EXHIBIT 4

IMPACT OF ORDINANCE NO. 96

August 21, 2000

TOPIC CURRENT REQUIREMENTS CHANGES WITH ORD. 96
1. Who must apply for water distribution system (WDS) permit? Rule 21-A

Two or more connections on two or more separately owned parcels, or non-contiguous parcels under common ownership.

No permit needed for single connection on a parcel; two or more connections on one parcel or if two or more contiguous parcels are under common ownership.

All well owners must register wells ($25 fee) and report use annually.

Only Mobile WDS serving four or more parcels and connections need a permit.

Expands definition of WDS to include all connections on one or more parcels, including single-family parcels and all mobile WDS allowed by County Health Department. Includes all distribution systems that derive water from all types of sources, including desalination, importation, reclamation etc.

For mobile systems, exemption of bottled water deliveries, on-site cisterns for residential landscape irrigation. 

Prohibits permanent potable mobile systems consistent with County policy.

Well registration and reporting is still required.

2. Application Form  Applicant information; project location, APN, map; source of water supply; well description including well logs and pumping test results; land use approval by jurisdiction; copy of completed Health Department application form.  Application required for all entities noted in Item #1 above.
3. Application Fees Fees range from $125 to $1,500 plus staff time ($30/hr) for over 20 hours work (see Rule 60). 

See separate worksheet.

See separate worksheet.

Staff recommends changes to fee schedule to reflect true costs.

4. Supplemental Questionnaire Detailed information about CEQA process and documents; adverse impacts and mitigation measures; copies of technical studies; alternative supply sources and reasons they were rejected; duplication of service; exportation/importation; create or increase groundwater overdraft or degrade water quality; impacts to existing water distribution system; annexation information. Same information required for all applicants with specific requirement to provide basis of water right; requires proof of water right in Monterey Peninsula Water Resources System (MPWRS) or for any application in which a controversy about water rights arises.
5. Legal/Regulatory Applicants asked to provide relevant permits and legal agreements, including water rights, purchase agreements etc. with application. Amended permit requires water rights documentation (see #7 below).  Basis of water right claim must be stated, and proof of water right is required for WDS in the MPWRS (see #4 above). If controversy arises, proof of rights may be required for a project in any area.
6. Extend or Expand WDS ("water permit" to allow modifications to connections within existing WDS limits) Rule 21-B

Completed water release form signed by jurisdiction or other application as acceptable by the General Manager.

Complete set of construction drawings and proof of any discretionary approvals, as necessary.

Same, except for subpotable systems, requires itemized estimate of exterior water use in the form of a landscape budget or other estimate of water demand approved by the General Manager.

Note corrections to ordinance in staff note to be consisting water permit regualtions.

7. Amend WDS (enlarge or change WDS system and/or its production or capacity limits) Rule 22-E 

Application form and supplemental questionnaire. Describe proposed changes in water use, number of connections and how calculated; describe new production and changes in water sources; show land use approvals; document existing water rights and planned changes; demonstrate CEQA compliance; attach Health Dept. application; identify unique issues or considerations, or special conditions.

Same, except location of uses also needs to be described; this is especially pertinent for mobile water distribution systems.
8. CEQA Review CEQA documents and approvals from lead agency. If none, MPWMD becomes lead and prepares Initial Study, carries out CEQA process, posts notices, etc. Same. MPWMD will likely be lead agency for nearly all single-family parcels; most should qualify for CEQA exemption, but notices must be filed by MPWMD. 
9. Land Use Approval Show proof of land use approval (use permit, subdivision map or other) from jurisdiction in which system is located Same. Note that Catch 22 situation arises when land use approval depends on proof of adequate water supply. Approval by other agencies can be condition of MPWMD permit approval to resolve this dilemma.
10. Well Capacity Testing For wells in consolidated bedrock formations, a 72-hour pumping test is required; an 8-hour test is acceptable for an alluvial source. Test results must be documented by qualified individuals. Staff provides Monterey County Health Dept. handout on 72-hour testing procedures, plus handout on MPWMD well construction specifications for required sounding tube. Same requirements for all applicants.

Single-family parcels in consolidated bedrock areas will be required to perform 72-hour test. 

Note that Health Dept. currently recommends 72-hour test for consolidated bedrock, but does not require it for single family parcels.

11. Water Quality Testing MPWMD requires copy of Health Department application materials; defers determination of adequacy to Health Department; requires Health Department sign-off as condition of approval.  If 2+ potable connections, Title 22 testing.

If 1 potable connection, major inorganics. 

No testing required for subpotable use.

12. Completeness letter Within 30 days, applicant receives letter advising if complete or if additional information needed; repeat as needed. Same
13. Public Hearing Process Applicant supplies list and stamped, addressed envelopes for all properties; posts notices; submits certification of posting.

Public hearing before the Board for all WDS permits, regardless of size or water source.

Board acts at public hearings for all potable and mobile WDS. 

General Manager serves as hearing officer for non-potable systems. Exempts non-potable systems outside of MPWRS with 1 or 2 connections from hearing process; staff processes applications directly.

Note staff recommendation for General Manager to serve as hearing officer for potable systems outside MPWRS. 

14. MPWMD Staff Tasks

(see attached process milestone list)

Pre-application consultations.

Review application and technical documentation; write completeness letter within 30 days; review additional materials and discuss with applicant.

CEQA review and notices as lead or responsible agency. 

Mail notices to property owners and put notice in Herald. Ensure posting has occurred.

Write staff notes, draft findings and conditions of approval.

If approved, file notices with Monterey County;

Forward indemnity agreement and final conditions and findings for written concurrence by applicant;

Final confirmation letter.

Follow-up annual well reporting, conservation inspections etc.
 

Simple, small applications require minimum of 20 staff hours (3-5 staff) plus Board action at public hearing. Time period spans 2-3 months.

Complex, large applications may take hundreds of staff hours and span many months.

Currently, 3-4 applications for water distribution systems processed each year. No applications for mobile systems have been processed to date.

Same general process with more emphasison water rights.

Need to revise all application forms and create information packages to guide applicants.

Need to develop staff implementation guide due to greater complexity of ordinance.
 

Application volume would likely increase at least 10-fold from 3-4 applications per year to over 50 applications per year, based on recent trends (see attachment).

Existing staff cannot handle this load and carry out existing duties. Half-time position would be needed (assume 20+ staff hours per application, 50+ applications per year, at least 1,000 hours of additional staff time ). 
 

Significantly greater volume of public hearings, either before the Board or the General Manager, depending on application.

U:\henri\wp\staffnote\2000\ord96impacts.515
revised August 2000


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