EXHIBIT 14-G
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
APN 001-021-010 through
-020; 001-022-023 through -037
Permitted System: Ocean View CSD Water Distribution System
Permittee: Cannery Row Marketplace, LLC, a California
Limited Liability Company
Adopted by the MPWMD Board on April __, 2010 pursuant
to MPWMD Rule 22-D
Preparation Date: ______ (TBD)_______
1.
The
Ocean View Community Services District (OVCSD) Water Distribution System
(Permitted System, also referred to as “OVWDS”) is authorized by the Monterey
Peninsula Water Management District (MPWMD) under Water Distribution System
(WDS) Permit #M10-05-L4 to serve all legal parcels within the Ocean View Plaza
Project (OVPP) as shown in Attachment
1. For reference, a listing of all current Assessor’s
Parcel Numbers (APN) within the OVPP is provided as part of Attachment 1. The OVPP address is currently 457, 465, 470,
484, 565 and 570 Cannery Row, City of
2.
This
Permit authorizes the Permitted System to provide treated, potable water to the
service area identified in Condition #1 for residential, commercial,
industrial, and other uses as allowed by the City of
3.
The
System Capacity (water production) limit for the Permitted System is hereby set
at 27.89 Acre-Feet per year
(AFY). The Expansion Capacity Limit is
set at 155 Connections to serve the
uses identified in Condition #2. No
municipal unit (jurisdictional) allocation is associated with this Permit so
long as the OVCSD operates the OVWDS independent from California American Water
(CAW). See also Special Condition
#28. [Rule 22-D-1]
4.
The
water source for the Permitted System is a proposed seawater desalination plant
and associated facilities located within the OVPP on Cannery Row in
Mandatory Conditions of Approval (MPWMD
Rule 22)
5. The MPWMD acknowledges that the OVPP
has previously received permits from several regulatory agencies. Precedent to use of this Permit, Permittee
shall first obtain and comply with the requirements and conditions of permits
issued by the California Coastal Commission, State and/or
6. Permittee shall execute an Indemnification Agreement, provided as Attachment 2, which holds MPWMD harmless, and promises to defend MPWMD from any claims, demands, or expenses of any nature or kind arising from, or in any way related to, MPWMD approval of the Permitted System or the adequacy of the system water supply. This Permit is not valid until the Indemnification Agreement is signed both by Permittee and MPWMD. The Indemnification Agreement must be signed and executed within 60 days of the preparation date shown (see top of page 1) for this Permit to remain valid. [Rule 22-D-1-d]
7. Permittee shall comply with MPWMD Rules
and Regulations, as applicable, relating to registering, metering and annual
reporting of production of water by the Permitted System. [Rule 22-D-1-e; Rule 22-D-2; Rules 52, 54 and
56]
8. Permittee shall annually report
production by the Water Meter Method (MPWMD Rule 56) or other method in the
form and manner prescribed by MPWMD as appropriate for a desalination
plant. The reporting year is defined as
October 1 through September 30 of the next year. [Rule 22-D-2]
9. Permittee shall comply with all MPWMD water
conservation rules and regulations, including the desalination facility
grounds. Current ordinances specify
maximum water use rates for fixtures and require new development to install
drought-resistant landscapes, and drip irrigation, where appropriate. Contact with the District Permit and
Conservation Office at 831/658-5601 is recommended. [Rule 22-D-1-f]
10. No new water meter Connections to the
Permitted System may be set until a Water Permit has been secured from MPWMD
for each Connection in accordance with MPWMD regulations governing issuance of
Water Permits, including payment of applicable fees. Connection charges shall be calculated
based on water demand estimates using MPWMD’s water demand methodology at the
time of each application. [Rule
22-D-1-g]
11. Any intensification or expansion within
the Permitted System shall require a new application and Water Permit pursuant
to MPWMD Rules 23 and 24. [Rule
22-D-1-k]
12. Any new facilities, system modifications,
expansion of service area boundaries, changed conditions regarding water
service by other entities, increase in the production or Connection limits set
in Condition #3 of this Permit, or other changes described in MPWMD Rule 20-A
or Rule 22-E shall require a Permit to amend the Permitted System. [Rules 20-A and 22-E]
13. No permanent intertie between the Permitted System and any other system shall be allowed. The Permitted System may receive non-CAW, trucked-in water in a non-fire emergency, system failure or similar short-term critical event. The term “short-term” is defined as less than or equal to 120 days. Permittee may apply in writing to the MPWMD General Manager for extensions to the 120-day time limit, each to be approved at the discretion of the General Manager upon a finding of good cause, and each to be limited to a maximum period of 120 days. Use of trucked-in water shall be guided by MPWMD Rule 173. The subject parcel is within the CAW service area, but OVPP parcels may receive CAW water solely for emergency fire service, including separate CAW meter(s) set solely for emergency fire sprinklers in the residential, commercial and industrial buildings in the service area described in Condition #1. Please refer to Special Condition #28 for other limitations on the use of CAW water. [Rule 22-C-2]
14. A back-flow protection device to prevent
contamination of the CAW system is required, if deemed necessary by CAW. A copy of documents associated with proof of
CAW backflow protection shall be provided to MPWMD, if applicable. [Rule 22-D-1-h]
15. Because the Permitted System will provide
potable water to multiple residential and commercial tenants, compliance with
California Title 22 drinking water standards, as administered by State and/or
16. Permittee is not required to carry out
additional mitigation measures to offset adverse environmental impacts above
and beyond those already specified in approvals by the City of Monterey,
California Coastal Commission, and other regulatory agencies with
authority. [Rule 22-D-1-i]
17. Permittee is required to provide a copy
of an agreement to serve water to recipient parcels because the Permitted
System is a Multiple-Parcel Connection System.
