan: Rural
Residential 5 acre
minimum lot size
348 Todd Rd 134- 171 - 005 R H Richter
Construction,
Inc.
5. 25 acres One SFR; 924 sf; 2 br Outside County Gen. Plan: Rural Residential 5 acre
minimum lot size
365 Todd Rd 134- 102 - 024 J.E. McCaffrey
Co.
2. 50 acres Bulk fuel facility; 6, 800
sf
Inside City General Plan: General
Industry
369 Todd Rd 134 - 101 - 023 Robert S.
Kolodge/ Myma
Trust
2. 50 acres Auto body shop; 5,964
sf
Inside City General Plan: General
Industry
376 Todd Rd 134- 171 - 004 Independent
Construction Co.
Inc.
40. 25 acres Two SFR' s; ( 1) 1, 286 sf;
3 br, ( 2) 804 sf; 2 br.
Outside County Gen. Plan: Rural
Residential 5 acre
minimum lot size
423 Todd Rd
aka 423 Bane
423 Juniper
Ave)
134- 102 - 006 Zelrose Inc. 5. 75 acres Undeveloped; part- time caretaker in mobile
home.
Inside City GeneralPlan: General
Industry
Attachment 8
WHEREAS, a letter from the County of SonomaDepartment of Health ServicesdatedJanuary 17, 2002, confirms a health risk at the nine subject properties; and WHEREAS, a letter from the County of SonomaDepartment of Health ServicesdatedMay 22, 2000, concurs with the conclusion of the feasibility study for supplying alternatewater to impacted propertiesthatthebestalternativeis to connecttheaffectedpropertiesto SantaRosacity water; and WHEREAS, a letter from the County of SonomaDepartment of Health ServicesdatedMarch 8, 2000, andaletterfrom Countyof SonomaDepartmentof HealthServicesdatedMarch 10, 2000, require the responsibleparty to supply the domestic well userswho have been impacted by a releaseof petroleum hydrocarbons and methyl tertiary- butyl ether ( MTBE) an alternative potable water source; and
WHEREAS, a letter from the County of SonomaPermit and ResourceManagement Department datedJanuary 15, 2002, indicates that the proposal to connect properties within and outside the urban boundary to City water appears consistent with the General Plan, subject to certain conditions; and
WHEREAS, the extension of water mains to serveexisting usesis exempt from the California Environmental Quality Act ( CEQA) under CEQA Guidelines Section 15303(d); and WHEREAS, City Council Policy 300 -02, Utility Certificatesfor the Extension of Wateror SewerService to Unincorporated Areas, setsforth the circumstancesunder which the City will consider approving the extension of water or sewer servicesto property situated outside the City limits and the conditions that will be attachedto any approval which is granted; and WHEREAS, the Council of the City of Santa Rosa finds and determines that:
1) A public health hazard exists on all nine properties identified herein due to domestic well contamination by petroleum hydrocarbonsand methyl tertiary-butyl ether (MTBE). 2) The contaminated domestic wells and lack of suitable and feasible alternatives to city water comprise extraordinary circumstances.
3) The best alternative for providing a safe, long term sourceof domestic water is City water service.
4) The provision of water serviceoutside the urban boundary is consistentwith General Plan Policy PSF -5e, which states, "Decline requests for extension of sewer and water servicesbeyondtheUrbanBoundary, exceptin casesof existingdocumentedhealth hazardsandin areaswheretheCity hasagreementsto provideservices" in thatthereis a documented health hazard, or potential health hazard, on these nine parcels.
Reso. No. 25260
5) The provision of water service to the properties inside and outside the urban boundary is consistentwith Council Policy 300 =02 in that:
a) Existing usesat properties located at 365, 369 and 423 Todd Road may be granted aUtility Certificate for theprovision of water in that they are consistent with the criteria set forth in Rule 1: GeneralRule;
b) Existing uses at properties located at 300 and 311 Todd Road may be granted a Utility Certificate for the provision of water under policy section C.9 by Council waiver of the requirement that these parcels be consistent with the General Plan; and
c) Existing usesat properties located at 306, 330, 348 and376 Todd Road, outside the urban boundary, may be granted a Utility Certificate for the provision of water under policy section C.8 in that extraordinary circumstancesare found to exist.
6) Extension of City water service to the subject properties would be beneficial to the publichealth, safetyandwelfarein thatthewaterconnectionwould alleviate documentedpublic health hazardsresulting from contaminated domestic wells. 7) The extension of services approvedby the Utility Certificate would be limited to the specific uses currently existing on the properties.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Santa Rosa grants Utility Certificates for water service to the properties identified herein and identifies asAssessor's Parcel Numbers 134- 171 -049, 134 - 171 -051, 134 - 102 -070, 134- 171 -006, 134 - 171 -005, 134- 102 -024, 134 - 101 -023, 134 - 171 -004, and 134 - 102 -006.
BE IT FURTHER RESOLVED that this approval is valid only for the existing usesas of the date of this resolution; this approval is not valid for any expansions or alterations of existing uses.
BE IT FURTHER RESOLVED that all water connections shall be made within one year of the date of this approval. For any water service connection made within one year, the service shall remain a legal connection as long asthe existing useasof the dateof this approval remains. For anywater connection that is not made within one year, the Director of Community Development or his designee may approve or conditionally approve a time extensionof up to one yearprovided that a requestfor such time extension is made prior to the expiration of this approval.
