Loading...
HomeMy WebLinkAboutResolution 91-016 N.C.S. 01/22/1991y, ,.; Resolution No. 91-16 N.C.S. of the City of Petaluma, California 1 A RESOLUTION ESTABLISHING POLICIES FOR EXTENSION 2 OF WATER SERVICE FOR USE OUTSIDE OF THE CORPORATE 3 LIMITS OF THE CITY OF PETALUMA AND REPEALING 4 RESOLUTION NO. 89-67 N.C.S. 5 6 7 T+~HBRBAS, the City of Petaluma is willing, under certain 8 circumstances, to provide water service to lands currently 9 outside of the corporate limits of the City but within its 10 Sphere of Influence. In addition, other limited service may 11 be provided at the discretion of the City Council where 12 contamination or exhaustion of groundwater supplies 13 immediately threatens health. and welfare in areas outside of 14 the City's Sphere of Influence. 15 16 f~HBRBAS, by offering such opportunities it remains the 17 City's policy to: 1) oppose urban development in 18 unincorporated areas, 2) limit premature parcelization and 19 development of agricultural lands, 3) offer water service as 20 a means of meeting immediate human health needs rather than 21 providing a convenience for future. parcelization of 22 development outside of the corporate limits; and, 23 24 t~HBRBAS, certain areas have been identified as urban service 25 areas on the City's adopted Sphere of Influence, wherein the 26 provision of water service for less than urban densities is 27 currently provided or will likely be provided, which are not 28 planned as potential annexation areas. 29 30 N06a1, THBRBFORB BB IT RBSOLVBD THAT: 31 32 I. Applications for outside water service shall be 33 considered and may be approved only when the following 34 circumstances exist: 35 A. FOR AREAS WITHIN THE ADOPTED SPHERE OF INFLUENCE 36 1. The water is to be used: a) for 37 dwellings in existence on December 38 5, 1983 (the date of adoption of the 91-16 Res. No . ................_............ N.C.S. 1 2 2 first comprehensive water .policy b) 3 for one principal dweTl.ing and up to 4 one accessory "granny" units approved 5 for construction on parcels created 6 prior to December 5, 19'83 (the date of 7 adoption of the first comprehensive 8 water po icy) or c) for lots. created 9 for 'residential development which meets 10 aTl City Development review standards 11 and do not exceed a density of one (1) 12 dwelling unit per two (2) acres or d) 13 for non-residential uses only upon the 14 approval of the City Council. 15 16 17 2. The water main from which service is to 18 be derived is in place across the full 19 frontage of the parcel(s) requesting 2'0 service or is, if deemed necessary by 21 the"City Engineer, extended across the 22 full frontage of said parcel(s), 23 constructed to standards acceptable to 24 the City. of Petaluma and dedicated to the 25 City for public use. 26 27 28 B. FOR AREAS OUTSIDE QF,THE ADOPTED SPHERE OF 29 INFLUENCE Reso. 91-16 N.C.S. 1 3 2 1. Need is demonstrated by evidence that: 3 a) The existing water supply is 4 contaminated. The water will be deemed 5 contaminated if it contains any 6 constituent in a concentration 7 exceeding current maximum contaminant 8 level (m.c.l.) for~drnking water as 9 established by the Shat°e of California, 10 Department of Health Services 11 (S.C.p.H.S.). The water contaminated 12 shall be clearly documented 13 by a letter from the Sonoma County 14 Department of Health.. The letter and a 15 copy of a recent water analysis report 16 performed by a S.C.D.H.S. approved lab 17 sha1T be submitted.. along with any 18 application claiming, this need. 19 If deemed appropriate, the applicant may 20 also be required to provide evidence that 21 the contamination cannot be reduced below 22 m.c.l. concentrations by the installation 23 of a water treatment system. 24 - 25 b) The existing water supply is exhausted. 2.6 - The :water supp y will be. deemed exhausted 27 ~ i£ the water production capacity of the 28 supply is less than required by the 29 Sonoma County Public Health Department 30 fora single family residential 31 dwelling. The current capacity of the 32 existing water system and the 33 availability of water in the area 34 shall be clearly documented by a 35 letter from the Sonoma County Public 36 Health Department along with a copy Reso. 91-16 N.C.S. