10. Assignment of Proceeding
Susan P. Kennedy is the Assigned Commissioner, and Dean J. Evans is the assigned Administrative Law Judge in this proceeding.
1. Notice of this application appeared in the Commission's Daily Calendar of November 28, 2001.
2. Applicant's service area would include about 675 acres of golf course and subdivided land near the Town of Windsor in Sonoma County.
3. Applicant's sewer system will provide a maximum of about 22,500 gallons per day of recycled water that will be used to irrigate a large portion of the golf course.
4. The County completed the environmental review of the sewer system and the golf course and subdivision within the service area.
5. Applicant is contributing the cost of the plant necessary for the operation of the sewer system and resulting recycled water.
6. No other sewer service provider is willing to provide sewer service to Mayacama.
7. The 2003 average annual sewer bill for one of the 31 cottages or single-family residences will be $1,300.20; for one of the 50 short-term casitas, it is $591.
8. Applicant has sufficient financial resources to operate the utility.
9. The County is the Lead Agency for the proposed project pursuant to CEQA.
10. The County prepared an EIR and subsequent MND which found that the proposed project, the mitigation measures applicable to the project, and the mitigation monitoring protocols, eliminate and/or reduce the potential environmental impacts to a less than significant level.
11. The Board certified the Meadow EIR on December 20, 1994, pursuant to Board Resolution No. 94-1823.
12. The adequacy of the Meadow EIR was affirmed by both the Superior Court and the District Court of Appeal; the Board certification of the Shiloh Meadow EIR stands and was re-affirmed by the Board in Board Resolution No. 98-1123 on August 25, 1998. The Board adopted MND, mitigation measures, and mitigation monitoring program on October 19, 1999, pursuant to Board Resolution No. 99-1374.
13. Subsequent revisions to the Shiloh Meadow Project improved the environmental sensitivity of the project. The revisions included 280 mitigation measures and conditions developed in connection with the approval of the original Shiloh Meadow Project, additional mitigation measures developed by the County pursuant to the MND, and mitigation monitoring and compliance requirements designed to yield no unmitigated significant environmental effects of the project.
14. The proposed project will meet all of the stated project objectives.
15. The Final EIR found that no significant impacts will occur with respect to Agricultural Resources; Mineral Resources; and Recreational Resources. The project will result in significant environmental effects with respect to the following issues or resources that can be reduced to less than significant levels and/or avoided with the implementation of mitigation measures: Aesthetics and Visual Resources; Air Quality; Biological Resources; Cultural Resources; Geology and Soils; Hazards and Hazardous materials; Hydrology and Water Quality; Land Use and Planning; Noise; Population and Housing; Public Facilities and Services; Transportation and Circulation (Traffic); and Utilities and Service Systems.
16. The sewer and recycled water system are operable and are professionally managed.
17. Applicant's utility operations are financially viable.
18. Rates proposed by the Water Division will cover operating expenses and will provide an operating margin of 20%.
1. The Shiloh Meadow Project EIR and subsequent MND were prepared pursuant to CEQA and are adequate for this Commission's decision making purposes as a Responsible Agency for the project under CEQA.
2. The Commission has considered the Shiloh Meadow Project EIR and subsequent MND in its decision making process in accordance with CEQA Guidelines Section 15986(f).
3. Pursuant to Section 15096(g)(1) of the CEQA Guidelines, the Commission should adopt, as conditions of project approval, the mitigation measures identified in the Shiloh Meadow Project EIR and subsequent MND.
4. Mayacama has the financial resources to operate this sewer and recycled water system.
5. Water Division's proposed rates and summaries of earnings should be adopted.
6. Applicant should file tariff sheets with the Water Division pursuant to General Order 96-A. The tariff sheets should contain tariff rules, a service area map, and applicable sewer rates consistent with the discussion in the foregoing opinion.
7. This is a ratesetting proceeding in which no evidentiary hearing is needed.
8. Today's Order should be made effective immediately.
IT IS ORDERED that:
1. Mayacama Golf Club, LLC (Applicant) is granted a certificate of public convenience and necessity to construct and operate a public utility sewer system in Sonoma County in an area located between the City of Santa Rosa and the Town of Windsor.
2. The mitigation measures outlined in the Shiloh Meadow project Environmental Impact Report and subsequent Mitigated Negative Declaration and adopted by the Sonoma County Board of Supervisors are hereby made conditions of project approval.
3. Applicant shall file within 30 days of the effective date of this order the applicable sewer rates, together with tariff rules and service area map acceptable to the Water Division of the Commission and in accordance with the requirements of General Order 96-A. Such rates, tariff rules and service area map shall become effective on five day's notice to the Commission and to the public after filing as provided herein.
4. The authority granted herein shall terminate if not exercised on or before 12 months from the effective date of this order.
5. This proceeding is closed.
This order is effective today.
Dated August 21, 2003, at San Francisco, California.
MICHAEL R. PEEVEY
President
CARL W. WOOD
LORETTA M. LYNCH
GEOFFREY F. BROWN
SUSAN P. KENNEDY
Commissioners
