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HomeMy WebLinkAboutOCSD 11-02 (POLICY) RESOLUTION NO. OCSD 11-02 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. Pagel of 2 (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 23`d day of February, 2011. ORANGE COUNTY SANITATION DISTRICT ,Z�, k"!L., 'a Chair ATTEST: lerk of the Boar Page 2 of 2