EXHIBIT 14-F
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
DRAFT
FINDINGS of APPROVAL
CONSIDER APPLICATION TO CREATE
OCEAN VIEW CSD WATER DISTRIBUTION
SYSTEM
Service Area: APN
001-021-010 through -020; 001-022-023 through -037
Application #20091209OCE, Permit #M10-05-L4
Adopted by MPWMD Board of Directors on April
___, 2010
Unless noted otherwise, all cited documents and
materials are available for review at the MPWMD Office,
It
is hereby found and determined as follows:
1. FINDING: Cannery Row
Marketplace, LLC, a California Limited Liability Company, is identified as
the owner of property located at 457, 465, 470, 484, 565 and 570 Cannery Row in the City of Monterey,
which is the proposed location of a mixed use development known as Ocean View
Plaza Project (OVPP). The subject parcels (APNs 001-021-010 through -020;
001-022-023 through -037) comprise approximately 3.5 acres. In 2005, the Ocean View Community Services
District (OVCSD) was formed by the City of Monterey and approved by the Local
Agency Formation Commission of Monterey County (LAFCO) for the purpose of
providing water to the OVPP via the OVCSD Water Distribution System (designated
herein as “OVWDS”), comprised of an onsite, reverse osmosis seawater
desalination plant and related water production facilities. Once construction
of the OVWDS is completed, Cannery Row Marketplace, LLC, shall dedicate the OVWDS
facilities to the OVCSD. California
American Water (CAW) has formally recognized the OVWDS, and has temporarily
waived its right to serve OVPP under Chapter 8.5 (Service Duplication) of the
California Public Utilities Code, until CAW is able to fully supply OVPP,
pursuant to a 2005 Agreement.
EVIDENCE: MPWMD Permit Application #20091209OCE submitted December 9, 2009
(Permit Application); Grant Deed recorded June 17, 1996, Reel 3384, Pages
752-8; map with legal description of Ocean View Community Services District
dated July 15, 2005; Agreement Concerning
Ocean View Plaza Project dated December 1, 2005 (parties: City of Monterey,
California American Water, and Cannery Row Marketplace, LLC); Resolution No. 05-27 of the Local Agency
Formation Commission of Monterey County Making
Determinations and Approving the Proposed Ocean View Community Services
District Formation, adopted December 27, 2005; Certificate of Resolution of
California American Water Company, adopted April 13, 2006; Judgment, Save Our Waterfront Committee v. City of
2. FINDING: The OVWDS is within the area served by CAW, but CAW does
not currently have the ability to serve the OVPP due to current restrictions on
its water supply. A December 2005
Agreement between the City of Monterey, CAW and Cannery Row Marketplace, which
was incorporated into the December 2005 creation of the OVCSD by LAFCO, requires
the OVCSD to dissolve and the OVWDS to be dismantled when CAW formally notifies
Cannery Row Marketplace that CAW is able to commence full water service to the
OVPP. It is noted that there is an
existing CAW connection at the
EVIDENCE: Permit Application materials as specified in Finding #1.
3. FINDING: The desalination plant and related water system will be
installed pursuant to well construction and water distribution system permits issued
by the Monterey County Health Department (MCHD) and/or California Department of
Public Health (CDPH) and other responsible agencies. Extensive environmental review has been
performed for the OVPP water supply system.
The
proposed OVWDS is comprised of onshore pumps, desalination equipment, water storage
reservoirs, and offshore seawater intake and brine disposal pipelines and
structures. With the exception of the
seawater intake and brine disposal elements, all other components of the
project desalination facility will be located on the project site in the lower
level of bayside Building B (APNs
001-021-016 through 020).
The
reverse osmosis system will be manufactured as a complete, skid-mounted unit
equipped with all necessary piping, instruments, housing, and pumps. Potable water produced by the system will be
pumped into two 75,000-gallon reservoirs located onsite adjacent to the
desalination system, which will be capable of storing a three-day supply at
maximum daily demand of 50,000 gallons per day (gpd) (or six days at average
daily demand of 25,000 gallons gpd, 12 days at the demand expected during any
emergency requiring water conservation). The reservoirs will consist of rectangular
poured-in-place concrete basins. From
the reservoirs, water will be pumped to a 1,000-gallon hydro-pneumatic tank,
located adjacent to the desalination facility, which will deliver pressurized
water to the project’s potable water delivery system. The proposed desalination facility will be
designed to meet the average demand of 25,000 gpd, which is equivalent to a
project demand of approximately 27.89 AFY.
