Consider Appeal By Las Villas Nogales Home Owner’s Association Of Staff Determination Regarding Denial Of Water Use Credits On Adjacent Properties (Continued From December 13, 2004 board meeting)


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:  N/A

CEQA Compliance:  N/A


SUMMARY:  The public hearing on the appeal by Las Villas Nogales Home Owner’s Association of staff’s determination regarding denial of water use credits on adjacent properties was opened and closed at the December 13, 2004 Board meeting.  The item was continued to this meeting to allow the applicant to submit copies of its Covenants, Conditions and Restrictions (CC&Rs) for review by District General Counsel Laredo.  The Board asked Mr. Laredo to provide his legal opinion on the phrase “unity of ownership” in District Rule 11.  Mr. Laredo has reviewed the applicant’s CC&R’s  and has provided his opinion in the memorandum attached as Exhibit 10-A.  District Counsel concludes that “land should be considered to be held with ‘unity of ownership’ only when the deed and title to all land comprising the ‘site’ are substantially identical, are unvaried, have uniform character, and are devoid of diversity.”  Mr. Laredo concluded that the Home Owners Association-owned parcel (APN 189-542-003), together with property held in separate ownership by its  individual members, does not satisfy the “unity of ownership” requirement for on-site water credit under applicable District rules.   


RECOMMENDATION:  Staff recommends that the Board accept Counsel’s interpretation of “site”, deny the appeal, and adopt the Findings of Denial shown as Exhibit 10-B.


BACKGROUND:  A copy of the staff report and attachments from the public hearing held on December 13, 2004 is attached as Exhibit 10-C.



10-A    January 28, 2005 Memorandum from David C. Laredo to Members of the Board and General Manager Regarding Review of MPWMD Rule 25.5; Definition of “Site”

10-B    Draft Findings of Denial

10-C    Staff Report and Attachments from December 13, 2004 Public Hearing on this Matter