EXHIBIT 3-A

 

First Conceptual Draft prepared June 11, 2009

 

 

ORDINANCE NO. XX

 

An Ordinance of the Board of Directors of the

Monterey Peninsula Water Management District

Creating an Exemption for Pre-Existing, Non-Conforming Uses in  the Regulation of Water Distribution Systems (Rule 20-C)

 

FINDINGS

 

1.         The Water Peninsula Water Management District (MPWMD or District) is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.

 

2.         The Water Management District has enacted, by ordinance, a set of Rules and Regulations to implement its statutory authority.  District Rule 11 defines the terms used in the regulation of Water Distribution Systems (WDS).  District Rules 20, 22, 40, 54-56 and 173 further define procedural and substantive rules that regulate these systems.  Although these rules have been amended from time to time, the fundamental scope of these regulations was first enacted in the early 1980s.  Significant refinements, changes and additions to the rules and regulations governing water distribution systems were adopted as part of Ordinance No. 96 in March 2001, as part of Ordinance No. 105 in December 2002, and as part of Ordinance No. 122 in August 2005.

 

3.         From time to time, certain unique situations arise where normal application of the MPWMD Rules & Regulations are not reasonable in that a permit would be required pursuant to one MPWMD rule to retroactively approve a project already approved by MPWMD in compliance with another MWPMD rule, as well as by other local governmental agencies.  In some cases the approved structures have already been constructed and occupied for several years.  An exemption to the need for a WDS permit in certain unique situations is being considered by the District Board to address this situation.

 

4.         Ordinance No. XX would create a new category of exemption (Rule 20-C-12) that would not require a WDS permit for a pre-existing, non-conforming WDS that involve a unique and substantive history of use, including completion of all of the following actions within specified time frames: (a) completion of the well (or other source of supply) based on proper County approvals to construct the well which serves the WDS; (b) Health Department permits for a water system for multiple connections, as applicable; (c) proper registration and metering of the well with MPWMD, and compliance with annual reporting requirements; (d) Water Permits issued by MPWMD for homes or businesses served by the WDS; (e) use permits, building permits and/or related approvals by the local jurisdiction in which the parcel is located; and (f) construction and occupancy of the approved structures. This ordinance addresses situations where, for unknown reasons, the normal protocol specified in the MPWMD Rules & Regulations were not stringently followed in the past.

 

5.         The Water Management District Board of Directors determines that this ordinance is exempt from the California Environmental Quality Act (CEQA), based on CEQA Guidelines Section 15301, Existing Facilities.  Adoption of this ordinance would not enable any new use that has not already been established for several years.  Pursuant to Rules 20 and 22, any change from the pre-existing situation would require a permit to amend the WDS. 

 

6.         This ordinance shall amend Rule 20 of the Rules and Regulations of the Water Management District.

 

NOW THEREFORE be it ordained as follows:

 

 

ORDINANCE

 

Section One:               Short Title

 

This ordinance shall be known as the Pre-Existing, Non-Conforming Water Distribution System Exemption Ordinance (Rule 20-C).

 

Section Two:               Purpose

 

This ordinance shall revise the permanent Rules and Regulations of the Water Management District to clarify procedures and exemptions that affect creation or amendment of water distribution systems.

 

Section Three:            Amendment of Rule 20 (Permits Required)

 

District Rule 20 shall be amended by deleting the following provisions shown in strikeout text (strikeout), and by adding the following provisions set forth in italicized and bold face type (bold face). 

RULE 20.       PERMITS REQUIRED

  

[There are no changes proposed for Rule 20-A, 20-B, or 20-D.]

 

 

C.        EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM PERMIT

 

An MPWMD Water Distribution System Permit is not required for the following situations:

 

1.         For properties that lie outside the District boundary, where both: (a) the property to be served is wholly outside of the boundaries of the Monterey Peninsula Water Management District; and (b) the water source is also located outside of the District boundary. 

 

2.         For properties that straddle the District boundary, where both: (a) the portion of the property served by the Water Distribution System is outside of the District boundary; and (b) the Source of Supply is outside of the District boundary.

 

3.         A system that meets all of the following criteria: (a) well site is located outside of the Carmel River Basin and the Seaside Groundwater Basin 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 in size; (c) property is located outside of the California American Water Service Area as shown in maps provided in the Implementation Guidelines or is not served by California American Water by a remote meter; (d) well site is located more than 1,000 feet from any Sensitive Environmental Receptor as defined in Rule 11; and (e) well site is located more than 1,000 feet from an existing Well that is registered with the District and/or included in the District well database at the time of the application.  The Carmel River Basin and Seaside Groundwater Basin are defined in Rule 11, Definitions.

