EXHIBIT 4-B

 

RULE 23 - ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING A WATER DISTRIBUTION SYSTEM

 

A.  PROCESS

 

            1.         New water permit.     

 

a.         The General Manager shall review the application and determine whether the applicant has met the criteria for a water 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 determine if the District has temporarily delayed the issuance of new water permits pursuant to Regulation XV.  If a temporary delay is in place that effects the application, no water permit shall be processed and the application shall be returned to the applicant.  Exceptions to this rule shall be made for permit applications for a new water meter for a fire suppression system or to individually meter uses previously metered by one water meter (i.e. meter split) unless otherwise determined by action of the Board of Directors.

 

c.         The General Manager shall not process a water permit when any portion of the Site lies outside of the affected water distribution system service area.

 

d.         The General Manager shall not process a water permit when there is a previously issued permit for a completed project on the application Site and a final inspection by the District has not been conducted and/or where the property is not in compliance with District Rules and Regulations or conditions attached to previous District permits.

 

e.         The General Manager shall calculate the appropriate connection charge for the project using Rule 24, Calculation of Water Use Capacity and Connection Charge.

 

f.          When the application involves an Intensification of Use, the General Manager shall ensure that  the total quantity of water permitted for all projects, including the current application, within a Jurisdiction does shall not exceed that Jurisdiction’s total water allocation.  Similarly, for projects not subject to a jurisdiction’s water allocation, the General Manager shall ensure that the total quantity of water permitted for all projects, including the current application, does not exceed the production limit and/or connection limit of the water distribution system serving the project Site.

 

g.         When the Adjusted Water Use Capacity as determined in Rule 24 is a positive number, that amount of water shall be deducted from the jurisdiction or entitlement as authorized on the Water Release Form.  If additional water is required to meet the Adjusted Water Use Capacity of the project and the applicant is unable to reduce the Adjusted Water Use Capacity by , the application shall be denied and returned to the applicant to secure additional water resources.

 

g.         Intensification of use allowed by a water permit shall result in a deduction from a Jurisdiction’s Allocation (for projects served by the main Cal-Am system), from a water entitlement available to the property, or from the total available production limit for that water distribution system.  Each project, which allows new, modified, or intensified water use shall require water permit.  Adjustments under this paragraph shall occur as necessary to ensure that the District’s records relating to the project as built reflects the correct water fixtures and/or use. 

 

h.         In the absence of special circumstances or undue hardship, the General Manager shall not issue a water permit which results in the installation of a new water meter that serves water to more than one user.  Multiple users shall apply for separate water permits pursuant to this rule.  This provision, however, shall not prevent the issuance of a water permit which allows a single user to extend incidental water use (e.g. to a single bar sink).

This provision shall be construed to enable the issuance of a water permit required by reason of a change in occupancy or use of an
existing structure without a requirement to install separate water meters for each separate use or user provided no substantial structural modifications are necessary to facilitate the changed use.  Any such application shall nonetheless be processed in accord with Rule 24 (Water Permit Process).

 

i.          When the application involves recordation of the notices on the title of the property, all notices shall be recorded by the District prior to final issuance of a water permit.  Additional information (i.e. trust documents, Articles of Incorporation, etc.) may be requested to verify ownership and to facilitate preparation of District notices.

j.          The General Manager shall collect payment of the appropriate connection charge and processing fees and shall issue a receipt prior to final issuance of a water permit.

 

k.         When the application requests a permit to install a new water meter for a fire suppression system, to extend a water main within the boundaries of the water distribution system, or to individually meter uses previously metered by one water meter (i.e. meter split), there shall be no processing fee.

 

l.          The General Manager shall mark the construction drawings with the District’s water permit approval stamp and shall sign the stamp and include the water permit number and date issued.

 

m.        Following project completion, a final inspection of the project shall be conducted by the District.  If the completed project varies from the permitted project, an amended water permit is required.  After reasonable notice by the District to the property owner to correct any deficiency, the General Manager may adjust the charge and the water debited from a Jurisdiction’s Allocation and cause a partial refund or the imposition and collection of an additional connection charge to reflect the project as built rather than the project as permitted in accord with the provisions of Rule 24.

