EXHIBIT 2-A
PRELIMINARY DRAFT
ORDINANCE NO. 124
AN ORDINANCE OF
THE BOARD OF DIRECTORS
OF THE
MONTEREY
PENINSULA WATER MANAGEMENT DISTRICT
CLARIFYING
RULES RELATED TO WATER PERMITS AND CREDITS
1. The Water Management 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 general and
specific power to cause and implement water conservation activities as set
forth in Sections 325 and 328 of the Monterey Peninsula Water Management
District Law.
3. The terms defined in this ordinance clarify
operations of the existing water permit and water credit processes.
4. This ordinance revises Rule 20 to clarify the
triggers for a water permit, clarifies enforcement and provides notice that
environmental review of a project requesting a permit to connect to or modify a
connection to a water distribution system.
5. This ordinance revises Rule 21-B to describe
only the water permit application.
6.
This
ordinance revises Rule 23 to clarify the actions taken to process new, amended,
temporary, and conditional water permits and adds mandatory conditions of
approval.
7. This ordinance revises Rule 24 to clarify the
process used to calculate connection charges and water demand for proposed
projects, and adds existing administrative procedures formerly not included in
the Rules and Regulations.
8. This ordinance revises Rule 24 to clarify the
process for approving permits with special circumstances.
9. This ordinance revises Rule 24 to clarify
connection charge calculation and refunds to conform to administrative practice
and to eliminate outdated language and redundancy.
10. This ordinance revises Rule 25 to specify an
expiration date for water permits, clarify and streamline the process for
suspending a water permit, and clarify when an adjustment to an allocation or
entitlement occurs in keeping with current administrative practice.
11. This ordinance revises Rule 25.5 to clarify
the processes for establishing a Water Use Credit or an on-site credit and to
add existing administrative procedures formerly not included in the Rules and
Regulations.
12. This ordinance clarifies Rule 28, relocates
text on governmental open space transfers formerly found in Rule 24 adds
existing administrative procedures formerly not included in the Rules and
Regulations.
13. This ordinance revises Rule 30 to address
on-site water credits and entitlements and deletes an inactive process for
adding water savings above the District’s 15 percent conservation target to a
jurisdiction’s water allocation.
14. This ordinance shall revise, amend and
republish Rules 11, 20, 21, 23, 24, 25, 25.5, 28 and 30 of the Rules and
Regulations of the Water Management District.
15. This ordinance has been reviewed and approved
under CEQA (California Environmental Quality Act) based upon a Negative
Declaration.
NOW THEREFORE be it ordained as follows:
ORDINANCE
Section
One: Short
Title
This
ordinance shall be known as the 2006 Water Permit and Water Credit
Clarification Ordinance of the Monterey Peninsula Water Management District.
Section Two: Purpose
This ordinance amends the Rules to clarify
the processes related to the administration of water permits and water
credits. This ordinance updates the
definitions used by the District and simplifies the language of the current
Rules related to water permits and water credits to reflect current practices.
Section Three: Definitions
A. All terms defined by Rule 11 of the Rules and
Regulations of the District shall be capitalized throughout the Rules and
Regulations.
B. Unless the context specifically indicates
otherwise, the following words or phrases shall be given the definitions set
forth below and shall be permanently added to or deleted from Rule 11,
Definitions, of the Rules and Regulations of the District. Revised
text is shown in bold italics (bold italics) and strikeout
(strikethrough).
“Large Project” - shall be a commercial project with a projected
water demand of over one acre-foot annually.
“Government Project” - shall be a project owned and operated, or financed by a
governmental agency.
“Complex Financial Underwriting” - shall be determined at the
discretion of the Board of Directors.
Section
Four: Amendment
Of Rule 20
Rule 20 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
RULE 20 -
PERMITS REQUIRED
A. PERMIT TO CREATE/ESTABLISH A
WATER DISTRIBUTION SYSTEM
Before any person creates or establishes a water distribution system, such person shall first obtain a written exemption or permit from the District.
Before any person creates or establishes a mobile water
distribution system, such person shall obtain a written permit from the
District.
Desalination, reclamation or importation facilities
located within the District are not exempt because the source of supply is considered
to be the water emanating from a facility within the District.
Persons who hold a valid permit for construction
and operation of a water distribution system from the Monterey County Health
Department, prior to March 12, 1980, or a water distribution system in
existence prior to that date, shall be deemed to have been issued a permit in
compliance with these Rules and Regulations.
Persons who filed a completed application to the Monterey
County Health Department, date-stamped by the Department on or before March 19,
2001, for construction of a well serving a single-parcel connection water distribution
system shall be deemed to have been issued a permit in compliance with these
Rules and Regulations provided all of the following actions are taken: (1) the applicant receives a valid well
construction permit from the Monterey County Health Department, makes the well
active, meters the well, has the well inspected by MPWMD and receives an approved MPWMD Water
Meter Installation Inspection form issued on or before October 15, 2001; and
(2) each water-gathering facility of that system
was registered with the District on or before October 15, 2001.
No mobile water distribution system shall be
issued a permit under the provisions of the previous paragraph. Each such system shall be required to apply
for and obtain a permit in accord with Rules 21 and 22.
The expansion capacity limit and system capacity of previously existing
systems shall be determined pursuant to Rule 40 (A).
An
owner or operator
of a water distribution system shall not modify, add to or change his/her
source of supply, location of uses, change annual production or connection
limits, or expand the service area unless that person first files an
application to do so with the District and receives an amended
creation/establishment permit.
B. PERMITS TO EXPAND/EXTEND CONNECT TO OR MODIFY A CONNECTION TO A WATER DISTRIBUTION
SYSTEM
Before any person expands/extends connects to or modifies a water use
connection to a water distribution system or to any mobile water distribution system, such person shall obtain a
written permit from the District or the District’s delegated agent, as
described in District Rules 21, 23
and 24. The addition of any connection or any
water-gathering facility to a water distribution system and/or the intensification
of use modification of an
existing water connection to any water distribution system permitted and regulated by the
District shall require a water
permit be deemed an expansion or extension of that system. Any change in use, size, location, or
relocation of a connection or water-measuring device which may allow an intensification of use or
increased water consumption, each use of
an on-site credit or Water Use Credit or any permit transfer pursuant to
Rule 28 which may allow an intensification of use or increased water
consumption, any modification to
residential water fixtures including landscaping changes when a landscape plan
has been reviewed and approved as a component of a water permit, and/or any change in use or
expansion of a non-residential use shall be deemed require a water permit an expansion or extension of that system.
Installing new water fixtures (i.e.,
other than replacing existing water fixtures) in a residential use or changing
use of a non-residential facility to a more intensive use as shown on Table II
(Rule 24) without a water permit shall provide cause for the District to
restrict or terminate water on that Site.
It shall be the responsibility of the Jurisdiction to complete any applicable
environmental review on a project prior to authorizing a water permit release
via the Water Release Form. Each
application for a water permit shall follow the process set forth in Rule 23. A proper applicant for such an expansion/extension
water permit may be either the owner or operator of the water
distribution system, the prospective user of the proposed connection
as the real party in interest, the
property owner, or any agent thereof.
C. EXEMPTIONS FOR WATER DISTRIBUTION SYSTEM
PERMIT
A 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 (Cal-Am) service area as shown in maps
provided in the Implementation Guidelines or is not served by Cal-Am as 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
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
projects 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 amendment to such a water
distribution system on or after April 18, 2001 must be permitted by the District pursuant to Rule 22.
11. To only construct (but not use) the
system components. The District permit
enables use of a water well or any other water distribution system
component.
12. Any exemption pursuant to this Rule 20-C,
however, shall not be construed to exempt the
facility or its owner/operator from any other requirement set
forth in these MPWMD Rules and Regulations, or any other regulatory or legal
requirement.
D. PERMIT TO
UNDERTAKE WORK ON PROJECTS WITHIN THE RIPARIAN
CORRIDOR
Before any individual may undertake any work or
project within the riparian corridor, including but not limited to channel
modification, riverbank works, or vegetation removal, such person shall obtain a prior written river
work permit from the District in accord with Rule 126 or meet the emergency
river work permit criteria of Rule 126 C, or be expressly exempt from the river
work permit requirement pursuant to Rule 126 B.
Section
Five: Amendment
of Rule 21
Rule 21-B shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
B. APPLICATION FOR PERMIT TO EXPAND/EXTEND
CONNECT TO OR MODIFY A CONNECTION TO A
WATER DISTRIBUTION SYSTEM
The applicant for a Water
Permit to Expand/Extend connect
to or modify a water use connection to a Water Distribution System shall
submit the following:
1. A completed written application in the
manner and form prescribed by the Implementation Guidelines; and
2. For those potable system applications
for which a building permit is pending, one complete set of architectural
drawings that reflect water use pursuant to Tables 1 or 2 of Rule 24, together
with any amendment, addition, or
modification of those drawings which may be made
prior to use or occupancy of the project, and including any drawings
which may be submitted to the municipal unit for land use or building
approvals, and a statement of near-term need for the proposed
expansion/extension; and
3. For subpotable systems, and for
exterior use for all systems on lots greater than 10,000 square-feet in
size, an itemized estimate of water use in the form of a landscape
budget or other alternate water demand estimate as approved by the General Manager; and
4. Architectural drawings for each change
in the project made prior to use or occupancy which may affect the project’s capacity to use water; and
5. The applicable fees prescribed in Rule
60; and
6. The connection charge prescribed in
Rule 24.
Section
Six: Amendment
Of Rule 23
A. Rule 23, as published prior to the adoption
of this ordinance, and as shown in strikeout below, shall be deleted in its
entirety.
RULE 23 - ACTION
ON APPLICATION FOR PERMIT TO EXPAND OR EXTEND
A WATER DISTRIBUTION SYSTEM
A. APPLICATIONS TO INTENSIFY WATER USE
An expansion/extension permit shall be
required from the District for each Intensified
Water Use (defined by Rule 11).
Intensification of Water Use without a permit shall
provide cause for revocation by the District of all water use by any person on that Site. Each application for a permit to expand or
extend a water
distribution system and each application for an amended expansion/extension
permit shall follow the process set forth in Rule 23. The District may issue the
permit when the following applies:
1. The District shall
issue an expansion/extension permit for a project when:
a. the District has first received and approved
a complete application which includes evidence of each Discretionary Approval
required for the proposed use, a complete and final set of construction
drawings, and (if required by the Jurisdiction) a final landscape plan, and
b. the District has first received payment
in full for all applicable District fees and charges based upon the incremental
increase in the potential water use capacity for
that individual project.
c. the District has first received a Water Release
Request from the applicable Jurisdiction (the city, county or the airport
district) pertaining to the Parcel on which
the water use shall occur, and
d. the total quantity of water reserved
for all projects within a Jurisdiction
does not exceed that Jurisdiction’s total water allocation.
e. the District has not determined to
temporarily delay the issuance of permits by reason of a declared Water Supply
Emergency.
2. As an alternate to the process set
forth in (1) above, the District may issue an expansion/extension permit for an
application without a Water Release Request because of one of the following
reasons:
a. the proposed Intensified Water Use has
been authorized by the District to derive some or all of its capacity for water
use from the District Reserve
allocation, or
b. the application requests a permit to
Intensify Water Use which derives from a water supply other than the Monterey
Peninsula Water Resource System, or
c. the application has been determined to
not cause an Intensified Water Use, or causes an increase as specified pursuant
to subparagraph (6) below (Rule 23 A (6)).
d. the application requests a permit based on
a prior Water Use
Credit, which applies to that Site.
e. the application requests a permit to
use water for a project which shall not
permanently Intensify Water Use as it requires only a short term need for water
and the application shall be processed pursuant to Rule 23 B.
3. In the absence of special circumstances
or undue hardship, the District shall not issue an expansion/extension permit,
which results in the installation of a new water meter, which shall serve water
to more than one user. Multiple users
shall apply for separate permits pursuant to this rule. This provision, however, shall not prevent
the issuance of a permit, which shall allow a single user to extend incidental
water use (e.g. a single bar sink).
This provision shall be construed to enable the issuance of permits for Intensified
Water Use which are required by reason of a change in occupancy or use of an existing
structure without a requirement to install separate water meters for each
separate use or user provided no substantial structural modifications are
necessary to facilitate the changed use.
Any such extension shall nonetheless be processed in accord with Rule 24
(Connection Charges).
4. The District shall not issue an
expansion/extension permit if the District Board has
determined that the water
distribution system affected by that permit has exceeded its expansion capacity limit.
5. The District shall
not issue an expansion/extension permit when any portion of the expansion or
extension lies outside of the affected water distribution system service area.
6. The District shall not issue an
expansion/extension permit until all fees and connection charges are paid in
full by, or on behalf of, the applicant.
At the time of first use or occupancy of the project, the General Manager may adjust the
charge and the water debited from the Jurisdiction’s Allocation, and
cause a partial refund or the imposition and collection of an additional
connection charge in accord with the provisions of Rule 24. In the event the adjusted connection charge
is not paid in full within a reasonable period, the water use permit shall be
revoked.
7. The District shall not issue an
expansion/extension permit which allows the use of potable water for green-belt
irrigation when alternate sub-potable
water is reasonably available to the Site (see Rules 23 C, 131 and 132).
8. Staff determinations under this rule,
either issuing or refusing to issue a permit, may be appealed to the Board
pursuant to Rule 70.
B. TEMPORARY EXPANSION/EXTENSION PERMITS
Notwithstanding any provision of Rule 23 (A), the
General Manager may issue a
temporary expansion/ extension permit to
applicants who do not possess a valid municipal or county building permit as
provided in Rule 23 (A), provided the applicant has demonstrated that the
expansion is reasonably necessary to satisfy the near-term water needs of the
applicant. Each temporary expansion/extension permit issued by the General
Manager shall be subject
to the following conditions:
1. The temporary permit shall not confer a
property interest upon the grantee to obtain or use water after expiration
and/or revocation of the permit.
2. The temporary permit is subject to
revocation during its term without cause, without hearing, upon thirty (30)
days notice.
3. The temporary permit shall terminate on
the date specified on the permit, and if no date is specified, shall terminate
one (1) year after the temporary permit is issued.
4. Any use of water through the connection
or water meter installed pursuant to the temporary permit following expiration
and/or revocation of that permit shall be unauthorized.
5. The applicant for the temporary permit
shall acknowledge in writing that the temporary permit does not confer a right
to obtain or use water upon expiration and/or revocation of the temporary
permit.
6. The applicant for the temporary permit
shall consent to the physical removal of the connection and/or water meter upon
the expiration and/or revocation of the temporary permit.
7. The terms and conditions of the
temporary permit shall be recorded in the office of the Monterey County
Recorder against the real property which is by the connections, and shall
operate as a covenant running with the land.
8. The applicant shall pay any applicable
fee pursuant to Rule 24 and Rule 60.
The General Manager may place further conditions
upon the grant of the temporary permit, as he/she deems proper. Determinations of the General Manager under
this Rule, either issuing, conditioning, or refusing to issue a temporary
permit, may be appealed to the Board pursuant
to Rule 70.
