Item 1.7 - Temp Sewer Connection Located at the Terminus of Belvedere Dr.GAT 'OF'OIYi� J
City Of Poway
1N,
IN, THE HE �4; COUNCIL AGENDA REPORT
Cary THE
DATE:
TO:
FROM:
INITIATED BV:
SUBJECT:
March 18, 2014
APPROVED ffi
APPROVED AS AMENDED O
(SEE MINUTES)
DENIED O
REMOVED O
CONTINUED
RESOLUTION NO.
Honorable Mayor and Members of the City Council
Tina M. White, Interim City Manager ro
Robert J. Manis, Director of Development Serviced'"
Steve Crosby, City Engineer $L
Lewis Clapp, Associate Civil .Engineer w
Temporary Sewer Connection for Property located at the
Terminus of Belvedere Drive, APN: 323 - 010 -20
Summary
Mr. Dennis Ferdig, acting on behalf of the owner of the property located at the southerly
terminus of Belvedere Drive (Attachment 1), has requested that the City of Poway
approve a temporary sewer connection to the public sewer system. The property is not
suitable for an onsite septic system and public sewer is not available adjacent to the
property.
Recommended Action:
It is recommended that the City Council approve a temporary sewer connection to serve
the property, subject to the following conditions:
Execution by the property owners of an "Agreement Respecting: Temporary
Sewer Connection" (Sewer Agreement) (Attachment 2). Proof of property
ownership, in the form of a Grant Deed, or a current Title Report, or a Lot Book
Report, shall be provided to the City for verification of ownership. Said Sewer
Agreement shall be recorded in the office of the Recorder of San Diego County.
Recording fee shall be paid by property owners.
2. Payment of sewer connection fee, sewer cleanout fee and sewer cleanout
inspection fee in the amounts in effect at the time of permit issuance, within the
timeline stated in the Sewer Agreement. The current fee amounts are $5,836.00,
$50.00 and $25.00, respectively.
3. The owners shall provide the City with a copy of a recorded easement(s) in their
favor for sewer service across all private properties between the public sewer
main and the subject property within the timeline stated in the Sewer Agreement.
4. The Sewer Agreement must be executed within 60 days of Council approval of
the temporary connections and all of the requirements of the Sewer Agreement
1 of 5 March 18, 2014 Item # 1.7
Temporary Sewer Connection
Belvedere Drive, APN 323 - 010 -20
March 18, 2014
Page 2
must be satisfied within the timelines stated in the agreement, or the approval
shall be deemed expired.
Background:
Mr. Dennis Ferdig, acting on behalf of the owner of the property located at the terminus
of Belvedere Drive, has requested that the City of Poway approve a temporary sewer
connection to the public sewer system. The property is not suitable for an onsite septic
system due to physical constraints and public sewer is not available adjacent to the
property. The property owner has obtained approval of Minor Development Review
Application 13 -033 to construct a new single - family residence and is currently in the
process of obtaining a Grading Permit. Approval of a temporary sewer connection is a
condition of approval of the Minor Development Review Application.
Findings:
The nearest public sewer main is located in Earie Lane, a private street, approximately
425 feet east of the subject property. Extension of the public sewer main from the
existing main to the property is cost prohibitive. This property is one of the last
undeveloped parcels that can be served from the cul -de -sac at the end of Belvedere
Drive and there are currently no plans to extend the existing sewer main. City policy
requires City Council approval of a temporary sewer connection when the public main
does not front the property.
Fiscal Impact:
None.
Environmental Review:
The proposed project is Categorically Exempt as a Class 3 Categorical Exemption from
the California Environmental Quality Act (CEQA), pursuant to Section 15303(d) of the
2014 CEQA Guidelines, in that the project involves the installation of a new sewer
connection to a vacant property to serve a future single - family residence.
