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21 <br /> 1 Chair Pelissier: So they have to have a repair field, just like any individual system has to have <br /> 2 a repair field. <br /> 3 <br /> 4 Michael Harvey: Correct, and that's also articulated in the Orange County Health <br /> 5 Department's memorandum that was entered into the record at the August 27th Quarterly Public <br /> 6 Hearing. <br /> 7 <br /> 8 Commissioner Jacobs: I suppose either the Attorney or the Planning Director or Mr. Harvey <br /> 9 could answer this. We specifically do not ask to see a homeowners' association agreement <br /> 10 before we approve a development. Why is that? Is that beyond our purview? Did we decide <br /> 11 that it's too intrusive? The reason I ask is because we're being assured by the developer that <br /> 12 the homeowners' association is going to be diligent in caring for this, but we don't actually get to <br /> 13 see what the agreement is. <br /> 14 <br /> 15 John Roberts: That is a policy I'll defer to the Planning Director on. <br /> 16 <br /> 17 Michael Harvey: I can answer unless the Director wishes to respond directly. Typically, one of <br /> 18 the reasons we don't ask for that documentation is because it's a private agreement. We <br /> 19 impose the conditions that actually stipulate or require the physical development of the project. <br /> 20 Private homeowner's documents establish local development criteria controlling development <br /> 21 consistent with any imposed conditions or county regulations. Typically this has been a staff <br /> 22 review. The condition imposed with most subdivisions is that the County Attorney and Planning <br /> 23 Director review and approve the homeowners' association document and certify that it complies <br /> 24 with all conditions associated with approval of the project. We typically do not ask that it be <br /> 25 created ahead of time because we don't know how it's going to be developed, what conditions <br /> 26 are going to be imposed, what's going to be included, or the information that's going to be <br /> 27 necessary in order to address any concerns expressed at any of the public hearings. <br /> 28 <br /> 29 Commissioner Jacobs: So, if I may make a comment. There's a lot of discussion in the last <br /> 30 session of the legislature about homeowners' associations and what they do and fail to do. <br /> 31 One of the reasons that I asked the developer for more information about how the homeowners <br /> 32 association was going to deal with this remote septic area was because we do not get to see <br /> 33 the homeowners' association agreement. And since the developer did not aim to give us that <br /> 34 information, we're just going to have to hope that a group of people who may not necessarily <br /> 35 ever look at that field, because they don't live anywhere near it, are going to maintain its public <br /> 36 health and safety. <br /> 37 <br /> 38 Michael Harvey: I just want to remind the Board that obviously any agreement associated with <br /> 39 the outside septic areas is going to be reviewed by the County Attorney and the Engineer. <br /> 40 Obviously, Environmental Health has to be involved, not only in permitting, but also in approving <br /> 41 the language of the governance of the outside septic. <br /> 42 <br /> 43 Commissioner Gordon: I would just like the follow up on the off-site septic. So specifically <br /> 44 what you're saying is Environmental Health said that this was alright. <br /> 45 <br /> 46 Michael Harvey: Yes ma'am. They said that the system has to be permitted, but they do not <br /> 47 see any issues that would prevent an off-site system from being developed. <br /> 48 <br />