RULE 23 ACTION ON APPLICATION FOR PERMIT TO EXPAND OR EXTEND A WATER DISTRIBUTION SYSTEM

A. APPLICATIONS TO INTENSIFY WATER USE

An expansion/extension permit shall be required from the District for each Intensified Water Use (defined by Rule 11). Intensification of Water Use without a permit shall provide cause for revocation by the District of all water use by any person on that Site. Each application for a 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 District may issue the permit when the following applies:

(1) The District shall issue an expansion/extension permit for a project when:

(a) the 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, and (if required by the Jurisdiction) a final landscape plan, and

(b) the District has first received payment in full for all applicable District fees and charges based upon the incremental increase in the potential water use capacity for that individual project.

(c) the District has first received a Water Release Request from the applicable Jurisdiction (the city, county or the airport district) pertaining to the Parcel on which the water use shall occur, and

(d) the total quantity of water reserved for all projects within a Jurisdiction does not exceed that Jurisdiction's total water allocation.

(e) the 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 may issue an expansion/extension permit for an application without a Water Release Request 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) the application requests a permit to Intensify Water Use which derives from a water supply other than the Monterey Peninsula Water Resource System, or

(c) the application has been determined to not cause an Intensified Water Use, or causes an increase as specified pursuant to 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) 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.

(3) In the absence of special circumstances or undue hardship, the District shall not issue an expansion/extension 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 permits pursuant to this rule. This provision, however, shall not prevent the issuance of a 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 permits for Intensified Water Use which are 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 shall nonetheless be processed in accord with Rule 24 (Connection Charges).

(4) The District shall not issue an expansion/extension 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 shall not issue an expansion/extension permit when any portion of the expansion or extension lies outside of the affected water distribution system service area.

(6) The District shall not issue an expansion/extension 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, the 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 in accord with the provisions of Rule 24. In the event the adjusted connection charge is not paid in full within a reasonable period, the water use permit shall be revoked.

(7) The District shall not issue an expansion/extension permit 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) Staff determinations under this rule, either issuing or refusing to issue a permit, may be appealed to the Board pursuant to Rule 70.

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