EXHIBIT 22-A
DRAFT
ORDINANCE NO. 128
June 8, 2007
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
CLARIFYING TERMS, RULES AND POLICIES RELATED TO WATER
DISTRIBUTION SYSTEMS, WATER PERMITS, WATER USE PERMITS, WATER CREDITS, AFFORDABLE
HOUSING, FEES AND THE EXPANDED WATER CONSERVATION AND STANDBY RATIONING PLAN
1. The Water Management
District is charged under the Monterey Peninsula Water Management District Law
with the integrated management of the ground and surface water resources in the
2. This ordinance is adopted to
clarify terms, rules, policies, and fees of the District related to Water
Distribution Systems, Water Permits, Water Use Permits, Affordable Housing,
Water Credits and terms used in the Expanded Water Conservation and Standby
Rationing Plan.
3. The definitions contained in
this ordinance clarify terms related to the following processes: Water Distribution System Permits, Water Permits,
and Water Use Permits. New terms are
added to further improve other rules and policies of the District.
4. This ordinance shall revise,
amend and republish Rules 11, 20, 21, 22, 23, 24.5, 25.5 and Rule 60 of the
Rules and Regulations of the Water Management District.
5. This ordinance adds Rule
23.1 to the Rules and Regulations of the Water Management District to describe
the process for issuing a Water Use Permit.
6. This ordinance amends Rule 20, Permits Required, to reflect the requirement for a deed restriction and payment of fees prior to Creating/Establishing a Water Distribution System.
7. This ordinance amends Rule 20 to exempt Parcels served by a Water Distribution System not regulated by the District from the District’s Water Permit requirements.
8. This ordinance amends Rule 21, Applications, to provide an exemption to the requirement for a Water Release Form when the final Water Permit is amended after a final inspection to reflect less water fixtures than shown on the Water Permit.
9. This ordinance adds Rule 21-E to clarify the Water Use Permit Application (for properties eligible to obtain a portion of the Pebble Beach Company’s Water Entitlement). Water Use Permit applications were previously considered only in Rule 23.5. Rule 23.5 was adopted by Ordinance No. 39 (2/13/1989) and amended by Ordinance No. 71 (12/20/1993) and Ordinance No. 109 (5/27/2004).
10. This ordinance amends Rule 22, Action on Application for Permit to Create/Establish a Water Distribution System, to reflect the requirement for recordation of a deed restriction(s) prior to final action and to make grammatical edits.
11. This ordinance amends Rule 22, Action on Application for Permit to Create/Establish a Water Distribution System, to require payment of fees to the District and/or its agents prior to finalizing a Permit.
12. This ordinance clarifies Rule 23, Action on Application for a Water Permit to Connect To or Modify an Existing Water Distribution System, to specify that a signed Water Release Form is not required to amend a Water Permit after a final inspection when the Water Permit reflects less fixture units or a lower Water Use Capacity than the original Water Permit.
13. This ordinance adds Rule 23.1,
Action on Application for a Water Use Permit on a Benefited Property, to codify
the procedure originally contemplated in Rule 23.5 for processing and issuing
Water Use Permits to properties receiving a share of the Pebble Beach Company
Water Entitlement (Ordinance No. 109, 5/27/2004). The Water Use Permit procedure was developed
in cooperation and in coordination with the Pebble Beach Company.
14. This
ordinance clarifies and amends Rule 24.5, Connections for Affordable Housing,
to eliminate redundancy, streamline the language, and to add conditions of
approval. References to “very low
income” housing and households are eliminated, as these terms are covered under
the “Low Income Housing” definition.
Amendments to the definitions of Affordable Housing reflect the
County-wide standard for determining affordable housing projects and were
reviewed and accepted by the District’s Technical Advisory Committee (TAC).
15. This ordinance amends Rule
25.5 to clarify that Water Use Credits are not available for removal of
Residential Landscaping.
16. This ordinance amends Rule
25.5 to clarify that Water Use Credits from the permanent abandonment of specifically
identified, quantified, and permitted Non-Residential Landscaping are
calculated using the Estimated Applied Water calculation (the average estimated
reasonable water needs after Landscaping establishment).
17. This ordinance amends Rule
60, Fees and Charges, to reflect the various categories of fees currently shown
on the Fees and Charges Table.
18. This ordinance clarifies
Rule 60-D by eliminating confusing language and clarifying that the Connection Charge
process described in Rule 24 is not modified by changes to Rule 60.
19. This ordinance makes the
general replacement of the following terms throughout the Rules and Regulations
of the District: Cal-Am is replaced with
California American Water, Dedicated Landscape Water Meter/Dedicated Landscape
Meter is replaced with Dedicated Irrigation Meter, and Flagrant Occurrence is
replaced with Flagrant Violation.
20. The
proposed activities reflected in this ordinance are not subject to CEQA. The activities are not a project as defined
in Guideline 15378, the activities do not involve the exercise of discretionary
power by MPWMD, and they will not result in a direct or reasonably foreseeable
indirect physical change in the environment in accordance with Guideline 15060.
NOW THEREFORE be it ordained
as follows:
Section One: Short Title
This ordinance shall be
known as the 2007 Permit Processing Clarification Ordinance of the Monterey
Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the
Rules to clarify the processes related to the administration of Permits and
Fees. This ordinance updates the
definitions used by the District and simplifies the language of the current
Rules related to Water Use Permits to reflect current practices.
Section Three: Amendment
of Rule 11, Definitions
A. All terms defined by Rule 11
of the Rules and Regulations of the District shall be capitalized throughout
the Rules and Regulations.