The
seawater intake and discharge design will include two six-inch diameter intake
pipes, to which one emergency intake line will be connected, and one six-inch
diameter discharge pipe. These pipelines
will be installed by first directionally drilling a 20-inch bore hole from the
inland side of the site to a location roughly 350 feet offshore where the bore
will exit the underlying granite formation adjacent to a submarine sand channel
on the ocean floor in about 25 feet of water. The one discharge pipe and the two intake
pipes will then be bundled together and pulled into the bore hole. At the exit point of the bore, permanent
collar anchors will be installed around the pipes and six-inch diameter pipe
extensions extending further seaward will be attached to each of the three
pipes. These pipe extensions will be
jetted two to three feet into the surficial sediment of the sandy bottom (by
divers using air hoses) where they will be anchored in place using concrete
weights, and they will be re-covered (buried) with sandy bottom sediments. The one discharge pipe will be extended in
this manner approximately 850 additional feet to a point roughly 1,200 feet
offshore in about 50 feet of water, where it will daylight about one to two
feet above the ocean floor and into the water column. The two intake pipelines will also be extended
in this manner approximately 450 beyond the bore exit point to a point roughly
800 feet offshore where they will extend into a concrete vault at a water depth
of about 40 feet.
The
concrete vault (approximately 15 feet in length, 6 feet wide, and 6 feet high
and consisting of two chambers) will be assembled onshore, and jetted into the
seabed floor and re-covered (buried) with sandy bottom sediments in a similar
manner as the pipes. The larger chamber
of the vault will be filled with sand, and the smaller chamber will be open;
the sand-filled chamber will be where seawater is pulled through the sand
filter, and the smaller chamber will be fitted with a cover to allow for diver
access to the vault and to allow for removal of pipeline inspection gauges
(“pigs”) sent through the intake pipes for cleaning and maintenance purposes.
The
pipes will be reburied under two to three feet of sediment at the bore hole
exit, and up to six to seven feet where the pipes enter the vault, and that the
vault itself will be reburied under six inches to two feet of sediment.
A
six-inch emergency intake pipe riser will be attached to the two intake pipes
through a Y-valve near the concrete vault, and it will be extended so that it
will daylight about one to two feet above the ocean floor and into the water
column. This intake pipe will be fitted
with a velocity cap to limit maximum intake to no more than 0.2 feet per
second, and it will be perforated with 1-inch diameter, screened ports through
which seawater will be drawn.
All of
the 27.89 AFY produced by the desalination plant will be used within the OVPP.
EVIDENCE: Permit Application as
specified in Finding #1 including all attachments (environmental and technical
documents); Draft Environmental Impact Report (EIR) for Ocean View Plaza
Project dated April 2001, State Clearinghouse (SCH) #2000041035; Final EIR for Ocean
View Plaza Project dated August 2001; Supplement Addendum to Final EIR dated
December 2001; Final Recirculated EIR dated March 2002; Draft Supplement EIR
dated March 2004; Final Supplement EIR dated May 2004; Notice of Final
Determination filed by the City of Monterey on June 2, 2004; City of Monterey
Use Permit 00-019; Ocean View Plaza City Council Statement of Overriding
Considerations approved June 1, 2004; Ocean View Plaza City Council Findings
approved June 1, 2004; Mitigation Monitoring Table approved June 1, 2004; Ocean
View Plaza City Council Conditions of Approval approved June 1, 2004;
Resolution No. 04-116 of the City of Monterey Ratifying Statement of Overriding
Considerations, Findings and Mitigation Monitoring Table for Ocean View Plaza,
Mixed Use Project at 470, 565 and 580 Cannery Row adopted July 20, 2004; Judgment,
Save Our Waterfront Committee v. City of
Monterey, et al., Monterey County Superior Court Case No. M78054; Opinion, Save Our Waterfront Committee v. City of
Monterey, et al., California Sixth District Appellate Court Case No.
