DRAFT
FINDINGS OF
APPROVAL
CONSIDER 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)
It is hereby found and determined as follows:
1. FINDING: Patrick D. Craig and Kathryn A. Craig appealed the General Manager’s decision to deny a water credit for exterior use for one parcel of 802 17 Mile Drive, Pacific Grove (Assessor’s Parcel Number 006-611-035).
EVIDENCE: Application for Appeal attached as Exhibit A to Public Hearing Item 9 from September 19, 2006.
2. FINDING: District Rule 25.5-C (adopted May 17, 2004), describes the process for obtaining a water credit for exterior use on vacant lots and 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.
EVIDENCE: District Rule 25.5-C is attached as Exhibit B to Public Hearing Item 9 from September 19, 2006.
3. FINDING: 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.
EVIDENCE: Examples of acceptable evidence are dated photographs, official documents, permits or correspondence of the Jurisdiction, receipts or invoices for gardening services or purchases related to Landscaping and maintaining Landscaping on the Site. Information submitted by Ms. Byrne in the letter dated April 22, 2006 (Exhibit C) to Public Hearing Item 9 from September 19, 2006 and staff observation as reported in the inspection report and photographs shown as Exhibit E to Public Hearing Item 9 from September 19, 2006.
4. FINDING: The applicant provided evidence that the two parcels have been one site as defined in Rule 11 (Definitions) since prior to the District’s current permit requirements (Ordinance No. 21).
EVIDENCE: District Rule 25.5-C (Exhibit B) to Public Hearing
Item 9 from September 19, 2006which states: “The District shall
not exact a separate calculation for exterior water usage on a vacant lot or
lot containing an uninhabitable structure when the owner of the Site has
submitted clear and convincing evidence of landscaping and irrigation that was
installed by and has been consistently maintained since March 11, 1985.”
5. FINDING: The District received additional information from Ms. Byrne on July 14, 2006 to substantiate the applicant’s position that the vacant parcel had been landscaped and irrigated since March 11, 1985.
EVIDENCE: The additional information included (1) a letter dated June 25, 2006 from the former property owner to the District, (2) a letter dated July 14, 2006 from Mr. Bruce Obbink of 835 Seventeen Mile Drive, Pacific Grove to the District, and (3) a revised Disclosure Statement (Ex Parte Communication). The cover letter and attachments are shown as Exhibit F to Public Hearing Item 9 from September 19, 2006.
6. FINDING: The appeal was considered after due process and a public hearing which included evidence and testimony of staff and the applicant’s agent.
EVIDENCE: Minutes of September 18, 2006 and the hearing transcripts.
7. FINDING: 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.
EVIDENCE: Minutes of September 18, 2006 and the hearing transcripts.
8. FINDING: It is the determination of the Board that this evidence meets the criteria of Rule 25.5-C as shown as Exhibit B to Public Hearing Item 9 from September 19, 2006.
EVIDENCE: Minutes of September 18, 2006 and the hearing transcripts.
9. FINDING: The appeal was granted and no separate calculation for exterior water usage will be made on the vacant parcel when the property owner submits plans for new construction on the vacant parcel.
EVIDENCE: Minutes of September 18, 2006 and the hearing transcripts.
10. FINDING: If a water permit is not issued for new construction on the vacant parcel before January 1, 2009, this determination shall be referred back to the Board for review and direction as to whether the exterior credits shall have continuing effect.
EVIDENCE: Minutes of October 16, 2006 and the hearing transcripts.
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