EXHIBIT 11-C

 

DRAFT

FINDINGS OF APPROVAL

CONSIDER APPLICATOIN FOR VARIANCE FROM SEPARATE WATER METER REQUIREMENT FOR A 40 UNIT SENIOR HOUSING PROJECT AT

200 GLENWOOD CIRCLE, MONTEREY (APN: 001-771-013)

 

MARCH 18, 2019

 

1.     FINDING:         The Park Lane (applicant) has requested Board approval of a variance to allow permanent sub-meters to record water use in individual apartments in a new 40-unit senior independent living building at 200 Glenwood Circle, Monterey.

 

EVIDENCE:     Application for Variance attached as Exhibit 11-A.

 

2.     FINDING:         District Rule 23-A-1-i requires Water Meters maintained by the Water Distribution System Operator be installed for each Residential and Non-Residential water User except as allowed in 23-A-1-i-(4). 

 

EVIDENCE:     Rule 23-A-1-i-(4) attached as Exhibit 11-B.

 

3.     FINDING:         Rule 23-A-1-i-(4) allows sub-metering when the installation of separate Water Meters by the Water Distribution System Operator is not feasible due to a moratorium on the setting of Water Meters and the project demand is being offset by Water Credit.  It requires that the sub-meters be replaced with Water Meters of the Water Distribution System Operator within ninety (90) days of the conclusion of a Connection moratorium.

 

EVIDENCE:     Rule 23-A-1-i-(4) attached as Exhibit 11-B.

 

4.     FINDING:         Separate metering is a best management practice of the California Water Efficiency Partnership (CalWEP).  Additionally, state legislation passed in 2016 (California Water Code, Div. 1, Ch.8, Article 5) requires Multi-Family Residential Dwelling Units to either have a utility meter or a submeter.  Individual Water Meters encourage efficient water use by making each water User accountable for their consumption.  Individual Water Meters also facilitate compliance with water use reductions during rationing periods. 

 

EVIDENCE:     Calwep.org and California Water Code, Div. 1, Ch.8, Article 5.

 

5.     FINDING:          District Rule 23-A-1-i-(5) allows the Board to consider variances to the Rule when the installation of separate Water Measuring Devices is not feasible due to Special Circumstances.  “Special Circumstances” in this case are defined as “unusual, uncommon, peculiar, unique or rare situations that require Board consideration.”  In considering a variance, the Board shall determine if another type of Water Measuring Device is appropriate and shall make reporting of consumption a condition of approval.

 

EVIDENCE:     Rule 23-A-1-i-(5) attached as Exhibit 11-B.

 

6.     FINDING:         Special Circumstances exist in this case because the plumbing design provides for a central water heating plant that will provide water for domestic uses and heating.  The layout for this project is designed to avoid any natural gas in the 40 apartments.  This is a safety issue with senior residents.

 

EVIDENCE:     Application for Variance attached as Exhibit 11-A.

 

7.     FINDING:         Special Circumstances exist in this case because the plumbing design is optimized for water conservation, energy efficiency, cost of construction and occupant safety.  Installing individual Water Meters for each unit would increase the project construction costs and would result in reduced energy efficiency.

 

EVIDENCE:     Application for Variance attached as Exhibit 11-A.

 

8.     FINDING:         The project will be built with tenant-accessible in-line water meters installed to monitor water use in each apartment, providing a method for individual accountability of water use and encouraging conservation.

 

EVIDENCE:     Application for Variance attached as Exhibit 11-A. 

 

9.     FINDING:         There have been four similar circumstances where variances were granted for permanent in-line meters at housing projects in the MPWMD:  MidPen Housing Corporation for 19 low-income senior housing units in Monterey; Pacific Meadows low-income senior housing project in Carmel Valley; Osio Plaza Apartments with 30 low to moderate housing units in the City of Monterey; and Vista Point Apartments (South County Housing) with 49 low-income senior housing units in the City of Pacific Grove.

 

EVIDENCE:     Records of variance proceedings on file in District office.

 

10.   FINDING:          Exterior water use will be tracked with a separate water meter.

 

        EVIDENCE:      Condition of Approval.          

 

11.   FINDING:         Granting a variance from the separate Water Meter requirement for the proposed senior housing project will not defeat the purpose of Rule 23-A, which is to encourage individual accountability for water use.  Granting this variance will not compromise water efficiency at the City of Monterey Site.

 

EVIDENCE:     The above stated facts.

 

12.   FINDING:         In granting this variance, the Board has adopted the following Conditions of Approval:

 

1.      In-line water sub-meters for each Dwelling Unit shall be installed and maintained. The sub-meter data shall be accessible to the building management to assist with water use tracking during times of rationing. 

 

2.      The applicant/owner shall provide sub-meter consumption information to the District upon request;

 

3.      Outdoor water use associated with new landscaping shall be separately sub-metered.  Common areas in the building shall be separately sub-metered.

 

4.      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 March 18, 2019, regular Board meeting.

 

 

 

 

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