EXHIBIT 14-A

DRAFT

ORDINANCE NO. 112

 

AN ORDINANCE OF THE BOARD OF DIRECTORS

OF THE

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT

AMENDING BASELINE WATER CONSERVATION REQUIREMENTS AND AMENDING RULES 11, 142, AND 144

 

FINDINGS

 

1.      The Monterey Peninsula Water Management District is charged under the Monterey Peninsula Water Management District Law with the integrated management of the ground and surface water resources in the Monterey Peninsula area.

 

2.      The Water Management District has general and specific power to cause and implement water conservation activities as set forth in Sections 325 and 328 of the Monterey Peninsula Water Management District Law.

 

3.      This ordinance amends the water conservation requirements for new construction, additions and remodels to increase water conservation savings.

 

4.      This ordinance amends the mandatory retrofit requirements for change of ownership and use, and expansion of use to increase water conservation savings.

 

5.      This ordinance amends and clarifies water fixture definitions to more accurately account for water use, and to promote water conservation.

 

6.      The terms defined in this ordinance clarify operations of the existing water permit process.

 

7.      New water conservation equipment and retrofits have become reasonably available since the District adopted its mandatory water conservation regulations in 1987 and since requirements for visitor-serving commercial facilities were added in 1997.  This ordinance recognizes newer water conservation technology.

 

8.      The District recognizes that additional water conservation retrofits are essential to meet the restrictions of California State Water Resources Control Board Order No. 95-10.  This ordinance increases water conservation on the Monterey Peninsula to maintain water use within the limits set by Order No. 95-10.

 

9.      This ordinance shall revise, amend and republish Rules 11, 142 and 144 of the Rules and Regulations of the Water Management District.

 

10.  This ordinance shall be reviewed and approved under CEQA (California Environmental Quality Act) based upon a Negative Declaration.

NOW THEREFORE be it ordained as follows:

 

 

ORDINANCE

Section One:               Short Title

 

This ordinance shall be known as the MPWMD 2003 Baseline Conservation Ordinance.

 

Section Two:               Purpose

 

This ordinance amends the water conservation requirements for new construction, additions and remodels, and amends the mandatory retrofit requirements for change of ownership or use and expansion of use.

 

Section Three:           Amendment of Rule 11, Definitions

 

District Rule 11, Definitions, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added.  Additional words used in this ordinance are defined in Rule 11. 

 

  1. BAR SINK - “Bar Sink” shall mean a secondary water basin, 15” x 13” or smaller.  The term “bar sink” shall have the same meaning as “entertainment sink” and “vegetable sink.”

 

  1. BIDET - “Bidet” shall mean a bathroom fixture designed for bathing the external genitals and the posterior parts of the body and may include horizontal and vertical sprays.

 

  1. BODY SPRAY NOZZLE - “Body Spray Nozzle” shall mean an individual water nozzle designed to emit water at various levels within a shower.  A body spray nozzle shall have the same fixture unit count as a showerhead.

 

4.      CISTERN SYSTEM - “Cistern System” shall mean one or more water tanks that are integrated into an irrigation system and connected to a rainwater collection system.

 

  1. CUSTOM SHOWER - “Custom Shower” shall mean a system consisting of valves, water outlets, volume controls, showerheads, hand showers and/or body sprays used in a bathtub or shower.  The term “custom shower” shall have the same meaning as “shower system.”

 

  1. DISHWASHER - “Dishwasher” shall mean a permanently installed appliance with a water connection used to wash dishes.

 

7.      DRIP IRRIGATION - “Drip Irrigation” shall mean a low pressure, low volume irrigation watering system that applies water applied slowly to plants, near or at ground level, to minimize runoff and loss to evaporation.  The term “drip irrigation” shall have the same meaning as “micro irrigation” and “trickle irrigation.”

 

  1. ENTERTAINMENT SINK - “Entertainment Sink” shall mean a secondary water basin, 15” x 13” or smaller.  The term “entertainment sink” shall have the same meaning as “bar sink” and “vegetable sink.”

 

  1. EXPANSION OF USE - “Expansion of Use” shall mean the addition of any water fixture and/or increase to existing floor area.

