RESOLUTION NO. 26691
RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA ROSA ADOPTING COUNCIL POLICY NO. 200- 20, " PROVISION OF PRIORITY WATER SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS" AND COUNCIL POLICY NO. 200 -21, " PROVISION OF
PRIORITY SEWER SERVICE TO RESIDENTIAL DEVELOPMENTS WITH AFFORDABLE HOUSING UNITS"
WHEREAS, the California legislature hasdeclaredthe lack of affordable housing is a matter of vital statewide importance; and
WHEREAS, the City of SantaRosais committedto the fair andequitableprovision of water and sewerservicesto personsand entities within its servicearea, in conformancewith statelaw and City policies; and
WHEREAS, GovernmentCode Section 65589.7 enhancesthe priority grantedto lower- income housing by requiring that public agenciesthat provide water or sewer servicesshall adoptwritten policies and procedureswith specific objectivestandardsfor providing priority serviceto residentialdevelopmentswith lower income housing; and
WHEREAS, the adoption of the policies regarding provision of priority water and sewer service to residential developmentswith affordable housingwill bring the City of SantaRosainto compliancewith new Government. Code 65589. 7; and
WHEREAS, on September21, 2006, theSanta. RosaBoardof PublicUtilities, by resolution, recommended that the Council adopt these policies.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of SantaRosaadoptsCouncil Policy No. 200 - 20, "Provisionof WaterServiceto ResidentialDevelopmentswith AffordableHousingUnits" attachedheretoasExhibit "A" andCouncilPolicyNo. 200 -21 "Provisionof SewerServiceto Residential Developments with Affordable Housing Units" attachedhereto asExhibit `B" IN COUNCIL DULY PASSED this 17th day of October , 2006.
AYES: ( 6) Mayor Bender; Councilmembers Blanchard, Condron, Martini, Rabinowitsh, Sawyer
NOES:
ABSENT:
ABSTAIN:
ATTEST
0)
1) Councilmember Pierce
City Clerk
APPROVED AS TO FORM:
City Attorney
W WW Policy for Affordable HousingSB1087.res.doc
Attachment 1
COUNCIL POLICY
Subject:
Policy
Number
Effective
Date
Number
of Pages
PROVISION OF PRIORITY WATER
SERVICE TO RESIDENTIAL
DEVELOPMENTS WITH AFFORDABLE
HOUSING UNITS
200 - 20 10/ 17/ 2007 Page 1 of 2
I. PURPOSE
The purpose of this policy is to provide the City of SantaRosa's written policy on the prioritization of providing water serviceto residential developmentswith affordable housing units.
II. BACKGROUND
Government Code Section 65589. 7 requires agencies which provide water or sewer services to adoptwrittenpoliciesandprocedureswhichprovideforpriorityof theprovisionof waterand sewerservicesto proposedhousingdevelopmentsthathelpmeettheregionalneedfor lower incomehousingandbansthedenialor theconditioningof approvalof anapplicationfor services, or reducing the amount of the services applied for, merely becausea proposed development includes affordable housing components, exceptin limited circumstances.
III. POLICY
A. Water Service
The City of SantaRosa, to the extentpractical, will provide water service when:. 1) Sufficientwatersupplyanddistribution capacityis availableto accommodatethe demandapprovedby theCity within theservicearea, in accordancewith theGeneral Plan;
2) The proposeddevelopmentcanbe servedwater in a fashionthat meetsthe City' s criteria. Approval of applicationsfor connectionto the City' swatersystemshallnot bebasedonthepresenceor absenceof affordablehousingor low - incomehouseholds.
B. Provision of Service During Times of Available Capacity In timeswheretheCity of SantaRosahasavailablewatersupplyandcapacityin its water distribution system, the provision of public water service to eligible residential housing developments will be on an income neutral basis.
C. Provision of Service During Times of Limited Capacity In the eventof servicelimitations dueto supply, capacityor regulatoryconstraints, waterservice priority shallbegivento planneddevelopmentsthatincludehousingunitsaffordableto low income households in accordance with Government Code Section 65589. 7 ( SB 1087, 2005), and the limitations set therein.
D. Service Approval and Application Review
The City shall not deny or condition approvalof anapplication for servicesto or reducedthe amount of servicesapplied for by a proposeddevelopmentthat includes housing units affordable Exhibit A.
COUNCIL POLICY
Subject:
Policy
Number
Effective .
Date
Number
of Pages
PROVISION OF PRIORITY WATER
SERVICE TO RESIDENTIAL
DEVELOPMENTS WITH AFFORDABLE
HOUSING UNITS
200 - 20 10/ 17/ 2007 Page 2 of 2
to lower income households, unless the City makes specific written findings that the denial, condition or reductionis necessarydueto theexistenceof oneor more of the following; 1) The City doesnot have sufficient water supply available, asdemonstratedby written engineering analysis and a report on the condition of the water supply, to serve the needs of the proposed development.
