ITEM:		PUBLIC HEARING
9.	CONSIDER SECOND READING AND ADOPTION OF 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
Meeting Date:			May 18, 2020	Budgeted:	N/A
From:			David J. Stoldt,	Program/
			General Manager	Line Item No.:	N/A
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed.
CEQA Compliance: An Initial Study and proposed Negative Declaration were circulated for comment. A Negative Declaration is proposed for consideration as part of this staff report.

SUMMARY: Rule 24-A-3, Second Bathroom Addition, was adopted to facilitate a full second 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 does 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.”

Ordinance No. 185 (Exhibit 9-A) expands the second Bathroom protocol to Sites that have less than four Dwelling Units and codifies an urgency ordinance adopted in August 2019 related to submetering of Accessory Dwelling Units (ADU). To prevent the second bathroom from being added in a new ADU, the rule specifies that the second Bathroom must be added within an existing Dwelling Unit (including additions, remodels and rebuilds of an existing Dwelling Unit) that was constructed before May 2001 (the date the protocol was adopted). The definition of “Dwelling Unit” is amended by this ordinance to reflect the California Building Code definition.

The following is a summary of Draft Ordinance No. 185:

1. The ordinance expands the second Bathroom protocol to all Dwelling Units with less than two full Bathrooms that existed when the protocol was adopted in May 2001. It is, however, limited to Sites that have less than four Dwelling Units to avoid apartments from using the protocol.

2. The second Bathroom must be added to an existing Dwelling Unit. The second Bathroom cannot be installed to create a new Accessory Dwelling Unit. If the protocol is used, the Dwelling Unit is restricted to no more than two Bathrooms unless the second Bathroom is permitted by a debit to an Allocation, Entitlement, or offset by a credit.

3. The rule currently restricts the Site (the entire property) to no more than two Bathrooms. The amendment allows additional Bathrooms to be added elsewhere on the Site (e.g. in a new ADU) when water from a Jurisdiction’s Allocation or Entitlement (or on-Site credit) is available for those fixtures.

4. The ordinance permanently codifies two Rule 23 amendments made by Urgency Ordinance No. 184 in August 2019: (1) ADUs in existing structures are exempt from the requirement to sub-meter; and (2) permanent sub-metering is allowed for one newly constructed detached ADU. Sub-meters are meters in the water line between the main house and the ADU, and they are not monitored by the water supplier. In-line metering is encouraged to provide accountability for individual water use.

California Environmental Quality Act (CEQA) Review

An Initial Study and proposed Negative Declaration were filed with the County and circulated among interested parties on March 16, 2020, for a period of 20 days. No comments were received.

Based on the Initial Study (Exhibit 9-B), there is an absence of substantial evidence from which a fair argument can be made that adoption of Ordinance No. 185 has measurable and meaningful actual or potential adverse environmental consequences. Prior to adoption of Ordinance No. 185, the Board should adopt the following finding supporting the negative declaration:

Based upon completion of an initial study, MPWMD finds that there is no substantial evidence that the project may have a significant effect on the environment.

RECOMMENDATION: Staff recommends the Board adopt the finding supporting the Negative Declaration for Ordinance No. 185 and adopt Ordinance No. 185 on second reading. Staff will file the appropriate CEQA paperwork with the County following adoption.

EXHIBIT

9-A Ordinance No. 185

9-B Notice of Intent to Adopt a Negative Declaration and Initial Study

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