14. CONSIDER
REQUEST BY JOHN MANDURRAGO TO TRANSFER WATER CREDIT FROM THE FORMER SPINNING
WHEEL RESTAURANT, MONTE VERDE AND OCEAN, CARMEL, APN 010-201-014, TO THE CITY
OF CARMEL-BY-THE-SEA
Program/Line
Item: N/A
Staff
Contact: Stephanie Pintar Cost Estimate: N/A
Gabriela
Ayala
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: Statutory Exemption under Section 15268 of the CEQA Guidelines
BACKGROUND: John Mandurrago is the applicant for a commercial-to-public water Use Credit transfer under District Rule 28-B to transfer 0.560 acre-feet of water to the City of Carmel-by-the-Sea. The water credit was established in May 1996 following the conversion of the former Spinning Wheel Restaurant to a Group I office use. Other uses continue to operate on the site and are listed in the transfer application attached as Exhibit 14-A. This change in use was verified by District staff prior to issuing the documented Water Use Credit. The City of Carmel-by-the-Sea approved the former Spinning Wheel Restaurant transfer request on November 22, 2002.
RECOMMENDATION: District staff recommends approval of the transfer of 0.560 acre-feet of water credits to the City of Carmel-by-the-Sea. The application meets the specific requirements of previous Rule 28-B to qualify for a property-to-jurisdiction transfer. The jurisdiction approved the transfer in action as permitted by the City’s Municipal Code Section 17.08.050. The City’s letter indicating approval is included in Exhibit 14-B. The use of credits resulting from a property-to-jurisdiction transfer is at the discretion of the jurisdiction (District Rule 28-B-7).
The approval/denial of a Water Use Credit transfer is exempt from CEQA, as the transfer of Water Use Credits is a ministerial action that only requires a determination that a specific list of criteria has been met. Final approval of the transfer has been elevated to the Board to keep the Board aware of the process and is subject to future policy changes.
The property owner has granted consent to allow the District access for an indefinite period of time to all Cal-Am water use records for the originating site and to the recordation of a deed restriction confirming that the transfer of water credit is irrevocable. The deed restriction will also acknowledge that any intensification of water use capacity on the originating site is subject to the availability of water and potential permit fees. Mr. Ron Motta, the property owner, has indicated in a letter dated December 24, 2002 (Exhibit 14-C) that he agrees to the deed restrictions.
SUMMARY: The application to transfer water use credits was complete as of December 30, 2002, when the District received the required signed and notarized deed restrictions. At the December 17, 2001 meeting, the Board directed staff to bring complete applications to the Board for final approval.
The application being considered was received by the District prior to May 15, 2000. At the May 25, 2000 meeting, the Board directed that all applications for water credit transfers received by May 15, 2000, whether complete or incomplete at the time of submission, should be processed under the then-current water credit transfer rules outlined in District Rule 28. The Board adopted Ordinance No. 102, (Exhibit 14-D) on February 28, 2002, which voided District Rule 28-B, Property-to-Jurisdiction Transfers of Water Use Credits for Commercial and Industrial Uses and deletes reference to District Rule 28-B in Rule 28-A. The ordinance includes a provision whereby all pending Water Use Credit applications deemed complete by December 31, 2002 will be processed according to the previous Rule 28-B, with the Board making the final determination of approving or denying the application.
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