Loading...
HomeMy WebLinkAboutItem 17 - Amendment to General Plan, Land Use Element, and Water & Wastewater Management Element Department Name: Utilities Cost Center: 601 For Agenda of: August 18, 2020 Placement: Public Hearing Estimated Time: 20 Minutes FROM: Aaron Floyd, Director of Utilities Prepared By: Mychal Boerman, Deputy Director - Water Jennifer Metz, Utilities Project Manager SUBJECT: AMENDMENT TO GENERAL PLAN, LAND USE ELEMENT AND WATER AND WASTEWATER MANAGEMENT ELEMENT RECOMMENDATION As recommended by the Planning Commission, adopt a Resolution (Attachment A) approving an Addendum to the Land Use and Circulation Element (LUCE) Update EIR (SCH #2013121019) and Water and Wastewater Management Element Negative Declaration (EID 1455-2018) and amendments to the City’s Land Use Element and Water and Wastewater Management Element (WWME) of the General Plan (GENP-0188-2020). DISCUSSION Background In 2014, the City added Policy 1.13.2 to the Land Use Element as part of the update to the General Plan. The existing policy states: Provision of recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings: A. Non-potable/recycled water is necessary to support continued agricultural operations. B. Provision of non-potable/recycled water will not be used to increase development potential of property being served. C. Non-potable/recycled water will not be further treated to make it potable. D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while recycled water is being provided. The findings included in the policy are consistent with Government Code § 56000, the Cortese- Knox-Hertzberg Local Government Reorganization Act1, which exempts the provision of non- potable water, including recycled water. 1 The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 is the section of the State Government Code (Government Code §§ 56000 et seq) that provides the Local Agency Formation Commission (LAFCO) with its authority, procedures, and functions. It establishes procedures for local government changes of organization, including city incorporations, annexations to a city or special district, and city and special district consolidations. Item 17 Packet Page 275 Land Use Element Policy 1.13.2 references Water and Wastewater Management Element, Program A 7.3.4, which states: Consider the potential to deliver available recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. In Policy 1.13.2 both non-potable water and recycled water are mentioned, however Program 7.3.4 references only recycled water. Non-potable water, also referred to as raw water, is water supplied from one of the City’s surface water reservoirs (Whale Rock, Salinas, or Nacimiento) or groundwater, that has not been treated to drinking water standards. Recycled water is highly treated wastewater supplied from the City’s Water Resource Recovery Facility delivered through a non-potable water distribution system for landscape irrigation and other restricted uses. At a Study Session on March 5, 2019 (Attachment B), the City Council supported broadening the existing language in Policy 1.13.2 in the Land Use Element and Program A7.3.4 in the Water and Wastewater Management Element to consider delivery of both non-potable and recycled water supplies outside the City limits through short-term water supply contracts. Proposed General Plan Amendments In line with City Council direction from March 5, 2019, staff prepared amendments to the Land Use Element and Water and Wastewater Management Element and an Addendum to LUCE Update EIR (SCH # 2013121019) and Water and Wastewater Management Element Negative Declaration (EID 1455-2018). The General Plan Amendments were presented to the City’s Planning Commission on May 13, 2020 (Attachment B). The Commission proposed the addition of finding “E” to Land Use Element, Policy 1.13.2, as shown above. Proposed amendments are shown below as bold and underlined text. Proposed General Plan, Land Use Element, Policy 1.13.2: Provision of non-potable or recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings: A. Non-potable/recycled water is necessary to support continued agricultural operations. B. Provision of non-potable/recycled water will not be used to increase development potential of property being served. C. Non-potable/recycled water will not be further treated to make it potable. D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while non- potable/recycled water is being provided. E. Provision of non-potable and recycled water will not impair the City’s ability to maintain an adequate water supply that meets projected water demand at buildout under the General Plan including the required reliability reserve. Item 17 Packet Page 276 Proposed General Plan, Water and Wastewater Management Element, Program A 7.3.4: Consider the potential to deliver available non-potable or recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. The Planning Commission approved Resolution PC-1009-20 (Attachment C) including an Addendum to LUCE Update EIR (SCH # 2013121019) and Water and Wastewater Management Element Negative Declaration (EID 1455-2018) and an amendment to the City’s General Plan Land Use Element and Water and Wastewater Management Element (GENP-0188-2020). Previous Council or Advisory Body Action The City conducted the following meetings with associated actions as it relates to the proposed General Plan amendments: 1. March 5, 2019 – City Council reviewed its policy for water deliveries outside of the City and directed staff to return with a General Plan amendment to clarify that outside users may receive non-potable water and recycled water. 