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HomeMy WebLinkAbout01/22/2002, B-6 - IMPLEMENTATION OF A VOLUNTARY WATER USE OFFSET PROGRAM PER THE WATER ALLOCATION REGULATIONS. council M January 22 2002 EA Ac,Enba Report wTN° �- C I T Y O F SAN L U I S O B I S P O FROM: John Moss,Utilities Director Prepared By: Ron Munds, Utilities Conse ation Coordinat<,� SUBJECT: IMPLEMENTATION OF A VOLUNTARY WATER USE OFFSET PROGRAM PER THE WATER ALLOCATION REGULATIONS. CAO RECOMMENDATION Direct staff to Implement a voluntary Water Use Offset Program using the guidelines and procedures established during the mandatory Water Use Offset Program and contained in the Water Allocation Regulations. DISCUSSION Background The Water Use Offset Program was first established as part of the Water Allocation Regulations in the late 1980s. The original intent of the program was to allow for the continuation of new development when there was no water available to allocate based on city-wide water consumption and the safe annual yield from the City's water sources. The premise of the regulation was that new development would retrofit at a ratio of 2 to 1, and in essence create their own water supply. Developers started utilizing the program in 1989 when the City implemented its mandatory water conservation program. When the mandatory water conservation program ended in 1992, the Council made the determination that water efficiency programs should continue and that water conservation become a major component of the City's water management strategies. During the development of the City's Urban Water Management Plan, adopted in November 1994, it was decided, as matter of policy, that the Water Use Offset. Program would continue and be a mandatory requirement for new development even though the City now had water available for allocation. The estimated water savings from city-wide toilet retrofitting was included in the calculation of the per capita planning figure of 145 gallons per person per day. It was recognized at that time that retrofitting with ultra-low flush toilets and other permanent water saving devices would continue until the City was essentially retrofitted. In July 2001, the City Council made the determination that the City was essentially retrofitted and the mandatory Water Use Offset Program would sunset on January 1, 2002. The basis for this decision was the fact that it was becoming increasingly difficult to find willing participants in a timely manner and that approximately 75% of the toilets in the City had been replaced as of July 2001. In addition, actual city-wide per capita water use has continued to remain below the 145 gallon per person per day planning figure. During the discussions, the Council members requested that staff return with an analysis of other water conservation measures that might Council Agenda Report—Voluntary Retrofit Program Page 2 replace toilet retrofits as the primary focus of the mandatory Water Use Offset Program. The results of the analysis were presented to the Council in November 2001. It was determined at that time that the measures analyzed would not provide the reliable, ongoing water savings that the toilet retrofits had provided and that the mandatory Water Use Offset Program should sunset as of January 1, 2002. The Council did indicate though that they would still support some sort of water efficiency program that new development would contribute towards. The City is now at a point it no longer makes sense, as a matter of policy, to require retrofitting as a condition of receiving a building permit. There has been concern expressed by the development community that for large phased housing projects, such as Tract 2307 ( DuVaul North), that there may not be water to allocate to complete a project during its final phases which would occur in three to four years. With large sums of money invested in infrastructure and other site improvements, the concern is that for a project to be financially viable, all phases of project must be completed. In order to provide a level of surety that a project can be completed as approved by the City, staff is proposing that new development be allowed to continue to retrofit, on a voluntary basis, using the same procedures and guidelines of the mandatory Water Use Offset Program. While preparing this program proposal, staff discovered that the Water Allocation Regulations contained in the Municipal Code, 17.89.030 (B) (5) (Attachment 1) already provides a basis for the continuation of the program. In essence, this code allows new development to exempt themselves from the water allocation requirements by retrofitting existing facilities at a 2 to 1 ratio with permanent water saving devices to create their own water supply. This would remain as an option if the City finds itself in the position of not having water to allocate in the future. Note, this also means that any water conservation measure can be proposed, not just toilet retrofits. New development will essentially have two options relative to securing a water supply. If ready to acquire a permit, a project may simply apply for a water allocation from the limited supply of water available per policy and pay their water impact fees. If a longer term, phased project wishes to secure a water connection ahead of acquiring building permits, they may choose to seek out and complete any remaining permanent water saving opportunities in the City at a2 to ratio, consistent with the existing water allocation regulations. A current planning application will be required in order to avoid speculative water supply development through the Water Offset Program. Staff believes this proposal will not only accommodate the development community's concerns but will further the City's long term water conservation goals. Though the rationale for ending of the mandatory Water Use Offset Program was the difficulty in finding participants in a timely manner, the July report indicated that there were still over 10,000 toilets remaining to be retrofitted. As of December 2001, the estimated number of toilets remaining is about 9,100. This represents about270 acre foot per year savings if the remaining toilets are replaced. Council Agenda Report—Voluntary Retrofit Program Page 3 CONCURRENCES The Community Development Department concurs with the recommendations made in this report. FISCAL IMPACT During the mandatory Water Use Offset Program, a $150 (for a standard toilet) or $300 (for a handicap toilet) reduction for each toilet was given towards the water impact fee. This was done in an effort to provide an equitable arrangement between collecting water impact fees for the development of future water supplies and the cost of retrofitting which creates its own water supply through increased efficiency. It is recommended that the same procedures and guidelines apply to the voluntary Water Use Offset Program. ATTACHMENTS Attachment 1-Municipal Code 17.89.030 (B) (5) 6 -3 Attachment 1 17.89.30 Requirement for water allocations Exemptions. A. A water allocation shall be required for all actions within the city which would increase water use, except as provided in subsection (B) of this section or elsewhere in this chapter. Awater allocation shall be required to obtain a connection to the city water system for a structure or facility not previously connected; change the use of land or buildings,whether or not a construction permit is also required; and obtain a construction permit. B. A water allocation shall not be required for the following: 1. Building or enlarging a garage, storage shed, or other accessory structure which would not increase water use, as determined by the community development director. 2. Modifying or enlarging any building; provided, that the modification or enlargement does not: a. Create a greater number of dwellings. b. Increase the occupant capacity of any group-quarters or congregate residential facility.. c. Create additional hotel or motel units. d. Increase the floor area of a nonresidential building by fifty percent or one thousand square feet, whichever is greater. 3. Building a.new structure or facility which replaces a structure or facility having substantially the same or less water use,as determined by the community development director. 4. Building a new structure or facility which is provided with its own water supply which is approved by the city. 5. Building a new structure or facility which (a) through retrofit of permanent water saving devices reduces use of city water in existing structures or facilities by an amount equal to at least twice the estimated water use of the proposed development, as determined by the community development director, or(b) funds the capital and any excess operating costs to provide permanent sources of non-potable water to replace city water sources in existing facilities. 6. Carrying out a government development (though the expected use of city water by government developments shall be included at the time of construction when determining the cumulative total of assigned, nonresidential water allocations). (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 198 8) $yJ 7E<g X x T-1 �lTXX x x x a•N x X is �r x -x .x .c_:_� . x X x x x x X .'X x x X aC X -x ru XXX X X -xX m , D x x x I*cl*c x t- x x X x x -%cX x Ix tl �4 Cc a 1, 14 Z C) i`a E CL z ix r 7 = 1p = Y .W N .19 J O fA J O o 'mC p o co _ 2 a o 'o C' -w aazmw > > Q m .