Chapter 13.10
OUTSIDE SEWER CONNECTIONS
Sections:
13.10.030 Sewer service connection criteria.
13.10.050 General regulations.
13.10.010 Purpose.
The purpose of establishing requirements for outside sewer connections is intended to:
A. Protect public health and safety by establishing standards for sewer connections for residential, commercial/industrial or lands of other uses into the City’s sanitary sewer system;
B. Preserve, protect and enhance the character of residential neighborhoods; and
C. Remedy the public health and safety impacts of failed on-site solid waste disposal systems. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.020 Applicability.
Developed properties with only one primary single-family residence on each property, located in the unincorporated territory within the Local Agency Formation Commission (LAFCo) adopted sphere of influence of San Carlos which may be approved for annexation by LAFCo, may be permitted to connect to the City’s sanitary sewer system through an outside sewer connection agreement, provided the provisions of this chapter are met. The City may consider new or extended services by contract or agreement within the sphere of influence in anticipation of annexation and/or outside the sphere of influence to respond to an existing or impending threat to public health or safety of the public or the affected residents upon LAFCo authorization in accordance with Government Code Section 56133. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.030 Sewer service connection criteria.
A. City sanitary sewer service may be provided on developed property contiguous to the City of San Carlos by approval of the City Council under the following circumstances:
1. Upon submittal of certification from the San Mateo County Environmental Health Services Division that the septic system is failing and a dangerous public health problem exists, no other on-site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and
2. The need for the sanitary sewer connection is not the result of an illegal subdivision; and
3. The applicant for a sewer service connection has submitted a prezoning and annexation application in accordance with Chapter 18.38.
B. City sanitary sewer service may be provided on developed property which is not contiguous to parcels located in the City of San Carlos by approval of the City Council under the following circumstances:
1. Upon submittal of certification from the San Mateo County Environmental Health Services Division that the septic system is failing and a dangerous public health problem exists, no other on-site disposal system is feasible, and that the only available remedy is connection to an existing public sewer system; and
2. The need for the sanitary sewer connection is not the result of an illegal subdivision; and
3. The applicant for a sewer service connection has submitted evidence from LAFCo that the connection is authorized in accordance with Government Code Section 56133.
4. The applicant for a sewer service connection shall provide for future annexation in accordance with Chapter 18.38 by entering into an irrevocable agreement to annex to San Carlos.
C. City sanitary sewer service on developed properties which do not meet the criteria of subsection A or B of this section and on undeveloped properties shall only be provided in conjunction with prezoning and annexation pursuant to Chapter 18.38. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.040 Application.
A request for City sanitary sewer service is accompanied by an application for an outside sewer service agreement subject to provisions of this chapter. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.050 General regulations.
A. Connections to Sanitary Sewer. The parcel(s) can be connected to the City’s sanitary sewer to the satisfaction of the Director of Public Works. All costs of installation of new sewer systems and laterals shall be at the owner’s expense including inspection, plan check fees, and other City fees and annual service charges. Absent a finding of a public health emergency by the San Mateo County Director of Environmental Health Services, connections by way of lateral easements shall not be allowed.
B. Prezoning and Annexation.
1. Properties applying under Section 13.10.030(A) shall be prezoned pursuant to Chapter 18.38.
2. For properties applying under Section 13.10.030(B), annexation of the property shall occur per the criteria specified in Chapter 18.38 within five years of the date of an outside sewer service agreement specified in subsection C of this section unless other provisions have been made through the irrevocable agreement to annex to San Carlos.
C. Outside Sewer Service Agreement. In issuing an outside sewer service agreement, the City and all parties with right, title, or interest in the property have entered into an irrevocable agreement to annex to San Carlos at such time as the property becomes contiguous or otherwise capable of annexing to San Carlos. The form of such irrevocable agreement to annex shall be satisfactory to the City Attorney and shall be binding on all future owners and parties of interest. Such agreement shall bind the applicant to the costs for improvements to public facilities and may include bonding or other financial instruments.
D. Deed Restriction. The property owner has recorded a deed restriction with City notification procedures, on the property specifying that the property can only be re-subdivided in accordance with the San Carlos Subdivision Ordinance standards, and no additional sewer connection can be requested without annexation to the City of San Carlos.
E. Buildings and Structures. All new buildings and structures constructed on the parcel(s) shall be constructed in accordance with the provisions of the San Carlos Municipal Code and the ordinances of the applicable fire agency. The City shall request San Mateo County to grant plan check and building inspection authority to the City of San Carlos for all such buildings and structures.
F. Nonconformities. Nonconforming uses, structures and lots are subject to the provisions of Chapter 18.19, Nonconforming Uses, Structures and Lots.
G. Conveyance by Sanitation District. When the connection to the City’s sanitary sewer requires conveyance through another sanitation district, the subject parcel shall contract with the available sanitation district and all appropriate fees for connection, maintenance and use shall be paid. Such conveyance shall only be applicable to those parcels in the vicinity of such a district and conveyance is feasible as determined by the Director of Public Works.
H. Other Regulations. The City may impose such reasonable conditions or restrictions as it deems necessary to secure the purpose of the City’s General Plan and Municipal Code and to assure operation of the use in a manner compatible with existing and potential uses of adjoining properties and in the general vicinity, and may require guarantees and evidence that such conditions are being, or will be, complied with. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.060 Findings.
A. The Director of Public Works has determined there is sufficient capacity in the trunk lines and at the treatment plant to adequately provide sewer service to the property.
B. Annexation of the parcel meeting the criteria for sewer service connection:
1. As specified in Section 13.10.030(A), is possible and the applicant has applied for prezoning and annexation and entered into an irrevocable agreement to annex to San Carlos; or
2. As specified in Section 13.10.030(B), would not be possible:
a. Due to noncompliance with City, County or LAFCo policies as determined through submittal of certification by Local Agency Formation Commission staff; and
b. Even though the property is within the LAFCo adopted sphere of influence of San Carlos, it is not currently contiguous to the San Carlos city limits or otherwise immediately capable of annexing to San Carlos; and
c. The Community Development Director and Public Works Director have made a written determination that annexation of the property is likely to occur with five years of the date of the outside sewer service agreement and the applicant has entered into an irrevocable agreement to annex to the City of San Carlos. (Ord. 1439 § 4 (Exh. D (part)), 2011)
13.10.070 Permits and fees.
The following permits and fees shall be required:
A. Provision has been made for the payment of all planning and building permit fees, including the below market rate in-lieu housing fees, to the City of San Carlos as a condition of building permit issuance as required by Section 13.10.050(E).
B. Payment of all City and other sanitation district sewer connection fees and other fees associated with the connection shall be required. The County shall agree to collect the annual sewer service charges and reimburse the City.
C. The applicant shall be responsible for all fees involved in the preparation of all the agreements, including reimbursement agreements and outside sewer service agreements.
D. Provision has been made for the property owner to pay all costs and fees associated with the sewer connection, including but not limited to installation of all necessary pipes and appurtenances, payment of all connection and services fees. (Ord. 1439 § 4 (Exh. D (part)), 2011)