ITEM:		PUBLIC HEARING
10.	CONSIDER APPLICATION FOR VARIANCE FROM SEPARATE WATER METER REQUIREMENT FOR MULTI-FAMILY HOUSING PROJECT AT 1193 BROADWAY, SEASIDE (APNS: 012-191-001, 002, 003, 004, 013, 016, 017, 021, 022, 023, 024, 025, 028, and 029)
Meeting Date:			July 20, 2020	Budgeted:	N/A
From:			David J. Stoldt	Program/	N/A
				Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Approval: N/A
Committee Recommendation: N/A
CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines section 15378.

SUMMARY: West End Partners, LLC is requesting Board approval of a variance to Rule 23 to allow permanent submetering in place of individual Cal-Am water meters at an apartment project to be constructed at parcels owned by the City of Seaside bordered by Broadway Avenue, Terrace Street, Olympia Avenue, and San Lucas Street in Seaside (Exhibit 10-A). Rule 23-A-1-i (Exhibit 10-B) requires water meters maintained by the water distribution system operator for each residential and non-residential water user^[1]. The project will include 106 residential units located in ten buildings with a small amount of commercial space. Installation of approximately 110 water meters (and boxes) along the perimeter of the project site is not feasible and would conflict with other utilities. The Board has previously granted variances for similar situations conditioned on submeters being installed for accountability of individual water use.

District Rule 23-A-1-i-(5) allows the Board to consider variances to the rule when the installation of separate water meters is not feasible due to “Special Circumstances.” Special circumstances are defined in Rule 11 as “unusual, uncommon, peculiar, unique or rare situations that require Board consideration.” In considering a variance, the rule states that the Board shall determine if another type of Water Measuring Device is appropriate (e.g., submeters) and shall make reporting of consumption a condition of approval.

Individual water meters encourage efficient water use by making each water user accountable for their consumption. The American Water Works Association (AWWA) recommends that every water utility accurately meter all water taken into its system and all water distributed from its system at its customers’ points of service. Meters should be read at sufficiently frequent intervals appropriate to support the utility’s understanding of volume of production, rate structures and to provide accurate bills and feedback to its customers. 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 for each individual residential unit. Individual Water Meters also facilitate compliance with water use reductions during rationing periods.

Public notice of this hearing was posted on the project Site for ten (10) days prior to the public hearing.

RECOMMENDATION: Staff recommends the Board approve the variance and adopt the Conditions of Approval (Exhibit 10-C) and Findings of Approval (Exhibit 10-D).

The proposed action to submeter the Ascent Broadway project supports the District’s goal to make water users accountable for their water use. Staff supports submetering as an alternative to requiring an unreasonably large number of water meters located in the right-of-way for multi-family housing.

EXHIBITS

10-A Application for Variance

10-B Rule 23-A-1-i-(4)

10-C Draft Conditions of Approval

10-D Draft Findings of Approval

10-E MPWMD Indemnification Agreement

U:\staff\Boardpacket\2020\20200720\PublicHearing\10\Item-10.docx

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^[1] District Rule 11 defines a water “user”: “each Dwelling Unit, each Non-Residential enterprise, and each Dedicated Irrigation Meter shall be deemed a separate and distinct User.”