7. CONSIDER APPROVAL OF DEED RESTRICTION TEMPLATES
Meeting Date: May 19, 2003 Budgeted: No
Staff Contact: Stephanie Pintar Cost Estimate: N/A
General Counsel Approval: Counsel has reviewed the deed restriction templates and provided comments on Forms 2.4 and 2.5. Counsel was unable to provide comments on Form 1.5.2 prior to Board packet production.
Committee Recommendation: Rules & Regulations Committee reviewed the draft deed restrictions and provided comments that are incorporated in the proposed templates.
CEQA Compliance: N/A
SUMMARY: In keeping with direction of the Board in December 2001, all new deed restriction templates must be reviewed by the Rules and Regulations Committee and finally approved by the Board prior to use. The Board is being asked to approve the use of three new templates.
Form 1.5.2 (Exhibit 7-A) is a deed restriction for commercial properties that propose to disconnect the irrigation supply from California-American Water Company to connect to a private well. This deed restriction will be used for Monterey Peninsula College’s current Water Use Credit application for removing the ball fields from Cal-Am water.
Form 2.4 (Exhibit 7-B) is a deed restriction for affordable housing. District Rule 24.5 allows a fifty percent (50%) connection charge reduction for housing that complies with the California Department of Housing and Community Development (HCD) and the Monterey County Housing Authority standards for affordable housing. Rule 24.5 requires a deed restriction for fee reductions.
Form 2.5 (Exhibit 7-C) is a deed restriction for low-income housing. District Rule 24.5 allows a connection charge exemption for housing that complies with the California Department of Housing and Community Development (HCD) and the Monterey County Housing Authority standards for low-income or very low-income housing. Again, Rule 24.5 requires a deed restriction for fee reductions.
Deed restrictions are routinely used by the District for enforcement of rules and conditions and to notify current and future property owners of specific conditions, violations or restrictions on a property.
RECOMMENDATION: By adopting this item with the Consent Calendar, the Board will authorize the use of the attached deed restriction templates. The templates have been reviewed by the Rules and Regulations Committee and by District Counsel.
S. Pintar, 5/14/2003 4:03 PM