ITEM:		PUBLIC HEARINGS
13.	CONSIDER APPEAL OF STAFF DECISION REGARDING CLASSIFICATION OF DORMITORY WATER USE – ROBERT LOUIS STEVENSON SCHOOL (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)
Meeting Date:			February 23, 2006	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 Review: Yes
Committee Recommendation: N/A
CEQA Compliance: Notice of Intent to Adopt Negative Declaration. If staff’s recommendation is approved, the proposed Negative Declaration will be filed with the Monterey County Recorder.

SUMMARY: This item was continued from the January 26, 2006 Board meeting at the request of the applicant. Although the public hearing was continued, two Board members requested additional information before consideration of the appeal. This report will address those questions.

The complete staff report from the January 26 meeting is attached (Attachment 13-A). Attachment 13-A should be referenced when considering this item.

DISCUSSION: At the January 26, 2006 meeting, Director Lehman and Director Markey asked for responses to the following questions:

1. How have water permits for dormitories at the Defense Language Institute (DLI), Naval Postgraduate School (NPS), Santa Catalina School and Robert Louis Stevenson School been processed in the past?

RESPONSE: Water permits for dormitory uses at other local educational facilities have been processed and issued using the factor for “dorms” from Rule 24, Table II - commercial uses. This factor was added during the last water use survey in 1991. The “dorm” factor is applied to the number of student housing rooms proposed in the application. Faculty housing and independent dwelling units (e.g. those units with kitchens) are calculated using the residential fixture unit methodology.

2. How would a determination in favor of this appeal impact other educational facilities (including DLI and NPS) that have student housing?

RESPONSE: The impact of granting the appeal is that RLS, as the only educational facility with student housing in the Del Monte Forest area of Pebble Beach, would be able to utilize water from the Pebble Beach Entitlement to expand its dormitories. This classification of dormitory water use as residential has not been contemplated in the past and is specific to the implementation of Ordinance No. 109, which limits accessibility of water from the Pebble Beach Entitlement to residential uses with a residential connection. It would have no impact on dorms outside the Del Monte Forest, as the District already applies the Table II commercial water use factor for dorms, to these facilities.

RECOMMENDATION: Staff recommends the Board:

(1) Adopt the proposed Negative Declaration;

(2) Grant the appeal;

(3) Adopt the Findings of Fact to Support Approval and

(4) Direct staff to add a footnote to Rule 24, Table II, indicating that dormitory water use is residential in nature. This footnote will be added to the permit-related revisions proposed in a draft ordinance that will be presented to the Board in the near future.

ATTACHMENTS

13-A Staff Report and Exhibits on RLS Appeal from January 26, 2006

U:\staff\word\boardpacket\2006\2006boardpackets\20060223\PubHrgs\13\item13.doc