EXHIBIT
3-A
PRELIMINARY
DRAFT
ORDINANCE
NO. XXX
AN ORDINANCE OF THE BOARD OF DIRECTORS
OF THE
MONTEREY PENINSULA WATER MANAGEMENT
DISTRICT
AMENDING BASELINE WATER CONSERVATION
REQUIREMENTS AND AMENDING RULES …………
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. 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.
6. 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.
7. This ordinance shall revise, amend and republish Rules …………. of the Rules and Regulations of the Water Management District.
8. 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:
Section One: Short Title
This ordinance shall be known as
the MPWMD 2008 Baseline Water 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.
This ordinance amends Regulation XIV of the Monterey Peninsula Water Management
District Rules and Regulations.
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. LOW WATER‑USE PLUMBING FIXTURES - “Low
Water-Use Plumbing Fixtures” shall refer to the water fixtures shown in Rule
142 mean any toilet using a maximum of 1.6 gallons per flush;
showerheads, 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; instant‑access hot water systems.
Section XXX: Amendment of Rule 140, Purpose
District Rule 140, Purpose, 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 140 - PURPOSE
It is the purpose and
intent of this regulation to reduce use of Potable water within the Monterey
Peninsula Water
Management District boundaries.
Section XXX: 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 revised by Ordinance No. XXX. Complete Water Permit applications received
prior to November 1, 2008 shall be processed under the former Rule 142.
C. Mandatory Water Conservation Standards.
The following water conservation standards
shall apply to all New Structures:
1. Toilets shall be designed to flush with a
maximum of 1.6 gallons-per-flush;
2. Zero Water Consumption Urinals shall be
installed when any urinal is included in a project.
3. 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;
4. Faucets shall not emit more than 2.2 gallons
of water per minute;
5. Instant-access hot water systems in
Residential uses;
6. Automatic irrigation systems shall be installed
for all new construction;
7. Drip irrigation shall be installed for
watering all non-turf plantings when an irrigation system is installed;
8. 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;
9. Rainwater collection and cistern systems
shall be installed to supplement irrigation when new construction occurs on a
vacant legal lot of record;
10. Change of ownership or use or expansion of
use shall not be subject to the requirement to install rainwater collection and
cistern systems.
XX.
Commercial, Industrial and Public Authority Water Conservation
Requirements. New construction of commercial, industrial
and public authority uses shall include the following fixtures:
a.
Automatic sensor faucets or self-closing faucets where there is more
than one washbasin in a room;
b.
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;
c.
Instant-access hot water systems when the building includes a hot water
system.
XX 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:
a.
Evaporative coolers without
recirculating pumps;
b.
Water cooled refrigeration and
cooling systems;
c.
Urinals designed to flush with
water.
Section XXX: Amendment of Rule 143, Retrofit of Existing Commercial Uses
District Rule 143, Retrofit of
Existing Commercial Uses, 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 143 - RETROFIT OF
EXISTING COMMERCIAL USES
A. All Non-Residential
Water Users within the District, including existing hotels, motels, other
Commercial, and Industrial Uses, on or before March 1, 1988, shall retrofit all
shower and Washbasin faucet plumbing fixtures which are installed, but which do
not meet Low Water Use Plumbing Fixture standards, with Showerheads with a
maximum flow capacity of 2.5 gallons per minute (gpm), and Washbasin faucets
with aerators which limit the flow rate to a maximum of 2.5 gpm. Further, all
toilets which exceed 3.4 gallons per flush shall be installed with toilet
water-use reduction devices capable of reducing flow by at least 1.0 gallon per
flush.
B. All existing Visitor-Serving Facilities shall, before
December 31, 2000, be retrofitted exclusively with Ultra-Low Flush Toilets,
except as provided by Rule 146.
Section XXX: 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 XXX: Amendment of Rule 145, Recordation of Notice
District Rule 145, Recordation of
Notice, shall be deleted from Regulation XIV and relocated as Rule 116,
Recordation of Notice, and 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 145 - RECORDATION OF
NOTICE
Whenever
the General Manager determines that violations of any District Rule or
Regulation has occurred and not been corrected within thirty (30) days of
notice, Low Water Use Plumbing Fixtures have not been installed at
the time of Change of Ownership or Use or when installed pursuant to the
mandatory provisions of this regulation have been removed since initial
installation, the General Manager may record a Nnotice of
Non-Compliance on the title of the property of
violation with the office of the Ccounty
Rrecorder.
