EXHIBIT 11-B
DRAFT
FINDINGS OF DENIAL
CONSIDER APPLICATION FOR VARIANCE TO
ALLOW NON-RESIDENTIAL GROUP II WATER USE CAPACITY AT 458-460 ALVARADO STREET,
MONTEREY
(APN: 001-572-029)
FEBRUARY 22, 2018
1. FINDING: Anthony
G. Davi, Sr., a Non-Residential property owner in the
City of Monterey, is requesting Board approval of a variance to allow
Non-Residential Group II use without a water allocation from the City of
Monterey in two lease spaces at 458-460 Alvarado
Street, Monterey (Site). The Site
currently has a Group I Water Use Factor.
EVIDENCE: Application
for Variance attached as Exhibit 11-A.
2. FINDING: District Rule 20, Permits Required, requires a Water Permit for any Change of Use or
expansion of a Non-Residential use to a more intensive use as determined by
Rule 24. Rule 23-A-1-g provides that
when an application involves an Intensification of Use, the increase in
Capacity shall deducted from a Jurisdiction’s Allocation or a Water Entitlement
as indicated on the Water Release Form.
EVIDENCE: Rules
20, 23, and 24 attached as Exhibits 11-C, 11-D, and 11-E.
3. FINDING: Group II businesses includes uses such
as coffee shops, bakeries, ice cream shops, delis and pizzerias use more water
than Group I businesses.
EVIDENCE: Rule
24, Table 2, Non-Residential Water Use
Factors (Exhibit 11-D).
4. FINDING: Converting 5,300 square-feet of Group I
to Group II (the entire building) would require 0.689 Acre-Feet (AF) of
water. Conversion of one lease space
(2,650 square-feet) from Group I to Group II would require 0.345 AF.
EVIDENCE: Rule
24, Table 2, Non-Residential Water Use
Factors (Exhibit 11-D).
5. FINDING: The City of Monterey has not authorized water from its
Allocation for an Intensification of Use from Group I to Group II for either
458 or 460 Alvarado Street.
EVIDENCE: February 7, 2018 telephone conversation
between Stephanie Kister Campbell (MPWMD) and Kimberly Cole (City of Monterey, Interim
Chief of Planning, Engineering & Environmental Compliance).
6. FINDING: The difficulty in finding tenants for Group I commercial
space is not unique to 458 and 460 Alvarado Street. This situation is common among property
owners and potential tenants, especially in the Cities of Monterey and Pacific
Grove where there is no water available from Water Entitlements or Allocations.
EVIDENCE: Monterey County Weekly article of January
11, 2018, highlighting the lack of available Group II spaces (Exhibit 11-F).
7. FINDING: There have been no circumstances where
variances were granted to allow an Intensification of Use without water
deducted from an Allocation.
EVIDENCE: District
records.
8. FINDING: Granting a variance would create an
unfair precedent and would tend to defeat the purposes of these Rules and
Regulations.
EVIDENCE: MPWMD
Rules & Regulations and Ordinances on file at the MPWMD.
9. FINDING: On February 22, 2018, the Board denied
the request for variance and referred the item to the Board as a Board appeal.
EVIDENCE: Minutes
of the February 22, 2018, Monterey Peninsula Water Management District Board of
Directors meeting.
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