Public Notification:
Dennis Ferdig, 12675 Danielson Ct., Ste 404, Poway, CA 92064
Attachments:
1. Location Map
2. Sewer Agreement
Wengserv\Agenda Reports \14 Reports \Ganguli -Sen Temp Sewer \rpt.docx
2 of 5 March 18, 2014 Item #-LZ
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3 of 5 ATTACHMENT 1 March 18, 2014 Item # (.7
RECORDING REQUESTED BY:
CITY OF POWAY
AND WHEN RECORDED MAIL TO:
CITY CLERK
CITY OF POWAY
P O BOX 789
POWAY, CA 92074
APN: 323- 010 -20
(THIS SPACE FOR RECORDER's USE)
AGREEMENT RESPECTING TEMPORARY SEWER CONNECTION
THIS AGREEMENT .is made , 2014, between Ishita Sen, a
single woman, and Debalina Gang uli, a single woman, as joint tenants, herein called "Owner ", and
the City of Poway, herein called "City ", in view of the following facts:
A. Owner has title to the following described real property situated in the County of San Diego,
State of California, and within the boundaries of the City of Poway. The property of Owner
is more particularly, described as follows:
Property located on Belvedere Drive, Poway, California, APN 323- 010 -20
B. The property of Owner is not adjacent to any sewer main of the. City, and Owner has
applied for permission to connect with a City main at a location removed from the property
for the purpose of providing a sewer system for the property.
C. City is willing to permit a temporary connection at its nearest main, providing Owner agrees
to and accepts the following terms and conditions.
IT IS THEREFORE AGREED by Owner, on behalf of themselves and their successors in
interest, in the above described property, and City, as follows-
1 . Owner will, within twelve (12) months from date of this agreement, make application for a
connection and pay all City's regular charges and fees in effect at the time of service connection to
the City's nearest main, and obtain all permits necessary for the construction of the sewer
connection, and acquire any easement or encroachment permit which might be necessary to run a
service lateral from the main to the Owner's property. The cost of acquiring any such easement or
encroachment permit, the installation and subsequent maintenance of the service lateral shall be
entirely at Owner's expense, and the City shall have no liability or responsibility therefore.
2. The connection provided under the terms of this Agreement shall be available to the
property of Owner, as above described, only as long as such connection shall serve only one
parcel. Such service and use of the connection may be terminated by the City, upon thirty days'
written notice addressed to Owner at his last known address on file in the City, in the event the
service is extended to any division of the property into two or more separate parcels to be served
from such connection, or in the event of the construction of two or more residences thereon.
4 of 5 ATTACHMENT 2 March 18, 2014 Item # I.
Agreement Respecting Temporary Sewer Connection
APN: 323 - 010 -20
Page 2
3. Should City or others hereafter install or provide a City sewer main adjacent to Owner's
property or at a location from which City then determines is to be the point of permanent
connection, the temporary connection permitted by this Agreement shall, upon demand by the City,
be terminated. After such termination, any future sewer service shall be provided by a connection
to the new City main upon the payment to City by Owner of any charges and fees then established
by City. The amount of such charges and fees shall include those that -City then charged for
connection to the new main, less. fees previously paid, together with such other reasonable
charges as City may establish, including a proportionate share of the cost of installation of such
new main or a line charge.
4. Any breach or violation of the terms and conditions established by this Agreement or of
City's rules and regulations shall, at the option of the City, permit City to terminate this Agreement
and the temporary connection if such breach or violation is not cured within thirty days after written
notice given to Owner or their successors in interest by City. In the event of such termination, City
may disconnect the .line without any further liability or obligation to Owner or their successors in
interest.
5. Owner hereby further agrees to participate in the formation of a special assessment district,
pursuant to the provisions of either the "Municipal Improvement Act of 1913 ", or the "Improvement
Act of 1911'`,. for the construction and installation of a permanent sewer system. Owner further,
acknowledges that his property will be assessed for its proportionate share of the costs of the work
of improvement. Owner waives any rights, at this time, to protest or object to the formation of the
assessment district.
IN WITNESS WHEREOF, this Agreement has been executed by Owner and on behalf of
City pursuant to motion approved by the Poway City Council at its meeting held March 18, 2014.
OWNER: Ishita Sen and Debalina Ganguli
By:
Ishita Sen
By:
Debalina Ganguli
CITY OF POWAY
By:
(Signatures must be notarized)
Robert J. Manis
Director of Development Services
5 of 5 March 18, 2014 Item # l• 7