EXHIBIT 14-D
DRAFT
FINDINGS OF DENIAL
CONSIDER APPEAL BY LAS VILLAS
December 13, 2004
It is hereby found and determined as follows:
1. FINDING: Las Villas Nogales Home Owner’s Association (VLNHOA) is appealing a staff determination that Water Use Credits originating from Parcels 9, 10, 11, and 12 (APNs 189-542-009, 010, 011, and 012) are not available for use on Parcel 3 (APN 189-542-003).
EVIDENCE: Application for Appeal attached as Exhibit 14-A.
1. FINDING: A Water Use Credit allows reuse of water savings on the same Site.
EVIDENCE: District Rule 25.5 (Exhibit 14-C).
2. FINDING: Staff
made the determination that Water Use Credits from Parcels 9, 10, 11, and 12
could not be used on Parcel 3 based on the District’s definition of the term
Site (Exhibit 14-B).
EVIDENCE: District Rule 11 which states:
SITE - shall mean any unit of land which qualifies as a parcel or lot under the Subdivision Map Act, and shall include all units of land: (1) which are contiguous to any other parcel (or are separated only by a road or easement), and (2) for which there is unity of ownership, and (3) which have an identical present use. The term "Site" shall be given the same meaning as the term "Parcel".
3. FINDING: Staff has consistently implemented the definition of Site using the interpretation of “unity of ownership” as being “identical” ownership.
EVIDENCE: Previous decisions regarding the definition of Site on file at the District office.
4. FINDING: There is not unity of ownership among the five parcels.
EVIDENCE: The parcels have the following owners according to records on file at the District’s office:
APN 189-542-009 Eric Marsh
APN 189-542-010 David L Wescott and Agneta Lenberg
APN 189-542-011 Laura Lynn Zehm and Paula M. Black
APN 189-542-012 Alfred Wardle
APN 189-542-003 Las Villas
5. FINDING: As there is not unity of ownership among the five parcels cited in this appeal, the properties do not meet the criteria to be considered as one Site.
EVIDENCE: The above stated facts.
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