EXHIBIT 10-C

 

DRAFT

FINDINGS OF APPROVAL

CONSIDER REQUEST FOR VARIANCE FROM DISTRICT RULE 23-A

REQUIRING INDIVIDUAL USER WATER METERS

410 ALVARADO STREET, MONTEREY

 

NOVEMBER 15, 2004

 

1.     FINDING:          PRI, LLC., as co-owner of an affordable housing project for the City of Monterey, is requesting Board approval of a variance to allow a single water connection to provide service to 18 affordable housing units at 410 Alvarado Street, Monterey.

 

EVIDENCE:       Application for Variance attached as Exhibit 10-A.

 

2.     FINDING:          District Rule 23-A does not allow staff to issue a water permit "which results in the installation of a new water meter which shall serve water to one or more users."

 

EVIDENCE:       District Rule 23-A(3):

 

"In the absence of special circumstances or undue hardship, the District shall not issue an expansion/extension permit which results in the installation of a new water meter which shall serve water to more than one user.  Multiple users shall apply for separate permits pursuant to this rule..."

 

3.     FINDING:          The 18 proposed affordable housing units are considered to be individual users, requiring separate water meters.

 

EVIDENCE:       The District Rules and Regulations definition of "User": “User” means a customer or consumer of water delivered by a water distribution system.  User does not include any owner or operator of a water distribution system.  Each residence, commercial enterprise, or industrial enterprise shall be deemed a separate and distinct user, except that a user may extend incidental water use (e.g. a single bar sink) to another for convenience." [Rule 11].

 

4.     FINDING:          District Rule 23-A (3) allows for a variance to the metering requirement when there are special circumstances or undue hardship.

 

EVIDENCE:       District Rule 23-A (3) cited in Finding #2 specifies these exceptions to the rule.

 

5.     FINDING:          Installing individual water meters for each unit increases the project construction costs, potentially making the project unaffordable to low-moderate income tenants.

 

EVIDENCE:       Application for Variance attached as Exhibit 10-A.

 

6.     FINDING:          Individual water meters would make it almost impossible to run separate service piping in a downtown site with limited sidewalk space.

 

EVIDENCE:       Application for Variance attached as Exhibit 10-A.

 

7.     FINDING:          The project will be built with in-line meters installed to monitor water use in each apartment, providing a method for individual accountability of water use and encouraging conservation.

 

EVIDENCE:       Application for Variance attached as Exhibit 10-A. 

 

8.     FINDING:          There have been five similar circumstances where variances were granted allowing in-line meters:  The Pacific Meadows senior housing project in Carmel Valley, the new educational and public works buildings at the Naval Postgraduate School, a new dorm with faculty apartments at Santa Catalina School, a 30 low to moderate housing units in the City of Monterey (granted in 1997), and a 49 low-income senior housing units in Monterey (granted in 2002).

 

EVIDENCE:       Records of variance proceedings on file in District office.

 

9.     FINDING:          The commercial portion of the project will have separate water meters for each user in compliance with Rule 23-A (3).

 

EVIDENCE:       Application for Variance attached as Exhibit 10-A.

 

10.   FINDING:          Granting a variance from the separate water meter requirement for the affordable housing project will not defeat the intent of Rule 23-A, which is to encourage individual accountability for water use.  Granting this variance will not compromise water conservation at the City of Monterey site.

 

EVIDENCE:       PRI, LLC will promote individual accountability for water use at 410 Alvarado Street, Monterey, by installing and monitoring in-line meters to each unit and billing the tenants for their use.

 

 

11.   FINDING:          PRI, LLC will agree to permanently allowing access to water consumption records as a condition of approval.

 

EVIDENCE:       PRI, LLC will promote individual accountability for water use at 410 Alvarado Street, Monterey, by installing and monitoring in-line meters to each unit and billing the tenants for their use.

 

12.   FINDING:          In granting this variance to District Rule 23-A (3), the applicant agrees to the following conditions:

 

1.      The applicant shall implement the variance by commencing construction of the project within one year of the date of approval.

2.      The applicant shall install in-line meters to each residential unit in the project.  The meters shall be read monthly.

3.      Each commercial use on the site that meets the District’s definition of “user” shall have a separate Cal-Am water meter installed pursuant to District Rule 23-A (3).

4.      The applicant shall agree to provide the District access to all water consumption records for the site for the life of the project and shall allow the District to record a document on the title of the property that authorizes the District to obtain the water consumption information from the current and any future owner or tenant.

 

EVIDENCE:       Action taken by the District’s Board of Directors during a public hearing on this variance request on November 15, 2004.

 

 

 

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