EXHIBIT
2-A
RULE
11 – DEFINITIONS
RULE
21 – PERMIT APPLICATIONS
A.
APPLICATION FOR PERMIT
TO CREATE/ESTABLISH
A WATER DISTRIBUTION SYSTEM
The
applicant for a Permit to
Create/Establish a Water Distribution System shall submit the following:
1. A completed written
application, signed by the system owner, in the manner
and form prescribed by the Implementation Guidelines; and
2. Environmental information as required
by the California Environmental Quality Act (CEQA); and
3. Zoning and land use designations for
the property; identify land use approvals which may be required for
the proposed project by the municipal unit in
which proposed system would be located (i.e., tentative map, use permit, etc.),
or by other governmental agencies, consistent with state and local regulations
that require proof of available water supply; and
4. Identify type of water right claimed to
exist with each water-gathering
facility and each source of supply for the system (e.g., riparian, pre-1914,
appropriative, overlying or other).
Provide written verification of legal water rights applicable to type of
right claimed. The verification shall
include, but shall not be limited to the following forms of documentation: (a)
Condition of Title Report, prepared by a Title Company at the applicant’s
expense, and any and all supporting documentation to indicate whether legal
water rights have been subordinated or severed; this documentation may include
a judicial declaration of right or a full title opinion prepared by an attorney
with expertise in water law; (b) information that describes the legal basis or
authority for diversion and extraction of water; (c) if groundwater is being
pumped from a groundwater basin that has not been adjudicated, a statement to
that effect in addition to a copy of
the current deed to the property is sufficient documentation to satisfy this
requirement; or (d) if the source of the water is subject to permit
requirements under the State Water Resources
Control Board, a copy of the SWRCB water rights
permit or domestic registration must be included; and
5. A copy of the application submitted to
the Monterey County Environmental Health Department for Creation of a Water
Distribution System for multiple-connection systems only; and
6. The name and address of each responsible party; and
7. The results of well capacity (aquifer pumping) tests
for the duration specified by the Implementation Guidelines, the cost of which
tests shall be borne by the applicant, and which shall be observed by a District
representative or agent; and
8. The results of water quality tests as
specified by the Implementation Guidelines, the cost of which tests shall be
borne by the applicant; and
9. An evaluation of the hydrogeologic
information in the manner and form required in the Implementation Guidelines. This evaluation shall be prepared by a
qualified individual or firm as determined by District. Qualified consultants shall include a
certified hydrogeologist, a registered geologist with a specialty in
hydrogeology, a certified engineering geologist with a specialty in
hydrogeology, or a registered civil engineer with a specialty in hydrogeology;
these specialists shall be certified in or registered by the State of
California. The costs of this evaluation
shall be borne by the applicant; and
10. The applicable fees prescribed in Rule
60.
B.
APPLICATION FOR WATER PERMIT
TO EXPAND/EXTEND OR MODIFY A WATER
DISTRIBUTION SYSTEM
The
applicant for a Water
Permit to Expand/Extend connect to or modify a water use connection a
Water Distribution System shall submit the following:
1. A completed written
application in the manner and form prescribed by the Implementation Guidelines;
and
2. For those potable system
applications for which a building permit is pending, Ccomplete
architectural drawings that reflect water use pursuant to Tables 1 or 2 of Rule
24, together with any amendment, addition, or
modification of those drawings which may be made prior to
use or occupancy of the project, and any drawings which may be submitted to the
municipal unit for
land use or building approvals, and a statement of near-term need for the
proposed expansion/extension; and
3. For subpotable systems, and for
exterior use for all systems when the Site exceeds 10,000 square-feet in
size, three copies of the landscape plan and an itemized estimate of
water use in the form of a landscape water budget which includes the Maximum
Applied Water Allowance (MAWA) calculation or other alternate water
demand estimate as approved by the General
Manager; and
4. Architectural drawings for each change
in the project made prior to use or occupancy which may affect the project’s capacity to use water;
and
5. The applicable fees prescribed in Rule
60; and
6. The connection charge prescribed in
Rule 24.
C.
