Ord 2006-56ORDINANCE NO. 56
AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE COSTA MESA
SANITARY DISTRICT ADOPTING POLICIES AND PROCEDURES FOR THE
PROVISION OF SEWER SERVICE TO DEVELOPMENTS WITH
AFFORDABLE HOUSING COMPONENTS
WHEREAS, Government Code Section 65589.7 (Chap 727 -Stats 2005)
has mandated that all public agencies providing sewer service adopt policies and
procedures for ensuring that developments with affordable housing elements are
provided with sewer service unless certain findings are made; and
WHEREAS, the Costa Mesa Sanitary District only provides sewer
collection capacity and its sewer collection capacity is measured by the size of
the sewer line serving an area;
NOW, THEREFORE, the Board of Directors of the Costa Mesa Sanitary
District does hereby ORDAIN:
Section 1. That Section 7.05.105 is hereby added to the Costa Mesa Sanitary
District Operations Code to read:
7.05.105 Affordable Housing Priority.
(a) In accordance with Government Code Section 65589.7 or any
successor statute, the District shall ensure that developments that contain an
affordable housing component shall be provided with a sewer connection if the
applicant complies with all District laws and regulations unless the Board makes
findings that there is insufficient collection capacity, that the District is under an
order that no further connections be allowed, or unless the applicant fails to
comply with District laws or to enter into an agreement with District to comply
with such laws. District shall review the relevant housing elements at least every
five years to determine that sufficient collection capacity exists.
(b) State law shall be referred to for all definitions and to more fully
describe District's obligations under said law."
Section 2. Should any part, clause or section of this Ordinance be declared by any
Court of competent jurisdiction to be invalid, the remaining provisions of this
Ordinance shall nevertheless be and remain in full force and effect and the Board of
Directors of the Costa Mesa Sanitary District of Orange County, California, hereby
declares that each and every section, clause, provision or part of this Ordinance
would have been adopted and made a part of this Ordinance without the adoption
of any portion thereof and that the invalidity of any part or provision hereof shall not
in any way affect the validity or enforcement of the remaining provisions of this
Ordinance that may stand on their own.
Section 3. Pursuant to Health and Safety Code Sections 6490 and 6491.3, the
Clerk shall cause this ordinance or a summary thereof to be published in a
newspaper of general circulation printed and published in the District according to
law and it shall take effect upon the expiration of one week after publication.
PASSED and ADOPTED this / day of 2006.
Secrbtary
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President
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify
that the above and foregoing Ordinance No. 56, was duly and regularly passed
and adopted by said Board of Directors at a regular meeting thereof, held on the
day of j►w 2006 by the following vote:
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AYES: James Ferryman, Greg Woodside, Art Perry, Arlene Schafer,
Dan Worthington
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
sea Costa Mesa Sanitary District, this day of
2006.
Q��.
Clerk of thp' Ptosta Mesa Saritary District
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