EXHIBIT
11-A
DRAFT
ORDINANCE
NO. 114
AN ORDINANCE OF THE
MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AMENDING DISTRICT RULE 24 TO CLARIFY SPECIAL FIXTURE UNIT ACCOUNTING
FOR SECOND BATHROOMS
1. The Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.
2. The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.
3. The terms defined in this ordinance clarify operations of the existing water permit process.
4. This ordinance amends Rule 24 to explain administrative changes that were brought about to clarify an apparent conflict between Ordinance No. 98 that allows the second bathroom in a single-family residential dwelling and the master bathroom fixture accounting added by Ordinance No. 80.
5. This ordinance specifies the date a property must have met the definition of a Single-Family Dwelling on a Single-Family Residential Site to qualify for the special fixture unit accounting to add a second bathroom under Rule 24.
6. This ordinance adds the provision that a valid Water Use Credit for the permanent abandonment of a one bathroom single-family dwelling unit that had a final building permit as of May 16, 2001 shall be regarded as an existing dwelling unit and shall allow the reconstruction of a single-family dwelling unit with the addition of the water fixtures allowed by this ordinance. This practice was adopted as Finding No. 8 of Ordinance No. 98 and has been administratively practiced. This ordinance codifies that practice.
7. This ordinance clarifies the fixtures allowed by the special fixture unit accounting.
8. This ordinance clarifies that the special fixture unit accounting is elective and, therefore, limiting. The addition of multiple bathrooms requires the full permitting of the bathroom allowed by the special fixture unit accounting, including water from a jurisdiction’s allocation or water from on-site credits.
9. This ordinance allows a limited number of permit applicants, who had applied for a water permit to add second bathroom between May 16, 1999 and May 16, 2001, and who would have qualified for a second bathroom under the special fixture unit accounting, to upgrade toilets from one-half gallon-per-flush to the current standard of 1.6 gallons-per-flush.
10. This ordinance clarifies the location of the second bathroom allowed by the special fixture unit accounting to allow the second bathroom to be used only for convenience within the existing dwelling unit.
11. This ordinance shall revise, amend and republish Rule 24 of the Rules and Regulations of the Water Management District.
12. This ordinance shall be reviewed and approved under CEQA (California Environmental Quality Act) based upon a Negative Declaration.
NOW THEREFORE be it ordained as follows:
Section One: Short Title
This ordinance shall be known as
the MPWMD 2004 Second Bathroom Clarification Ordinance.
Section Two: Purpose
This ordinance
clarifies the provisions of Rule 24 that specify the special fixture unit
accounting for a second bathroom added by Ordinance No. 98.
Section Three: Amendment of Rule 24: Water
Permit Process
A.
Rule 24-C shall
be revised as shown in bold italics (bold italics) and
strikeout (strikethrough):
C.
RESIDENTIAL
EXPANSIONS
1.
Determination
of Fixture Unit Component for Each Dwelling Unit
a. Each
expansion/extension permit application for residential use will be assessed a
connection charge and water shall be debited from the applicable jurisdiction’s
water allocation for each added fixture unit in accord with Table
1 below. This table shall be revised
periodically and approved by ordinance.
The applicant shall provide complete and final construction plans to the
District for evaluation of the fixture unit component of any new construction,
remodel or addition that involves water fixtures. The General Manager or his/her designee shall review the project
and determine the fixture units count to be used in the formula set
forth in this rule. Fixtures which
deviate from those categories listed on Table 1 shall be characterized by the
General Manager as "other", and assigned a fixture unit value which
has a positive correlation to the anticipated water use facilitated by that
fixture.
b. Portable water fixtures, fountains, ponds, hot tub/spas, drinking fountains, pot fillers, darkroom sinks, outdoor showers, outdoor sinks, pet/livestock wash racks and water troughs, and multiple utility sinks (more than one per site) shall be exempt from the connection charge and shall have no fixture unit value. The General Manager may waive the limitations set by this paragraph upon credible evidence that the fixtures had been legally installed. The General Manager’s determination shall be subject to appeal pursuant to Rule 70.
c. Special
Fixture Unit Accounting.
(1) Special
fixture unit accounting shall apply to any expansion application that proposes
to add a second bathroom to an existing single-family dwelling unit Single-Family
Dwelling Unit on a single-family residential site Single-Family
Residential Site that, prior to the application, has only one
bathroom.
(2) This
accounting protocol shall be limited, and shall apply only to the following
water appliances if these they are installed in a new second
bathroom as an expansion of an existing single family dwelling unit Single-Family
Dwelling Unit: (a) a single
water closet, and (b) a single standard tub, or single shower stall, or a
single standard tub-shower combination, and (c) one or two wash basins. This special fixture unit accounting shall
further apply on a pro rata basis to any expansion application that proposes to
add one or more of the referenced water appliances to an existing second bathroom
that lacks that same appliance within an existing single-family residential
site Single-Family Residential Site that, prior to the
application, has less than two full bathrooms.
