EXHIBIT 13-C

 

DRAFT

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)

 

FINDINGS OF APPROVAL FOR PERMIT #M05-04 and APPLICATION FOR VARIANCE TO RULE 22

 

CONSIDER APPLICATION TO AMEND GOODRICH LINE (POTRERO) WATER DISTRIBUTION SYSTEM –

(Application #20050413SLC)

 

Adopted by MPWMD Board on November __, 2005

 

Unless otherwise noted, all cited evidence is available for review at the MPWMD Office, 5 Harris Court, Building G, Monterey (Ryan Ranch)

 

It is hereby found and determined as follows:

 

1.         FINDING:          Santa Lucia Community Services District (“Applicant”) has submitted an application to Monterey Peninsula Water Management District (MPWMD) to amend the Goodrich Line Water Distribution System (GLWDS). The GLWDS is part of the larger Santa Lucia Preserve (SLP) Water System regulated by the Monterey County Health Department, and will serves the Potrero Subdivision area approved by the County of Monterey in February 2005.  Fourteen of the 29 lots in the Potrero Subdivision are located within the MPWMD boundary, and comprise the service area of the GLWDS, defined as current Assessor’s Parcel Numbers (APN) 239-102-001 and -003.  Future APNs will be assigned as the Subdivision is actually constructed.  This MPWMD Permit #M05-04 addresses the Goodrich Water Distribution Pipeline and associated infrastructure to transport (import) water from wells outside the MPWMD boundary to the 14 Potrero Subdivision lots within the MPWMD boundary.  The current configuration of the GLWDS pre-exists current MPWMD Rules & Regulations, and was not regulated by MPWMD at the time of construction.  A permit to amend the system is currently needed due to changing regulations and an expansion of the pipeline to serve the 14 lots noted above.  

 

                             EVIDENCE:         Permit Application #20050413SLC, including site maps and supporting materials submitted April 13, 2005 and revised November 4, 2005; all subsequent supplementary materials and responses to MPWMD data requests between May and November 2005.  MPWMD Board packet materials for November 21, 2005 public hearing on GLWDS.

2.                  FINDING:          The Potrero Subdivision was approved by the County of Monterey in February 2005 based on a Final Supplemental Environmental Impact Report (SEIR) that was certified that same month.   

 

                             EVIDENCE:         Monterey County Board of Supervisors Resolution No. 05-046. 

 

3.         FINDING:          Applicant has applied for a permit to amend the GLWDS to enable water service to 14 of 29 Potrero Subdivision lots located within the MPWMD boundary. No change to the system capacity (production) or expansion capacity (connection) limits previously approved by Monterey County for the SLP Water System or Potrero Subdivision is requested.  The applicant has applied for a variance to MPWMD Rule 22-D-1-ii requesting that a limit not be set on the amount of water that may be imported into the District to serve the 14 lots noted above.

 

                             EVIDENCE:         Permit Application #20050413SLC (revised November 2005), site maps and all subsequent supporting and supplementary materials.  Application for Variance signed October 27, 2005.

 

4.         FINDING:          The application to create the GLWDS, along with supporting materials, is in accordance with District Rules 21 and 22.  The Application for a Variance to MPWMD Rule 22 is in accordance with Rule 90.

 

                             EVIDENCE:         Permit Application #20050413SLC, site maps and all subsequent supporting and supplementary materials.  Application for Variance signed October 27, 2005.

 

Required Findings (MPWMD Rule 22-B)

 

5.                  FINDING:            The approval of this permit would not cause unnecessary duplication of water service. The Santa Lucia Community Service District currently provides service to a number of residential connections and the proposed Goodrich Distribution Line would import water from the Santa Lucia Preserve Water System to provide service to 14 single-family residential lots in the Potrero Area. The proposed Distribution Line would not result in an unnecessary duplication of services but provide a logical extension of service from an approved and permitted system. No other water purveyor or system exists in the area to provide services to the approved subdivision known as the Potrero Subdivision.

 

EVIDENCE: MPWMD list of water distribution systems and areas served.  Permit Application #20050413SLC; information on Santa Lucia Preserve Water System; Monterey County Health Department Permit I.S. No. 270-2521.

 

6.         FINDING:            The approval of this permit would result in water importation into the MPWMD from the SLCSD in order to service 14 single-family lots.