2. May 13, 2020 – The Planning Commission approved Resolution PC-1009-20 recommending the City Council adopt amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan and Addendum to the LUCE Update EIR (SCH # 2013121019) and Water and Wastewater Management Element Negative Declaration (EID 1455-2018) . Policy Context WWME Program A2.3.1 addresses the collaborative nature of staff’s water resource planning work stating that the City will “Work cooperatively on regional water issues and water resource planning (Water Resource Advisory Committee, Whale Rock Commission, Groundwater Sustainability Commission, etc.).” Public Engagement At a Study Session on March 5, 2019, the City Council supported broadening the existing language in Policy 1.13.2 in the Land Use Element and Program A7.3.4 in the Water and Wastewater Management Element to consider delivery of both non-potable and recycled water supplies outside the City limits through short-term water supply contracts. On May 13, 2020, the Planning Commission approved a resolution recommending the City Council adopt amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan related to broadening an existing policy and program related to delivering both recycled water and non-potable water outside the city limits. Item 17 Packet Page 277 Native American groups that have a cultural and traditional affiliation with the City have been formally noticed that amendments are proposed to the City’s Land Use Element and Water and Wastewater Management Element to broaden existing Land Use Element, Policy 1.13.2 and Water and Wastewater Management Element, Program A 7.3.4 to include both the City's non - potable water and recycled water supplies2. No modification to the proposed General Plan amendments were requested as a result of the tribal consultation. The proposed General Plan Amendments have also been made available on the City’s website. CONCURRENCE The City’s Community Development Department concurs with the recommendation in th is report. ENVIRONMENTAL REVIEW In compliance with the California Environmental Quality Act (CEQA), staff prepared an Addendum to the LUCE Update EIR and 2018 Negative Declaration for the Water and Wastewater Management Element update (EID 1455-2018) to analyze the potential environmental impacts of the proposed amendment. That analysis is provided with Resolution in Attachment A. FISCAL IMPACT Budgeted: No Budget Year: 2020-21 Funding Identified: No Fiscal Analysis: Funding Sources Current FY Cost Annualized On-going Cost Total Project Cost General Fund N/A State Federal Fees Other: Water Fund N/A Total N/A The recommended action to amend the General Plan will not have a fiscal impact on the City’s Water Fund. Future contracts for sale of non-potable water or recycled water outside the City would be considered by the City Council and incorporated into the Fund’s annual revenue assumptions accordingly. 2 Government Code §65352.3 requires local governments to consult with tribes prior to the adoption or amendmen t of a general plan or specific plan proposed on or after March 1, 2005 Item 17 Packet Page 278 ALTERNATIVES 1. Continue Consideration of the General Plan Amendments – The City Council could continue consideration of the proposed amendments to the Land Use Element and Water and Wastewater Management Element. Council should provide staff with direction on changes or additional information needed to decide on this item. 2. Do Not Adopt the Resolution to Amend the General Plan – The City Council could elect to not adopt the Resolution at this time. Direction should be provided to staff if there are changes to the proposed General Plan Amendments that would be sufficient to gain the support of a majority of Council Members. Attachments: a - Draft Resolution b - COUNCIL READING FILE - Planning Commission Report dated 05/13/2020 c - Planning Commission Resolution No. PC-1009-20 Item 17 Packet Page 279 R ______ RESOLUTION NO. _________ (2020 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING AMENDMENTS TO THE LAND USE ELEMENT AND WATER AND WASTEWATER MANAGEMENT ELEMENT OF THE GENERAL PLAN (GENP-0188-2020) AND ACCEPTING AN ADDENDUM TO THE LAND USE AND CIRCULATION ELEMENT (LUCE) UPDATE EIR AND WATER AND WASTEWATER MANAGEMENT ELEMENT NEGATIVE DECLARATION (CITYWIDE, GENP-0188-2020) WHEREAS, State law requires cities and counties to adopt a General Plan; and WHEREAS, the Land Use Element of the San Luis Obispo City General Plan was last updated in 2014 in compliance with State law; and WHEREAS, Water and Wastewater Management Element of the San Luis Obispo City General Plan was last updated in 2018 in compliance with State law; and WHEREAS, the City of San Luis Obispo has prepared amendments to the General Plan Land Use Element and Water and Wastewater Management Element to broaden