Transcript MPWMD BOARD MEETING--APR 19, 2004--ITEM 11-

Monterey Peninsula
Water
Management
District
First Reading of Ordinance No. 114
and Consideration of Adoption of
Negative Declaration
MPWMD Board of Directors
April 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
Ordinance No. 114
Draft Ordinance No. 114 clarifies the
process by which someone can obtain a
second bathroom in an existing singlefamily 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.
Clarifies that the “special fixture unit accounting” may
not be used in conjunction with the “Master
Bathroom” fixture unit accounting;
5.
•
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.
CEQA - 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:
RECOMMENDATION
Monterey Peninsula
Water
Management
District
•
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.