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HomeMy WebLinkAbout04/11/1989, 2 - WATER ALLOCATION REGULATIONS AMENDMENT TO BAR ALLOCATIONS DURING MANDATORY CONSERVATION. Ql�ih� IIYI�II�III�I�llll h/ r MATINDATE V uU C�'`"'JJ Q S� LUSS OB�Sp� 4-5-S9. COUNCIL AGENDA REPORT I "Nu MBERCAO FROM: Michael Multari, Community Development Director BY: Glen Matteson, Associate Planner SUBJECT: Water Allocation Regulations amendment to bar allocations during mandatory conservation. CAO RECOMMENDATION Introduce the attached ordinance which (1) amends the Water Allocation Regulations to bar water allocations when the city is implementing mandatory conservation, except for projects in the city which submitted planning applications by March 15, and (2) determines that the previous EIR adequately evaluated environmental impacts. BACKGROUND Last summer, the council adopted Water Allocation Regulations to help reach a better balance between normal water use levels and the amount of supply which the city can count on during dry spells. Water allocations for this year are nearly used up. Under the adopted regulations, about 152 acre-feet of water allocations would be available starting in July, even though reservoirs are severely low and the city is moving toward water rationing. Several applications were submitted hoping these allocations would in fact become available. On March 15, the council told staff to draft an ordinance to amend the regulations, so water allocations would not be given to projects during rationing, except those which applied for planning approvals by March 15. Staff is presenting the draft ordinance. In drafting the actual ordinance language, staff was concerned with defining "mandatory conservation," clearly describing the types of projects eligible for the exception, and consistently accounting for the expected water use of projects whenever they apply for building permits. ALTERNATIVES The council may introduce the ordinance as drafted, introduce it with changes, or reject it. The council can also continue action. Staff has previously evaluated and the council has discussed the water-use and fairness aspects of various levels of building restrictions. Staff is prepared to explain them further at the hearing. In short, if the proposed ordinance is adopted, a smaller water allotment will be available for development than under current rules. However, different versions of the ordinance could reduce water available to development even more. Attached: Draft ordinance amending Water Allocation Regulations gm3: war-amnd ORDINANCE NO. (1989 Series) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE WATER ALLOCATION REGULATIONS r BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings The Council makes the following findings. 1. This city is taking steps to obtain additional water sources, to conserve water, and to manage growth of water demand by means other than the Water Allocation Regulations. However, water supplies may not be sufficient to meet demands from all potential development. 2. The Council has adopted a Water and Wastewater Management Element of the general plan, to guide the conservation, use, and development of water supplies, consistent with goals of the general plan. The amendment to these regulations is consistent with the general plan. 3. The Council has evaluated existing and potential water sources and water demands. Further, the council has considered the environmental, economic, and public-service impacts of exceeding available supplies. The Council has considered evidence of current drought conditions, including reservoir levels, and is considering mandatory water-conservation (rationing). The Council has determined that this amendment is necessary to protect the public health, safety, and general welfare. Specifically, this amendment is necessary (1) to assure that increased water use due to additional land development will not unacceptably jeopardize water service and (2) to fairly impose the burdens of water conservation among various segments of the community. These amended regulations are needed to assure minimum acceptable amounts of water for fire protection, personal consumption and sanitation, the operations of businesses, industries, and public services, and landscape irrigation. 4. The city has prepared and the Council has certified an environmental impact report (EIR), including comments and responses, for the Water Allocation Regulations, in accordance with the California Environmental Quality Act and state and city environmental impact procedures and guidelines. The EIR evaluated the consequences of allowing no additional development as a result of the city having no water to allocate for development, as well as less stringent levels of development control. The potential impacts of the proposed amendment arc therefore within the scope of that EIR. The EIR concluded that all potentially significant adverse impacts of the regulations can be mitigated to acceptable levels.. In originally adopting the regulations, the Council determined that they would be justified to protect public health and safety even if all other types of identified impacts could not be reduced to acceptable levels. Ordinance No. (1989 Series) Page 2 !