EXHIBIT
24-A
DRAFT
ORDINANCE
NO. 118
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
SETTING TIME CRITERIA FOR WATER CREDIT USE
1. The Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.
2. The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. This ordinance shall revise, amend and republish Rule 25.5 to specify time criteria that shall apply to the use of On-site Water Credits for new single-family homes. This criteria shall not apply to Jurisdictions or redevelopment agencies
4. This ordinance shall be reviewed and approved under CEQA (California Environmental Quality Act) based upon a Negative Declaration.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance shall be known as
the MPWMD 2004 On-Site Time Criteria Ordinance.
Section Two: Purpose
This ordinance
amends the MPWMD Rules & Regulations to clarify time criteria that shall
apply to the use of on-Site Water Use Credits for new single-family uses. Jurisdictions and redevelopment agencies are
exempt from this time criteria.
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Section Three: Amendment of Rule 25.5: Water
Credits
Rule 25.5 shall be revised as shown in bold italics (bold
italics) and strikeout (strikethrough):
RULE 25.5 WATER USE CREDITS
A.
Except where a
permit has been canceled, returned or revoked under these Rules, a Person may
receive a Water Use Credit for the permanent abandonment of some or all of the
prior water use on that Site by one of the methods set forth in this Rule. Water Use Credits shall be documented by
written correspondence between the District and the property owner, and shall
remain valid unless prohibited by this Rule.
Water Use Credits shall not be documented by notice on a property title,
except as specified in Rule 25 B.
1. Person may apply to the District for a Water Use Credit in advance of the abandonment of capacity for water use, which that Person may cause on that Site. In such a circumstance, District staff (1) shall verify that the Reduction is one which is permanent, (2) shall quantify the capacity for water use which remains, (3) shall quantify the reduced water use (the abandoned capacity), (4) shall quantify the increment of reduction which exceeds the District's target of 15% conservation based upon the criteria used for the Water Allocation EIR, and (5) shall provide written confirmation of the Water Use Credit based upon the quantity set forth in element (4) above. Credit shall not be given for any reduction, which occurs by reason of a District mandated program (e.g. retrofit-on-resale). A Water Use Credit obtained pursuant to this method may be applied to, and shall allow future water use on that Site at any time within a period of 60 months. After the 60th month, renewal of this Water Use Credit shall be allowed only upon proof by the applicant that some or all water savings represented by that Credit are current. If all savings are not current, a pro-rata reduction shall occur. A single renewal period of 60 months shall be allowed; thereafter any remaining unused Water Use Credit shall expire. Water Use Credits shall not be transferable to any other Site.
2.
A Person who has not applied in advance to the District
for a Water Use Credit (in advance of the abandonment of the capacity for water
use) may still request that a Credit be given based on prior reductions in
water use capacity which occurred on that Site within the preceding eighteen
(18) months. In such a circumstance the
applicant shall have the burden to quantify and verify both the reduction of
water use capacity, and the date such reduction occurred. District staff shall determine the increment
of reduction which exceeds the District's target of 15% conservation as set
forth in the Allocation EIR and shall determine the effective date for that
reduction in capacity for water use.
Credit shall not be given for any reduction, which occurs by reason of a
District mandated program (e.g. retrofit-on-resale); credit shall not be given
for any reduction which was completed more than eighteen (18) months prior to
the date of the application for the Water Use Credit. The quantity of water determined by staff to be available for a
Water Use Credit under this method, once the Water Use Credit has been granted,
may be applied to, and shall allow future water use on that Site within thirty
(30) months from the date the reduction first occurred, and upon proof by the
applicant that those water savings are still current. After the 30th month, renewal of this Water Use Credit shall be
allowed only upon proof by the applicant that some or all water savings
represented by that Credit are current.
If all savings are not current, a pro-rata reduction shall occur. A single renewal period of thirty (30)
months shall be allowed; thereafter any remaining Water Use Credit shall
expire. Residential Water Use Credits
shall not be transferable to any other Site.
3.
A Water Use
Credit shall provide the basis for issuance of a permit for an Intensified
Water Use on that Site provided (1) the credit is current (has not expired),
and (2) provided the abandoned capacity (saved water) forming the basis for the
Water Use Credit is determined not yet to have been used on that Site. There shall be no connection charge assessed
for the capacity for water used pursuant to any Water Use Credit. Connection charges, however, shall apply to the
capacity for water use, which exceeds the Water Use Credit, or for any expansion
of use following the expiration of the Water Use Credit. No refund shall accrue by reason of water
use reduction, or abandonment of capacity, whether or not reflected by a Water
Use Credit. Issuance of a Water Use
Credit shall not result in any change to a Jurisdiction's Allocation. Use of any Water Use Credit shall similarly
not cause a change to a Jurisdiction's Allocation.
B.
When a Water
Use Credit on a Site results from demolition of a building that straddled a lot
line, the property owner shall specify in writing the quantity of water credit
assigned to each of the lots formerly occupied by that building. This designation shall be recorded upon the
title of each of the lots.
C.
A Water Use
Credit shall enable reuse of saved water on the Site.
1. Water Use Credits may be moved between one or
more structures on the same Site.
2. The District shall not exact a separate
calculation for exterior water usage on a vacant lot or lot containing an
uninhabitable structure when the owner of the Site has submitted clear and
convincing evidence of landscaping and irrigation that was installed by and has
been consistently maintained since March 11, 1985.
3. Notwithstanding any other provision of Rule
25.5, a Water Use Credit shall not support creation of a new single-family User
unless or until an applicant has continuously owned the Site for a period of at
least twenty-four (24) months before the date of application. This limitation, however, shall not apply to
any Site (a) that is owned, in whole or in part, by any Jurisdiction or by any
Redevelopment Agency, or (b) that is subject to an Exclusive Negotiation
Agreement (ENA) for purposes of redevelopment, or (c) upon which Affordable
Housing or Low Income Housing is constructed.
Section
Four: Publication and
Application
The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance shall take effect at 12:01 a.m. on ________, 2004.
This Ordinance shall not have a sunset date.
Section Six: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that
each remaining portion would have been adopted irrespective of the fact that
one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
On motion by Director ____________, and second by Director ___________,
the foregoing ordinance is adopted upon this ___ day of ___ 2004, by the
following vote:
AYES: Directors
NAYS: Directors
ABSENT:
I, ______________, Secretary to the Board of Directors of the Monterey
Peninsula Water Management District, hereby certify the foregoing is a full,
true and correct copy of an ordinance duly adopted on the ____ day of _____
2004.
Witness my hand and seal of the Board of Directors this ________ day of
____________ 2004.
Secretary to the Board
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