EXHIBIT 14-K
Monterey Peninsula Water Management District
PUBLIC HEARING ON
SINGLE-PARCEL
CONNECTION WATER DISTRIBUTION SYSTEM
ITEM: CREATE BARDIS WATER
DISTRIBUTION SYSTEM
APPLICANT: Christo Bardis c/o Christine Gianascol Kemp
MPWMD
I.D. #20040426BAR
APN: 169-181-051
LOCATION: Corner of Schulte and
HEARING
DATE: November 19, 2004 at
1:00 PM
LOCATION: MPWMD Conference Room
HEARING
OFFICER: Andrew Bell, District
Engineer
STAFF
CONTACT: Henrietta Stern
CEQA
COMPLIANCE: Notice of Exemption to
be mailed to
SUMMARY:
The Monterey Peninsula Water Management District (MPWMD) Hearing Officer will consider approval of an application to create a single-parcel connection water distribution system (WDS) as referenced above. Application #20040426BAR to create the Bardis WDS was submitted on April 26, 2004. The application form is provided as Exhibit 1. The entire package of application materials and related correspondence is available for review at the District office. The full set of application materials in the file includes:
t MPWMD Form IG96-5, Application for Water Distribution System Permit;
t MPWMD Form IG96-5, Supplemental Questionnaire;
t A map showing the subject parcel and the proposed well site;
t Application to the Health Department for construction of a water well signed by Mr. Bardis on 1/28/04;
t “Attachment to Bardis Well Application,” which includes additional information in response to application items 21 and 22;
t Historical Water Production Data (1980 to 1994) from the previously subdivided parcel;
t Table 13, SWRCB Order 95-10, Determination of Priority and Quantities;
t December 1995 Stipulation Agreement between the developer, Michael Berube, and Ray Millard, Acting General Manager of the MPWMD;
t Writ of Mandate Signed by Judge Richard Silver on August 31, 1999 for Case Number M43343, Save our Carmel River v County of Monterey, et al;
t Deed Restriction for the subject parcel signed by James Morgens on December 9, 2002. The Restriction was on a 10.02 acre “remainder” parcel shown on an attached map as APN 169-181-046;
t Stipulation and Order Re: Water Usage on Remainder Parcel, Case Number M43343 signed by Petitioner, Respondents and Real Parties in Interest and filed with the Superior Court on June 7, 2002.
Following the review of this above information, the District transmitted a letter dated May 26, 2004, advising that the application was incomplete and requesting additional information. Some written materials were provided on June 23, 2004. On August 20, 2004, the District wrote a status report letter noting the all the requested materials had not been received, and specified two remaining items. The requested information was submitted on August 23, 2004 and the application was considered complete in a letter dated September 22, 2004. Since the original submittal, the following additional information has been submitted:
t
State DWR Well Completion Report #0900420 signed
July 12, 2004;
t
Tabulated results of a nine-hour pumping test
completed July 12, 2004 by Granite Drilling;
t Title 22 Water Quality tests from Monterey Bay Analytical Services dated August 9, 2004;
t A Grant Deed to subject property showing ownership by Christo Bardis filed with Monterey County Recorder, document 2004071328;
t
Letter from applicant attorney dated September
21, 2004 clarifying lot-line adjustment plans and confirming application
description; includes letter from Grice Engineering regarding Water Demand for
Remaining Parcel dated September 20, 2004;
t
Miscellaneous e-mail and phone confirmations of
facts about the application.
Existing Setting
The referenced property is 10.02 acres and is zoned Monterey County LDR District. Allowed uses include single-family homes and guest houses, various types of farming, live-stock husbandry, agriculture and water system facilities including wells and storage tanks serving four or fewer service connections, among other uses. The existing and proposed agricultural and residential uses appear to be consistent with these zoning regulations. According to parcel maps submitted by the applicant, current structures that exist on the property include: (a) an “existing building” with concrete area, presumably the Martin produce stand; and (b) a “house, garage and barn,” presumably the Martin farmhouse. The applicant has confirmed that the existing farmhouse and produce stand on the site are served by California American Water (Cal-Am) and will continue to be served by Cal-Am.
The new 380 foot well was constructed on the same parcel and was tested in July 2004. The well was tested at 7 GPM with 21 feet of drawdown and 100% recovery in seven hours. Water quality analysis was submitted and shows that water quality meets primary drinking water standards, but exceeds secondary (aesthetic) drinking water standards.
The property is within the Carmel
Valley Alluvial Aquifer (CVAA), which is in the jurisdiction of the State Water
Resources Control Board (SWRCB). Water extractions authorized for this property
are controlled by Superior Court Case Number M43343 (Save Our
The
applicant proposes to use a new, on-site well for both potable and non-potable
uses. The potable uses would include a
new single-family dwelling (SFD) as allowed by
Previous litigation and court
action has established the maximum water production for the parcel to be 14.91
acre-feet per year (AFY) divided as follows: 0.50 AFY for (potable) residential
uses (including landscape irrigation) and 14.41 AFY for (non-potable)
agricultural irrigation. The well is
capable of providing adequate water for both the SFD as well as agricultural
uses on the parcel. The well was tested at 7 GPM with 21 feet of
drawdown, which is approximately one-fifth of the available drawdown for this
particular well. Increased pumping rates can be achieved with proportionately
higher drawdown.
