EXHIBIT 9-E
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
CONDITIONS OF APPROVAL TO
AMEND
Application #20071212CVR-L4
MPWMD Permit #M08-02-L4
Permittee:
Permitted System:
Property Owner:
Adopted by MPWMD Board on September ___, 2008 Pursuant to
Rule 22-D.
1. The California American Water (CAW) Water
Distribution System (Permitted System) is authorized by the Monterey Peninsula
Water Management District (MPWMD) under Permit #M08-02-L4 to amend its service area boundary to include the area of the
proposed Carmel Valley Ranch subdivision which has been approved by
Monterey County to be subdivided into 12 residential lots, specifically
annexation of the portion of the 218-acre
parcel identified as Assessor’s Parcel Number (APN) 416-522-020, which
is not already served by CAW. The area
to be serviced is shown in Attachment 1. [Rule 22-D-1-a]
2. The Permittee is authorized by MPWMD under this Permit to provide potable water for domestic use, including residential use and associated landscaping, in compliance with Monterey County Combined Development Permit #PLN020280 and associated County Board Resolution 06-366. [Rule 22-D-1-b]
3. There
shall be no change to the current CAW system capacity limit (“production
limit”) that governs the CAW system, including allowed diversions from the
4.
The
source of water for the Permitted System is the existing CAW water distribution
system with wells located throughout the District, but the subdivision would be
primarily served by the Carmel Valley Alluvial Aquifer (CVAA). [Rule 22-C-3]
Additional
Mandatory Conditions of Approval (Required by MPWMD Rules)
5. No other agency approvals are
specifically identified as being required before this permit is valid. [Rule
22-D-1-c] However, precedent to use of this
permit, Permittee shall first obtain and comply with any required approval from
the local jurisdiction in which the property is located, as applicable. [Rule 22-D-3]
6. Permittee and Property Owner shall
execute an Indemnification Agreement, provided as Attachment 2, which holds the District
harmless and promises to defend the District from any claims, demands, or
expenses of any nature or kind arising from or in any way related to the
District approval of the Permitted System or the adequacy of the system water
supply. This permit is not valid until
the Indemnification Agreement is signed both by Permittee and MPWMD. The Indemnification Agreement must be signed
within 60 days of the date of approval shown (see top of page 1) for this
permit to remain valid. [Rule 22-D-1-d]
7. Permittee shall comply with District
rules relating to water well registration, metering and annual reporting of
production (MPWMD Rules 52 and 54). [Rule 22-D-1-e; Rule 22-D-2]
8. The Permitted System shall report
production by the Water Meter Method (MPWMD Rule 56) for the wells designated
in Condition #4. [Rule 22-D-1-e; Rule
22-D-2]
9. Permittee and Property Owner shall
comply with all MPWMD water conservation ordinances that pertain to CAW
customers for domestic use. Current ordinances specify maximum water use rates
for fixtures and require new development to install drought-resistant
landscapes, and drip irrigation, where appropriate. Contact with the District Permit and
Conservation Office is recommended during project planning. [Rule 22-D-1-f]
10. No new water meter connections to the Permitted System may be set until a water connection permit has been secured from MPWMD for each connection in accordance with MPWMD regulations governing issuance of water connection permits. Connection charges shall be calculated based on water demand estimates using the District’s water demand methodology at the time of the application. [Rule 22-D-1-g]
11. Any intensification or expansion within
the Permitted System shall require a new application and permit pursuant to
MPWMD Rules 23 and 24. [Rule 22-D-1-k]
12. Any new facilities, expansion of service
area boundaries, changed conditions regarding water service by other entities,
increase in the production or connection limits set in Condition #3, or other
changes described in MPWMD Rule 22-E shall require a permit to amend the Permitted
System. [Rule 22-E]
13. No
permanent intertie between the Permitted System and any other system shall be
allowed. The Permitted System may
receive trucked-in water in a non-fire emergency, system failure or similar
short-term critical event. Use of
trucked-in water shall be guided by MPWMD Rule 173. The subject parcel will be annexed into the
CAW service area and may receive CAW water for emergency fire service. [Rule 22-D-1-h]
14. A
back-flow protection device to prevent contamination of the CAW system is not required
as the subject parcel will be served by CAW. [Rule 22-D-1-h]
15. Because the Permitted System is a
regulated public utility that provides water to nearly 39,000 customers via an
extensive water system, compliance with California Title 22 drinking water
standards is already required by State Health authorities. [Rule 22-C-2]
16. Permittee is not required to carry out
specific mitigation measures above and beyond those already required by
Monterey County in its adopted Mitigation Monitoring Plan for the 12-lot
subdivision (Monterey County Combined Development Permit #PLN020280 and
associated Resolution 06-366 dated
December 19, 2006) to offset
adverse environmental impacts; these documents are incorporated herein by
reference. [Rule 22-D-1-i]
17. Permittee is not required to provide a
copy of an agreement to serve water to recipient parcels because the Permitted System
is a regulated public utility. [Rule
22-D-1-j]
18. Upon District approval of this permit,
Permittee shall pay to the District the invoiced cost for MPWMD staff, attorney
and consultant time spent to process the permit subsequent to the application
date, if required. The applicant is not
charged for the first 40 hours of staff time or equivalent. The applicant will
be provided documentation to support the invoiced amount. This permit is not
valid until payment for the invoiced amount is received by MPWMD. The payment must be received within 60 days of
the date of approval (see top of page 1) for this permit to remain valid. [Rule 22-D-1-l]
19. Upon finalization of these conditions,
the Permittee and Property Owner shall sign and notarize a form regarding
acceptance of these Permit conditions for approval of the Permitted
System. By signing the form, Permittee
acknowledges that Permittee understands and accepts these conditions as a
binding part of the permit approval, and agrees to carry them out faithfully. This permit is not valid until the signed
acceptance form has been received by MPWMD. The Acceptance Form must be received within 60
days of the date of approval (see top of page 1) for this permit to remain
valid. [Rule 22-D-1-m]
20. Permittee and/or Property Owner shall
disclose to any future owner, successors and assigns of the property described
in Condition #1 (including owners of the 12 future lots) the requirements for
the Permitted System associated with this permit. MPWMD shall be advised in a
timely manner of any changes in system ownership, system name, or other
substantive changes to the system to facilitate accurate record-keeping. [Rule 22-D-2]
21. Construction tasks for water facilities
authorized by this permit shall be initiated within one year from the date this
permit is issued, if applicable. This
permit shall expire if no action is taken within that year. However, because Permit #M08-02-L4 does not
involve construction tasks for water facilities, this condition shall not
apply. Permitted construction tasks for
water facilities, if any, shall be completed and water distribution system
operation shall commence within two years from the date this permit is
issued. Permittee may apply in writing
to the MPWMD General Manager for a 180-day extension to the project initiation
deadline and/or the system operation deadline, to be approved at the discretion
of the General Manager. [Rule 22-D-4]
22.
