EXHIBIT 13-C
DRAFT
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT (MPWMD)
CONSIDER APPLICATION TO
AMEND GOODRICH LINE (POTRERO) WATER DISTRIBUTION SYSTEM –
(Application #20050413SLC)
Adopted by MPWMD
Board on November __, 2005
Unless otherwise
noted, all cited evidence is available for review at the MPWMD Office,
It is hereby found and determined as follows:
1. FINDING: Santa Lucia Community Services District (“Applicant”) has submitted an application to Monterey Peninsula Water Management District (MPWMD) to amend the Goodrich Line Water Distribution System (GLWDS). The GLWDS is part of the larger Santa Lucia Preserve (SLP) Water System regulated by the Monterey County Health Department, and will serves the Potrero Subdivision area approved by the County of Monterey in February 2005. Fourteen of the 29 lots in the Potrero Subdivision are located within the MPWMD boundary, and comprise the service area of the GLWDS, defined as current Assessor’s Parcel Numbers (APN) 239-102-001 and -003. Future APNs will be assigned as the Subdivision is actually constructed. This MPWMD Permit #M05-04 addresses the Goodrich Water Distribution Pipeline and associated infrastructure to transport (import) water from wells outside the MPWMD boundary to the 14 Potrero Subdivision lots within the MPWMD boundary. The current configuration of the GLWDS pre-exists current MPWMD Rules & Regulations, and was not regulated by MPWMD at the time of construction. A permit to amend the system is currently needed due to changing regulations and an expansion of the pipeline to serve the 14 lots noted above.
EVIDENCE: Permit Application #20050413SLC, including site maps and supporting materials submitted April 13, 2005 and revised November 4, 2005; all subsequent supplementary materials and responses to MPWMD data requests between May and November 2005. MPWMD Board packet materials for November 21, 2005 public hearing on GLWDS.
2.
FINDING: The
Potrero Subdivision was approved by the
EVIDENCE:
3. FINDING: Applicant has applied for a permit to amend
the GLWDS to enable water service to 14 of 29 Potrero Subdivision lots located
within the MPWMD boundary. No change to the system capacity (production) or
expansion capacity (connection) limits previously approved by
EVIDENCE: Permit Application #20050413SLC (revised November 2005), site maps and all subsequent supporting and supplementary materials. Application for Variance signed October 27, 2005.
4. FINDING: The application to create the GLWDS, along with supporting materials, is in accordance with District Rules 21 and 22. The Application for a Variance to MPWMD Rule 22 is in accordance with Rule 90.
EVIDENCE: Permit Application #20050413SLC, site maps and all subsequent supporting and supplementary materials. Application for Variance signed October 27, 2005.
Required Findings (MPWMD Rule 22-B)
5.
FINDING: The
approval of this permit would not cause unnecessary duplication of water
service. The Santa Lucia Community Service District currently provides service
to a number of residential connections and the proposed Goodrich Distribution
Line would import water from the Santa Lucia Preserve Water System to provide
service to 14 single-family residential lots in the Potrero Area. The proposed
Distribution Line would not result in an unnecessary duplication of services
but provide a logical extension of service from an approved and permitted
system. No other water purveyor or system exists in the area to provide
services to the approved subdivision known as the Potrero Subdivision.
EVIDENCE:
MPWMD list of water distribution systems and areas served. Permit Application #20050413
6. FINDING:
The approval of this permit
would result in water importation into the MPWMD from the SLCSD in order to
service 14 single-family lots.
EVIDENCE: Permit Application #20050413SLC; MPWMD boundary location maps.
7. FINDING:
Approval of this Permit would
not result in significant environmental impacts that cannot be mitigated by
conditions attached to the permit. Monterey
County Board of Supervisors, at a public hearing on January 25, 2005, determined
that the entire Potrero project’s water use (not just the proposed extension of
the water service to serve the 14 lots under the District’s Permit Application
#20050413SLC) would not result in significant environmental impacts that could
not be mitigated. Other findings state that “the design and improvements, as
conditioned, are not likely to cause substantial environmental damage,
substantially and avoidably injure fish or wildlife or their habitat, or cause
serious public health problems.”
EVIDENCE:
Permit Application #20050412SLC; Supplemental EIR prepared for Potrero
Subdivision (certified by Monterey County February 2005); Issuance of a permit
to create the SLCSD system (Environmental Health I.D. No. 270-2521).
