No. If the covenant is signed and recorded, future owners of the land for the proposed 90 homes would give up the right to protest annexation into Chino. The Council approved the sewer service request and covenant 5 to 0, subject to LAFCO approval, but it did not approve the homes.
What the city decided
The Council authorized a request for sewer service outside city limits and conditionally approved an agreement requiring future annexation. LAFCO, the county body that approves city boundary changes and services outside cities, must approve the sewer extension. San Bernardino County, not Chino, decides whether to approve the proposed homes and Tentative Tract Map No. 20849.
Where and who it affects
The vacant property is at 4103 and 4257 Phillips Boulevard, southeast of Phillips Boulevard and Pipeline Avenue. It is in unincorporated San Bernardino County, within Chino’s sphere of influence, an area the city expects to serve or annex someday. The proposal has 90 detached homes on about 23.8 net acres.
The planned sewer extension would also make city sewer service available to properties along the west side of Pipeline Avenue. Those owners could later abandon their septic systems and connect. The documents do not state their connection cost.
What it could mean for your property
The covenant will be recorded against the property and will bind future owners, tenants and occupants. It waives the right to protest or otherwise oppose annexation into Chino, including written or oral objections to LAFCO. Breaching that promise carries a payment of $10,000, plus costs.
The property owner must pay connection fees, sewer charges, LAFCO costs and the cost of building new sewer mains along Pipeline Avenue, Maple Street and Norton Avenue. The documents give no dollar amounts. They also do not say how the recorded covenant will apply across individual home lots.
Questions to ask before you buy or build
- Is the covenant recorded against this lot?
- What sewer connection fees and monthly charges apply?
- Has San Bernardino County approved the tract map?
- Has LAFCO approved sewer service?
What happens next
Chino can sign the covenant only after LAFCO confirms in writing that it approved the service extension. The developer must also repay the city’s LAFCO costs in full. If LAFCO says no, or the costs are not repaid, the covenant will not be signed and city sewer service will not be provided. The documents do not give a LAFCO hearing date, a county decision date or a future annexation date.