EXHIBIT 24-A

DRAFT

ORDINANCE NO. 118

 

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

SETTING TIME CRITERIA FOR WATER CREDIT USE

 

FINDINGS

 

1.     The Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.

 

2.     The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.

 

3.     This ordinance shall revise, amend and republish Rule 25.5 to specify time criteria that shall apply to the use of On-site Water Credits for new single-family homes.  This criteria shall not apply to Jurisdictions or redevelopment agencies

 

4.     This ordinance shall be reviewed and approved under CEQA (California Environmental Quality Act) based upon a Negative Declaration.

 

NOW THEREFORE be it ordained as follows:

 

ORDINANCE

Section One:              Short Title

 

This ordinance shall be known as the MPWMD 2004 On-Site Time Criteria Ordinance.

 

Section Two:              Purpose

 

This ordinance amends the MPWMD Rules & Regulations to clarify time criteria that shall apply to the use of on-Site Water Use Credits for new single-family uses.  Jurisdictions and redevelopment agencies are exempt from this time criteria. 

 

 

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Section Three:           Amendment of Rule 25.5: Water Credits

 

Rule 25.5 shall be revised as shown in bold italics (bold italics) and strikeout (strikethrough):

 

 RULE 25.5 WATER USE CREDITS

 

A.         Except where a permit has been canceled, returned or revoked under these Rules, a Person may receive a Water Use Credit for the permanent abandonment of some or all of the prior water use on that Site by one of the methods set forth in this Rule.  Water Use Credits shall be documented by written correspondence between the District and the property owner, and shall remain valid unless prohibited by this Rule.  Water Use Credits shall not be documented by notice on a property title, except as specified in Rule 25 B.

 

                                   1.          Person may apply to the District for a Water Use Credit in advance of the                 abandonment of capacity for water use, which that Person may cause on that Site.  In such a circumstance, District staff (1) shall verify that the Reduction is one which is permanent, (2) shall quantify the capacity for water use which remains, (3) shall quantify the reduced water use (the abandoned capacity), (4) shall quantify the increment of reduction which exceeds the District's target of 15% conservation based upon the criteria used for the Water Allocation EIR, and (5) shall provide written confirmation of the Water Use Credit based upon the quantity set forth in element (4) above.  Credit shall not be given for any reduction, which occurs by reason of a District mandated program (e.g. retrofit-on-resale).  A Water Use Credit obtained pursuant to this method may be applied to, and shall allow future water use on that Site at any time within a period of 60 months.  After the 60th month, renewal of this Water Use Credit shall be allowed only upon proof by the applicant that some or all water savings represented by that Credit are current.  If all savings are not current, a pro-rata reduction shall occur.  A single renewal period of 60 months shall be allowed; thereafter any remaining unused Water Use Credit shall expire.  Water Use Credits shall not be transferable to any other Site.

 

                                   2.          A Person who has not applied in advance to the District for a Water Use Credit (in advance of the abandonment of the capacity for water use) may still request that a Credit be given based on prior reductions in water use capacity which occurred on that Site within the preceding eighteen (18) months.  In such a circumstance the applicant shall have the burden to quantify and verify both the reduction of water use capacity, and the date such reduction occurred.  District staff shall determine the increment of reduction which exceeds the District's target of 15% conservation as set forth in the Allocation EIR and shall determine the effective date for that reduction in capacity for water use.  Credit shall not be given for any reduction, which occurs by reason of a District mandated program (e.g. retrofit-on-resale); credit shall not be given for any reduction which was completed more than eighteen (18) months prior to the date of the application for the Water Use Credit.  The quantity of water determined by staff to be available for a Water Use Credit under this method, once the Water Use Credit has been granted, may be applied to, and shall allow future water use on that Site within thirty (30) months from the date the reduction first occurred, and upon proof by the applicant that those water savings are still current.  After the 30th month, renewal of this Water Use Credit shall be allowed only upon proof by the applicant that some or all water savings represented by that Credit are current.  If all savings are not current, a pro-rata reduction shall occur.  A single renewal period of thirty (30) months shall be allowed; thereafter any remaining Water Use Credit shall expire.  Residential Water Use Credits shall not be transferable to any other Site.

 

                                   3.          A Water Use Credit shall provide the basis for issuance of a permit for an Intensified Water Use on that Site provided (1) the credit is current (has not expired), and (2) provided the abandoned capacity (saved water) forming the basis for the Water Use Credit is determined not yet to have been used on that Site.  There shall be no connection charge assessed for the capacity for water used pursuant to any Water Use Credit.  Connection charges, however, shall apply to the capacity for water use, which exceeds the Water Use Credit, or for any expansion of use following the expiration of the Water Use Credit.  No refund shall accrue by reason of water use reduction, or abandonment of capacity, whether or not reflected by a Water Use Credit.  Issuance of a Water Use Credit shall not result in any change to a Jurisdiction's Allocation.  Use of any Water Use Credit shall similarly not cause a change to a Jurisdiction's Allocation.

 

B.    When a Water Use Credit on a Site results from demolition of a building that straddled a lot line, the property owner shall specify in writing the quantity of water credit assigned to each of the lots formerly occupied by that building.  This designation shall be recorded upon the title of each of the lots.

 

C.    A Water Use Credit shall enable reuse of saved water on the Site.

 

                                                  1.     Water Use Credits may be moved between one or more structures on the same Site.

 

                                                  2.     The District shall not exact a separate calculation for exterior water usage on a vacant lot or lot containing an uninhabitable structure when the owner of the Site has submitted clear and convincing evidence of landscaping and irrigation that was installed by and has been consistently maintained since March 11, 1985.

 

                                                  3.     Notwithstanding any other provision of Rule 25.5, a Water Use Credit shall not support creation of a new single-family User unless or until an applicant has continuously owned the Site for a period of at least twenty-four (24) months before the date of application.  This limitation, however, shall not apply to any Site (a) that is owned, in whole or in part, by any Jurisdiction or by any Redevelopment Agency, or (b) that is subject to an Exclusive Negotiation Agreement (ENA) for purposes of redevelopment, or (c) upon which Affordable Housing or Low Income Housing is constructed. 

 

Section Four:             Publication and Application

 

The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District. 

 

Section Five:              Effective Date and Sunset

 

This ordinance shall take effect at 12:01 a.m. on  ________, 2004. 

 

This Ordinance shall not have a sunset date. 

 

Section Six:                Severability

 

If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations.  It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

 

On motion by Director ____________, and second by Director ___________, the foregoing ordinance is adopted upon this ___ day of ___ 2004, by the following vote:

 

AYES:  Directors

 

NAYS:  Directors

 

ABSENT: 

 

I, ______________, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the ____ day of _____ 2004.

 

Witness my hand and seal of the Board of Directors this ________ day of ____________ 2004.

 

                                                                                                                                                           

                                                                                                           Secretary to the Board

 

 

 

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