Meeting Date:

February 24, 2005





David A. Berger,




General Manager

Line Item No.:


Prepared By:

Stephanie Pintar

Cost Estimate:



General Counsel Approval:  Yes

Committee Recommendation:  Rules and Regulations Committee, by a vote of 3-0 on February 7, 2005, recommends approval of Deed Restriction Template 3.7.

CEQA Compliance:  N/A


SUMMARY:  Staff has identified a need to remove deed restrictions that were recorded on a residential property in the City of Monterey as a condition of a District water permit that utilized the special fixture unit accounting in Rule 24-C to add a shower to a second bathroom.  Following a District permit amendment, the property is no longer subject to the previous deed restrictions and the property owner would like the documents removed. 


At its December 2001 meeting, the Board of Directors approved deed restriction policy guidelines under which new or amended deed restriction templates (i.e. standard forms) must be reviewed by the Rules and Regulations Committee and approved by the Board.  Attached as Exhibit 3-A is a new template (Form 3.7) to remove previously recorded deed restrictions for special fixture unit accounting.  If the Board approves this new form at its February 24, 2005 meeting, the template will be used to remove deed restrictions that no longer apply to a property that previously was subject to the special fixture unit accounting conditions.


RECOMMENDATION:  The Board should approve this item with the Consent Calendar.  Approval of this item with the Consent Calendar will enable staff to add Deed Restriction Form 3.7 to the master list of deed restriction templates.


BACKGROUND:  The need for proposed Deed Restriction Form 3.7 results from a situation in which a water permit applicant originally applied for a permit using the Rule 24-C special fixture unit accounting to add a shower in a second bathroom.  Projects permitted with special fixture unit accounting have two deed restrictions recorded on the title as a condition of the permit:  The first limits the use of water on the site, and the second allows public access to water records.  In this case, subsequent to the District recording the two Rule 24-C deed restrictions the City of Monterey authorized water from its allocation for the shower.  The effected property owner asked the District to amend the water permit to show the debit to the allocation, rather than use the special fixture unit accounting.  By changing the method by which the water permit was issued, the former deed restriction no longer applies and should be removed.  However, as the District does not presently have a means of removing deed restrictions of this type, District Counsel drafted Form 3.7 to cover the newly identified need.



3-A      Form 3.7, Notice of Removal of Deed Restriction