EXHIBIT 12-C

 

FINDINGS OF DENIAL

 

CONSIDER APPEAL OF DISTRICT STAFF’S DECISION TO DENY A WATER PERMIT PURSUANT TO MPWMD RULE 24-C, SPECIAL FIXTURE UNIT ACCOUNTING – 167 LAUREL AVENUE, PACIFIC GROVE

(APN 006-247-005)

 

February 24, 2005

 

 

1.      FINDING:      Ms. Suzan Kelly appealed a District decision denying a water permit for a second bathroom using the District’s “special fixture unit accounting” at 167 Laurel Avenue, Pacific Grove.

 

EVIDENCE:   Application for Appeal on file at District office.

 

2.      FINDING:      District Rule 24-C, Special Fixture Unit Accounting (amended by Ordinance No. 114), is voluntary and limits a person taking advantage of special fixture unit accounting to no more than two bathrooms on a site.

 

EVIDENCE:   MPWMD Ordinance No. 114.

 

1.      FINDING:      District Rule 24-C, Special Fixture Unit Accounting (amended by Ordinance No. 114), upholds the two bathroom restriction “unless the second bathroom is permitted by debit to a jurisdiction’s water allocation”.

 

EVIDENCE:   MPWMD Ordinance No. 114.

 

2.      FINDING:   Approval of a permit that used the special fixture unit accounting on a multi-family site would also be contrary to District Rule 24-C.

 

            EVIDENCE:   MPWMD Ordinance No. 114.

 

5.   FINDING:      The application was submitted to the District on October 4, 2004 and is subject to the current rules, including Ordinance No. 114, which limits properties taking advantage of the special fixture unit account to two bathrooms.

      

      EVIDENCE:   Ordinance No. 114 went into effect on July 1, 2004.

 

6.   FINDING:      Ms. Kelly can proceed with her project is she downsize her planned project and by installing ultra low consumption appliances and using the onsite credit.

 

      EVIDENCE:   District records on file.

 

7.   FINDING:      District Rule 24-C changed before Ms. Kelly’s application was submitted to the District on October 4, 2004, and all water permit applications are subject to the Rules and Regulations that are in effect at the time the complete application is received.

 

      EVIDENCE:   Ordinance No. 114 was adopted in May 2004 and was effective July 1, 2004.  Three public hearings were held on the proposed changes, including the two bathroom restriction, before the ordinance was adopted in May 2004.  The Ordinance was published in the local newspaper, posted on the District’s website, and posted in the windows at the District office before it was adopted.

 

 

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