ITEM:		CONSENT CALENDAR
2.	CONSIDER FINDINGS OF APPROVAL FOR APPEAL OF GENERAL MANAGER'S DECISION TO DENY A WATER CREDIT FOR EXTERIOR USE – PATRICK & KATHRYN CRAIG, 802 17 MILE DRIVE, PACIFIC GROVE (APN 006-611-035)
Meeting Date:			October 16, 2006	Budgeted:	N/A
From:			David A. Berger, General Manager	Program/ Line Item No.:	N/A
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Review: Yes
Committee Recommendation: N/A
CEQA Compliance: Exempt under Section 15301, Class 1, Existing Facilities

SUMMARY: On September 19, 2006, the Board approved an appeal by Patrick and Kathleen Craig for a water credit for exterior use for one parcel of 802 17 Mile Drive, Pacific Grove (Assessor’s Parcel Number 006-611-035). The site consists of two parcels, one with a single-family dwelling and the other vacant.

District Rule 25.5-C (adopted May 17, 2004), describes the process for documenting historic exterior water use on vacant lots to avoid a separate calculation for exterior use when a new connection (i.e. new single-family dwelling) is proposed. Rule 25.5-C requires a site owner to submit clear and convincing evidence of historical landscaping and irrigation that was installed and consistently maintained since March 11, 1985, which is the date the District’s current water permit process was established by Ordinance No. 21. Staff found that the information submitted by the applicant did not achieve the clear and convincing standard required to grant credit for historical landscaping and irrigation that was installed and consistently maintained since March 11, 1985.

The appeal was considered on September 19, 2006, after due process and a public hearing which included evidence and testimony of staff and the applicant’s agent. Evidence received during the hearing established, to a clear and convincing standard, that the landscaping and irrigation was installed and consistently maintained since March 11, 1985.

RECOMMENDATION: Staff recommends the Board approve and adopt the Findings of Approval for the Craig Appeal (shown as Exhibit 2-A).

EXHIBIT

2-A Findings of Approval

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