Permittee
shall ensure that the Property Owner of parcel APN 416-522-020 shall execute a
Deed Restriction prepared by MPWMD regarding the limitation on water use as set
forth in these conditions. Permittee
shall pay all fees associated with preparation, review and recording of the
Deed Restriction. The Deed Restriction
must be signed and notarized by the parcel owner, and accepted by the Monterey
County Recorder for processing before a signed WDS permit from MPWMD is
transmitted to the Permittee. [Rule 22-D-1-n]
23. The permit granted herein is subject to
revocation in the event applicant does not fully comply with each and every
condition set forth in this Permit #M08-02-L4. [Rule 22-D-1-o]
Other
Conditions of Approval
24. Nothing in this permit shall be construed
to grant or confirm any water right.
25. This permit does not authorize any act
that results in the taking of a threatened or endangered species or any act
which is now prohibited, or becomes prohibited in the future, under either the
California Endangered Species Act (Fish and Game Code Sections 2050 to 2097) or
the federal Endangered Species Act (16 U.S.C.A. Sections 1531 to 1544). If a “take” will result from any act
authorized under this permit, the Permittee shall obtain authorization for an
incidental take prior to construction or operation of the project. Permittee shall be responsible for meeting
all requirements of the applicable Endangered Species Act for the project
authorized under this permit.
Special Conditions of Approval
26.
When
the final map is recorded for the approved subdivision of parcel APN
416-522-020 and creates 12 separate, new, legal lots, the Permittee and Property
Owner shall ensure that a deed restriction prepared by MPWMD is recorded for
each of the 12 new lots that attaches these Conditions of Approval and states
the total metered CAW water consumption for the 12 lots combined shall not
exceed 8.807 acre-feet in a water year (October 1 through September 30). The
metered annual water use for each of the 12 lots shall be reported to MPWMD in
October of each year. If the water
demand of the 12 lots combined exceeds 8.807 AFY, the District shall take
action to ensure conservation or other appropriate measures are carried out to
bring the total below 8.807 AFY, consistent with its current rules and
policies. The MPWMD deed restriction
shall reiterate Monterey County Project File No. PLN020280, County Board
Resolution No. 06-366, conditions of approval related to water use including:
(a) A notice shall be recorded on the deed
for each lot stating: “All new
construction shall incorporate the use of low water use plumbing fixtures and
drought tolerant landscaping, in accordance with County Water Resources Agency
Ordinance No. 3932.” [
(b) A notice shall be recorded on the deed
for each lot stating: “The front yards
of all homes shall be landscaped at the time of construction. Low water use or drought tolerant plants
shall be used together with water efficient irrigation systems.” [
(c) The applicant shall provide to the Water
Resources Agency a Water balance analysis describing the pre-development and
post-development water use on the property.
Any proposed increase in the water use shall require the identification
and implementation of mitigation measures, if feasible, by the applicant. [
(d) The applicant shall provide the Water
Resources Agency with a copy of the subdivision Covenants, Conditions and
Restrictions containing the following provisions from Monterey County Ordinance
No. 3932: “All new construction shall incorporate
the use of low water use plumbing fixtures including, where applicable, hot
water recirculation systems; the front yards of all homes shall be landscaped
at the time of construction; low water use or drought tolerant plants shall be used
together with water efficient irrigation systems; leak repair is the property
owner’s responsibility; vehicle and building washing shall use hoses equipped
with shutoff nozzles; no potable water to be used for sidewalk washing; no
water spillage into streets, curbs, and gutters; no emptying or refilling of
swimming pools except for structural repairs or if required for public health
regulations; no fountains unless water is recycled within the fountain.” [
(e) A final analysis of water availability
must be conducted by staff in order to provide absolute assurance of availability
of water for the project. The analysis
shall include review of information submitted by the Law Office of Michael
Stamp at the public hearing on December 19, 2006. [
27. The Permittee shall provide a copy of the California Public Utilities Commission (CPUC) concurrence of CAW’s annexation of the subject parcel (Advice Letter) within 30 days of the date of issuance by the CPUC for this MPWMD permit to remain valid.
28. The Permittee and property owner shall provide to the District a copy of all pertinent water related reports and documents associated with the 12-lot subdivision, including those required by Monterey County as enumerated in Condition #26 above. The MPWMD shall have reasonable access to the 12 future lots to perform water-related inspections, as necessary.
ATTACHMENT
1 – Figure of service area for Permitted System
ATTACHMENT
2 – Indemnification Agreement
U:\staff\word\boardpacket\2008\2008boardpackets\20080922\PublicHrgs\09\item9_exh9e.doc