 

10.  HOT WATER DEMAND PUMPING SYSTEM - “Hot water demand pumping system” shall mean electric water pumping systems that quickly (typically within 30 seconds) bring hot water to the fixture by drawing water from the hot water tank and returning ambient house temperature water back to the hot water tank where it is heated.  When a predetermined set point temperature (usually 5°F above room temperature) in the line near the fixture is reached, the pump stops automatically and hot water is thereby available at the faucet. The pump may be operated by a switch placed next to the fixture or by a remote control.  Hot water demand pumping systems shall have the U.S. Environmental Protection Agency Energy Star rating to qualify for a rebate.

 

11.  IRRIGATION SYSTEM - “Irrigation System” shall mean a device or combination of devices having a hose, pipe or other type of conduit installed in the landscape which transmits water, and through which device or combination of devices, water is drawn and applied to residential, industrial or commercial lawns, landscapes or green space.

 

12.  INSTANT‑ACCESS HOT WATER SYSTEM - “Instant-Access Hot Water System” shall mean any device or system, which is capable of supply supplying hot water at each hot water access point in the structure within six ten (6 10) seconds of demand.

 

  1. KITCHEN SINK - “Kitchen Sink” shall mean a single large water basin or multiple interconnected basins located in a kitchen.

 

  1. LAUNDRY SINK - “Laundry Sink” shall mean a water basin with a utilitarian use that is approximately 18” deep.  A water basin connected to a dishwasher or containing a garbage disposal shall not be a “utility sink,” but instead shall be a “kitchen sink.”  The term “laundry sink” shall have the same meaning as “utility sink.”

 

  1. LAVATORY SINK – “Lavatory Sink” shall mean a single plumbed washbowl or sink intended for hand or face washing. The term “lavatory sink” shall be given the same meaning as the term “washbasin.”

 

  1. LEGAL LOT OF RECORD – “Legal Lot of Record” shall mean a lot resulting from a subdivision of property in which the final map has been recorded in Cities and Towns, or in which the parcel map has been recorded in Parcels and Maps or Records of Surveys.  The following exemptions to this definition are determined to be legal lots:  (1) Subdivision maps filed prior to March 4, 1972 and subsequently approved by the local agency, or (2) subdivisions exempted from map requirements by a Certificate of Exemption, or the equivalent, applied for prior to March 4, 1972, and subsequently issued by a local agency pursuant to local ordinance, or (3)lots for which a Certificate of Compliance has been issued by the local agency that indicates the local agency has determined that the property complies with the Subdivision Map Act and local ordinances enacted pursuant to the Subdivision Map Act, or (4) lots declared legal by local ordinance shall be deemed established on the date the map or certificate was filed with the local agency.

 

17.  LOW WATER‑USE PLUMBING FIXTURES - “Low Water-Use Plumbing Fixtures” shall mean any toilets using a maximum of 1.6 gallons per flush; showerheads, rain bars, or body sprays designed to emit a maximum of 2.5 gallons per minute (gpm) of water; faucet aerators designed to emit a maximum of 2.2 gallons per minute; ultra-low consumption dishwashers; ultra-low consumption washing machines; and instant‑access hot water systems.

 

18.  MICRO IRRIGATION - “Micro Irrigation” shall mean a low pressure, low volume watering system that applies water slowly to plants, near or at ground level, to minimize runoff and loss to evaporation.  The term “micro irrigation” shall have the same meaning as “drip irrigation” and “trickle irrigation.”

 

  1. RAIN BAR - “Rain Bar” shall mean a length of pipe with multiple water emitters installed in a shower or above a bathtub to bathe various areas of the body. 

 

20.  RAIN SENSOR - “Rain Sensor” shall mean a device that measures rainfall and overrides the irrigation cycle of an irrigation system, thus turning the irrigation system off, when a predetermined amount of rain has fallen.

 

  1. SHOWER SYSTEM - “Shower System” shall mean a system consisting of valves, water outlets, volume controls, showerheads, hand showers and/or body sprays used in a bathtub or shower.  The term “shower system” shall have the same meaning as “custom shower.”