C. CRITERIA TO PROCESS APPLICATIONS TO
INTENSIFY WATER USE
The following procedure and criteria shall apply
to any application for new or Intensified
Water Use.
1. Water Release
Request (Water From a Jurisdiction Allocation). Before a permit shall be
issued by the District to allow new or Intensified Water Use (including
applications for changed use through an existing water meter) the District
shall first receive a Water Release Request from the Jurisdiction, which has
land use planning authority over the Parcel on which
that water use shall occur. The District
may nonetheless
receive and process applications without a Water Release Request under the criteria
set forth in Rule 23 A (2) -
a. use authorized from the District Reserve
allocation, or (b) use from a water supply other than the Monterey
Peninsula Water Resource System, or (c) no intensification of water use in an
existing connection, or (d) use based on a prior water use credit for that Site, or (e) use
for a temporary purpose.
2. Water from the District Reserve
Allocation. The District Reserve
Allocation constitutes a special allocation, which may be used to make water
available to Regional Projects of special benefit to avoid the individual
drawdown of a Jurisdiction’s allocation, which would otherwise occur, or for
drought or other reserve purposes.
Release and use of this water is at the sole and exclusive discretion of
the District.
Regional Projects, which may qualify for water from the Reserve Allocation,
shall be non-profit, provide for the health, safety and/or welfare of the community,
and provide regional non-denominational benefit to residents of the greater
A project sponsor or a Jurisdiction
seeking water from the District Reserve Allocation shall make a written request
to the District. The District may refer
that request to TAC or PAC for recommendation,
or may act on the request directly. The
District in its sole and exclusive discretion may deny, approve, or approve in
part the request. Water use shall be
debited from the District Reserve allocation in the same manner used for each
Jurisdiction’s Allocation.
3. Water Connection Permit. An expansion/extension permit from the
District shall be required prior to any new or Intensified Water Use. To obtain that permit, a complete application
shall be submitted to and approved by the District. A complete application must include the
record of each Discretionary Approval required for the proposed use, a complete
and final set of construction drawings, a complete landscape plan where such a
plan is required by the Jurisdiction, and payment in full of all applicable
District fees and charges based upon the potential water use capacity for
that individual project. The term
“Discretionary Approval” shall mean each land use planning and zoning approval
required for the project, a use permit if one is required, and prior completion of
all applicable design review or approval.
4. Quantity of Water Permitted for Use. Upon receipt of the complete application for
the expansion/extension permit, District staff shall calculate
the water use capacity for the project, verify release of water by the
Jurisdiction, and based on water use capacity quantify the amount of water
actually permitted. The District shall
issue a permit, which allows installation of a new water meter connection, only
when the projected water use capacity equals or is less than the Water Release
Request. If a new connection has
capacity for water use in excess of the quantity in the Water Release Request,
a permit for the new water meter connection will be issued by the District only
upon receipt of an amended Water Release Request from the Jurisdiction.
5. Residential Water Demand. Each authorization for interior water demand
for residential water connections shall be based on the fixture units planned
for that Site. Water use
capacity for remodeling or replacement of an existing residence, or for any new
residence shall be based on the increase in fixture units on the Site. A single standard shall apply to the
calculation of fixture units regardless of where the property is located. This method shall not include an increment of
water for open space or landscape use.
Instead, landscape water demand for each residential use shall be
calculated by the District independent from the fixture unit criteria. The Board of
Directors shall adopt guidelines to guide staff’s implementation of the
landscape water use criteria and calculation process provided by this Rule.
6. Adjustment of Allocation Upon
Issuance of Permit. Water capacity
allowed by each permit shall be deducted from that Jurisdiction’s
Allocation. Each project, which allows
new water use capacity through an existing connection due to Intensified
Water Use, shall require an expansion/extension permit and also have the
quantity of water allowed by permit debited
from that Jurisdiction’s Allocation. A
permit for water use, which derives wholly from the District Reserve
Allocation, however, shall be deducted from the District Reserve
allocation. A pro-rata split shall be
made for those permits, which are based on water from both a Jurisdiction’s
Allocation and the District Reserve, or two or more Jurisdictions, which may participate,
in a joint project.
7. Process. The General Manager
shall review each application, and if he determines the application to be
incomplete, he shall request the applicant to submit additional
information. When the application is
complete, the General Manager (or the Board of Directors for those applications
not acted upon by the General Manager) shall:
a. Classify any proposed connection as
“Residential, Commercial/Governmental, or Industrial” as defined in these
rules. If such proposed connection cannot be adequately categorized pursuant to
existing data, the General Manager or the Board of Directors by exercise of
discretion may require additional information, or define such connection as
either residential, commercial/governmental, or industrial based upon
connection. Determination of connection
categorization by the General Manager may be appealed
pursuant to Rule 70.
b. For each application, which proposes to
use potable water the General Manager or the Board of
Directors shall determine
whether or not, an alternate supply of water, including sub-potable
water, is reasonably available to that applicant. Facts to support this
decision may be derived from existing data, or from a scope of work required of
the applicant. The decision regarding
reasonable availability of sub-potable water shall conform to the findings set
forth in Rule 131. The burden of establishing
the non-availability of any alternate water supply, including sub-potable
supplies, shall rest with the applicant.
c. Each permit may have
conditions placed upon the use of water allowed by that connection in accord
with Subdivision C of this rule.
Conditions may be devised to minimize non-essential uses of potable
water.
d. After each connection is categorized,
the non- availability of alternate supplies has been determined, and
appropriate conditions have been drafted, and when the General Manager is
authorized to act on the application pursuant to Subdivision A of this rule,
the General Manager shall issue the permit within thirty (30) days.
e. When the General Manager is not
authorized to act on an application, or when the General Manager does not act
within thirty (30) days, action on the application shall be referred to the
Board of Directors for action in accord with this subdivision.
D. CONDITIONS AND CONDITIONAL WATER PERMITS
The Board, or the General Manager on those
applications acted upon by the General Manager, may place conditions upon the
grant of any expansion/extension permit.
For any permit, which would allow the use of potable water for greenbelt
irrigation, the following condition shall be imposed:
1. The holder of this permit, or the
holder’s successor in interest, shall not use water derived from this
connection to irrigate any greenbelt the Monterey Peninsula Water Management
District has declared by resolution that sub-potable water as defined by the District’s Rules
and Regulations is reasonably available for such use.
2. A category of water permits known, as
Conditional Water Permits shall be available to a limited group of water permit
applicants under restricted circumstances and only with the jurisdiction’s
endorsement. A Conditional
Water Permit creates a record
that specifically quantifies the increment of water assigned for use at the
location designated by the jurisdiction and debits the jurisdiction’s water
allocation. Conditional Water Permits
are available to those projects that are unable to meet all of the criteria of
Rule 23-A-1 (a) and meet the requirements of Rule 23-D-2.
A. The following categories of projects may obtain a Conditional
Water Permit:
1. Large Projects - Commercial projects
with a projected water demand of over one acre-foot
annually.
2. Government Projects - Projects owned
and operated, or financed by a governmental agency.
3. Projects with Complex Financial
Underwriting - Determined at the discretion of the Board of Directors.
B. The Conditional Water Permit may be
issued when the following criteria have been met:
1. There is no water supply emergency;
2. There is sufficient water supply in the
jurisdiction’s
allocation;
3. The governing body of a jurisdiction
submits a written request that a Conditional Water Permit be issued to a
project;
4. A completed Water Release
Form for the project is submitted which includes the authorizing signature of
the jurisdiction to debit its water allocation;
5. Payment of all connection charges and
processing fees has been received by the District.
C. A Conditional Water Permit must be
finally approved by the General Manager, following review of the proposed
conditions by the District’s legal counsel.
The notarized signature of the project applicant is required before the General
Manager’s signature is obtained.
D. A Conditional Water Permit shall be
numbered with the next sequential alpha and numeric number beginning with
C-001, C-002, and etcetera. A final
water permit bearing
the final water permit number referenced in the conditional water permit shall
be maintained, unsigned in the District’s file.
An amount of water approved for use by the jurisdiction for the project
will be debited from the jurisdiction’s water allocation at the time the
conditional water permit is issued.
E. A Conditional Water Permit does not
allow the setting of any water meter or the start of any new or expanded water
use until the conditions of the permit have been met.
F. A condition shall be included in all
Conditional Permits, which requires the adjustment of the connection charge to
accurately reflect the cost-per-acre-foot at the time the final water permit is
issued. Any difference in the connection
charge between the time the Conditional Water Permit is issued and the final
Water Permit is issued must be paid in full.
G. Each Conditional Water Permit is time
limited. The Conditional Water Permit
shall expire on December 31st of the year following issuance.
H. A written request for extension of the
Conditional Water Permit may be requested and shall require Board authorization
for extension. Requests for extension
must be received no later than forty-five (45) days prior to expiration and
must include an explanation for the request and the jurisdiction’s agreement
that the Board should grant an extension.
E. VERIFICATION OF WATER USE CAPACITY
To implement Regulation II, the General Manager
or his agent acting in accord with the provisions of Section 363 of the District
Law may enter on to any property for purposes consistent with this Regulation
II and for the purpose of making investigations relating to water use capacity
at that site. For such purposes, the
authorized representative of the District, upon presentation of credentials and
with permission of the occupant, or if necessary under the circumstances, after
obtaining an inspection warrant pursuant to Title 13 (commencing with Section
1822.50) of Part 3 of the Code of Civil Procedure, shall have the right of entry
to any premises to verify and inspect the water use capacity and type of water
use fixtures within that structure.
If access is denied which prevents inspection of water fixtures or fixture
retrofit construction required by a District permit, or if permit violations
have been noted by and have not been corrected within a reasonable period, the
District may record a notice of violation against that property, impose a lien
against that property for additional fees and charges which may be due, and/or
may revoke (or suspend) the permit for that property until such time as the
violation has been corrected.
B. The following text (shown in bold italics) shall replace
Rule 23 as deleted by this ordinance:
RULE 23 - ACTION ON APPLICATION FOR A WATER PERMIT TO CONNECT TO OR MODIFY AN EXISTING A WATER DISTRIBUTION SYSTEM
A. PROCESS
1. New
and Amended Water Permit.
a. The General Manager shall review the application and
determine whether the applicant has met the criteria for a water permit. If additional information is required to
complete the application, the applicant shall be notified in writing within
thirty (30) days of the initial application.
b. The General Manager shall determine if the District has
temporarily delayed the issuance of new water permits pursuant to Regulation
XV. If a temporary delay is in place
that effects the application, no water permit shall be processed and the
application shall be returned to the applicant.
Exceptions to this rule shall be made for permit applications for a new
water meter for a fire suppression system or to individually meter uses
previously metered by one water meter (i.e. meter split) unless otherwise
determined by action of the Board of Directors.
c. The General Manager shall not process a water permit when any
portion of the Site lies outside of the affected water distribution system service area.
d. The General Manager shall not process a water permit when
there is a previously issued permit for a completed project on the application
Site and a final inspection by the District has not been conducted, and/or
where the property is not in compliance with District Rules and Regulations or
conditions attached to previous District permits.
e. The General Manager shall calculate the appropriate
connection charge for the project using Rule 24, Calculation of Water Use
Capacity and Connection Charge.
f. When the
application involves an Intensification of Use, the General Manager shall
ensure that the total quantity of water permitted for all projects, including
the current application, within a Jurisdiction shall not exceed that Jurisdiction’s total
water allocation. Similarly, for
projects not subject to a jurisdiction’s water allocation, the General Manager
shall ensure that the total quantity of water permitted for all projects,
including the current application, does not exceed the production limit and/or
connection limit of the water distribution system serving the project Site.
g. When the Adjusted
Water Use Capacity as determined in Rule 24 is a positive number, that amount
of water shall be deducted from the jurisdiction or entitlement as authorized
on the Water Release Form. If additional
water is required to meet the Adjusted Water Use Capacity of the project and
the applicant is unable to reduce the Adjusted Water Use Capacity, the
application shall be denied and returned to the applicant to secure additional
water resources.
h. Intensification of use allowed by a water permit shall
result in a deduction from a Jurisdiction’s Allocation (for projects served by
the main
i. In the absence of undue hardship, the General Manager shall
not issue a water permit which results in the installation of a new water meter
that serves water to more than one user.
Multiple users shall apply for separate water permits pursuant to this
rule. This provision, however, shall not
prevent the issuance of a water permit which allows a single user to extend
incidental water use (e.g. to a single bar sink). This
provision shall be construed to enable the issuance of a water permit required
by reason of a change in occupancy or use of an existing structure without a requirement to install
separate water meters for each separate use or user provided no substantial
structural modifications are necessary to facilitate the changed use. Any such application shall nonetheless be
processed in accord with Rule 24 (Water Permit Process).
j. When the
application involves recordation of notices on the title of the property, all
notices shall be recorded by the District prior to final issuance of a water
permit. Additional information (i.e.
trust documents, Articles of Incorporation, etc.) may be requested to verify
ownership and to facilitate preparation of District notices.
k. The General
Manager shall collect payment of the appropriate connection charge and
processing fees and shall issue a receipt prior to final issuance of a water
permit.
l. When the application requests a permit to install a new
water meter for a fire suppression system, to extend a water main within the
boundaries of the water distribution system, or to individually meter uses
previously metered by one water meter (i.e. meter split), there shall be no
processing fee.
m. The General Manager shall mark the construction drawings with
the District’s water permit approval stamp and shall sign the stamp and include
the water permit number and date issued.
n. The General
Manager shall review the final water permit with the applicant or his agent
prior to requesting a signature on the water permit and releasing the permit
and construction drawings. By signing
the water permit, the applicant enters into an indemnification agreement with the District as
a Condition of Approval, whereby the applicant agrees to indemnify, defend and
hold harmless the District from any and all legal and financial responsibility
that may arise in connection with approval of the Application, including but
not limited to attorney’s fees and costs that the District may incur.
o. Following project completion, a final inspection of the
project shall be conducted by the District.
If the completed project varies from the permitted project, application
for an amended water permit is required.
Notice by the District to correct any deficiency shall be provided on
the inspection report to the person contacted at the site and by regular mail
to the owner of record. Notice of
violations that may result in a debit to a jurisdiction’s allocation shall also
be mailed, faxed or emailed to the jurisdiction. Such notice shall include a date by which any
corrections and amendments shall be made.
Thereafter, the General Manager may adjust the charge and debit the water from a Jurisdiction’s Allocation. The
General Manager shall also cause a refund or the imposition and collection of
an additional connection charges to reflect the project as built rather than
the project as permitted in accord with the provisions of Rule 24.
