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City Council Meeting October 12, 2021 Santa Monica, California
RESOLUTION NUMBER 11367 (CCS)
(CITY COUNCIL SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADOPTING ADOPTING POLICIES AND PROCEDURES
FOR PROVIDING PRIORITY SERVICE TO DEVELOPMENTS
WITH HOUSING UNITS AFFORDABLE TO LOWER INCOME
HOUSEHOLDS PURSUANT TO GOVERNMENT CODE SECTION
65589.7
WHEREAS, the California legislature has declared that the lack of
affordable housing is a matter of vital statewide importance; and
WHEREAS, Government Code Section 65589.7 requires municipalities
and agencies which provide water and/or sewer services to adopt written policies
and procedures that prioritize the provision of water and sewer services to
proposed developments that include housing units affordable to lower income
households; and
WHEREAS, state law also prohibits denying or conditioning the approval
of an application for services, or reducing the amount of services applied for,
merely because a proposed development that includes housing affordable to
lower income households, except in limited circumstances; and
WHEREAS, the City’s Water Resources Division is a retail water agency
that provides potable and non-potable water for single- and multi-family
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residential, commercial, and industrial uses, as well as landscape irrigation and
fire protection; and
WHEREAS, the City and its water infrastructure are largely built-out,
therefore, the domestic water supply infrastructure is already in place and
generally fixed in nature; and
WHEREAS, the City, to the extent practical, would provide water service
when: 1) sufficient water supply and distribution capacity is available to
accommodate the demand approved by the City’s Water Resources Division
within the service area, and 2) the proposed development can be served water in
a fashion that meets the City’s criteria; and
WHEREAS, approval of applications for connection to the City’s water
system shall not be based on the presence or absence of housing affordable to
lower income households; and
WHEREAS, in instances where the City has available water supply and
capacity in its water distribution system, the provision of public water service to
eligible residential housing developments will be on an income neutral basis ; and
WHEREAS, in the event of service limitations due to supply, capacity or
regulatory constraints, water service priority shall be given to proposed
developments that include housing units affordable to lower income households
in accordance with Government Code Section 65589.7 ; and
WHEREAS, the City shall not deny or condition approval of an application
for services to, or reduce the amount of services applied for by a proposed
development that includes housing units available to lower income households,
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unless the City makes specific written findings that the denial, condition or
reduction is necessary due to the existence of one or more of the following:
1. The City does not have sufficient water supply available, as demonstrated
by written engineering analysis and a report on the condition of the water
supply, to serve the needs of the proposed development.
2. The City does not have sufficient water system distribution capacity
available, as demonstrated by written engineering analysis and a report
on the condition of the water system distribution capacity, to serve the
needs of the proposed development.
3. A State Department of Health Services, or other State Department, order
prohibits new water connections.
4. The applicant has failed to agree to reasonable terms and conditions
relating to the provision of water service generally applicable to
development projects seeking water service from the City, including b ut
not limited to, the requirements of local, state, or federal laws and
regulations or payment of applicable fees; and
WHEREAS, the policy and procedures regarding the prioritization for
provision of water services to proposed developments that include housing units
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affordable to lower income households shall be reviewed at least once every five
years and consider: 1) regulations and restrictions adopted by the City relating to
water shortage contingencies and 2) water supply availability as determined by
the City pursuant to its Urban Water Management Plan, and 3) plans,
documents, and information relied upon by the City that provid e a reasonable
basis for making service determinations; and
WHEREAS, the City’s Water Resources Division is responsible for all
facilities that support the collection and conveyance of wastewater for safe
collection and treatment; and
WHEREAS, the City’s wastewater is collected and ultimately treated at
the City of Los Angeles’ Hyperion Treatment Plant; and
WHEREAS, the City and its wastewater infrastructure are largely built-out,
therefore, the wastewater collection infrastructure is already in place and
generally fixed in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater
service when: 1) sufficient collection capacity is available to accommodate the
demand approved by the City’s Water Resources Division within the service area
and 2) the proposed development can be provided with wastewater collection
services in a fashion that meets the City’s criteria; and
WHEREAS, approval of applications for connection to the City’s
wastewater system shall not be based on the presence or absence of housing
affordable to lower income households; and
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WHEREAS, in times where the City has available wastewater collection
capacity in its sewer system and the Hyperion Treatment Plant has sufficient
wastewater treatment capacity, the provision of public wastewater service to
eligible residential housing developments will be on an income neutral basis ; and
WHEREAS, in the event of service limitations due to collection capacity,
treatment capacity or regulatory constraints, wastewater service priority shall be
given to planned developments that including housing units affordable to lower
income households in accordance with Government Code Section 65589.7, and
the limitations set therein; and
WHEREAS, 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 affordable housing units affordable to lower
income households, unless the City makes specific written findings that the
denial, condition or reduction is necessary due to the existence of one or more of
the following:
1. The City of Los Angeles’ Hyperion Treatment Plant does not have
sufficient wastewater treatment capacity available, as demonstrated by
written engineering analysis and a report on the condition of the treatment
facility, to serve the needs of the proposed development.
2. The City does not have sufficient wastewater collection capacity available,
as demonstrated by written engineering analysis and a report on the
condition of the wastewater collection system capacity, to serve the needs
of the proposed development.
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3. A Regional Water Quality Control Board order prohibiting new wastewater
connections in the region.
4. The applicant has failed to agree to reasonable terms and conditions
relating to the provision of wastewater service generally applicable to
development projects seeking water service from the City, including but
not limited to, the requirements of local, state, or federal laws and
regulations or payment of applicable fees; and
WHEREAS, the policy and procedures regarding the prioritization for
provision of wastewater services to proposed developments that include housing
affordable to lower income households shall be reviewed at least once every five
years and consider: 1) regulations and restrictions adopted by the City relating to
water shortage contingencies, 2) water supply availability as determined by the
City pursuant to its Urban Water Management Plan, 3) planning or engineering
documents on available treatment capacity at the Hyperion Treatment Plant, and
4) plans, documents, and information relied upon by the City that provide a
reasonable basis for making service determinations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are true and correct findings of the
Santa Monica City Council.
SECTION 2. The City shall continue to devote its best efforts to plan for
and prioritize water and sewer services to proposed developments that include
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housing affordable to lower income households, as set forth in the recitals,
above.
SECTION 3. Development projects that include housing affordable to
lower income households shall not be denied approval of an application for
service, nor shall conditions be imposed thereon or services reduced which are
applied for, unless the City makes specific written findings, as set forth in the
recitals, above.
SECTION 4. The City shall not discriminate in any manner when
processing and considering requests for services by developments that include
housing affordable to lower income households.
SECTION 5. The City Clerk shall certify to the adoption of this Resolution,
and thenceforth the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
JOSEPH LAWRENCE
INTERIM CITY ATTORNEY
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Adopted and approved this 12th day of October 2021.
__________________________
Sue Himmelrich, Mayor
I, Denise Anderson-Warren, City Clerk of the City of Santa Monica, do hereby
certify that Resolution No. 11367 (CCS) was duly adopted at a meeting of the Santa
Monica City Council held on the 12th day of October 2021, by the following vote:
AYES: Councilmembers Brock, Davis, De la Torre, Parra,
Mayor Pro Tem McCowan, Mayor Himmelrich
NOES: None
ABSENT: Councilmember Negrete
ATTEST:
_____________________________________
Denise Anderson-Warren, City Clerk
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