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RULES AND
REGULATIONS REVIEW COMMITTEE |
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3. |
REVIEW ORDINANCE 114 "SPECIAL FIXTURE UNIT ACCOUNTING"
RULES |
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Meeting
Date: |
April 5, 2005 |
Budgeted: |
N/A |
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From: |
David A.
Berger, |
Program/ |
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General
Manager |
Line Item No.: |
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Prepared
By: |
Stephanie
Pintar |
Cost Estimate: |
N/A |
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General Counsel Approval: N/A |
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Committee
Recommendation: N/A |
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CEQA Compliance:
N/A |
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SUMMARY: At its February 24, 2005 meeting, the Board of Directors considered and denied two appeals related to Rule 24-C, Special Fixture Unit Accounting. As a result of the recent appeals, the Rules and Regulations Committee was tasked with reviewing the rule and determining if any modifications need to be made.
RECOMMENDATION: Staff recommends no changes to Rule 24-C. This rule was revised less than one year ago after extensive review by staff, the Board and the Water Demand Committee.
BACKGROUND: The “special fixture unit accounting” that allows a second bathroom in a one-bathroom single-family residence was originally enacted by Ordinance No. 98 in April 2001. Ordinance No. 98 allowed the addition of a second bathroom to an existing one bathroom single-family dwelling without debiting the jurisdiction’s water allocation. The ordinance was adopted on April 16, 2001 to respond to modern quality-of-life standards that recognize that a second bathroom in a home is primarily for convenience and would not add significant water use. The rule was modified on July 1, 2004 with the adoption of the Second Bathroom Clarification Ordinance (Ordinance No. 114). Attached as Exhibit 3-A is a copy of Rule 24-C as amended by Ordinance No. 114. Ordinance No. 114 (Exhibit 3-B) was adopted in May 2005 after three public hearings before the Board and with the input of the Water Demand Committee. Related staff reports and minutes are attached as Exhibits 3-C through 3-H.
Prior to adopting Ordinance No. 114 in May 2004, the Board and the Water Demand Committee extensively reviewed the rule enacted by Ordinance No. 98. Revisions to the rule to clarify the qualifications for the “free” second bathroom were approved by the Board in Ordinance No. 114. Several amendments to the “special fixture unit accounting” were made by Ordinance No. 114, included the provision that the use of the “special fixture unit accounting” was voluntary, and if a property owner elected to take advantage of the rule, the property would be restricted to a maximum of two bathrooms. Another revision was that the second bathroom could only be added within an existing dwelling unit only; it could not be added to a garage or guest house. These two amendments resulted in the appeals heard by the Board at the February 24, 2005 Board meeting.
3-A Rule 24-C, Special Fixture Unit Accounting
3-B Ordinance No. 114
3-C Staff Report and Minutes from May 17, 2004 Board of Directors Meeting
3-D Staff Report and Minutes from April 19, 2004 Board of Directors Meeting
3-E Staff Report and Minutes from February 19, 2004 Board of Directors Meeting
3-F Staff Report and Minutes from January 20, 2004 Water Demand Committee Meeting
3-G Staff Report and Minutes from December 15, 2003 Board of Directors Meeting
3-H Staff Report and Minutes from June 24, 2003 Water Demand Committee Meeting
U:\staff\word\committees\RulesRegsReview\2005\20050405\03\item3.doc