MPWMD BOARD MEETING--APR 19, 2004--ITEM 11--CONSIDER FIRST READING OF 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 AND CONSIDER ADOPTION OF NEGATIVE DECLARATION

ITEM:	PUBLIC HEARINGS

11.	CONSIDER FIRST READING OF 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 AND CONSIDER ADOPTION OF NEGATIVE DECLARATION

Meeting Date:		April 19, 2004	Budgeted: N/A

Staff Contact:		Stephanie Pintar	Program/Line Item No.: N/A
			Cost Estimate: N/A

General Counsel Approval: General Counsel has reviewed the proposed ordinance.
Committee Recommendation: The Water Demand Committee reviewed the proposed ordinance on March 9, 2004.
CEQA Compliance: Negative Declaration. Ordinance No. 114 has no significant effect on the environment.

SUMMARY: Draft Ordinance No. 114 (Exhibit 11-A) clarifies the process by which someone can obtain a second bathroom in an existing single-family residence on a single-family residential site by specifying dates for eligibility, specifying the water fixtures that qualify for the special fixture unit accounting, and by specifying that the fixtures must be installed within the existing dwelling unit. As the ability to add a second bathroom without debiting the jurisdiction’s allocation is voluntary for convenience only, those choosing to use the special fixture unit accounting will be restricted by requiring full permitting (e.g. water from a jurisdiction’s allocation or on-site water credits) of the second bathroom allowed by this provision before additional bathrooms can be added.

Draft Ordinance No. 114 clarifies existing rules, with one exception: The ordinance allows property owners that, between April 16, 1999 and April 16, 2001, utilized half-gallon (2-liter) per flush toilets to add a second bathroom. These property owners will be eligible to replace the existing half-gallon toilets with toilets using a maximum of 1.6 gallons-per-flush if the property would otherwise qualify for Ordinance No. 98 bathroom at the time of the request to upgrade (e.g. the property is a single-family dwelling on a single-family residential site with no more than two bathrooms). Staff researched the potential impact of this modification and found that there are 15 permits (19 toilets with a potential maximum impact of 0.133 AFA) issued between April 1999 and April 2001 that could be eligible to upgrade.

The Board will consider adoption of a Negative Declaration for MPWMD Ordinance No. 114. The Negative Declaration states that adoption of Ordinance No. 114 has no significant effect on the environment, in compliance with the California Environmental Quality Act (CEQA). The “Notice of Intent to Adopt a Negative Declaration for MPWMD Ordinance No. 114,” along with an Initial Study and Ordinance No. 114, was circulated to roughly 40 local agencies and libraries and other entities on March 25, 2004, and was posted on the District’s website as well as at the County Clerk’s office on March 25, 2004 (Exhibit 11-B). The review period for written comments was defined as March 26, 2004 through April 14, 2004. The MPWMD Board public hearing on April 19, 2004 to receive oral comments was also identified. It is notable that Negative Declarations for projects of local importance require only a 20-day comment period (CEQA 21092.3). The April 19, 2004 agenda containing the public hearing on consideration of a Negative Declaration for Ordinance No. 114 was posted to the District website and mailed to agenda recipients on April 9, 2004.

Staff’s goal is to complete the CEQA review process prior to bringing new ordinances to the Board. The Water Demand Committee reviewed and supported staff’s proposed CEQA methodology for Ordinance No. 114, and staff completed an Initial Study and Notice of Intent to File a Negative Declaration. Copies of the CEQA documents were provided to the Board on March 26, 2004.

RECOMMENDATION: The Board should adopt the proposed Negative Declaration provided on the third page of Exhibit 11-B. The full text of the Negative Declaration states:

Based on the finding that adoption of Ordinance No. 114, Amending District Rule 24 to Clarify Special Fixture Unit Accounting for Second Bathrooms, has no significant effect on the environment, the Monterey Peninsula Water Management District makes this Negative Declaration regarding MPWMD Ordinance No. 114 under the California Environmental Quality Act.

Staff recommends the Board approve the first reading of Ordinance No. 114. The proposed ordinance clarifies existing rules that were adopted to respond to quality-of-life and convenience issues and do not result in increased water use. The limited impact of upgrading half-gallon per flush toilets to 1.6 gallons-per-flush is also negligible. This ordinance addresses processing concerns that have been identified since its adoption in April 2001.

BACKGROUND: At the February 19, 2004 meeting, the Board approved staff’s recommendation for modifications to Ordinance No. 98, the second bathroom ordinance. Following the meeting, staff prepared the following summary of the Board’s action:

1. Applications that were “in process” (e.g. had submitted fees for planning approval or building permits) by October 23, 2003 and planned to add a Master Bathroom using Ordinance No. 98 will be allowed to add the separate tub or shower for one fixture unit, but they will be required to install conservation incentives if possible to offset the fixture unit. For example, a property owner would need to install one or more of the following appliances to offset the one fixture unit if these appliances have not already been installed for credit: Ultra-low consumption washer, dishwasher, and/or instant-access hot water system.

2. Eligibility for the second bathroom (e.g. that the property was SFD on SFR) will be determined as of the effective date of Ordinance No. 98 (e.g. May 16, 2001).

3. The Master Bath Discount does not apply to Ordinance No. 98 bathrooms. A person can either offset or obtain water from a jurisdiction if they want to separate the tub and shower. They must pay the full price of the fixture, not the discounted price of one additional fixture unit.

4. If a person chooses to take advantage of Ordinance No. 98 to add a second bathroom, they will be limited to only two bathrooms. An applicant will not be able to add a third bathroom using other on-site credit. A person will have the option of permitting the Ordinance No. 98 bathroom with a water authorization when adding additional bathrooms in the future. This will be enforced by deed restriction.

5. Applicants who added a second bathroom within two years of Ordinance No. 98 (e.g. between April 16, 1999 and April 16, 2001) and who installed half-gallon per flush toilets to get a second bathroom, will be able to upgrade to 1.0 or 1.6 gallons per flush toilets if they still otherwise qualify for Ordinance No. 98 (e.g. the property is SFR and it is a SFD).

6. Ordinance No. 98 bathrooms must be installed within the existing primary residence. The second bathroom may not be installed in a garage, a granny unit, guest house, detached unit, etc.

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