WATER DEMAND COMMITTEE

ITEM:		ACTION ITEMS
5.	CONSIDER RECOMMENDATION TO BOARD ON ADMINISTRATIVE PRACTICE FOR PROCESSING PROJECTS IN PROCESS THAT UTILIZE THE SPECIAL FIXTURE UNIT ACCOUNTING (I.E. SECOND BATHROOM ORDINANCE) TO ADD A SECOND BATHROOM AND THAT ALSO PROPOSE TO OFFSET AN ADDITIONAL BATHROOM BY INSTALLING LOW CONSUMPTION APPLIANCES
Meeting Date:			August 10, 2004		Budgeted:	N/A
From:			David A. Berger,		Program/	N/A
			General Manager		Line Item No.:
Prepared By:			Stephanie Pintar		Cost Estimate:	N/A
General Counsel Approval:				N/A
Committee Recommendation:				N/A
CEQA Compliance:				N/A

SUMMARY: Ordinance No. 114, adopted May 17, 2004, implemented a restriction of two bathrooms on properties that utilize the special fixture unit accounting (second bathroom ordinance). Staff has recently become aware of several applications still in process with the jurisdictions that include fixtures in addition to the second bathroom (e.g. the applicant is adding a second bathroom pursuant to the special fixture unit accounting and also plans to install ultra-low consumption appliances to offset a third bathroom). Prior to Ordinance No. 114, offsetting a third bathroom was allowed.

Staff is seeking authorization from the Board to implement a practice for “in process” applications. That is, if an applicant can demonstrate that the application had been submitted to the jurisdiction and had paid the application fees prior to May 17, 2004, the project would be processed under the former rules. This practice is consistent with other action taken by the Board prior to adoption of Ordinance No. 114, whereby the Board authorized staff to administratively process “in process” applications for the second bathroom that included the master bathroom water fixtures. Ordinance No. 114 also eliminated the ability to obtain a reduced fixture count when using the special fixture unit accounting to add a large tub and a separate shower in the second bathroom.

RECOMMENDATION: Staff requests that the Water Demand Committee recommend that the Board support the practice of using the former rules to process water permits for projects affected by the new regulations of Ordinance No. 114 if the applicant can provide evidence of (1) having submitted the project plans, and (2) having paid fees to the jurisdiction prior to the adoption date of the ordinance.

Staff will be requesting Board approval of this practice as a Consent Calendar item at the August 16, 2004 meeting.

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