H031180; Map with legal description of Ocean View Community Service District,
dated July 15, 2005; Ocean View Plaza Bay Level Plan, dated October 9, 2003;
Agreement Concerning Ocean View Plaza Project dated December 1, 2005;
Resolution No. 05-27 of the Local Agency Formation Commission of Monterey
County Making Determinations and Approving the Proposed Ocean View Community
Services District Formation, adopted December 27, 2005; Certificate of
Resolution of California-American Water Company, adopted April 13, 2006. Regional
Water Quality Control Board (RWQCB) Order No. R3-2007-0040; NPDES Permit No.
CA0050016.
4. FINDING: Applicant has applied to MPWMD for a permit to create the
OVWDS described in Finding #1. The desalination facility will provide water
only for the OVPP, with an estimated water demand of 27.89 AFY.
EVIDENCE: Permit application as specified in
Finding #1, including water demand estimates.
5. FINDING: Based on District staff analysis of the engineering,
hydrogeologic and environmental data provided in the application, 27.89 AFY has
been set as the annual production limit for the OVWDS specified in Finding #1. An
additional loss factor for water conveyance or treatment was not applied due to
onsite water delivery and characteristics of the desalination plant.
EVIDENCE: Permit application materials specified in Findings #1 and #3, including
technical and environmental review documents; MPWMD Permit #M10-05-L4,
Condition of Approval #3.
6. FINDING: The application to create the OVWDS, along with supporting materials, is in accordance with District Rules 21 and 22.
EVIDENCE: Permit application materials specified
in Findings #1 and #3.
Required Findings (MPWMD Rule 22-B)
7. FINDING: The approval of the permit would not cause unnecessary
duplication of water service with any existing system. The subject property is within the areas
served by CAW, but CAW is not able to provide water to the subject property due
to current limitations imposed by State Water Resources Control Board (SWRCB)
Order WR 95-10 and the need to reduce CAW diversions from the
EVIDENCE: Permit Application materials specified in Finding #2.
8. FINDING: The approval of the permit would not result in water
importation or exportation to or from the MPWMD, respectively. The referenced OVWDS
service area parcels are located wholly within the MPWMD [Rule 22-B-2]
EVIDENCE: MPWMD boundary location maps.
9. FINDING: Approval of the application would not result in
significant adverse impacts to Sensitive Environmental Receptors (SER) as
defined by MPWMD Rule 11, including the
EVIDENCE: Permit Application materials as
specified in Findings #1 and #3, including all cited environmental, technical,
legal and regulatory documents. MPWMD
Permit #M10-05-L4, Conditions of Approval; MPWMD Notice of Determination for
OVWDS dated April ___,
2010.
10. FINDING: The
application adequately identifies the right of the OVPP property owner to the
source of water supply for the OVPP, and provides supporting verification. [Rule
22-B-4]
EVIDENCE: Permit Application materials as
specified in Findings #1 and #3.
11. FINDING: The
application demonstrates existence of a long-term reliable source of water
supply for the proposed use of up to 27.89 AFY; the desalination plant includes
numerous redundancies in design to ensure reliability. [Rule 22-B-5]
EVIDENCE: Hydrogeologic assessments
and engineering analyses included in Permit Application materials specified in
Findings #1 and #3.
12. FINDING: The
source of supply is the
EVIDENCE: Hydrogeologic assessment and
environmental review documents included in Permit Application materials as
specified in Findings #1 and #3.
13. FINDING: The
source of supply for the subject parcel is not derived from the Carmel Valley
Alluvial Aquifer or the Monterey Peninsula Water Resource System. The source of supply (
EVIDENCE: MPWMD map showing boundaries of project
site and jurisdiction of SWRCB superimposed on
14. FINDING: MPWMD
Permit #M10-05-L4 does not allow a permanent intertie to any other water
distribution system. The proposed OVWDS will be limited to a physically and
legally separate system, and may not be connected to the CAW system at any time
unless written permission from MPWMD is obtained. Temporary water service may be provided
through a mobile provider in a non-fire emergency such as system failure
pursuant to MPWMD regulations. Fire-suppression
within the OVWDS service area will be provided by CAW. A separate standby CAW meter solely for
emergency fire sprinklers in the OVPP buildings is allowed because OVPP is
within the CAW service area. [Rule
22-B-8]
EVIDENCE: Map of CAW service area; MPWMD Permit #M10-05-L4, Condition
of Approval #13; MPWMD Rules & Regulations.