The agreement (a draft template is acceptable) must be received within
60 days of the preparation date shown (see top of page 1) for this Permit to
remain valid. [Rule 22-D-1-j]
18. Upon MPWMD approval of this Permit,
Permittee shall pay to MPWMD the invoiced cost for MPWMD staff, attorney and
consultant time spent to process the Permit subsequent to the application date,
as well as direct costs, pursuant to Rule 60, as required. Additional hours associated with review of
the Pre-Application may also be added, if applicable. The Permittee shall be provided documentation
to support the invoiced amount. This Permit is not valid until payment for the
invoiced amount is received by MPWMD.
Payment must be received by within 60 days of the preparation date shown
(see top of page 1) for this Permit to remain valid. [Rule 22-D-1-l]
19. Upon finalization of these conditions, Permittee shall sign (and notarize) a form regarding acceptance of Permit conditions for the approval of the Permitted System. By signing the form, Permittee acknowledges that Permittee understands and accepts these conditions as a binding part of this Permit approval, and agrees to carry them out faithfully. The Acceptance Form must be received within 60 days of the preparation date shown (see top of page 1) for this Permit to remain valid. [Rule 22-D-1-m]
20. Permittee
shall disclose to any future owner, successors and assigns of the property
described in Condition #1 the requirements for the Permitted System associated
with this Permit. Permittee shall advise
MPWMD in a timely manner of any changes in system ownership, system name or
other substantive changes to the system to facilitate accurate record-keeping.
[Rule 22-D-2]
21. This
Permit shall expire at the same time as the City of
22. Permittee
shall execute a Notice and Deed Restriction, prepared and recorded by MPWMD,
for parcels on which the desalination plant is located, regarding the
limitation on water use as set forth in these Conditions prior to issuance of
the final Permit. Permittee shall pay
all fees associated with preparation, review and recording of the Deed
Restriction. The Deed Restriction must be signed and notarized by the Permittee
and accepted by the Monterey County Recorder for processing within 60 days of
the preparation date shown (see top of page 1) for this Permit to remain
valid. [Rule 22-D-1-n]
23. The
Permit granted herein is subject to revocation in the event the Permittee does
not fully comply with each and every condition set forth in this
document. [Rule 22-D-1-o]
24. Nothing in this Permit shall be construed to grant or confirm any water right.
25. This permit does not authorize any act
that results in the taking of a threatened or endangered species or any act
which is now prohibited, or becomes prohibited in the future, under either the
California Endangered Species Act (Fish and Game Code Sections 2050 to 2097) or
the federal Endangered Species Act (16 U.S.C.A. Sections 1531 to 1544). If a “take” will result from any act
authorized under this Permit, the Permittee shall obtain authorization for an
incidental take prior to construction or operation of the project. Permittee shall be responsible for meeting
all requirements of the applicable Endangered Species Act for the project
authorized under this Permit.
26. Upon notice to the Permittee in writing,
e-mail or by telephone, the Permittee shall allow reasonable access by MPWMD
or its designated representative to property within the Permitted System to
inspect and photograph water production facilities and water measuring devices,
and take readings from water measuring devices.
Special Conditions of Approval for Ocean
View CSD WDS
27. Permittee shall provide to MPWMD at no
charge copies of all future hydrologic, water production and water quality
reports submitted to local, state and federal regulators, pursuant to agency
permit conditions, including those of the City of
28. Consistent with LAFCO Resolution No. 05-27 described in
Condition #21 above, the OVCSD is to be dissolved and/or the OVWDS desalination
project facilities are to be dismantled upon receipt of a formal notice from
CAW regarding its ability to fully serve the OVPP. MPWMD shall not approve CAW connections for
service to OVPP until full compliance with SWRCB Order 95-10 has occurred, and
an allotment of water is available to the project from the City of
Attachment 1: Map of Ocean View CSD Service Area, including list of affected
parcels
Attachment 2: Indemnification
Agreement to be signed by Permittee and MPWMD
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