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SIGNED BOARD REPORT AND SUPPO1�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: May 17, 2011- 10:30 a.m. AGENDA NO: S 1
SUBJECT: Public hearing to consider adoption of an interim ordinance to extend Interim Urgency
Ordinance No. 5160, as modified and extended by Interim Ordinance No. 5163, for one additional
year, until and through May 24, 2012, temporarily prohibiting the acceptance and processing of water
well applications and issuance of water well permits, with limited exceptions, on parcels of less than
2.5 acres within a portion of the California American Water Company Monterey District Main
System service area, pending the County's consideration of additional well regulations. 4/5`h vote
required)
Project Location: APN: Multiple
Plannin Number: REF100015 Name: N/A
Plan Area: Del Monte Land Use Plan, Carmel Valley Flagged
Master Plan, Carmel Land Use Plan, Greater and
Monterey Peninsula Area Plan Staked: N/A
Zoning Designation: Multiple
CE QA Action: Statutorily Exempt
DEPARTMENT: Health Environmental Health Bureau
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt an interim ordinance to extend Interim Urgency Ordinance No. 5160, as modified and extended
by Interim Ordinance No. 5163, for one additional year, until and through May 24, 2012, pending the
County's consideration of additional well regulations.
SUMMARY:
The conditions that led to the adoption of Interim Urgency Ordinance No. 5160 still exist. Pursuant to
Government Code 65858(a), after notice and public hearing and upon appropriate findings, the Board
may extend Interim Urgency Ordinance No. 5160 for one additional year. Staff recommends that the
Board adopt the proposed ordinance Attachment A), extending Interim Urgency Ordinance No. 5160
Exhibit 1 to Attachment A), as modified and extended by Ordinance No. 5163 Exhibit 2 to Attachment
A), to protect the public health, safety, and welfare, pending the development and consideration of
additional well regulations.
DISCUSSION:
On February 23, 2010, the Board of Supervisors directed staff to bring forth an interim ordinance for
consideration to limit temporarily the issuance of permits to construct water wells on small lots within
the unincorporated urbanized service area of the California American Water Company Monterey
District Main System, pending the development of additional well regulations. Pursuant to Government
Code section 65858, the Board adopted Interim Urgency Ordinance No. 5160 on May 25, 2010,
prohibiting for a 45-day period the acceptance, processing, and issuance of water well permits, with
limited exemptions, on parcels of less than 2.5 acres that are underlain by fractured rock in a defined
Study Area in order to protect the public health, safety and welfare. The Study Area is the California
American Water Company Monterey District Main System service area in the unincorporated area of
the County of Monterey, excluding the Carmel River Alluvial Aquifer and the Carmel Highlands Onsite
Wastewater Management Plan area. Under Government Code section 65858, the Board has authority to
extend the ordinance for 10 months and 15 days and extend it a second time for one additional year,
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SIGNED BOARD REPORT AND SUPPO1� %NWI
following noticed public hearing and subject to appropriate findings. On June 29, 2010, the Board
adopted Interim Ordinance No. 5163, which extended the ordinance the first time until and through May
24, 2011, with slight modifications. The second extension of the ordinance, until and through May 24,
2012, is now before the Board for its consideration.
The ordinance identifies the need for additional study and revision of the County's current well
regulations to address the threat to the public health, safety, and welfare that would be caused by the
construction of an unlimited number of wells on small lots in fractured rock in the Study Area. The
2010 General Plan, adopted since passage of the Interim Ordinance, also directs that regulations be
enacted for the installation of new domestic wells in any hard rock areas throughout non-coastal
Monterey County. Staff of the Environmental Health Bureau EHB) is in the process of studying and
developing these regulations for consideration by the Board. EHB is coordinating with staff of the
Monterey Peninsula Water Management District MPWMD) as they conduct a study of wells in the
Study Area. MPWMD supports the proposed ordinance extension and anticipates a report for public
review will be available in late June 2011 Attachment B). Subsequently, EHB will need sufficient time
to carefully analyze the findings of the study, draft the regulations, and conduct any appropriate
environmental review. Therefore, Environmental Health is recommending that the interim ordinance be
extended for one 1) additional year to allow for the careful review of study findings and the
development of potential regulatory revisions for presentation to the Board.
Adoption of this interim ordinance is statutorily exempt from the California Environmental Quality Act
CEQA) because extension of the interim urgency ordinance is to allow time for study and development
of additional well regulations and is necessary to prevent or mitigate a public health emergency per
CEQA Guidelines 15262 and 15269.
OTHER AGENCY INVOLVEMENT:
The Resource Management Agency Planning Department was consulted during development of the
proposed ordinance. County Counsel has approved the proposed ordinance as to form.
FINANCING:
There is no General Fund Contribution resulting from this Board action.
