2006/07/11 City Council Resolution (6)RESOLUTION NO. 2006 -192
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A POLICY AND PROCEDURES REGARDING THE PROVISION OF
WATER AND SEWER SERVICES TO PROPOSED DEVELOPMENTS THAT
INCLUDE HOUSING UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS
WHEREAS, the State Legislature of California has enacted Chapter 727, Statutes of 2005
(SB 1087), which amends Government Code Section 65589.7 and requires water and sewer providers
to grant priority for water and sewer service to proposed developments that include housing units
affordable to lower- income households; and
WHEREAS, proposed developments that include housing units affordable to lower income
households are defined as dwelling units that shall be sold or rented to lower income households, as
defined in Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of
the Health and Safety Code; and
WHEREAS, Government Code Section 65589.7 requires that the public agency that provides
water or sewer services adopt written policies and procedures, not later than July 1, 2006 and at least
once every five (5) years thereafter, to establish such priority for affordable housing projects; and
WHEREAS, the City of Rohnert Park is the water and service provider for the City of
Rohnert Park and is, therefore, subject to the requirements of Government Code Section 65589.7; and
WHEREAS, City of Rohnert Park Staff has prepared the required policy and procedures
in conformance with Government Code Section 65589.7.
NOW BE IT RESOLVED by the City Council of the City of Rohnert Park that it does
hereby approve the policy and procedures regarding the provision of water and sewer services to
proposed developments that include housing units affordable to lower income households, as
provided in the attached Exhibit "A ".
DULY AND REGULARLY ADOPTED on this 11'h day of July, 2006, by the City of
Rohnert Park City Council by the following vote:
Attest:
Deputy City Clerk
CITY OF ROHNERT PARK
Mayor Ti -8m ith°
BREEZE: AYE FLORES: AYE MACKENZIE: AYE VI®AK- RTINEZ: AYE SMITH: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
EXHIBIT "A"
POLICIES AND PROCEDURES REGARDING WATER AND SEWER
SERVICES TO PROPOSED DEVELOPMENTS THAT INCLUDE HOUSING
UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS
EFFECTIVE DATE: July 11 , 2006
PURPOSE:
Pursuant to Government Code section 65589.7, the purpose of these policies and
procedures ( "Policy ") is to establish a uniform procedure to grant a priority for the
provision of water and sewer services to proposed developments that include housing
units affordable to lower income households.'
POLICY:
A priority for water and sewer services shall be given to proposed developments
that include housing units affordable to lower income households as defined in Section
50079.5 of the Health and Safety Code.
PROCEDURES:
1. Based upon existing regulations and restrictions relating to water shortage
emergencies, coupled with the availability of the water supply as determined by the City of
Rohnert Park, the Director of Community Development or his/her designee shall
coordinate with the City Engineer/Director of Public Works to ensure that a priority for
water and sewer services is given to proposed developments that include housing units
affordable to lower income households.
2. The City shall not deny or condition the approval of an application for
services to, or reduce the amount of services applied for by, a proposed development that.
includes housing units affordable to lower income households unless the City makes
specific written findings that the denial, condition, or reduction is necessary due to the
existence of one or more of the following:
a. The City:
i. does not have "sufficient water supply," as defined in Government Code section
66473.7(a)(2);
ii. is operating under a water shortage emergency as defined in Water Code section
350; or
' "Proposed developments that include housing units affordable to lower income households" means that
dwelling units shall be sold or rented to lower income households, as defined in Section 50079.5 of the
Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and
Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
iii. does not have sufficient water treatment or distribution capacity to serve the needs
of the proposed development, as demonstrated by a written engineering analysis
and report.
b. The City is subject to a compliance order issued by the State Department of Health
Services that prohibits new water connections.
C. The City does not have sufficient treatment or collection capacity, as demonstrated by
a written engineering analysis and report on the condition of the treatment or
collection works, to serve the needs of the proposed development.
d. The City is under an order issued by a Regional Water Quality Control Board that
prohibits new sewer connections..
e. The developer has failed to agree to reasonable terms and conditions relating to the
provision of service generally applicable to development projects seeking service from
the City, including, but not limited to, the requirements of local, state, or federal laws
and regulations or payment of a fee or charge imposed pursuant to Government Code
section 66013.