Finding #6 has been added
to reiterate that the District's retrofit requirements apply to all permits
issued under Ordinance No. 98:
D. CONSIDER FIRST READING
OF ORDINANCE NO 98 - AN ORDINANCE OF
THE BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
AMENDING RESIDENTIAL WATER FIXTURE UNIT VALUES
| Meeting Date: March
19, 2001
Staff Contact: Stephanie Pintar General Counsel Approval: N/A
|
Budgeted: No
Program/Line Item No.: N/A Cost Estimate: No Cost Anticipated |
SUMMARY: The Board will consider the first reading of draft Ordinance No. 98 (Exhibit 1), which revises existing residential water use fixture criteria as set forth in Rule 24. The ordinance would allow the addition of a second bathroom to an existing one bathroom residential dwelling without debiting the jurisdiction's water allocation. This ordinance responds 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 ordinance was prepared by District Counsel at the direction of Chairperson Erickson, based on a November 17, 2000 written request by Director Lindstrom (Exhibit 2).
Draft Ordinance No. 98 was circulated for 30-day CEQA review on December 15, 2000 via an Initial Study/proposed Negative Declaration (Exhibit 3). The comment period was extended at the request of the chairperson until February 2, 2001 to allow further discussion. The initial study concludes that there would be no significant impacts to the environment from approval of this ordinance. No comments on the Initial Study were received by the District.
RECOMMENDATIONS: Staff recommends that the Board take the following action regarding Ordinance No. 98:
PRIOR BOARD ACTION: None.
DISCUSSION: The following changes from the draft text circulated in early December 2000 to the current version (February 27, 2001) include:
Finding #6 has been added
to reiterate that the District's retrofit requirements apply to all permits
issued under Ordinance No. 98:
6. The additional of a bathroom by this ordinance shall trigger District Rule 144-B, Mandatory Retrofit Upon Expansion of Use.
Finding #7 has been added to clarify
that the ordinance only applies to single-family residential sites with
only one full bathroom. The ordinance does not apply to multi-family
sites or residential sites with more than one dwelling unit:
7. This ordinance shall allow the addition of a single bathroom to a one bathroom single-family residential site that has or had no more than one dwelling unit as defined by the District Rules and Regulations.
Finding #8 has been added to clarify
that the ordinance applies to single-family dwelling units on single-family
sites that have been demolished if there is a valid Water Use Credit for
the demolition on the site:
8. A valid Water Use Credit for the permanent abandonment of a one bathroom single-family dwelling unit shall be regarded as an existing dwelling unit and shall allow the reconstruction of single-family dwelling unit with the addition of the water fixtures allowed by this ordinance.
The ordinance allows the addition
of a second sink in the bathroom addition, if the bathroom addition is
considered the "master bathroom." This is consistent with Rule 24.
The language in the ordinance
that amends District Rule 24 specifies that the special accounting applies
only to single-family residential sites and does not apply to multi-family
dwellings or multi-family residential sites. Changes are shown in
italics:
Special fixture unit accounting shall apply to any expansion application that proposes to add a second bathroom to an existing single-family dwelling unit on a single-family residential site that, prior to the application, has only one bathroom. This accounting protocol shall be limited, and shall apply only to the following water appliances if these are installed in a new second bathroom as an expansion of an existing single family dwelling unit: (a) a single water closet, and (b) a single standard tub, or single shower stall, or a single standard tub-shower combination, and (c) one or two wash basins. This special fixture unit accounting shall further apply on a pro rata basis to any expansion application that proposes to add one or more of the referenced water appliances to an existing second bathroom that lacks that same appliance within an existing single-family residential site that, prior to the application, has less than two full bathrooms. The special fixture unit accounting referenced above shall not apply to any multi-family dwelling or multi-family residential site. This special fixture unit accounting shall apply only to newly constructed dwelling units that have a finaled building permit as of the effective date of this ordinance.IMPACT ON STAFF/RESOURCES: Ordinance No. 98 will increase the number of new and amended water permit applications received and processed by the District, including additional inspections to verify eligibility and compliance. Amendments to permits where the applicant has agreed to install water-saving appliances will require amended deed restrictions and notarizations by District staff. Persons may apply for the bathroom allowed by this ordinance and apply at the same time to add new bathrooms or fixtures using water-saving appliances or by eliminating other water fixtures to offset the new fixtures. If staff is to track the permits issued under Ordinance No. 98, separate permits for each bathroom would be necessary with the District's current permit computer program. The District's Information Technology Manager will need to update the permit database to separately track Ordinance No. 98 permits. The ordinance will also increase the number of telephone calls and personal contacts in the Water Demand Division.
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