Prepared by: Approved by:
Richard LeWarne 755-4544 day Bullick 755-4526
Assistant Director of Environmental Health Director of Health
Date:
Date:
Attachment A Proposed Ordinance
Exhibit 1 to Attachment A- Ordinance No. 5160
Exhibit 2 to Attachment A- Ordinance No. 5163
Attachment B Letter of Support for Extension from MPWMD
cc: Lew Bauman, County Administrative Officer
Charles J. McKee, County Counsel
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SIGNED BOARD REPORT AND SUPPO1�Ordinance No: 5160
Exhibit 1
AN INTERIM URGENCY ORDINANCE OF THE COUNTY OF MONTEREY,
STATE OF CALIFORNIA, TEMPORARILY PROHIBITING THE
ACCEPTANCE AND PROCESSING OF WATER WELL APPLICATIONS AND
ISSUANCE OF WATER WELL PERMITS, WITH LIMITED EXCEPTIONS, ON
PARCELS LESS THAN 2.5 ACRES WITHIN A PORTION OF THE
CALIFORNIA AMERICAN WATER COMPANY-MONTEREY DISTRICT
MAIN SYSTEM SERVICE AREA WITHIN THE UNINCORPORATED
COUNTY, PENDING THE COUNTY'S CONSIDERATION OF ADDITIONAL
WELL REGULATIONS.
County Counsel Summary
This interim urgency ordinance, adopted pursuant to Government Code
Section 65858, takes effect immediately to protect the public safety, health, and
welfare by temporarily prohibiting the acceptance and processing of water well
applications and issuance of water well permits on parcels that are less than 2.5
acres and underlain by fractured rock within a defined Study Area. The Study
Area is the California American Water Company-Monterey District Main System
service area in the unincorporated area of the County of Monterey, excluding the
Carmel River Alluvial Aquifer and the Carmel Highlands Onsite Wastewater
Management Plan area. This ordinance exempts certain types of wells, including
emergency wells, replacement wells, well destructions, well repairs, and
conversion of existing test wells. The purpose of this ordinance is to temporarily
limit the number of wells in the defined Study Area pending the County's
consideration of revision of existing County well regulations to address the public
health, safety, and welfare impacts of well applications in the Study Area. Based
upon the threat to the public health, safety, and welfare of Monterey County
residents, this is an interim urgency ordinance requiring a four-fifths vote of the
Board of Supervisors for adoption. This interim urgency ordinance will expire 45
days after its adoption unless extended by subsequent action of the Board of
Supervisors.
The Board of Supervisors of the County of Monterey ordains as follows:
SECTION 1. FINDINGS AND DECLARATIONS
A. Pursuant to Article XI, section 7, of the California Constitution, the
County of Monterey County") may adopt and enforce ordinances and regulations to
protect and promote the public health, safety, and welfare of its citizens.
B. Monterey County's General Plan and certified Local Coastal Program
contain goals and policies to plan for the development and protection of water resources.
C. Pursuant to Section 13801 of the California Water Code, the County of
Monterey is required to adopt a well drilling and abandonment ordinance that contains
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SIGNED BOARD REPORT AND SUPPO1�standards that meet or exceed the standards contained in California Department of Water
Resources Well Bulletins 74-81 and 74-90. Chapter 15.08 of the Monterey County Code
fulfills this requirement.
D. Monterey County Code Chapter 15.08 provides standards for the-
construction, repair, and reconstruction of all wells to the end that the groundwater of this
County will not be polluted or contaminated and that water obtained from such wells will
be suitable for the purpose for which used and will not jeopardize the health, safety or
welfare of the people of Monterey County. Under Chapter 15.08, no person shall
construct, repair, reconstruct or destroy any well unless a written permit has first been
obtained from the Health Officer of the County or his or her authorized representative
including the Director of Environmental Health.
E. Title 20 Coastal Implementation Plan) of the Monterey County Code
requires discretionary development entitlements, typically a Coastal Administrative
Permit, for test wells and permanent production wells located on properties in the coastal
unincorporated area of the County. A ministerial permit to construct a well is also
required in both the inland and coastal areas of the County pursuant to Chapter 15.08 of
the County Code.
F. The existing well regulations are in need of study and revision because
they do not fully address specific health, safety, and welfare concerns that have arisen as
property owners propose wells on small undeveloped lots underlain by fractured rock.