APPLICATION FOR AMENDMENT TO A WATER PERMIT
The
applicant shall submit the following items and documents which shall be
processed in the manner described below:
1. A completed written
application in the manner and form prescribed by the General Manager, under
Rule 22 or Rule 23 as appropriate to the proposed amendment.
a. An
amendment to a water distribution system permit under Rule 22 E shall require
the signature of the system owner.
b. When
the application involves the expansion or annexation to an existing water
distribution system service area the application shall be processed as an
amendment of the Permit to Create/Establish a Water
Distribution System.
c. When
the application involves expansion of the water distribution system beyond its
prior authorized system capacity (annual production) limit or its prior
authorized expansion capacity (connection) limit, the application shall be
processed as an amendment of the Permit to Create/Establish a Water
Distribution System.
2. No owner or operator of a water
distribution system shall 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.
3. Payment of tThe fees
prescribed in Rule 60.
4. Payment of tThe applicable
connection charge prescribed in Rule 24, Connection Charges.
D. APPLICATION FOR APPEAL
1. A complete written application in the
manner and form prescribed by the General Manager.
2. The fee prescribed in Rule 63.
E. APPLICATION FOR VARIANCE
1. A complete written application in the
manner and form prescribed by the General
Manager.
2. The fee prescribed in Rule 63.
3. Applicable fees prescribed in Rule 60.
F.
D. NAME CHANGES
An
applicant or permit
holder’s name or identifying information may
be changed without charge, and in such circumstances a revised permit may shall
be issued. Processing fees and
administrative charges shall apply.
RULE
23 - ACTION ON APPLICATION FOR A WATER PERMIT
TO EXPAND OR EXTEND,
OR MODIFY A WATER DISTRIBUTION SYSTEM
A. APPLICATIONS TO INTENSIFY OR MODIFY WATER USE
An expansion/extension
water
permit shall be required from the District for each Intensified Water Use (defined by Rule 11),
Change of Use, and for each use of an on-site credit or
Water Use Credit. Intensification
of Water Use Installing new water fixtures or changing use of a non-residential
facility without a permit shall provide cause for revocation by the District
of all water use by any person on that Site. 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 a Water Release Form. Each application for a water
permit to expand or extend a water distribution system and each application for an
amended expansion/extension permit shall
follow the process set forth in Rule 23.
The General Manager shall review an 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. The District may issue the permit when the following applies:
1. The District shall issue an expansion/extension water
permit for a project when each of the following occurs:
a. Tthe District has first
received and approved a complete application which includes evidence of each
Discretionary Approval required for the proposed use, a complete and final
set of construction drawings. (if required by the Jurisdiction) a
(1) Applications for new residential
connections on Sites greater than 10,000 square-feet shall include three sets
of the final landscape plans and
a landscape water budget including the MAWA calculation.
(2) Applications for new residential
connections on Sites of 10,000 square-feet or less shall use the calculation of
one-half the total interior fixture unit count as the exterior water use
estimate.
(3) All applications for new non-residential
connections shall include three sets of the final landscape plans and a landscape water budget
including the MAWA calculation
b. Tthe District has first
received payment in full for all applicable District fees and charges set
forth in Rule 60, based upon the incremental increase in the potential
water use capacity for that individual project.
c. Tthe District has first
received a Water Release Request Form signed by the authorized
official of from the applicable Jurisdiction (the city, county
or the airport district) pertaining to the Parcel on which the water use shall occur.
d When the
application involves an Intensification of Use, the total quantity of water reserved permitted
for all projects, including the current application, within a Jurisdiction does shall not exceed that
Jurisdiction’s total water allocation.
e. When the
application involves modifying water fixtures or change of use using an on-site
water credit or a Water Use Credit, recordation of the appropriate notices on
the title of the property shall be completed prior to issuance of a water
permit.
f.
the
application requests a permit to use water for a project which shall not permanently Intensify Water Use as it requires
only a short term need for water. and t The application shall be processed
pursuant to Rule 23 B.
ef. Tthe District has not
determined to temporarily delay the issuance of permits by reason of a declared
Water Supply Emergency.
