EXHIBIT 14-C

 

DRAFT

FINDINGS OF APPROVAL

CONSIDER REQUEST FOR VARIANCE FOR RAINWATER SYSTEM IN MIXED USE BUILDING AT 537 ANTHONY STREET, MONTEREY, APN 001-712-010, APPLICANT: MONTEREY DESIGN COLLECTIVE, LLC

 

1.     FINDING:         The Monterey Design Collective (applicant) has requested Board approval of a variance to allow credit for a rainwater reuse system to offset an projected increase in use at 537 Anthony St, Monterey.

 

EVIDENCE:     Application for Variance attached as Exhibit 14-A.

 

2.     FINDING:         District Rule 25, Table 4: High Efficiency Appliance Credits provides a Water Credit to Multi-Family projects that utilize a rainwater/Graywater reuse system to flush toilets and wash clothes. Single Dwelling Units were not included in the credit.

 

EVIDENCE:     Rule 25.5, Table 4: High Efficiency Appliance Credits attached as Exhibit 14-B.

 

3.     FINDING:         Rule 25-F-4-d allows Non-Residential Water Use Credits for Ultra-Low Consumption Technology Pre-Retrofit.

 

EVIDENCE:     Rule 25-F-4-d attached as Exhibit 14-B.

 

4.     FINDING:         District Rule 90 allows the Board to consider variances “…from any provision of the standards incorporated into these Rules and Regulations whenever it finds: (a) that Special Circumstances exist in a particular case, and (b) that practical difficulties or Undue Hardship would result from the strict interpretation and enforcement of any such standard, and (c) that the granting of such a variance would not tend to defeat the purposes of these Rules and Regulations. The Board may place conditions upon such variances.”

 

EVIDENCE:     Rule 90 on file at the District office.

 

5.     FINDING:         Special Circumstances exist in this case because the Site does not have sufficient Water Use Capacity to allow for an Intensification of Use on the Site without granting a Water Credit for rainwater recycling, and the Rules do not address rainwater recycling Water Credit as it applies to Single-Family/Mixed-Use projects.

 

EVIDENCE:     Application for Variance attached as Exhibit 14-A.

 

7.     FINDING:         Special Circumstances exist in this case because there is evidence that the rainwater recycling system will supply 140 percent of the water needed for toilet flushing and clothes washing in the Mixed Use building.

 

EVIDENCE:     Staff demand calculations discussed in the staff report.

 

10.   FINDING:          Potable water supply will be tracked by an inline water meter.

 

        EVIDENCE:      Condition of Approval.          

 

11.   FINDING:         Granting a variance to allow Water Use Credit for rainwater recycling will not defeat the purpose of the Rules and Regulations as the proposed project will not result in a Water Use Capacity that exceeds the current Capacity.

 

EVIDENCE:     The above stated facts.

 

12.   FINDING:         The building at 537 Anthony Street in Monterey has sufficient roof area to supply rainwater for the project during a “below normal” Water Year.

 

EVIDENCE:     Calculations on file at the District office.

 

13.   FINDING:         In granting this variance, the Board adopts the following Conditions of Approval:

 

1.      Install an 8,000-gallon rainwater tank and roof conveyance system by Feb 15, 2020 to allow for immediate rainwater collection during the rainy season.

2.      Obtain permits for the rainwater system from the City of Monterey and the Monterey County Health Department as required.

3.      Meter the potable back-up supply where it enters the rainwater tank.

4.      Meter the rainwater supply line as it exits the tank.

5.      Submit annual reporting on all meter reads.

6.      A Limitation on Use of Water on Property deed restriction shall be recorded on the property title.

7.      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 January 23, 2020, regular Board meeting.

 

 

 

 

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