 

EVIDENCE: Permit Application #20050413SLC; MPWMD boundary location maps.

 

7.         FINDING:            Approval of this Permit would not result in significant environmental impacts that cannot be mitigated by conditions attached to the permit. Monterey County Board of Supervisors, at a public hearing on January 25, 2005, determined that the entire Potrero project’s water use (not just the proposed extension of the water service to serve the 14 lots under the District’s Permit Application #20050413SLC) would not result in significant environmental impacts that could not be mitigated. Other findings state that “the design and improvements, as conditioned, are not likely to cause substantial environmental damage, substantially and avoidably injure fish or wildlife or their habitat, or cause serious public health problems.”  

 

EVIDENCE: Permit Application #20050412SLC; Supplemental EIR prepared for Potrero Subdivision (certified by Monterey County February 2005); Issuance of a permit to create the SLCSD system (Environmental Health I.D. No. 270-2521).  Monterey County Board of Supervisors Resolution No. 05-046.

 

8.         FINDING:            The application adequately identifies the claim of right for the source of water supply and provides supporting verification. The SLCSD system consists of 61 water production wells and over 50 miles of completed water mains, including a water main that runs throughout the Potrero area.

 

EVIDENCE:  (a) Information provided in MPWMD Application #20050413SLC, including Monterey County Health Department Division of Environmental Health Water Supply Permit I.D. No. 270-2521;  Potrero Subdivision SEIR certified February 2005.

 

9.         FINDING:            The application demonstrates the existence of a long-term reliable source of supply.

 

EVIDENCE: MPWMD Permit Application #20050412SLC, SEIR for Potrero Subdivision certified February 2005; Issuance of a permit to create the SLCSD system (Environmental Health I.D. No. 270-2521).

 

 

10.       FINDING:            The source of supply for the Goodrich Water Distribution Line is from production facilities within the SLP Water System operated by SLCSD; the proposed GLWDS is an extension of this supply. The proposed connection would provide water from the existing main line and allow the proposed GLWDS and the existing SLP Water System to share a common supply source.  (b) Currently, the SLCSD operates a current maximum day demand of 281 gpm, which is well below capacity (598 gpm). The projected demand for the Potrero Area Subdivision will be 29 gpm. Even with the additional demand from the Goodrich Line, the SLCSD would operate well below capacity. The overall water balance for the Santa Lucia Preserve shows that the overall groundwater withdrawals projected for the Preserve at buildout, including the Potrero Area Subdivision, can be replenished on a yearly basis by recharge. Monterey County determined that the cumulative impacts will not adversely impact the supply source. Species and habitats dependent upon these resources will be impacted at a level considered to be less than significant. The Monterey County Board of Supervisors found that “the design and improvements, as conditioned, are not likely to cause substantial environmental damage, substantially and avoidably injure fish or wildlife or their habitat, or cause serious public health problems.” The County further determined that all impacts can be reduced to a less than significant level with adopted mitigation measures.

 

EVIDENCE: Information provided in Application #20050412SLC; MPWMD letter dated May 18, 2005), Environmental documentation prepared for Potrero Subdivision (Certified February 2005). Board of Supervisors Resolution No. 05-046, Monterey County Board of Supervisors Public Hearing (January, 2005); Final Supplemental EIR for the Potrero Area Subdivision, Response to Comments 14-14 to 14-31; Santa Lucia Preserve Final EIR, Volume II concluding that impacts to habitat and supply from the buildout of the  entire Rancho San Carlos project will be less than significant. Reports and information submitted to the County for condition compliance and mitigation monitoring for the Santa Lucia Preserve Combined Development Permit (PC94067).

 

11.       FINDING:            The source of supply for the Goodrich Water Distribution Line is derived from on-site water sources throughout the Santa Lucia Preserve.  The Goodrich Water Distribution Line will connect to the SLP Water system operated by SLCSD, which includes a network of 60 water production wells located throughout the 20,000-acre Preserve. The supply sources are not derived from the Monterey Peninsula Water Resources System or the waters within the State Water Resources Control Board jurisdiction (Carmel Valley Alluvial Aquifer).  There would be no direct diversion to Potrero Creek, a tributary to the Carmel River.  Indirect impacts to the Potrero Creek and other tributary watersheds have been shown to be less than significant.