2. Temporary Water Permits.
a. The General Manager may issue a water permit for short-term temporary
water use when the applicant has submitted a written request for a temporary
water connection, including an explanation of the type and quantity of use
requested and a signed Water Release Form from the jurisdiction.
b. The applicant for a temporary water
permit shall agree that the temporary water permit does not confer a property
interest to obtain or use water after expiration and/or revocation of the
permit. This condition shall be recorded
on the title of the property for the duration of the Temporary Water Permit.
c. The term of a Temporary Water Permit shall
not exceed twenty-four (24) months.
d. The General Manager shall process a
Temporary Water Permit pursuant to the process in Rule 23-A-1.
e. Following removal of the temporary
connection and verification of removal by the District, water temporarily
debited from the jurisdiction’s allocation will be returned to the jurisdiction
and the connection charge paid for the temporary connection will be refunded to
the current property owner.
3. Conditional Permits
A
category of water permits known, as Conditional Water Permits shall be
available to a limited group of water permit applicants under restricted
circumstances and only with the jurisdiction’s
endorsement. A Conditional Water Permit creates a record
that specifically quantifies the increment of water assigned for use at the
location designated by the jurisdiction and debits the jurisdiction’s water
allocation. Conditional Water Permits
are available to those projects that are unable to meet all of the criteria of
Rule 23-A-1 and meet the standards in Rule 23-A-4-a.
a. The
following categories of projects may obtain a Conditional
Water Permit:
(1) Large
Projects - Commercial projects with a projected water demand of over one acre-foot
annually.
(2) Government
Projects - Projects owned and operated, or financed by a governmental agency.
(3) Projects
with Complex Financial Underwriting - Determined at the discretion of the Board
of Directors.
b. The
Conditional Water Permit may be issued when the following criteria have been
met:
1. There
is no water supply emergency;
2. There
is sufficient water supply in the jurisdiction’s
allocation;
3. The
governing body of a jurisdiction submits a written request that a Conditional
Water Permit be issued to a project;
4. A
completed Water Release
Form for the project is submitted which includes the authorizing signature of
the jurisdiction to debit its water allocation;
5. Payment
of all connection charges and fees have been received by the District.
c. The applicant for a Conditional Water
Permit shall agree
to provide to the MPWMD the final, approved set of construction drawings for
the Project. At such time as the final
plans are submitted, the MPWMD shall review the plans and process the final
water permit pursuant to Rule 23-A.
cd. A Conditional Water Permit must be
finally approved only by the General Manager, following review of the proposed conditions by the
District’s legal counsel. The
notarized signature of the project applicant is required on the Conditional Water Permit
before the General
Manager’s signature is obtained.
de. A Conditional Water Permit shall be
numbered with the next sequential alpha and numeric number beginning with
C-001, C-002, etc. A water permit bearing
the water permit number referenced in the conditional water permit shall be
maintained, unsigned in the District’s file.
ef. An amount of water approved for use by
the jurisdiction for the project will be debited from the jurisdiction’s water
allocation at the time the conditional water permit is issued.
fg. A Conditional Water Permit does not
allow the setting of any water meter or the start of any new or expanded water
use until the conditions of the permit have been met.
h. Each
Conditional Water Permit is time limited.
The Conditional Water Permit shall expire on December 31st of the year
following issuance.
i. A
written request for extension of the Conditional Water Permit may be requested
and shall require Board authorization for extension. Requests for extension must be received no earlier than ninety (90) days
and no later than forty-five (45) days prior to expiration and must include an
explanation for the request and the jurisdiction’s agreement that the Board
should grant an extension.
B.
MANDATORY CONDITIONS OF APPROVAL.
1.
Construction effecting the interior or exterior of an Existing
Structure. All construction within or to
an existing structure shall be subject to the following conditions:
a. The Project site must meet all
applicable water conservation requirements of Regulations XIV and XV.
b. Other conditions may be placed
upon approval as indicated in the applicable Rule governing the water permit
process.
c. The applicant shall arrange for a
final inspection by the District upon project completion. District staff shall review the project,
water fixtures, and landscaping for compliance with the water permit.
d. Permit amendments or other
actions required as a result of a final inspection shall be completed within
thirty (30) days of the date of the final inspection.
2.
Construction of a New Structure.
In addition to the Mandatory Conditions of Approval for Construction
Effecting the Interior of Exterior of an Existing Structure, all new water use
permitted by the District shall install a separate water meter to each User.
3.
Construction in the Sleepy Hollow Subdivision of
a. All exterior water use shall be
supplied by the Sleepy Hollow Subpotable Water System or by an on-site well.
b. Interior water use shall be
supplied by California-American Water Company supplied via a master meter at
the subdivision boundary.
c. Both interior and exterior uses
shall be metered by individual water meters.
C.
ADJUSTMENT
OF ALLOCATION FOR UNUSED WATER CAPACITY.
Any permitted water capacity which is not
used because of an abandoned, expired, revoked, returned, or amended water
permit shall be returned to the applicable Allocation or entitlement.
Section
Seven: Amendment
of Rule 23.5
BRING
Section
Eight: Amendment
Of Rule 24, Water Permit Process
A. Rule 24, as published prior to the adoption
of this ordinance, and as shown in strikeout below, shall be deleted in its
entirety.
RULE 24 - WATER
PERMIT PROCESS
The following water permit process shall apply to
the expansion, extension, and/or increased utilization of water from or through
any connection or water-measuring
device in a potable water
distribution system within the District.
A. PROCESS
Each individual, prior to increasing the use of
water from a potable water distribution system within the District, and
before adding a connection or changing the character of use of an existing
connection to a potable water distribution system within the District, shall
obtain a permit from the Monterey Peninsula Water Management District.
Each applicant for a permit to expand
or extend water distribution system, shall, prior to issuance of such a permit,
deposit with the District all connection and water supply improvement charges
calculated pursuant to this rule in addition to the
fees prescribed by Rule 60. Such charges
shall apply to each applicant seeking to relocate or change the size of a
connection or a water-measuring device, applicants seeking to intensify the use
of water from an existing connection, and/or applicants for an amended permit.
The addition of any fixture unit by a user shall
be deemed an intensification
of use requiring an expansion/extension permit, or an amended permit pursuant
to these Rules and Regulations. Any change in use from one commercial category
in one group to another commercial category in a higher water use group, or
from any category in Group III to another category in Group III, as shown on
Table No. 2 of this Rule, shall be deemed an intensification of use requiring
an expansion/extension permit, or an amended permit pursuant to these Rules and
Regulations. Where there is no increase
in the size of a structure, a change in use from one commercial category in
Group I to another category within Group I, or a change of use
from one commercial category in Group II to another in Group II, however, shall
not be deemed to cause an intensification of water use.
B. APPLICATIONS, WHICH AFFECT EXISTING
CONDITIONS OR WHICH RELATE TO AN INTENSIFICATION OF USE
1. All Applications
Projects, which will relocate, enlarge, resize,
or alter the type or quantity of use from an existing permanent connection,
including projects, which will add to or remodel existing
structures, shall pay the connection fee required by this rule. For such
projects, the General Manager
shall first determine the connection charge calculation in this rule.
Thereafter, the General Manager may reduce the
connection charge with respect to applications for an amended permit, which
seeks only to relocate, increase, or alter the type or quantity of use from an
existing permanent connection. The connection charge for intensification of use
from an existing connection shall exact a
charge only as it relates to the extra increment of water, which will be
available to and subject to use by the applicant as the function of the
relocated, increased, or altered use from the connection. With respect to both
new and amended expansion/extension permits, a project’s capacity to use
water shall be reviewed at the time the project is first available for use or
occupancy. At this review, the General Manager
shall adjust the connection charge to ensure that final connection charge bears
a positive correlation to the water use capacity of the project as built,
rather than the project as planned.
Adjustment of the connection charge may require
collection of additional charges based upon water use capacity reflected by
Table 1 or 2, and shall also include fees required by Rule 60. In the event the adjusted connection charge
is not paid, the water use permit shall be revoked.
A change of use
following the project’s first use or occupancy which results in a less
intensive utilization of water shall not entitle the user to any refund of
connection charges which have previously been paid, except where an adjustment
is permitted under paragraph G, and where such adjustment was approved at the
time the original permit was granted.
A change of use following the project’s first use
or occupancy which results in an Intensified
Water Use shall require a permit pursuant
to Rule 23, cause a debit to the appropriate Allocation, and
require the Person who owns the Site to pay all
applicable fees and connection charges.
In the event the adjusted connection charge is not paid following
reasonable demand by the District, the
water use permit shall be revoked.
2. Governmental Open Space
As a sole exception to the transfer or relocation
of water use credits, the General Manager, upon written request, shall enable a
government agency (i.e. Municipal, County, State, or Federal public agency)
to transfer water use from one location owned and operated by that agency to
another location owned and operated by that agency provided use of water
transferred to the new location shall be entirely dedicated to open space use.
This exception shall apply as follows:
a. transfers between different government
agencies shall not be allowed; and
b. transfers from or to lands owned or
operated by private (non-public) agencies shall not be allowed; and
c. transfers for other than open space use
shall not be allowed; and
d. transfers which enable greater water
use shall be assessed connection charges for all capacity for water use in
excess of the transferred water credit; and
e. any right or entitlement to water use
at the original (pre-transfer) location shall be
terminated and shall extinguish to the extent of the water use credit
transferred.
C. RESIDENTIAL
EXPANSIONS
1. Determination of Fixture Unit
Component for Each Dwelling Unit
a. Each expansion/extension permit
application for residential use will be assessed a connection charge and water
shall be debited from the applicable jurisdiction’s
water allocation for each added fixture unit in accord with Table 1 below. This table shall be revised periodically and
approved by ordinance. The applicant
shall provide complete and final construction plans to the District for
evaluation of the fixture unit component of any new
construction, remodel or addition that
involves water fixtures. The General Manager
or his/her designee shall review the project and determine the fixture units
count to be used in the formula set forth in this rule. Fixtures which deviate from those categories
listed on Table No. 1 shall be characterized by the General Manager as “other”,
and assigned a fixture unit value which has a positive correlation to the
anticipated water use facilitated by that fixture.
b. Portable water fixtures fountains,
ponds, hot tub/spas, drinking fountains, pot fillers, darkroom sinks, outdoor
showers, outdoor sinks, pet/livestock wash racks and water troughs, and
multiple utility sinks (more than one per site) shall be exempt from the
connection charge and shall have no fixture unit value. The General Manager may waive the
limitations set by this paragraph upon credible evidence that the fixtures had
been legally installed. The General
Manager’s determination shall be subject to appeal pursuant to Rule 70.
c. Special Fixture Unit Accounting.
1. Special fixture unit accounting shall
apply to any expansion application that proposes to add a second bathroom to an
existing Single-Family
Dwelling Unit on a Single-Family
Residential Site that, prior
to the application, has only one bathroom.
2. This accounting protocol shall be
limited, and shall apply only to the following water appliances if these are
installed in a new second bathroom as an expansion of an existing Single-Family
Dwelling Unit: (a) a single water
closet, and (b) a single standard tub, or single shower stall, or a single
standard tub-shower combination, and (c) one or two wash basins. This special fixture unit accounting shall
further apply on a pro rata basis to any expansion application that proposes to
add one or more of the referenced water appliances to an existing second
bathroom that lacks that same appliance within an existing Single-Family
Residential Site that, prior
to the application, has less than two full bathrooms.
3. The special fixture unit accounting
referenced above shall not apply
to any Multi-Family
Dwelling or Multi-Family
Residential Site.
4. This special fixture unit accounting
shall apply only to a Single-Family Dwelling Unit on
a Single-Family Residential Site that had a final building permit as of May
16, 2001.
5. A valid Water Use Credit
for the permanent abandonment of a one bathroom Single-Family Dwelling Unit on
a Single-Family Residential Site issued prior to May 16, 2001 shall be regarded
as an existing Dwelling Unit and shall allow the reconstruction of
Single-Family Dwelling Unit with the addition of the
water fixtures allowed by this provision.
6. Water fixtures installed pursuant to
this provision must be installed within the existing Dwelling Unit.
7. Under this second bathroom Special
Fixture Unit Accounting protocol, the General Manager
shall not debit the municipal allocation for the installation of select water
fixtures in the second bathroom addition or remodel.
8. Connection charges shall nonetheless be
collected for the addition of these fixture units to the second bathroom
addition.
9. No on-site, off-site or transfer of
credit shall be granted for removal or retrofit of any fixture added pursuant
to this second bathroom accounting protocol.
10. Use of the special fixture unit
accounting protocol is voluntary. Any
property installing a second bathroom pursuant to this provision shall be
limited to two bathrooms unless the second bathroom is permitted by debit to a jurisdiction’s
water allocation.
11. The provisions of this special fixture
unit accounting protocol shall take precedence and supersede any contrary
provision of the Water Management District Rules
and Regulations.
d. The District shall grant a Water Use Credit
for the permanent removal of water using fixtures providing that the fixture
was properly and lawfully installed.
Credit for fixtures listed in Rule 24 C. 1. b. shall only receive credit
upon evidence of a water permit showing a
debit to a jurisdiction’s allocation and payment of related connection
charges. However, the District shall not
provide a water use credit of greater than four (4) fixture units for the
complete removal of any shower or bathtub.
e. Master
Bathroom Fixture Unit Accounting.
1. All fixtures utilizing a Master
Bathroom fixture unit value as shown in Table 1. Residential Fixture Unit Count
must occur in the same bathroom, and that bathroom shall be designated as the
“Master Bathroom.” Each dwelling unit
shall have no more than one Master Bathroom.
2. The Master Bathroom fixture unit value
shall not apply to applications proposing to utilize the Special Fixture Unit
Accounting allowed by Rule 24 C 1. c.
The sole exception shall be those applications that proposed the Master
Bathroom fixture unit value in the second bathroom and where fees were paid for
a planning or building permit application for that project before October 23,
2003. Permits issued under this
provision shall require installation of low water use
plumbing fixtures to the maximum extent practical to offset one additional
fixture unit. This exception shall
expire on December 31, 2004.
2. Table No. 1: Fixture Unit Count
TABLE I: RESIDENTIAL
FIXTURE UNIT COUNT
WATER FIXTURE DESCRIPTION FIXTURE
UNIT VALUE
Wash basin (lavatory sink),
each 1
Two washbasins in the Master Bathroom 1
Toilet, ultra low-flow (1.6
gallons-per-flush) 1.7
Toilet, ultra low-flow (1.0
gallons-per-flush) 1.3
Toilet, ultra low-flow (0.5
gallons-per-flush) 1
Urinal (1.0
gallon-per-flush) 1
Urinal (0.5 gallon-per-flush) 0.5
Waterless Urinal 0
Master bathroom only (one per site):
Bathtub & separate shower 3
Large bathtub (may have showerhead
above) 3
Standard bathtub
(may have showerhead above) 2
Shower, separate
stall 2
Shower, each
additional fixture (including additional showerheads,
rain
bars, body spray nozzles, etc.) 2
Shower system or
custom shower Varies
according to specifications
Kitchen sink
(including optional adjacent dishwasher) 2
Kitchen sink with adjacent ultra-low
consumption dishwasher 1.5
Dishwasher, each additional (including
optional adjacent sink) 2
Dishwasher, ultra-low consumption, each
additional
(including
optional adjacent sink) 1.5
Laundry sink/utility sink
(debit/connection charge applies to laundry/utility
sink
per residential site) 2
Washing machine 2
Washing machine,
ultra-low consumption (<18 gallons maximum per cycle) 1
Washing machine, ultra-low consumption
(18-28 gallons maximum per cycle) 1.5
Bidet 2
Bar sink 1
Entertainment sink 1
Vegetable sink 1
Swimming pool (each 100 square-feet of
pool surface area) 1
Outdoor water uses (new connection only) –
(
Outdoor water uses (new connection only) –
(
fixture
unit values based on water budget.
