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HomeMy Public PortalAboutPolicy Resolution-07POLICY RESOLUTION NO. 7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAPA AMENDING CITY COUNCIL POLICY RESOLUTION 7 ESTABLISHING POLICY IN THE MATTER OF WATER SERVICE TO LAND NOT WITHIN THE CITY LIMITS AND AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPROVE WATER SERVICE APPLICATIONS MEETING THE CONDITIONS SPECIFIED WHEREAS, the City Council acknowledges that the policy is categorically exempt from CEQA pursuant to Section 15268(b) of the Guidelines, which exempts the approval of individual utility service connections and disconnections; and WHEREAS, on March 2, 1999 the City's voters approved Measure "A," which added a new Section to the City Charter; and WHEREAS, Charter Section 180, among other provisions, imposed restrictions on the circumstances under which City water could be provided to properties located outside the incorporated area of the City; and WHEREAS, Charter Section 180 allowed the City Council to authorize provision of City water not otherwise expressly authorized by Measure A, by 4/5ths vote; and WHEREAS, the Council finds that provision of water to outside users pursuant to Council Policy Resolution 7 is consistent with the purposes of Section 180, and that the Council's intention in placing Measure A on the ballot was to strengthen, not to abandon, Policy Resolution 7; and WHEREAS, the Council by 4/5ths vote intends to implement Section 180 in part by granting the Public Works Director blanket authorization to continue to apply Policy Resolution 7. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa, State of California that City Council Policy Resolution 7 is hereby amended to read as follows: 1. That policy in the matter of water service to land which is not within the City limits of the City of Napa be and the same is hereby established, and consistent with Napa City Charter Section 180 the Public Works Director shall be and hereby is authorized to approve such water services, as follows: A. Residential Property Within The Rural Urban Limit (`RUL") Line But Not Within The Incorporated Area Of The City: For residential property within the Rural Urban Limit Line but not within the City limits, the property shall be required to annex prior to receiving water service, with the understanding that the City makes no commitment, direct or implied, that it will permit development of any kind due to annexation, except for previous commitments and, further excepting as follows: If City Administrative Staff determines that the annexation is legally not feasible or annexation is waived by City Council action, service will be approved, subject to execution of an agreement to annex. B. Residential Property Between The Rural Urban Limit Line And The Agricultural Preserve Line ("APL") And South Of That Line: For residential property located between the RUL line and the Agricultural Preserve Line ("APL"), and south of the APL, which such APL shall be as depicted on the map attached hereto as Exhibit A, water service will be approved for residential structures in existence as of December 31, 1982 and for proposed residential structures (limited to one residence per parcel except as provided below) on parcels in existence as of December 31, 1982; provided, however, that service shall be provided only for qualified polresl7 Page 1 of 2 parcels that are contiguous to an existing public right-of-way within which there is an existing water main, and further provided that the owner of each qualified parcel executes an agreement to annex, previous commitments excepted. "Water Service will also be approved to a Second Unit on parcels complying with this section on a parcel in existence as of December 31, 1982, if said Second Unit also complies with the County of Napa ordinance relating to Government Code Section 65852.2." C. Residential Property Within The Agricultural Preserve Line North Of The South Line Of The Agricultural Preserve Line: For residential property located within the APL, north of the south line of the APL, water service will be approved for residential structures in existence as of December 31, 1982, and proposed residential structures (limited to one residence per parcel except as provided below) on parcels in existence as of December 31, 1982; provided, however, that service shall be provided only for qualified parcels that are contiguous to an existing water main, previous commitments excepted. "Water Service will also be approved to a Second Unit on parcels complying with this section on a parcel in existence as of December 31, 1982 if said Second Unit also complies with the County of Napa ordinance relating to Government Code Section 65852.2." 2. This resolution continues in effect the water policy of the City of Napa of extending the service of water outside City boundaries to residential property only, subject to the provisions of Napa City Charter Section 180. I HEREBY CERTIFY that the foregoing Resolution was duly and regularly re -adopted by the City Council of the City of Napa at a regular meeting of said City Council on the 6`h day of July, 1999, by the following roll call vote: AYES: Sercu, Techel, Busenbark and Henderson NOES: Martin ABSENT: None ATTEST: CITY CLERK OF THE CITY OF NAPA Reference: Policy Resolution No. 100 Policy Resolution No. 129 Policy Resolution No. 7 - 7/07/1987 Policy Resolution No. 7 - 7/21/1987 Policy Resolution No. 7 - 7/06/1989 Policy Resolution No. 7 - 4/21/1992 polres\7 Page 2 of 2 Fir.URE I : AGRIC4TURAL PRESERVES LEGEND AP Boundaries Type A Contracts Type F Contracts Type H Contracts i V 41 SOLANO COUNTY SOURCE: Napa County Conservation, Development and Planning Department $1 Q0 t-- S C A L E -(2) 0 smiles MAR. 1992