BE IT FURTHER RESOLVED that this approval would not be granted but for the applicability and validity of eachand every one of the below conditions and that if any one or more of the below conditionsis invalid, this entitlementwouldnothavebeengrantedwithout requiringothervalid conditions Reso. No. 25260
for achieving the purposes and intents of such approval. The approval of this project is contingent upon compliance with all the conditions listed below:
FIRE DEPARTMENT
For properties inside the urban boundary:
1. Provide the Fire Department assurance sufficient fire flow is available for the area buildings and operations ( SRCC 18- 44. 903. 3).
2. Providefire hydrants300feetoncenterandwithin 150feetof anybuilding, in accordancewith city ordinance ( SRCC 18- 44.903. 3. 1).
3. Providefire accessroadsto within 150feetof all first floor walls of anybuilding (CFC902).
DEPARTMENT OF COMMUNITY DEVELOPMENT - ENGINEERING DIVISION
4. Improvement Plans are required for the City Engineer's signature for the water main construction in the public right -of -way.
UTILITIES DEPARTMENT
5. The engineermust provide a detailed utility plan showing onsite andoffsite water and fire protection systems (if required by the City), andtheir connections to existing water facilities.
The plan must also show any wells existing or to be abandoned. An irrigation plan showing maximum GPM flow required at each control valve, maximum GPM flow at meter, peak month usage, andconnectionsto existingfacilitiesmustbeprovidedfor thecommercialusesthat requestan irrigation meter. Submit improvement plans for the City Engineer's signature.
6. Demand fees, meter installation fees, andprocessing feesrequired by the City must be paid by the applicant prior to granting of utility connections. Commercial uses must submit the maximum GPM flow atthemeterandthepeakmonthlyusagefor thedomestic -useto determinethe demand fee.
7. Wells exist on the properties and one of the following conditions apply:
a. Retentionof wells mustcomplywith City and'Countycodes. Retentionof wellsmustbe approvedby the SonomaCounty Permit and ResourceManagementDepartment. An approvedbackflowpreventiondevicemustbeinstalledon anyconnectionto theCity water system.
b. Abandonment of wells requires a permit from the SonomaCounty Permit and Resource Management Department.
Reso. No. 25260
8. Water mains must be installed per current City Standards. All water mains must be a minimum of 12" diameter. All public mains must be a minimum of 5 feet from all structures, curbs, property lines or edge of easement. The current City of Santa Rosa Southwest Area Plan calls for the installation of a 12" water main along this section of Todd Road in the future.
9. Separate water services must be provided for each lot. Water services must be installed per current City Standards. Separate1" water servicesare required per City Standard #863 for the residential parcels and a minimum 2" water service for the commercial parcels. If 2" meters are not needed for the commercial uses the meter may be smaller than 2" but the service must be a 2 ". If public and/ or private fire hydrants are allowed for the commercial parcels, combination services will be required for the public fire hydrant, domestic, irrigation and fire services. All meter boxes must have touch read lids. Backflow devices may be required on commercial lots dependingon the type of us on the property.
10. Connection to the existing water main will require a shutdown for a tie in inspection. There is a 12" stub from the main in Todd Road at StandishAvenue. Call Utilities Engineering for feesand scheduling. Advancenoticeis required.
Note: There is a private 4" high pressure natural gas main in Todd Road. Contact Sonoma CountyTransitat 585 -7516aswell asUSA.
11. If public water is requested for irrigation purposes, the applicant must install separate irrigation service(s) with a reduced pressureprinciple backflow device(s) per current City Standard #876.
Meter size is dependent on peak demand and will be determined upon review of irrigation plans.
Irrigation demand, processing and meter fees must be paid prior to issuance of permits.
12. Utilities Engineering provides the mapping of private onsite water mains and fire hydrants for the Fire Department and processes the fee collection and meter installation for the firelines. If public and/or private fire hydrants areallowed, provide two copies of the approved onsite plans showing private firelines and private fire hydrant locations to the Utilities Engineering Division prior to requesting meter sets and commencing service.
13. An Annexation Covenant preparedby the City must be executedby the property owners of all properties within the Urban Boundary prior to the water connection. The property owners must submit to Utilities Engineering a copy of the applicable grant deed and any additional information requestedto showproof of title. An AnnexationCovenantwill notberequiredby the City for properties outside the Urban Boundary.
14. City and County EncroachmentPermits arerequired for all work within the right -of -way.
Reso. No. 25960_
THE COUNTY OF SONOMA
PERMIT & RESOURCE MANAGEMENT DEPARTMENT
For properties outside of the County' sUrban Service Boundary:
15. The applicable responsible agenciesmust verify in writing that a public health threat exists which canonly be resolved by extensionof City water service to the impactedproperties.
16. All propertiesservedmustadjointheUrbanServiceBoundary (USB) alongToddRoad.
17. Any water service extensionsmay serveexisting development only. This could best be addressedby appropriateconditionsin theOut -of- ServiceAreaAgreement.
18. All applicable applications, demandandprocessing feesmust be paid to the City.
19. The on -site water lines extended from the water mains to buildings are subject to any applicable County Plumbing Permits.
20. The City must verify that servicecapacity is available.
21. Any contaminatedwells replacedby waterservicemustbebroughtinto conformancewith the County well ordinance.
22. The water service extensions must be approved through an Out -of- Service -Area Agreement between the applicant and LAFCO.
IN COUNCIL DULY PASSED this 28th day of May , 2002.
AYES: 7) Mayor Martini; Councilmember Wright, Bender, Condron, Vas Dupre, Evans, Rabinowitsh
NOES: ( 0)
ABSENT: ( 0)
APPROVED:
Assistant City Clerk Mayor
APPROVED S TO FORM:
ity Attorney
Todd Road UC. 41. wpd
Reso. No. 25260