 

EVIDENCE: Information provided in Application #20050412SLC; Final SEIR for Potrero Subdivision certified February 2005.  Hydrogeologic maps on file at MPWMD office.

 

12.       FINDING:            The proposed GLWDS will connect to the SLP Water System operated by SLCSD, and will not intertie to any other WDS.  The SLCSD provides domestic and fire flow water supply for all development in the Santa Lucia Preserve. The Carmel Valley Fire Protection District (CVFPD) is responsible for all community fire protection services within their district, which includes the SLCSD.  Thus, emergency supplies will available in the event of a system failure within the GLWDS, and adequate fire flow for developed property served by this system will be provided by SLCSD. 

 

EVIDENCE: Permit Application #20050412SLC and supporting information; FSEIR for Potrero Subdivision certified February 2005; Monterey County Board of Supervisors Resolution No. 93-115; Monterey County Health Department Division of Environmental Health Water Supply Permit I.D. No. 270-2521.

 

13.       FINDING:            Adequate measures to protect other water systems and sources of supply will be in place, including backflow prevention devices.

 

EVIDENCE: Permit Application #20050412SLC and supplemental maps; approvals of these measures and facilities by the Monterey County Health Department (Permit I.D. No. 270-2521). 

 

Minimum Standards for Granting a Permit (MPWMD Rule 22-C)

 

14.       FINDING:            The applicant adequately identifies the SLCSD as the responsible party, who, at all times will be available and legally responsible for the proper performance of duties required by the permit holder. The SLCSD is a Community Services District charged with the responsibility by LAFCO and has all the capabilities to tax and run the system appropriately.  The SLCSD is an independent district with an independent elected board of directors.  It provides a number of municipal services (water, sewer, road maintenance, security) within its boundaries.

 

EVIDENCE:  Permit Application #20050412SLC.

 

15.       FINDING:            The treated water quality for potable use will meet California Title 22 water quality standards.

 

EVIDENCE: Permit Application #20050412SLC materials; requirements of Monterey County Health Department for issuance of Water Supply Permit I.D. No. 270-2521.

 

16.       FINDING:            The application identifies the locations of the sources of supply for water distribution systems (water source and well sites).

 

EVIDENCE: The permit is for an extension of the SLCSD’s distribution pipelines to serve 14 connections within MPWMD.  Permit Application #20050412SLC and related maps and materials.

 

17.       FINDING:            The application meets MPWMD Rule 22-C(4) requirement that a proposed system “will not create an overdraft or increase an existing overdraft, unless a valid superior right is proven.” The proposed system includes water distribution lines that would import water from the existing SLP Water System operated by the SLCSD, and would not result in an overdraft of water. The SLCSD currently operates below capacity and the additional demand for the Potrero Subdivision will not result in the SLCSD operating above capacity. Overall groundwater withdrawals projected for the SLP are anticipated to be replenished on a yearly basis based on groundwater recharge. The SLP Combined Development Permit Application included a Comprehensive Hydrological Study (CHS) (Application, Section 4.6 and Technical Appendices Section 6.9 through 6.16 inclusive) containing all required components, which was subsequently supplemented by three Supplements dealing with specific technical details and two Technical Memoranda regarding proposed water system design. The CHS as supplemented was reviewed by the Monterey County Health Department, Monterey County Water Resources Agency, MPWMD, and Ogden Environmental and Energy Services, the independent third-party hydrologic consultant selected and engaged by the County to review the CHS.  In addition, the CHS as supplemented was reviewed by the staff hydrologist for Jones & Stokes and by Ken Schmidt and Associates, the third-party geohydrological consultant engaged by Jones & Stokes in connection with the SLP EIR. The CHS as supplemented complies with the requirements of Resolutions 93-115; 96-059; and 97-360. The water system includes multiple pressure zones with four storage tanks with a combined capacity of 1.925 million gallons. The entire system also includes over 50 production wells, all outside of the MPWMD boundaries, serving almost 20,000 acres.  No overdraft has been declared for the water resources serving the SLP.

 

EVIDENCE: Permit Application #20050412SLC and supporting materials; Final SEIR for Potrero Subdivision certified February 2005.  File #PC94067, Monterey County Planning and Building Inspection Department; Letter report dated December 19, 1994, from Ogden Environmental and Energy Services to Walter Wong, Monterey County Environmental Health Division. Review of Hydrologic and Wastewater Studies for Potrero Area Subdivision of the Santa Lucia Preserve, Weber, Hayes & Associates, May, 2002 (Potrero DSEIR Technical Appendices).

