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RESOLUTION NO. OCSD06-18
RESOLUTION OF THE BOARD OF DIRECTORS OF THE ORANGE COUNTY
SANITATION DISTRICT ADOPTING POLICIES AND PROCEDURES FOR
PROVIDING PRIORITY SERVICE TO AFFORDABLE HOUSING PROJECTS
(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 enhances the priority
granted to lower-income housing by requiring that public agencies that provide
water or sewer services shall adopt written policies and procedures with specific
objective standards for providing priority service to lower income housing
projects.
NOW, THEREFORE, BE IT RESOLVED, that the following guidelines are
hereby adopted by the Board of Directors of the Orange County Sanitation
District ("District") with respect to providing priority service to lower income
housing projects:
(1) The District shall devote its best efforts to plan for and, to a
reasonable degree (as determined on a case by case basis), prioritize providing
water and sewer connections to the lower income housing element of a general
plan adopted by the legislative body of a county or city that pertains to
development within the District's boundaries;
(2) Development projects that include lower income housing units 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 District
makes specific written findings that the denial, condition, or reduction is
necessary due to the existence of one or more of the following:
(a) insufficient water supply or insufficient water treatment or
distribution capacity;
(b) a State Department of Health Services order prohibiting new
water connections;
(c) insufficient sewer treatment or collection capacity;
(d) a Regional Water Quality Control Board order prohibiting new
sewer connections; or
(e) the applicant has failed to agree to reasonable terms and
conditions.
(3) Areas with Available Capacity-In times where Orange County
Sanitation District has available capacity in its wastewater collection, treatment
and disposal facilities, the provision of public sewer service residential housing
developments will be on an income-neutral basis.
REPEALED BY
OCSD 11-02
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(4) Areas with Limitations in Capacity-In times where when the
Orange County Sanitation District experiences service limitations due to capacity
or regulatory constraints, service priority shall be given to planned developments
that include housing units affordable to low income households in accordance
with Government Code§ 65589.7, and the limitations set therein.
(5) Procedure -Whenever lower income housing units are identified in
a city's housing element or amendment thereto from any city within the service
area of the Orange County Sanitation District, and the local sewer agency, or the
developer where the Orange County Sanitation District is the local sewer agency,
applies for a connection permit, the Orange County Sanitation District will give
highest priority to the provision of services to that development and particularly to
the affordable housing units contained therein. The applicant may appeal within
ten (30) days following a denial of services to the Orange County Sanitation
District Board of Directors, for consideration at the next regular board meeting
following the denial of the issuance of the permit.
(6) At least once every five (5) years, the Orange County Sanitation
District shall update and approve the provisions in this Resolution, by Resolution
or Ordinance.
ADOPTED, SIGNED AND APPROVED this 23rd day of August, 2006 .
ATIEST:
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H:\dept\gmo\Board Services\BS\Resolutions\2006\06-18.Priority Services re Affordable Housing Projects.doc