3. Calculation of Unfactored
Residential Connection Charge
An unfactored connection charge shall be
calculated for each residential dwelling unit
from the expansion/extension permit by multiplying the General
Manager’s fixture unit count as determined pursuant to Subdivision B of this
rule by the water supply cost component determined pursuant to Subdivision 6 of
this rule, as follows:
For all residential fixture units per dwelling
unit:
#
of dwelling x # of fixture x water supply = unfactored
units unit count cost connection
__________ charge
100
A retrofit credit
shall thereafter be applied to the unfactored connection charge equivalent to the
connection charge for 2.3 fixture units for each toilet that is retrofit at the
time the project is permitted.
Notwithstanding the foregoing calculation, for
each system, there shall be a minimum connection charge in the amount of $250
per residential connection, and a minimum non-refundable connection charge in
the amount of $600 upon each application for a temporary expansion/extension
permit. Any application for an
expansion/extension permit which is made by the holder of a current (unexpired
and non-revoked) temporary expansion permit shall be credited with the
connection charge previously paid for the temporary permit. Applicants for an amended permit shall not be
subject to a minimum connection charge.
D. COMMERCIAL, GOVERNMENTAL AND INDUSTRIAL
EXPANSIONS
1. Determination of Projected Water
Consumption by Category of Use
Each expansion/extension permit applicant seeking a commercial, governmental,
or industrial use
shall provide the District building
plans, site plans, and general use information in the form and manner requested
by the General Manager. The General
Manager shall review this information and determine, based upon Table No. 2 set
forth below, the projected water use for the expansion/extension permit.
2. Table No. 2: Projected Water Use
TABLE II -
COMMERCIAL WATER USE FACTORS
Group I - Low to Moderate Use: (0 - 0.0001 af/yr) 0.00007 AF/SF
Auto Uses
Church
Family Grocery
General Retail
General Medical Office
General Office/Bank
Gym
Warehouse
Group II - High Use: (0.00011 - 0.0004 af/yr) 0.0002 AF/SF
Bakery/Pizza/Deli/Sandwich Shop
Dental/Medical/Veterinary Clinics
Dry Cleaner
Fast Photo
Supermarket/Convenience Store
Group III - Miscellaneous Uses - Each Category is
Calculated Separately
Beauty Shop 0.0567
af/station
Child Care 0.0072
af/child
Dorm 0.04
af/room
Gas Station 0.0913
af/pump
Laundromat 0.2
af/machine
Luxury Hotels/Living Units: 0.21 af/room
Meeting Hall 0.00053
af/sf
Motel/Hotel/Bed and Breakfast: 0.1
af/room
Open Space Turf: 2.1 af/acre
Non-turf: 1.8
af/acre (Reduce 50% for drip)
Plant Nursery 0.00009
af/sf total land
Restaurant (General/Bar): 0.02 af/seat
Restaurant (24-Hour & Fast Food): 0.038 af/seat
Self-Storage 0.00001
af/sf
Spa 0.05
af/spa
Swimming Pool 0.02 af/100 sf surface
area
Theater 0.0012
af/seat
Note: Any
commercial, governmental, or industrial water use which cannot be characterized
by one of the use categories set forth in Table No. 2 shall be designated as
“other” and assigned a factor which has a positive correlation to the
anticipated water use capacity for
that site. Where substantial uncertainty
exists regarding the water use factor for any “other” use, the calculation shall be made in
accord with Section G (Special Circumstances) of this Rule 24.
3. Calculation of Unfactored
Commercial, Governmental, Industrial and Open Space Connection Charges by
Category of Use
An unfactored connection charge shall be
calculated for each commercial, governmental, industrial and open space
expansion/extension permit, including amended permits required by changed use
of existing connections, by multiplying the General
Manager’s projected water use for the project as follows:
projected water use for x water
supply cost = unfactored
each category of use connection
charge
Each commercial, governmental, industrial, or
open space project which proposes two or more of the uses set forth in Table
No. 2 above shall be subject to a use calculation for each proposed use. By way of example, a motel/restaurant would
be subject to both the motel use by unit, and the restaurant use by seat
calculation, similarly, a restaurant/bar would be subject to both the
restaurant use by seat, and the bar use by seat. Where a proposed use may be
designated as more than one category, the category, which most accurately
depicts projected water use, shall be selected.
Where doubt exists, the higher intensity use category shall be chosen.
Notwithstanding any other provision of this
subdivision, water use upon open space in conjunction with any other use shall
not result in a dual calculation for connection charge purposes unless special
circumstances exist as set forth in Subdivision 7 below.
Notwithstanding the foregoing calculation, for
each system, there shall be a minimum connection charge in the amount of $500
per commercial, industrial, governmental, or open-space connection, and a minimum
non-refundable connection charge in the amount of $600 upon each application
for a temporary expansion/extension permit. Any application for an expansion/extension
permit which is made by the holder of a current (unexpired and non-revoked)
temporary expansion permit shall be credited with the connection charge
previously paid for the temporary permit.
Applicants for an amended permit shall not be subject to a minimum
connection charge.
E. WATER SUPPLY COST COMPONENT
The water supply cost component used as a
monetary multiplier in each connection charge calculation required by this rule
shall be $10,623.20. This water supply
cost component shall be adjusted on July 1st of each year beginning July, 1985
to include the annual increase or decrease of the April Consumer Price Index
(CPI), all items, for San Francisco/Oakland, as promulgated by the U.S.
Department of Labor Bureau of Statistics. The adjusted multiplier shall apply
to each extension/expansion application received on or after July 1st of each
year.
F.
CALCULATION OF FINAL RESIDENTIAL,
COMMERCIAL, GOVERNMENTAL, INDUSTRIAL AND OPEN SPACE CONNECTION
CHARGES
The unfactored connection charge total, together
with surcharges as applicable, determined pursuant to this Rule, shall be applied
to each application to expand/extend a water
distribution system as follows:
California-American Water Company
a. total unfactored connection charge x 100%
= final connection charge
b. final connection charge x
01.85% = connection surcharge
Seaside Municipal Water District and
Water West Corporation
total unfactored connection
charge x
100% = final connection charge
All other potable Water Distribution Systems
total unfactored connection
charge x
18.67% = final connection charge
G. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL
CIRCUMSTANCES EXIST
After making the connection charge calculation
detailed above in this rule, the General Manager may reduce (or
increase) the connection charge with respect to the fixture unit count
component or the projected water use component of any extension/expansion
application where special circumstances exist with respect to the anticipated
water consumption resulting from that permit.
Special circumstances shall be deemed to exist in each single-family dwelling unit
project, which proposes to irrigate more than two acres, and for each other
project, which proposes to irrigate more than five acres. Special circumstances shall also be deemed to
exist where a dual system provides sub-potable
water for outdoor use. The General
Manager may make a proportional reduction in the connection charge and/or the
water supply improvement charge calculation for connections to any system which
uses a dual delivery of subpotable water for non-consumptive purposes, and
shall factor the charge based upon the portion of potable water which otherwise
would have been used in the absence of the dual system. Special circumstances shall be deemed to
exist with respect to each expansion/extension permit or
amended permit, which proposes to utilize water in conjunction with a
manufacturing process. Special
circumstances shall also be deemed to exist with respect to each
expansion/extension permit or amended permit for a municipality, county, or
other local government agency.
The connection charge adjustment shall operate to
exact a connection charge as it relates to the increment of water, which is
projected to actually be available to and subject to use by the applicant as a
function of the connection, or the use of water. The General Manager shall make this
adjustment based upon projected use figures, which are clearly more accurate
and reliable (based upon historical use or other hard documentation) than the
regional average methodology used to substantiate the fixture unit or projected
use category methods. Calculation of any
charge shall be made by use of regional averages should any reasonable question
arise with respect to the projected use figures for a particular
expansion/extension permit or amended permit.
Determinations of the General Manager
pursuant to this subdivision may be appealed
to the Board.
For those special circumstances where substantial
uncertainty exists regarding the projected water use proposed by the permit
applicant, the connection may be approved and installed upon payment of an estimated
connection charge, and the actual final connection charge be adjusted upon the
actual water use record for that connection for a reasonable time period.
Adjustment of connection charges for non-governmental connections shall occur
only where the Board of Directors finds (a) that special circumstances exist in
accord with this paragraph, and (b) that substantial uncertainty exists
regarding the projected water use proposed by the permit applicant. For such applications, the Board may approve
the permit subject to the following conditions:
1. The applicant shall deposit
with the District the
full fee estimated to be due by reason of the projected water use.
2. The applicant shall make available to
the General Manager, upon request, any information pertaining to the actual
water use or water use practices, and information pertaining to the special
circumstances, which justify application of the extraordinary fee calculation.
3. The applicant shall agree to tender the
final connection fee calculated pursuant to this paragraph, and shall agree
that such charge shall constitute a lien against the real property upon which
the water connection is located.
4. Failure to tender the final connection
fee upon written demand shall result in the automatic revocation of the
connection permit.
5. The applicant shall authorize, in
writing, the water
distribution system to remove any water meter installed pursuant to this
permit, upon revocation of the permit.
6. The conditions of this permit shall be
recorded as a restriction upon the deed for the real property upon which the
water connection is located. Such
restriction shall be removed only upon payment of the final connection fee.
7. The Board shall set a time certain for
the determination of actual water use, and the calculation of the final
connection fee.
In all applications where substantial evidence
does not support the finding that uncertainty exists regarding the projected
water use, it shall be presumed that the regional water consumption figures as
shown on Tables 1 or 2 apply to the permit.
Notwithstanding any other provisions of this
section, the General Manager shall be granted authority to factor municipal,
county, and other local government connection charges upon the actual water use
record for a reasonable time period without the necessity of a hearing before
the Board of
Directors or other Board action.
Determinations of the General Manager may nonetheless
be appealed by the governmental entity to the Board of
Directors.
The phrase “special circumstance where
substantial uncertainty exists” (Rule 24 G) shall refer to projects that are so
unusual that neither the application of the regional average nor use of actual
undisputed quantitative documentation would provide a reliable forecast of the
project’s consumption capacity. Such a project must be unique or have such an
unusual location, design or clientele that none of the surveyed commercial
categories enumerated in Rule 24 represents a comparable type of use, and/or
there is no quantitative documentation that is available and beyond
dispute. The exception allowed by Rule
24 G shall not apply
where expanded water use through a single meter may benefit more than one user
of that meter.
H. CONNECTION
CHARGE REFUNDS
The connection charge paid by an applicant for an
expansion/extension permit under
these Rules and Regulations shall be a fee retained by the District in its
General Fund in consideration of, and as reimbursement for, the District’s
costs for administration of the expansion/extension application, and for the
costs and expenses incurred by the District in planning for, acquiring,
reserving, and maintaining capacity in the water distribution facilities
existing or to be constructed within the District. Following the completion of
that hearing, the Board may resolve either (1) to continue to
enforce this rule, or the Board may, in its sole discretion, (2) provide for a
refund of the unused portion of the water supply improvement charge paid by
each applicant together with interest as may be determined by the Board. The total amount of District monies subject
to refund shall exclude all expenses and costs of the District in planning for,
acquiring, reserving and maintaining capacity, and in administering the water
supply improvement charge program. The
amount of refund, if any, shall be determined by the Board at the time these
rules are amended. All refunds shall be
determined strictly upon a pro rata basis, with the sole variables being (1)
the initial water supply improvement charge paid by any one applicant, and (2) the
total amount of water supply improvement charge monies to be refunded as
determined by the Board. No provision of
these Rules and Regulations shall confer a right upon any applicant to receive
a refund as provided in this part. Any refund which may be authorized by
exercise of the Board’s discretion pursuant to this subdivision shall be made
to the then-current titleholder of the real property upon which the water
connection is located.
Notwithstanding any other provision of this Rule,
if a project, as built, eliminates all or a portion of the water demand
capacity upon which the water permit was originally calculated, a refund of
that portion of the connection charge may occur. Refunds of connection charges may also occur
if the project is abandoned prior to construction. Refunds will only occur if a reduction in the
capacity for future projected water demand is documented, or for abandoned
projects, if the applicant has permanently removed the water meter and canceled
the building permit. An administrative
processing of one hundred dollars ($100) per permit will be assessed to process
each refund application. Original permit
processing fees are not refundable.
Requests for refunds shall be in writing, must include the water permit
number, and state clearly the reason a refund has been requested.
Refunds requested for connection charges paid to
obtain a Conditional
Water Permit shall be
processed under the following time lines and shall be subject to the
administrative processing fee of one hundred dollars ($100) per permit to
process a refund application: refunds of
less than fifty thousand dollars ($50,000) shall be processed within thirty
(30) days; refunds between fifty thousand dollars ($50,000) and one hundred
thousand dollars ($100,000) shall be processed within forty-five (45) days; and
refunds over one hundred thousand dollars ($100,000) shall be processed within
sixty (60) days.
H. APPLICATIONS WHICH AFFECT
EXPANSIONS/EXTENSIONS WHICH ARE IN PROGRESS
Rule deleted by
Ordinance No. 26 (9/8/86)
I. CONNECTION
CHARGE HEARING
Upon request of an applicant, together with the
payment of any applicable fee, or upon referral of the General Manager,
the Board shall conduct a hearing to determine the connection charge due under
this rule. The Board hearing
shall be conducted as a variance pursuant to Rule 90 of the District’s Rules
and Regulations. Following this hearing, the Board may calculate the connection
charge to reasonably relate the particular application to the burden upon the water
distribution system, or the burden upon District sources
of supply which may be caused by the projected potential increase in
consumption as a result of the new connection; the improvement value selected
must be warranted by the circumstances and tend not to defeat the purpose of
these Rules and Regulations. The Board
may take notice of prior connection charges paid pursuant to the District’s
Rules and Regulations by the applicant or his predecessor in interest with
regard to the parcel or
parcels on which the expansion or extension will occur.
J. CONNECTION CHARGE FUND ACCOUNTING
The District shall maintain separate accounts in
its general fund for portions of the connection charges received by operation
of this ordinance. Those separate fund
accounts shall be maintained, designated connection charge accounts “A” and “B”. Account “A” shall receive 18.67% of all
connection fees collected pursuant to this ordinance. Account “B” shall receive 81.33% of all
connection fees collected pursuant to this rule. The proceeds of any connection surcharge
shall be transferred to the District’s general fund, without restriction.
Connection charge funds shall be expended from
connection charge accounts “A” and “B” for the sole purpose of planning for,
acquiring and/or reserving augmented water supply capacity for
District water distribution facilities.
