EXHIBIT 14-E

 

DRAFT

FINDINGS OF APPROVAL

CONSIDER REQUEST FOR VARIANCE FROM WATER METER REQUIREMENTS (DISTRICT RULE 23-A) – DESIGN CENTER, LLC, 600 ORTIZ AVENUE, SAND CITY (A.P.N. 011-236-026)

 

FEBRUARY 22, 2007

 

1.          FINDING:          Design Center, LLC., is requesting a variance to allow a single water connection to provide service to a mixed use (i.e. non-residential and residential uses) at 600 Ortiz Avenue (formerly 625 Elder Avenue), Sand City.

 

EVIDENCE:       Application for Variance attached as Exhibit 14-A.

 

2.          FINDING:          The project consists of 27,457 square-feet of retail/office uses, 1,627 square-feet of deli use, and 31 residential units, 10 of which are designated affordable housing.

 

EVIDENCE:       Application for Variance attached as Exhibit 14-A and Water Release Form and Water Permit Application and final construction plans on file at the District office.

 

3.          FINDING:          A variance from the District’s individual water meter requirement is requested due to hardship.  The design of the building and the cost to individually meter the water users within the building with street-side meters would substantially increase project costs, creating a hardship which could jeopardize the project.

 

EVIDENCE:       Application for Variance attached as Exhibit 14-A.

 

4.          FINDING:          District Rule 23-A-1-i (Exhibit 14-B) requires that each water user have a separate water meter.  The 31 residential units and the non-residential use require separate water meters.

 

EVIDENCE:       The District Rules and Regulations (Rule 11) definition of "User":

 

A 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."

 

5.          FINDING:          The project qualifies for a variance as the applicant has demonstrated that special circumstances exist, practical difficulties or unnecessary hardship exist, and granting a variance for in-line water meters in place of street-side water meters would not defeat the purposes of the Rules and Regulations.

 

EVIDENCE:       Application for Variance attached as Exhibit 14-A.

 

6.          FINDING:          District Rule 90 allows a variance from District rules when certain criteria can be demonstrated to exist.

 

EVIDENCE:       District Rule 90, Variance, states that “the Board may, after holding a public hearing, in specific cases, grant a variance from any provision of the standards incorporated in these Rules and Regulations whenever it finds:  (a) that special circumstances exist in a particular case, and (b) that practical difficulties or unnecessary hardship would result from the strict interpretation and enforcement of any such standards, and (c) that the granting of such a variance would not tend to defeat the purposes of these Rules and Regulation.

 

7.          FINDING:          The applicant has agreed to install and maintain in-line water meters that can track the water consumption of the individual water users, providing a method for individual accountability of water use and encouraging conservation.

 

EVIDENCE:       Application for Variance attached as Exhibit 14-A.

 

8.          FINDING:          There have been six similar circumstances where variances were granted for in-line meters:  The Pacific Meadows senior housing project in Carmel Valley, and new educational and public works buildings at the Naval Postgraduate School, and a new dorm with faculty apartments at Santa Catalina School, a 30 low to moderate housing units in the City of Monterey, a 49 low-income senior housing units in Pacific Grove, and a 18 affordable housing units project in Monterey.

 

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

 

9.          FINDING:          The City of Sand City supports the applicant’s variance request

 

EVIDENCE:       Correspondence from the City of Sand City attached as Exhibit 14-C.

 

10.      FINDING:          The following Conditions of Approval for the variance will ensure that granting this variance will not defeat the intent of the District’s Rule 23 metering requirement:

 

                                    The applicant shall install two California American Water meters:  One for exterior uses and one for interior uses. 

 

1.      The applicant shall install and maintain in-line water meters for each tenant/occupant.

2.      The applicant shall provide access to water consumption records to the District. 

3.      Deed restrictions explaining the conditions shall be recorded on the title of the property.

 

EVIDENCE:       Action by the Board of Directors at the public hearing on February 22, 2007.

 

11.      FINDING:          The District is a responsible agency under CEQA (California Environmental Quality Act) and must consider the Initial Study and Negative Declaration prepared by the lead agency.

 

EVIDENCE:       Section 15096 of the CEQA guidelines.

 

12.      FINDING:          The District is a responsible agency under CEQA (California Environmental Quality Act) and must consider the Initial Study and Negative Declaration prepared by the lead agency and then reach its own conclusions on whether and how to approve the project involved.  In making this determination, the District (as the responsible agency) must mitigate or avoid only the direct or indirect environmental effects that relate to any matters within its jurisdiction.

 

EVIDENCE:       Section 15096 of the CEQA guidelines.

 

13.      FINDING:          The Board finds that the Negative Declaration prepared by the City of Sand City is adequate and that there are no mitigations within the jurisdiction of the Monterey Peninsula Water Management District.

 

EVIDENCE:       Negative Declaration adopted by MPWMD Board of Directors on February 22, 2007.

 

 

 

U:\staff\word\boardpacket\2007\2007boardpackets\20070222\PublicHrgs\14\item14_exh14e.doc