EXHIBIT 3-A
First
Conceptual Draft prepared June 11, 2009
ORDINANCE NO. XX
An
Ordinance of the Board of Directors of the
Monterey
Peninsula Water Management District
Creating an Exemption for Pre-Existing,
Non-Conforming Uses in the Regulation
of Water Distribution Systems (Rule 20-C)
FINDINGS
1. The Water Peninsula Water Management
District (MPWMD or District) is charged under the Monterey Peninsula Water
Management District Law with the integrated management of the ground and
surface water resources in the
2. The Water Management District has
enacted, by ordinance, a set of Rules and Regulations to implement its
statutory authority. District Rule 11
defines the terms used in the regulation of Water Distribution Systems (WDS). District Rules 20, 22, 40, 54-56 and 173
further define procedural and substantive rules that regulate these
systems. Although these rules have been
amended from time to time, the fundamental scope of these regulations was first
enacted in the early 1980s. Significant
refinements, changes and additions to the rules and regulations governing water
distribution systems were adopted as part of Ordinance No. 96 in March 2001, as
part of Ordinance No. 105 in December 2002, and as part of Ordinance No. 122 in
August 2005.
3. From time to time, certain unique
situations arise where normal application of the MPWMD Rules & Regulations
are not reasonable in that a permit would be required pursuant to one MPWMD
rule to retroactively approve a project already approved by MPWMD in compliance
with another MWPMD rule, as well as by other local governmental agencies. In some cases the approved structures have
already been constructed and occupied for several years. An exemption to the need for a WDS permit in
certain unique situations is being considered by the District Board to address
this situation.
4. Ordinance No. XX would create a new
category of exemption (Rule 20-C-12) that would not require a WDS permit for a pre-existing,
non-conforming WDS that involve a unique and substantive history of use,
including completion of all of the following actions within specified time
frames: (a) completion of the well (or other source of supply) based on proper County
approvals to construct the well which serves the WDS; (b) Health Department
permits for a water system for multiple connections, as applicable; (c) proper
registration and metering of the well with MPWMD, and compliance with annual
reporting requirements; (d) Water Permits issued by MPWMD for homes or businesses
served by the WDS; (e) use permits, building permits and/or related approvals
by the local jurisdiction in which the parcel is located; and (f) construction
and occupancy of the approved structures. This ordinance addresses situations
where, for unknown reasons, the normal protocol specified in the MPWMD Rules
& Regulations were not stringently followed in the past.
5. The Water Management District Board of
Directors determines that this ordinance is exempt from the California
Environmental Quality Act (CEQA), based on CEQA Guidelines Section 15301,
Existing Facilities. Adoption of this
ordinance would not enable any new use that has not already been established
for several years. Pursuant to Rules 20
and 22, any change from the pre-existing situation would require a permit to
amend the WDS.
6. This ordinance
shall amend Rule 20 of the Rules and Regulations of the Water Management
District.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section One: Short Title
This ordinance shall be known as the Pre-Existing,
Non-Conforming Water Distribution System Exemption Ordinance (Rule 20-C).
Section Two: Purpose
This ordinance shall revise the permanent
Rules and Regulations of the Water Management District to clarify procedures and
exemptions that affect creation or amendment of water distribution systems.
Section Three: Amendment of Rule 20 (Permits
Required)
District
Rule 20 shall be amended by deleting the following provisions shown in
strikeout text (strikeout), and by adding the following provisions set
forth in italicized and bold face type (bold face).
RULE 20. PERMITS REQUIRED
[There are no changes proposed for Rule
20-A, 20-B, or 20-D.]
C. EXEMPTIONS
FOR WATER DISTRIBUTION SYSTEM PERMIT
An MPWMD Water Distribution System Permit
is not required for the following situations:
1. For properties that lie outside the
District boundary, where both: (a) the property to be served is wholly outside
of the boundaries of the Monterey Peninsula Water Management District; and (b) the water source is
also located outside of the District boundary.
2. For properties that straddle the
District boundary, where both: (a) the portion of the property served by the
Water Distribution System is outside of the District boundary; and (b) the
Source of Supply is outside of the District boundary.
3. A system that meets all of the
following criteria: (a) well site is located outside of the Carmel River Basin
and the Seaside Groundwater Basin as shown in maps provided in the
Implementation Guidelines; (b) property is comprised of one or two Residential
Parcels totaling less than 2.5 acres in size; (c) property is located outside
of the California American Water Service Area as shown in maps provided in the
Implementation Guidelines or is not served by California American Water by a
remote meter; (d) well site is located more than 1,000 feet from any Sensitive
Environmental Receptor as defined in Rule 11; and (e) well site is located more
than 1,000 feet from an existing Well that is registered with the District
and/or included in the District well database at the time of the
application. The
4. For a Single-Parcel Connection System located
within the Carmel River Basin that meets all of the following three criteria:
(a) the well location lies outside of the mapped area 1,000 feet from the Carmel Valley Alluvial Aquifer or 1,000
feet from Tularcitos, Hitchcock Canyon, Garzas, Robinson Canyon or Potrero
Creeks; (b) a valid well construction permit by the Monterey County Health
Department was issued prior to January 15, 2003; and (c) the Applicant makes
the Well active, registers the Well with MPWMD, meters the Well, has the Well inspected by MPWMD,
and receives an approved MPWMD Water Meter Installation Inspection form issued
on or before June 30, 2003.
