EXHIBIT 11-D
DRAFT
FINDINGS OF FACT
TO SUPPORT APPROVAL
CONSIDER APPEAL OF
STAFF DECISION REGARDING CLASSIFICATION OF DORMITORY WATER USE –
(APN 008-022-003,
008-022-012, 008-022-020, 008-022-021, 008-022-023, 008-022-033, 008-031-002,
008-031-013, 008-532-008, 008-532-009, 008-532-010)
1.
FINDING:
EVIDENCE: Application for Appeal attached as Exhibit 11-A.
2.
FINDING:
Dormitory water use is calculated using a “per room” factor from Group III of
District Rule 24, Table II, Commercial Water Use Factors. Staff’s ministerial discretion is limited to
the characterization of dormitory water use as “commercial” based on the
factor.
EVIDENCE: District Rule 24, Table II, Commercial Water Use Factors.
3. FINDING: Ordinance No. 109 authorizes the use of the portion of PBC’s Water Entitlement to be sold pursuant to Ordinance No. 109 only for “Residential Use” through a “Residential Connection” as those terms are respectively defined in Ordinance No. 109 by reference to MPWMD rules.
EVIDENCE: Ordinance No. 109 on file at District office.
4. FINDING: This appeal requests a Board interpretation of dormitory water use as residential in nature.
EVIDENCE: Application for Appeal attached as Exhibit 11-A.
5. FINDING: Previous water permits for the newer dormitory buildings at RLS include both dormitory rooms and residential faculty apartments.
EVIDENCE: Water permits on file at District office.
6. FINDING: “Residential” is defined as meaning “water used for household purposes, including water used on the premises for irrigating lawns, gardens and shrubbery, washing vehicles, and other similar and customary purposes pertaining to single and multi-family dwellings.”
EVIDENCE: District Rule 11.
7. FINDING: “Residential Connection” is defined as “unless otherwise determined by the General Manager, on a case-by-case determination, any house, apartment, or other living quarters intended for residential use.”
EVIDENCE: District Rule 11.
8. FINDING: The applicant has stated that there are subsets of residential and nonresidential uses on the RLS campus that are confirmed by records of water permit issued for projects on the campus.
EVIDENCE: Application for Appeal and water permits on file at District office.
9. FINDING: The nature of water consumption for dormitory use is residential and therefore, Dormitories fit the definition of a “Residential” use under Rule 11 for the purposes of Ordinance No. 109. A single characterization of dormitory water as either commercial or residential should apply consistently throughout the boundaries of the Monterey Peninsula Water Management District (MPWMD).
EVIDENCE: Water use by residents in the dormitories is for the purposes described in the definition of “Residential” in Rule 11.
10. FINDING: Interpreting dormitories to be “residential” in nature does not change the water use factor for dormitory uses.
EVIDENCE: The water use factor for dormitory water use remains as a Group III factor. However, dormitories at educational facilities should be considered “residential” uses that are permitted to utilize water entitlements restricted to residential uses, be rationed based on the number of residents, and subject to residential water use restrictions and conditions.
11. FINDING: The dormitories at RLS are residential uses as defined by Rule 11, qualify as a “Residential Use” through a “Residential Connection,” and are entitled to use water from the PBC Entitlement.
EVIDENCE: The above stated facts.
12. FINDING: Granting this appeal and defining dormitories at educational facilities as “Residential Use” through a “Residential Connection” does not defeat the purposes of these Rules and Regulations.
EVIDENCE: The granting of this appeal is discretionary and based on the unique facts related to dormitories at educational facilities.
13.
FINDING:
Addressing the technicality identified in this appeal facilitates the bond
financing for the expansion of the CAWD/PBCSD Wastewater Reclamation Project by
letting RLS purchase water for its dormitory project(s). The expansion of the CAWD/PBCSD Wastewater
Reclamation Project will improve the production of recycled water and reduce
dependence on potable water by the
EVIDENCE:
Ordinance No. 109 and the related staff reports and documents reviewed
during public review of Ordinance No. 109 on file at the District office.
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