According to the submitted water quality analysis, the untreated water contains levels of chloride, iron, manganese, sulfate and conductivity that exceed secondary drinking water limits. Therefore, the potable component of the water system will likely need to include treatment systems to reduce these contaminant levels. As part of the District approval process, the District will place findings and conditions noting that the well exceeds secondary drinking water standards, and that any future application(s) to replace water service for structures served by the Bardis well with Cal-Am service due to water quality deficiencies of the Bardis WDS will be opposed by MPWMD until full compliance with SWRCB Order 95-10 has been demonstrated.
Establishment of Production
Limit and Property History
The
proposed production limit of 14.91 AFY (with 0.50 AFY potable and 14.41 AFY
non-potable) is based on the complex history of development and litigation
specific to this parcel, culminating in Monterey Superior Court Case No. M43343
(Save Our
The potable, residential
component (including landscape irrigation) of the production limit is 0.5 AFY,
which is based on a site specific Hydrology Study (Grice Report, 1994) which
analyzed water demand for the subdivision that created this parcel. The demand figure of 0.5 AFY is also
consistent with current District estimates for homes and associated landscaping
in this area of
As itemized in Exhibits 2 and 3, the approval of this WDS is conditioned to be consistent with previous County land use approvals and litigation for this specific parcel. It is noted that the District’s analysis is limited to this specific application -- a single-parcel system with both potable and non-potable uses. An approved lot line adjustment may be finalized in the future, and the existing 10-acre parcel could be reduced to a five-acre or 2.5-acre parcel, and an adjacent parcel expanded by five acres or 7.5 acres; with each owned by different entities. A potential subdivision into four parcels has also been tentatively proposed. Pursuant to MPWMD Rule 11 (Definition of “Single-Parcel Connection System”) and Rule 22-E, an amended WDS permit would be required if there are changes to the number of connections, production limit, system boundaries or type, location and amount of water use.
CEQA Compliance
The
District must comply with the California Environmental Quality Act (CEQA) as
well as MPWMD regulations. Following
final approval, the District will mail a Notice of Exemption to the
County Clerk based on a Class 3
Categorical Exemption pursuant to CEQA Guidelines Section 15303 (Exhibit
4). The Class 3
exemption, “New Construction or Conversion of Small Structures,” applies
because the WDS would be appurtenant to allowed uses (residence and
agriculture) on an existing, approved residential parcel which was created as
the result of CEQA review by
The site-specific water
production limit to be imposed is consistent with past County land use
approvals and site-specific litigation.
The parcel in question is an existing legal lot of record and the types
and density of land uses are allowed as controlled by
RECOMMENDATIONS:
Staff recommends that the Hearing Officer take the following actions:
‚ Adopt the MPWMD Findings of Approval for Application #20040426BAR provided as Exhibit 2. The Findings include and refer to CEQA compliance (Exhibit 4).
‚ Approve Application #20040426BAR with the Conditions of Approval specified in Exhibit 3. These conditions include an annual system capacity (production) limit of 14.91 acre-feet per year (AFY) divided as follows: 0.50 AFY for (potable) residential uses (including landscape irrigation) and 14.41 AFY for (non-potable) agricultural irrigation. The recommended expansion capacity (connection) limit is one connection.
DISCUSSION: The following paragraphs highlight components of the Findings and Conditions of Approval.
Findings of Approval
The Findings of Approval (Exhibit
2) are based on evidence provided in the application materials (Exhibit
1 and supporting attachments on file at the District office) as well as
other sources of information. Staff
believes the application meets the criteria and minimum standards required by
District Rule 22. Pertinent information
includes zoning and existing land use, past County land use approvals, past
litigation and stipulations, technical well data, authorized water extraction
information, and specific conditions to be imposed on the approved application.
The subject property is in aquifer subunit 3.
Approval of the application is not anticipated to result in a measurable
effect on the
Production and Connection Limits, and Other Conditions of Approval
As described above, Condition #3 in Exhibit 3
sets the system capacity (production) limit to 14.91 acre-feet per year (AFY)
divided as follows: 0.50 AFY for (potable) residential uses (including
landscape irrigation) and 14.41 AFY for (non-potable) agricultural irrigation. This limit is based on Monterey Superior Court Case No. M43343 (Save
Our
Public Notice
Public notice has been provided no later than 10 days prior to this public hearing in four ways: (1) posting at the District office; (2) posting around the subject parcel as confirmed by a completed Certificate of Posting; (3) mailed notices by the District to property owners within 300 feet of the subject parcel, and (4) posting on the District website.
1 Application #20040426BAR dated April 26, 2004 (main form)
2 Draft
Findings of Approval for Application #20040426BAR
3 Draft Conditions of
Approval for Application #20040426BAR
4 Notice of Exemption from CEQA for Application #20040426BAR
5 Summary
of Site History
U:\staff\word\boardpacket\2005\20050127\PubHrgs\14\item14_exh14k.doc revised by HS, 11/12/04