8. FINDING:
The application adequately
identifies the claim of right for the source of water supply and provides
supporting verification. The SLCSD system consists of 61 water production wells
and over 50 miles of completed water mains, including a water main that runs
throughout the Potrero area.
EVIDENCE:
(a) Information provided in MPWMD
Application #20050413
9. FINDING:
The application demonstrates the
existence of a long-term reliable source of supply.
EVIDENCE:
MPWMD Permit Application #20050412
10. FINDING:
The source of supply for the
Goodrich Water Distribution Line is from production facilities within the SLP
Water System operated by SLCSD; the proposed GLWDS is an extension of this
supply. The proposed connection would provide water from the existing main line
and allow the proposed GLWDS and the existing SLP Water System to share a
common supply source. (b) Currently, the
SLCSD operates a current maximum day demand of 281 gpm, which is well below
capacity (598 gpm). The projected demand for the Potrero Area Subdivision will
be 29 gpm. Even with the additional demand from the Goodrich Line, the SLCSD
would operate well below capacity. The overall water balance for the Santa
Lucia Preserve shows that the overall groundwater withdrawals projected for the
Preserve at buildout, including the Potrero Area Subdivision, can be
replenished on a yearly basis by recharge.
EVIDENCE:
Information provided in Application #20050412
11. FINDING:
The source of supply for the
Goodrich Water Distribution Line is derived from on-site water sources
throughout the Santa Lucia Preserve. The
Goodrich Water Distribution Line will connect to the SLP Water system operated
by SLCSD, which includes a network of 60 water production wells located
throughout the 20,000-acre Preserve. The supply sources are not derived from
the Monterey Peninsula Water Resources System or the waters within the State
Water Resources Control Board jurisdiction (Carmel Valley Alluvial Aquifer). There would be no direct diversion to Potrero
Creek, a tributary to the
EVIDENCE: Information provided in Application #20050412SLC; Final SEIR for Potrero Subdivision certified February 2005. Hydrogeologic maps on file at MPWMD office.
12. FINDING:
The proposed GLWDS will connect
to the SLP Water System operated by SLCSD, and will not intertie to any other
WDS. The SLCSD provides domestic and
fire flow water supply for all development in the Santa Lucia Preserve. The
Carmel Valley Fire Protection District (CVFPD) is responsible for all community
fire protection services within their district, which includes the SLCSD. Thus, emergency supplies will available in
the event of a system failure within the GLWDS, and adequate fire flow for
developed property served by this system will be provided by SLCSD.
EVIDENCE:
Permit Application #20050412
13. FINDING:
Adequate measures to protect
other water systems and sources of supply will be in place, including backflow
prevention devices.
EVIDENCE:
Permit Application #20050412
Minimum Standards for Granting a Permit (MPWMD Rule 22-C)
14. FINDING:
The applicant adequately
identifies the SLCSD as the responsible party, who, at all times will be
available and legally responsible for the proper performance of duties required
by the permit holder. The SLCSD
is a Community Services District charged with the responsibility by LAFCO and
has all the capabilities to tax and run the system appropriately. The SLCSD is an independent district with an
independent elected board of directors.
It provides a number of municipal services (water, sewer, road
maintenance, security) within its boundaries.
EVIDENCE: Permit Application #20050412SLC.
15. FINDING:
The treated water quality for
potable use will meet California Title 22 water quality standards.
EVIDENCE: Permit Application #20050412SLC materials; requirements of Monterey County Health Department for issuance of Water Supply Permit I.D. No. 270-2521.
16. FINDING:
The application identifies the
locations of the sources of supply for water distribution systems (water source
and well sites).