 

  1. SHOWER, EACH ADDITIONAL FIXTUR -  “Shower, Each Additional Fixture” shall mean the second and any additional showerhead, rain bar, or body spray nozzles, installed above a bathtub or in a separate stall shower. 

 

  1. SHOWER, SEPARATE STALL  - “Shower, Separate Stall” shall mean an enclosure that contains one showerhead and is neither a standard bathtub nor a large bathtub.

 

  1. SHOWERHEAD - “Showerhead” shall mean a fixture in which water is sprayed on the bather in fine streams from a showerhead, usually secured overhead.

 

  1. STANDARD BATHTUB - “Standard Bathtub” shall mean a tub for bathing that holds no more than 55 gallons of water to the overflow drain.  Manufacturer’s specifications shall be acceptable evidence of the water capacity of the tub for the purpose of this definition.  (See Large Bathtub for bathtubs holding more than 55 gallons of water).

 

  1. SWIMMING POOL - “Swimming Pool” shall mean a permanent fixture filled with water and used for swimming.

 

27.  TRICKLE IRRIGATION - “Trickle Irrigation” shall mean a low pressure, low volume watering system that applies water slowly to plants, near or at ground level, to minimize runoff and loss to evaporation.  The term “trickle irrigation” shall have the same meaning as “drip irrigation” and “micro irrigation.”

 

  1. URINAL - “Urinal” shall mean a fixture, typically attached upright to a wall, used by men for urinating. 

 

  1. UTILITY SINK - “Utility Sink” shall mean a water basin with a utilitarian use that is approximately 18” deep.  A water basin connected to a dishwasher or containing a garbage disposal shall not be a “utility sink,” but instead shall be a “kitchen sink.” The term “utility sink” shall have the same meaning as “laundry sink.”

 

  1. VEGETABLE SINK - “Vegetable Sink” shall mean a secondary water basin, 15” x 13” or smaller.  The term “vegetable sink” shall have the same meaning as “bar sink” and “entertainment sink.”

 

  1. WASHBASIN - “Washbasin” shall mean a single plumbed washbowl or sink intended for hand or face washing.  The term “washbasin” shall be given the same meaning as the term “lavatory sink.”

 

  1. WASHING MACHINE - “Washing Machine” shall mean an appliance for washing clothing or linens.

 

  1. WATERLESS URINAL - “Waterless Urinal” shall mean a fixture, typically attached upright to a wall, used by men for urinating, that uses no water by replacing the water flush with a specially designed trap that contains a layer of immiscible liquid that floats above a urine layer, blocking sewer gas and urine odors from the room. 

 

Section Four:       Amendment of Rule 142, Plumbing Fixtures for New Construction

 

District Rule 142, Plumbing Fixtures for New Construction, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

 

      RULE 142     PLUMBING FIXTURES FOR NEW CONSTRUCTION LOW WATER USE PLUMBING FIXTURES  AND WATER CONSERVATION STANDARDS

 

A.     Low Water Use Plumbing Fixtures.  All new construction, as defined herein, shall be exclusively equipped with low water‑use plumbing fixtures. as defined by this ordinance and shall further use washbasin faucet aerators with a maximum flow rate of 2.5 gallons per minute wherever feasible.  These fixtures Low water use plumbing fixtures and water conservation requirements and standards shall be installed and maintained as set forth in this Rule, and shall not be replaced with fixtures which allow greater water use. 

 

B.     Effective Date.  Complete water permit applications received on or after November 1, 2004 shall be subject to the requirements of Rule 142 as enacted by Ordinance No. 112.  Complete water permit applications received prior to November 1, 2004 shall be processed under the former Rule 142.

 

C.     Mandatory Water Conservation Standards.  The following water conservation standards shall apply to an entire facility at such time as this requirement is triggered by new construction, change of ownership or use, or expansion of use. 