 

n.         General Manager determinations under this rule, either issuing or refusing to issue a permit, may be appealed to the Board pursuant to Rule 70.

 

2.         Amended water permit.

 

a.         The General Manager shall review the application and determine whether the applicant has met the criteria for a water 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 determine if the District has temporarily delayed the issuance of amended water permits pursuant to Regulation XV.  If a temporary delay is in place that effects the application, no amended water permit shall be processed and the application shall be returned to the applicant.

 

c.         The General Manager shall not process an amended water permit when any portion of the Site lies outside of the affected water distribution system service area.

d.         The General Manager shall not process an amended  water permit when there is a previously issued permit for a completed project on the application Site and a final inspection by the District has not been conducted, and/or where the property is not in compliance with District Rules and Regulations or conditions attached to previous District permits.

 

e.         The General Manager shall calculate the appropriate connection charge for the project using Rule 24, Calculation of Water Use Capacity and Connection Charge.

 

f.          When the application involves an Intensification of Use, the General Manager shall ensure that the total quantity of water permitted for all projects, including the current application, within a Jurisdiction shall not exceed that Jurisdiction’s total water allocation.  Similarly, for projects not subject to a jurisdiction’s water allocation, the General Manager shall ensure that the total quantity of water permitted for all projects, including the current application, does not exceed the production limit and/or connection limit of the water distribution system serving the project Site.

 

g.         Intensification of use allowed by a water permit shall result in a deduction from a Jurisdiction’s Allocation (for projects served by the main Cal-Am system), from a water entitlement available to the property, or from the total available production limit for that water distribution system.  Each project, which allows new or modified water use through an existing connection due to allows new, modified, or intensified water use, shall require a water permit.  Adjustments under this paragraph shall occur as necessary to ensure that the District’s records relating to the project as built reflects the correct water fixtures and/or use. 

 

h.         When the application involves recordation of the notices on the title of the property, all notices shall be recorded by the District prior to final issuance of a water permit.  Additional information (i.e. trust documents, Articles of Incorporation, etc.) may be requested to verify ownership and to facilitate preparation of District notices.

 

i.          The General Manager shall collect payment of the appropriate connection charge and processing fees and shall issue a receipt prior to final issuance of a water permit.

 

j.          The General Manager shall mark the construction drawings with the District’s water permit approval stamp and shall sign the stamp and include the water permit number and date issued.

 

k.         Following project completion, a final inspection of the project shall be conducted by the District.  If the completed project varies from the permitted project, an amended water permit is required.  After reasonable notice by the District to the property owner to correct any deficiency, the General Manager may adjust the charge and the water debited from a Jurisdiction’s Allocation and cause a partial refund or the imposition and collection of an additional connection charge to reflect the project as built rather than the project as permitted in accord with the provisions of Rule 24.

 

l.          General Manager determinations under this rule, either issuing or refusing to issue a permit, may be appealed to the Board pursuant to Rule 70.

 

3.         Temporary Water Permits.

 

            a.         The General Manager may issue a water permit for short-term temporary water use when the applicant has submitted a written request for a temporary water connection, including an explanation of the type and quantity of use requested and a signed Water Release Form from the jurisdiction.

 

            b.         The applicant for a temporary water permit shall agree that the temporary water permit does not confer a property interest to obtain or use water after expiration and/or revocation of the permit.  This condition shall be recorded on the title of the property for the duration of the Temporary Water Permit.

 

            c.         The General Manager shall process a Temporary Water Permit pursuant to Rule 23-A-1.

 

            d.         Following removal of the temporary connection and verification of removal by the District, water temporarily debited from the jurisdiction’s allocation will be returned to the jurisdiction and the connection charge paid for the temporary connection will be refunded to the current property owner.

