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HomeMy WebLinkAboutResolutions 89-067 N.C.S. 02/06/1989Resolution No. 89'67 NC.s. of the City of Petaluma, California A RESOLUTION ESTABLISHING POLICIES FOR EXTENSION OF WATER SERVICE FOR USE OUTSIDE OF THE CORPORATE LIMITS OF THE CITY OF PETALUMA AND REPEALING RESOLUTION 9975 N.C.S. WHEREAS, the City of Petaluma is willing, under certain circumstances, to provide water service to lands currently outside of the corporate limits of the City but within its Sphere of Influence. In addition, other limited service may be provided at the discretion of the City Council where contamination or exhaustion of groundwater supplies immediately threatens health and welfare in areas outside of the City's Sphere of Influence. WHEREAS, by offering such opportunities it remains the City's policy to: 1) oppose urban development in unincorporated areas, 2) limit premature parcelization and development of agricultural lands, 3) offer water service as a means of meeting immediate human health needs rather than providing a convenience for future parcelization or development outside of the corporate limits; and, WHEREAS, certain areas have been identified as urban service areas on the City's adopted sphere of influence, wherein the provision of water service for less than urban densities is currently provided or will likely be provided, which are not planned as potential annexation areas. NOW, THEREFORE BE IT RESOLVED THAT: I. Applications for outside water service shall be considered and may be approved only when the following circumstances exist: A. AREAS WITHIN THE ADOPTED SPHERE OF INFLUENCE 1. The water is to be used: 1) for dwellings in existence on December 5, 1983 (the date of adoption of the first comprehensive water policy) 2) , for one principal dwelling and up to one accessory "granny" units approved for 1 key. N~... 8 9.- 6 7 ... h.~s. construction on parcels created prior to December 5, 1983 (the date of ad'opti'on of the first comprehensive water policy) or 3.) for lots created for' residential development which meets all City Development review standards and do not exceed a density of one (1) dwelling unit per two (2) acres or 4) for non-residential uses only upon the approval of the City Council. 2. The water is for residential purposes unless otherwise specifically approved. by the City Council. 3. The water main from which service is to be derived is in place across the full frontage of the parcel(s) requesting service or is, if deemed necessary by the City Engineer, extended across the full frontage of said parcel(s) , constr-ucted to standards acceptable to the City of Petaluma and dedicated to the City for public use. B. AREAS OUTSIDE OF THE ADOPTED SPHERE OF INFLUENCE 1. A clear health fiazard exists . 2. Need ~is demonstrated by evidence of contamination or exhaustion of existing. supply clearly stated in a letter from County Health Department with documentation by an independent laboratory and/or civil engineer whichever is deemed appropriate by City staff. 3. Service may be provided to dwellings or non-residential land uses in existence. on December 5, 1983, (the date of the adoption of the first comprehensive water policy) or for dwellings for which building permits have been issued prior to December 5, 1983 or for non-residential uses but only upon the approval of the City Council. 2 Reno. 89-67 N.C.S. 4. The water main from which service is to be derived is in place across the full frontage of the parcel(s) requesting service or is, if deemed necessary by the City Engineer, extended across the full frontage of said parcel(s) , constructed to standards acceptable to the City of Petaluma and dedicated, to the City for public use . II. Applications. for outside water service within the sphere of influence shall be reviewed ~ ,ari.d conditionally approved or denied by the City Engineer and the Director of Community Development and Planning in accord with the policies and conditions herein set forth. III. For areas outside the sphere of influence where a clear residential health hazard exists, requests shall be reviewed on a case-by-case basis by the City Council. IV. _Every outside water service approval shall, be subject to the following conditions :and any other conditions the City Engineer and Director of Community Development and Planning deem necessary to protect and promote the interests of the City of Petaluma Said conditions shall be implemented or complied with by the applicant, to the satisfaction of City staff prior to installation of the water meter . 1. For properties. within the sphere of influence, annexation impact fees, as established by the City Council, shall be paid prior to the installation of the water meter and where it is deemed by the City Engineer and the Community Development and Planning Director that immediate annexation .is feasible, annexation shall become a condition of approval. 2. .Any extension of an approved outside water service for use not specifically approved by the City, e.g. a second dwelling, shall be .cause for the .discontinuance of service. 3. "Outside" ;rate to. be established by City Council resolution, which reflects the ~ current rate for metered, water service as per 3 Reso. 89-6T N.C.S. - Petaluma Municipal Code and an additional fee for service outside City limits . 4. An agreement shall be executed between the property owner and the City, to run with the land, which commits present and future property owners to the construction of, or payment for frontage improvements (i.e., one-half street, curb, gutter, sidewalk, water lines for domestic use and fire protection, sewer and storm drainage facilities to City Standards) , at the option of the City at such time as the property is subdivided, annexed or abutting properties construct similar improvements . Dedication of right-of-way for public streets or easements for utilities may be required. 5. Water service requested for lands lying within the sphere of influence proposed for subdivision must meet City Development Standards and have direct abutting access to an improved public street designed to meet City Standards. 6. Maximum size service shall be limited to 3/4 inch service unless otherwise specifically approved by the City Council. V. Resolution 9975 N.C.S. regarding water extension policy to property outside the corporate limit of the city is hereby repealed in its entirety . BE IT FURTHER RESOLVED that until/unless the water mains are upgraded to the City's satisfaction, no further hook-ups shall be permitted in the area westerly of Bantam Way consisting of properties in the vicinity of Western Avenue, Chileno Valley Road, Spring Hill Road, Cleveland Lane and Chapman Utt~the power and authority conferred upon this Council by the Charter of said City. ;_....,~. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the '.`Approved Council of the City of Petaluma at a (Regular) 3~~~~~) meeting. f on the ..... _6_th......_... day of ....................k'~~xlaax'.lt............_., 19_.~.~, by the reso . outsidePe~~ ~~~so 11 ity ttorney AYES: Cavanagh, Tenter, Sobel, Woolsey, Balshaw, Vice Mayor Davis Mayor Hilligoss NOES : 0 ABSENT: 0 ~ ~~q.~p~p ,~ v Yl ATTEST: ~ .......:.. ~ ...............................•----......_...._..--•- ----.........._._....__... ................................~---...._...................---•-------~----~--~------•----~-•--•4 City Clerk Mayor Council File .................................... cn to-sa ReS. No..........8..9..-.6.7.. N.es.