The threat to the public health, safety, and welfare is particularly acute and in need of
urgent redress in the service area of the California American Water Company Cal Am")
Monterey District Main System because of the restrictions on new service connections
from Cal-Am. In 1995, the California State Water Resources Control Board found that
Cal-Am was diverting water from the Carmel River in excess of its water rights and
placed a cap on the amount of water Cal-Am may divert from the Carmel River until its
unlawful diversions were terminated. Order No. WR 95-10, dated July 6, 1995). As a
consequence, Cal-Am has been unable to serve some properties within its Monterey
District Main System service area, and property owners have turned to constructing wells
on their properties to obtain a water supply for development on their property without
waiting for a service connection from Cal-Am. In October 2009, the State Water
Resources Control Board issued a Cease and Desist Order Order WR 2009-0060)
CDO") requiring Cal-Am to implement various actions to terminate its unlawful
diversions from the Carmel River. Enforcement of the CDO could increase the number of
owners applying for wells as an alternative to waiting for a service connection from Cal-
Am. The sustainability of the underlying water supply and minimum adequate lot size for
onsite wells were not evaluated when these lots were created, and the health, safety, and
welfare impacts of wells on such lots need to be addressed before numerous fw ther wells
are constructed. I
G. In the absence of additional study and revision of the County's current
regulations, construction of an unlimited number of water supply wells on small lots
underlain by fractured rock in the densely populated unincorporated area within the Cal-
I
I
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SIGNED BOARD REPORT AND SUPPO1�Am Monterey District Main System service area poses a current and immediate threat to
the health, safety, and welfare due to the following factors:
1. Fractured Rock Formations. Except for the Carmel River Alluvial
Aquifer, the unincorporated area of the Cal-Am Monterey District
Main System is underlain by geological formations referred to as
fractured rock". Water production of wells drilled into fractured rock
may decline or fail, which has occurred throughout California as well
as in Monterey County. As a result of significant decline of water
production from wells constructed in fractured rock, the California
Department of Public Health developed a strict pumping protocol,
which has been codified, for wells constructed in fractured rock that
are the water source for water systems that are regulated by Title 22 of
the California Code of Regulations. Wells drilled into fractured rock
may decline or fail due to the following factors:
a. Limited storage capacity: In fractured hard rock formations, water
is stored in the fractures, and wells drilled into these fractures
typically only yield a small amount of water in comparison to
wells in alluvial material. The volume of water stored in fractured
hard rock near the surface is estimated to total less than 2 percent
of the rock volume. This percentage decreases with depth as
fractures become narrower and farther apart. The volume of water
stored in many alluvial soils is much greater and can amount to 10-
25 percent of the volume of the alluvium since water is stored in
the pore spaces between the grains.
b. Competition from other wells and cumulative impact of wells: The
continuing inability of Cal-Am to add new service connections
increases the likelihood of owners applying for wells within the
Cal-Am Monterey District Main System, resulting in the need to
analyze the cumulative impact of an increased number of wells in
an urbanized area with small lots underlain by fractured rock.
Neighboring wells can impact the production of each other and
prevent one or both from supplying an adequate quantity of
domestic water.
c. Variability of Fracturing: The variables that affect the potential
amount of water storage and extraction favorably or unfavorably)
in the rock fractures can change significantly for better or worse
from one location to another location in a short distance and are as
follows:
i. Aperture Width: The wider the aperture width, the more
potential water storage space. The smaller the aperture width,
the less potential for water storage;
ii. Density of Fractures: The higher the number of fractures in a
given area, the more potential for water storage space. The
lower the number of fractures in a given area, the lower
potential for water storage;
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SIGNED BOARD REPORT AND SUPPO1�iii. Fracture Interconnectivity: The higher the number of fractures
intersecting each other over a large area, the higher the
potential for recharge to the fractures and water storage space.
This also allows the well increased access to water storage
space for water extraction. The reverse is true if the
interconnectivity is low.
iv. Fracture Orientation: This variable refers to how steeply or
gently the fractures are dipping. The more gently the fractures
are dipping, the more opportunity for the well to intersect more
fractures which increases the potential amount of water
extraction. Wells intersect fewer fractures that dip steeply,
decreasing the potential for amount of water extraction.
v. Soil Cover: Soil cover provides additional water storage which
in turn helps to recharge the fractures. A deeper soil cover
provides more additional storage, whereas a thinner soil cover
provides less additional storage.
d. Changes in fracture patterns resulting from earthquakes: An
earthquake can change the interconnectivity or size of fractures
and therefore, increase or decrease the production of water from
these fractures.
2. Limited Recharge Area. The primary source of recharge of
groundwater in areas underlain by fractured rock in Monterey County
is precipitation. The recharge area for properties in densely populated
areas is less than on larger lots due to a greater percentage of
impervious coverage of the property and surrounding areas as a result
of development i.e., construction of structures, paving of streets and
driveways, etc.).
3. Drought. Precipitation is the primary source of recharge in Monterey
County for areas underlain by fractured rock such as the Study Area.
During multiple years of drought, the water production of wells
constructed in fractured rock can and have significantly declined or
failed in the County multiple drought years. Multiple drought years
increase the probability of significant water production decline or
failure when combined with the limited storage capability of fractured
rock as listed in item land the increased possibility of competition for
limited groundwater supplies among wells through interconnecting
fractures on small lots in an urbanized area.