The owner(s) of the Parcel(s) property, as revealed by the assessment roll,
on which the violation is situated, and any other person known
to be responsible for the violation shall be notified of the
recordation, if their address is known. The owner of record shall have ninety
(90) days to take corrective action. Failure to take corrective action within
ninety (90) days shall constitute a violation of ………………. The General Manager shall cause a Nnotice
of correction Compliance to be recorded at such
time as the property owner has established full compliance with the provisions
of this these Rules and Rregulation.
Section XXX: Amendment of Rule 146, Discretionary Exemptions
District Rule 146, Discretionary
Exemptions, 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 146 - DISCRETIONARY
EXEMPTIONS
The
General Manager may, in his discretion, exempt facilities from the provisions
of this regulation, or impose reasonable conditions in lieu of compliance
therewith, if he determines that any of the following sections apply:
A. HARDSHIP
The General Manager may grant an exemption for hardship where
the requirements of this regulation would cause an unnecessary and undue
substantial hardship upon the owner, or purchaser of the facility, or the
public. Substantial hardship may include, but is not limited to:
1. Plumbing in an existing
facility which does not match connections with Low Water Use Plumbing Fixtures
and would, therefore, requires partial replumbing of the structures. For
example, different rough-in dimensions.
2. Unavailability of Low Water
Use Plumbing Fixtures to match a well-defined historic architectural style
(i.e., Victorian, Mission Revival) in a locally, state or federally recognized
building of historic significance, fitted with authentic plumbing fixtures. Any
project exempted pursuant to Sub-part A-1 of this part shall be required to
have installed toilets using a maximum of 3.5 gallons per flush and 2.5 gallon
per minute Showerheads, if not already so provided.
B. EMERGENCY
The General Manager may grant an exemption for emergency
purposes when the requirements of this regulation would create a condition
affecting the health, sanitation, fire protection or safety of the facility
owner or the public. Emergency conditions include, but are not limited to,
sewer line grades that are insufficient to accommodate reduced flows caused by
conversion of water closet(s) to 1.5 gallon flush as determined by the city,
county, or sanitary district engineer.
C. IN LIEU COMPLIANCE
The General Manager may grant an exemption by imposing
reasonable conditions in lieu of compliance with the requirements of this
regulation, where the condition would not allow the quantity of water consumed
by the facility to exceed the total water demand achieved if the Low Water Use
Plumbing Fixture standards set by this regulation had been used, and would not
otherwise adversely affect service to any existing water consumer.
D. RETROFIT EXEMPTIONS
The General Manager shall defer the retrofit requirement of this
regulation for any plumbing fixture for which present technology is not
available to cause the required flow reduction, such as in flushometer-style
toilet fixtures, or where retrofitting is not otherwise feasible. When
feasible, retrofit shall be required at the time technology becomes available.
Section XXX: Amendment of Rule 147, Appeals
District Rule 147, Appeals, shall
be deleted in its entirety. The appeal
process is explained in Regulation VII.
RULE 147 - APPEALS
A.
CONTENT OF APPEAL
An appeal may be made to
the Board of Directors by any public agency or Person aggrieved by a decision
of the General Manager pursuant to this regulation. All appeals shall be
pursuant to Regulation VII of the District’s Rules and Regulations. The
appellant must state in the appeal:
1. The identity of the
appellant and his interest in the decision;
2. General Manager’s
decision, or the conditions which are being appealed;
3. A clear, complete, but
brief statement of the reasons why the appellant feels the decision or the
conditions imposed were unjustified or inappropriate (this should include
reasons the appellant disagrees with the findings of the General Manager and
specific facts in sufficient detail to notify interested persons of the nature
of the appeal). The Board will not accept an appeal stated in generalities.
B.
ACCEPTANCE OF APPEAL
An optional form for
giving notice of appeal shall be provided by the General Manager. The form need not be used if the notice of
appeal is complete. An appeal shall not be accepted by the Board of Directors
unless it is complete and complies with all requirements. The General Manager
shall not accept a notice of appeal if it is obvious on the face of the notice
that it is incomplete. If the General Manager rejects a notice of appeal, he
shall inform the appellant of the nature of the deficiency, and shall identify
the information necessary to complete the appeal.
