EXHIBIT 9-H

 

DRAFT

FINDINGS OF DENIAL

CONSIDER APPEAL OF GENERAL MANAGER'S DECISION TO DENY A WATER USE CREDIT FOR AN OUTDOOR SPA PURSUANT TO MPWMD RESOLUTION 2001-09 -- GREGORY HANLON, 672 VAN BUREN CIRCLE, MONTEREY

 

November 24, 2003

 

It is hereby found and determined as follows:

 

1.                  FINDING:            Mr. Greg Hanlon is appealing a District decision denying a water credit for a hot tub/spa at 672 Van Buren Circle in Monterey.

 

EVIDENCE:        Application for Appeal attached as Exhibit 9-A.

 

2.                  FINDING:            District Rule 24, Table 1: Residential Fixture Unit Count (amended by Resolution 2001-09) disallows credit for outdoor water fixtures, including hot tubs/spas. 

 

EVIDENCE:        MPWMD Resolution 2001-09, and District Rule 24, Table 1: Residential Fixture Unit Count, attached as Exhibits 9-B and 9-C.

 

3.                  FINDING:            Mr. Hanlon obtained a water permit and paid for one fixture unit to legalize a spa on his property at 672 Van Buren Circle in Monterey on October 24, 2000.  The water permit was originally issued on September 27, 2000 to add a bathroom, a utility sink and a bar sink.

 

EVIDENCE:        MPWMD Water Permit No. 18714 attached as Exhibit 9-D.

 

4.                  FINDING:            The District finalized its Water Permit #18714 by a District inspection on May 8, 2003.  The District’s inspection documented an outdoor spa, but indicated that credit was not available pursuant to MPWMD Resolution 2001-09.

 

EVIDENCE:        MPWMD inspection report (Exhibit 9-E).

 

5.                  FINDING:            Mr. Hanlon requested verification of the credit denial in correspondence received by the District on June 30, 2003.

 

EVIDENCE:        Letter from Mr. Hanlon to MPWMD Board of Directors (Exhibit 9-F).

 

6.                  FINDING:            The District responded to Mr. Hanlon’s correspondence by denying credit for the outdoor spa and citing MPWMD Resolution 2001-09 that disallows water credit for outdoor water fixtures.

 

EVIDENCE:        Letter from Stephanie Pintar, Water Demand Manager, to Mr. Gregory Hanlon, dated July 15, 2003 (Exhibit 9-G).

 

7.                  FINDING:            Mr. Hanlon’s appeal indicates that he would like to add a full bathroom (one lavatory sink, toilet, and shower stall) to his home.  There are 4.7 new fixture units in the addition described in the appeal application and the construction plans submitted to the District.

 

EVIDENCE:        Application for Appeal attached as Exhibit 9-A.

 

8.                  FINDING:            Staff must apply the District’s current rules and policies to water permit applications when an application is received and deemed complete.

 

EVIDENCE:        District Rules and Regulations on file at the District offices.

 

9.                  FINDING:            Mr. Hanlon is subject to the current Rules and Regulations of the District, including denial of water credit for outdoor water fixtures, including hot tubs and spas, pursuant to MPWMD Resolution 2001-09 and District Rule 24, Table 1: Residential Fixture Unit Count. 

 

EVIDENCE:        The above stated facts.

 

 

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