EXHIBIT 13-C
DRAFT
FINDINGS OF APPROVAL
CONSIDER REQUEST FOR VARIANCE FOR
RAINWATER SYSTEM IN MIXED USE BUILDING AT 537 ANTHONY STREET, MONTEREY, APN
001-712-010, APPLICANT: MONTEREY DESIGN COLLECTIVE, LLC
1. FINDING: The Monterey
Design Collective (applicant) has requested Board approval of a variance to
allow credit for a rainwater reuse system to offset an
projected increase in use at 537 Anthony St, Monterey.
EVIDENCE: Application
for Variance attached as Exhibit 13-A.
2. FINDING: District Rule 25, Table 4: High Efficiency Appliance Credits provides
a Water Credit to Multi-Family projects that utilize a rainwater/Graywater reuse
system to flush toilets and wash clothes. Single Dwelling Units were not
included in the credit.
EVIDENCE: Rule
25.5, Table 4: High Efficiency Appliance
Credits attached as Exhibit 13-B.
3. FINDING: Rule 25-F-4-d
allows Non-Residential Water Use Credits for Ultra-Low Consumption Technology
Pre-Retrofit.
EVIDENCE: Rule
25-F-4-d attached as Exhibit 13-B.
4. FINDING: District Rule 90 allows the Board to
consider variances “…from any provision
of the standards incorporated into these Rules and Regulations whenever it
finds: (a) that Special Circumstances exist in a particular case, and (b) that
practical difficulties or Undue Hardship would result from the strict
interpretation and enforcement of any such standard, and (c) that the granting
of such a variance would not tend to defeat the purposes of these Rules and
Regulations. The Board may place conditions upon such variances.”
EVIDENCE: Rule 90 on file at the District office.
5. FINDING: Special
Circumstances exist in this case because the Site does not have sufficient Water Use Capacity to allow for an
Intensification of Use on the Site without granting a Water Credit for
rainwater recycling, and the Rules do not address rainwater recycling Water
Credit as it applies to Single-Family/Mixed-Use projects.
EVIDENCE: Application
for Variance attached as Exhibit 13-A.
7. FINDING: Special
Circumstances exist in this case because there is evidence that the rainwater
recycling system will supply 140 percent of the water needed for toilet
flushing and clothes washing in the Mixed Use
building.
EVIDENCE: Staff
demand calculations discussed in the staff report.
10. FINDING: Potable
water supply will be tracked by an inline water meter.
EVIDENCE: Condition
of Approval.
11. FINDING: Granting a variance to allow Water Use
Credit for rainwater recycling will not defeat the purpose of the Rules and
Regulations as the proposed project will not result in a Water Use Capacity
that exceeds the current Capacity.
EVIDENCE: The above stated facts.
12. FINDING: The
building at 537 Anthony Street in Monterey has sufficient
roof area to supply rainwater for the project during a “below normal” Water
Year.
EVIDENCE: Calculations
on file at the District office.
13. FINDING: In granting this variance, the Board adopts
the following Conditions of Approval:
1. Install an 8,000-gallon rainwater
tank and roof conveyance system by Feb 15, 2020 to allow for immediate
rainwater collection during the rainy season.
2. Obtain permits for the rainwater
system from the City of Monterey and the Monterey County Health Department as
required.
3. Meter the potable back-up supply
where it enters the rainwater tank.
4. Meter the rainwater supply line as
it exits the tank.
5. Submit annual reporting on all
meter reads.
6. A Limitation on Use of Water on
Property deed restriction shall be recorded on the property title.
7. This variance is time limited to
one year from the date of approval.
Within the year, the applicant shall obtain water and building permits or the approval shall expire.
EVIDENCE: Minutes
of the January 23, 2020, regular Board meeting.
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