B. The following text located
at the beginning of Rule 11 shall be amended as shown in bold italics (bold
italics) and strikeout (strikethrough):
Except as otherwise specified in the Monterey
Peninsula Water Management District Law, and except where the context otherwise indicates, the following words shall
be defined below as indicated,
including the definitions
set forth in Rules 23.5 (F), 24.5 (A), and 42, and 141. The definition of a word applies to any of its
variants (i.e. singular, plural, abbreviated, etc.).
C. Unless the context
specifically indicates otherwise, the following words or phrases shall be given
the definitions set forth below and shall be permanently added to or deleted
from Rule 11, Definitions, of the Rules and Regulations of the District. Revised
text is shown in bold italics (bold italics) and strikeout
(strikethrough). Numbering is provided for ease of review
only.
1.
AFFORDABLE HOUSING ‑ "Affordable
Housing" shall mean and refer to housing that is affordable to Low
or mModerate‑iIncome hHouseholds. Affordable Housing
is housing that can be rented or purchased by persons in the following income
ranges, utilizing not more than 30% of their total income for housing:
Low Income – Individuals or families who earn up
to 80% of the median income of individuals or families living in
Moderate Income – Individuals or families who
earn more than 80% and up to 120% of the median income of individuals or
families living in
Such housing is affordable if the sales price is equal to or
less than three times the maximum annual moderate‑income household income;
or if rented, if the annual rent is equal to or less than 25% of the maximum
annual moderate‑income household income.
"Moderate Income" shall include all salaries, rents and
similar sources of income as well as the economic value of property, savings, stocks,
bonds, and other assets.
The term "Affordable
Housing" shall only apply to a "Dwelling Unit" which is
available for private occupancy, but for which ownership and/or occupancy is
restricted by recorded covenant or other deed restriction. This covenant or restriction shall be
enforceable by either the District or the public and shall limit use of all
"Affordable Housing" so that only households of "Moderate
Income" or less shall qualify to occupy these units by purchase, by rent,
or by lease. This covenant or
restriction shall comply with the standards set by the California Department of
Housing and Community Development (HCD) and the Monterey County Housing
Authority for resale and occupancy of "Low-Income" and "Moderate
Income" housing, and shall require that the District receive notice prior
to the removal or modification of that deed restriction. The recorded covenant shall further provide
notice to each subsequent owner that any change of water use from an affordable
housing use to any other residential or non-residential use shall constitute an
intensification of use which shall require payment at the then-present value of
connection charges to the District both for the intensification of water use
capacity and for the increment of water use which had originally been exempted
from the full fee. The recorded covenant
and shall be in a form approved by the District General Manager. This covenant shall also require the use and
maintenance of water conservation measures as determined by the District
General Manager which shall, among other things, maximize the use of low‑flow
fixtures and drought resistant landscaping.
2.
APN – “APN” shall mean the
3
ASSESSOR’S PARCEL NUMBER – “Assessor’s
Parcel Number” shall mean the
4.
ASSIGNMENT DOCUMENT – “Assignment
Document” shall refer to the document titled, “An
Assignment of a Portion of Monterey Peninsula Water Management District
Ordinance No. 39 Water Entitlement and Water Use Permit” issued and recorded by the
Pebble Beach Company.
5. CONFIRMATION OF EXEMPTION - "Confirmation of
Exemption" shall mean a written approval by staff of the Monterey
Peninsula Water Management District based on a Pre-Application Request Form to
Create/Establish a Water Distribution System which complies with Rule 20.
6. EXISTING STRUCTURE ‑ "Existing Structure" shall
means any structure built and available for use or occupancy prior
to December 11, 1987 within one hundred and twenty (120) days of the effective date of
this ordinance.
7. FLAGRANT
VIOLATION ‑ "Flagrant Violation" means any willful or wanton
disregard of the water conservation and/or rationing Rules and
Regulations of the District which results in unreasonable waste, contamination,
or pollution of District waters by any Extractor, User, or by the Owner/
or
Operator of a Well, Water‑Gathering Facility or Water Distribution System.
8. LOW-INCOME HOUSEHOLD -- "Very
Low-Income Household" and "Low-Income Household" shall mean
those individuals or group of individuals living together as one household, who earn up to 80% of the median income of individuals or
families living in whose
combined gross annual income for each such group does not exceed the limits
established under the United States Housing Act of 1937, as determined from
time to time by the U.S. Department of Housing and Urban Development (HUD) in
its annual transmittal of income eligibility data. Permissible income limits shall not exceed
the primary criteria to determine applicant eligibility for Section 8 HUD
Public Housing programs. The terms
"Very Low-Income" and "Low-Income" shall include all
salaries, rents and similar sources of income as well as the economic value of
property, savings, stocks, bonds, and other assets.
9. LOW-INCOME HOUSING - "Low-Income
Housing" shall mean housing that
is affordable to households with incomes at or below 80 percent of the and refer to
housing that is affordable to low‑income and very low-income
households. Such housing is affordable
if the sales price is equal to or less than three times the maximum annual very
low‑income household income; or if rented, if the annual rent is equal to
or less than 25% of the maximum annual very low‑income household income.