5. To Reactivate, Refurbish or Replace
existing Wells that are registered with the District, as defined in Rule
11. To qualify for this exemption, the
Reactivated, Refurbished or Replacement Well must have substantially the same
purpose and Capacity of the structure replaced. The replacement structure must be consistent
with other MPWMD Rules and Regulations.
This exemption from the MPWMD permitting process does not affect in any
way the Applicant’s obligation to comply with permit requirements by other
regional, state or federal agencies.
This exemption shall not apply to an Abandoned Well, or replacement of
an Abandoned Well, or Wells that have been Inactive for more than 10 years.
6. For On-Site Cisterns that serve
existing single-parcel connections, (i.e. Residential situations where
rainwater is captured for On-Site landscape irrigation use).
7. For deliveries of water by commercial
companies in volumes less than or equal to 55 gallons per container.
8. For an existing or future new Irrigation System, owned and operated by MPWMD, which exists solely to irrigate
riparian vegetation in the Carmel River Riparian Corridor as part of the MPWMD
Water Allocation Program EIR Mitigation
Program.
9. For an existing, expanded or new non-MPWMD
Irrigation System that is served by a Well completed prior to January 15, 2003 with
the purpose to irrigate riparian vegetation in the Carmel River Riparian
Corridor pursuant to conditions of approval of an MPWMD River Work Permit, a contract with MPWMD,
or any other irrigation use approved by the District. This exemption does not apply to Irrigation
Systems that are served by Wells completed on or after January 15, 2003.
10.
For
a Water Distribution System in existence
prior to April 18, 2001 that is comprised of multiple, contiguous Parcels owned
by the same owner.
Such a system may be referred to as “pre-existing
Multiple-Parcel Connection System.” However, any amendments to such a Water
Distribution System on or after April 18, 2001 must be permitted by the District pursuant to Rule 22.
11. For a Water Distribution System that
serves water to Parcels within the Former Fort Ord Lands within MPWMD, but that
does not derive water from the
12. For a pre-existing, non-conforming Water
Distribution System that involves a unique and substantive history of use,
including completion of all of the following actions within the specified time
frames as follows: (a) completion of the source of supply (typically a Well,
but not limited to a Well) prior to April 2001, based on proper County
approvals to construct the Well; (b) Monterey County Health Department permit
for a water system for multiple connections, as applicable, issued at least
five years prior to the effective date of this ordinance (i.e., before _______
2004); (c) proper registration and metering of the well as confirmed by MPWMD
at least five years prior to the effective date of this ordinance, and
compliance with annual MPWMD reporting requirements; (d) obtain Water Permit(s)
from MPWMD for homes or businesses served by the water system issued at least
five years prior to the effective date of this ordinance; (e) obtain use
permits, building permits and/or related approvals from the local jurisdiction
in which the parcel is located at least five years prior to the effective date
of this ordinance; and (f) construct and occupy the approved structures for at
least three years prior to the effective date of this ordinance. This exemption is for the pre-existing
situation only, and does not allow any substantive change in water production,
water production facilities, and types of uses served. Baseline system limits shall be identified
pursuant to Rule 40.
13. Any
exemption pursuant to this Rule 20-C, however, shall not be construed to exempt the
facility or its Owner or Operator from any other requirement set forth in these
MPWMD Rules and Regulations, or any other regulatory or legal requirement.
Section Four: Publication
and Application
The
provisions of this ordinance shall cause the republication and amendment of the
permanent Rules and Regulations of the Monterey Peninsula Water Management
District.
Section
titles and captions are provided for convenience and shall not be construed to
limit the application of the text.
Section Five: Effective
Date and Sunset
This
ordinance shall be given effect at 12:01 a.m. on the 30th day following the date of
its adoption on second reading.
Section Six: Severability
If
any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that each
remaining portion would have been adopted irrespective of the fact that one or
more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
On
motion of Director Pendergrass, and second by Director Edwards, the foregoing ordinance
is adopted upon this ___ day of _____, 2009 by the following vote:
AYES: Directors _____
NAYS: Directors
_____
ABSENT: Directors
_____
I,
Witness my hand and seal of the Board of
Directors this ____ day of _____, 2009.
____________________________________
U:\staff\word\committees\RulesRegsReview\2009\20090618\03\item3_exh3a.doc
Prepared
6/11/2009