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ITEM: |
PUBLIC HEARING |
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14. |
CONSIDER ADOPTION OF URGENCY
ORDINANCE NO. 193, AN ORDINANCE OF
THE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
CLARIFYING RULE 24, SECOND BATHROOM PROTOCOL |
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Meeting Date: |
August 21, 2023 |
Budgeted: |
N/A |
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From: |
David Stoldt, |
Program/ |
N/A |
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General Manager |
Line-Item No.: |
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Prepared By: |
Stephanie Locke |
Cost Estimate: |
N/A |
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General Counsel Review: Yes. |
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Committee Recommendation: N/A |
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CEQA
Compliance: This ordinance is exempt
from the California Environmental Quality Act pursuant to CEQA Guidelines
Section 15301, Existing Facilities, as these amendments relate to permitting
and alterations of existing facilities.
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SUMMARY: Urgency Ordinance No. 193 clarifies that when fixtures in a second Bathroom are removed to add water fixtures elsewhere, the Dwelling Unit no longer qualifies to use the Rule 24 second Bathroom protocol. Staff has recently been made aware of two instances where water fixtures in a second Bathroom were removed and used as a Water Credit to offset new water fixtures in an Accessory Dwelling Unit and in a new home on an adjacent Parcel (new Users). The property owners are now (years later) contemplating installing water fixtures to create a second Bathroom under the Rule 24 Second Bathroom Addition protocol. Although the current language of the rule would permit the addition of water fixtures to create a second Bathroom, this action defies the California Environmental Quality Act (CEQA) finding that the addition of a second bathroom is for convenience only and has no impact on the use of water. Therefore, clarification to the rule is needed immediately.
An urgency ordinance takes effect immediately upon a single reading if it is approved by at least five (5) members of the Board. The ordinance will sunset one year after enactment. Staff recommends the Board consider a follow-up, non-urgency ordinance to permanently implement the clarifications.
RECOMMENDATION: The Board should adopt the urgency ordinance to immediately clarify that the removal of Bathroom fixtures used as a Water Credit to offset other water uses should disqualify a Dwelling Unit from use of the second Bathroom protocol. This is an urgency ordinance. To be adopted as an urgency measure, the ordinance must be approved by at least five members of the Board.
BACKGROUND: The second bathroom protocol is available to existing Dwelling Units (less than four units on a Site) built prior to 2001 that have less than two Bathrooms. The second Bathroom protocol fixtures can only be added within the existing Dwelling Unit and do not debit an Allocation, Entitlement, or Water Credit. The provisions are elective, and the protocol was adopted by the Board with a CEQA finding that adding a second Bathroom was for convenience and did not impact water use within the Dwelling Unit. Those choosing to use the special fixture unit accounting are deed restricted to two Bathrooms the second Bathroom is fully permitted (e.g. water is debited from a Jurisdiction’s Allocation, Entitlement, or have Water Credits to offset the added fixtures).
14-A Draft Urgency Ordinance No. 193
U:\staff\Boardpacket\2023\20230821\Public
Hearings\14\Item-14.docx