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Reso 1361-09/2010RESOLUTION NO. 1361 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT ESTABLISHING THE POLICY TITLED "WATER AND SEWER SERVICE POLICY REGARDING AFFORDABLE HOUSING DEVELOPMENT PURSUANT TO SECTION 65589.7 OF THE GOVERNMENT CODE" FOR IMPLEMENTATION OF SENATE BILL 1087 (SB 1087) REQUIREMENTS FOR WATER AND SEWER SERVICE WHEREAS, California Government Code Section 65589.7 was amended in October 2005 by Senate Bill 1087 (SB 1087) to require each public agency or private entity providing water and sewer services to grant a priority for the provisions of these services to proposed developments that include housing units affordable to lower income households; and WHEREAS, Vallecitos Water District ("District") staff has prepared a policy in compliance with the requirements of Section 65589.7; and WHEREAS, the policy attached hereto as Exhibit "A" outlines the steps necessary for implementation of SB 1087 Code requirements, NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District that it approves the Policy titled "Water and Sewer Service Policy Regarding Affordable Housing Development Pursuant to Section 65589.7 of the Government Code" attached hereto as Exhibit "A" and incorporated herein by reference, for the Implementation of Senate Bill 1087 Requirements for Water and Sewer Service. PASSED, APPROVED AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on the 15t day of September, 2010, by the following roll call vote. AYES: GENTRY, HANNAN, POLTL, SHELL, FERGUS NOES: ABSTAIN: ABSENT: ~ . , . A ~~.,, ,,,, Marga ~t E. Ferguson~F Board~of Directors Vallecitos Water District ATT ~~ ~ G~~ ident Dennis O. Lamb, Secretary Board of Directors Vallecitos Water District EXHIBIT "A" WATER AND SEWER SERVICE POLICY REGARDING AFFORDABLE HOUSING DEVELOPMENT PURSUANT TO SECTION 65589.7 OF THE GOVERNMENT CODE PURPOSE: In order to clarify its position regarding the provisions of water and sewer service to proposed developments within the boundaries of the water and sewer service areas of the Vallecitos Water District ("District") that include housing units affordable to lower income households within the District's water and sewer service areas, the District has adopted a policy statement in accordance with Section 65589.7 of the Government Code. BACKGROUND: Section 65589.7 of the Government Code was amended in October 2005 to require that each public agency or private entity providing water and sewer services grant a priority for the provision of these services to proposed developments that include housing units affordable to lower income households. Furthermore, public agencies providing water and sewer services must adopt written policies and procedures to implement the provisions of Section 65589.7. Within the water and sewer service areas of the District this policy shall apply to proposed developments that include housing units affordable to lower income households as defined in the following statutes: 1) Projects with housing that will be sold or rented to households with less than eighty percent (80%) of median income. (Health & Safety Code §50079.5) 2) For low income households. (Health & Safety Code § 50052.5) 3) Affordable Rental Housing (Health & Safety Code § 50053). POLICY: It is the policy of Vallecitos Water District that proposed developments within the District service area which qualify as housing units affordable to lower income households pursuant to section 65589.7 shall be granted service unless specific written findings are made that the denial, condition or reduction in service is necessary due to the existence of one or more of the following: 1) That the District does not have a "sufficient water supply," as defined in section 66473.7(2)(a) or is operating under a water shortage emergency, or under water shortage restrictions pursuant to Chapter 3 (commencing with Section 350) of Division 1 of the Water Code relating to water emergencies, or 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. 2) That the District's water supply system is not subject to a compliance order issued by the State Department of Health Services that prohibits new water service connections. 3) That the District does not have sufficient sewer treatment or collection capacity as demonstrated by written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development. 4) That District is under an order issued by the Regional Water Quality Control Board that prohibits new sewer connections. 5) That the applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking service from the District including but not limited to, the requirements of the District or local, state, or federal laws and regulations or payment of a fee or charge imposed pursuant to Government Code Section 66013.