The term "Low-Income
Housing" shall only apply to a "Dwelling Unit" which is
available for private occupancy, but for which ownership and/or occupancy is
restricted by recorded covenant or other deed restriction. This covenant or restriction shall be
enforceable by either the District or the public and shall limit use of all
"Low-Income Housing" so that only households of
"Low-Income" or less shall qualify to occupy these units by purchase,
by rent, or by lease. This covenant or
restriction shall comply with the standards set by the California Department of
Housing and Community Development (HCD) and the Monterey County Housing
Authority for resale and occupancy of "Low-Income" housing, and shall
require that the District receive notice prior to the removal or modification
of that deed restriction. The recorded
covenant shall further provide notice to each subsequent owner that any change
of water use from a low-income housing use to any other residential or
non-residential use shall constitute an intensification of use which shall
require payment at the then-present value of connection charges to the District
both for the intensification of water use capacity and for the increment of
water use which had originally been exempted from the full fee. The recorded covenant shall be in a form
approved by the District General Manager.
This covenant shall also require the use and maintenance of water
conservation measures as determined by the District General Manager, which
shall, among other things, maximize the use of low‑flow fixtures and
drought resistant landscaping.
10. MODERATE INCOME HOUSEHOLD ‑
"Moderate Income Household" shall mean those individuals or group of
individuals living together as one household, who
earn more than 80% and up to 120% of the median income of individuals or
families living in Monterey County. whose
combined gross annual income does not exceed the limits established under the
United States Housing Act of 1937, as determined from time to time by the U.S.
Department of Housing and Urban Development (HUD) in its annual transmittal of
income eligibility data for a "Moderate Income Household" in the
Seaside, Monterey, Salinas Standard Metropolitan Statistical Area Median Family
Income as specified in the latest United States Census and projected to a year
of sale by the United States Department of Housing and Urban Development. "Moderate Income" shall include all
salaries, rents and similar sources of income as well as the economic value of
property, savings, stocks, bonds, and other assets.
11. MODERATE INCOME HOUSING – “Moderate Income
Housing” shall mean housing that is affordable to households with incomes above
80 percent and up to 120 percent of the Monterey County median income adjusted
for household size.
12. VERY LOW-INCOME HOUSEHOLD - "Very Low-Income Household"
and "Low-Income Household" shall mean those individuals or group of
individuals living together as one household, whose combined gross annual
income for each such group does not exceed the limits established under the
United States Housing Act of 1937, as determined from time to time by the U.S.
Department of Housing and Urban Development (HUD) in its annual transmittal of
income eligibility data. Permissible income
limits shall not exceed the primary criteria to determine applicant eligibility
for Section 8 HUD Public Housing programs.
The terms "Very Low-Income" and "Low-Income" shall
include all salaries, rents and similar sources of income as well as the
economic value of property, savings, stocks, bonds, and other assets.
13. WATER
USE PERMIT – “Water
Use Permit” means a writing from MPWMD which evidences the dedication of the
Water Entitlement as a present vested property right enuring to the use and
benefit of one or more of the Benefited Properties. A Water Use Permit shall by non-discretionary
ministerial action, cause the present Connection to or modification of the CAW Water
Distribution System for Benefited Properties upon designation of the
location of use and upon payment of applicable Connection Charges and fees, and
issuance of a Water Permit as provided in Rule 23.5.
D. The definition of “Water Use Permit” in Rule 23.5 shall be
amended to be identical to the new definition in Rule 11.
Section Four: Amendment of Rule 20, Permits Required
Rule 20 shall be revised as
shown in bold italics (bold italics):
A. PERMIT TO CREATE/ESTABLISH A WATER DISTRIBUTION
SYSTEM
Before
any Person Creates or Establishes a Water Distribution System, such
Person shall first obtain a written exemption or Permit from the District, execute and record a notice on
the title of the property, and pay all applicable fees. Before any Pperson creates or
establishes a Mobile Water Distribution System,
such Person shall obtain a written Permit from the District.
Desalination,
reclamation or importation
facilities located within the District are not exempt because the Source of
Supply is considered to be the water emanating from a facility within the
District.
Persons
who hold a valid permit for construction and operation of a Water Distribution
System from the Monterey County Health Department, prior to March 12, 1980, or
a Water Distribution System in existence prior to that date, shall be deemed to
have been issued a Permit in compliance with these Rules and Regulations. Persons who filed a completed application to the
Monterey County Health Department, date-stamped by the Department on or before
March 19, 2001, for construction of a Well serving a Single-Parcel Connection
System shall be deemed to have been issued a Permit in compliance with these
Rules and Regulations provided all of the following actions are taken: (1) the Applicant receives a valid well
construction permit from the Monterey County Health Department, makes the Well
active, meters the Well, has the Well inspected by MPWMD and receives an approved
MPWMD Water Meter Installation Inspection form issued on or before October 15,
2001; and (2) each Water-Gathering Facility of that
system was registered with the District on or before October 15, 2001.
No
Mobile Water Distribution System shall be issued a Permit under the provisions
of the previous paragraph. Each such
system shall be required to apply for and obtain a Permit in accord with Rules
21 and 22.
The
Expansion Capacity Limit and System
Capacity of previously existing systems shall be determined pursuant to Rule 40
(A).
An
Owner or Operator of a Water Distribution System shall not modify, add to or
change his/her Source of Supply, location of uses, change annual production or
Connection limits, or expand the Service Area unless that Person first files an
application to do so with the District and receives an amended
creation/establishment Permit.
B. PERMITS
TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
Before any Person
connects to or modifies a water use Connection to a Water Distribution System regulated
by the District or to any Mobile Water Distribution System, such Person
shall obtain a written Permit from the District or the District’s delegated
agent, as described in District Rules 21, 23 and 24. The addition of any Connection and/or modification of an
existing water Connection to any Water Distribution System permitted and
regulated by the District shall require a Water Permit.
