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ORDINANCE NO. 1144 (1989 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE WATER ALLOCATION REGULATIONS
(CHAPTER 17.89 OF THE SAN LUIS OBISPO MUNICIPAL CODE)
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. The Council makes the following findings.
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 set forth in Section 3 below 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 (both local and regional) 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 the amendment set forth in Section 3 below 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 unreasonably 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.
The city has prepared and the Council on July 19, 1988, certified an environmental
impact report (EIR), including comments and responses, for the Water Allocation
Regulations (Chapter 17.89 of the San Luis Obispo Municipal Code), 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 are 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.
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Ordinance No. 1144 (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. Adoption. 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 5th day of Apr' it , 1989, on motion
of Councilmember Rappa ,seconded by Councilmember Reiss
and on the following roll call vote:
AYES: Councilmembers Rappa, Reiss, and Mayor Dunin
NOES: Councilmembers Pinard and Settle
ABSENT: None
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Ordinance No. 1144 (1989 Series)
Page 3
ATTEST:
Cit Clerk Pam :.Vo
APPROVED:
City Attor e
Community Development Director
l °T,
Utilities Director
gm3: amend -ord
ayor Ron unin
ORDINANCE NO. 1 14.4 (1989 Series)
FINALLY PASSED this 1 8th day of April ,
19 89 on motion of Councilmember Rappa , seconded by
Mayor Dunin , and on the following roll call .
vote:
AYE61 Councilmember Rappa, Reiss and Mayor Dunin
140E9i Councilmembers.Pinard and Settle
ABSENT: None
"Mayor Ron Dunin
ATTEST:
Deputy City'Clerk 1ecki";Austin