�. SECTION 2. Environmental determination. The council hereby determines that the proposed amendment is within the scope of the Environmental Impact Report for the Water Allocation Regulations and that no further environmental study is required, pursuant to Section 15162 of the Environmental' Guidelines. SECTION 3. Adontion. The following subsection I is hereby added to Section 17.89.060 of the Municipal Code: "Despite any provision of these regulations to the contrary, after June 30, 1989, there shall be no allocation of water to development while the city has in effect a mandatory water=conservation program, with the following exception. For the purposes of this section, a "mandatory water-conservation program" means temporary regulations or customer rate structures intended to achieve substantial reductions from normal water use during supply shortages. The council shall indicate when it adopts conservation measures whether they are to be considered a mandatory-conservation program as intended in this subsection. "As an exception to this prohibition on allocations, beginning July 1, 1989, projects of the following type shall be able to receive building permits: any project on a site which was within the city on March 15, 1989, and for which a use-permit application, an architectural-review application, or a complete planned-development preliminary plan had been received by the city on or before March 15, 1989. The expected water use of such projects shall be deducted from any allocations available for the period July 1989 through June 1990, after mandatory conservation measures are lifted. Also, the expected water use of such projects shall be included in any calculation of water demand used to determine the amount of water available for future allocations." SECTION 4. Publication and effective date: This ordinance and a summary explanation, together with the names of councilmembers voting for and against, shall be published once, at least three (3) days prior to its final passage, in the Telegram-Tribune, a newspaper published and circulated in this city. This ordinance shall go into effect thirty days after final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo, at its meeting held on the day of - 19894 on motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: Ordinance No. (1989 Series) �j Page 3 Mayor ATTEST: City Clerk APPROVED: City Attor e Community Development Director Utilities Director gm3: amend-ord _JOI/ i [Draft for Publication] Ordinance No. WATER ALLOCATION REGULATIONS On April 1989, the San Luis Obispo City Council voted to introduce Ordinance No. (1989 Series). This ordinance would amend the Water Allocation Regulations. The Water Allocation Regulations, adopted in August 1988, control increases in water use due to development.. Under the existing regulations, 232 acre-feet of water allocations were available for projects applying for building permits from July 1988 through June 1989. All but about 18 acre-feet have been allocated. Also under the existing regulations, about 152 acre-feet of water allocations would have become available for those applying for building permits starting July 1989. Under the proposed amendment, while mandatory water conservation is in effect, the city would not provide further water allocations for new development, except for those projects which had applied for planning approval --such as architectural review or a use permit-- on or before March 15, 1989. City staff estimates that projects needing about 112 acre-feet of water would qualify for this exception. They would be able to get building permits starting in July 1989. Proposed annexations would not be eligible for water allocations. ,I Following is the full text of the new subsection that would be added to the regulations. _v 1 "Despite any provision of these regulations to the contrary, after June 30, 1989, there shall be no allocation of water to development while the city has in effect a mandatory water-conservation program, with the following exception. For the purposes of this section, a "mandatory water-conservation program" means temporary regulations or customer rate structures intended to achieve substantial reductions from normal water use during supply shortages. The council shall indicate when it adopts conservation measures whether they are to be considered a mandatory-conservation program as intended in this subsection. "As an exception to this prohibition on allocations, beginning July 1, 1989, projects of the following type shall be able to receive building permits: any project on a site which was within the city on March 15, 1989, and for which a use-permit application, an architectural-review application, or a complete planned-development preliminary plan had been received by the city on or before March 15, 1989. The expected water use of such projects shall be deducted from any allocations available. for the period July 1989 through June 1990, after mandatory conservation measures are lifted. Also, the expected water use of such, projects shall be included in any calculation of water demand used to determine the amount of water available for future allocations." The council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for 1989; at a regular City Council meeting to begin at 7:00 p.m. in the Council Chamber of City Hall; 990 Palm Street. For more information, contact the Community Development Department at 549-7171. Pamela Voges, City Clerk