 

                                                            1.      Toilets shall be designed to flush with a maximum of 1.6 gallons-per-flush;

 

                                                            2.      Showerheads, rain bars, or body spray nozzles shall not be installed if the fixture is designed to emit more than 2.5 gallons per minute of water;

 

                                                            3.      Faucets shall not emit more than 2.2 gallons of water per minute;

 

                                                            4.      Instant-access hot water systems for residential uses;

 

                                                            5.      Automatic irrigation systems shall be installed for all new construction;

 

                                                            6.      Drip irrigation shall be installed for watering all non-turf plantings when an irrigation system is installed;

 

                                                            7.      Rain sensors shall be installed on all existing irrigation systems and shall be mandatory when the project involves new construction or the addition of water fixtures;

 

                                                            8.      Rainwater collection and cistern systems shall be installed to supplement irrigation when new construction occurs on a vacant legal lot of record;

 

                                                            9.      Change of ownership or use or expansion of use shall not be subject to the requirement to install rainwater collection and cistern systems.

 

D.    Residential Water Fixture Standards.  Residential new construction, and residential properties transferring title for change of ownership on or after January 1, 2006, shall not include any of the following fixtures:

 

                                                            1.      Dishwashers designed to use more than 7.66 gallons-per-cycle on any cycle;

 

                                                            2.      Washing machines designed to use more than 28 gallons-per-cycle on any cycle.

 

E.     Commercial, Industrial and Public Authority Water Conservation Requirements.  New construction of commercial, industrial and public authority uses shall include the following fixtures:

 

                                                            1.      Automatic sensor faucets or self-closing faucets where there is more than one washbasin in a room;

 

                                                            2.      Automatic shut-off or timer controlled showers in rooms with multiple showers.  Showers shall be set to operate for a maximum of three minutes per cycle;

 

                                                            3.      Instant-access hot water systems when the building includes a hot water system.

 

F.     Commercial, Industrial and Public Authority Water Use Standards.  New construction, change of use or intensification of use, or remodels of commercial, industrial and public authority uses shall not include any of the following fixtures:

 

                                                            1.      Evaporative coolers without recirculating pumps;

 

                                                            2.      Water cooled refrigeration and cooling systems;

 

                                                            3.      Urinals designed to flush with water.

 

 

Section Five:       Amendment of Rule 144, Retrofit Upon Change of Ownership or Use

 

District Rule 144, Retrofit Upon Change of Ownership or Use, shall be amended as follows, where the portion set forth in strikeout type (strikeout) is deleted and the portion set forth in italicized and bold face type (bold face) is added:

 

       RULE 144    RETROFIT UPON CHANGE OF OWNERSHIP OR USE

 

A.         MANDATORY RETROFIT UPON CHANGE OF OWNERSHIP OR USE

 

All plumbing fixtures in existing structures, including residential, commercial, industrial, and public authority structures shall, at the time of change of ownership or change of use, be retrofitted, if not already so, exclusively with low water use plumbing fixtures and shall comply with water conservation standards and requirements described in as define by Rule 142 this ordinance.  These fixtures shall be installed and maintained, and shall not be replaced with fixtures which allow greater water use.

 

 

 

 

B.          MANDATORY RETROFIT UPON EXPANSION OF USE

 

All residential, commercial, public authority, and industrial reconstruction, remodels or additions that add any bathroom water fixture(s), and/or increase floor area of existing structures by twenty‑five percent (25%) or greater of the existing floor area shall meet "New Construction" low water‑use plumbing fixtures and water conservation standards and requirements described in  as listed defined by Rule 142 this ordinance for the entire facility, including retrofitting of plumbing fixtures within existing structures.

 

C.          RETROFIT EXEMPTIONS

 

Ultra-low consumption dishwashers; ultra-low consumption washing machines; drip irrigation; rain sensors on all automated irrigation systems; and instant‑access or hot water demand pumping systems shall not be required upon change of ownership or use until January 1, 2006. 

 

Rainwater collection and cistern systems shall not be required upon change of ownership or use or upon expansion of use.