(3) The
special fixture unit accounting referenced above shall not apply to any multi-family
dwelling Multi-Family Dwelling or multi-family residential
site Multi-Family Residential Site.
(4) This
special fixture unit accounting shall apply only to a single-family
Single-Family Dwelling Unit units on a Single-Family
Residential Site that had have a final building
permit as of May 16, 2001 the effective date of this ordinance.
(5) A valid Water Use Credit for the permanent abandonment of a one bathroom Single-Family Dwelling Unit on a Single-Family Residential Site issued prior to May 16, 2001 shall be regarded as an existing Dwelling Unit and shall allow the reconstruction of Single-Family Dwelling Unit with the addition of the water fixtures allowed by this provision.
(6)
Water fixtures installed pursuant to this
provision must be installed within the existing Dwelling Unit.
(7)
Under
this second bathroom special accounting Special Fixture Unit
Accounting protocol, the General Manager shall not debit the municipal
allocation for the installation of select water fixtures in the second bathroom
addition or remodel.
(8)
Connection
charges shall nonetheless be collected for the addition of these fixture units
to the second bathroom addition.
(9)
No
on-site, off-site or transfer of credit shall be granted for removal or
retrofit of any fixture added pursuant to this second bathroom accounting
protocol.
(10)
Use
of the special fixture unit accounting protocol is voluntary. Any property installing a second bathroom
pursuant to this provision shall be limited to two bathrooms unless the second bathroom
is permitted by debit to a jurisdiction’s water allocation.
(11)
The
provisions of this special fixture unit accounting protocol shall take
precedence and supersede any contrary provision of the Water Management
District Rules and Regulations.
d.
The District
shall grant a Water Use Credit for the permanent removal of water using
fixtures providing that the fixture was properly and lawfully installed. Credit for fixtures listed in Section
Rule 24 C (1) (b) shall only receive credit upon evidence of a
water permit showing a debit to a jurisdiction’s allocation and payment of
related connection charges. However,
the District shall not provide a water use credit of greater than four (4)
fixture units for the complete removal of any shower or bathtub.
e.
Master
Bathroom Fixture Unit Accounting.
(1)
All
fixtures utilizing a Master Bathroom fixture unit value as shown in Table
1. Residential Fixture Unit Count must occur in the same bathroom, and
that bathroom shall be designated as the “Master Bathroom.” Each dwelling unit shall have no more than
one Master Bathroom.
(2)
The
Master Bathroom fixture unit value shall not apply to applications proposing to
utilize the Special Fixture Unit Accounting allowed by Rule 24 C (1) (c). The sole exception shall be those
applications that proposed the Master Bathroom fixture unit value in the second
bathroom and where fees were paid for a planning or building permit application
for that project before October 23, 2003.
This exception shall expire on December 31, 2004.
Section Four: Amendment of Water Permits Issued
Between May 16, 1999 and May 16, 2001
All water permits issued between
May 16, 1999 and May 16, 2001 (the effective date of Ordinance No. 98) that utilized
half-gallon (2-liter) per flush toilets to add a second bathroom shall be
eligible to replace the existing half-gallon toilets with toilets using a
maximum of 1.6 gallons-per-flush, as allowed by this ordinance. All applications to upgrade toilets from
half-gallon per flush shall be approved only when the property meets the
provisions of the special fixture unit accounting shown in Rule 24 at the time
of application to upgrade.
Section
Five: Publication and
Application
The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District.
This ordinance shall be read in conjunction with and complimentary to Ordinance No. 98.
This ordinance shall take effect at 12:01 a.m. on July 1, 2004.
This Ordinance shall not have a sunset date.
Section Seven: Severability
If any
subdivision, paragraph, sentence, clause or phrase of this ordinance is, for
any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity shall not affect the validity or enforcement of
the remaining portions of this ordinance, or of any other provisions of the
Monterey Peninsula Water Management District Rules and Regulations. It is the District's express intent that
each remaining portion would have been adopted irrespective of the fact that
one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
On motion by Director ______________, and second by Director
____________, the foregoing ordinance is adopted upon this ____ day of ________
2004, by the following vote:
AYES:
NAYS:
ABSENT:
I, Fran Farina, Secretary to the Board of Directors of the Monterey
Peninsula Water Management District, hereby certify the foregoing is a full,
true and correct copy of an ordinance duly adopted on the _____ day of
_____________ 2004.
Witness my hand and seal of the Board of Directors this ________ day of
____________ 2004.
Fran Farina, Secretary to the Board
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