4. Replacement Area. The ability to locate a well replacement area on
small lots becomes quite restricted to the point that no replacement
area is possible. If the well fails, which is more likely in fractured
rock, the lot needs enough area for a replacement well. In particular,
in the Cal-Am Monterey District Main System service area where new
service connections to Cal-Am may not be available, failure of a well
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SIGNED BOARD REPORT AND SUPPO1�and lack of a replacement site could leave a residence without an on-
site water supply. Given the vulnerability of wells in fractured rock
formations and the need to have an area for a replacement well for a
new domestic source, the minimum appropriate lot size on which a
well can be allowed without creating a health hazard needs to be
evaluated.
5. Impact on Neighbors. To protect the public health and prevent
contamination of groundwater, state law requires certain minimum
setbacks from wells to waste water disposal systems and from wells to
sewer laterals. If wells are drilled on small lots, the required setbacks
may extend onto neighboring parcels. The smaller the lot, the greater
the likelihood of setbacks crossing property lines. In permitting wells
in urbanized areas with small lots within the Cal-Am Monterey
District Main System service area, the County has received complaints
from adjacent parcel owners that the setbacks infringe upon their
property rights. Further study of possible regulations to address this
issue is needed.
6. Relationship of Wells to Wastewater Disposal: On lots smaller than
2.5 acres which rely on an onsite wastewater treatment system for
wastewater disposal, the construction and use of a well increases the
risk of groundwater contamination.
7. Impacts to urbanized area: Wells on small lots in a densely populated
urbanized area raises unique public health, safety and welfare impacts
related to the construction and operation of wells, requiring study of
possible regulations to address the following needs:
a. Ensure adequate area for access for the well drilling rig and
equipment for well construction activity and ongoing routine
maintenance to keep the well functioning properly e.g., pulling
and replacing a pump);
b. Ensure runoff resulting from required source capacity tests does
not impact neighboring parcels;
c. Ensure adequate area for the installation of a storage and pressure
tank system; and
d. Address hauling of water to supply the sanitary needs of the
residence in the event of well failure.
H. As a result of all of the above factors, limits on issuance of permits to
construct new wells are needed on lots of less than 2.5 acres in areas of fractured rock in
the Cal-Am Monterey District Main System service area within the unincorporated area
of the County to protect the public health, safety, and welfare pending study and
consideration of additional well regulations.
BIB]
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SIGNED BOARD REPORT AND SUPPO1�I. This ordinance contains certain exclusions. By its terms, this ordinance
applies to wells only within the Cal-Am Monterey District Main System where the
likelihood of property owners requesting wells on small lots in fractured rock is increased
because of present constraints on service by Cal-Am. Therefore, the ordinance is not
intended to apply to parcels greater than 2.5 acres or parcels within the Carmel River
Alluvial Aquifer within the Cal-Am Monterey District Main System. This ordinance also
is not intended to apply to properties subject to the Carmel Highlands Onsite Wastewater
Management Plan OWMP), adopted by the Board of Supervisors on December 15,
2009, because, per direction already given by the Board of Supervisors, staff is drafting
regulations to be considered by the Board separately to govern drilling of wells in the
area governed by the OWMP. Compliance with the OWMP and any new regulations
separately adopted by the Board will address the threat to public health, safety, and
welfare that has given rise to this ordinance.
J. It is also the intent of the County to exempt from this ordinance test wells
which have already been constructed prior to May 25, 2010, replacement wells,
emergency wells, well destruction, well repairs, and wells that have an active, unexpired
well construction permit prior to May 25, 2010. The intent of these limited exceptions is
to allow owners who have already constructed a well or already obtained a well
construction permit prior to May 25, 2010 to proceed, while limiting the cumulative
number of new wells in the affected area until the County is able to study and consider
regulations to address the issuance of future well permits in the areas affected by this
ordinance.
K. Nothing in this ordinance is intended to allow a well where a County plan,
policy or regulation already disallows a well.
L. Well applications that are exempt from this ordinance or not affected by
this ordinance shall continue to be subject to all County plans, policies, and regulations.
M. This Ordinance shall be of no further force and effect after 45 days, unless
the Board of Supervisors, following a noticed public hearing, elects to extend the
ordinance for up to two years pursuant to law.
SECTION 2. APPLICABILITY
This ordinance applies only to the Cal-Am Monterey District Main System service area
within the unincorporated area of the County, excluding properties within the Carmel
River Alluvial Aquifer and properties subject to the Carmel Highlands Onsite
Wastewater Management Plan. The area to which this ordinance applies, as described
above, is denoted as the Study Area" on the map attached hereto as Exhibit A and
incorporated herein by reference.
SECTION 3. DEFINITIONS.