15. FINDING: A
back-flow protection device to prevent contamination of the CAW system is
required, only if deemed necessary by CAW.
[Rule 22-B-9]
EVIDENCE: Map of CAW service area; MPWMD Permit #M10-05-L4, Condition of
Approval #14.
Minimum Standards for Granting a Permit
(MPWMD Rule 22-C)
16. FINDING: The
application adequately identifies the Responsible Party as the owners listed in
Finding #1. [Rule 22-C-1]
EVIDENCE: Permit Application Form and Grant Deed specified
in Finding #1.
17. FINDING: The
application meets the definition of a “Multiple-Parcel Connection System” and
will provide water for numerous uses; the water quality is expected to comply
with California Title 22 water quality standards as administered by County and
State health authorities. [Rule 22-C-2]
EVIDENCE: Permit Application materials as
specified in Findings #1 and #3. MPWMD Permit
#M10-05-L4, Conditions of Approval #1 through #4, and #15; California Administrative
Code, Title 22.
18. FINDING: The
application identifies the location of the source of supply for the water
distribution system (water source and source site). [Rule 22-C-3]
EVIDENCE: Permit Application as specified in
Finding #1, including location map. MPWMD
Permit #M10-05-L4, Condition of Approval #4.
19. FINDING: The
approval of the application would not create an overdraft or increase an
existing overdraft of a groundwater basin.
In the event of system failure, emergency back-up supplies will not be
drawn from the
EVIDENCE: Hydrogeologic assessment and
environmental review documents included in Permit Application materials as
specified in Findings #1 and #3. MPWMD Permit #M10-05-L4, Conditions of
Approval #13 and #15.
20. FINDING: The
approval of the application would not adversely affect the ability of existing
systems to provide water to users due to conditions of approval by MPWMD and
other entities, based on certified environmental review documents. Within approximately eight feet of discharge,
the water salinity returns to within about 2 percent (0.6 ppt) of ambient
seawater concentrations. [Rule 22-C-5]
EVIDENCE: Hydrogeologic assessment and
environmental review documents included in Permit Application materials as
specified in Findings #1 and #3. MPWMD Permit #M10-05-L4, Conditions of
Approval.
Compliance with
21. FINDING: In
the review of this application, MPWMD has followed those guidelines adopted by
the State of
MPWMD
Board members have been provided copies of pertinent sections of environmental
documents related to water for review prior to the public hearing on the OVWDS. The documents include portions of: Draft EIR
for OVPP dated April 2001, SCH #2000041035 (Summary, Project Description, Water
Supply, and Water Quality); Final EIR for OVPP dated August 2001 (text
amendments to water-related sections). The MPWMD Board has reviewed the
environmental information and relied on the information as part of its
decision-making on this matter. The
MPWMD was provided copies of the 2002 and 2004 Supplements to the 2001 Final
EIR, but they did not include water-related issues. They focused on traffic and alternative OVPP
configurations (density and design).
Thus, to the MPWMD Board was not provided excerpts from: Supplement Addendum to Final EIR dated
December 2001; Final Recirculated EIR dated March 2002; Draft Supplement EIR
dated March 2004; and the Final Supplement EIR dated May 2004.
EVIDENCE: CEQA and CEQA Guidelines, Section 15096. Permit Application materials as specified in
Findings #1 and #3, including all cited environmental, technical, legal and
regulatory documents. MPWMD Notice of Determination
for OVWDS dated April ___,
2010, as directed by the MPWMD Board at a public hearing on April __, 2010.
22. FINDING: Pursuant
to CEQA Section 15091, the MPWMD Board finds that the project will not
have a significant effect on the environment, based on the documentation cited
in Finding #21. Mitigation measures are
not made as conditions of approval by MPWMD for this action. The full record
for the “Ocean View Plaza Project” can be reviewed at the offices of the City
of
EVIDENCE: Findings and Evidence provided in
Finding #21 above. MPWMD Notice of Determination dated April ___, 2010 as described in Finding
#21.
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