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EXHIBIT 3-D |
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ITEM: |
PUBLIC
HEARINGS |
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11. |
CONSIDER FIRST |
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Meeting
Date: |
April 19,
2004 |
Budgeted: N/A |
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Staff
Contact: |
Stephanie
Pintar |
Program/Line
Item No.: N/A |
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Cost
Estimate: N/A |
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General
Counsel Approval: General Counsel has
reviewed the proposed ordinance. |
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Committee Recommendation: The Water Demand Committee reviewed the
proposed ordinance on March 9, 2004. |
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CEQA Compliance:
Negative Declaration. Ordinance
No. 114 has no significant effect on the environment. |
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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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Draft Minutes – MPWMD Board of Directors – Regular Board Meeting – April 19, 2004 |
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Director
Potter offered a motion to approve the first reading of Ordinance No. 114
with the edit proposed by staff to add a sentence to page 87, subparagraph
(2) to read,” The Master Bathroom fixture unit value shall not apply to
applications proposing to utilize the Special Fixture Unit Accounting allowed
by Rule 24 C (1) ( c). The sole
exception shall be those applications that proposed the Master Bathroom
fixture unit value in the second bathroom and where fees were paid for a
planning or building permit application for that project before October 23,
2003. Permits issued under this
provision shall require installation of low water use plumbing fixtures to
the maximum extent practical to offset one additional fixture unit. This exception shall expire on December 31,
2004.”, and to adopt the Findings and Negative Declaration. Director
Foy seconded the motion. Director
Markey offered an amendment to add language to the end of Item 5 of the draft
Ordinance No. 114 to read, “This ordinance specifies the date a property
must have met the definition of a Single-Family Dwelling on a Single-Family
Residential Site to qualify for the special fixture unit accounting to add a
second bathroom under Rule 24 with no net increase in water use. Director
Markey offered an amendment to her previous amendment so that Item 5 would
read, “This ordinance specifies the date a property must have met the
definition of a Single-Family Dwelling on a Single-Family Residential Site to
qualify for the special fixture unit accounting to add a second bathroom
under Rule 24 with de minimis increase in water
use.” Directors Potter and Foy
accepted the amendment. The amended
motion was approved on a roll call vote of 6 – 0. Director Knight was absent from discussion
and vote on this item. The following comments were directed to the Board
during the public hearing on this item.
(1) Virginia Collester, resident of |
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PUBLIC HEARINGS 11. Consider First Reading of Ordinance No. 114 – An Ordinance of the Monterey Peninsula Water Management District Amending District Rules 24 to Clarify Special Fixture Unit Accounting for Second Bathrooms and Consider Adoption of Negative Declaration |
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