For purposes of this Ordinance, the following terms have the definitions set forth below:
BIB]
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SIGNED BOARD REPORT AND SUPPO1 �A. Discretionary Development Entitlement. Discretionary Development
Entitlement" means any County action, permit, or approval pursuant to an application
for a permit for development as that term is defined under the Monterey County Code,
which requires the exercise of judgment, deliberation, or a decision, and which
contemplates the imposition of revisions or conditions by the County, including by any
board, commission, or department of the County and any official or employee of the
County, in the process of approving or disapproving any such application, as
distinguished from a County action, permit, or approval which merely requires the
County, including any board, commission, or department of the County and any official
or employee of the County, to determine whether there has been compliance with
applicable statutes, ordinances, regulations, or conditions of approval. For the purposes
of this Ordinance, the term discretionary development entitlement" shall include, but is
not limited to, conditional use permits, combined development permits, coastal
administrative permits, coastal development permits, special use permits, and
amendments of any of these permits.
B. Fractured Rock Formation. Fractured Rock Formation" means a
water-bearing formation primarily influenced by secondary porosity" e.g., water stored
in fractures, crack, etc) such as in fractured granitic rocks and shales rather than
primary porosity" e.g., water stored in pore spaces between the grains) such as in
alluvium, dune deposits, and terrace deposits.
C. Ministerial Permits. Ministerial Permit" means any County action,
permit, or approval which requires the County, including any board, commission, or
department of the County and any official or employee of the County, to determine
merely whether there has been compliance with applicable statutes, ordinances,
regulations, or conditions of approval.
D. Parcel. Parcel" means a legal lot of record.
E. Study Area. Study Area" means the Cal-Am Monterey District Main
System service area within the unincorporated area of the County, excluding properties
within the Carmel River Alluvial Aquifer and properties subject to the Carmel Highlands
Onsite Wastewater Management Plan, as denoted on the map attached hereto as Exhibit
A.
F. Well. Well" means an artificial excavation or structure put down by any
method such as digging, driving, boring, or drilling for the purposes of withdrawing
water from or injecting water into the underground or for determining the hydrologic
conditions at a site. For the purposes of this ordinance, the term well" includes test
wells, production wells, bore holes, heat exchange wells, monitoring wells, observation
wells, and cathodic protection wells. Well" or water well" does not include:
a. Oil and gas wells, or geothermal wells constructed under the jurisdiction
of the state Department of Conservation, except those wells converted to
use as water wells; or
BIB]
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SIGNED BOARD REPORT AND SUPPO1
�b. Wells used for the purpose of dewatering excavation during construction,
or stabilizing hillsides or earth embankments
SECTION 4. LIMITATIONS ON WELL PERMITS
During the term of this ordinance, unless exempt under Section 5 of this
ordinance, the County shall not approve any application for a discretionary development
entitlement or ministerial permit to construct a test well, to convert a test well into a
production well, or to construct a water well within the defined Study Area, nor shall the
County accept any applications for such permits or process applications on file with the
County for such permits. This prohibition applies only if the application is for a well on a
parcel meeting all of the following criteria:
1. The parcel is less than 2.5 acres in size; and
2. The parcel is located in the Study Area depicted on the map attached
hereto as Exhibit A.
SECTION 5. EXEMPTIONS
A. The following categories of well permit applications are exempt from the
limitations of this ordinance and may be accepted and processed in accordance with
County's plans, policies and regulations and the specifications set forth below:
1. Applications for a drinking water well for an existing permitted
water system.
2. Applications for an emergency well permit. An emergency means
a sudden loss or decrease in quality or quantity in a water supply
well which renders the well unable to meet the property's water
needs.
3. Applications for a cathodic protection well
4. Applications for a monitoring well.
5. Applications for repair, reconstruction, or destruction of existing
wells.
B. This ordinance does not prohibit owners who have an active, unexpired
well construction permit from the Monterey County Health Department prior to May 25,
2010 from proceeding to construct the well as authorized under the permit.
BIB]
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LI21329-U03
FO96183-U03
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AS99774-U03
AI101802-U03
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MARCELLAC-U04
16486-U05
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SIGNED BOARD REPORT AND SUPPO1
�C. This ordinance exempts applicants who have constructed an authorized
test well on a parcel in the coastal unincorporated area of the County prior to May 25,
2010. For such applicants, this ordinance does not prohibit the County from accepting
and processing applications for a discretionary development entitlement to convert the
test well to a production well, provided that the test well was already constructed prior to
May 25, 2010 in accordance with all permits issued by the County of Monterey.
D. Exemption from the terms of this ordinance does not guarantee approval
of any well applications. All well applications that are exempt from this ordinance or not
affected by this ordinance remain subject to all County plans, policies, and regulations.
SECTION 6. ENFORCEMENT.
In the event of a violation of this ordinance or any requirement imposed pursuant
to this ordinance, the County may in its discretion, in addition to all other remedies, take
such enforcement action as is authorized under the Monterey County Code and any other
action authorized by law.
SECTION 7. SEVERABILITY.
