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ITEM: PUBLIC
HEARING |
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11. |
CONSIDER ADOPTION OF ORDINANCE NO. 196, AN URGENCY 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 19, 2024 |
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: In August 2023, the Board adopted Urgency Ordinance No. 193 to clarify 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. At the time, staff had become 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 a new 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 way the current rule is written would permit the addition of water fixtures to create a second Bathroom, this action defies the California Environmental Quality Act (CEQA) finding adopted by the Board of Directors that the addition of a second bathroom is for convenience only and has no impact on water use. Therefore, clarification to the rule was needed immediately.
Staff intended to codify the amendment made by Ordinance No. 193 during the past year. That didn’t happen, and that necessitates the need to adopt another urgency ordinance to keep the amendment in place until it can be codified later this fiscal year. An urgency ordinance sunsets after one year.
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 will be bringing a non-urgency ordinance to permanently implement the clarifications later this year, along with a number of other planned amendments to the rules.
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 disqualifies a Dwelling Unit from using the second Bathroom protocol to reinstall fixtures due to the CEQA Finding adopted by the Board with the adoption and amendments to the rule. 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).
11-A Draft Urgency Ordinance No. 196
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Hearing\11\Item-11.docx