HomeMy WebLinkAbout2006-08-10 - Resolution No. 06-041
RESOLUTION NO. 06-04
RESOLUTION OF THE BOARD OF DIRECTORS
OF THE YORBA LINDA WATER DISTRICT
ESTABLISHING POLICIES AND PROCEDURES FOR THE PROVISION OF
WATER AND SEWER SERVICE TO DEVELOPMENTS THAT INCLUDE
HOUSING UNITS AFFORDABLE TO LOWER INCOME HOUSEHOLDS
WHEREAS, California law, as set forth in Government Code Section 65589.7, as
amended January 1, 2006, requires each public agency or private entity
providing water or sewer services to adopt written policies and
procedures for granting a priority in the provision of water and sewer
services to proposed developments that include housing units affordable
to lower income households, and
WHEREAS, Yorba Linda Water District (YLWD) does not have in effect a policy or
procedure limiting or allocating, and does not limit or allocate, the
availability of water or sewer service to proposed developments, other
than the limitation that each developer/applicant must meet all
requirements of YLWD's rules and regulations for water service,
including without limitation the requirement for each developer/applicant
to pay all applicable fees and charges, and the requirement to obtain a
water supply assessment and a water supply verification if applicable,
and
WHEREAS, the Board of Directors of Yorba Linda Water District wishes to adopt the
policies and procedures set forth in this resolution, with the intention that
when YLWD's Urban Water Management Plan is next updated in 2010,
such policies and procedures will be updated at the same time.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Yorba Linda
Water District:
Section 1. YLWD's 2005 Urban Water Management Plan shows that the total water
supplies available to YLWD during normal, single-dry and multiple-dry years within a
20-year projection will meet the projected water demand of existing uses, committed
demand (demand from development that has approved zoning and, if required by law,
an adopted water supply assessment) and planned future uses at full build-out.
Section 2. The Urban Water Management Plan currently does not identify any
shortfall in YLWD's capacity to provide water and sewer services. Based on these
planning documents, YLWD reasonably expects to continue to approve all
applications for service meeting the requirements of the water rules and regulations.
Section 3. It is the policy of YLWD that priority shall be granted in the provision of
water and sewer services to proposed developments that include housing units
affordable to lower income households. This policy shall be implemented as follows:
(a) If any update or revision of any of the District's planning documents shall
identify or project any shortfall in the existing and under-development capacity of
YLWD to provide water or sewer service, then YLWD shall reserve from its then-
uncommitted water supplies an amount of its water supply capacity equivalent to the
demands of planned housing units affordable to lower income households, as
computed by YLWD, based upon the housing elements of the County of Orange and
each city served by YLWD.
(b) The supplies and capacity reserved as described in paragraph (a) shall not
be considered in determining new service availability for proposed developments,
except for the portion of any development's demand attributable to housing units
affordable to lower income households. Whenever service connections for such
affordable units are granted, the corresponding demand shall be deducted from the
reserved amount and transferred to the baseline existing demand capacity. The
foregoing is intended to be an aggregated demand-supply accounting process only,
nothing herein is intended to assign YLWD capacity or any service right or priority to
any service connection, customer or use.
(c) In the event of an identified shortfall as described in paragraph (a), as
sufficient unreserved capacity becomes available, applications for service that are
completed as to all requirements of the rules and regulations shall be approved in the
order in which they were completed, provided that if more than one completed
application is then on file with YLWD, completed applications for proposed
developments that include housing units affordable to lower income households shall
be approved before any completed applications for proposed developments that do
not include housing units affordable to lower income households.
PASSED AND ADOPTED this 10th day of August, 2006 by the following called vote:
AYES: Armstrong, Beverage, Collett, Mills, Summerfield
NOES: None
ABSENT: None
ABSTAIN None
Paul R. Armstrong, President J
Yorba Linda Water District
ATTEST:
Gael A.-Payne, Secreta 1
Yorba Linda Water District