2014/07/23 City Council Resolution 2014-022RESOLUTION NO. 2014 -022
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 sewer 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 authorize and 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 City Council Policy.
DULY AND REGULARLY ADOPTED this 23t" day of July, 2014.
CITY OF ROHNERT PARK
Id
Josep� . Callinan, Mayor
ATTEST:
Buergler, City C
Attachment — Exhibit A
BELFORTE: MACKENZIE: A -.1_ STAFFORD: A�1 � AHANOTU: CALLINAN: ,q- f C
AYES: ( 5 ) NOES: ( 0 ) ABSENT: ( (3 ) ABSTAIN: ( 0 )
CITY OF ROHNERT PARK
CITY COUNCIL POLICY
SUBJECT I POLICY NO. I RESO. NO. I EFF. DATE I PAGE 1 OF 2
Water and Sewer Services Provided to Proposed 1 2014 -022 3/11/2014
Developments that Include Housing Units Affordable
to Lower Income Households
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.
PROCEDURE
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 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
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.
"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.
SUBJECT POLICY NO. I RESO. NO. I EFF. DATE I PAGE 2 OF 2
2014 -022 3/11/2014
Water and Sewer Services Provided to Proposed
Developments that Include Housing Units Affordable
to Lower Income Households
b. The City is subject to a compliance order issued by the State Department of
Health Services that prohibits new water connections.
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.