 

18.       FINDING:            The application meets MPWMD Rule 22-C(5) requirement that a proposed system “will not adversely affect the ability of existing systems to provide water to users, unless a valid superior right is proven.” No identified impact to the other existing systems exists. The proposed Goodrich Distribution Line will import water from the SLP Water System operated by SLCSD to supply water to 14 single-family residential units in the Potrero Area. The Goodrich Line, which will provide services to the above mentioned 14 lots, would increase demand by approximately 14 gpm, totaling 29 gpm for the Potrero Subdivision.  However, the SLCSD would still be operating well below capacity. As a result, the proposed GLWDS would not have an adverse affect on the existing system.  No evidence exists to indicate that the GLWDS would adversely affect any other water system such as Cal-Am.

 

EVIDENCE: Application #20050412SLC and supporting materials; Final SEIR for Potrero Subdivision certified February 2005.

 

19.       FINDING:          In the review of this application, MPWMD has followed those guidelines adopted by the State of California and published in the California Administrative Code, Title 14, Section 15000 et seq.  Specifically, the MPWMD, as a Responsible Agency under CEQA for this action, has complied with Guidelines section 15096.  The MPWMD, as a Responsible Agency for this project, has considered the certified environmental documents and required Mitigation Measures prepared for and certified by the County of Monterey.  Copies of each pertinent environmental document have been provided to MPWMD Board members for review prior to the public hearing on this matter.  The MPWMD Board has reviewed the environmental information and relied on the information as part of its decision-making on this matter.   

 

                                          EVIDENCE: CEQA and CEQA Guidelines.  Transmittal notice to MPWMD Board dated November 10, 2005 attaching Draft and Final SEIR for Potrero Subdivision. Board action of November 21, 2005, including confirmation of review of environmental documents pursuant to Finding #19.  Monterey County Board of Supervisors Resolution No. 05-046.

 

Findings in Support of Application for Variance

 

20.       FINDING:            A complete Application for Variance form and proper fee were submitted in a timely manner for Board action.  The three criteria described in MPWMD Rule 90 were addressed:  (a) special circumstances exist; (b) practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of the rules; and (c) the granting of the variance would not defeat the purposes of the MPWMD Rules & Regulations. 

 

EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments.

 

21.       FINDING:            To address the topic of special or unique circumstances, the variance request identified that (1) the applicant is a public entity; (2) the water system already exists; (3) none of the water is produced within the District or Cal-Am service areas; (4) the MPWMD permit is only for extension of a pipeline; (5) the extension would serve an already established and approved service area; and (6) the proposed expansion is minor in scope (roughly 5%) as compared to the total SLCSD service amount.  The applicant provided Findings of Approval made by Monterey County regarding the physical capacity of the system to adequately meet demand, to remain within the safe yield of the basin and not harm other users, and to not harm off-site basins or aquifers with the EIR mitigation measures in place.

 

EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments, including Monterey County Findings.

 

22.       FINDING:            To address the topic of practical difficulties or hardship, the applicant asserted that imposition of a production limit on the water imported to the portion of the subdivision within District boundaries would entail controlling the water use of 14 out of 29 homes in a subdivision (resulting in unequal treatment) and interfere with the integrated water system that currently exists.  It would also not be consistent with the current requirements and conditions of approval imposed by Monterey County on the Potrero Subdivision and the water system serving it.

 

EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments, including Monterey County Findings.  

 

23.       FINDING:            To address the topic of impact to MPWMD Rules & Regulations, the applicant noted that all other elements of Rule 22 would be followed, including annual reporting, conservation, indemnification, etc.  The MPWMD production limit was designed to address potential effects to water resources within the District.  Limiting importation into the District to serve a relatively small component of the overall water system would not further this purpose. Limiting importation to the 14 affected lots within the Potrero Subdivision would treat one-half of the subdivision differently than the other half, but would not prevent more use of water elsewhere in the system, or lead to protection of environment. 

 

                                          EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments, including Monterey County Findings.  Monterey County Board of Supervisors Resolution No. 05-046 approving Potrero Subdivision including Conditions of Approval.

 

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