It is recognized that such purposes include engineering, hydrologic,
geologic, fishery, appraisal, financial, and property acquisition
endeavors. Connection charge funds may further be
used to acquire, maintain, and/or reserve capacity in existing water
distribution facilities existing within the District.
K. SAVINGS EFFECT
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 or unenforceability shall not affect the validity or
enforcement of the remaining portions of this ordinance, it being the District’s
express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses
or phrases be declared invalid or unenforceable. Should the charges imposed by this Ordinance
be deemed a tax by a court of competent jurisdiction, it is the District’s
express intent that such be a general tax for deposit in the District’s general
fund without limitation, irrespective of any other provision of this ordinance.
L. REVOCATION OF RULE 24
Rule deleted by
Ordinance No. 26 (9/8/86)
M. PERMIT FEE PAYMENT PLANS
1. Except as may be required by operation
of law, or as approved by the Board of
Directors pursuant to Rule 24-N-2 below, the District shall not
authorize a payment plan for fees and charges due for the issuance of a water
permit. This shall mean that no permit shall be
issued by the District unless all required fees and charges have first been
paid in full to the District. In any
circumstance where a permit has been issued on less than full payment of all
fees and charges due from that parcel, that
permit shall immediately be suspended and thereafter revoked in accord with
Rule 27. Revocation of a water use
permit shall cause removal or limitation of water service to that connection.
2. Notwithstanding any provision of Rule
24-N-1, the Board of Directors may authorize delayed payment for projects which
are solely undertaken by California non-profit public benefit corporations
provided each such plan shall ensure, by recorded deed restriction which
includes the consent of each property owner, that all fees and charges due for
the issuance of a water permit, together with deferred interest at the rate to
be set by the Board, shall be paid in full in the event project ownership or
occupancy is transferred to any entity other than a California non-profit
public benefit corporation. This
provision is intended for use only in the presence of a substantial financial
hardship to the project proponent such that the development of the project
would be jeopardized by the present assessment of the full fees and charges due
for the issuance of a water permit.
B. The following text (shown in bold italics) shall replace
Rule 24 as deleted by this ordinance:
RULE 24 - CALCULATION OF WATER USE CAPACITY AND CONNECTION CHARGES
A. RESIDENTIAL CALCULATION OF WATER USE CAPACITY
Residential Water Demand capacity
shall be calculated using a fixture unit methodology whereby each water fixture
is assigned a fixture unit value that corresponds to its approximate annual
water use capacity. Residential
applications shall be reviewed to determine if there is an increase in fixture
units as a result of the proposed project.
1.Methodology for Determining
Capacity. The following method
shall be used to determine if there is an increase in Water Use Capacity:
a.
The General Manager shall estimate water use
capacity of the proposed project using the fixture unit values and outdoor
water uses calculation from Table 1: Residential Fixture Unit Values.
b.
If the application includes a residential water
fixture that is not specifically exempt from the residential permit
requirements, and no factor is shown on Table 1: Residential Fixture Unit
Values, for a proposed water fixture, the General Manager shall research the
projected annual consumption of the fixture and shall recommend a fixture unit
value to the Board that corresponds to the estimated annual water use capacity
of the fixture. Table 1 shall subsequently
be amended by Resolution of the Board of Directors to assign a value to the new
fixture.
c.
Using Table 1: Residential Fixture Unit Values,
the General Manager shall compare the pre-project fixture unit count against
the fixture unit count shown on the construction drawings submitted with the
Water Release Form and Water Permit Application. Pre-project estimated annual
water use capacity shall be verified by on-site inspection.
d.
The General Manager shall reduce the estimated
annual water use capacity by any verified Water Use Credit or on-site water
credit applicable to the application as shown on the Water Release Form and
Water Permit Application and shall determine the adjusted water use capacity of
the proposed project.
e.
Based upon the review conducted in 24-A-1-d, the
General Manager shall determine if project will result in a positive, neutral
or negative water use capacity on the Site.
(1)
An increase in capacity (Intensification of Use)
shall cause the calculation and collection of a connection charge prior to
issuance of a water permit.
(2)
No connection charge shall be assessed when there
is no increase in water use capacity.
(3)
A reduction in water use capacity shall result in
an on-site water credit upon verification that the former use has been
permanently abandoned. This credit shall
be established in conformance with Rule 25.5.
TABLE 1: RESIDENTIAL FIXTURE UNIT COUNT VALUES
Water Fixture Description Fixture
Unit Value
1 Washbasin (lavatory sink), each 1
2 Two washbasins in the Master Bathroom 1
3 Toilet, ultra low-flow (1.6 gallons-per-flush) 1.7
4 Toilet, ultra low-flow (1.0 gallon-per-flush) 1.3
5 Toilet, ultra low-flow dual flush 1.3
6 Toilet, ultra low-flow (0.5 gallon-per-flush) 1
7 Urinal (1.0 gallon-per-flush) 1
8 Urinal (0.5 gallon-per-flush) 0.5
9 Waterless Urinal 0
10 Master bathroom only (one per site):
Bathtub (may be large bathtub) & separate shower 3
11 Large bathtub (may have showerhead above) 3
12 Standard bathtub (may have showerhead above) 2
13 Shower, separate stall 2
14 Shower, each additional fixture (including additional showerheads, body
spray nozzles, etc.) 2
15 Shower
system, rain bars, or custom shower Varies according to specifications
16 Kitchen sink[1]
(including optional adjacent dishwasher) 2
17 Kitchen sink with adjacent ultra-low consumption dishwasher 1.5
18 Dishwasher, each additional (including optional adjacent sink) 2
19 Dishwasher, ultra-low consumption, each additional (including optional
adjacent sink) 1.5
20 Laundry sink/utility sink (debit/connection charge applies to only one
laundry/utility
sink per residential site) 2
21 Washing machine 2
22 Washing machine, ultra-low consumption (< 18 gallons maximum per
cycle) 1
23 Washing machine, ultra-low consumption (18-28 gallons maximum per
cycle) 1.5
24 Bidet 2
25 Bar sink 1
26 Entertainment sink 1
27 Vegetable sink 1
28 Swimming pool (each 100 square-feet of pool surface area) 1
29 Outdoor water uses (new connection only) – (Lot size of 10,000
square-feet or less)
(1) 50% total interior fixture units,
(2) 25% interior fixture unit count when restricted
by jurisdiction to native landscaping only.
30 Outdoor water uses (new connection only) – (
(1) 50% total interior
fixture units, plus additional fixture unit values based on MAWA if greater
than 50%
(2) 25% interior fixture
unit count when restricted by jurisdiction to native landscaping only.
2. Exempt Residential Water Fixtures.
The following water fixtures shall be exempt from the residential permit
requirements and shall have no fixture unit value: Portable water fixtures, fountains, ponds,
hot tub/spas, drinking fountains, pot fillers, darkroom sinks, outdoor showers,
outdoor sinks, pet/livestock wash racks and water troughs, and multiple utility
sinks (more than one per site).
3. Special Fixture Unit Accounting
for Second Bathrooms. Special fixture unit accounting shall apply to any expansion
application that proposes to add a second bathroom to an existing Single-Family Dwelling Unit on a Single-Family Residential Site that, prior to the
application, has less than two full bathrooms.
a. This accounting protocol shall be
limited, and shall apply only to the following water appliances if these are
installed in a new second bathroom as an expansion of an existing Single-Family
Dwelling Unit: (a) a single water
closet, and (b) a single standard tub, or single shower stall, or a single
standard tub-shower combination, and (c) one or two wash basins.
b. This special fixture unit
accounting shall further apply on a pro rata basis to any expansion application
that proposes to add one or more of the referenced water appliances to an
existing second bathroom that lacks that same appliance within an existing Single-Family Residential Site that, prior to the
application, has less than two full bathrooms.
c. The special fixture unit
accounting referenced above shall not apply to any Multi-Family Dwelling or Multi-Family Residential Site as
defined by these Rules and Regulations..
d. This special fixture unit
accounting shall apply only to a Single-Family Dwelling Unit on a Single-Family
Residential Site that had a final building permit as of May 16, 2001.
e. A valid Water Use Credit for the
permanent abandonment of a one bathroom Single-Family Dwelling Unit on a
Single-Family Residential Site issued prior to May 16, 2001 shall be regarded
as an existing Dwelling Unit and shall allow the reconstruction of a
Single-Family Dwelling Unit with the addition of the water fixtures
allowed by this provision.
f.
Water fixtures installed pursuant to this provision shall be
installed within the existing Dwelling Unit.
g. Under this second bathroom
Special Fixture Unit accounting protocol, the General Manager shall not debit
the municipal allocation for the installation of select water fixtures in the
second bathroom addition or remodel.
h. Connection charges shall
nonetheless be collected for the addition of these fixture units to the second
bathroom addition.
i.
No on-site, off-site or transfer of credit shall be granted for
removal or retrofit of any fixture added pursuant to this second bathroom
accounting protocol.
j.
Use of the special fixture unit accounting protocol is
voluntary. Any property installing a
second bathroom pursuant to this provision shall be limited to two bathrooms
unless the second bathroom is permitted by debit to a jurisdiction’s water
allocation. A Notice Of The Limitation
Of Use Of Water On A Property shall be recorded on the real property as a
condition of the water permit.
k. As a condition to the issuance of
any permit pursuant to this rule, each property owner shall authorize the
District to access and use water records related to the past, present and
future use of water on the site for a period of sixty (60) months prior to and
following the date the permit is issued.
l.
The provisions of this special fixture unit accounting protocol
shall take precedence and supersede any contrary provision of the Water
Management District Rules and Regulations.
2. Master Bathroom Fixture Unit
Accounting.
a. All fixtures utilizing a Master
Bathroom fixture unit value as shown in Table 1: Residential Fixture Unit
Values shall occur in the same bathroom, and that bathroom shall be
designated as the “Master Bathroom.”
Each dwelling unit shall have no more
than one Master Bathroom.
b. The Master Bathroom fixture unit
value shall not apply to second bathrooms utilizing the Special Fixture Unit
Accounting.
3.
Exterior Residential Water Demand Calculations
a. Sites of Less Than 10,000
square-feet. For new construction on sites of less than
10,000 square-feet, the exterior water demand calculation shall be 50 percent
of the interior fixture unit value.
b. Sites of 10,000 Square-Feet or
Greater. For new construction on sites of 10,000
square-feet or greater, the exterior water demand calculation shall be the
Maximum Applied Water Allowance (MAWA), or 50 percent of the interior fixture
units, whichever is greater. The
following calculation should be used to determine the MAWA:
MAWA = ETo x ETadj x LA x IE
325,851
Where:
·
MAWA
= Maximum Applied Water Allowance (gallons/year)
·
Eto =
Reference Evapotranspiration (inches per year)
·
ETadj =
Target ET Adjustment Factor shall
be 0.625
·
LA =
Landscaped Area of Site (square feet)
·
325,851 =
Gallons-per-Acre-Foot
·
IE =
Target Irrigation Efficiency shall be 0.625
c. Sites with Jurisdiction Enforced
Landscaping Restrictions. For
new construction on sites where native landscaping is a requirement of the
jurisdiction, the exterior water demand calculation shall be 25 percent of the
interior fixture unit value. The native
landscaping requirement shall be noticed on the title of the property.
4.
Calculating Adjusted Water Use Capacity.
a.
Each fixture unit shall have a value of 0.01 acre-foot of
water.
b.
Water use calculations shall be rounded to the third decimal
place.
B. NON-RESIDENTIAL CALCULATION OF WATER USE CAPACITY
Non-Residential Water Demand
capacity shall be calculated using Table 2: Non-Residential Water Use
Factors. Each non-residential use shall
be assigned a factor that when multiplied by a specified measurement shown on
Table 2 (i.e., square-footage, number of rooms/seats, etc.) results in an
estimate of the approximate annual water use capacity in acre-feet. Non-residential applications shall be
reviewed to determine if there is an increase in water demand as a result of
the proposed project.
1.
Methodology for Determining Capacity.
The following method shall be used to determine if there is an increase
in Water Use Capacity:
2.
The General Manager shall estimate water use
capacity of the proposed project using the water use factors from Table 2:
Non-Residential Water Use Factors. Table
2 shall subsequently be amended by Resolution of the Board of Directors to
reflect the new fixture unit value.
3.
Each non-residential project which proposes two
or more of the uses set forth in Table 2 shall be subject to a use calculation
for each proposed use. By way of
example, a motel/restaurant would be subject to both the motel use by unit, and
the restaurant use by seat calculation, similarly, a restaurant/bar would be
subject to both the restaurant use by seat, and the bar use by seat. Where a
proposed use may be
designated as more than one category, the category, which most accurately
depicts projected water use, shall be selected or the uses shall be calculated
based on the square-footage or other factor for each area in which the use
occurs. Where When the proposed use appears to fall into more than one
category doubt
exist, the
higher intensity use category shall be chosen.
a.
New Construction:
When the non-residential water use factor is based on a square-footage
factor, the entire square-footage shall be applied to the factor for
construction of a new building.
b.
Tenant Improvements: When the non-residential water use factor is
based on a square-footage for a tenant improvement, the usable square-footage
shall be applied to the factor.
c. For new
construction on vacant lots, the General Manager shall add the quantity of
water determined to be the exterior water demand to the total estimated water
use capacity determined in 24-B-1-a.
d. If the
application includes a nonresidential use that is not identical to or similar
to those uses shown on Table 2: Non-Residential Water Use Factors, the General
Manager shall research the projected annual consumption of the use and shall
recommend a value to the Board that corresponds to the estimated annual water
use capacity. Modifications to Table 2
shall be made by Resolution of the Board of Directors.
e. The General
Manager shall compare the pre-project estimated annual water use capacity
against the estimated annual water use capacity shown on the construction
drawings submitted with the Water Release Form and Water Permit
Application. Pre-project estimated
annual water use capacity may be verified by on-site inspection.
f.
The General Manager shall reduce the estimated
annual water use capacity by any verified Water Use Credit or on-site water
credit applicable to the application as shown on the Water Release Form and
Water Permit Application and shall determine the adjusted water use capacity of
the proposed project.
TABLE 2:
NON-RESIDENTIAL WATER USE FACTORS
Group I - Low to Moderate Use 0.00007
AF/SF
Auto Uses Retail
Gym
Church Medical
Office Bank
Dental/Medical/Veterinary
Clinics Office School Classrooms
Family
Grocery Warehouse
Group II - High Use 0.0002
AF/SF
Bakery Pizza
Supermarket/Convenience
Store
Dry Cleaner Deli
Group III - Miscellaneous Uses - Each
Category is Calculated Separately
Assisted
Living (more than 6 beds) 0.085
per bed
Beauty
Shop/Dog Grooming 0.0567
AF/station
Child Care 0.0072
AF/child
Dorm 0.04
AF/room
Gas Station 0.0913
AF/pump
Laundromat 0.2
AF/machine
Meeting
Hall 0.00053
AF/sf
Motel/Hotel/Bed
and Breakfast: 0.1 AF/room
w/large bathtub (add to room factor) 0.03 AF/tub
Irrigated
areas not immediately adjacent (i.e. within 10 feet of any building): MAWA
Plant
Nursery 0.00009
AF/sf total land
Public Toilets 0.058
AF/toilet
Public Urinals 0.036
AF/urinal
Waterless
Urinals No
value
Restaurant
(General/Bar): 0.02
AF/seat
Restaurant
(24-Hour & Fast Food): 0.038
AF/seat
Self-Storage 0.0008
AF/storage unit
Spa 0.05
AF/spa
Swimming Pool 0.02
AF/100 sf surface area
Theater 0.0012
AF/seat
Group IV – Modified Non-Residential Uses – Users listed in this category have reduced water capacity
from the types of uses listed in Groups I-III and have received a Water Use
Credit for modifications. The General Manager shall
maintain a list of specific properties in this Group that have received a Water
Use Credit pursuant to Rule 25.5 for permanent reduction in use.