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 4 of a recent_capaety.'test signed by a registered civil engineer,_or a licensed drilling or pump contractor. This le ter and test documentation shall be submitted along with any application claiming this need. If deemed appropriate, the applicant may also be required to provide evidence that. a reasonable effort has been made to increase the water supply. 2. 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. 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), 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 and 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. 1 5 2 III. F.or areas outside the Sphere of Influence where 3 a clear residential health hazard exists, requests 4 shall be reviewed on a case-by-case basis by the City 5 Council. 6 7 IV. Every outside water service approval shall be subject 8 to the following conditions and ang other conditions 9 the City Engineer and Director of Community Development 10 and Planning deem necessary to protect and promote the 11 interests of the City of Petaluma Said conditions shall 12. implemented or complied with by the applicant, to the 13 satisfaction of City staff prior to installation of the 14 water meter. 15 16 1. For properties within the Sphere of Influence, 17 annexation impact fees, as established by the 18 City Council, shall be paid prior to the 19 .installation of the water meter and where it is 20 deemed by the City Engineer and the Community 21 Development and Planning Director that 22 immediate annexation is feasible, annexation 23 shall become a condition of approval.. 24 25 2. Any extension of an approved outside water 26 service for use not specifically approved by 27 the City, e.g., a second dwelling, shall be 28 cause for the discontinuance of service. The 29 water is for residential purposes unless otherwise 30 specifically approved by the City Council. 31 32 3. "Outs;ide" rate to be established by City Council 33 resolution, which reflects the current rate for 34 metered, water service as per Petaluma Municipal 35 Code and an additional fee for service outside 36 City limits. Reso. 91-16 N.C.S. 1 6 2 4. An agreement shall be executed between the 3 property owner .and the City, to run with the 4 land., which,c:omm.ts present and. future property 5 owners to the construction of, or payment for 6 frontage improvements (i.e., one-half street, 7 curb, gutter, sidewalk, water lines for domestic 8 use and fire protection., sewer and storm drainage 9 facili ies to City Standards),. at the option of 10 the City at such time as the property is 11 subdivided, annexed or abutting properties 12 construct similar improvements.. Dedication of 13 right-of-way for public streets or easements 14 for utilities may be required. 15 16 5. Water service requested for lands lying within 17 the Sphere of Influence proposed for subdivision 18 ~, must~me.et City bevelopment Standards and have 19 direct abutting access to an improved public 20 street designed to meet City Standards. z1 22 6. Maximum size service shall be limited to 3/4 inch 23 service unless otherwise specifically approved by 24 the City Council. 25 26 V. Resolution 9975 N.C.S. regarding water extension policy 27 to property outside the corporate limit of the City is 28 hereby repealed in its entirety. Reso. 91-16 N.C.S. 1 2 7 3 BE IT FURTHER RESOLVED that until/unless the water mains are 4 upgraded to the City's satisfaction, no further hook-ups 5 shall be permitted in the area westerly of Bantam Way 6 consisting of properties. in the vicinity of Western Avenue, 7 Chileno Valley Road, Spring Hill Road, Cleveland Lane and 8 Chapman Lane; and, 9 10 That Resolution 89-6.7 N.C.S. is hereby repealed. 11 12 13 ssreso2 Under 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 as to Council of the City of Petaluma at a (Regular) ~Ji~~~~ meeting --" form/-, on the .2nd .............. day of ...---------...~anuarY--•---...................-., 19..9:1., by the - ~i J ~} following vote: • ....... ......:............. "------••- ~ City Atftorney AYES: Read, Davis, Sobel, Nelson, Vice~Mayor Cavanagh, Mayor Hilligoss NOES : 0 ABSENT: W olse ity Clerk Council File .................................... CA 10-85 ~ Res. No.....91-1.6........... N.C.S.