EXHIBIT
11-G
DRAFT
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)
FINDINGS of APPROVAL of
APPEAL
CONSIDER APPEAL OF HEARING OFFICER DETERMINATION RE: APPROVAL OF BARDIS WATER DISTRIBUTION SYSTEM; APN 169-181-051
Adopted by MPWMD Board of Directors on
March 21, 2005
Unless otherwise noted, all evidence is on file and
available for public review at the District office,
It
is hereby found and determined as follows:
1. FINDING: Applicant Christo Bardis is the owner of property at the
intersection of
EVIDENCE: Application #20040426BAR, site map and application materials dated April 26, 2004.
2. FINDING: A well permit was issued by the Monterey County Health
Department in February 2004. The well
was constructed on the subject property and tested in July 2004.
EVIDENCE: Monterey County Health Department
permit #04-06798; State DWR Well Completion Report #0900420.
3. FINDING: Based on a public hearing held on November 19, 2004, the
MPWMD Staff Hearing Officer, on November
24, 2004, approved the application to create the Bardis WDS subject to 20
conditions.
EVIDENCE: MPWMD WDS Permit #S04-03 and associated Final Conditions of Approval, Final Findings of Approval and CEQA Notice of Exemption, all dated November 24, 2004. MPWMD Hearing Record for hearing held on November 19, 2004; MPWMD Order Following Hearing prepared by Hearing Officer on November 24, 2004.
4. FINDING: The applicant filed a timely appeal of the Hearing
Officer’s determination in accordance with MPWMD Rule 22-A-2 and Rule 70. The applicant agrees with the total
production limit of 14.910 AFY, but requests a higher allotment than 0.444 AFY
for the residential indoor and landscape irrigation uses. Specifically, an amount of 0.50 AFY was
requested for indoor uses only; alternatively, an amount of 0.70 AFY was
requested for the combined residential indoor and landscape irrigation uses for
the home. The remaining amount would be
designated for the agricultural use.
EVIDENCE: December 20, 2004 Application for Appeal, including cover letter, application form, exhibits, check for $750, and Disclosure Statement. MPWMD Rules and Regulations.
Rationale
for Granting the Appeal
5. FINDING: Based on data provided in the application, applicable
zoning regulations, previous County land use approvals, and previous
litigation, 14.91 acre-feet per year (AFY) of water can legally be used on the
subject parcel without further CEQA review.
EVIDENCE: Application
#20040426BAR and subsequent materials submitted to District as contained in
application file.
6. FINDING: The MPWMD is not bound by the Court Order and
Stipulation, and is not compelled to set residential water use limits
consistent with the 1994 Grice Report.
EVIDENCE:
7. FINDING: Condition No. 3 of Permit #S04-03
issued by the Hearing Officer set a system capacity (production limit) of
14.910 acre-feet per year (AFY) divided as follows: 0.444 AFY for residential uses, including
landscape irrigation, and 14.466 AFY for agricultural irrigation. The allocation of 0.444 AFY for residential
use was based on strict concordance with the assumptions and conclusions of the
1994 Grice Engineering Report, which is referenced in paragraph 3-G of the
Court Order. The Grice Report made
assumptions about average occupancy and water use per person that do not
reflect today’s situation, and specifically do not reflect the individual
proposal for the six-bathroom Bardis home as documented by permit drawings and
water use estimates submitted to the Monterey County Planning and Building
Inspection Department. Based on the
actual home proposal totaling 67.8 fixture units (equivalent to 0.678 AFY), a
residential production limit of 0.7 AFY as part of Permit #S04-03 is considered
reasonable. The remaining 14.21 AFY
would be the production limit for agricultural use.
EVIDENCE:
8. FINDING: The 1994 Grice Report is outdated as it includes text
stating that the report findings “may be invalided wholly or partially by
changes outside our control,” and the report “should not be relied upon after a
period of three years.” The report could
not have predicted the specific needs of future owners of this 10-acre parcel,
nor current water use estimates for fixtures contained in current MPWMD
worksheets.
EVIDENCE: Hydrology Study and Nitrate Loading
Assessment for the Mills College Property Minor Subdivision at Carmel Valley
Road and Schulte Road, Carmel Valley (page 14), prepared by Grice
Engineering, Inc., dated November 14, 1994.
MPWMD Residential Water Release and Water Permit Application Form for
property at
9. FINDING: Four neighboring parcels involved in the original Mills
College Subdivision received a
EVIDENCE:
10. FINDING: Denial
of the appeal prevents the applicant from constructing the home planned on the
10-acre parcel. The limit of 0.444 AFY
for residential use with landscape
irrigation is inadequate for the home planned for this site. The MPWMD Residential Water Release and Water
Permit Application Form submitted for the proposed Bardis home, and verified by
permit drawings, show an estimated use of 67.8 fixtures (0.678 AFY). Thus, a limit of 0.7 AFY an appropriate
potable water limit in Permit #S04-03.
EVIDENCE: MPWMD Rules and Regulations. MPWMD
Residential Water Release and Water Permit Application Form for property at
11. FINDING: Approval
of the appeal would not result in significant adverse impacts to the
environment that cannot be mitigated by conditions attached to the permit. The system has been evaluated and conditioned
to be consistent with previously approved land use approvals from
EVIDENCE: CEQA Notice of Exemption signed March
___, 2005, CEQA Guidelines Sections 15301 and 15303. Revised MPWMD Permit #S04-03, Condition #3,
setting water production limit at 14.91 AFY, consistent with Monterey County
Superior Court Case No. M43343 (Save Our
12. FINDING: In
the review of this application, MPWMD has followed those guidelines adopted by
the State of
EVIDENCE: CEQA and CEQA Guidelines, Sections
15301 and 15303. Notice of Exemption for
Bardis WDS revised MPWMD Permit #S04-03 dated March _, 2005.
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