Getz v. Pebble Beach Community Services District

Opinion

ELIA, J.

Does a community services district authorized to collect, treat and dispose of sewage under Government Code section 61600, subdivision (b) have the power to allocate permits for sewer connections so as to exclude hookups for senior citizen housing units in the Del Monte Forest, even though Government Code section 65852.1 and Monterey County Ordinance No. 20.92.070 encourage their creation? We conclude it does, and affirm the trial court’s order denying a petition for writ of mandate.

Factual and Procedural Background

Appellants Wallace and Peggy Getz own a home in Pebble Beach, in the Del Monte Forest area of Monterey County. A sewer connection to the house is provided by respondent, Pebble Beach Community Services District (PBCSD). In 1988, appellants had an architect design an addition to their residence which qualified as a senior citizen housing unit, as defined in Government Code section 65852.1 and Monterey County Ordinance No. 20.92.070.

When appellants applied to the Monterey County Zoning Administrator for a use permit, a hearing was held on the application. Included in the

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administrator’s written findings, was that “adequate sewage disposal and water supply facilities exists [szc] or are readily available to the site.” As “[ejvidence” for this finding, however, the administrator stated: “The property is provided sewer and water service by California American Water Company and the Pebble Beach Community Services District, respectfully [jzc]. Prior to the issuance of Building Permits for the project, evidence will be required to assure that these agencies will provide the necessary services.” The administrator’s decision granted the use permit subject to the condition, inter alia, that appellants provide evidence that sewer service would be provided to the senior citizen housing unit.

When appellants requested respondent issue them a sewer connection permit, respondent refused, citing resolution No. 13-86, which it enacted on May 29, 1986. This resolution provides “[PBCSD] will not issue sewer connection permits for senior citizen units because they are not included in the DMF [UP/LCP] [Del Monte Forest Land Use Plan/Local Coastal Plan.]” Appellants also brought their request to respondent’s board of directors, which declared its intention to adhere to the policy expressed in resolution No. 13-86.