2. As an alternate to the process set forth
in (1) above, the District General Manager may issue an
expansion/extension water permit for an application
without a Water Release Request Form signed by the authorized official of
the jurisdiction because of one of the following reasons:
a. the proposed Intensified Water Use
has been authorized by the District to derive some or all of its capacity for
water use from the District Reserve allocation, or
b.a. Tthe application requests a
permit to install a 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) Intensify Water Use which derives
from a water supply other than the Monterey Peninsula Water Resource System.
c.b. Tthe application has been
determined to not cause an Intensified Water Use, or involves a violation of water
permit conditions and causes an increase in water use capacity as
specified pursuant to in subparagraph (6) below (Rule 23 A
(6)).
d.. the application requests a permit based on a prior Water Use Credit, which applies to that Site.
e.c. the application requests a permit to
use water for a project which shall not permanently Intensify Water Use as it requires
only a short term need for water and the application shall be processed
pursuant to Rule 23 B. The application is for a water permit for a
water use that can be proven to pre-date the District’s water permit
requirements as implemented in 1985.
3. In the absence of special circumstances
or undue hardship as determined by the Board, the District General
Manager shall not issue an expansion/extension water
permit, which results in the installation of a new water meter,
which shall serve 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 shall
allow a single user to extend incidental water use (e.g. a single bar sink).
This provision shall be construed to enable the issuance of a
water permits for Intensified Water Use
which are is 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 extension application
shall nonetheless be processed in accord with Rule 24 (Connection
Charges Water Permit Process).
4. The District General
Manager shall not issue an expansion/extension water
permit if the District Board has determined that the water distribution system affected by that permit has
exceeded its expansion capacity limit.
5. The District General
Manager shall not issue an expansion/extension a
water permit when any portion of the expansion or extension lies
outside of the affected water distribution system service area.
6. The District General
Manager shall not issue an expansion/extension water
permit until all fees and connection charges are paid in full by, or on
behalf of, the applicant.
At the
time of first use or occupancy of the project, Following project completion, a final
inspection of the project shall be conducted by the District. Tthe General Manager may adjust the charge and the water debited from the 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.
In addition to conducting a final permit inspection, the District may
verify water use capacity pursuant to Rule 23-E. In the event the adjusted
connection charge is not paid in full any permit violation has not been corrected within
a reasonable period, the water use permit shall be revoked. the District
General Manager shall pursue collection of fees and charges pursuant to Rule
23-E and Rule 60 and shall debit the jurisdiction for any additional increment
of water use above the amount permitted.
7. Neither tThe District Board
nor the General Manager shall not issue an expansion/extension
Water
Ppermit which allows the use of potable water for green-belt
irrigation when alternate sub-potable water is reasonably available to the Site (see Rules 23 C,
131 and 132).
8. Properties located in the Sleepy Hollow
subdivision of Carmel Valley shall use the Sleepy Hollow Subpotable Water
Distribution System for all exterior water uses.
8.9. Staff General Manager determinations
under this rule, either issuing or refusing to issue a permit, may be appealed
to the Board pursuant to Rule 70.
B. TEMPORARY EXPANSION/EXTENSION WATER PERMITS
Notwithstanding
any provision of Rule 23 (A), the General Manager may issue a temporary expansion/ extension water
permit for short-term water use to applicants
who do not possess a valid municipal or county building permit as provided in
Rule 23 (A), provided the applicant has demonstrated that the expansion
temporary
water permit is reasonably
necessary to satisfy the near-term water needs of the applicant. Prior to requesting a Temporary Water
Permit, the jurisdiction shall complete any applicable environmental review on
the project. Environmental review shall
occur prior to the jurisdiction authorizing a Temporary Water Permit release
via a Water Release Form. Each Ttemporary
expansion/extension Water Ppermit issued by the
General Manager shall be subject to all of the following conditions:
1. The temporary water permit shall not
confer a property interest upon the grantee to obtain or use water after
expiration and/or revocation of the permit.
2. The temporary water permit is subject
to revocation during its term without cause, without hearing, upon thirty (30)
days notice.
3. The temporary water permit shall
terminate on the date specified on the permit, and if no date is specified,
shall terminate one (1) year after the temporary permit is issued.
4. Any use of water through the connection
or water meter installed pursuant to the temporary water permit following
expiration and/or revocation of that permit shall be unauthorized.
5. The applicant for the temporary
permit shall acknowledge in writing that Tthe temporary water
permit does not confer a right to obtain or use water upon expiration
and/or revocation of the temporary permit.
6. The applicant for the temporary water
permit shall consent to the physical removal of the connection and/or
water meter upon the expiration and/or revocation of the temporary permit.
7. Following removal of the temporary
connection and verification by the District, water temporarily debited from the
jurisdiction’s allocation will be returned and the connection charge paid for
the temporary connection will be refunded to the current property owner.