 

D.         PROOF OF RETROFIT UPON CHANGE OF OWNERSHIP

 

Before the transfer of title for any change of ownership, defined by this ordinance, of real property within the District, the selling owner(s) or his authorized agent shall, in the form and manner specified by the District General Manager, certify compliance with the retrofit requirements of this rule ordinance by one of the following methods:

 

1.      Certify that the plumbing permit obtained in relation to plumbing fixture installation shows compliance with this ordinance.  This certification shall be forwarded to the District; or

 

1.      Provide the District with Certify that an a certified inspection report or other appropriate report (the General Manager shall maintain a list of individuals qualified to provide this report) which that verifies installation of low water‑use plumbing fixtures throughout the structure, as required by this rule ordinance.  This certification shall be forwarded to the District; or

 

2.      Provide certify documentation to the District that the building inspection by from the city or county building official that indicates certifies installation of low water‑use fixtures throughout the structure, as required by this rule ordinance.  This certification shall be forwarded to the District; or

 

3.      Provide owner certification Certify that plumbing fixtures throughout the structure have been retrofitted in compliance with this rule ordinance.  The buyer or seller shall forward a A copy of this certification, together with a dated copy of the purchase receipt for each low water‑use fixture, and a dated copy of the labor contract, or statement of self‑installation, which evidences complete installation, shall be forwarded to the District by the buyer or seller.  The District may verify owner certification by an onsite inspection; or

 

4.      The General Manager may conditionally waive the proof of retrofit before close of escrow transfer of title requirement of this section where the seller and buyer certify that the structure will begin to be remodeled or modified within one hundred and twenty (120) days of the transfer of title close of escrow, that the structure will be exclusively retrofitted with low water‑use plumbing fixtures upon completion of construction, and the new owner shall both contact and allow inspection of the property by District staff or its authorized agent within 365 days of the transfer of title.

 

It shall be a violation of this rule ordinance for any buyer or seller to transfer title to instruct an escrow agent to close escrow for any sale of property in the District which that does not comply with Subdivision D of this rule.

 

This Subdivision D shall not impose any affirmative or discretionary duty upon an escrow agent, acting in the capacity of escrow officer.  Nothing in this rule ordinance shall be construed, either expressly or by implication, to provide for a criminal proceeding or create a civil liability against a title insurance company, as defined in Insurance Code Section 12340.10, or an underwritten title company, as defined in Insurance Code Section 12402, or their officers, directors, or employees, by reason of an alleged violation of this rule ordinance by a party or parties to an escrow at such a corporation.

 

E.          PROOF OF RETROFIT UPON CHANGE OF USE

 

Prior to the change of use of any residential, commercial, industrial, or public authority buildings or part of a building, the owner of record or his agent shall certify in writing to the Monterey Peninsula Water Management District that prior to such change of use of the structure, the owner has complied with this ordinance, including all plumbing fixture retrofitting requirements.  that plumbing fixtures throughout the structure entire facility have been retrofitted in compliance with this rule ordinance.  The property owner shall forward (1) a copy of this certification, together with (2) a dated copy of the purchase receipt for each low water‑use plumbing fixture, and (3) a dated copy of the labor contract or statement of self‑installation that evidences complete installation of all required fixtures, to the District.  The District shall retain authority to verify owner certification by an onsite inspection.  Change in use of such buildings made prior to submission of such written certification to the General Manager shall constitute a violation of this rule ordinance.

 

 

Section Six:                Publication and Application

 

The provisions of this ordinance shall cause the republication and amendment of the permanent Rules and Regulations of the Monterey Peninsula Water Management District. 

 

Section Seven:                       Effective Date and Sunset

 

This ordinance shall take effect at 12:01 a.m. on March 1, 2004. 

 

This Ordinance shall not have a sunset date. 

 

Section Eight:             Severability

 

If any subdivision, paragraph, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or enforcement of the remaining portions of this ordinance, or of any other provisions of the Monterey Peninsula Water Management District Rules and Regulations.  It is the District's express intent that each remaining portion would have been adopted irrespective of the fact that one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.

 

On motion by ________________, and second by _________________, the foregoing ordinance is adopted upon this ____ day of ________ 2004, by the following vote:

 

AYES: 

 

NAYS: 

 

ABSENT:       

 

I, Fran Farina, Secretary to the Board of Directors of the Monterey Peninsula Water Management District, hereby certify the foregoing is a full, true and correct copy of an ordinance duly adopted on the _____ day of _____________ 2004.

 

Witness my hand and seal of the Board of Directors this ________ day of ____________ 2004.

 

                                                                                                                                                           

                                                                        Fran Farina, Secretary to the Board

 

 

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