Redlands Municipal Code Ch. 13.62 Utility Connections for Nonresidential Development Outside City Boundaries

The extension of utility services outside the city's boundaries is solely a discretionary decision of the city council taking into account the city's goals and policies relating to land planning, utility infrastructure, and the public health, safety and welfare of its citizens. The purpose of this chapter is to establish a procedure for the application and approval of connections to the city's water system and/or sewerage system for nonresidential development projects located within the city's sphere of influence and planning area. (Ord. 2301 § 1, 1996)

For the purposes of this chapter, the following words shall have the meanings ascribed to them in this section:

APPLICANT: The owner of the property for which a water and/or sewer connection is requested.

CEQA: The California environmental quality act (Public Resources Code sections 21000 et seq.) as amended.

CONNECTION: The approval of an application for a water and/or sewer connection and the physical setting of a water meter and/or the physical connection of a building to the city's sewerage system.

LAFCO: The local agency formation commission for the county of San Bernardino, California.

PROJECT: Any nonresidential development, existing or proposed. (Ord. 2301 § 1, 1996)

The procedure established by this chapter shall apply only to projects located on property which is not contiguous to the city's boundaries. Unless specific findings are made by the city council that the provision of water and/or sewer service without annexation is in the best interests of the public health, safety and welfare, all projects located on property contiguous to the city's boundaries shall annex to the city prior to, and as a condition of, receiving a water and/or sewer connection to the city's water and/or sewerage system. (Ord. 2301 § 1, 1996)

Water and/or sewer connections shall be made in accordance with the following provisions:

A. Applications for water and/or sewer connections shall be filed with the municipal utilities department. The applicant shall be the owner of the property for which the water and/or sewer connection is requested or the authorized agent of the owner who has the written consent of the owner to file an application. Submittal of an application shall be accompanied by the payment of the applicable processing fee in the amount established by the city council. The processing fee shall not be refundable.

B. An application for a water and/or sewer connection shall expire at the end of the calendar year during which it is filed. A new application shall be filed, and the applicable fees for reapplication shall be paid, for each subsequent calendar year during which a water and/or sewer connection that was the subject of an expired application is sought.

C. As a condition of receiving a water and/or sewer connection, the property upon which the project is located and the proposed use shall be consistent with the goals and implementing policies of the Redlands general plan.

D. Pursuant to the requirements of CEQA, application shall be made for environmental review by the city as part of the application process for a water and/or sewer connection and the preannexation agreement required by this chapter. Submittal of an application shall be accompanied by the payment of the applicable processing fee in the amount established by the city council. The processing fee shall not be refundable.

E. Concurrent with the filing of an application for a water and/or sewer connection, the applicant shall also make application to the city's community development department for a preannexation agreement. Submittal of an application shall be accompanied by payment of the applicable processing fee in the amount established by the city council. The processing fee shall not be refundable.

F. Upon the city's receipt of completed applications for a water and/or sewer connection, environmental review in accordance with CEQA, and the preannexation agreement, the municipal utilities director and community development director shall present the applications to the city council for its determination of whether the public health, safety and welfare, and the best interests of the citizens of Redlands, are served by the city's continued processing of the applications. Applications for a sewer connection shall be approved only for those projects receiving domestic water from the city's water system, unless specific findings are made by the city council that the provision of city sewerage service to a project not receiving city domestic water is in the best interests of the public health, safety and welfare. In making its determination of a project's consistency with the Redlands general plan, the city council may consider, among other factors:

1. The relationship of the property and its proposed use to the city's general plan and zoning ordinances;

2. The relationship of the property and its proposed use to the city's water and sewer master plans, and the city's water and sewer capital improvement programs;

3. The proximity of the property to the city's boundaries and existing utility infrastructure;

4. The proposed potential for new revenue sources for the city as a result of annexation and development of the property; and

5. The proposed standards for development of the property.

If the determination is made that the project is consistent with the city's general plan, the municipal utilities director shall continue processing the application for a water and/or sewer connection. If the project is determined to be inconsistent with the city's general plan, the municipal utilities director shall deny the application for a water and/or sewer connection.

G. Unless exempt, pursuant to Government Code section 56133 all projects making application for a water and/or sewer connection shall also make application to the city for approval of the extension of city utility services outside city boundaries from LAFCO.

H. All projects shall have received final approval from the public agency having planning approval authority for the project prior to the approval of a water and/or sewer connection by the city. For purposes of this subsection, "final approval" shall mean the last discretionary approval required by the applicant from such public agency to proceed with construction of the applicant's project. (Ord. 2301 § 1, 1996)

A. All projects applying for water and/or sewer connections shall be subject to the following conditions:

1. The municipal utilities director shall determine the development requirements, including the infrastructure improvements which must be constructed and the fees which must be paid for the project, to provide city potable and nonpotable water and/or sewer connections to the project.

2. To ensure that operation of the city's water and/or sewerage system conforms with all requirements of the state department of health services, the local regional water quality control board and the operational policies of the city, the municipal utilities director may, at his or her discretion, condition or reject any application for a water and/or sewer connection that is determined to be contrary to applicable regulatory requirements and detrimental to the city's water or sewerage system. Any decision by the municipal utilities director to condition or reject an application pursuant to this subsection shall be made in writing to the applicant. In the event an applicant disagrees with the municipal utilities director's decision, the applicant may appeal the decision to the city council by filing a written request therefor with the city clerk of the city within fourteen (14) days from the date of the written decision of the municipal utilities director. An appeal of the municipal utilities director's decision shall be made on the city's form for appeal and shall be accompanied by payment of the applicable appeal fee. Upon receipt of the appeal, the city council shall consider the appeal and either approve, modify or disapprove the decision of the municipal utilities director.

B. The applicant for a water and/or sewer connection shall comply with the following conditions before a physical connection to the city's water and/or sewerage system will be permitted, and meters set:

1. The applicant shall submit for review and approval improvement plans which comply with the infrastructure improvement requirements of the municipal utilities director, make application for and comply with the required conditions of a construction permit for such infrastructure improvements, install the required infrastructure improvements to provide potable and/or nonpotable water to the project in accordance with city requirements and specifications and receive approval for a water and/or sewer connection. The applicable fees shall be those in effect when the city determines that the applicant is physically ready to connect the project to the city's water and/or sewerage system and, the city has received a written request from the applicant to physically connect to a city water and/or sewer main. Prepayment of fees is prohibited.

2. Prior to, and as a condition of the approval of a physical connection to the city's water and/or sewerage system, the owner of the property for which a water and/or sewer connection is sought shall enter into a preannexation agreement with the city, which shall be subject to recordation, in the official records of the county of San Bernardino and shall constitute a covenant running with the land, requiring the owner and the owner's successors in interest to irrevocably consent to annexation proceedings and/or commence proceedings to annex the property to the city at the request of the city. The preannexation agreement shall provide, among other things, that in the event the property is not annexed to the city in accordance with its terms, the owner of the property shall pay each year to the city, as liquidated damages, a sum equal to the property taxes and any sales taxes the city would have received had the property been annexed. The preannexation agreement shall further provide that the failure to make such liquidated damages payments shall be cause for the city to cease water and/or sewer service to the project.

3. Applicants for water and/or sewer connections made under the provisions of this chapter shall comply with all rules and regulations established by the city. (Ord. 2301 § 1, 1996)