Res 06-078
RESOLUTION NO. 06-078
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CAliFORNIA,
GOVERNING WATER AND SEWER SERVICE TO
AFFORDABLE HOUSING UNITS FOR LOWER INCOME HOUSEHOLDS
WHEREAS, the Legislature amended Government Code ~65589.7 in 2005 and
required public agencies that provide water or sewer services to grant a priority for
these services to proposed developments that include housing units affordable to lower
income households; and
WHEREAS, Government Code 965589.7(b) requires public agencies providing
water or sewer services to adopt written policies and procedures, not later than July 1,
2006 and at least once every five years thereafter, containing standards for the
provision of water and sewer services to proposed developments that include housing
units to lower income households; and
WHEREAS, the City now desires to adopt this Resolution as its written policies
and procedures for service to proposed developments that include housing units
affordable to lower income households in compliance with Government Code ~65589.7.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. Water and Sewer Service to Affordable Housina Units. The City of
poway shall not deny or condition the approval of an application for water or sewer
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 District
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 of Poway does not have a sufficient water supply as defined in
paragraph two (2) of subdivision (a) of Government Code ~66473.7 or is
operating under a water shortage emergency as defined in Water Code ~350,
or does not have sufficient water treatment or distribution capacity to serve
the needs of the proposed affordable housing development as demonstrated
by a written engineering analysis and report; or
B. The City of Poway is subject to a compliance order issued by the State
Department of Health Services that prohibits new water connections; or
C. The City of Poway does not have sufficient sewer treatment or collection
capacity to serve the needs of the proposed affordable housing development
as demonstrated by a written engineering analysis and report; or
D. The City of Poway is under an order issued by the Regional Water Quality
Control Board that prohibits new sewer connections; or
Resolution No. 06 - 078
Page 2
E. The applicant fails to agree to reasonable terms and conditions for water or
sewer service from the City of Poway, which is generally applicable to other
development projects seeking water or sewer service from the City of Poway
including, but not limited to, payment of any fee or charge authorized by
Government Code ~66013.
Section 2. Effective Date. This Resolution shall become effective as of
September 19, 2006.
Section 3. Review of Service Policies. At least once every five (5) years after
passage of this Resolution, the policies contained in this Resolution shall be presented
to the City Council for a review and evaluation of the written policies governing water
and sewer services to proposed developments that include housing units affordable to
lower income households.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 19th day of September 2006.
ATTEST:
~(}-lL.t D~L1J/aJ
Sherrie D. orrell, Deputy City Clerk
STATE OF CAliFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sherrie D. Worrell, Deputy City Clerk of the City of Poway, do hereby certify,
under the penalty of perjury, that the foregoing Resolution No. 06-077, was duly
adopted by the City Council at a meeting of said City Council held on the 19th day of
September 2006, and that it was so adopted by the following vote:
AYES:
EMERY, HIGGINSON, REXFORD, CAFAGNA
NOES:
NONE
ABSENT:
BOYACK
DISQUALIFIED: NONE
V/lLllif 0iJf!!i~ tJ
Sherrie D. Worrell, eputy City Clerk
City of Poway