Title
Adopt an ordinance to amend Monterey County Code Chapter 15.06 to authorize and regulate point-of-use (POU) and point-of-entry (POE) water treatment for new construction on either a vacant existing lot of record or an accessory dwelling unit (ADU) that would be served by either a domestic water system or a private well that would otherwise not meet primary drinking water standards.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
Adopt an ordinance to amend Monterey County Code Chapter 15.06 to authorize and regulate point-of-use (POU) and point-of-entry (POE) water treatment for new construction on either a vacant existing lot of record or an accessory dwelling unit (ADU) that would be served by either a domestic water system or a private well that would otherwise not meet primary drinking water standards.
SUMMARY:
Board Referral No. 2024.10 requested that staff research and evaluate necessary steps to allow for point of use (POU) and point of entry (POE) water treatment devices to be used for vacant legal lots of record and accessory dwelling units (ADUs) where POU/POE treatment is already allowed for the existing connections.
Staff have completed draft amendments to Monterey County Code Chapter 15.06 that would include provisions for new development using POU/POE treatment on existing lots of record and ADUs. The County of Monterey Environmental Health Bureau (EHB) contracted with Rincon Consultants to assist in preparing the requisite CEQA documents for the draft amendments.
The proposed draft ordinance and CEQA findings were introduced to the Board of Supervisors at its August 18, 2026, meeting. After discussion, the Board made the necessary CEQA findings, waived reading of the draft ordinance, and directed staff to return to the Board on September 1, 2026 for final adoption of the ordinance.
DISCUSSION:
Background information:
On June 18, 2019, the Monterey County Board of Supervisors adopted Ordinance No. 5310 which amended Chapter 15.04 and added a new Chapter 15.06 to the Monterey County Code thus allowing property owners of undeveloped lots belonging to water system with 2-14 connections to use POU/POE water treatment for lot development. A legal challenge was brought against Ordinance No. 5310 regarding CEQA and Coastal Commission review concerns. On August 27, 2019, the Board of Supervisors adopted Ordinance 5316, which suspended the sections of Ordinance No. 5310 that allowed POU/POE treatment to be used for development on lots that are part of a 2-14 connection water system.
On November 28, 2023, the Board of Supervisors adopted Ordinance No. 5408, which amended portions of Chapters 15.04 and added Chapter 15.06 to the Monterey County Code authorizing POU/POE treatment for water systems with 2-14 connections, however Ordinance No. 5408 only applies to existing service connections, not new construction on legal lots of record or ADUs.
On August 23, 2024, County of Monterey Environmental Health Bureau (EHB) staff received Board Referral No. 2024.10, which directed staff to begin taking necessary steps to allow for POU/POE to be used for vacant legal lots of record and accessory dwelling units in systems with 2-14 connections where POU/POE would otherwise be allowed for the existing connections.
On August 18, 2026, EHB Staff introduced a draft ordinance to the Board of Supervisors that would amend Monterey County Code Chapter 15.06 to authorize and regulate POU and POE water treatment for new construction on a vacant existing lot of record that would be served by either a domestic water system or a private well that would otherwise not meet primary drinking water standards. The amendment would require both that EHB approve the POU or POE device to be installed and that the applicant provide EHB with water test results following installation that verify the device’s effectiveness. The amendment also would require the property owner to record a deed restriction (deed notification) regarding the installation of the POU or POE and the property owner/successor-in-interest’s responsibilities to operate and maintain the system in accordance with the manufacturer’s specifications. Finally, this ordinance would allow a POU or POE device to be used to meet water quality requirements for construction of an ADU that will be served by water system or a private well, provided that all dwelling units on the property also install a POU or POE device. If adopted, the ordinance would apply in the unincorporated area of the County of Monterey.
On August 18, 2026, EHB Staff also presented the CEQA documents prepared by Rincon Consultants and reviewed independently and approved by County staff for the draft ordinance. EHB hired Rincon Consultants (Rincon) to prepare an Initial Study to analyze the potential environmental impacts, if any, that might stem from adoption of this ordinance. Based on the findings of the Initial Study and applicable CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations), Rincon and County staff determined that an Addendum to the 2010 Monterey County General Plan Environmental Impact Report (“2010 General Plan EIR”) was the appropriate level of environmental review. Consequently, Rincon prepared the Addendum for the proposed ordinance. At the August 18, 2026 Board hearing, the Board made the necessary CEQA findings to adequately consider the Addendum.
This work supports the County of Monterey Health Department 2025-2028 Strategic Plan Goals(s): 1. Build Community Power and Partners’ Capacity to Increase Equity and Improve Health. It also supports the following of the ten essential public health services, specifically: 5. Develop policies and plans that support individual and community health efforts, and 6. Enforce law and regulations that protect health and ensure safety.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
The Office of County Counsel reviewed and approved the draft Ordinance as to form.
FINANCING:
There are no fiscal provisions; therefore, there is no impact to the General Fund with the acceptance of this staff update.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
By amending Monterey County Code Chapter 15.06, POU/POE water treatment devices will be authorized for both vacant legal lots of record and ADUs where POU/POE treatment is otherwise allowed for the existing connections. This authorization supports the need for more affordable housing by reducing the cost of treatment, develops new options for water treatment to provide reliable and safe water for residents, and furthers the Board’s goal to increase equity by allowing a more affordable option for safe drinking water.
Mark a check next to the related Board of Supervisors Strategic Plan Goals:
_x_ Well-Being and Quality of Life
_x_ Sustainable Infrastructure for the Present and Future
_x_ Safe and Resilient Communities
___ Diverse and Thriving Economy
___ Dynamic Organization and Employer of Choice
Prepared by: Charise Walters, Management Analyst III, 755-4708
Approved by: Elsa Mendoza Jimenez, Director of Health, 755-4621
Attachments:
Board Report
Draft ordinance (redline)
Draft ordinance (clean)
Draft Addendum to the 2010 Monterey County General Plan Environmental Impact Report
Board Referral No. 2024.10