[No changes are proposed for the balance of Rule 20 B, C or
D.]
Section Five: Amendment of Rule 21, Applications
Rule 21-B shall be revised
as shown in bold italics (bold italics):
B. APPLICATION FOR PERMIT TO CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION SYSTEM
Each application for a Water Permit shall
follow the process set forth in Rule 23.
A proper Applicant for a Water Permit may be the prospective User of the
proposed or existing Connection as the real party in interest, the property
owner, or any agent thereof. The
application for a Water Permit to Connect to or Modify
a Water Use Connection shall be deemed complete when the Applicant submits all
of the following:
o. 1. A Water Release Form pertaining to the Site on which the water use
shall occur shall be signed by the authorized official of the applicable
Jurisdiction. When the completed project has fewer
fixture units than the number permitted (Residential Water Permits), or has a
smaller Water Use Capacity than permitted (Non-Residential Water Permits), the
Applicant shall not be required to secure the signature of the authorized
official of the applicable Jurisdiction on the Water Release Form. It
shall be the responsibility of the Jurisdiction to complete any applicable
Environmental Review on a project prior to authorizing a Water Permit release
via the Water Release Form.
The following text shall be
added as Rule 21-E:
E. APPLICATION FOR WATER USE PERMIT FOR “BENEFITED PROPERTIES” AS
THAT TERM IS DEFINED IN RULE 23.5
Each application for a Water Use Permit
shall follow the process set forth in Rule 23.1. A proper Applicant for a Water Use Permit may
be the property owner or any agent thereof. The application for a Water Use
Permit shall be deemed complete when the Applicant submits all of the
following:
1. A completed Water Use Permit
application,
2. A copy of the
recorded Assignment Document, “An Assignment of a Portion of Monterey Peninsula
Water Management District Ordinance No. 39 Water Entitlement and Water Use
Permit” specific to the application Site.
3. Processing fees.
Section Six: Amendment of Rule 22, Action on
Application for Permit to Create/Establish a Water Distribution System
Rule 22 shall be revised as
shown in bold italics (bold italics) and strikeout (strikeout):
A. PROCESS
1. Review of Pre-Application Request
Form for All Systems
The General Manager shall review
each Pre-Application Request Form to Create/Establish a Water Distribution
System. If the Pre-Application is
determined to be complete pursuant to the Implementation Guidelines, the
General Manager shall determine the proper Permit Review Level (i.e., Exempt,
Level 1, Level 2, Level 3, or Level 4 as defined in Rule 11, Definitions). The General Manager shall notify the
Applicant in writing of the Permit Review Level determination (to be confirmed
by information in the formal Application Form), the required recordation of
notice on the title of the property, applicable Permit application fee,
and provide the proper written Application Form and associated materials
pursuant to the Implementation Guidelines.
If the Pre-Application Request Form is determined to be incomplete, the
General Manager shall notify the Applicant concerning the missing or deficient
information, and request the Applicant to submit that information.
2. Determination of Permit Review Level
Based on the information in the
Pre-Application Request Form (as confirmed by the formal Application Form), the
General Manager shall determine the Permit Review Level as follows, using
the attached Table 22-A as a guide:
Exempt: A system meets all of the criteria
identified in Rule 20-C-3.
Level 1 (Categorical) Permit: A system meets all of the following criteria:
(a) Well site is located in the Carmel Valley Upland area as shown in maps
provided in the Implementation Guidelines; (b) property is comprised of one or
two Residential Parcels totaling less than 2.5 acres; (c) property is not
within the Cal-Am California American Water Service
Area as shown in maps provided in the Implementation Guidelines, or is not
served by Cal-Am California American Water as a
remote meter; (d) Well site is located more than 1,000 feet from any Sensitive
Environmental Receptor as defined in Rule 11; (e) Well site is located more
than 1,000 feet from any existing wWell that is registered with the
District and/or included in the District Well database at the time of the
application; and (f) a review by District staff determines that the application
falls within one of the classes listed for a CEQA categorical exemption as
described in CEQA Guidelines Article 19, Categorical Exemptions
(15300-15333). See also the attached
Table 22-A.
Level 2 (Administrative) Permit: A system meets the criteria for a Level 2
Permit as shown in the attached Table 22-A.
Level 3 Permit (Hearing Officer Review): A system meets the criteria for a Level 3
Permit as shown in the attached Table 22-A.
Level 4 Permit (MPWMD Board Hearing): A system meets the criteria for a Level 4
Permit as shown in the attached Table 22-A.
Each application shall be reviewed pursuant to CEQA, except those ministerial actions determined to be exempt from the application of CEQA (Guidelines Section 15268).
3. Protocol for Exempt System
No Application Form or Permit processing is required for an exempt system. The General Manager shall provide a written Confirmation of Exemption to the Applicant in the form and manner prescribed in the Implementation Guidelines, including the applicable fee described in Rule 60. A notice on the title of the property shall be recorded by the District prior to issuance of the written Confirmation of Exemption. District action is ministerial and is exempt from the requirements of CEQA (Guidelines Section 15268). Notice of the staff action shall be provided to all MPWMD Board members.
[No changes are
proposed for the balance of Section A, B or C.]