Note: Any non-residential water use which cannot be
characterized by one of the use categories set forth in Table 2 shall be
designated as “other” and assigned a factor which has a positive correlation to
the anticipated water use capacity for that site.
g. Based upon the
review conducted in 24-B-1-d, the General Manager shall determine if project
will result in a positive, neutral or negative water use capacity on the Site.
1)
An increase in capacity (Intensification of Use)
shall cause the calculation and collection of a connection charge prior to
issuance of a water permit.
2)
No connection charge shall be assessed when there
is no increase in water use capacity.
3)
A reduction in water use capacity shall result in
an on-site water credit upon verification that the former use has been
permanently abandoned. This credit shall
be established in conformance with Rule 25.5.
4.
Exterior Non-Residential Water Demand Calculations
For all new construction on
non-residential and mixed use sites, the exterior water demand calculation
shall be the Maximum Applied Water Allowance (MAWA) as determined by review of
the landscape and irrigation plans for the project Site. The following calculation should be used to
determine the MAWA:
MAWA = ETo x ETadj x LA x IE
325,851
Where:
·
MAWA
= Maximum Applied Water Allowance (gallons/year)
·
Eto =
Reference Evapotranspiration (inches per year)
·
ETadj =
Target ET Adjustment Factor shall
be 0.625
·
LA =
Landscaped Area of Site (square feet)
·
325,851 =
Gallons-per-Acre-Foot
·
IE =
Target Irrigation Efficiency shall be 0.625
5.
Calculating Adjusted Water Use Capacity.
Water use calculations shall be rounded to the third decimal place.
C.
WATER
SUPPLY COST COMPONENT
The water supply cost component used as a monetary
multiplier in each connection charge calculation required by this rule shall be
$10,623.20. This water supply cost
component shall be adjusted on July 1st of each year beginning in July, 1985,
to include the annual increase or decrease of the April Consumer Price Index
(CPI), all items, for San Francisco/Oakland, as promulgated by the
|
TABLE 3: CONNECTION CHARGE HISTORY |
|
|
YEAR |
CONNECTION CHARGE |
|
1985 |
$11,133 |
|
1986 |
$11,433 |
|
1987 |
$11,891 |
|
1988 |
|
|
1989 |
$12,295 |
|
1990 |
$13,529 |
|
1991 |
$14,058 |
|
1992 |
$14,660 |
|
1993 |
$15,202 |
|
1994 |
$15,325 |
|
1995 |
$15,692 |
|
1996 |
$15,960 |
|
1997 |
$16,551 |
|
1998 |
$17,048 |
|
1999 |
$17,832 |
|
2000 |
$18,492 |
|
2001 |
$19,565 |
|
2002 |
$19,976 |
|
2003 |
$20,415 |
|
2004 |
$20,517 |
|
2005 |
$20,948 |
D. CALCULATION OF CONNECTION CHARGES
The connection charge paid for a water permit
shall be determined by multiplying the Adjusted Water Use Capacity by the
current Connection Charge. This charge
shall be applied to each application for a water permit as follows:
2. All other water distribution systems
including private wells, and including other water distributions owned and/or
operated by California American Water Company shall pay 18.67 percent of the
final calculation.
E. ADJUSTMENT OF CALCULATIONS WHERE SPECIAL
CIRCUMSTANCES EXIST
1. The General Manager may reduce (or
increase) the Adjusted Water Use Capacity when special circumstances exist with
respect to the anticipated water consumption resulting from that permit. Special circumstances shall be deemed to
exist in the following circumstances:
a. Upon project
completion, where a dual system provides sub-potable or
untreated well water for outdoor use.
After verification that sub-potable or untreated well water is the
exclusive supply for all exterior uses, the General Manager may make a
proportional adjustment for the Final Adjusted Water Use Capacity and shall
refund that portion of the connection charge and the portion of water debited
from an allocation or entitlement.
b. Projects that
utilize water in conjunction with a manufacturing process.
c. Non-residential
projects owned by a public entity.
2.
The preliminary water use capacity adjustment
shall operate to exact a connection charge as it relates to the increment of
water which is projected to be available to and subject to use by the applicant
as a function of the connection, or the use of water. The General Manager shall make this
adjustment based upon projected use figures which are clearly more accurate and
reliable (based upon historical use or other hard documentation) than the
regional average methodology used to substantiate the non-residential water use
factors. Calculation of any charge shall
be made by use of non-residential water use factors shown on Table 2 should any
reasonable question arise with respect to the estimated annual water use
capacity for a particular water permit.
3.
The General Manager shall be granted authority to
factor Adjusted Water Use Capacity and connection
charges for industrial and public projects based upon the actual average annual
water use record following 60 months of occupancy and use without the necessity
of a hearing before the Board of
Directors. The process shall require
payment of an estimated connection charge and corresponding water allocation or entitlement
debit. The final connection charge and
corresponding water allocation debit shall be
adjusted upon the actual annual water use record for that connection.
4.
For all situations where the General Manager
finds special circumstances with substantial uncertainty exist regarding the
estimated annual water use capacity proposed by the permit applicant, the Board
shall consider approving a water permit upon payment of an estimated connection
charge and corresponding water allocation or entitlement debit. The final connection charge and corresponding
water allocation debit shall be adjusted upon the
actual average annual water use record for that connection.
5.
This Rule shall not apply
where a single meter supplies more than one water user.
6.
All water permits issued with a finding of
special circumstances shall be subject to the following conditions:
a. A deed restriction listing the conditions
of the permit shall be recorded on the property prior to issuance of a water
permit.
b. By written communication, the
jurisdiction shall authorize the District to issue a water permit based on a
finding of Special Circumstances under District Rule 24-G consistent with CEQA
compliance for the approved project.
c. The Jurisdiction shall acknowledge in
writing to the District that annual average water use above the preliminary water use capacity adjustment shall either result in a debit to its
allocation or shall require additional action to reduce or offset water use as
authorized by the District Board.
d. Approval of Special Circumstances with
Substantial Uncertainty is valid for thirty-six (36) months. The project shall be completed within
thirty-six (36) months of District approval.
One extension of time for twelve (12) months will be granted by the
General Manager upon evidence of due diligence by the applicant.
e. The project shall be exclusively equipped
with all reasonable conservation measures as determined by the General Manager.
f.
The
property owner shall agree to allow public access to water consumption records
for the life of the project. Access
shall be authorized by recordation of the appropriate deed restriction.
g. A detailed landscape plan and water
budget, including the MAWA calculation, shall be included with the water permit
application.
h. Prior to issuance of a water permit, the
water permit applicant shall submit connection charges and processing fees as
outlined in Rule 24 and Rule 60.
i.
A
water meter shall be installed to monitor exterior water use, apart from any
interior use. District staff shall have
access to the water meters and consumption reports upon reasonable request.
j.
The
property owner, or his agent, shall annually complete and submit a Special
Circumstances Review Form and applicable attachments to the District by
February 1. The Special Circumstances
Review Form shall require the property owner to provide information about the
project’s annual water use and practices, copies of the past year’s water
bills, information about the performance of any special appliances, and other
information useful in reviewing project-related water demand. The special circumstances review form shall
be submitted each year during construction and for ten years following full
occupancy after completion of the project.
k. Water use will be reviewed annually after
occupancy. If actual water use exceeds
the preliminary water use capacity adjustment during any annual review, the District
will debit the Jurisdiction’s water allocation for the difference. At the end of the monitoring period, if the
average annual water use exceeds the preliminary
water use capacity adjustment,
the District will determine whether the Jurisdiction shall transfer some of its
allocation to the project, or whether the applicant shall pay the cost of
District-approved water conservation projects within the District or on the project
site to establish water credits to offset the increased increment of water
needed by the project.
l.
The applicant and any successor in interest to the water permit
shall enter into an indemnification agreement with the District, whereby the
applicant agrees to indemnify, defend and hold harmless the District from any
and all legal and financial responsibility that may arise in connection with
approval of the application, including but not limited to attorney’s fees and
costs that the District may incur.
7.
The Board shall specify the appropriate number of
years to monitor actual annual water use when it finds special circumstances
with substantial uncertainty exist.
8.
In all applications where evidence does not
support the finding that special circumstances with substantial uncertainty
exist regarding a project’s water use capacity, it shall be presumed that the
non-residential water use factors as shown on Table 2 apply to the permit.
9.
Determinations of the General Manager
pursuant to this Rule may be appealed
to the Board.
F. CONNECTION CHARGE REFUNDS
1.
The connection charge paid for a water permit under
these Rules and Regulations shall be a fee retained by the District in consideration
of, and as reimbursement for the costs and expenses incurred by the District in
planning for, acquiring, reserving, and maintaining capacity in the water
distribution facilities existing or to be constructed within the District.
2.
If a project, as built, eliminates all or a
portion of the Adjusted Water Use Capacity upon
which the water permit was originally calculated, a refund of that portion of
the connection charge may occur.
3.
Refunds of connection charges shall occur if the
project is abandoned prior to construction.
4.
Refunds will only occur if a reduction in the
water use capacity is documented, or for abandoned projects, if the applicant
has permanently removed the water meter and canceled the building permit.
5.
Requests for refunds shall be in writing, and
shall include the water permit number and the reason a refund is
requested.
6.
All refunds shall be made to the then-current
titleholder of the real property to which the water permit was issued.
7.
Refunds requested for connection charges paid for
a Conditional
Water Permit shall be
processed under the following time lines and shall be subject to an
administrative processing fee of one hundred dollars ($100):
a. Refunds of less
than fifty thousand dollars ($50,000) shall be processed within thirty (30)
days;
b. Refunds between
fifty thousand dollars ($50,000) and one hundred thousand dollars ($100,000)
shall be processed within forty-five (45) days;
c. Refunds over one
hundred thousand dollars ($100,000) shall be processed within sixty (60) days.
G. CONNECTION CHARGE FUND ACCOUNTING
1.
The
District shall maintain separate accounts in its general fund for connection
charges received. Those separate fund
accounts shall be maintained and designated as connection charge accounts
"A" and "B". Account
"A" shall receive 18.67% of all connection charges collected. Account "B" shall receive 81.33% of
all connection charges collected. The
proceeds of any connection surcharge shall be transferred to the District's
general fund, without restriction.
2.
Connection
charge funds shall be expended from connection charge accounts "A"
and "B" for the sole purpose of planning for, acquiring and/or
reserving augmented water supply capacity for District water distribution
facilities. It is recognized that such
purposes include engineering, hydrologic, geologic, fishery, appraisal,
financial, and property acquisition endeavors.
Connection charge funds may further be used to acquire, maintain, and/or
reserve capacity in existing water distribution facilities existing within the
District.
IH. PERMIT
FEE PAYMENT PLANS
1. Except as may be required by operation of
law, or as approved by the Board of Directors on a case-by-case basis pursuant
to this Rule, the District shall not authorize a payment plan for fees and
charges due for the issuance of a water permit.
This shall mean that no permit shall be issued by the District unless
all required fees and charges have first been paid in full to the
District. In any circumstance where a
permit has been issued on less than full payment of all fees and charges due
from that parcel, that permit shall immediately be suspended and thereafter
revoked. Revocation of a water permit
shall cause removal or limitation of water service to that connection.
2. Notwithstanding any provision of this Rule,
the Board, on a case-by-case basis, may authorize delayed payment for projects
which are solely undertaken by California Non-Profit Public Benefit
Corporations provided each such plan shall ensure, by recorded deed restriction
which includes the consent of each property owner, that all fees and charges
due for the issuance of a water permit, together with deferred interest at the
rate to be set by the Board, shall be paid in full in the event project
ownership or occupancy is transferred to any entity other than a California
Non-Profit Public Benefit Corporation.
This provision is intended for use only in the presence of a substantial
financial hardship to the project proponent such that the development of the
project would be jeopardized by the present assessment of the full fees and
charges due for the issuance of a water permit.
Section
Nine: Amendment
Of Rule 24.5: Connections for Affordable Housing
Rule 25.5 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
A. DEFINITIONS AFFECTING AFFORDABLE HOUSING
For the purpose of this Rule 24.5, the
applicable jurisdiction’s affordable housing definitions shall
be used to determine if a property qualifies for a connection charge exemption.
pursuant to District Rule 24.5-B. the following definitions shall apply:
1. Definition of “Moderate Income Household”. The term “Moderate Income
Household” shall mean those individuals or group of individuals living together
as one household, whose combined gross annual income does not exceed the limits
established under the United States Housing Act of 1937, as determined from
time to time by the U.S. Department of Housing and Urban Development (HUD) in
its annual transmittal of income eligibility data for a “Moderate Income
Household” in the Seaside, Monterey, Salinas Standard Metropolitan Statistical
Area Median Family Income as specified in the latest United States Census and
projected to a year of sale by the United States Department of Housing and
Urban Development. “Moderate Income”
shall include all salaries, rents and similar sources of income as well as the economic value of property, savings, stocks,
bonds, and other assets.
2. Definition of “Affordable Housing”. The term “Affordable Housing” shall mean and refer to housing that is
affordable to moderate-income households.
Such housing is affordable if the sales price is equal to or less than
three times the maximum annual moderate-income household income; or if rented,
if the annual rent is equal to or less than 25% of the maximum annual
moderate-income household income.
“Moderate Income” shall include all salaries, rents and similar sources
of income as well as the economic value of property, savings, stocks, bonds,
and other assets.
The term “Affordable Housing” shall only apply to a “Dwelling Unit” which is available for private occupancy,
but for which ownership and/or occupancy is restricted by recorded covenant or
other deed restriction. This covenant or
restriction shall be enforceable by either the District or the public and shall limit use of all “Affordable Housing” so
that only households of “Moderate Income” or less shall qualify to occupy these
units by purchase, by rent, or by lease.
This covenant or restriction shall comply with the standards set by the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority for resale and occupancy of “Low Income” and
“Moderate Income” housing, and shall require that the District receive notice
prior to the removal or modification of that deed restriction. The recorded covenant shall further provide
notice to each subsequent owner that any change of water use from an affordable
housing use to any other residential or non-residential use shall constitute an
intensification of use which shall require payment at the
then-present value of connection charges to the District both for the
intensification of water use capacity and for the increment of water use which had
originally been exempted from the full fee.