Section XXX: Amendment of Rule 148, Penalties
District Rule 148, Penalties,
shall be deleted from Regulation XIV and relocated as Rule 115, and 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 148 – PENALTIES
Any
Person, firm, or corporation, whether as principal, agent, employee, or
otherwise, violating or causing or permitting the violation of any of the
provisions of this regulation; or, any contractor who installs or removes
plumbing fixtures contrary to the provisions of this these
regulation with the intent to defeat the purposes of this regulation,
shall be guilty of a misdemeanor punishable as an infraction as provided by
Section 256 of the Monterey Peninsula Water Management District Law, Statutes
of 1981, Chapter 986. Violations carry a maximum penalty of $250 for each
offense. Each separate day or portion thereof during which any violation occurs
or continues without a good-faith effort by the Responsible Party to correct
the violation, shall be deemed to constitute a separate offense, and upon
conviction thereof, shall be separately punishable.
Section XXX: Amendment of Rule 149, Enforcement
District
Rule 149, Enforcement, shall be deleted from Regulation XIV. Enforcement is addressed in Regulation XI.
RULE 149 – ENFORCEMENT
The General Manager shall be the officer primarily charged with
enforcement of this regulation. All
public employees of the Monterey Peninsula Water Management District who are
vested with the duty or authority to issue Permits or licenses, shall conform
to the provisions of this regulation, and shall issue no such Permits or
licenses in conflict with the provisions of this regulation, and any such
Permits, licenses, or uses, if issued in conflict with the provisions of this
regulation, shall be null and void.
Section XXX: Amendment of Rule 150, Civil Nuisance
District
Rule 150, Civil Nuisance, shall be deleted from Regulation XIV. Enforcement is addressed in Regulation XI.
RULE 150 - CIVIL NUISANCE
Section XXX: Amendment of Rule 151 Cost of Enforcement
District
Rule 151 Cost of Enforcement, shall be deleted from Regulation XIV. Enforcement is addressed in Regulation XI.
RULE 151 - COST OF ENFORCEMENT
A.
Any Person, firm, or corporation who creates or maintains a public
nuisance in violation of this regulation or upon whose property a notice of
violation has been recorded, shall, if not corrected within thirty (30) days,
be liable for the costs of abatement and costs of correction which shall
include, but not be limited to:
1. Cost of investigation;
2. Court costs;
3. Attorney fees;
4. Costs of monitoring compliance.
B.
Upon a continuation of the public nuisance after notice from the
District to cease the nuisance, any Person, firm, or corporation shall be
liable for the costs of abatement set forth above, plus a civil penalty of
fifty percent (50%) of these costs payable to the District in addition to any
other costs of enforcement imposed by the court.
Section XXX: Amendment of Rule 152, Remedies Cumulative
District
Rule 152, Remedies Cumulative, shall be deleted from Regulation XIV. Enforcement is addressed in Regulation XI.
RULE 152 - REMEDIES
CUMULATIVE
The remedies available to the District to enforce this
regulation are in addition to any other remedies available under the District’s
Rules and Regulations, or any other state statutes, and do not replace or
supplant any other remedy but are cumulative thereto.
Section XXX: Amendment of Rule 153, Severability
District
Rule 153, Severability, shall be deleted from Regulation XIV.
RULE 153 - SEVERABILITY
If any subdivision, paragraph, sentence, clause, or phrase of
this regulation is, for any reason, held to be invalid or unenforceable by a
court of competent jurisdiction, such invalidity or unenforceability shall not
affect the validity or enforcement of the remaining portions of this
regulation, 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 any one or more subdivisions, paragraphs, sentences, clauses, or phrases
be declared invalid or unenforceable.
Section XXX: Amendment of Rule 154, Conservation Message Requirements
District Rule 154, Conservation
Message Requirements, 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 154 - CONSERVATION
MESSAGE REQUIREMENTS
A.
On or before October 1, 1997, Aall Visitor-Serving and Public and Quasi-Public
Facilities shall display in visible locations in all restrooms, kitchens, and
dining areas, placards or decals approved by the District promoting public
awareness of the need for water conservation and/or advising the public that
waste of water is prohibited.
B.
The owner and/or manager of each rental property shall provide a
pamphlet, brochure, or other literature to current and future tenants that list
the water conservation requirements, including the Water Waste and
Non-Essential Water Use regulations of the District.
Section
XXX: 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.
This ordinance shall take effect at 12:01 a.m. on March 1, 2004.
This Ordinance shall not have a sunset date.
Section XXX: 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.
Secretary to the Board
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