D. MANDATORY CONDITIONS OF APPROVAL
[There
are no changes to Section D-1 a through k.]
l. applicant shall pay to the District the
invoiced cost for MPWMD staff time and/or its agents (pursuant to Rule
60) to process the permit, as documented in billing logs, before the permit is
finalized;
m. applicant shall sign an “Acceptance of
Permit Conditions” form upon finalization of permit conditions, wherein the
applicant states that he/she understands and accepts the conditions as a
binding part of the permit approval, and agrees to carry out the conditions in
good faith; the permit is not valid until the signed form is received from the
applicant;
n. applicant shall execute a Notice and
Deed Restriction prepared and recorded by the District regarding the limitation
on water use as set forth in the conditions of approval prior to issuance of
the final Permit;
n.o. permit shall state that the Permit is subject to Revocation in the
event the Applicant does not comply with the provisions set forth in each
condition in this Rule.
[No changes are proposed for the balance of
Section D, E, F or G.]
TABLE 22-A
MATRIX OF PERMIT REVIEW LEVELS
|
USE |
SETTING |
||||||||||||
|
Basin/Watershed |
Sensitive
Use Areas |
|
Area |
||||||||||
|
Project Type |
Parcel Size (acres) |
Estimated Water Use (AFY) |
Uplands >1000’ from well or SER* |
Uplands <1000’ from well or SER* |
Laguna Seca Subarea |
Coastal Subarea |
C.V. Alluvium |
|
Min. review if within “Main” |
||||
|
A |
B |
C |
D |
E |
F |
G |
H |
I |
J |
||||
|
1 |
1 Parcel - Residential |
=1 |
=1 |
1 |
2 |
3 |
3 |
3*** |
Exempt |
2 |
|||
|
2 |
1 Parcel “ |
>1-2.5 |
>1-2.5 |
1 |
2 |
3 |
3 |
3*** |
Exempt |
2 |
|||
|
3 |
1 Parcel “ |
>2.5-10 |
>2.5-10 |
2 |
2 |
4 |
4 |
4*** |
2 |
2 |
|||
|
4 |
1 Parcel “ |
>10 |
>10 |
2 |
3 |
4 |
4 |
4 |
3 |
3 |
|||
|
|
|
|
|
||||||||||
|
5 |
2 Parcels - Residential |
=1** |
=1 |
1 |
2 |
3 |
3 |
3*** |
Exempt |
2 |
|||
|
6 |
2 Parcels “ |
>1-2.5 |
>1-2.5 |
1 |
2 |
3 |
3 |
3*** |
Exempt |
2 |
|||
|
7 |
2 Parcels “ |
>2.5-10 |
>2.5-10 |
2 |
3 |
4 |
4 |
4 |
2 |
2 |
|||
|
8 |
2 Parcels “ |
>10 |
>10 |
2 |
3 |
4 |
4 |
4 |
3 |
3 |
|||
|
|
|
|
|
||||||||||
|
9 |
3+ Parcels - Residential |
=1** |
=1 |
3 |
3 |
3 |
3 |
4 |
3 |
2 |
|||
|
10 |
3+ Parcels “ |
>1-2.5 |
>1-2.5 |
3 |
3 |
3 |
3 |
4 |
3 |
2 |
|||
|
11 |
3+ Parcels “ |
>2.5-10 |
>2.5-10 |
4 |
4 |
3 |
3 |
4 |
3 |
2 |
|||
|
12 |
3+ Parcels “ |
>10 |
>10 |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
|||
|
|
|
|
|
||||||||||
|
13 |
New Subdivision |
=2.5** |
=2.5 |
3 |
3 |
4 |
4 |
4 |
4 |
3 |
|||
|
14 |
New Subdivision |
>2.5 |
>2.5 |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
|||
|
|
|
|
|
||||||||||
|
15 |
Non-Residential |
-- |
=1 |
3 |
3 |
3 |
3 |
3 |
3 |
3 |
|||
|
16 |
Non-Residential |
-- |
>1-10 |
4 |
4 |
3 |
3 |
4 |
3 |
4 |
|||
|
17 |
Non-Residential |
-- |
>10 |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
|||
Review Level Numbering:
Exempt = No WDS Permit needed; ministerial
action exempt from CEQA (Guidelines Section 15268)
1= Categorical Permit (discretionary and
subject to staff review of CEQA categorical exemption, Guidelines Section 15300
et seq)
2= Administrative Permit (discretionary and
subject to CEQA review, Findings etc)
3= Public Hearing by Hearing Officer
(discretionary and subject to CEQA review, Findings etc)
4= Public Hearing by Board of Directors
(discretionary and subject to CEQA review, Findings etc)
* “SER”
= Sensitive Environmental Receptor defined by Rule 11 (CV alluvium, CR
tributary, Seaside Basin, Pacific Ocean mean high tide)
** Acreages
for 2+ Parcel
systems are analyzed based on total acreage for all Parcels
*** If
applicant submits either a SWRCB “Domestic Registration” or adequate
documentation of riparian rights, then level 2 applies.
Section Seven: Amendment
of Rule 23, Action on Application for a Water Permit to Connect To or Modify an
Existing Water Distribution System
Rule 23-A-1-o shall be
revised as shown in bold italics (bold italics) and strikeout (strikeout):
p. Following project completion, a
final inspection of the project shall be conducted by the District. If the completed project varies from the
permitted project, application for an amended Water Permit is required. When the completed project has fewer fixture
units than the number permitted (Residential Water Permits), or has a smaller
Water Use Capacity than permitted (Non-Residential Water Permits), the
Applicant shall not be required to secure the signature of the authorized
official of the applicable Jurisdiction on the Water Release Form.