existing policy and program language to include both non-potable and recycled water supplies, and WHEREAS, the potential environmental impacts of the amendments to Land Use Element and Water and Wastewater Management Element have been evaluated in accordance with the California Environmental Quality Act pursuant to an Addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on May 13, 2020, pursuant to a proceeding instituted under GENP-0188-2020, City of San Luis Obispo, applicant; and WHEREAS, the Planning Commission of the City of San Luis Obispo adopted Resolution PC-1009-20 recommending the City Council adopt Amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan (GENP-0188-2020) and accepted an Addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration (Citywide, GENP-0188- 2020); and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: Item 17 Packet Page 280 Resolution No. _____ (2020 Series) Page 2 R _____ SECTION 1. Finding. The City Council, after considering the project (GENP-1088- 2020), environmental determination, staff recommendations, public testimony and correspondence, and reports thereon, finds that proposed amendments to the Land Use Element and Water and Wastewater Management Element are consistent with the General Plan. SECTION 2. Environmental Review. In compliance with the California Environmental Quality Act (CEQA), staff prepared an Addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration to analyze the potential environmental impacts of the proposed amendments. The City Council hereby approves the Addendum (Exhibit A). SECTION 3. Approval of the 2020 Land Use Element and the 2020 Water and Wastewater Management Element. The City Council hereby adopts the amendments to the 2020 Land Use Element and the 2020 Water and Wastewater Management Element, as set forth in Exhibit A attached hereto and incorporated herein by this reference. Upon motion of Council Member __________________, seconded by Council Member _______________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _____________________, 2020. ____________________________________ Mayor Heidi Harmon ATTEST: ____________________________________ Teresa Purrington, City Clerk APPROVED AS TO FORM: _____________________________________ J. Christine Dietrick, City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on _____________________. ______________________________________ Teresa Purrington, City Clerk Item 17 Packet Page 281 Resolution No. _____ (2020 Series) Page 3 R _____ Exhibit A: Amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan (GENP-0188-2020) and Addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration (Citywide, GENP-0188-2020) Amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan (GENP-0188-2020) The proposed General Plan amendments to Land Use Element Policy 1.13.2 and Water and Wastewater Management Element (WWME) Program A 7.3.4. are as follows (Bold and underlined text is used to highlight proposed language): Land Use Element Policy 1.13.2: Provision of non-potable or recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings: A. Non-potable/recycled water is necessary to support continued agricultural operations. B. Provision of non-potable/recycled water will not be used to increase development potential of property being served. C. Non-potable/recycled water will not be further treated to make it potable. D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while non-potable/recycled water is being provided. E. Provision of non-potable and recycled water will not impair the City’s ability to maintain an adequate water supply that meets projected water demand at buildout under the General Plan including the required reliability reserve. Water and Wastewater Management Element, Program A 7.3.4: Consider the potential to deliver available non-potable or recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. Item 17 Packet Page 282 Resolution No. _____ (2020 Series) Page 4 R _____ Addendum to the Land Use and Circulation Element Final Environmental Impact Report (SCH# 2013121019) and to the Water and Wastewater Management Element Negative Declaration (EID 1455-2018) City File No: GENP-0188-2020 1. Project Title: Non-Potable Water Deliveries Outside the City 2. Lead Agency Name and Address: City of San Luis Obispo, Utilities Department 879 Morro Street San Luis Obispo, CA 93401 3. Contact Person and Phone Number: Jennifer Metz, Utilities Project Manager Office: 805-781-7239, Cell: 805-748-1335 4. Project Location: Citywide 5. Project Representative Name Jennifer Metz, Utilities Project Manager and Address: City of San Luis Obispo, Utilities Dept. 879 Morro Street San Luis Obispo, CA 93401 6. General Plan Designation: N/A 7. Zoning: N/A 8. Description of the Project: The proposed General Plan amendments consist of broadening language of Land Use Element Policy 1.13.2 and Water and Wastewater Management Element (WWME) Program A 7.3.4. to include the potential for non-potable water deliveries outside the City limits. Bold and underlined text is used to highlight proposed language. Land Use Element Policy 1.13.2: Provision of non-potable or recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings: A. Non-potable/recycled water is necessary to support continued agricultural operations. B. Provision of non-potable/recycled water will not be used to increase development potential of property being served. C. Non-potable/recycled water will not be further treated to make it potable. Item 17 Packet Page 283 Resolution No. _____ (2020 Series) Page 5 R _____ D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while non-potable/recycled water is being provided. E. Provision of non-potable and recycled water will not impair the City’s ability to maintain an adequate water supply that meets projected water demand at buildout under the General Plan including the required reliability reserve. Water and Wastewater Management Element, Program A 7.3.4: Consider the potential to deliver available non-potable or recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. 9. Project Entitlements Requested: N/A 10. Setting and Surrounding Land Uses: N/A 11. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.): None 12. Previous Environmental Review On December 9, 2014, the City Council certified the Land Use and Circulation Element (LUCE) Update EIR. Council Resolution No. 10586 includes the findings and mitigation measures that apply to the LUCE Update. Land Use Element Policy 1.12.1 regarding the City’s practice of not providing water service outside of the city, was modified as part of the 2014 LUCE Update. The policy language changed specifies that potable water shall not be provided beyond the city limits but would allow recycled water and/or non‐potable water to be provided outside the city limits where specific findings can be made. Land Use Element Policy 1.12.1 states: 1.12.1 Water and Sewer Service. The City shall not provide nor permit delivery of City potable water or sewer services to the following areas. However, the City will serve those parties having valid previous connections or contracts with the City. A. Outside the City limits; B. Outside the urban reserve line; C. Above elevations reliably served by gravity‐flow in the City water system; D. Below elevations reliably served by gravity‐flow or pumps in the City sewer system. Moreover, the 2014 LUCE Update EIR evaluated the potential environmental impacts of providing recycled water outside of the City limits, which is the same potential impact caused by the proposed amendment to Land Use Element Policy 1.13.12. The f indings and mitigation measures from the 2014 LUCE EIR are still in effect and will apply to this project. Therefore, preparation of a subsequent EIR is not necessary for the proposed amendment to Land Use Element Policy 1.13.12 because it does not result in any new significant environmental effects or a substantial increase in the severity of any previously identified significant effects evaluated in the 2014 LUCE Update EIR with the amendment of Land Use Element Policy 1.12.1. Item 17 Packet Page 284 Resolution No. _____ (2020 Series) Page 6 R _____ On May 18, 2018, the City Council approved a Negative Declaration (EID 1455-2018) for the 2018 Amendment to General Plan, Chapter 8, Water and Wastewater Management Element (Council Resolution No. 10893). The 2018 update to the WWME, with the substantial reduction in safe annual yield from Whale Rock and Salinas Reservoirs, considered whether the City could meet future water demand. The 2018 Initial Study/Negative Declaration associated with the 2018 WWME update found that consideration of delivery of recycled water outside the City limits was still a viable program. As stated in the 2018 Negative Declaration, the City continues to have an adequate water supply to meet projected water demand of 57,200 residents at 117 gpcd, a 20 percent reliability reserve, and over 1,000-acre feet as a secondary water supply. The proposed modification to Program A 7.3.4 to include the potential for non-potable water deliveries for agriculture would utilize existing infrastructure and would not result in any impacts to the environment. Thus, the proposed Amendment does not involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Further, the addition of the word “non-potable” to WWME Program A 7.3.4 is simply a minor technical addition to a program that already contemplates the potential delivery of recycled water outside City limits. Section 15164 of the State CEQA Guidelines allows a lead agency to prepare an addendum to a EIR or Negative Declaration when "minor technical changes or additions" have occurred in the project description since the EIR was certified. In addition, the lead agency is required to explain its decision not to prepare a subsequent EIR pursuant to State CEQA Guidelines Section 15162, which requires subsequent EIRs when proposed changes would require major revisions to the previous EIR "due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects." No new environmental effects are created by the proposed project and there is no increase in the severity of previously identified significant effects. DETERMINATION In accordance with Section 15164 of the State CEQA Guidelines, the City of San Luis Obispo has determined that this addendum to the LUCE Update EIR and WWME Negative Declaration is necessary to document changes or