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HomeMy WebLinkAbout2023-04-04; Council Policy No. 97 - Sewer and Water Service Priority Policy for Affordable Housing Development Pursuant to Section 65589.7 of the California Government CodeCity Council POLICY STATEMENT Policy No. Date Issued 97 April 4, 2023 Resolution No. 2023-098 Subject: Sewer and Water Service Priority Policy for Affordable Housing Development Pursuant to Section 65589.7 of the California Government Code Purpose The purpose of this policy is to establish conformance with California Government Code Section 65589. 7 by memorializing written procedures for prioritizing water and sewer service needs for proposed developments that include housing units affordable to lower-income households. The city provides sewage collection services and the Carlsbad Municipal Water District, or CMWD, a subsidiary district of the city, provides water distribution services. Both entities are subject to the conditions of Section 65589.7. The service priority policy provided herein shall be adopted by both entities.1 Background California Government Code Section 65589.7 was amended in 2005 by Senate Bill 1087 to require public or private purveyors providing sewer collection or water distribution services to enact written policy to prioritize service connections for proposed developments that include housing units affordabl� to lower-income households. The policy must include specific objective standards for prioritizing water and sewer service needs for proposed developments that include affordable housing units within city and CMWD service areas. These policies are to be revisited, updated and readopted once every five years per Senate Bill 1087. The policies and procedures shall account for the following: 1.Regulations and restrictions adopted pursuant to Chapter 3 of Division 1 of the Water Code relating to water shortage emergencies. 2.Availability of the water supply as determined by the public agency or private entity pursuant to an urban water management plan adopted pursuant to Part 2.6 of Division 6 of the Water Code. 3.Plans, documents and information relied upon by the public agency or private entity that is not an urban water supplier, as defined in Section 10617 of the Water Code, or that provides sewer service, that provide a reasonable basis for making service determinations. Statement of Policy In accordance with Senate Bill 1087 and California Government Code Section 65589.7, the city and the CWMD shall grant sewer and water service priority within their respective service areas to proposed developments that include housing units affordable to lower-income households. 1 The policy was approved by the Board of Directors of the Carlsbad Municipal Water District of the City of Carlsbad on April 4, 2023 by Resolution No. 2023-098 Sewer and Water Service Priority Policy for Affordable Housing Development April 4, 2023 Page 2 Procedure The following definitions shall apply to this policy: 1)"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 Section 50079.5 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. 2)"Water or sewer services" means the supply of a service through a pipe or other constructed conveyance system for residential purposes. This does not include the resale of water for human consumption from one water supplier to another. This also does not include passing sewerage from one sanitary agency's collection system to another. The policy shall be implemented and enforced per the conditions herein: 1)Neither the city nor the CMWD shall deny or condition the approval of an application for water or sewer services to, or reduce the amount of such services applied by, a proposed development that includes housing units affordable to lower-income households unless the .city or the CMWD make specific written findings that the denial, condition or reduction is necessary due to one of the following: a.The CMWD is operating under a water shortage emergency as defined by Section 350 of the Water Code. b.The CMWD does not have a "sufficient water supply", as defined by Section 66473.7(2)(a) of the California Government Code. c.The San Diego County Water Authority has declared Drought Response Level 5 prohibiting new water service connections. d.A written engineering analysis and report demonstrate the existing water distribution system does not have sufficient water distribution capacity to serve the proposed development. e.A written engineering analysis and report demonstrate the existing sewerage collection system does not have sufficient collection capacity to serve the proposed development. f.A written engineering analysis and report demonstrate the Encina Wastewater Authority treatment plant does not have sufficient treatment capacity for the sewerage generated by the proposed development. g.The State Water Board Division of Drinking Water, State Water Resources Control Board, San Diego Regional Water Quality Control Board and/or the San Diego County Department of Environmental Health and Quality issues an order to the CMWD that prohibits new water connections or to the City that prohibits new sewer connections. h.The applicant has failed to agree to reasonable terms and conditions relating to the provision of service generally applicable to development projects seeking Sewer and Water Service Priority Policy for Affordable Housing Development April 4, 2023 Page 3 service from the city or the CMWD, including but not limited to, the requirements of local, state or federal laws, codes, standards, regulations or payment of a fee or charge imposed pursuant to Section 66013. 2)The city and the CMWD shall revisit, revise (if necessary) and readopt an update to these procedures and policies at least once within five years of the issuance date.