RULES AND REGULATIONS REVIEW COMMITTEE
4.	DISCUSS RULE 11 DEFINITION OF "SITE" AND "UNITY OF OWNERSHIP"
Meeting Date:		April 5, 2005	Budgeted:	N/A
From:		David A. Berger,	Program/	N/A
		General Manager	Line Item No.:
Prepared By:		Stephanie Pintar	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: N/A

SUMMARY: At its February 24, 2005 meeting, the Board of Directors accepted District Counsel’s interpretation of the term “Site” as it related to unity of ownership for multiple parcels of land and denied an appeal by the Villa Las Nogales Homeowners Assocation. The Board directed the Rules and Regulations Review Committee to clarify the term “unity of ownership” in District Rule 11. “Site” is defined in Rule 11, although “unity of ownership” is not. The definition of “Site” is:

“Site shall mean any unit of land which qualifies as a parcel or lot under the Subdivision Map Act, and shall include all units of land: (1) which are contiguous to any other parcel (or are separated only by a road or easement), and (2) for which there is unity of ownership, and (3) which have an identical present use. The term ‘Site’ shall be given the same meaning as the term ‘Parcel’.”

District Counsel’s interpretation of the definition is attached as Exhibit 4-A.

RECOMMENDATION: Staff recommends the Rules and Regulations Review Committee concur with District Counsel’s conclusion that “land should be considered to be held with ‘unity of ownership’ only when the deed and title to all land comprising the ‘site’ are substantially identical, are unvaried, have uniform character, and are devoid of diversity.” Staff should be directed to include the clarification of the term “Site” in the policies and procedures clarification ordinance that will be considered by the Board in the next several months.

EXHIBITS

4-A David C. Laredo’s Memorandum to the Board Regarding Review of MPWMD Rule 25.5; Definition of “Site”

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