 

4.         For a Single-Parcel Connection System located within the Carmel River Basin that meets all of the following three criteria: (a) the well location lies outside of the mapped area 1,000 feet from the Carmel Valley Alluvial Aquifer or 1,000 feet from Tularcitos, Hitchcock Canyon, Garzas, Robinson Canyon or Potrero Creeks; (b) a valid well construction permit by the Monterey County Health Department was issued prior to January 15, 2003; and (c) the Applicant makes the Well active, registers the Well with MPWMD, meters the Well, has the Well inspected by MPWMD, and receives an approved MPWMD Water Meter Installation Inspection form issued on or before June 30, 2003.

5.         To Reactivate, Refurbish or Replace existing Wells that are registered with the District, as defined in Rule 11.  To qualify for this exemption, the Reactivated, Refurbished or Replacement Well must have substantially the same purpose and Capacity of the structure replaced.  The replacement structure must be consistent with other MPWMD Rules and Regulations.  This exemption from the MPWMD permitting process does not affect in any way the Applicant’s obligation to comply with permit requirements by other regional, state or federal agencies.  This exemption shall not apply to an Abandoned Well, or replacement of an Abandoned Well, or Wells that have been Inactive for more than 10 years.

 

6.         For On-Site Cisterns that serve existing single-parcel connections, (i.e. Residential situations where rainwater is captured for On-Site landscape irrigation use).

 

7.         For deliveries of water by commercial companies in volumes less than or equal to 55 gallons per container.

 

8.         For an existing or future new Irrigation System, owned and operated by MPWMD, which exists solely to irrigate riparian vegetation in the Carmel River Riparian Corridor as part of the MPWMD Water Allocation Program EIR Mitigation Program.

 

9.         For an existing, expanded or new non-MPWMD Irrigation System that is served by a Well completed prior to January 15, 2003 with the purpose to irrigate riparian vegetation in the Carmel River Riparian Corridor pursuant to conditions of approval of an MPWMD River Work Permit, a contract with MPWMD, or any other irrigation use approved by the District.  This exemption does not apply to Irrigation Systems that are served by Wells completed on or after January 15, 2003. 

 

10.              For a Water Distribution System in existence prior to April 18, 2001 that is comprised of multiple, contiguous Parcels owned by the same owner.  Such a system may be referred to as “pre-existing Multiple-Parcel Connection System.”  However, any amendments to such a Water Distribution System on or after April 18, 2001 must be permitted by the District pursuant to Rule 22.

 

11.       For a Water Distribution System that serves water to Parcels within the Former Fort Ord Lands within MPWMD, but that does not derive water from the Seaside Groundwater Basin or the Carmel River Basin, including the Carmel Valley Alluvial Aquifer.

 

12.       For a pre-existing, non-conforming Water Distribution System that involves a unique and substantive history of use, including completion of all of the following actions within the specified time frames as follows: (a) completion of the source of supply (typically a Well, but not limited to a Well) prior to April 2001, based on proper County approvals to construct the Well; (b) Monterey County Health Department permit for a water system for multiple connections, as applicable, issued at least five years prior to the effective date of this ordinance (i.e., before _______ 2004); (c) proper registration and metering of the well as confirmed by MPWMD at least five years prior to the effective date of this ordinance, and compliance with annual MPWMD reporting requirements; (d) obtain Water Permit(s) from MPWMD for homes or businesses served by the water system issued at least five years prior to the effective date of this ordinance; (e) obtain use permits, building permits and/or related approvals from the local jurisdiction in which the parcel is located at least five years prior to the effective date of this ordinance; and (f) construct and occupy the approved structures for at least three years prior to the effective date of this ordinance.  This exemption is for the pre-existing situation only, and does not allow any substantive change in water production, water production facilities, and types of uses served.  Baseline system limits shall be identified pursuant to Rule 40.

 

13.       Any exemption pursuant to this Rule 20-C, however, shall not be construed to exempt the facility or its Owner or Operator from any other requirement set forth in these MPWMD Rules and Regulations, or any other regulatory or legal requirement.

 

Section Four:              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.

 

Section titles and captions are provided for convenience and shall not be construed to limit the application of the text.

 

Section Five:              Effective Date and Sunset

 

This ordinance shall be given effect at 12:01 a.m. on the 30th day following the date of its adoption on second reading. 

 

Section Six:                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 of Director Pendergrass, and second by Director Edwards, the foregoing ordinance is adopted upon this ___ day of _____, 2009 by the following vote:

 

AYES:             Directors _____

 

NAYS: Directors _____

 

ABSENT:        Directors _____

 

I, Darby Fuerst, 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 _____, 2009.

 

Witness my hand and seal of the Board of Directors this ____ day of _____, 2009.

 

 

                                                           

____________________________________

                                                            Darby Fuerst, Secretary to the Board

 

 

 

 

 

 

U:\staff\word\committees\RulesRegsReview\2009\20090618\03\item3_exh3a.doc

Prepared 6/11/2009