EXHIBIT
21-C
DRAFT
FINDINGS
OF APPROVAL
CONSIDER REQUEST FOR VARIANCE FROM INDIVIDUAL
WATER METER REQUIREMENTS (DISTRICT RULE 23-A) – THE
(APN
010-136-013)
1. FINDING: The Carmel Foundation is requesting a
variance to allow a single water connection to provide service to a senior
housing residential project at
EVIDENCE: Application for Variance attached as Exhibit 21-A.
2. FINDING: The project consists of fourteen low-income residential units and a common laundry room.
EVIDENCE: Application for Variance attached as Exhibit 21-A and Water Permits issued for APN 010-136-013.
3. FINDING: A variance from the District’s individual water meter requirement is requested due to hardship. The requirement to install individual water meters for this project would substantially increase the project costs and would result in a loss of parking, living area, and landscape area along the front of the property, and would create a hardship which could jeopardize the project.
EVIDENCE: Application for Variance attached as Exhibit 21-A.
4. FINDING: District Rule 23-A-1-i (Exhibit 21-B) requires that each water user have a separate water meter.
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 individual street-side water meters would not defeat the purposes of the Rules and Regulations as the applicant is willing to mitigate the metering by installing in-line water meters on hot and cold water to each unit and in the laundry room.
EVIDENCE: Application for Variance attached as Exhibit 21-A.
6. FINDING: District Rule 90 allows a variance from District rules when certain criteria can be demonstrated be satisfied.
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 21-A.
8. FINDING: The project will incorporate installation of ultra-low consumption washing machines, High Efficiency Toilets, and minimal, drought tolerant landscaping.
EVIDENCE: Application for Variance attached as Exhibit 21-A.
9. FINDING: There have been seven 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, a 18 affordable housing units project in Monterey, a mixed-use (i.e. commercial and residential uses) project in Sand City, and a non-residential project with nine tenants in Monterey.
EVIDENCE: Records of variance proceedings on file in District office.
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-A-1-i metering requirement:
1. The applicant shall install two water
meters: One for exterior uses and one
for interior uses.
2. The applicant shall install and maintain electronically monitored in-line water meters in both the hot and cold water lines to each unit.
3. The applicant shall install in-line water meters for hot and cold water to measure water use in the common laundry room.
4. The applicant shall agree that a Notice and Deed Restriction Regarding Limitation on Use of Water on a Property will be recorded on the property. This document will list these conditions and any others that were initially included in the Water Permit for the project.
5. The applicant shall agree that a Notice and Deed Restriction to Provide Public Access to Water Use Data will be recorded on the property. This document provides authorization to retrieve, collect, compile and report actual water use data for the property. Obtaining this authorization releases the District from the restrictions of any Non-Disclosure Agreement between the District and California American Water.
6.
The applicant shall enter
into an indemnification agreement with the District, whereby the Applicant
agrees to indemnify, defend and hold harmless the District from any and all
legal and financial responsibility that may arise in connection with approval
of the variance, including but not limited to attorney’s fees and costs that
the District may incur.
EVIDENCE: Action by the Board of Directors at the public hearing on June 15, 2009.
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