Section Eight: Addition
of Rule 23.1, Action on Application for a Water Use Permit on a Benefited
Property
A. The Application and Process for Water Use Permits issued
after May 27, 2004 shall be controlled by this Rule read in conjunction with
Rule 23.5.
B. The following text shall be added as Rule
23.1 -- Action on Application for a Water Use Permit on a Benefited Property:
RULE 23.1 -- ACTION ON APPLICATION FOR A WATER USE PERMIT ON
A BENEFITED PROPERTY
A. PROCESS
1.
Action on Application for a Water Use Permit
a.
The General Manager shall review the application and
determine whether the Applicant has met the criteria for a Water Use
Permit. If additional information is
required to complete the application, the Applicant shall be notified in
writing within thirty (30) days of the initial application.
b.
The General Manager shall ensure that the Assessor’s Parcel
Number of the Benefited Property shown on the Assignment Document matches
the APN(s) shown on the spreadsheet of water purchasers provided to the
District by the Pebble Beach Company.
(1) When the APN(s) shown on the
Assignment Document does not match the spreadsheet of water purchasers, the
General Manager shall notify the Pebble Beach Company of the discrepancy.
(2) When the APN shown on the
Assignment Document is determined to be an error, the Applicant shall submit a
corrected and recorded Assignment Document prior to issuance of a Water Use
Permit.
(3) When the APN shown on the
Assignment Document is determined to be correct and the spreadsheet is in
error, the spreadsheet of water purchasers shall be revised by the
Pebble Beach Company to reflect the correct APN.
c.
The General Manager shall prepare and
execute a Water Use Permit for the APN(s) shown on the Assignment Document.
d.
The original Water Use Permit shall be
mailed to the Applicant.
e.
The District shall retain one copy of the
Water Use Permit and the copy of the Assignment Document.
B. AMENDMENT OF WATER USE
PERMIT
1.
A Water Use Permit may be amended to reflect a Change of Ownership
of a Parcel.
2.
A Water Use Permit may be amended to reflect assignment of
water previously held collectively by two or more Parcels under a Water Use
Permit. A written request for assignment
shall be submitted to the District, along with processing fees and ownership
information sufficient to prepare a new Water Use Permit.
3.
A Water Use Permit may be amended to reflect newly-assigned
Assessor’s Parcel Numbers when a Benefited Property is subdivided into two or
more Parcels. A written request for
amendment shall be submitted to the District, along with processing fees,
evidence of the subdivision approval by
Section Nine: Amendment of Rule 24.5, Connections
for Affordable Housing
Rule 24.5, Connections for
Affordable Housing, shall be revised as shown in bold italics (bold
italics) and strikeout (strikeout):
RULE
24.5 – CONNECTIONS CHARGE EXEMPTIONS FOR AFFORDABLE
HOUSING
A. DEFINITIONS AFFECTING
AFFORDABLE HOUSING
For the purpose of Rule
24.5, the following definitions shall
apply:
1.
Definition of “Moderate Income Household”. The term “Moderate
Income Household” shall mean those individuals or group of individuals living
together as one household, whose combined gross annual income does not exceed
the limits established under the United States Housing Act of 1937, as
determined from time to time by the U.S. Department of Housing and Urban
Development (HUD) in its annual transmittal of income eligibility data for a
“Moderate Income Household” in the Seaside, Monterey, Salinas Standard
Metropolitan Statistical Area Median Family Income as specified in the latest
United States Census and projected to a year of sale by the United States
Department of Housing and Urban Development. “Moderate Income” shall
include all salaries, rents and similar sources of income as well as the
economic value of property, savings, stocks, bonds, and other
assets.
2.
Definition of “Affordable Housing”. The term “Affordable Housing”
shall mean and refer to housing that is affordable to moderate-income
households. Such housing is affordable if the sales price is equal to or
less than three times the maximum annual moderate-income household income; or
if rented, if the annual rent is equal to or less than 25% of the maximum
annual moderate-income household income. “Moderate Income” shall include
all salaries, rents and similar sources of income as well as the economic value
of property, savings, stocks, bonds, and other assets.
The term “Affordable Housing” shall only apply to a “Dwelling Unit” which is
available for private occupancy, but for which ownership and/or occupancy is
restricted by recorded covenant or other deed restriction. This covenant
or restriction shall be enforceable by either the District or the public and
shall limit use of all “Affordable Housing” so that only households of
“Moderate Income” or less shall qualify to occupy these units by purchase, by
rent, or by lease. This covenant or restriction shall comply with the
standards set by the California Department of Housing and Community Development
(HCD) and the Monterey County Housing Authority for resale and occupancy of “Low-Income”
and “Moderate Income” housing, and shall require that the District receive
notice prior to the removal or modification of that deed restriction. The
recorded covenant shall further provide notice to each subsequent owner that
any change of water use from an affordable housing use to any other residential
or Non-Residential use shall constitute an intensification of use which shall
require payment at the then-present value of Connection Charges to the District
both for the intensification of water use capacity and for the increment of
water use which had originally been exempted from the full fee. The
recorded covenant and shall be in a form approved by the District General
Manager. This covenant shall also require the use and maintenance of
water conservation measures as determined by the District General Manager,
which shall, among other things, maximize the use of low-flow fixtures and
drought resistant landscaping.
3.
Definition of “Very Low-Income Household” and “Low-Income Household”.
