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ITEM: |
PUBLIC
HEARINGS |
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12. |
CONSIDER APPEAL OF DISTRICT STAFF’S DECISION TO DENY A WATER
PERMIT PURSUANT TO MPWMD RULE 24-C, SPECIAL FIXTURE
UNIT ACCOUNTING – |
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Meeting
Date: |
February 24, 2005 |
Budgeted: |
N/A |
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From: |
David A.
Berger, |
Program/ |
N/A |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Gabriela
Ayala |
Cost Estimate: |
N/A |
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General Counsel Approval: Yes |
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Committee Recommendation: N/A |
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CEQA Compliance:
N/A |
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SUMMARY: Ms. Suzan Kelly is appealing a decision of the District’s staff denying a water permit for a second bathroom using the District’s “special fixture unit accounting” at her property at 167 Laurel Avenue in Pacific Grove. Ms. Kelly’s water permit application (received by the District on October 4, 2004) requests a permit for a second bathroom (pursuant to Rule 24-C) and one and a half additional bathrooms along with a kitchen sink and washer connection. One bathroom, the kitchen sink and the washer connection will be located in a new second dwelling unit on the site. The third and half bathroom and the other fixtures would be offset by using on site water credits. District staff denied the application because (1) it included more than two bathrooms, and (2) it became a multi-family residential site with the addition of a second unit. Approval of a permit that used the special fixture unit accounting that resulted in more than two bathrooms on a site would be contrary to District Rule 24-C. Also, approval of a permit that used the special fixture unit accounting on a multi-family site would also be contrary to District Rule 24-C. Ms. Kelly’s appeal application is attached as (Exhibit 12-A).
The special fixture unit accounting protocol that
allows the addition of a second bathroom (District Rule 24-C, amended by
Ordinance No. 114 and attached as (Exhibit 12-B) was amended in July 2004 to preclude
applications of this type. The ability
to add a second bathroom to a one bathroom home without the requirement to
offset the bathroom or obtain water from the jurisdiction, is voluntary and now
restricts the use of the “special fixture unit accounting” to applicants that
propose to have no more than two bathrooms.
In addition, the maximum two bathroom restriction applies until “the second bathroom is permitted by debit to a jurisdiction’s water
allocation.” Ordinance No. 114 was
adopted in May 2004 and was effective July 1, 2004.
The current water permit application was submitted to the City of Pacific Grove in June 2004. A previous permit application filed with the City in May 2002 did not include an apartment and could have been processed under the former special fixture unit accounting ordinance (No. 98) if the application had been submitted to the District before July 1, 2004. The current application (with a different project description than the 2002 application) was submitted to the District on October 4, 2004 and is subject to the current rules, including Ordinance No. 114, which limits properties taking advantage of the special fixture unit accounting to two bathrooms. If this appeal is denied, Ms. Kelly has the ability to proceed with her planned project by obtaining water from the City of Pacific Grove’s water allocation and utilizing on-site credits. Staff understands that Ms. Kelly is presently not on the City’s water waiting list. Alternatively, Ms. Kelly can downsize her planned project.
RECOMMENDATION: Staff recommends that the Board deny Ms. Kelly’s appeal and adopt the Findings of Denial attached as (Exhibit 12-C).
BACKGROUND: In April 2001, the District Board adopted Ordinance No. 98, the “Second Bathroom” ordinance, to allow the addition of a second bathroom to an existing single-family residential dwelling with only one bathroom without debiting the water allocation of the jurisdiction in which the residence was located. Specifically, Ordinance No. 98 modified District Rule 24-C, Residential Expansions, and created a “special fixture unit accounting” protocol that limited the water appliances that could be installed in a new second bathroom to a single water closet, a single standard tub or shower stall, or a single standard tub-shower combination, and one or two washbasins without debiting a jurisdiction’s water allocation for installation of the specified water fixtures. Ordinance No. 98 was adopted based on the assumption that a second bathroom in a home is primarily for convenience and would not significantly increase water use in the residence.
In May 2004, the District Board adopted Ordinance No. 114 to further modify District Rule 24-C and clarify the number of fixtures allowed by use of the special fixture unit accounting protocol. Ordinance No. 114 added the condition that use of the special fixture unit accounting protocol is voluntary and that any property owner who chooses to install a second bathroom under this special fixture unit accounting protocol is limited to two bathrooms, unless the second bathroom is permitted by debit to a jurisdiction’s water allocation. This condition was added to preclude property owners from using the “Second Bathroom” ordinance to add multiple bathrooms to their residences. If an owner of a single-family residence with one bathroom wishes to add more than a second bathroom, the owner must comply with the standard fixture unit accounting protocol and obtain water from the jurisdiction’s allocation or establish on-site water credits for the second bathroom before additional bathrooms can be added. Ordinance No. 114 went into effect on July 1, 2004.
12-A Application for Appeal
12-B Ordinance No. 114
12-C Findings of Denial
U:\staff\word\boardpacket\2005\2005boardpackets\20050224\PubHrgs\12\item12.doc