§ 13.15.070. Processing of groundwater permit applications.

The following procedures and standards shall govern the review and disposition of applications requiring groundwater permits other than groundwater permits issued pursuant to subsection (C) of Section 13.15.030:

A.

The director shall review an applicant's groundwater declaration submitted under this chapter for compliance with the requirements of this chapter and any other applicable provisions of law.

B.

Following the director's determination that the groundwater declaration complies with Section 13.15.060, the director shall furnish a copy of the applicant's declaration to the director of the department of public works to obtain the written comments of that department on the application. The director of public works shall instruct the applicant to perform any required phase II or III water availability analysis required by the written procedures established by the department of public works. The department of public works, in assessing any required phase II or phase III analysis, shall take into consideration the potential changes in static water levels of neighboring wells prior to submitting its comments. The director of public works shall submit its comments in the form of a written appraisal of the application to the director. That appraisal shall assess the potential for significant negative impacts on the affected groundwater table, and assess potential adverse effects on reasonable and beneficial uses of groundwater, interference with surface water flows, or other adverse changes to the physical environment. The director shall review the application and the written comments and appraisal from the director of public works for the purposes of conducting the required environmental review.

C.

The director shall consider approving a groundwater permit only after reviewing the declaration, the environmental determination, and any written comments received regarding the application, including the written appraisal of the department of public works. After that review, the director shall only approve a groundwater permit after making any necessary environmental determination and concluding, based on substantial evidence in the record, that the new water system, improvement or addition would not significantly affect the impacted groundwater basin in Napa County. In making this determination, the director shall consider, but is not limited to, the following factors: impact on the affected groundwater table; adverse effects on the reasonable and beneficial uses of groundwater; implementation of Best Management Practices; or other adverse changes to the physical environment.

D.

In approving a groundwater permit, the director may impose reasonable conditions on the permittee as needed to satisfy the requirements of this chapter, minimize groundwater use and to protect the public health, safety and welfare including but not limited to requiring implementation of Best Management Practices, plumbing retrofits, installation of meters, monitoring and reporting, limits on groundwater consumption, and requirements that groundwater consumption be reduced in the future if the basin develops an overdraft condition. Additionally, any groundwater permit granted to a public agency, or granted to a person or persons who, subsequent to the issuance of the groundwater permit, intends to transfer some or all of the groundwater extracted pursuant to the permit to a public agency for use by a public agency, shall be valid for a maximum of three years. The grant of a permit subject to this three-year limitation shall include conditions relating to the termination and renewal of the permit; provided, however, that such conditions shall include, at a minimum, a condition that the permit may be renewed only upon the approving authority's finding that the renewal would not cause significant adverse effects on the affected groundwater basin or the surrounding agricultural operations.

E.

If the director determines after review that the applicant's groundwater declaration satisfies the groundwater permitting requirements of this chapter, and any other applicable provisions of law, the director shall issue a tentative decision setting forth the conclusions reached in making the determination, and approving or conditionally approving a groundwater permit. If the director determines the application and groundwater declaration do not meet the permitting requirements of this chapter, or any other applicable provisions of law, the director shall issue a tentative decision denying the groundwater permit and setting forth the reasons therefore. Any tentative decision will be issued within thirty days of the date comments are received from the director of public works.

F.

Within seven calendar days of the issuance of the tentative decision, the director shall give notice of its issuance, including the date on which a tentative decision will become final if a written request for a public hearing is not requested, which date shall be not less than ten calendar days following the date notice of the tentative decision is mailed. The notice shall be given by all of the following means:

1.

Notice shall be personally delivered or placed in the mail to the applicant seeking approval of a groundwater permit under this chapter.

2.

Notice shall be placed in the mail to each public entity with jurisdiction over any portion of the groundwater basin in which the proposed extraction would be expected to occur.

3.

Notice shall be personally delivered or placed in the mail to the owners of all real property, including businesses, corporations, or other public or private entities, as shown on the latest equalized assessment roll, within three hundred feet of the outer perimeter of the properties that will utilize the extracted groundwater. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector may be used if they contain information more recent than the assessment roll.

4.

Notice shall be mailed to any person who has filed a written request therefor with the director. Such requests may be submitted at any time during the calendar year and shall apply for the balance of such calendar year.

G.

The tentative decision shall become final once the period identified in the notice during which a public hearing may be requested has expired without such written request for a public hearing having been received.

H.

If a public hearing is requested in a timely manner, the tentative decision shall be a nullity, in which case the director shall set the hearing date and personally deliver or mail a notice of the time, place and date of the hearing, in the same manner and to the same persons as the notice of the tentative decision was mailed or delivered. This notice shall be mailed not less than ten and not more than thirty calendar days prior to the date of the hearing. Any required hearing shall be de novo and shall commence within ninety days of receipt of a request for a hearing.

I.

The director shall conduct the public hearing. Any member of the public may attend and present oral testimony, written or other evidence, or both. The proceedings shall be electronically recorded and the tapes thereof retained in the director's custody for three years after the hearing except during such time as they may be undergoing transcription for preparation of the record on appeal.

J.

Within five calendar days following the conclusion of the public hearing, the director shall issue a final decision approving, conditionally approving, or denying the request to issue a groundwater permit. The director shall give notice of the final decision to all persons who appeared and presented testimony at the hearing.

K.

Final determinations of the director (or on appeal, the Board of Supervisors) are discretionary for purposes of the California Environmental Quality Act (Pub. Res. Code, Section 21000, et seq.) except that determinations of exemption pursuant to subsection (A) of Section 13.15.030 or the issuance of a groundwater permit pursuant to subsection (C) of Section 13.15.030 are deemed ministerial acts and are exempt from the California Environmental Quality Act.

(Ord. 1294 § 1 (part), 2007: Ord. 1230 § 3, 2003)

(Ord. No. 1374, § 24, 9-11-2012)