Getz

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 administrator’s written findings, was that “adequate sewage disposal and water supply…