Monterey County Municipal Code Ch. 18.46 Regulations to Control Intensification of Water Consumption in The…

A. The County of Monterey receives annually a share of the total quantity of water available under an allotment system established by the Monterey Peninsula Water Management District based on a pro-rationing of the known water supply for each of the jurisdictions served by the California-American Water Service Company.

B. Based on the aforesaid quantity of water allotted to the County of Monterey, the Board of Supervisors has established a system of priority of distribution of said water allocation and an annual review thereof.

C. A review of water consumption during the last two years, indicates that Monterey County's share of water under the foregoing allotment system has constantly come perilously close to being exhausted due to excessive and expanded water usage.

D. As a result of such excessive and expanded water usage in the areas defined herein, the potential exists that Monterey County's allocation of water will be exhausted so as to pose an immediate threat to the public health, safety, or welfare.

E. In order to insure the availability of water for domestic, development, and other purposes, for present as well as for future use in the areas designated, it is necessary that uniform regulations be adopted to control intensification of water consumption in the areas defined herein.

F. In view of the excessive and expanded water usage in the areas defined herein, there exists a current and immediate threat to the public health, safety, welfare, and adoption of the regulations herein on an urgency basis is necessary in order to forestall said threat to public health, safety, and welfare.

(Ord. 3310, 1988)

It is the purpose and intent of this Chapter to reduce the excessive use of water within the California-American Water Service Company service area and to protect and insure the availability of water for domestic, development, and other purposes, for present as well as for future use, by establishing uniform regulations to control intensification of water consumption in said area.

(Ord. 3310, 1988)

The regulations set forth in this Chapter shall apply to the unincorporated portion of Monterey County within the service area of the California-American Water Service Company, as shown on that map entitled "Boundary Water Constraint Area" attached hereto and made a part of this Chapter.

(Ord. 3310, 1988)

A. No person, firm or corporation shall hereinafter, within those portions of the unincorporated area of the County of Monterey which are set forth and specified in Section 18.46.030 of this Chapter, intensify land use over that existing at the time the provisions of this Chapter became effective, except as otherwise provided in this Chapter. For the purpose of this Chapter "intensify land use" means new development resulting in an increase in the use of water on a building site over that level of use of water existing at the time this Chapter was applied to the property. Applications for new development that would intensify land use shall not be considered, except as otherwise provided in this Chapter.

B. This Chapter shall not apply to or prohibit the following:

1. The construction of the first single-family dwelling on a vacant residential legal lot of record, additions to or remodeling of existing single-family dwellings, or guesthouses, senior citizens units or caretakers units accessory or ancillary to an existing principal residence on a parcel, and that certain subdivision application numbered MS-86-19, and non-habitable structures accessory to a residential use.

2. New commercial development that would not require more than .414 acre feet of water annually per legal lot.

3. Additions to or expansion of existing commercial development where such addition or expansion does not increase the water use of such commercial development.

4. Completion and development of subdivisions for which a tentative map was approved prior to September 1, 1986, and which were included in priorities one through four on the water allocation schedule adopted by the Board of Supervisors on November 19, 1987.

5. Subdivisions or projects partially located in the California-American Water Company service area, but which do not presently draw water from the California-American Water Company system as their water source.

6. Development projects including subdivision, where an applicant demonstrates to the satisfaction of the Planning Director that water conservation measures proposed on or off the affected building site will, in combination with the project for which approval is sought, result in a minimum of ten (10) percent overall decrease in the use of water.

7. Applications for subdivision of land where all of the following criteria exist:

8. The parcel when subdivided would result in two or more parcels meeting minimum density requirements, and

9. The parcel contains two or more residential units each of which was either built or had a building permit issued prior to the adoption of this ordinance, and

10. The new parcels would each contain one of the existing residential units, and

11. There would be no net increase in the use of water as a result of the subdivision.

12. Projects that propose to use as their sole water source potable water which will be made available to the project, either through direct entitlement or as a result of the County's priority allocation, as a function of a water reclamation project which will augment the water supply.

13. Applications for subdivisions of property wholly located in the California-American Water Company service area and which currently utilize water from existing on-site wells for agricultural purposes in addition to that supplied by the Company, provided there is no resulting net increase in the overall use of water.

(Ord. 3310, 1988)

A. It shall be the duty of the Director of Planning of the County of Monterey, State of California, and all officers and employees of said County herein charged by law with the enforcement of this Chapter to enforce all the provisions of the same.

B. Repealed.

C. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved, or maintained, contrary to the provisions of this Chapter, and/or any use of any land, building, or premises, established, conducted, operated, or maintained contrary to the provisions of this Chapter, shall be, and the same is hereby declared to be a violation of this Chapter and a public nuisance.

D. Repealed.

E. Repealed.

F. Repealed.

G. Repealed.

(Ord. 3659 § 8, 1993)

(Ord. No. 5135, § 34, 7-7-2009)

Should any person, firm or corporation violate the terms of this Chapter and any legal action is authorized either by the Board of Supervisors, County Counsel, or District Attorney, or is in fact filed by said agencies for said violation, no other action shall be taken on any application filed by or on behalf of said person, firm or corporation until the litigation has been resolved.

(Ord. 3310, 1988)

Based on the findings herein, this Chapter shall take effect immediately upon its adoption. This Chapter shall be reviewed by the Board of Supervisors one year after its effective date, or earlier upon stall recommendation, and annually thereafter.

(Ord. 3310, 1988)