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HomeMy WebLinkAboutAgenda Bill 08.D 02/24/2003.Q 4 if B 24:2003 8 D CITY OF PETALUMA, CALIFORNIA >' AGENDA BILL f Agenda',' Title: Resolution authorizing a non-residential outside Meeting Date: sanitarsewer service for Calvary Catholic Cemetery at 304 February 24, 2003 Magnolia Avenue (APN 048-141-015&034). Department: Director: Contact Persdib. Phone Number: Community Mike Moo Craig Sp au g 778-4466 Development . Cost of Proposal: N/A Account Number: N/A Amount BudLeted: N/A Name of Fund: N/A Attachments to Agenda Packet Item: Resolution to approve outside sanitary -sewer Iervice Vicinity Map Resolution No. 89-68 Summary Statement: The applicant is requesting a non-residential outside sanitary sewer 'service. Upon approval, the sanitary sewer connection will be constructed at the owner's expense. Council Priority: THis AGENDA ITEM IS CONSIDERED TO BEPART OF, OR NECESSARY TO, ONE OR MORE OF THE 2001 PRIURI'I'IEs ESTABLISHED BY THE CITY COUNCIL ON JULY 21, 2001. Priority(s): N/A Recommended City Council Action/Suggested'Motion Approve resolution to, allow outside sanitary sewer service to Calvary Catholic Cemetery at 304 Magnolia Avenue. Reviewed by Finance Director: Reviewed by City Attorney: Alporoved bv,,CItv Manager: Date: D te: Ild"y—'s Dat r - ruary 2, 2003 Revision # te.,. evised: File Code: y% •if lii��� I. CITY )OF PETALUMA, CALIFORNIA FEBRUARY 24, 2003 AGENDA REPORT FOR RESOLUTION AUTHORIZING A NON-RESIDENTIAL SANITARY SEWER SEVICE FOR CALVARY CATHOLIC CEMETERY AT 304 MAGNOLIA AVENUE (APN 048-141-0I5 & 034) EXECUTIVE SUMMARY: The applicant is requesting a non-residential sanitary sewer service. Upon approval, the sanitary sewer connection will be constructed at the owner's expense. 2. BACKGROUND: According to the applicant the existing septic system is experiencing problems and instead of repairing the existing system they are requesting. a sewer connection. The proposed service is intended to serve the existing office bathrooms. Resolution No. 89-68 establishes policies for sewer service outside the City limits. The subject property meets the initial criteria for outside sewer service because it lies outside the City limits and within the adopted sphere of 'influence (Urban Growth Boundary). Because this application is non-residential City Council approval is required. The Water Resources and, Conservation Department has reviewed the subject application and will require the applicant to pay a monthly wastewater service fee as determined by that department. It is the City Council's decision to approve or not approve outside sanitary sewer service to the subject property. Resolution,89=6 8. is very specific about defining the use of the service and'' that any unauthorized extension of the service' not specifically approved by the City is cause for discontinuance of the service. Therefore, once the service is approved for the office bathrooms, no additional use would be allowed without returning to the City Council for approval. 3. ALTERNATIVES If the service is not approved, the office bathrooms will remain on a septic system. 4. $FINANCIAL IMPACTS: N/A 5. CONCLUSION: This application meets the criteria for outside sewer service and requires City Council approval per Resolution No. 89-68. Staff, takes no exception to the' approval of the subject outside sewer service. 6. OUTCOIVIES:OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY 'SUCCES$ OR COMPLETION' N/A 7. RECOMMENDATION: Approve resolution allowing outside sanitary sewer service to Calvary Catholic Cemetery at 304 Magnolia Avenue. SACC -City Council\ReportslCalvary Catholic Cemetery outside Sewer.doc • 0 1 DRAFT RESOLUTION 2 3 AUTHORIZE OUTSIDE 'SEWER SERVICE TO CALVARY CHATHOLIC CEMETERY 4 AT 340 'MAGNOLI'A AVENUE (APN 048-141-015 & 034) 5 6 7 WHEREAS, the representative of Calvary Catholic Cemetery at 304 Magnolia Avenue 8 applied for a non-residential outside sewer service; and 9 10 WHEREAS, the property meets the outside sewer service criteria as described in 11 Resolution No. 89-68; and 12 13 WHEREAS, also described in Resolution No. 89-68, a non-residential outside sewer 14 service shall only be approved by the 'City Council, 15 16 NOW, THEREFORE, be it resolved by the Council of the, City of Petaluma that the 17 outside sewer service for the subject property is approved and the Community Development 18 Department is directed to collect the appropriate fees, prepare an approval letter and execute •19 and record an outside sewer connection agreement; and the applicant shall be subject to a 20 monthly wastewater service fee as determined by the Water Resources and Conservation 21 Department. 22 23 S:\CC-City Council\resolutions\Calvary Catholic Cemetery 304 Mag.doc Resolution No. 89-68 N.C.S. of the City of Petaluma, California A RESOLUTION ESTABLISHTNG POLICIES FOP, 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 p-rovided 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 tobe 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 ., Res. No. _.a.9.7.6 8........ N..C.& FM date of :adoption of this resolution,, or 3) for non-residential • uses only upon the approval of the City Council. Z. 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 newer 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. AREAS OUTSIDE .OF THE ADOPTED SPHERE OF INFLUENCE 1. A clear health hazard exists.. Z. 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 servic:e:. 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 condition's 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. Z. -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 n the property owner and regiment e executed between 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 domes"tic 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. Ded"cation 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 Iresoll REFERENCE. Under the power"and authority conferred_ upon this Council'by the Charter of said I hereby certify the foregoing Resolution :was introduced and adopted by the -Council of.the City of Petaluma. at ,a (Regular) meeting on the _r6 t h. ,_w_ day of ... _...... _.... ____..March 19.: by the following vote: AYES: Cavanagh, Tencer., Sobel, Woolsey, Balshaw, Vice Mayor ;Davis, Mayor Hilligo:ss NOES: 0 ABSENT. 0 � UJ`J ATTEST: __ Gf�G(/.. -• •-- City Clerk d Mayor Qnmal Ri1., CA io-as R« ........ N.C.&