If any section, subsection, sentence, clause, or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining
portions of this ordinance. The Board of Supervisors hereby declares that it would have
passed this ordinance and each section, subsection, sentence, clause, and phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, or
phrases be declared invalid.
SECTION 8. ACTIONS HELD IN ABEYANCE.
Should any person, firm, or corporation violate the terms of this ordinance and
any 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.
SECTION 9. EFFECTIVE DATE.
In light of the recitals in this ordinance, the Board declares that this ordinance is
necessary as an urgency measure for preserving the public health, safety, and welfare.
This ordinance shall take effect immediately for the reasons set forth herein and shall
expire 45 days thereafter unless extended pursuant to law.
SECTION 10. NO TAKING OF PROPERTY INTENDED.
Nothing in this ordinance shall be interpreted to effect an unconstitutional taking
of property of any person. If the Board of Supervisors determines, based on specific
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SIGNED BOARD REPORT AND SUPPO1
�evidence in the administrative record, that the application of one or more of the
provisions of this ordinance to a proposed project would effect an unconstitutional taking
of private property, the Board shall disregard such provision or provisions to the extent
necessary to avoid such unconstitutional taking.
PASSED AND ADOPTED on this 25th day of May, 2010, upon motion of
Supervisor Potter seconded by Supervisor Parker by the
following vote, to-wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES:
ABSTAIN:
ABSENT:
Chair
Monterey County Board of Supervisors
ATTEST:
GAIL T. BORKOWSKI,
Clerk of the Board of Supervisors
By:
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SIGNED BOARD REPORT AND SUPPO1
�Exhibit A
Cal-Am Monterey District Main System
Incorporated/City Areas
Excluded Areas
Study Area Unincorporated Parcels in Cal-Am
Parcels
Highway
Major Road
Map Created on 05/11/2010 by Jenne Faulk
Monterey County Environmental Health Bureau
Cal-Am and Carmel River Alluvial Aquifer Data provided by Monterey Peninsula Water Management District. All other data provided by Monterey County IT.
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SIGNED BOARD REPORT AND SUPPO1�Exhibit 2
ORDINANCE NO. 5163
AN INTERIM ORDINANCE OF THE COUNTY OF MONTEREY, STATE OF
CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE 5160 THROUGH
MAY 24, 2011,-TEMPORARILY PROHIBITING THE ACCEPTANCE AND
PROCESSING OF WATER WELL APLLICATIONS AND ISSUANCE OF WATER
WELL PERMITS, WITH LIMITED EXCEPTIONS AS MODIFIED, ON PARCELS
LESS THAN 2.5 ACRES WITHIN A PORTION OF THE CALIFORNIA AMERICAN
WATER COMPANY-MONTEREY DISTRICT MAIN SYSTEM SERVICE AREA
WITHIN THE UNINCORPORATED COUNTY, PENDING THE COUNTY'S
CONSIDERATION OF ADDITIONAL WELL REGULATIONS
County Counsel Summary
This ordinance extends Interim Urgency Ordinance No. 5160, with
modified exemptions, for 10 months and 15 days, until and through May 24, 2011.
Adopted on May 25, 2010 pursuant to Government Code Section 65858, Interim
Urgency Ordinance No. 5160 prohibits, for a 45-day.perio4 the acceptance and
processing of water well applications and issuance of water well permits on
parcels that are less than 2,5 acres and underlain by fractured rock within a
defined Study Area The Study Area is the California American Water Company-
Monterey District Main System service area in the unincorporated area of the
County of Monterey, excluding the Carmel River Alluvial Aquifer and the Carmel
Highlands Onsite Wastewater Management Plan area. Interim Ordinance No.
5160 contains limited exemptions which are slightly modified and expanded by
this ordinance. Based upon the threat to public health and safety, this is an
urgency ordinance requiring a four; fhs vote of the Board of Supervisors for
adoption.
The Board of Supervisors of the County of Monterey ordains as follows:
SECTION 1. FINDINGS AND DECLARATIONS
A. On May 25, 2010, the Board of Supervisors adopted a 45-day interim urgency
ordinance, Interim Urgency Ordinance No. 5160 Ordinance"), pursuant to Government Code
section 65858. The Ordinance, with limited exemptions, temporarily prohibits the acceptance
and processing of water well applications and issuance of water well permits on parcels that are
less than 2.5 acres and underlain by fractured rock within a defined Study Area. The Study Area
Is the California American Water Company-Monterey District Main System service area in the
unincorporated area of the County of Monterey, excluding the Carmel River Alluvial Aquifer
I
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SIGNED BOARD REPORT AND SUPPO1�and the Carmel Highlands Onsite Wastewater Management Plan area. The Ordinance is attached
hereto as Exhibit 1 and incorporated herein by reference. Absent extension of the Ordinance, the
Ordinance will expire on July 9, 2010.
