ITEM:		PUBLIC HEARINGS
13.	CONSIDER REQUEST FOR VARIANCE FROM WATER METER REQUIREMENTS (DISTRICT RULE 23-A) – GLC FOOTHILL MONTEREY LLC, 560 & 570 MUNRAS AVENUE, MONTEREY (A.P.N. 001-581-018)
Meeting Date:			April 16, 2007	Budgeted:	N/A
From:			David A. Berger,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Pintar	Cost Estimate:	N/A
General Counsel Approval: This report has been reviewed by Counsel.
Committee Recommendation: N/A
CEQA Compliance: MPWMD is a responsible agency.  City of Monterey, the lead agency, approved the GLC Foothill Monterey project with a Mitigated Negative Declaration.

SUMMARY: GLC Foothill Monterey, LLC is requesting Board approval of a variance of District Rule 23 to allow a single California American Water connection to supply water to a non-residential use project at 560 & 570 Munras Avenue, Monterey. The project is two buildings consisting of 3,662 square-feet of retail use at 560 Munras Avenue and 21,665 square-feet of retail use at 570 Munras Avenue, Monterey. The initial project is expected to have nine tenants that will be designated for retail. The number of tenants may change (increase or decrease) throughout the life of the project. The applicant asserts there are special circumstances which merit consideration of a variance to the District’s California American Water metering requirement for this project. According to the applicant, the requirement to install individual water meters at the street for this project would substantially increase the project costs and would result on a loss of limited parking in the downtown area, creating a hardship which could jeopardize the project. The applicant agrees to install electronically monitored in-line water meters to track individual tenant’s water use, thereby not defeating the purpose of the metering regulation. The applicant has also agreed to provide access to the meter readings to the District. GLC Foothill Monterey’s variance application is provided as (Exhibit 13-A).

District Rule 23-A-1-i (Exhibit 13-B) requires that each water user have a separate water meter. District staff’s interpretation of this rule requires installation of a water meter owned by the California American Water Company for each new user within their service area. A “user” is defined as a customer or consumer of water, and includes each residence and every non-residential enterprise that has water uses. 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”.

District Rule 23-A-1-i, requiring individual water meters, was adopted to encourage conservation by making each water user accountable for their consumption. Individual water meters also facilitate compliance with water use reductions during rationing periods. GLC Foothill Monterey has indicated its willingness to install in-line water meters for each user and to allow District access to the consumption records. The proposed action to sub-meter the units supports the District’s goals. The City of Monterey’s Community Development Department supports the applicant’s request for the use of a master California American Water meter for the project. The letter of support is attached as (Exhibit 13-C).

The District is a responsible agency under the California Environmental Quality Act (CEQA) (§15096 of the CEQA Guidelines). As such, the District must consider the Initial Study and Mitigated Negative Declaration prepared by the lead agency (City of Monterey) (Exhibit 13-D), 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. Water to serve this project is available from the Water Use Credits (4.3 AFA) from the former supermarket use. It is the District’s understanding that the project will not require additional water from the City of Monterey’s allocation as stated in the Mitigated Negative Declaration.

RECOMMENDATION: Staff recommends the Board approve the variance with the following conditions:

1. The applicant shall install two water meters: One for exterior uses and one for interior uses.

2. The applicant shall install and maintain in-line meters for each tenant.

3. The applicant shall provide access to water consumption records to the District upon request.

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

Staff recommends the Board adopt the Findings of Approval attached as (Exhibit 13-E).

Finally, staff recommends the Board consider and approve the attached Negative Declaration (Exhibit 13-F). Prior to taking action, the Board should review the Negative Declaration prepared by the City of Monterey Planning Division and adopted on September 12, 2006 by the City of Monterey Planning Commission. The Board should find that the Negative Declaration is adequate and that there are no mitigations within the jurisdiction of the Monterey Peninsula Water Management District. Upon approval of the Negative Declaration (Exhibit 13-F), staff should be directed to file a Notice of Determination with the County Recorder.

BACKGROUND: There have been seven similar situations where the District Board has granted variances to allow in-line water meters: (1) the use of one meter for each building was authorized by the Board for the Pacific Meadows senior housing complex in Carmel Valley; (2) individual in-line meters have been used at the Naval Postgraduate School for new buildings on the main campus; (3) Santa Catalina School received a variance from the separate water meter requirement for new dormitory/faculty apartments with the condition that the school install in-line meters to monitor water use; (4) the City of Monterey received a variance from the separate water meter requirement for the Osio Plaza low to moderate-income housing units; (5) South County Housing Corporation received approval of a variance to allow a single California American Water connection to supply water to 49 low-income senior housing units; (6) PRI, LLC received a variance to allow a single California American Water connection to supply water to 18 affordable housing units; (7) Design Center, LLC received approval of a variance to allow a single California American Water connection to supply water to a mixed-use (i.e. commercial and residential) project.

EXHIBITS

13-A Variance Application and Letter from Applicant

13-B District Rule 23-A

13-C Letter from City of Monterey

13-D Initial Study and Mitigated Negative Declaration

13-E Findings of Approval

13-F Proposed Negative Declaration

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