(A) In the event the District experiences service limitations due to collection system or treatment plant capacity constraints or regulatory restrictions, the District shall, to the extent reasonably feasible, grant priority to proposed developments that include housing units affordable to lower income households, as defined in Cal. Gov’t Code, § 65589.7(d).
(B) The District shall devote its best efforts to plan and provide for sewer connections for proposed developments that include housing units affordable to lower income households, taking into account:
(1) The housing element of the general plan adopted by the City of Carmel-by-the-Sea or the county (i.e., within the District’s boundaries); and
(2) Other plans, documents and information that provide a reasonable basis for making service determinations.
(C) Applications for proposed developments that include housing units affordable to lower income households shall not be denied, nor shall conditions be imposed thereon or services which are applied for be reduced, 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:
(1) Insufficient sewer treatment or collection capacity exists, as demonstrated by a written engineering analysis and report on the condition of the treatment or collection works, to serve the needs of the proposed development;
(2) A Regional Water Quality Control Board order prohibits new sewer connections; or
(3) The applicant has failed to agree to reasonable terms and conditions relating to the provision of service.
(D) The District shall not discriminate in any manner when processing and considering requests for sewer service for developments that include housing units affordable to lower income households.
(E) On or before July 1, 2011, and at least every five years thereafter, the District shall reconsider the specific objective standards set out herein, and, if necessary, adopt amended written policies and procedures, with specific objective standards for the provision of sewer service on a priority basis with respect to developments that include housing units affordable to lower income households.
(Res. 2006-14, passed 7-27-2006)