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HomeMy WebLinkAboutResolutions 89-068 N.C.S. 03/06/1989~es®IUtlol7 Nom. 8 9-6 8 N ~.5. of the City of Petaluma, California A RESOLUTION ESTABLISHING POLICIES FOR EXTENSION OF SEWER SERVICE FOR USE OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF PETALUMA WHEREAS, the City of Petaluma is willing, under certain circumstances, to provide sewer service to lands currently outside of the corporate limits of the City but within its Sphere of Influence. In addition, other limited service may be provided at the discretion of the City Council where existing conditions are an immediate threat to the health and welfare in areas outside of the City's Sphere of Influence. WHEREAS, by offering such opportunities it remains the City's policy to: 1) oppose urban development in unincorporated areas, 2) limit premature parcelization and development of agricultural lands, 3) offer sewer service as a means of meeting immediate human health needs rather than providing a convenience for future parcelization or development outside of the corporate limits; and, WHEREAS, certain areas have been identified as urban service areas on the City's adopted sphere of influence, wherein the provision of sewer service for less than urban densities is currently provided or will. likely be provided, which are not planned as potential annexation areas. NOW, THEREFORE BE IT RESOLVED THAT I. Applications for outside sewer service shall. be considered and may be approved only when the following circumstances exist: A. AREAS WITHIN THE ADOPTED SPHERE OF INFLUENCE 1. The sewer service is to be used: 1) for dwellings in existence on the date of adoption of this resolution 2), for one principal dwelling and up to one accessory "granny" unit approved for construction on parcels created prior to the 1 date of adoption of this resolution, or 3) for non-residential uses only upon the- approval of .the City Council. 2. The sewer service is for ~ residential purposes unless otherwise specifically approved by the City Council. 3. The sewer main from which service is to be derived is in place and of sufficient capacity to _ accommodate the requested service. If deemed necessary by the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use. B. AREA5 OUTSIDE OF THE ADOPTED SPHERE OF INFLUENCE 1. A clear health hazard exists. 2. Need is demonstrated by evidence. of contamination clearly stated in a letter from County Health Department with documentation. by an independent laboratory and/or civil engineer whichever is deemed appropriate by City staff. 3. Service may be provided to dwellings or non-residential land uses in existence on the date of the adoption of this resolution or for dwellings for which building permits have been issued prior to the date of .adoption of this resolution or for non-residential uses but only upon the approval of the City Council. 4, The sewer main from which service is to be derived is in place and. of sufficient capacity. to accommodate the requested service. If deemed necessary by 'the City Engineer, a sewer main to serve the property must be constructed to standards acceptable to the City of Petaluma and dedicated to the City for public use . 2 Reso. 89-68 N.C.S. II. Applications for outside sewer service within the sphere of influence shall be reviewed and conditionally approved or denied by the City Engineer and the Director of Community Development and Planning in accord with the policies and conditions herein set forth. III. For areas outside the sphere of influence where a clear health hazard exists, requests shall be reviewed on a case-by-case basis by the City Council . IV. Every outside sewer service approval shall be subject to the following conditions and any other conditions the City Engineer and Director of Community Development and Planning deem necessary to protect. and promote the interests of the City of Petaluma. Said conditions shall be implemented or complied with by the applicant, to the satisfaction of City staff prior to .initiation of service . 1. For properties within the sphere of influence, annexation impact fees, as established by the City Council, shall be paid prior to the initiation of the sewer service and where it is deemed by the City Engineer and Engineering and the Community Development and Planning Director that immediate annexation is feasible, annexation shall become a condition of approval. 2. Any unauthorized extension of service for use not specifically approved by the City, e. g. a second dwelling, shall be cause for the discontinuance of service. 3. "Outside" rate to be established by City Council resolution, which reflects the current rate for service as per Petaluma Municipal Code and an additional fee for service outside City limits to the extent permitted by law. 4. An agreement shall be executed between the property owner and the City, to run with the land, which commits present and future property owners to the construction of, or payment for frontage improvements (i.e. , one-half street, curb, gutter, sidewalk, 3 Reso. 89-68 NC.S. water lines for domestic use and fire protection, sewer and storm drainage facilities to City Standards) , at the option of the City at such time as the property is subdivided, annexed or abutting properties construct similar improvements. Dedication of right-of-way for public streets or easements for utilities may be required. 5. Sewer service requested for lands lying within the sphere of influence proposed for subdivision must meet City Development Standards and have direct abutting access to an improved public street designed to meet City Standards . reso. outside. sewer /resoll Under the power and authority conferred upon this Council by the Charter of said City..; REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Appr e Council of the City of Petaluma at a (Regular) (IS~j~c~'al) meeting on the ..-.6th -....... day of ........................... Ma Y C h................., 19.. 8.9 by the following vote: it Attorney AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayor Hilligoss NOES: 0 ABSENT: 0 ~- City Clerk 4 Mayor Council File-.--• .............................. cn io-aa Res. No.....8.9..-.6.8........ N.cs.