Redlands Municipal Code Ch. 13.60 Utility Connections for Residential 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 residential development projects within the city's sphere of influence and planning area. (Ord. 2302 § 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.

AVAILABILITY: The reservation of water and/or sewer connections for the calendar year for which an application is made for a water and/or sewer connection to Redlands' water and/or sewerage system for a residential dwelling unit.

CEQA: The California environmental quality act (Public Resources Code section 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 residential dwelling unit to the city's sewerage system.

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

MAJOR PROJECT: A project consisting of five (5) or more residential dwelling units.

MINOR PROJECT: A project consisting of four (4) or less residential dwelling units.

PROJECT: Any residential development project, existing or proposed.

RESIDENTIAL DWELLING UNIT: Any single-family residence, apartment, unit of a duplex, triplex, multi-family structure or mobilehome. (Ord. 2302 § 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 of Redlands as a condition of receiving water and/or sewer connections to the city's water and/or sewerage system. (Ord. 2302 § 1, 1996)

A. For each calendar year, the initial deadline for submitting applications to the city's municipal utilities department for availability of water and/or sewer connections shall be January 4 of such year. Applications may be submitted any time prior to January 4.

B. For each calendar year, the second deadline for submitting applications to the city's municipal utilities department for availability of water and/or sewer connections shall be June 1 of such year.

C. The express intent of the city council for establishing two (2) filing dates for applications for availability of water and/or sewer connections is:

1. To implement the provisions of the voter approved initiative zoning ordinance proposition "R", as amended by measure "N", and ensure that no more than one hundred fifty (150) water and/or sewer connections are made to residential dwelling units constructed outside the city's corporate boundaries;

2. To ensure that applications for water and/or sewer connections outside the city's boundaries are made in good faith and at the times when both the applicants for projects and the city reasonably believe that the proposed projects will effect connections to the city's water and/or sewerage system; and

3. To ensure that no project unreasonably impedes the efforts of another project which, in good faith, is attempting to obtain a water and/or sewer connection to the city's water and/or sewerage system. (Ord. 2302 § 1, 1996)

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

A. Applications for availability of 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 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 availability of a water and/or sewer connection shall expire at the end of the calendar year for 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 to the city for environmental review by the city as part of the application for a water and/or sewer connection and the preannexation agreement required by this chapter. Submittal of the application for environmental review 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 availability of a water and/or sewer connection, the applicant shall also make application to the city community development department for a preannexation agreement. Submittal of the application for a preannexation agreement shall be accompanied by payment of the applicable processing fee in the amount as established by the city council. The processing fee shall not be refundable.

F. Water and/or connections shall be distributed to minor projects on a first come, first served basis. The number of available connections for minor projects for each year shall be set by resolution of the city council. Notwithstanding the foregoing, if no such resolution is adopted for any given calendar year, the number of available connections for minor projects for such year shall be equal to the number of available connections for minor projects established for the previous year.

G. Availability for water and/or sewer connections for major projects for each year shall be set by resolution of the city council. Notwithstanding the foregoing, if no such resolution is adopted for any given calendar year, the number of available connections for major projects shall be equal to the number of available connections for major projects established for the previous year. The availability of water and/or sewer connections shall be issued on a priority basis for the calendar year. The determination of a major project's priority for issuance of water and/or sewer availability shall be made by the municipal utilities director based upon the date of receipt of a completed application and the applicant's compliance with the requirements of this chapter.

H. Upon the city's receipt of completed applications for a water and/or sewer connection, environmental review and the preannexation agreement, the municipal utilities director and community development director shall present the applications to the city council for its determination on 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 sewer 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, 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 to pay for city services provided to the project 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.

I. Unless exempt, pursuant to Government Code section 56133 all projects making application for availability 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.

J. 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.

K. In the event a connection to the city's water and/or sewerage system is not made in the calendar year for which the availability application was approved, the project shall lose its availability and the applicant shall resubmit an application for availability in compliance with this chapter, including making payment of any applicable resubmittal fees, before any water or sewer connection may be made. (Ord. 2302 § 1, 1996)

A. All projects applying for availability of water and/or sewer service 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 water service and/or sewer service 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 sound operational policies of the city, the municipal utilities director may, at his or her discretion, condition or reject any application that is determined to be contrary to applicable regulatory requirements and detrimental to the city's water and/or sewer 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 of the date of the written decision of the municipal utilities director. 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 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, install the required infrastructure improvements in accordance with city requirements and specifications, receive approval of a water and/or sewer service connection and pay all applicable city fees established by the city council. Such fees shall be those in effect when the city determines that the applicant is physically ready to connect 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. The owner of the property to be served 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, which requires the owner to irrevocably consent to annexation proceedings and/or commence proceedings to annex the property to the city at the request of the city, and which requires the payment to the city of an amount equivalent to all capital improvement and other development fees which would be applicable to the property if it were within city limits. The preannexation agreement shall provide, among other things, that in the event the property is not annexed to the city in accordance with the terms of the agreement, 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. 2820, 2015: Ord. 2302 § 1, 1996)

A. The priority of an application for availability for water and/or sewer connections shall be based upon the date of receipt by the city of a completed application that satisfies the requirements of this chapter.

B. Applications for availability of water and/or sewer connections which are subject to the January 4 deadline shall be approved on a priority basis subject to the following criteria:

1. If only one application has been made for availability, that applicant shall be entitled, subject to compliance with the requirements of this chapter, to receive all availability applied for up to and including the annual amount of availability set by resolution of the city council.

2. In the event more than one application for availability is received for the January 4 deadline, the application having the highest priority shall be entitled, subject to compliance with requirements of this chapter, to receive all availability applied for up to and including fifty percent (50%) of the annual amount of availability set by resolution of the city council. All other applications shall be entitled, in order of their priority and subject to compliance with the requirements of this chapter, to receive all availability applied for up to and including the amount of annual availability remaining as set by resolution of the city council.

3. In the event there remains unallocated availability after compliance with subsection A of this section and this subsection, any remaining availability shall be distributed to the applicants in accordance with their respective priority basis until all the amount of annual availability set by resolution of the city council has been allocated.

C. Any application for availability which was subject to the January 4 deadline shall lose its priority in the event the following has not occurred by June 1 of the calendar year during which such applications were approved:

1. The project for which the application was approved is a subdivision, and a final map has not been approved and recorded for such project.

2. The project for which the application was approved is not a subdivision and construction has not commenced on the project pursuant to the issuance of a building permit.

D. Applications for availability of water and/or sewer connections which are subject to the June 1 deadline shall be approved on a priority basis subject to the following criteria:

1. Applications for availability shall be approved only to the extent that unallocated availability is extant from the amount of availability set by resolution of the city council.

2. Applications shall be approved in accordance with the procedures established by subsection B of this section.

3. In the event no applications for availability are made, any applications for availability which were subject to the January 4 deadline and which lost priority subject to subsection C of this section, shall have their previous priorities restored for the remainder of the calendar year. (Ord. 2302 § 1, 1996)