7. CONSIDER APPROVAL OF DEED RESTRICTION
TEMPLATES
Meeting Date: May
19, 2003 Budgeted:
No
Staff Contact: Stephanie Pintar Cost Estimate: N/A
General Counsel Approval: Counsel
has reviewed the deed restriction templates and provided comments on Forms 2.4
and 2.5. Counsel was unable to provide
comments on Form 1.5.2 prior to Board packet production.
Committee Recommendation: Rules
& Regulations Committee reviewed the draft deed restrictions and provided
comments that are incorporated in the proposed templates.
CEQA Compliance: N/A
SUMMARY: In keeping with direction of the
Board in December 2001, all new deed restriction templates must be reviewed by
the Rules and Regulations Committee and finally approved by the Board prior to
use. The Board is being asked to approve
the use of three new templates.
Form
1.5.2 (Exhibit 7-A) is a deed
restriction for commercial properties that propose to disconnect the irrigation
supply from California-American Water Company to connect to a private
well. This deed restriction will be used
for Monterey Peninsula College’s current Water Use Credit application for
removing the ball fields from Cal-Am water.
Form 2.4
(Exhibit 7-B) is a deed restriction
for affordable housing. District Rule
24.5 allows a fifty percent (50%) connection charge reduction for housing that
complies with the California Department of Housing and Community Development
(HCD) and the Monterey County Housing Authority standards for affordable housing. Rule 24.5 requires a deed restriction for fee
reductions.
Form 2.5
(Exhibit 7-C) is a deed restriction
for low-income housing. District Rule
24.5 allows a connection charge exemption for housing that complies with the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority standards for low-income or very low-income
housing. Again, Rule 24.5 requires a
deed restriction for fee reductions.
Deed
restrictions are routinely used by the District for enforcement of rules and
conditions and to notify current and future property owners of specific
conditions, violations or restrictions on a property.
RECOMMENDATION: By adopting this item with the Consent
Calendar, the Board will authorize the use of the attached deed restriction
templates. The templates have been
reviewed by the Rules and Regulations Committee and by District Counsel.
U:\staff\word\boardpacket\2003\2003boardpacket\20030519\ConsentCalendar\7\item7.doc
S.
Pintar, 5/14/2003 4:03 PM