B. Pursuant to Government Code section 65858(a), the Board may extend the
Ordinance for 10 months and 15 days, following a noticed public hearing and finding that the
current. and immediate threat to the public health, safety, or welfare justifies extension of the
Ordinance. May 24, 2011 is 10 months and 15 days from July 9, 2010, the date the Ordinance
would expire absent extension.
C. On June 29, 2010, prior to the expiration of the Ordinance, the Board of
Supervisors held a duly noticed public hearing on the proposed extension. Although the
Ordinance does not expire until July 9, 2010, June 29 is the last regularly-scheduled Board
meeting prior to the date the Ordinance would have expired.
D. In enacting Interim Urgency Ordinance No. 5160, the Board made several
findings and declarations constituting the grounds upon which the Ordinance is based. Among
other findings, the Board found that, in the absence of additional study and revision of the
County's current regulations, construction of an unlimited number of water supply wells on
small lots underlain by fractured rock in the densely populated unincorporated area within the
California-American Water Company Monterey District Main System service area poses a
current and immediate threat to the public health, safety, and welfare
E. The Board of Supervisors' findings and declarations contained in Interim Urgency
Ordinance No. 5160 remain and continue to be true under the present circumstances and are
incorporated herein in their entirety by this reference. In light of said findings and declarations
and the findings and declarations contained herein, a current and immediate threat to the public
health, safety, and welfare continues to exist, necessitating the extension of Interim Urgency
Ordinance No. 5160.
F. The Ordinance contained limited exemptions in order to allow owners who have
already constructed an authorized test well or already obtained a well permit prior to the
adoption of the Ordinance to proceed, while limiting the cumulative number of new wells in the
Study Area pending the County's study and consideration of regulations to address the future
issuance of well permits. To provide an opportunity for applicants who had received
authorization for test wells but not drilled wells prior to May 25, 2010 and to permit the County
to take such steps are may be necessary or appropriate to enforce the terms of any permits for
any test well issued prior to May 25, 2010, the Board finds it necessary to amend the Ordinance
to modify the exemptions as provided herein. The modifications are consistent with the intent to
exempt well applicants who had processed well permit applications prior to the commencement
of the Ordinance while limiting the total number of new wells in the Study Area during the
period the Ordinance is in effect.
2
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SIGNED BOARD REPORT AND SUPPO1�G. On June 29, 2010, at least ten days before the expiration of Interim Urgency
Ordinance No. 5160, the Board of Supervisors issued a written report pursuant to Government
Code 65858(d) describing the measures the County of Monterey has taken and continues to take
in order to alleviate the conditions which led to the adoption of said Ordinance.
H. In light of the above findings and declarations, it is necessary to extend Interim
Urgency Ordinance No. 5160, as modified herein, until and through May 24, 2011.
SECTION 2. AMENDMENT TO REGULATIONS.
Subsection C of Section 5 Exemptions) of Interim Ordinance No. 5160 is amended to
read as follows:
C. This ordinance does not apply to applicants who have constructed an authorized
test well or received a discretionary development entitlement to construct a test well on a parcel
in the unincorporated area of the County within the Coastal Zone prior to May 25, 2010, and the
County is not prohibited from accepting and processing applications for a discretionary
development entitlement to convert such test wells to production wells, provided that the test
well was authorized prior to May 25, 2010 or constructed prior to May 25, 2010 in accordance
with the terms of any permits issued by the County of Monterey. If a test well was constructed
prior to May 25, 2010 not in accordance with the terms of any County discretionary development
entitlements, the County is permitted to take such steps as may be necessary or appropriate to
enforce the terms of such permits, including but not limited to the processing and issuance of
such discretionary development entitlements and/or ministerial permits as may be needed.
SECTION 3. EXTENSION.
Based on all of the foregoing findings and declarations, the Board of Supervisors hereby
extends Interim Urgency Ordinance No. 5160, as amended by Section 2 above, until and through
May 24, 2011.
SECTION 4. EFFECTIVE DATE.
Pursuant to the findings and declarations set forth in this ordinance and set forth in
Interim Urgency Ordinance No. 5160 and incorporated herein by reference, the Board declares
that this ordinance extending the Interim Urgency Ordinance No. 5160 is necessary for the
protection of public health, safety, and welfare, and shall take effect immediately. Interim
Urgency Ordinance No. 5160, as extended and modified by this ordinance, shall be of no further
force and effect upon its expiration pursuant to Section 3, unless extended pursuant to law.
