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Reso 1994-540RESOLUTION N0. y•s No A RESOLUTION OF THE BOARD OF DIREC`T'ORS OF THE COSTA MESA SANI- TARY DISTRICT ESTABLISHING TRASH COLLEC'T'ION LIMITATIONS RELATED TO SINGLE FAMILY RESIDENCES REGARDLESS OF ZONE OR LAND USE DESIGNATIONS AND STATING REASONS THEREFOR. THE BOARD OF DIREC'T'ORS OF THE COSTA MESA SANITARY DISTRICT DOES HEREBY RESOLVE AS FOLLOWS: THAT WHEREAS, some single family residences have been legally constructed upon parcels of real property not zoned for single family residences; and WHEREAS, said existence of single family residences may be due to zone changes after construction, amendments to the City general plan, the granting of variances or conditional use permits, zone exceptions, or for other reasons; and WHEREAS, the District does not provide for trash collection in other than single family residences irrespective of zone; and WHEREAS, it is necessary to establish and clarify the obligations of the District and its contract trash hauler with respect to trash pickup; THAT regardless of zone, variance, conditional use permit, amendment to City's general plan, zone exception, or other land use designation, the following trash pickup obligations will prevail: 1. If a commerical, industrial or institutional activity is allowed in a residential area by a zone exception, use variance or some other exception, the property will continue to receive once a week services from the District's contractor and be assessed as residential; 2. If a residential area is rezoned to commercial, industrial or insti- tutional but continues to function residentially, the District's contractor will continue to provide once a week service and the resi- dential unit shall be assessed as residential; 3. If a commerical, industrial or institutional area is rezoned to resi- dential but continues to function as commercial, industrial or insti- tutional, no service will be provided and no assessment will be made for trash collection. 4. No trash service will be provided to areas which are both functionally commercial, industrial or institutional and commercially, industrially or institutionally zoned. THAT the District will provide trash collection service weekly to single family residences and will not provide service for areas used commercially, indus- trially or institutionally regardless of zone or other land use designation; THAT the District Manager /Engineer and the Attorney for the District are empowered to examine individual situations as they may arise and determine the District's obligation as well as that of District's contract trash hauler with respect to weekly trash pickup. -1- ATTEST: PASSED AND ADOPTED this 10 `(I. day of M p (s. Q. ,W , 1994. ,Secretary- J, P sident the Board of Directors to Mesa Sanitary District -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, Florine T. Reichle, Clerk of the Costa Mesa Sanitary District, hereby certify that the above and foregoing Resolution No.9W -5440 , was duly and regularly passed and adopted by said Board of Directors _at. a regular meeting thereof, held on the I o ti, day of rn A R d , 19 9 u . IN WITNESS WHEREOF, I have her unto set my hand and affixed the Seal of the Costa Mesa Sanitary District, this f day of 19 % y. Clerk of the Dist ict Costa Mesa Sanitary District