The recorded covenant and shall be in a form approved by the District General Manager.
This covenant shall also require the use and maintenance of water
conservation measures as determined by the District General Manager, which
shall, among other things, maximize the use of low-flow fixtures and drought
resistant landscaping.
3. Definition of “Very Low-Income Household” and “Low-Income Household”. The terms “Very
Low-Income Household” and “Low-Income Household” shall mean those individuals
or group of individuals living together as one household, whose combined gross
annual income for each such group does not exceed the limits established under
the United States Housing Act of 1937, as determined from time to time by the
U.S. Department of Housing and Urban Development (HUD) in its annual
transmittal of income eligibility data.
Permissible income limits shall not exceed the primary criteria to
determine applicant eligibility for Section 8 HUD Public Housing programs. The terms “Very Low-Income” and “Low-Income”
shall include all salaries, rents and similar sources of income as well as the economic value of property, savings, stocks,
bonds, and other assets.
4. Definition of “Low-Income Housing”. The term “Low-Income Housing” shall mean and
refer to housing that is affordable to low-income and very low-income
households. Such housing is affordable
if the sales price is equal to or less than three times the maximum annual very
low-income household income; or if rented, if the annual rent is equal to or
less than 25% of the maximum annual very low-income household income.
The term “Low-Income Housing” shall only apply to a “Dwelling Unit” which is available for private occupancy,
but for which ownership and/or occupancy is restricted by recorded covenant or
other deed restriction. This covenant or
restriction shall be enforceable by either the District or the public and shall limit use of all “Low-Income Housing” so
that only households of “Low-Income” or less shall qualify to occupy these
units by purchase, by rent, or by lease.
This covenant or restriction shall comply with the standards set by the
California Department of Housing and Community Development (HCD) and the
Monterey County Housing Authority for resale and occupancy of “Low Income”
housing, and shall require that the District receive notice prior to the
removal or modification of that deed restriction. The recorded covenant shall further provide
notice to each subsequent owner that any change of water use from a low-income
housing use to any other residential or non-residential use shall constitute an
intensification of use which shall require payment at the
then-present value of connection charges to the District both for the
intensification of water use capacity and for the increment of water use which had
originally been exempted from the full fee.
The recorded covenant shall be in a form approved by the District
General Manager. This covenant shall
also require the use and maintenance of water conservation measures as
determined by the District General Manager, which shall, among other things, maximize
the use of low-flow fixtures and drought resistant landscaping.
5. Definition of “Dwelling Unit”. The term “Dwelling Unit” shall mean single or multiple residences suitable for
single household occupancy but shall not refer to non-permanent student or
transient housing, the occupancy of which is projected to average 24 months or
less.
B. CONNECTION CHARGE EXEMPTION
1. Partial Fee Exemption for Affordable Housing. Each residential connection which supplies water to a “Ddwelling
Uunit”
meeting the definition of “Aaffordable Hhousing” by
the jurisdiction shall be
exempt from fifty percent (50%) of the connection charge required pursuant to
Rule 24 during the period that “Dwelling Unit” continuously meets the
definition of “Aaffordable Hhousing”. Any change of water use from an “Affordable Housing” use to any other residential or
non-residential use (even if the change is limited to removal or modification
of the required deed restriction), or any transfer to another site, shall
constitute an intensification of use, and shall require the imposition of
the then-current connection charge both for the intensification and for that
entire increment of water use capacity which had been exempted from the original
connection charge. All other permit
conditions, including processing fees and surcharges, shall apply to these
connections.
2.
Fee Exemption
for Low-Income Housing. Each residential connection
which supplies water to a “Ddwelling Uunit”
meeting the definition of “Llow-Iincome Hhousing”
by
the jurisdiction shall be
exempt from all connection charges required pursuant to Rule 24 during the
period that the “Ddwelling Uunit”
continuously meets the definition of “Llow-Iincome
Hhousing”.
Transfer of water use to any other site shall be prohibited. Any change of water use from a “Low-Income
Housing” use to any other residential or non-residential use (even if the
change is limited to removal or modification of the required deed restriction)
shall constitute an intensification of use, and shall require the imposition of
the then-current connection charge both for the intensification and for that
entire increment of water use capacity which had been exempted from the
original connection charge. All other permit conditions, including processing fees and
surcharges, shall apply to these connections.
3.
All connection
charge adjustments granted pursuant to Rule 24.5 B shall be enforced by deed
restriction on the title of the property.
4.
Any change of
status to any other less restrictive residential or non-residential use shall
constitute an intensification of use, and shall require the imposition of the
then-current connection charge both for the entire increment of water use
capacity which had been exempted from the original connection charge and for
any increase in water use capacity.
5.
All other water permit conditions, including fees set forth in Rule 60,
shall apply to these connections.
Section
Ten: Amendment
Of Rule 25: Cancellation of Permits
Rule 25 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
RULE 25 - CANCELLATION EXPIRATION,
SUSPENSION, ABANDONMENT AND REVOCATION OF WATER PERMITS
A. All permits issued
pursuant to these regulations which are not completed (completion is defined by Rule 11) shall expire upon the date specified by
each jurisdiction as
shown on the permit two (2) years after the date of issuance or
upon expiration of the building permit, whichever occurs earlier. For any permit that does not bear a
cancellation date, that permit, to the extent it has not been completed by the
installation of a water meter, or to the extent
permitted fixtures have not been installed, shall expire one (1) year
following the date of issuance.
Persons possessing a current and valid Water Release Form whose water permits hasve expired or hasve
been canceled may re-apply for a new water permit pursuant to Rule 20. The District shall not accept any Water
Release Form after the date specified by any jurisdiction. A new Wwater Rrelease
Fform
will be required for all permit applications, or requests for
extension of a water permit. The District, however, shall not
extend a water permit for any
site on which a permit violation of
District rules has been noticed and has not been corrected.
B. All water permits issued by means of a Water Use Credit
shall expire two (2) years following the date of issuance. Persons possessing a current and valid Water
Release Form whose permits have expired may re-apply for a new water permit pursuant to Rule 20.
CB. The District Board General
Manager may suspend
processing a water permit application revoke any
permit issued pursuant to these Rules and Regulations whenever it
the
General Manager finds any of
the following:
1.
That any requirement or condition of the water permit is not being met.
2.
That the permittee property owner or permit
applicant has violated any provision of these Rules and Regulations.
3. That the permittee
property
owner or permit applicant has misrepresented intentionally or
negligently any material fact in the water permit application or in any
supporting documents.
C. The District Board may revoke any water
permit issued pursuant to these Rules and Regulations whenever it finds any of
the following:
1. That
any requirement or condition of the water permit is not being met.
2. That
the property owner or permit applicant has violated any provision of these
Rules and Regulations.
3. That
the property owner or permit applicant has misrepresented intentionally or
negligently any material fact in the water permit application or in any
supporting documents.
D. Adjustment of Allocation or
Entitlement for Expired, Suspended Cancelled, Abandoned
or Revoked Permits.
1. Any permitted
water capacity which is not used because of an
abandoned, expired, revoked, or returned permit shall be returned to the applicable Allocation or entitlement applicable
to that Jurisdiction (or the District Reserve) upon the expiration or
revocation of that permit.
2. Issuance of a
Any
current Water Use Credit pursuant
to Rule 25.5 shall revert to the originating site and shall
remain available for use pursuant to Rule 25.5 not result in any change to a Jurisdiction’s Allocation. Use of any Water Use Credit shall
similarly not cause a change to a Jurisdiction’s Allocation.
E. Refunds shall be issued according to Rule 24-HF,
Connection Charge Refunds.
Section
Eleven: Amendment
of Rule 25.5: Water Credits
A. Rule 25.5, as published prior to the adoption
of this ordinance, and as shown in strikeout below, shall be deleted in its
entirety.
RULE 25.5 -
WATER USE CREDITS
A. Except
where a permit has
been canceled, returned or revoked under these Rules, a
Person may receive a Water Use Credit
for the permanent abandonment of some or all of the prior water use on that Site by one of
the methods set forth in this Rule. A
Water Use Credit shall enable the later use of that water on that same site.
1. A person may apply to the District for a Water
Use Credit in advance of the abandonment of capacity for
water use, which that Person may cause on that Site. In such a circumstance, District staff (1)
shall verify that the Reduction is one which is permanent, (2) shall quantify
the capacity for water use which remains, (3) shall quantify the reduced water
use (the abandoned capacity), (4) shall quantify the increment of reduction
which exceeds the District’s target of 15% conservation based upon the criteria
used for the Water Allocation EIR,
and (5) shall provide written confirmation of the Water Use Credit based upon
the quantity set forth in element (4) above.
Credit shall not be given for any reduction, which occurs by reason of a
District, mandated or
sponsored program (e.g. retrofit-on-resale).
A Water Use Credit obtained pursuant to this method may be applied to,
and shall allow future water use on that Site at any time within a period of 60
months. After the 60th month, renewal of
this Water Use Credit shall be allowed only upon proof by the applicant that
some or all water savings represented by that Credit are current. If all savings are not current, a pro-rata
reduction shall occur. A single renewal
period of 60 months shall be allowed; thereafter any remaining unused Water Use
Credit shall expire. Water Use Credits
shall not be transferable to any other Site.
2. A Person who has not applied in advance
to the District for a Water Use Credit (in advance of the abandonment of the
capacity for water use) may still request that a Credit be given based on prior
reductions in water use capacity which occurred on that Site within the
preceding eighteen (18) months. In such
a circumstance the applicant shall have the burden to quantify and verify both
the reduction of water use capacity, and the date such reduction occurred. District staff shall determine the increment
of reduction which exceeds the District’s target of 15% conservation as set
forth in the Allocation EIR and shall determine the effective date for that
reduction in capacity for water use.
Credit shall not be given for any reduction, which occurs by reason of a
District, mandated or sponsored program (e.g. retrofit-on-resale); credit shall
not be given for any reduction which was completed more
than eighteen (18) months prior to the date of the application for the Water
Use Credit. The quantity of water
determined by staff to be available for a Water Use Credit under this method,
once the Water Use Credit has been granted, may be applied
to, and shall allow
future water use on that Site within
thirty (30) months from the date the reduction first occurred, and upon proof
by the applicant that those water savings are still current. After the 30th month, renewal of this Water
Use Credit shall be allowed only upon proof by the applicant that some or all
water savings represented by that Credit are current. If all savings are not current, a pro-rata
reduction shall occur. A single renewal
period of thirty (30) months shall be allowed; thereafter any remaining Water
Use Credit shall expire. Water Use
Credits shall not be transferable to any other Site. Residential Water Use Credits shall not be
transferable to any other Site.
3. A Water Use Credit shall provide the
basis for issuance of a permit for an Intensified
Water Use on that Site provided (1) the credit is current (has not expired),
and (2) provided the abandoned capacity (saved water) forming the basis for the
Water Use Credit is determined not yet to have been used on that Site. There shall be no connection charge assessed
for the capacity for water used pursuant to any Water Use Credit. Connection charges, however, shall apply to
the capacity for water use, which exceeds the Water Use
Credit, or for any expansion of use
following the expiration of the Water Use Credit. No refund shall accrue by reason of water use
reduction, or abandonment of capacity, whether or not reflected by a Water Use
Credit. Issuance of a Water Use Credit
shall not result in any change to a Jurisdiction’s Allocation. Use of any Water Use Credit shall similarly
not cause a change to a Jurisdiction’s Allocation.
4. A Water Use Credit on a Redevelopment
Project site may, in addition to the time limits and in the manner set forth
above, have its expiration date extended for two (2) additional periods of sixty
(60) months each, to afford any such Redevelopment Project a maximum period of
two hundred forty (240) months to use that credit.
B. When a Water Use Credit on a Site
results from demolition of a building that straddled a lot line, the property owner shall
specify in writing the quantity of water credit assigned to each of the lots
formerly occupied by that building. This
designation shall be recorded upon the title of each of the lots.
C. A Water Use Credit shall enable reuse of
saved water on the Site.
1. Water Use Credits may be moved between
one or more structures on the same Site.
2. When Water Use Credits are used to create a new User, the Site
must have been under the current ownership for at least 24 months.
3. 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.
B. The following text (shown in bold italics) shall replace
Rule 25.5 as deleted by this ordinance:
RULE 25.5 - WATER USE CREDITS AND ON-SITE CREDITS
A. Except
where a water permit has been
canceled, returned or revoked under these Rules, a person may receive a Water Use Credit
for the permanent abandonment of some or all of the prior water use on that Site by one of
the methods set forth in this Rule.
Water Use Credits shall be documented by written correspondence between
the District and the property owner, and shall remain
valid unless prohibited by this Rule.
Water Use Credits shall not be documented by notice on a property title,
except as specified in Rule 25.5 C.
Except as allowed by Rule 28-B,Water Use Credits shall not be
transferable to any other Site.
B. A
Water Use Credit may be applied to, and shall allow, future water use on that
Site at any time within a period of 60 months.
After the 60th month, the General Manager shall allow renewal of this
Water Use Credit only upon verification that some or all water savings represented
by that Credit are current (i.e. no water permit or other use or transfer of
the Water Use Credit has occurred). If
all savings are not current, a pro-rata reduction shall occur. A single renewal period of 60 months shall be
allowed; thereafter any remaining unused Water Use Credit shall expire.
C. The following types of permanent
abandonment of capacity shall qualify for a Water Use Credit under this Rule:
1. Demolition
of a building or use that has been recognized by the District as being a Lawful
Water Use;
2. Permanent
disconnection of a Lawful Water Use from a water distribution system;
3. Residential
removal of water fixtures;
4. Permanent
installation of non-mandated water fixtures or appliances.
D. To
make determine a Water Use Credit, the General Manager shall:
1. Verify that the Reduction is one which
is permanent (i.e. Permanent Abandonment of Use).
a. Credit shall not be given for any
reduction which occurs as the result of the removal of landscaping installed
without a water permit. An exception to
this limitation shall be made for landscaping that was specifically identified,
quantified, and permitted by the District.
b. Quantify the increment of reduction
not caused by Water savings resulting from the installation of Low Water
Use Plumbing Fixtures mandated by the District shall not be documented as a
Water Use Credit retrofits and/or low water use plumbing fixtures.
2. Quantify the water use capacity of the
site using the water use factors from Rule 24, Tables 1 and/or 2. If no factor is available on Tables 1 or 2,
and if the use is substantially different than any of the uses shown on Table
2, the General Manager may make an estimate based
upon water records showing the average use over a minimum of ten years.
3. Quantify the water use reduction (the
abandoned capacity) using the following methods:
a. Water Use Credit for residential
demolitions, permanent disconnection of water service, and permanent removal of
water fixtures shall be determined using the Fixture Unit Values from Rule 24, Table
1—Residential Fixture Unit Count Values.
b. Residential Water Use Credits shall be
granted for installation of ultra-low consumption appliances. Table 4: Ultra-Low Consumption Appliance
Credits, shall list the ultra-low consumption appliances and the quantity of
Water Use Credit available for the permanent installation of the
appliance. This table shall be amendable
by Resolution of the Board of Directors.