additions that have occurred in the project description since the EIR was certified in 2014 and the Negative Declaration was approved in 2018. No issue areas are affected by the proposed project. The preparation of a subsequent EIR is not necessary because: None of the following circumstances included in Section 15162 of the CEQA Guidelines have occurred which require a subsequent EIR: a. The project changes do not result in new or more severe environmental impacts. b. The circumstances under which the project is undertaken will not require major changes to the EIR or Negative Declaration. c. The modified project does not require any substantive changes to previously approved mitigation measures. Item 17 Packet Page 285 Resolution No. _____ (2020 Series) Page 7 R _____ Referenced Documents Available Electronically: 1. Council Resolution No. 10586, 2014 Series, certifying the LUCE Update EIR: https://opengov.slocity.org/WebLink/DocView.aspx?id=26685&dbid=0&repo=CityClerk 2. Land Use and Circulation Element Update Environmental Impact Report (Final Program EIR, September 2014): https://www.slocity.org/home/showdocument?id=6719 3. Council Resolution No. 10893, 2018 Series, approving a Negative Declaration for the 2018 Amendments to the Water and Wastewater Management Element: https://opengov.slocity.org/WebLink/DocView.aspx?id=77736&dbid=0&repo=CityClerk Item 17 Packet Page 286 Item 17 Packet Page 287 Item 17 Packet Page 288 Amendments to the City’s General Plan Land Use Element and Water and Wastewater Management ElementAugust 18, 2020Item 17 BackgroundThe City Council provided direction at its March 5, 2019 Study Session to broaden existing General Plan Policy 1.13.2 and Program A7.3.4 to include both non-potable and recycled water suppliesThe Planning Commission approved a resolution recommending proposed General Plan Amendments to the Land Use Element and Water and Wastewater Management Element, and the Addenda for compliance with CEQA, at its May 13, 2020 meeting General Plan – Existing PolicyLand Use Element (added as part of the 2014 LUCE update)Policy 1.13.2. Provision of recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings:A. Non-potable/recycled water is necessary to support continued agricultural operations.B. Provision of non-potable/recycled water will not be used to increase development potential of property being served.C. Non-potable/recycled water will not be further treated to make it potable.D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while recycled water is being provided. General Plan –Existing ProgramWater and Wastewater Management Element (last updated in 2018)Program A 7.3.4. Consider the potential to deliver available recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. Non-potable water,or raw water, is watersupplied from one of the City’s surface waterreservoirs (Whale Rock, Salinas, or Nacimiento)or groundwaterRecycled wateris highly-treated wastewatersupplied from the Water Resource RecoveryFacility delivered for landscape irrigation. Surplusrecycled water is discharged to San Luis ObispoCreekDefinitions General Plan –Proposed PolicyLand Use ElementPolicy 1.13.2. Provision of non-potable or recycled water outside of City limits may only be considered in compliance with Water and Wastewater Element Policy A 7.3.4 and the following findings:A. Non-potable/recycled water is necessary to support continued agricultural operations.B. Provision of non-potable/recycled water will not be used to increase development potential of property being served.C. Non-potable/recycled water will not be further treated to make it potable.D. Prior to provision of non-potable/recycled water, the property to be served will record a conservation, open space, Williamson Act, or other easement instrument to maintain the area being served in agriculture and open space while non-potable or recycled water is being provided.E. Provision of non-potable or recycled water water will not impair the City's ability to maintain an adequate water supply that meets projected water demand at buildout under the General Plan, including the required reliability reserve. General Plan –Proposed ProgramWater and Wastewater Management ElementProgram A 7.3.4. Consider the potential to deliver available non-potable or recycled water supplies to customers outside the city limits, including analysis of policy issues, technical concerns, and cost recovery, provided it is found to be consistent with the General Plan. California Environmental Quality Act (CEQA) ReviewStaff prepared an Addendum to the Land Use and Circulation Element (LUCE) Update EIR (SCH# 2013121019) and Water and Wastewater Management Element Negative Declaration (EID 1455-2018) Questions?Whale Rock oil pastel used with permission.Copyright 2018 Sally Landis www.sallylandis.com RecommendationAs recommended by the Planning Commission, adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting amendments to the Land Use Element and Water and Wastewater Management Element of the General Plan (GENP‐0188‐2020) and accepting an addendum to the Land Use and Circulation Element (LUCE) Update EIR and Water and Wastewater Management Element Negative Declaration (Citywide, GENP‐0188‐2020).”