The terms “Very Low-Income Household” and “Low-Income Household” shall mean
those individuals or group of individuals living together as one household,
whose combined gross annual income for each such group does not exceed the
limits established under the United States Housing Act of 1937, as determined
from time to time by the U.S. Department of Housing and Urban Development (HUD)
in its annual transmittal of income eligibility data. Permissible income
limits shall not exceed the primary criteria to determine applicant eligibility
for Section 8 HUD Public Housing programs. The terms “Very Low-Income”
and “Low-Income” shall include all salaries, rents and similar sources of income
as well as the economic value of property, savings, stocks, bonds, and other
assets.
4.
Definition of “Low-Income Housing”. The term “Low-Income Housing”
shall mean and refer to housing that is affordable to low-income and very
low-income households. Such housing is affordable if the sales price is
equal to or less than three times the maximum annual very low-income household
income; or if rented, if the annual rent is equal to or less than 25% of the
maximum annual very low-income household income.
The term “Low-Income Housing” shall only apply to a “Dwelling Unit” which is
available for private occupancy, but for which ownership and/or occupancy is
restricted by recorded covenant or other deed restriction. This covenant
or restriction shall be enforceable by either the District or the public and
shall limit use of all “Low-Income Housing” so that only households of
“Low-Income” or less shall qualify to occupy these units by purchase, by rent,
or by lease. This covenant or restriction shall comply with the standards
set by the California Department of Housing and Community Development (HCD) and
the Monterey County Housing Authority for resale and occupancy of “Low-Income”
housing, and shall require that the District receive notice prior to the
removal or modification of that deed restriction. The recorded covenant
shall further provide notice to each subsequent owner that any change of water
use from a low-income housing use to any other residential or Non-Residential
use shall constitute an intensification of use which shall require payment at
the then-present value of Connection Charges to the District both for the
intensification of water use capacity and for the increment of water use which
had originally been exempted from the full fee. The recorded covenant
shall be in a form approved by the District General Manager. This
covenant shall also require the use and maintenance of water conservation
measures as determined by the District General Manager, which shall, among other
things, maximize the use of low-flow fixtures and drought resistant
landscaping.
5.
Definition of “Dwelling Unit”. The term “Dwelling Unit” shall mean
single or multiple residences suitable for single household occupancy but shall
not refer to non-permanent student or transient housing, the occupancy of which
is projected to average 24 months or less.
BA. CONNECTION
CHARGE AFFORDABLE PARTIAL FEE EXEMPTION FOR MODERATE
INCOME HOUSING
1.
Partial Fee Exemption for Affordable Housing. Each Residential Connection
which supplies water to a “Dwelling Unit” that is required by deed restriction
to continuously meeting the District’s definition of “Affordable Moderate Income Housing”
shall be exempt from fifty percent (50%) of the Connection Charge required
pursuant to Rule 24. This partial fee exemption shall
only apply to a Dwelling Unit available for private occupancy, and where
ownership and/or occupancy is restricted by deed restrictions recorded by both
the Jurisdiction and the District. during the period that “Dwelling Unit”
continuously meets the definition of “Affordable Housing”. Any
change of water use from an “Affordable Housing” use to any other residential
or Non-Residential use (even if the change is limited to removal or modification
of the required deed restriction), or any transfer to another site, shall
constitute an intensification of use, and shall require the imposition of the
then-current Connection Charge both for the intensification and for that entire
increment of water use
B.
AFFORDABLE FEE EXEMPTION FOR LOW-INCOME HOUSING
EXEMPTION
1. Fee
Exemption for Low-Income Housing.
Each Residential Connection which supplies water to
a “Dwelling Unit” that is required by deed restriction
to continuously meeting the District’s definition of “Low-Income
Housing” shall be exempt from all Connection Charges required pursuant
to Rule 24. This fee exemption shall only
apply to a Dwelling Unit available for private occupancy, and where ownership
and/or occupancy is restricted by deed restrictions recorded by both the
Jurisdiction and the District. The
term “Low-Income Housing” shall only apply to a “Dwelling Unit” which is
available for private occupancy, but for which ownership and/or occupancy is
restricted by recorded covenant or other deed restriction. during the period that the
“Dwelling Unit” continuously meets the definition of “Low-Income
Housing”. Transfer of water use to any other site shall be
prohibited. Any change of water use from a “Low-Income Housing” use to
any other residential or Non-Residential use (even if the change is limited to
removal or modification of the required deed restriction) shall constitute an
intensification of use, and shall require the imposition of the then-current
Connection Charge both for the intensification and for that entire increment of
water use capacity which had been exempted from the original Connection
Charge. All other permit conditions, including processing fees and
surcharges, shall apply to these connections.
C.
CONDITIONS
FOR APPROVAL FOR AFFORDABLE HOUSING CONNECTION CHARGE EXEMPTIONS
1.
All
Connection Charge adjustments granted pursuant to Rule 24.5 shall be enforced
by deed restriction on the title of the property.
a.
Moderate
Income Housing. This deed
restriction shall be enforceable by either the District or the public and shall
limit use of all Moderate Income Housing so that only households of “Moderate Income”
or less shall qualify to occupy these units by purchase, by rent, or by
lease. The recorded deed restriction shall further provide notice to each
subsequent owner that any change from Moderate Income Housing use to any other Residential
or Non-Residential use shall constitute an Intensification of Use which shall
require payment at the then-present value of Connection Charges to the District
both for any Intensified Water Use and for the increment of Water Use Capacity
which had originally been exempted from the full Connection Charge. The
recorded deed restriction shall be in a form approved by the District’s Board
of Directors.
b.
Low-Income
Housing.