2) TheCity doesnothavesufficientwatersystemtransmissioncapacityavailable, as demonstratedby written engineering analysis and a report on the condition of the water system transmission capacity, to serve the needs of the proposed development. 3) The applicanthasfailed to agreeto reasonabletermsandconditionsrelating to theprovision of waterservicegenerallyapplicableto developmentprojectsseekingwaterservicefrom the City, includingbutnotlimitedto, therequirementsof local, stateor federallawsand regulations or payment of demand fees.
E. Review and Adoption/ Readoption
At leastonceeveryfive yearsafterJuly 1, 2006, theBoardof PublicUtilities shallreviewand adopt, or readopt, a policy andproceduresregarding the prioritization for provision of water servicesto proposeddevelopmentsthat includehousingunits affordableto lower income households. This policy andproceduresshalltake into accountthe following information:
1) Regulations andrestrictions adoptedby the City relating to water shortageemergencies; and 2) Theavailabilityof watersuppliesasdeterminedby theCity pursuantto its UrbanWater Management Plan.
COUNCIL POLICY
Policy Effective Number
Subject: Number Date of Pages
PROVISION OF PRIORITY SEWER
SERVICE TO RESIDENTIAL
DEVELOPMENTS WITH AFFORD ABLE
2200- 21 10/ 17/ 2007 Page 1 of 2
HOUSING UNITS
I. PURPOSE
The purposeof this policy is to provide the City of SantaRosa'swritten policy on the • prioritization of providing sewerservicesto residential developmentswith affordable housing units.
II. BACKGROUND
Government Code Section 65589. 7 requires agencies which provide water or sewer services to adoptwritten policies and procedureswhich provide for priority of the provision of water and sewerservicesto proposedhousingdevelopmentsthathelpmeettheregionalneedfor lower incomehousingandbansthedenialor theconditioningof approvalof anapplicationfor services, or reducing the amount of the services applied for, merely becausea proposed development includes affordable housing components, exceptin limited circumstances.
III. POLICY
A. Sewer Service
The City of SantaRosa, to the extentpractical, will provide sewerservicewhen:
1) Sufficient capacityis availableto accommodatethe demandapprovedby the City within the service area, in accordance with the General Plan; 2) Theproposeddevelopmentcanbeservedsewerin afashionthatmeetstheCity's criteria. Approval of applicationsfor connectionto the City' s sewersystemshall not be basedon the presenceor absenceof affordable housing or low- income households.
B. Provision of Service During Times of Available Capacity In timeswherethe City of SantaRosahasavailablecapacityin its sewercollection, treatment anddisposal facilities, the provision of public sewer service to eligible residential housing developmentswill be on anincome neutralbasis.
C. Provision of Service During Times of Limited Capacity In the event of service limitations due to capacity or regulatory constraints, sewerservice priority shallbegivento planneddevelopmentsthatincludehousingunitsaffordableto low income households in accordance with Government Code Section 65589. 7 ( SB 1087, 2005), and the limitations set therein.
D. Service Approval and Application Review
The City shall not deny or condition approvalof an application for servicesto or reducedthe amountof servicesapplied for by aproposeddevelopmentthat includeshousingunits affordable to lower incomehouseholds, unlesstheCity makesspecificwritten findingsthatthe denial, conditionor reductionis necessarydueto theexistenceof oneor moreof thefollowing:
Exhibit A
COUNCIL POLICY
Policy Effective Number
Subject: Number Date of Pages
PROVISION OF PRIORITY SEWER
SERVICE TO RESIDENTIAL
DEVELOPMENTS WIT H AFFORDABLE
200 - 21 10/ 17/ 2007 Page 2 of 2
HOUSING UNITS
1) The City doesnot have sufficient treatment or collection transmission capacity, as demonstratedby written engineeringanalysis and a report on the condition of the treatment or collection systemcapacity, to servethe needsof the proposeddevelopment. 2) The SantaRosasubregionalseweragesystemis underan order issuedby the Regional Water Quality Control Board that prohibits new sewer connections. 3) Theapplicanthasfailedto agreeto reasonabletermsandconditionsrelatingto theprovision of sewer service generally applicable to development projects seeking sewer service from the City, including but not limited to, the requirementsof local, stateor federal laws and regulations or payment of permit connection fees.
E. Review and Adoption/ Readoption
At leastonceeveryfive yearsafterJuly 1, 2006, theBoardof PublicUtilities shallreviewand adopt, or readopt, a policy and procedures regarding the prioritization for provision of sewer servicesto proposeddevelopmentsthat include housingunits affordableto lower income households. Thispolicy andproceduresshalltakeinto accountthe following information:. 1) Regulationsandrestrictionsadoptedby theCity relatingto watershortageemergencies; 2) The availability of water suppliesasdeterminedby the City pursuantto its Urban Water Management Plan; and
3) Plans, documentsandinformation relied uponby the City that provide areasonablebasisfor makingservicedeterminations.