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HomeMy WebLinkAbout6577_CCv0001.pdf RESOLUTION NO. 6577 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING POLICY WITH REGARD TO THE PROVISION OF WATER AND SEWER SERVICE TO HOUSING AFFORDABLE TO LOWER INCOME PERSONS BE IT RESOLVED BY THE CITY COUCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Purpose. The purpose of this Resolution is to establish policy and 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 pursuant to the mandate set forth by Government Code Section 65589.7. Section 2. Priority. It is hereby established that a priority for water and sewer services shall be given to proposed developments that include housing units affordable to lower income households. Section 3. Procedure. A. Based upon availability of the City's water supply, as determined by the City's Municipal Utilities Director pursuant to the urban water management plan adopted by the City under the Water Code and other applicable factors, the Municipal Utilities Director shall coordinate with the City's Community Development Director to ensure that a priority for water and sewer service is given to proposed developments that include housing units affordable to lower income households. Notwithstanding the foregoing, this policy and procedure shall have no effect on any state or local regulations or restrictions relating to water shortage emergencies. For purposes of this Resolution, "water or sewer services" means supplying service through a pipe or other constructed conveyance for a residential purpose, and does not include the sale by the City of water for human consumption to another water supplier for resale. B. For purposes of this Resolution, the phrase "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 Health and Safety Code Section 50079.5; at an affordable housing cost, as defined in Health and Safety Code Section 50052.5; or an affordable rent, as defined in Health and Safety Code Section 50053. C. 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 specific written findings that the denial, condition or reduction is necessary due to the existence of one or more of the following: DJMIReso16577 a. The City does not have "sufficient water supply" as defined in Government Code Section 66473.7(a)(2), or is operating under a water shortage emergency as defined in Water Code Section 350, 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. b. The City is subject to a compliance order issued by the State Department of Health Services that prohibits new water connections. c. 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 6601.3. ADOPTED, SIGNED AND APPROVED this 6"' day of March, 2007. ATTEST: ayor of The City of Re lands rrie Poy e , ity Clerk 1, Lorrie Poyzer, Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof, held on the 6`'' day of March, 2007 by the following vote: AYES: Councilmembers Gilbreath, Gil, Gallagher, Aguilar, Mayor Harrison NOES: None ABSENT: None ABSTAIN: None Ir Lo ie Poyzer Jerk DJM\Resp%577