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
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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.