3
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SIGNED BOARD REPORT AND SUPPO1�PASSED AND ADOPTED this 2 9 day of June 2010, by the following vote:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker
NOES:
ABSENT: Supervisor Potter,
ATTEST:
iron Salinas
Chair, Monterey County Board of Supervisors
GAIL T. BORKOWSKI
Clerk of thel~nQ~ Board of Supervisors
B /~ y C /I2/CVCK__
Deputy
4
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SIGNED BOARD REPORT AND SUPPO1�MONTEREY PENINSULA A4 WV T E R
MANAGEMENT DISTRICT
May 4, 2011
John Ramirez, Director
Monterey County Health Department
1270 Natividad Street
Salinas, CA 93906
Attachment B
Subject: Support for Extension on County Ordinance No. 5160 Temporary
Moratorium on Fractured Rock Wells within the Monterey Peninsula Water
Management District
Dear Mr. Ramirez:
The Monterey Peninsula Water Management District MPWMD or District) has worked closely
with the Environmental Health Division of the Monterey County Health Department MCHD)
regarding coordinated regulation- of water wells, particularly wells located in fractured rock
formations. In 2010, the District supported Monterey County Ordinance No. 5160 as it allows
continued investigation of the effects on public health, safety, and welfare of fractured rock well
applications within the ordinance area. The'moratorium affects new wells on lots smaller than
2.5 acres in the California American Water Cal-Am) service area for its main water distribution
system in the unincorporated areas of the Monterey Peninsula. Iii fall 2010, the District passed
its own Ordinance No. 145, which amended regulation of fractured rock wells as part of the
MPWMD Water Distribution System WDS) permit process.
The District staff supports the continuation of the temporary moratorium for one year, as this
time frame will allow completion of a comprehensive MPWMD study of hundreds of fractured
rock wells within the District; review of the study results, and discussions about the regulatory
ramifications of the study conclusions. For reference, a brief task list for the study is enclosed
A report available for public review is anticipated in late June 2011. Presentations tailored for
technical staff and the general public will follow.
The District is confident that the study conclusions will be helpful to MCHD and the Board of
Supervisors in making science-based decisions regarding wells in the future. The District is
excited about the powerful GIS technology that is used to evaluate extensive data from hundreds
of wells, and looks forward to sharing this information with the County.
A reliable water supply is even more essential for those property owners who wish to pursue
individual wells on lots in fractured bedrock settings due to lack of access to Cal-Am supply,
State Water Resources Control Board SWRCB) Order 95-10 and Cease and Desist Order Order
2009-0060),. along with the moratorium on new and intensified Cal-Am connections recently
approved by the California Public Utilities Commission CPUC) in March 2011. If a well fails
to meet. potable water needs, the owner will not have access to Cal-Am water as a back-up
5 Harris Court, Building G, Monterey, CA 93940 P.O. Box 85, Monterey, CA 93942-0085
831-658-5600. Fax.831-644-9560 http://www.mpwmd.dst.ca.us
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SIGNED BOARD REPORT AND SUPPO1�John Ramirez
May 4, 2011
Page 2 of 2
supply, and would need trucked-in water, similar to the Granite Ridge situation. The District
shares MCHD's intent that the Granite Ridge situation not be repeated on the Monterey
Peninsula.
Thank you for your consideration of this letter. I can be reached at 831/658-5651 or
darbX(@mvwmd.net if you have questions. The technical staff contact regarding the study is
Jonathan Lear, Senior Hydrogeologist, at 831/658-5647 or.jlear pwmd.net.
Sincerely,
Enclosure: task list for MPWMD well study
Cc: Joe Oliver, WRD Manager
Jonathan Lear, Senior Hydrogeologist
Henrietta Stern, Project Manager
Richard LeWarne, MCHD Asst. Director
Dave Potter, Monterey County Supervisor
UAHemi\wplcega1201 lWDS2011\MCHD_SuppoitEiXteudMor4tozImn 20110503.docx
Prepared by H Stem, revised $14/11 per DF review
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SIGNED BOARD REPORT AND SUPPO1�MPWMD BOARD MEETINSEPT 20,201 0--EXHIBIT 14A--COST ESTIMATE FO... Page 1 of 1
E JCLOSo P,C, I
Hutnak Hydrologic Consultant Services Cost Estimate
Task Task Hours Rate $1hr) Cost
1 Assemble data sets from Monterey County
MPWMD, DWR, and USGS. 30 50 $1,500
2 Compile comprehensive database of well logs. 40 50 $2,000
3 Populate database with lithology, pump test,
water level, and water chemistry. 180 80 $9,000
4 Compile water production volumes for wells
study area. 50 50 $2,500
Create geographic database with well locations. 30 50 $1,500
Perform geostastical analysis of well pump data
to Identify hot spots" where low scoring wells
exist. 50 50 $2,500
6 Identify possible monitoring locations in or near
hot spots." 40 50 $2,000
7 Map outcrops and compile geologic data for areas
with low scoring drawdown ratios. 40 50 $2,000
8 Design monitoring network for fractured rock 50 50 $2,500
9 Compose letter report summarizing findings and
implimentatlon of monitoring network. 20 50 $1,000
530 $26,500
I
http://www.mpwmd.dst.ca.uslasdlboard/bo4rdpacketl2010/20100920/141iteml4 exhl4a.htm 513/2011
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