WATER DEMAND COMMITTEE
ITEM:		ACTION ITEM
3.	CONSIDER RECOMMENDATION TO THE BOARD ON FIRST READING 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:			April 2, 2020	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.: N/A
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Completed.
CEQA Compliance: An Initial Study was prepared, filed, and circulated. The comment period ends April 4, 2020. A Negative Declaration is proposed.

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.” To prevent the second bathroom from being added in an Accessory Dwelling Unit (ADU), the rule specifies 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 date the ordinance was adopted).

An Initial Study for draft Ordinance No. 185 was prepared, filed with the County Recorder, and circulated for comment on March 16, 2020 (Exhibit 3-A). The Initial Study includes an environmental checklist and a copy of the ordinance, comments on potential impacts (if any), and a conclusion on the appropriate environmental documentation for consideration by the Board. The comment period runs through Friday, April 4, 2020. Staff will summarize comments in the staff report for first reading.

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

1. The ordinance expands the second Bathroom protocol to all Dwelling Units that existed when the protocol was adopted in 2001. It is, however, limited to Sites that have less than four Dwelling Units to avoid apartments from using the protocol in line with the direction from the Water Demand Committee at the January meeting.

2. The second Bathroom must still be added within an existing Dwelling Unit. A second Bathroom cannot be installed to create an Accessory Dwelling Unit. If the protocol is used, that 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 would allow additional Bathrooms to be added elsewhere on the Site if water from a Jurisdiction’s Allocation or Entitlement (or on-Site credit) is available.

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.

RECOMMENDATION: Staff recommends the Water Demand Committee recommend adoption of Ordinance No. 185 to the Board. First reading is scheduled for April 20, 2020.

EXHIBIT

3-A Ordinance 185 Initial Study and Notice of Intent

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