EVIDENCE:
The permit is for an extension of the SLCSD’s distribution pipelines to serve
14 connections within MPWMD. Permit
Application #20050412
17. FINDING:
The application meets MPWMD
Rule 22-C(4) requirement that a proposed system “will not create an overdraft
or increase an existing overdraft, unless a valid superior right is proven.” The
proposed system includes water distribution lines that would import water from
the existing SLP Water System operated by the SLCSD, and would not result in an
overdraft of water. The SLCSD currently operates below capacity and the
additional demand for the Potrero Subdivision will not result in the SLCSD operating
above capacity. Overall groundwater withdrawals projected for the SLP are
anticipated to be replenished on a yearly basis based on groundwater recharge. The
SLP Combined Development Permit Application included a Comprehensive
Hydrological Study (CHS) (Application, Section 4.6 and Technical Appendices
Section 6.9 through 6.16 inclusive) containing all required components, which
was subsequently supplemented by three Supplements dealing with specific
technical details and two Technical Memoranda regarding proposed water system
design. The CHS as supplemented was reviewed by the Monterey County Health
Department, Monterey County Water Resources Agency, MPWMD, and Ogden
Environmental and Energy Services, the independent third-party hydrologic
consultant selected and engaged by the County to review the
EVIDENCE: Permit Application #20050412SLC and supporting materials; Final SEIR for Potrero Subdivision certified February 2005. File #PC94067, Monterey County Planning and Building Inspection Department; Letter report dated December 19, 1994, from Ogden Environmental and Energy Services to Walter Wong, Monterey County Environmental Health Division. Review of Hydrologic and Wastewater Studies for Potrero Area Subdivision of the Santa Lucia Preserve, Weber, Hayes & Associates, May, 2002 (Potrero DSEIR Technical Appendices).
18. FINDING:
The application meets MPWMD
Rule 22-C(5) requirement that a proposed system “will not adversely affect the
ability of existing systems to provide water to users, unless a valid superior
right is proven.” No identified impact to the other existing systems exists.
The proposed Goodrich Distribution Line will import water from the SLP Water
System operated by SLCSD to supply water to 14 single-family residential units
in the Potrero Area. The Goodrich Line, which will provide services to the
above mentioned 14 lots, would increase demand by approximately 14 gpm,
totaling 29 gpm for the Potrero Subdivision. However, the SLCSD would still be operating
well below capacity. As a result, the proposed GLWDS would not have an adverse
affect on the existing system. No
evidence exists to indicate that the GLWDS would adversely affect any other
water system such as Cal-Am.
EVIDENCE: Application #20050412SLC and supporting materials; Final SEIR for Potrero Subdivision certified February 2005.
19. FINDING: In the review of this application, MPWMD has followed those
guidelines adopted by the State of
EVIDENCE:
CEQA and CEQA Guidelines. Transmittal
notice to MPWMD Board dated November 10, 2005 attaching Draft and Final SEIR
for Potrero Subdivision. Board action of November 21, 2005, including
confirmation of review of environmental documents pursuant to Finding #19.
Findings in Support of Application for Variance
20. FINDING:
A complete Application for
Variance form and proper fee were submitted in a timely manner for Board
action. The three criteria described in
MPWMD Rule 90 were addressed: (a)
special circumstances exist; (b) practical difficulties or unnecessary hardship
would result from the strict interpretation and enforcement of the rules; and
(c) the granting of the variance would not defeat the purposes of the MPWMD Rules
& Regulations.
EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments.
21. FINDING: To address the topic of special or unique circumstances, the
variance request identified that (1) the applicant is a public entity; (2) the
water system already exists; (3) none of the water is produced within the
District or Cal-Am service areas; (4) the MPWMD permit is only for extension of
a pipeline; (5) the extension would serve an already established and approved
service area; and (6) the proposed expansion is minor in scope (roughly 5%) as
compared to the total SLCSD service amount.
The applicant provided Findings of Approval made by
EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments, including Monterey County Findings.
22. FINDING: To address the topic of practical difficulties or hardship,
the applicant asserted that imposition of a production limit on the water
imported to the portion of the subdivision within District boundaries would
entail controlling the water use of 14 out of 29 homes in a subdivision
(resulting in unequal treatment) and interfere with the integrated water system
that currently exists. It would also not
be consistent with the current requirements and conditions of approval imposed
by
EVIDENCE: Application for Variance signed October 27, 2005, with supporting attachments, including Monterey County Findings.
23. FINDING: To address the topic of impact to MPWMD Rules & Regulations, the applicant noted that all other elements of Rule 22 would be followed, including annual reporting, conservation, indemnification, etc. The MPWMD production limit was designed to address potential effects to water resources within the District. Limiting importation into the District to serve a relatively small component of the overall water system would not further this purpose. Limiting importation to the 14 affected lots within the Potrero Subdivision would treat one-half of the subdivision differently than the other half, but would not prevent more use of water elsewhere in the system, or lead to protection of environment.
EVIDENCE:
Application for Variance signed October 27, 2005, with supporting attachments,
including Monterey County Findings.
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