EXHIBIT 10-C
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ITEM: |
PUBLIC HEARINGS
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14. |
CONSIDER APPEAL BY LAS VILLAS
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Meeting
Date: |
December 13, 2004 |
Budgeted: |
N/A |
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From: |
David A.
Berger, |
Program/ |
N/A |
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General Manager |
Line Item No.: |
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Prepared
By: |
Stephanie
Pintar |
Cost Estimate: |
N/A |
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General Counsel Approval: Staff note reviewed by counsel |
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Committee Recommendation: N/A |
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CEQA
Compliance: N/A |
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SUMMARY: Las Villas Nogales Home Owner’s Association (VLNHOA) is appealing a staff determination that Water Use Credits originating from Parcels 9, 10, 11, and 12 (APNs 189-542-009, 010, 011, and 012) are not available for use on Parcel 3 (APN 189-542-003). The application for appeal is attached as Exhibit 14-A. Staff’s determination is provided as Exhibit 14-B.
District
Rule 25.5 (Exhibit
14-C) allows the reuse of saved water on the same site. Rule 25.5 (A) states: “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. A Water Use Credit shall enable
the later use of that water on that same Site.”
Staff made the determination that water was not available from Parcels 9, 10, 11, and 12 for use on Parcel 3 based on the District’s definition of the term Site. Rule 11 states:
SITE - shall mean any unit of land which qualifies as a parcel or lot
under the Subdivision Map Act, and shall include all units of land: (1) which are contiguous to any other parcel
(or are separated only by a road or easement), and (2) for which there is unity
of ownership, and (3) which have an identical present use. The term "Site" shall be given the
same meaning as the term "Parcel".
Staff has consistently implemented the definition of Site using the interpretation of “unity of ownership” as being “identical” ownership. Common ownership of one parcel by a variety of owners of contiguous and adjacent properties has not previously been considered to have “unity of ownership.” Staff has required there to be an indistinguishable record of ownership of each parcel to meet the criteria of being one “Site.” District General Counsel has supported this interpretation of the term.
The parcels from which the Water Use Credit is proposed to originate have the following owners:
APN 189-542-009 Eric Marsh
APN 189-542-010 David L. Wescott and Agneta Lenberg
APN 189-542-011 Laura Lynn Zehm and Paula M. Black
APN 189-542-012 Alfred Wardle
The parcel upon which the Water Use Credit is proposed to be used has the following owner:
APN 189-542-003 Las Villas
RECOMMENDATION: Although the title-holders of the four adjacent properties hold common ownership of parcel 3 (APN 189-542-003), staff does not believe common ownership meets the criteria for “unity of ownership” as consistently interpreted and enforced (i.e., identical ownership). For this reason, staff recommends the Board deny the appeal and adopt the Findings of Denial attached as Exhibit 14-D.
Please note Rule 181 requires the Board to disclose any oral or written ex parte communications they may have received from effected parties on all quasi-judicial actions such as this item. Disclosure should occur prior to consideration of the appeal.
14-A Application for Appeal
14-B Staff Determination of Site
14-C District Rule 25.5
14-D Findings of Denial
U:\staff\word\boardpacket\2005\2005boardpackets\20050224\PubHrgs\10\item10_exh10c.doc