7.8. For the duration of the temporary water
permit, Tthe terms and conditions of the
temporary water permit shall be recorded in the office of the Monterey
County Recorder against the real property which is served by the connection(s),
and shall operate as a covenant running with the land.
8,9. The applicant shall pay any applicable fee pursuant to Rule
24 and Rule 60.
10. The
General Manager may place further conditions upon the grant of the temporary
permit, as he/she deems deemed proper.
Determinations
of the General Manager under this Rule, either issuing, conditioning, or
refusing to issue a temporary permit, may be appealed to the Board pursuant to Rule 70.
C. CRITERIA TO PROCESS APPLICATIONS TO
INTENSIFY OR MODIFY WATER USE
The
following procedure and criteria shall apply to any application for new,
modified
or Intensified Water Use.
1. Water Release Form Request (Water From a Jurisdiction Allocation). Before a water permit shall be issued by the District to allow new,
modified,
or Intensified Water Use (including applications for changed use
through an existing water meter), the District shall first receive a
Water Release Form Request from the Jurisdiction, which has
land use planning authority over the Parcel on which that water use shall occur. The District General Manager may nonetheless receive and process applications without a
Water Release Request Form under the criteria set forth in
Rule 23 A (2).
(a). use authorized from the District Reserve allocation, or (b) use from a water supply
other than the Monterey Peninsula Water Resource System, or (c) no
intensification of water use in an existing connection, or (d) use based on a
prior water use credit for that Site, or (e) use for a temporary purpose.
2. Water
from the District Reserve Allocation.
The District Reserve Allocation constitutes a special allocation,
which may be used to make water available to Regional Projects of special
benefit to avoid the individual drawdown of a Jurisdiction’s allocation, which
would otherwise occur, or for drought or other reserve purposes. Release and use of this water is at the sole
and exclusive discretion of the District.
Regional Projects, which may qualify for water from the Reserve Allocation,
shall be non-profit, provide for the health, safety and/or welfare of the
community, and provide regional non-denominational benefit to residents of the
greater Monterey Peninsula area.
Examples of such Regional Projects include regional health care,
homeless or transitional shelters, and protection from natural disasters (but
not local police protection).
A project sponsor or a Jurisdiction seeking water from the District Reserve
Allocation shall make a written request to the District. The District may refer that request to TAC or PAC for recommendation, or may act on the request directly. The District in its sole and exclusive
discretion may deny, approve, or approve in part the request. Water use shall be debited from the District
Reserve allocation in the same manner used for each Jurisdiction’s Allocation.
32. Water Connection Permit. An expansion/extension water
permit from the District shall be required prior to any new,
modified, or Intensified Water Use.
To obtain that permit, a complete application shall be submitted to and
approved by the District. A complete
application shall include the record of each Discretionary Approval required
for the proposed use, a complete and final set of construction drawings, a
complete landscape plan where such a plan is required by the Jurisdiction, and
payment in full of all applicable District fees and charges based
upon the potential water use capacity for that
individual project. The term
“Discretionary Approval” shall mean each land use planning and zoning approval
required for the project, a use permit if one is required, and prior completion of all
applicable design review or approval.
A complete application shall include the
following:
(1) A complete and final set of construction
drawings.
(2) Applications for new residential
connections on Sites greater than 10,000 square-feet shall include three sets
of the final landscape plans and
a landscape water budget including the MAWA calculation.
(3) Applications for new residential
connections on Sites of 10,000 square-feet or less shall use the calculation of
one-half the total interior fixture unit count as the exterior water use
estimate.
(4) All applications for new non-residential
connections shall include three sets of the final landscape plans and a landscape water budget
including the MAWA calculation
4.3. Quantity of Water Permitted for Use. Upon receipt of the complete application for
the expansion/extension water permit, District staff the
General Manager shall calculate the water use capacity for the
project. The following criteria shall
apply to this calculation:
a.
The
General Manager shall compare the pre-project water use capacity against the
proposed water use capacity using Tables I and II from Rule 24 and shall reduce
the post-project use by any Water Use Credit or retrofit proposed to reduce
demand.
b. When the application involves an
increase in water use capacity, the General Manager shall verify release of water by the Jurisdiction sufficient
to offset the water needs of the project.