This deed restriction shall be enforceable by either the District or the
public and shall limit use of all “Low-Income Housing” so that only households
of “Low-Income” or less shall qualify to occupy these units by purchase, by
rent, or by lease. The recorded deed restriction shall further provide
notice to each subsequent owner that any change from a Low-Income Housing use
to any other Residential or Non-Residential use shall constitute an Intensification
of Use which shall require payment at the then-present value of Connection
Charges to the District both for any Intensified Water Use and for the
increment of Water Use Capacity which had originally been exempted from the
full Connection Charge. The recorded deed restriction shall be in a form
approved by the District’s Board of Directors.
2.
The
Jurisdiction and the property owner shall notify the District of any change in
the Affordable Housing status of the property.
3.
A change
of status from Low-Income Housing to Moderate Income Housing shall constitute
an Intensification of Use, and shall require the imposition of the then-current
Connection Charge both for the increment of Water Use Capacity which had been
exempted from the original Connection Charge and for any increase in Water Use
Capacity.
4.
Any
change of status from Affordable Housing shall constitute an Intensification of
Use, and shall require the imposition of the then-current Connection Charge
both for the entire increment of Water Use Capacity which had been exempted
from the original Connection Charge and for any increase in Water Use
Capacity.
5.
All
other Water Permit conditions, including fees set forth in Rule 60, shall apply
to these Connections.
Section Ten: Amendment of Rule 25.5, Water
Credits
Rule 25.5-F-3-b shall be
revised as shown in bold italics (bold italics):
b. Credit
shall not be given for any reduction which occurs as the result of the removal
of Landscaping installed without a Water Permit or installed pursuant to a Water
Permit for New Construction. An
exception to this limitation shall be made for Non-Residential Landscaping
that was specifically identified, quantified, and permitted by the District. Any Water Use Credit granted under this
subdivision shall be determined using the Estimated Applied Water for the
increment of Landscaping being permanently abandoned.
Section Eleven: Amendment of Rule 60, Fees &
Charges
A. Rule 60, Fees & Charges, shall be revised
as shown in bold italics (bold italics) and strikeout (strikeout):
RULE 60
- FEES &AND CHARGES
A. Purpose. MPWMD shall set administrative fees and charges to meet ongoing operating expenses, including but not limited to, employee wage rates and fringe benefits, and costs of supplies, equipment, materials and services. These fees and charges shall bear a positive correlation to the cost of providing each service, or activity by District staff and/or its agents. Fees and charges not time-based shall remain unchanged unless amended by future action of the Board.
B. Fees &and
Charges Categories. MPWMD shall set administrative fees and
charges for each of the following services or activities: Action on aAny Appeal/Variance,
Action on aAny Permit, Action on any Variance, Compliance
Activity, Conservation or Rationing Activity, Data Search, Document
Preparation, Processing, Document Review or Retrieval, Enforcement
Activity; Research, Staff Consultation, Expanded Water Conservation and
Standby Rationing Plan, Publication Fees, Rationing Liens, Rebate Processing,
River Work Permits, Site Inspection Activities, Water
Entitlement (Water Use Permit Fees), Water Use Credits
and/or On-Site Water Credit Activity, Water Credit Transfer Activity, Water Waste Fees, and
Well Monitoring aActivityies.
C. Table of Fees &and Charges. MPWMD shall maintain a Fees &and Charges
Table providing for all current administrative fees and charges for each Fee &and Charge
Category set by Paragraph B of this Rule.
The Fees and Charges Table, referenced in this Rule and incorporated
into this paragraph as if set forth in full, shall be amended from time to time
by a Resolution duly adopted by the MPWMD Board of Directors. When hours of effort are referenced on the
Fees &and Charges Table, the General Manager shall cause each member of
staff, and each consultant, to maintain a log of all effort expended for that
matter. Effort shall be charged in
increments of one-half (½) hour.
D. Connection Charges. This Rule shall not amend or modify the Connection
Charges or the Water Supply Cost Component as set by Rule 24.
and the process by which administrative fees and charges, and the Fees and
Charges Table referenced in Paragraph C, above, shall not apply to the Water
Supply Cost Component set in Rule 24 C.
[No changes are
proposed for the balance of Rule 60.]
B. The term “and” shall replace any ampersand (&) found within Rule 60.
Section Twelve: General Replacement of Terms
Except where the context
otherwise indicates, the following shall be replaced throughout the District’s
Rules and Regulations:
A. Throughout the Rules and Regulations of the District, the term
“Cal-Am” shall be replaced with “California American Water”.
B. Throughout the Rules and Regulations of the District, the terms
“Dedicated Landscape Water Meter” and “Dedicated Landscape Meter” shall be replaced
with “Dedicated Irrigation Meter.”
C. The term “Flagrant Occurrence” shall be replaced with the term
“Flagrant Violation.”
Section Thirteen: Publication and Application
The provisions
of this ordinance shall cause the republication and amendment of the permanent
Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance
shall take effect at 12:01 a.m. on the 30th day following adoption.
This Ordinance
shall not have a sunset date.
Section Fifteen: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
On motion by Director _______________, and second by
Director ________________, the foregoing ordinance is adopted upon this ___ day
of ______ 2007, by the following vote:
AYES:
NAYS:
ABSENT:
I, David A. Berger, Secretary to the Board of
Directors of the Monterey Peninsula Water Management District, hereby certify
the foregoing is a full, true and correct copy of an ordinance duly adopted on
the ___ day of _________ 2007.
Witness my hand and seal of the Board of Directors
this ________ day of ____________ 2007.
David
A. Berger, Secretary to the Board