 

4.         Conditional Permits

 

A category of water permits known, as Conditional Water Permits shall be available to a limited group of water permit applicants under estricted circumstances and only with the jurisdiction’s endorsement.  A Conditional Water Permit creates a record that specifically quantifies the increment of water assigned for use at the location designated by the jurisdiction and debits the jurisdiction’s water allocation.  Conditional Water Permits are available to those projects that are unable to meet all of the criteria of Rule 23-A-1 and meet the standards in Rule 23-A-4-a.

 

a.         The following categories of projects may obtain a Conditional Water Permit:

 

(1)        Large Projects - Commercial projects with a projected water demand of over one acre-foot annually.

 

(2)        Government Projects - Projects owned and operated, or financed by a governmental agency.

 

(3)        Projects with Complex Financial Underwriting - Determined at the discretion of the Board of Directors.

 

b.         The Conditional Water Permit may be issued when the following criteria have been met:

 

1.         There is no water supply emergency;

 

2.         There is sufficient water supply in the jurisdiction’s allocation;

 

3.         The governing body of a jurisdiction submits a written request that a Conditional Water Permit be issued to a project;

 

4.         A completed Water Release Form for the project is submitted which includes the authorizing signature of the jurisdiction to debit its water allocation;

 

5.         Payment of all connection charges and fees have been received by the District.

 

c.         A Conditional Water Permit must be finally approved only by the General Manager, following review of the proposed conditions by the District’s legal counsel.  The notarized signature of the project applicant is required before the General Manager’s signature is obtained.

 

d.         A Conditional Water Permit shall be numbered with the next sequential alpha and numeric number beginning with C-001, C-002, etc.  A water permit bearing the water permit number referenced in the conditional water permit shall be maintained, unsigned in the District’s file. 

e.         An amount of water approved for use by the jurisdiction for the project will be debited from the jurisdiction’s water allocation at the time the conditional water permit is issued.

 

f.          A Conditional Water Permit does not allow the setting of any water meter or the start of any new or expanded water use until the conditions of the permit have been met.

 

h.         Each Conditional Water Permit is time limited.  The Conditional Water Permit shall expire on December 31st of the year following issuance.

 

i.          A written request for extension of the Conditional Water Permit may be requested and shall require Board authorization for extension.  Requests for extension must be received no later than forty-five (45) days prior to expiration and must include an explanation for the request and the jurisdiction’s agreement that the Board should grant an extension.

 

 

B.                 MANDATORY CONDITIONS OF APPROVAL.

 

1.                  Construction of a New Structure.  All new structures permitted by the District shall be subject to the following conditions:

a.      The Project site must meet all applicable water conservation requirements of Regulations XIV and XV.

b.      The applicant shall arrange for a final inspection by the District upon project completion.  District staff shall review the project, water fixtures, and landscaping for compliance with the water permit.

c.       Permit amendments or other actions required as a result of a final inspection shall be completed within thirty (30) days of the date of the final inspection.

d.      Each user shall have a separate water meter.

e.       Other conditions may be placed upon approval as indicated in the applicable Rule governing the water permit process.

2.                  Construction within or to an Existing Structure.  All construction within or to an existing structure shall be subject to the following conditions:

a.      The Project site must meet all applicable water conservation requirements of Regulations XIV and XV.

b.      The applicant shall arrange for a final inspection by the District upon project completion.  District staff shall review the project, water fixtures, and landscaping for compliance with the water permit.

c.       Permit amendments or other actions required as a result of a final inspection shall be completed within thirty (30) days of the date of the final inspection.

3.                  Construction in the Sleepy Hollow Subdivision of Carmel Valley.

a.      All exterior water use shall be supplied by the Sleepy Hollow Subpotable Water System or by an on-site well.

b.      Interior water use shall be supplied by California-American Water Company supplied via a master meter at the subdivision boundary.

c.       Both interior and exterior uses shall be metered by individual water meters.

 

C.            ADJUSTMENT OF ALLOCATION FOR ABANDONED, OR REVOKED OR MODIFIED WATER  PERMITS.

 

Any permitted water capacity which is not used because of an abandoned, expired, revoked, or returned, or amended water permit shall be returned to the applicable Allocation or entitlement applicable to that Jurisdiction (or the District Reserve) upon the expiration or revocation of that permit.

 

 

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