Any shortfall shall require an amended Water Release Form from the
Jurisdiction.
c. When the application involves use of a
Water Use Credit or other on-site credit, the General Manager shall verify the
validity of that credit and shall adjust the water use calculation by the
credit available for use by that application.
d. When the application proposes no change
in capacity, the General Manager shall issue a Water Permit and the permit
processing fees shall be waived.
and
based on water use capacity quantify the amount of water actually
permitted. The District shall issue a
permit, which allows installation of a new water meter connection, only when
the projected water use capacity equals or is less than the Water Release Request.
If a new connection has capacity for water use in excess of the quantity
in the Water Release Request, a permit for the new water meter connection will
be issued by the District only upon receipt of an amended Water Release Request
from the Jurisdiction.
5. Residential Water Demand. Each authorization application
for interior water demand for residential water connections shall be
based on the fixture units planned for that Site. Water use capacity for remodeling or replacement of
an existing residence, or for any new residence shall be based on the increase
change
in fixture units on the Site. A
single standard shall apply to the calculation of fixture units regardless of
where the property is located. This
method shall not include an increment of water for open space or landscape
use. Instead, landscape water demand for
each residential use shall be calculated by the District using one-half of the interior
fixture unit count or the Maximum Applied Water Allowance (MAWA) for properties
greater than 10,000 square-feet in size, whichever is greater. independent from the fixture unit
criteria. The Board of Directors shall adopt guidelines to guide staff’s
implementation of the landscape water use criteria and calculation process
provided by this Rule.
6. Adjustment of Allocation Upon
Issuance of Permit. Water
capacity Intensification of use allowed by each a
water permit shall be correspond to a deductedion
from that Jurisdiction’s Allocation or from a water entitlement available to
the property. Each project,
which allows new or modified water use capacity through an existing
connection due to Intensified Water Use or modifications, shall require an
expansion/extension water permit. and, also
have the quantity of water allowed by permit debited from the Jurisdiction’s Allocation. 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. A permit for
water use, which derives wholly from the District Reserve Allocation, however,
shall be deducted from the District Reserve allocation. A pro-rata split shall be made for those
permits, which are based on water from both a Jurisdiction’s Allocation and the
District Reserve, or two or more Jurisdictions, which may participate, in a joint project.
7. Process. The General Manager shall review each water permit application,
and if he determines the application is determined to be
incomplete, he the General Manager shall request
the applicant to submit additional information. When the application is deemed complete, the
General Manager (or the Board of Directors for those applications not acted
upon by the General Manager) shall:
a. Classify the any proposed
connection use as “Residential, Commercial/Governmental, or Non-Residential
Industrial” as defined in these rules. If such the proposed
connection use cannot be adequately categorized pursuant to existing data,
the General Manager or the Board of Directors by exercise of discretion may
require additional information, or define such connection use as
residential, commercial/governmental, or non-residential industrial
based upon connection. Determination
of connection categorization by the General Manager may be appealed pursuant to Rule 70.
b. For each application, which
proposes to use potable water, the General Manager or the Board of Directors shall determine whether or not, an alternate supply
of water, including sub-potable water, is reasonably available to that
applicant. Facts to support this decision may be derived from existing data,
or from a scope of work required of the applicant. The decision regarding reasonable
availability of sub-potable water shall conform to the findings set forth in
Rule 131. The burden of establishing the
non-availability of any alternate water supply, including sub-potable supplies,
shall rest with the applicant.
c. Each water permit may have conditions placed upon the use of water
allowed by that connection in accord with Subdivision C of this rule. Conditions may be devised to minimize non-essential
uses of potable water.
d. After each connection use is
categorized, the non- availability of alternate supplies has been determined,
and appropriate conditions have been drafted, and when the General Manager is
authorized to act on the application pursuant to Subdivision A of this rule,
the General Manager shall issue the permit within thirty (30) days.
e. It shall be a condition of the
District’s approval of any application that the property owner, and any
successor in interest to the holder of the water Permit granted by the
District, shall enter into an indemnification agreement with the District,
whereby the property owner and permit holder agree to indemnify, defend and
hold harmless the District from any and all legal and financial responsibility
that may arise in connection with approval of the application, including but
not limited to attorney’s fees and costs that the District may incur.
ef.. When the
General Manager is not authorized to act on an application, or when the General
Manager does not act within thirty (30) days, action on the application shall
be referred to the Board of Directors for action in accord with this
subdivision.
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