17. WATER
DEMAND MANAGEMENT
B-1 CONSIDER FINDINGS OF APPROVAL FOR 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
B-2 PROVIDE DIRECTION TO STAFF ON
PROCESSING SIMILAR REQUESTS FOR WATER CREDITS
Meeting Date: December
15, 2003 Budgeted: N/A
Program/Line Item No.: N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
SUMMARY: At the November 24, 2003 Board meeting, the Board agreed to grant Mr. Hanlon’s appeal of a staff decision denying water credit for removal of an outdoor spa. Findings of Approval were not available for consideration at that meeting. Based on the action taken by Board at the November 24, 2003 meeting, staff has prepared the attached Findings of Approval (Exhibit 17-B-1 (A)). If adopted, the Findings of Approval will constitute the decision of the Board in this matter. For the benefit of the new Board members, a copy of the staff report from the November 24, 2003 meeting and the associated exhibits is attached as Exhibit 17-B-1(B). As the motion for approval of the Hanlon appeal did not contain a finding that made Mr. Hanlon’s situation unique to him, other than a mention of the date of the water permit, staff is requesting further direction from the Board on the perceived new policy.
Due to the
precedent setting nature of the Hanlon appeal, staff believes an amendment to
District Rule 25.5, Water Use Credits, to allow a select group of
permit-holders to obtain water credits, is necessary. The Board’s recommendation of November 24, 2003, would allow
water credits for removal of outdoor water fixtures, multiple utility sinks and
multiple showerheads when the jurisdiction and the District have evidence that
a water permit was obtained and a connection charge paid for the
fixture(s). Water credits would not be
granted when any of the following situations occurred:
1. No connection charge was paid, but removal of another water fixture was required to offset an outdoor water fixture/multiple utility sink/multiple showerhead.
2. No connection charge was paid, but ultra low water consumption appliances were installed to offset an outdoor water fixture/multiple utility sink/multiple showerhead. As the ultra low water consumption appliance credit was used to permit the outdoor water fixture/multiple utility sink/multiple showerhead, credit is no longer available for the retrofitted appliances.
3. No connection charge was paid to the District, but the applicant paid the jurisdiction for water from a public water allocation to add an outdoor water fixture/multiple utility sink/multiple showerhead.
4. No connection charge was paid, but the jurisdiction’s public water allocation was debited to add an outdoor water fixture/multiple utility sink/multiple showerhead.
RECOMMENDATION: Staff recommends the Board reconsider granting this appeal. At the minimum, the Board should consider the consequences approval of the appeal would have on other pending and completed projects. Since July 19, 2001, District staff has neither permitted nor granted credits for outdoor water fixtures, multiple utility sinks or multiple showerheads.
If the Board
approves the Findings of Approval for the Hanlon appeal, staff should be
directed to include the proposed modification to Rule 25.5 in draft Ordinance
No. 111 before second reading and consideration of adoption. It should be noted that legal counsel might
determine that this modification requires a new first reading of the
ordinance. Therefore, depending on
legal counsel’s determination, staff anticipates it will take two to four
months to implement the modification.
Staff should also be provided with direction on how staff should respond
to similar applications pending the change in Rule 25.5. One option would be to direct staff to
withhold processing Mr. Hanlon’s and similar credit requests until after the
adoption of modifications to Rule 25.5.
Staff should
also be directed on how to address previously denied credit requests that may
qualify for credit after this action and how to notify other potential credit
holders.
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