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WATER
DEMAND COMMITTEE |
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4. |
CONSIDER DRAFT ORDINANCE NO. 185, AMENDING
DISTRICT RULE 24 TO ALLOW SPECIAL FIXTURE UNIT ACCOUNTING FOR SECOND
BATHROOMS IN EXISTING DWELLING UNITS AND TO PERMANENTLY ADOPT SUB-METERING
REQUIREMENTS AND EXEMPTIONS FOR ACCESSORY DWELLING UNITS |
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Meeting Date: |
January 16, 2020 |
Budgeted: |
N/A |
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From: |
David J. Stoldt, |
Program/ |
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General Manager |
Line Item No.: |
N/A |
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Prepared By: |
Stephanie Locke |
Cost Estimate: |
N/A |
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General Counsel Review: To be completed prior to first reading. |
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Committee Recommendation: N/A |
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CEQA Compliance: An Initial Study will be prepared and
circulated prior to second reading. It
is anticipated that the impacts associated with the proposed change to Rule
24 will be similar to those considered when the
program was adopted. A Negative
Declaration was adopted for Ordinance No. 98. |
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SUMMARY: Rule 24-A-3, Second Bathroom Addition, was adopted by Ordinance No. 98 to facilitate a second full Bathroom in a Single-Family Residence that has less than two full Bathrooms without requiring a debit to an Allocation, Entitlement, or credit. The protocol was predicated on the CEQA finding that the second Bathroom did not increase water use. As stated in the Ordinance No. 98 findings: “The addition of a second Bathroom to an existing residence is primarily for the purpose of convenience.” To prevent the second bathroom from being added in an Accessory Dwelling Unit (ADU), the rule was written specifically that the second Bathroom must be added within an existing Single-Family Dwelling on a Single-Family Residential Site that existed prior to May 2001.
The proposed ordinance expands the second Bathroom protocol to all Dwelling Units[1] that were completed as of May 2001. This includes Single-Family Dwellings, Common Interest Developments (e.g. condominiums) and Multi-Family Dwelling Units. The addition of a Bathroom triggers the requirement to retrofit existing water fixtures, mechanically reducing water use.
The changes benefit those who have or want to take advantage of adding a second Bathroom and who want to build an ADU using water from a Jurisdiction’s Allocation or an Entitlement. The current rule limits the Site to two Bathrooms unless the second Bathroom is permitted by a debit to an Allocation. The proposed ordinance allows the second Bathroom to be unaffected by a new Dwelling Unit on the Site that is permitted using water from an Allocation, Entitlement or credit. This action facilitates the affordable housing that many Jurisdictions are eager to develop.
The draft ordinance also permanently adopts provisions related to sub-metering of ADUs that were adopted by urgency ordinance in August 2019. Ordinance No. 184 was adopted August 19, 2019 and will expire after one year. The proposed rule exempts all ADUs in existing structures from the requirement to sub-meter. The rule currently allows permanent sub-metering of one ADU, whereby the Owner will not be required to install a Water Meter when the current moratorium on new Connections is lifted.
After review by the Water Demand Committee, staff will prepare an Initial Study for circulation and consideration by the Board prior to adoption of the ordinance.
RECOMMENDATION: Staff recommends the Water Demand Committee support the adoption of Ordinance No. 185.
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