MEETING DATE: MARCH 9, 2004
ACTION
ITEM 3-C: DISCUSS ENVIRONMENTAL REVIEW OF DRAFT ORDINANCE NO. 114, AMENDING RULE 24
TO CLARIFY SPECIAL FIXTURE UNIT ACCOUNTING FOR SECOND BATHROOMS
SUMMARY: At the February 19, 2004 meeting, the Board approved staff’s recommendation for modifications to Ordinance No. 98, the second bathroom ordinance. The Water Demand Committee reviewed this item on January 20, 2004 and supported staff’s recommendation, with the exception of #2, the eligibility date, where the committee had no position.
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.
Prior to bringing new ordinances
to the Board, staff’s goal is to complete the CEQA review process. In this regard, staff and District Counsel
met to discuss the CEQA process for Preliminary Draft Ordinance No. 114
(attached as Exhibit C-1), an
ordinance to clarify special fixture
unit accounting for second bathrooms.
The proposed ordinance 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 and 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.
RECOMMENDATION: Staff recommends the Water Demand Committee agree that the District should proceed with preparation of an Initial Study and Negative Declaration for Draft Ordinance No. 114. The proposed ordinance clarifies existing rules that were adopted to respond to quality-of-life and convenience issues and that 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.
BACKGROUND: CEQA evaluation is a requirement of any ordinance considered by the District. To avoid criticism, the District has instituted a new procedure whereby the CEQA evaluation will be completed up front, prior to Board consideration of an ordinance.
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