Monterey Peninsula Water Management District

First Reading of Ordinance No. 114 and Consideration of Adoption of

Negative Declaration

MPWMD Board of DirectorsApril 19, 2004

Monterey Peninsula Water Management District

BACKGROUND

•February 19, 2004: Board reviewed the provisions of Ordinance No. 98 and gave direction to staff on modifications;

•March 9, 2004: Draft Ordinance No. 114 was reviewed by the Water Demand Committee.

•March 25, 2004: Initial Study and Notice of Intent to Adopt a Negative Declaration were posted and circulated. No comments were received.

•April 19, 2004: First reading of Ordinance No. 114, Amending District Rule 24 to Clarify Special Fixture Unit Accounting for Second Bathrooms

Monterey Peninsula Water Management District

BACKGROUND

•District Rule 24 allows the addition of a second bathroom to an existing single-family residence on a single-family residential site to improve quality-of-life standards. (Added by Ordinance No. 98, adopted April 16, 2001)

•There is no debit to a jurisdiction’s water allocation for an Ordinance No. 98 bathroom.

•Applicants pay the District’s connection charge. Currently, an Ordinance No. 98 bathroom costs $1,226.

Monterey Peninsula Water Management District Draft Ordinance No. 114 clarifies the

process by which someone can obtain a second bathroom in an existing single-family dwelling (SFD) on a single-family residential site (SFRS):

1. Specifies dates for eligibility;

2. Clarifies that a documented Water Use Credit for demolition of a SFD is eligible to apply for the special fixture unit accounting;

3. Clarifies that the second bathroom fixtures must be added to the interior of the existing dwelling unit;

Ordinance No. 114

Monterey Peninsula Water Management District 4. Clarifies that the use of the special fixture unit

accounting is voluntary and accepting the fixtures limits the home to two bathrooms unless water is authorized from a jurisdiction’s allocation to permit the special fixture unit bathroom and any new additional bathrooms.

5. Clarifies that the “special fixture unit accounting” may not be used in conjunction with the “Master Bathroom” fixture unit accounting;

• However, projects that included the “Master Bathroom” fixtures with a “special fixture unit accounting” bathroom that were submitted to the jurisdiction (e.g. fees paid) prior to October 23, 2003 are grandfathered.

– Water permits to add a separate tub or shower in the second bathroom must be issued by December 31, 2004.

– Applicants must install low water consumption appliances to offset the additional fixture unit if the appliances are not already installed in the home.

Ordinance No. 114

Monterey Peninsula Water Management District 6. Amendment of permits issued between May

16, 1999 and May 16, 2001• Allows properties that installed ½ gallon flush

toilets in the two years prior to the effective date of Ordinance No. 98 to replace the ½ gallon toilets with 1.6 gallon per flush toilets;

• 15 properties qualify for this exception;• 19 toilets qualify (0.133 acre-feet annually)• Once the ordinance is adopted, staff will notify the

property owners of the opportunity to change toilets.

Ordinance No. 114

Monterey Peninsula Water Management District • Initial Study and Notice of Intent to Adopt a

Negative Declaration was circulated and posted from March 25, 2004 through April 14, 2004.

• No comments were received.• The Board should adopt the following

Negative Declaration as its first action this evening:

CEQA - Ordinance No. 114

Monterey Peninsula Water Management District

RECOMMENDATION• Based on the Initial Study and the analysis, documents

and record supporting the Initial Study, the Monterey Peninsula Water Management District Board of Directors finds that adoption of Ordinance No. 114 does not have a significant effect on the environment.

PROPOSED NEGATIVE DECLARATION

Based on the finding that adoption of Ordinance No. 114, Amending District Rule 24 to Clarify Special Fixture Unit Accounting for Second Bathrooms, has no significant effect on the environment, the Monterey Peninsula Water Management District makes this Negative Declaration regarding Ordinance No. 114 under the California Environmental Quality Act.

Monterey Peninsula Water Management District

RECOMMENDATION

Staff recommends the Board approved the first reading of Ordinance No. 114 with one edit that was provided to the Board prior to the meeting:

Page 87, subparagraph (2), add a next to last sentence (before “This exception shall expire on December 31, 2004.) that says:

“Permits issued under this provision shall require installation of low water use plumbing fixtures to the maximum extent practical to offset one additional fixture unit.”

Monterey Peninsula Water Management District

RECOMMENDATION

The proposed ordinance clarifies existing rules that were adopted to respond to quality-of-life and convenience issues and do not result in increased water use.

• The limited impact of allowing 15 properties to replace ½ gallon toilets with 1.6 gallon per flush toilets is negligible.

• This ordinance addresses processing concerns that have been identified since the adoption of Ordinance No. 98 in April 2001.