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MPWMD Board Meeting, Item 15 July 18, 2005 Staff Contact: Henrietta Stern

Consider First Reading of Ordinance 122, Creating an Impact-Based System for Water Distribution System Permits. MPWMD Board Meeting, Item 15 July 18, 2005 Staff Contact: Henrietta Stern U/hs/ppt/2005/brd122firstread_071805.ppt. Board Consideration.

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MPWMD Board Meeting, Item 15 July 18, 2005 Staff Contact: Henrietta Stern

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  1. Consider First Reading of Ordinance 122, Creating an Impact-Based System for Water Distribution System Permits MPWMD Board Meeting, Item 15 July 18, 2005 Staff Contact: Henrietta Stern U/hs/ppt/2005/brd122firstread_071805.ppt

  2. Board Consideration • Consider adoption of Negative Declaration for Ordinance No. 122 (Version 4A). • Consider approval of first reading of Ordinance No. 122 (Version 4A). • Consider approval of Resolution 2005-06 to amend permit fees to be consistent with Ordinance No. 122.

  3. Background • MWPMD governs Water Distribution Systems (WDS) through its Rules & Regulations. • In August 2004, the Board concurred with two ordinance concepts to address needed changes. • Ordinance No. XX (clarify process, fees and enforcement) became Ordinance No. 118, adopted in December 2004. • Ordinance No. YY (multi-level, impact-based permit process) became Ordinance No. 122, and was approved in concept on May 18, 2005; staff was directed to prepare a CEQA Initial Study.

  4. Ordinance No. 122 Overview • Revises WDS rules to create multi-level, impact-based system for permit processing; entails new pre-application step. • More efficient and reduced cost process for lower-impact applications; more extensive and costly process for higher-impact applications. • Impact based on parcel size, number and type; potential water demand; proximity to Sensitive Environmental Receptors (SER) and other wells.

  5. Ordinance No. 122 Elements • Rule 11 defines 10 new terms and revises seven current definitions. • Rule 20 amended to allow exemptions for specific circumstances; sets a 10-year limit on exemption to replace “inactive” well. • Rule 21 amended to add pre-application step. • Rule 22-A completely replaced with multi-level, impact-based protocol for Levels 1, 2, 3, and 4; relies on matrix table to determine review level.

  6. CEQA Review • Initial Study/Proposed Negative Declaration circulated June 16-July 8; • One comment letter received; questioned adequacy of Negative Declaration; • Suggested Level 1 include staff CEQA review (not ministerial approval); • Made several text suggestions for clarity and consistency.

  7. New Version 4A of Ordinance • Staff and counsel recommend Version 4A; changes are shaded text (Exhibit 15-B starting on page 151). • Version 4A addresses CEQA comments; improves clarity and consistency. • Level 1 low impact applications are still efficiently processed at much lower cost. • Version 4A changes highlighted in red in this presentation.

  8. Rule 11 - New Definitions • Abandoned Well • Amend a Water Distribution System • Inactive Well • Level 1(Categorical) Permit (CEQA criterion added) • Level 2 (Administrative) Permit • Level 3 Permit (Hearing Officer Review) • Level 4 Permit (MPWMD Board Hearing) • Permit Review Level • Sensitive Environmental Receptors (SER) • Well Source and Pumping Impact Assessments

  9. Rule 11 – Revised Definitions • Active Well • Completion of a WDS • Completion of a Well • Create a Water Distribution System • Reactivate a Well • Replace a Well • Well

  10. Rule 20 - Exemptions Delete Rule 20-C-2 and replace with new criteria for exemption (must meet all criteria): • Located outside Carmel River, Seaside Basins; • one or two residential parcels totaling less than 2.5 acres; • located outside Cal-Am service area (no remote meter); • located more than 1,000 feet from Sensitive Environmental Receptor (SER); • More than 1,000 feet from existing wells. (SER= CR Alluvium, 5 named tributaries, Seaside Groundwater Basin, Pacific Ocean)

  11. Rule 20 Exemptions, continued • Exemption for “reactivate, refurbish or replace” a well does not apply to abandoned wells or wells that have been inactive for more than 10 years; • Monterey County Health Department definitions used for “abandoned” and “inactive.” Notification and reporting required to maintain “inactive” status.

  12. Rule 21 - Applications • Amend Rule 21 to add “pre-application” review step. Determine if Exempt or Permit Review Level 1, 2 , 3 or 4. • Rule 22 specifies the process for each of the Permit Review Levels. • Coordinates with changes made by Ordinance No. 118 on required application information.

  13. Rule 22 – Permit Action Rule 22-A replaced; five new review possibilities: • Exempt - Meets all exemption criteria; no permit needed. Ministerial action exempt from CEQA (Section 15268). • Level 1 (Categorical) Permit – Meets all permit criteria, including residential parcel and qualifies for CEQA categorical exemption. Permit restricts interties, but does not set limits. MPWMD discretionary action subject to CEQA review. • Level 2 (Administrative) Permit - Modest potential impact; full compliance with existing rules, but no public hearing. MPWMD discretionary action subject to CEQA review. • Level 3 Permit (Hearing Officer Review) - Moderate potential impact; public hearing at staff level. MPWMD discretionary action subject to CEQA review. • Level 4 Permit (MPWMD Board Hearing) - Highest potential impact; public hearing by Board. MPWMD discretionary action subject to CEQA review.

  14. Matrix Determines Permit Level(see Exhibit 15-B, page 166 in packet) Table 22-A matrix components include: • Number of parcels and total acreage; • Project type (residential, non-residential, new subdivision, etc.); • Estimated water use; • Proximity to Sensitive Environmental Receptors or existing wells; • Location in Cal-Am service area; setting.

  15. Resolution to Amend Fees • Need amended fee structure consistent with pre-application process and Permit Review Levels 1-4; • Fees now can be changed by Board Resolution (per Ordinance No. 120); • Resolution 2005-06 amends fee structure with revised Table of Fees and Charges, based on anticipated staff time and costs.

  16. Overview of Fees • Pre-application screening: $200 (flat fee) • Exemption confirmation: $50 (flat fee) • Level 1 Permit: $375 (flat fee) • Level 2 Permit: $1,400 (variable fee) • Level 3 Permit: $2,450 (variable fee) • Level 4 Permit: $2,450 (variable fee).

  17. Recommended Board Action • Adopt Negative Declaration for Ordinance No. 122 (Version 4A). • Approve first reading of Ordinance No. 122; direct staff to prepare second reading for August 15, 2005 meeting. • Adopt Resolution 2005-06 to amend Table of Fees and Charges.

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