Table 4:
Ultra-Low Consumption Appliance Credits |
||
Appliance |
Description |
Water Use Credit in Acre-Feet |
|
Dual Flush Ultra-Low Flush
Toilet |
A toilet designed to allow the user to
choose between a light flush (usually 0.8 gallon) and a longer 1.6-gallon
flush. |
0.003 AFA |
|
Instant-Access
Hot Water System |
A
recirculating hot water system or other device that results in hot water
contact at any point of access throughout the building within ten (10)
seconds. |
0.005 AFA |
|
Ultra-Low
Consumption Dishwasher |
A dishwasher designed to
use a maximum of 7.66 gallons during every complete cycle. |
0.005 AFA |
|
Ultra-Low
Consumption Washer (18-28 gallons) |
A washing machine designed to use a
maximum of 28 gallons during every complete cycle. |
0.005 AFA |
|
Ultra-Low
Consumption Washer (Less than 18 gallons) |
A washing machine designed to use less
than 18 gallons during every complete cycle. |
0.01 AFA |
|
Ultra-Low
Flush One-Half Gallon-Per-Flush Toilet |
A toilet designed to use a
maximum of one-half gallon of water per flush. |
0.007 AFA |
|
Ultra-Low
Flush One Gallon-Per-Flush Toilet |
A toilet designed to use a
maximum of one-half gallon of water per flush. |
0.004 AFA |
c. Water Use Credit for nonresidential demolition
and for permanent disconnection of water service shall be determined using
Table 2—Non-Residential Water Use Factors.
d. Water Use Credit for nonresidential
retrofits with ultra-low consumption technology shall be documented under the
following circumstances:
(1) Application for Water Use Credit
Post-Retrofit. The applicant shall
submit clear and convincing evidence of water savings. This shall be accomplished by providing the
District with a minimum of ten (10) years of documented pre-retrofit water
history for the use from the water distribution system (i.e. bills or
correspondence) along with two or more years of post-retrofit water history for
the use (i.e. bills or correspondence from the water distribution system
operator). When ten years of water
history for a use is unavailable or when less than two years of post-retrofit
water history is available, the applicant shall obtain an independent third
party’s review of the projected water savings. The District shall maintain a
list of persons qualified to prepare a third party water conservation
analysis. In all cases, the District
shall verify the installation of ultra-low consumption technology by conducting
an on-site inspection.
(2) Application for Water Use Credit
Pre-Retrofit. The applicant shall submit
clear and convincing evidence of water savings.
This shall be accomplished by providing the District with a minimum of
ten (10) years of documented pre-retrofit water history for the use from the
water distribution system (i.e. bills or correspondence). When ten years of water history for a use is
unavailable, the factor from Rule 24, Table 2 – Non-Residential Water Use
Factors, shall be used as the historic use base line. To substantiate projected water savings
resulting from the proposed retrofit(s), the applicant shall submit additional
documentation to support the estimated water savings. Finally, the applicant shall obtain an
independent third party’s review of the projected water savings. The District
shall maintain a list of persons qualified to prepare a third party water
conservation analysis. In all cases, the
District shall verify the installation of ultra-low consumption technology by
conducting an on-site inspection.
(3) In the event that the General Manager
disagrees with the amount of water savings resulting from the installation of
ultra-low consumption technology, the complete Water Use Credit application
shall be presented to the Board for further consideration.
4. Written notification of the quantity
and expiration of a Water Use Credit shall be provided to the applicant and to
the property owner.
E. A current Water Use Credit may provide
the basis for the General Manager to issue a water permit for new, modified, or intensified water use on
that Site.
1. There shall be no connection charge
assessed for any Water Use Credit.
Connection charges, however, shall apply to the capacity for water use
which exceeds the Water Use Credit, or for any expansion of use following the expiration of the Water
Use Credit.
2. Use of a
documented Water Use Credit to offset an expansion of use shall cause
recordation of a Notice and Deed Restriction Regarding Limitation on Use of Water on a
Property.
3. No connection charge refund shall
accrue by reason of a water use reduction or abandonment of capacity, whether
or not reflected by a Water Use Credit.
4. Issuance of a Water Use Credit shall
not result in any change to a Jurisdiction’s Allocation or to any entitlement. Use of any Water Use Credit shall similarly
not result in a change to a Jurisdiction’s Allocation or any entitlement.
F. When
a Water Use Credit on a Site results from demolition of a building that
straddled a lot line, the property owner shall
specify in writing the quantity of water credit assigned to each of the lots
formerly occupied by that building. This
designation shall be recorded upon the title of each of the lots.
C. A
Water Use Credit shall enable reuse of saved water on the Site.
1. Water
Use Credits may be moved between one or more structures on the same Site or may be used to construct new
uses on the same Site.
2. The
District shall not
require an additional increment of water 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. Examples of acceptable evidence are includes 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.
3. 4. A Water Use Credit for disconnection
from a potable water distribution system shall be granted by the General Manager
only upon the removal of the connection and written confirmation of such
removal by the owner of the water distribution system.
D. An
on-site water credit resulting from the non-permanent removal of a lawful use
that occurred on or after March 1, 1985, may be applied
to, and shall allow, the
future reuse of that increment of water on that Site. A Water Permit for reinstating the former use
shall be required and allowed.
Section
Eleven: Amendment
Of Rule 26: Rehearing
Rule 26 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
RULE 26 – REHEARING
Permission of the District Board General
Manager shall be secured prior to resubmission of any application
denied by the District within the preceding twelve (12) months.
Section
Twelve: Amendment
Of Rule 28: Transfer
Rule 28 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
RULE 28 – PERMIT AND WATER USE
CREDIT TRANSFERS
A.
PERMIT TRANSFER LIMITATION
Any
permit issued pursuant to these regulations may be transferred from one person
to another upon payment of processing fees and charges required for issuance of
an amended permit, upon written notification to the District, except as follows:
1. A Water pPermits is Site specific and may not be
transferred from one location to another, except
as allowed by Rule 28-B, except as provided by Part B of this Rule;
2. Permits may not
be transferred when the General Manager determines within thirty (30) days of
the written notification required by this rule that the transfer may allow or
facilitate increased water consumption of a water distribution system. Permit
transfer shall result in the reprinting of the former water permit with the new
applicant’s contact information.
3. Transferred
permits shall be subject to all conditions attached to the original permit and are subject to fees under Rule 60. Applicants
who are not allowed to transfer a permit under this rule may apply for a new
permit or an amendment to the existing permit pursuant to Rule 23.
4. Determinations of the General Manager
under this rule, either allowing or refusing a permit transfer, may
be appealed to the Board pursuant to Rule 70 and Rule 71.
B.
PROPERTY-TO-PROPERTY AND PROPERTY-TO-JURISDICTION TRANSFERS OF WATER
USE CREDITS FOR COMMERCIAL AND INDUSTRIAL USES
Water
use credits for existing water use which has been allowed by the District on or
after January March 1, 1985, may be transferred from one property to
another for commercial and industrial non-residential connections pursuant to this Rule and upon the
approval of the Board of Directors. Commercial
and industrial Non-residential water
credits may also be transferred directly into a jurisdiction’s allocation upon
the approval of the Board of Directors.
Open space and residential water use shall not be transferred except as allowed by Rule 28-C 24-B-2. The following conditions shall apply:
1. Due to the
District’s ongoing concern about the viability of the available water supply
and the possibility that water transfers may result in additional water usage,
water transfers shall be approved by the Board of Directors, subject to the
other provisions of this Rule, if the transfer will not have an adverse impact
on the water supply. In exercising its
discretion, the Board of Directors shall consider the impacts of the
application under consideration, as well as the cumulative impacts of other
transfers, on the water supply.
2. Water use credit
transfers shall only occur within a single jurisdiction. No inter-jurisdictional transfer shall be
allowed. Property-to-property
transferred water credits shall not have any impact on a jurisdiction’s
allocation. Property-to-jurisdiction
transfers shall increase a jurisdiction’s available allocation.
3. Water use credit
transfers shall only occur within a single water distribution system. No inter-system transfers shall be allowed.
4. Water use credit
transfers shall only occur with the prior approval of the city, county or
airport district.
5. Water use credit
transfers shall only be allowed from an existing commercial or industrial non-residential use,
and shall be applied to the intensification of another existing commercial or
industrial use or added to a jurisdiction’s allocation. Other than transfers which add to a jurisdiction’s allocation, transfer
credits shall not originate from, or be transferred to, any residential
use. Transfer credits shall not derive
from any prior open space water use.
6. Property-to-property
water use credit transfers shall only be used for intensification
purposes. New water connections shall
not be issued based upon a property-to-property transferred water use credit.
7. Property-to-property
commercial non-residential water
use credit transfers shall only enable intensification of an existing commercial or industrial non-residential water
use capacity, as proposed by a current application for a water permit. Transfers shall not provide water use
capacity for new commercial
or industrial non-residential water
meter connections. Transferred water
credits shall not be “banked” for future use at any new or different site.
8. The use of credits
resulting from a property-to-jurisdiction transfer shall be at the discretion
of the jurisdiction.
9. All water use
credit transfers shall originate only from prior documented commercial non-residential water
use capacity and shall be subject to each and every limitation on the
calculation of water use credits set forth in Rule 25.5. The
District shall permanently retain 15 percent of the amount of water credit
transferred as a contribution to general water conservation savings.
10. All transfers of
water use credits shall occur only by the written (and recorded) agreement of
the owner of record for each parcel from which the transfer originates. This agreement shall confirm that the
transfer of water credit is irrevocable, shall quantify remaining water use
capacity required by the originating parcel(s), and acknowledge that any
intensification of water use capacity on the originating site thereafter shall
result in additional connection charge fees.
If all prior water use capacity is transferred from a site (due to
demolition of all structures on that site), the recorded agreement and notice
shall consent to permanent removal of the meter connection from the originating
site, and acknowledge that the placement of a new meter shall be limited due to
unavailability of water.
11. Transfer of water
use credits shall only occur upon approval by the Board of Directors. The Board of Directors shall have sole and
exclusive authority to determine the water use capacity which cannot be
transferred by reason of capacity requirements for the originating site. The Board of Directors shall have sole and exclusive authority to
determine the water use capacity requirements for the receiving site. The Board of Directors shall not approve any
water credit transfer where money or other valuable consideration has been
given in exchange for the water credit transfer. In addition, the Board of Directors General Manager shall not approve any capacity for expanded water use
deriving water
permit application using water
from a transferred water credit in any circumstance where money
or other valuable consideration has been given in exchange for use of the water
credit. These limitations shall
nonetheless allow the recipient of a water credit transfer to reimburse the
donor of that credit for connection charges associated with the transferring water use capacity that
were previously paid to
the District for that
increment of water a water permit. As a condition of approval, the property
owner of the originating site shall complete and submit a Declaration Regarding
Consideration Given for Transferred Water Use Credit.
12. Violation of the
prohibition on the transfer of water credit for money or other valuable
consideration shall result in immediate revocation of the transfer credit.
13. Violation of the
prohibition on the transfer of water credit for money or other valuable
consideration is a misdemeanor as provided in Section 256 of the Monterey
Peninsula Water Management District Law.
14. Transfer of water
use credits shall not be approved by the Board of Directors if the effect of
the transfer shall cause the originating site to have insufficient water credit available to
meet the water use capacity requirements of all existing structures on the transferring property
site. If all prior water use is
transferred from a site (due to demolition of all structures), the transfer
shall be approved only upon the removal of the meter connection from the
originating site, and the recordation of the notice specified above.
15. Conditions of the transfer shall be recorded on both the
originating and receiving sites prior to completion of the Water Use Credit
transfer.
165. The effect of any approved water credit
transfer shall be the irrevocable extinction of any right or entitlement to the
actual water use, water use capacity, or water credit which has been transferred
from the originating (transferring) site.
16.
Before any water use credit transfer shall occur,
the transfer fee required by Rule 60 for each originating site shall be paid by
the applicant.
17.
Before any water use credit
transfer shall occur, the applicant shall enter into an indemnification
agreement with the District as a Condition of Approval, whereby the applicant
agrees to indemnify, defend and hold harmless the District from any and all
legal and financial responsibility that may arise in connection with approval
of the Application, including but not limited to attorney’s fees and costs that
the District may incur.
C. PUBLIC OPEN SPACE (formerly Rule 24-B-2)
The General Manager, upon written request, shall enable a transfer
of water use credit derived from open space irrigation
from one location owned and operated by a public entity to another location
owned and operated by that public entity provided the use of transferred water
shall be entirely dedicated to open space use.
The General Manager shall approve a public open space transfer
when the following criteria are met:
1. Transfers
between different public entities shall not be allowed.
2. Transfers
from or to lands owned or operated by private (non-public) individuals or
companies shall not be allowed.
3. Transfers
for other than open space use shall not be allowed.
4. Transfers which enable greater water use than the amount of
water transferred shall be assessed connection charges and water from the
jurisdiction’s allocation for all capacity for water use in excess of the
transferred water credit pursuant to Rule 23.
5. Any right or entitlement to water use at the original
(pre-transfer) location shall be terminated and shall extinguish to the extent of the
water use credit transferred.
6. Any new, expanded or modified use on the receiving site
shall require a water permit.
7. Conditions of the transfer shall be recorded on both the
originating and receiving sites.
Section
Thirteen: Amendment
Of Rule 30: Determination
Of Water Allocations
Rule 30 shall be revised as shown in bold italics (bold italics)
and strikeout (strikethrough):
RULE
30 – DETERMINATION OF WATER ALLOCATIONS
When
a Jurisdiction can
establish that permanent water savings have been achieved in excess of that
necessary to sustain the 15% conservation target set forth by the District in
the Water Allocation
EIR, the excess increment of permanent water savings may be credited by the
District to that Jurisdiction’s Allocation.
Credit shall not be given for any reduction which occurs by reason of a
District sponsored or mandated program
(e.g. retrofit-on-resale). Such credits
shall be determined by a Resolution approved by the board of directors of the
District. The Board shall
adopt guidelines to guide the implementation of the credit process provided by
this Rule.
Section Fourteen: 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.
This ordinance shall take effect at 12:01
a.m. on July 1, 2006.
This Ordinance shall not have a sunset
date.
Section
Sixteen: 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 by Director
_______________, and second by Director ________________, the foregoing
ordinance is adopted upon this ___ day of ______ 2006, by the following vote:
AYES:
NAYS:
ABSENT:
I, David A. Berger,
Secretary to the Board of Directors of the Monterey Peninsula Water Management
District, hereby certify the foregoing is a full, true and correct copy of an
ordinance duly adopted on the ___ day of _________ 2006.
Witness my hand and
seal of the Board of Directors this ________ day of ____________ 2006.
David
A. Berger, Secretary to the Board
U:\staff\word\committees\Tac\2006\20060307\02\item2_exh2a.doc
[1] When a kitchen sink exists without the benefit of a dishwasher, a dishwasher may be added without a water permit.