EXHIBIT 11-C
FINDINGS OF DENIAL
CONSIDER APPEAL OF DISTRICT STAFF’S DECISION TO DENY
A WATER PERMIT PURSUANT TO MPWMD RULE 24-C, SPECIAL
FIXTURE UNIT ACCOUNTING – 902 VIA
1. FINDING: Mr. Adam Serrano appealed a District decision denying a water permit for a second bathroom using the District’s “special fixture unit accounting” at 902 Via Verde, Del Rey Oaks.
EVIDENCE: Application for Appeal on file at District office.
2. FINDING: District Rule 24-C, Special Fixture Unit
Accounting (amended by Ordinance No. 114), is voluntary and limits a person
taking advantage of special fixture unit accounting to no more than two
bathrooms on a site.
EVIDENCE: MPWMD Ordinance No. 114.
3. FINDING: District Rule 24-C, Special Fixture Unit Accounting (amended by Ordinance No. 114), upholds the two bathroom restriction “unless the second bathroom is permitted by debit to a jurisdiction’s water allocation.”
EVIDENCE: MPWMD Ordinance No. 114.
4. FINDING: Mr. Serrano has the option of permitting his entire project (i.e. addition of one-and-one-half bathrooms) by installing ultra low consumption appliances and using the onsite credit from removal of the utility sink, vegetable sink, and a second showerhead to offset the new water fixtures.
EVIDENCE: MPWMD Inspection Report dated June 7, 2004.
5. FINDING: District Rule 24-C changed before Mr. Serrano’s application was submitted to the District on November 1, 2004, and all water permit applications are subject to the Rules and Regulations that are in effect at the time the complete application is received.
EVIDENCE: Ordinance No. 114 was adopted in May 2004 and was effective July 1, 2004. Three public hearings were held on the proposed changes, including the two bathroom restriction, before the ordinance was adopted in May 2004. The Ordinance was published in the local newspaper, posted on the District’s website, and posted in the windows at the District office before it was adopted.
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