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HomeMy WebLinkAbout1211ORDINANCE NO. 1211 (1992 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE WATER ALLOCATION REGULATIONS CONCERNING AVAILABLE ALLOCATION RESERVES WHEREAS, the City Council has held a hearing to consider appropriate provisions for allocating water; and WHEREAS, the City Council finds that the proposed provisions are consistent with the general plan, in particular the Water and Wastewater Management Element; and WHEREAS, the Community DevelopmentlDirector has determined that this amendment is categorically exempt from environmental review as a minor change in land -use limitations, in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, the proposed amendment promotes the public health, safety and general welfare; BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council determines that the amendment is categorically exempt from further environmental review as a minor modification to land use regulations. SECTION 2. Chapter 17.89 of the Municipal Code is hereby amended as fully contained in the attached Exhibit A, included in this ordinance by reference. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the votes for and against, shall be published once, at least five (5) days prior to its final passage, in the Telegram- Tribune, a newspaper, published and circulated in this city. This ordinance shall go into effect at the expiration of thirty (30) days after its1final passage. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passage to print, and shall be available to any interested member of the public. Ordinance No. 1211 (1992 Series) Water Allocation Regulations amendment Page 2 INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 19th day of May , 1992, on motion of Councilmember Rappa , seconded by Councilmember Roalman and on the following roll call vote: i AYES: Councilmembers Rappa, Roalman and Pinard NOES: Councilmember Reiss and Mayor Dunin ABSENT: None ayor Ron Dunin! i ATTES . 9 " - City klerk Pam Pes APPROVED: City A inistrative Officer t r Community a elopment Director u)' - , - Wft6,,JL Utilities Director gmH: WAR- ORDS.WP r r WATER ALLOCATION REGULATIONS Amended Draft Sections: 17.89.010 Purpose. 17.89.020 Definitions. 17.89.030 Requirement for water allocations. 17.89.040 Eligibility for water allocations. 17.89.050 Allowed water -use increases. 17.89.060 Procedures for assigning water allocations. 17.89.070 Administration. 17.89.080 Fees. 17.89.090 Enforcement; Penalties. 17.89.100 Extension of planning and building approvals. 17.89.010 Purpose. These regulations are to ensure that increased water use due to Additional development and changes in the use of land and buildings will not jeopardize adequate water service to both existing users and new users. They are to help the city regain and then maintain a balance between water use and reliable levels of supply, so the city can provide adequate water service, consistent with the goals and policies of the general plan. 17.89.020 Definitions. As used in this chapter, the following terms shall have the indicated meanings: A. "Affordable residential development" means a development having at least twenty -five percent of total dwellings affordable to low - income or moderate - income residents, as provided in Chapter 17.90 of this Code. B. "City water use" means the amount of water, from all sources to which the city is entitled, drawn annually for use by the agencies and customers which the city serves. It shall include sales of untreated water to Cuesta College, but not transfers of treated water to California Polytechnic State University. The determination of city water use shall employ estimates updated from a base year or years, to avoid incorporating extreme fluctuations in measured water use due to short -term weather or economic conditions. C. "Government development" means the construction of a building or other facility serving a public function and owned by a government agency, such as the city, the county, the state, the federal government, or a public school district. "Government development" does not include governmentally assisted private development or private 1% development in partnership with or on land purchased or leased from a government agency. D. "Residential development" means a development containing dwellings or group living quarters, including manufactured housing or mobile homes, convalescent hospitals and intermediate -care facilities, and emergency or temporary shelters. "Residential development" does not include hotels, motels, hospitals, or recreational camps. E. "Safe annual yield" means the amount of water which the city is entitled to and which can be withdrawn from reservoirs or groundwater sources annually, without depleting the reservoirs or overdrafting the groundwater basin, as determined by the city Utilities Director according to the principles of hydrology and the best available long -term weather and recharge data. 17.89.030 Requirement for water allocations. A. A water allocation shall be required for all actions within the city which would increase water use, except as provided in part B of this section or elsewhere in this chapter. A water 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; 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 (50a) or one - thousand (1,000) square feet, whichever is greater. Water Allocation Regulations Amended Draft (3) Building a new structure or facility which replaces a structure or facility having substantially the same type of use and size, or equal 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). C. These regulations shall remain in effect only so long as city water use exceeds the city's safe annual yield. D. Despite any other provision of these regulations, a project for which a complete construction - permit application was received by the city before September 1, 1988, shall be allowed to proceed whether or not an allocation under this chapter is provided. 17.89.040 Eligibility for water allocation. Water allocations shall be assigned to specific construction permits or requests to connect specific structures or facilities. A structure or facility shall be eligible for a water allocation only when each of the following has occurred: A. All required city discretionary approvals have been obtained. B. A complete construction permit application, request for connection, or other applicable request for entitlement has been received by the Community Development Department. C. Construction plans, or the structure or facility to be connected, include all applicable water - saving features Water Allocation Regulations Amended Draft required by this code when the allocation is requested plus any additional features required by ordinance or resolution of the council. 17.89.050 Allowed water -use increases; Reserve categories The following reserve categories are created: residential, affordable residential, nonresidential (see Section 17.89.020 for definitions). A. Initial reserve amounts: Upon July 1, 1992, the reserves shall have the following amounts. (1) Residential development: 0 acre -feet. (2) Affordable residential development: 0 acre -feet. (3) Nonresidential development: 0 acre -feet. B. Deletions from these reserves shall be made whenever an allocation is assigned to a project. C. Additions to these reserves shall be made only when projects increasing safe yield can deliver water through the city water system, according to the following factors multiplied by the added safe yield: (1) Residential: 0.28; (2) Affordable residential: 0.05; (3) Nonresidential: 0.17. Additions may also be made pursuant to Section 17.89.060.F. Any allocation forfeited pursuant to subsection 17.89.060.F shall be added to the reserve for the corresponding category. 17.89.060 Procedure for assigning water allocations. A. Water shall be allocated from the appropriate available reserves, in the order complete construction - permit applications are received, until the next eligible application would deplete the appropriate reserve category. Applications shall then be held, with assignment of any future reserve amount in the order complete construction permit applications have been received. Water Allocation Regulations Amended Draft B. Total water allocations shall not exceed a two percent increase in the then - current July 1 safe annual yield during any year from July 1 to June 30. C. Affordable residential applications shall be allocated water from the residential category until that reserve is exhausted, after which such applications shall be eligible for allocations from the affordable residential reserve. During any July the City Council may reassign all or part of any unused reserve from the affordable residential category to the residential category, upon determining that there is no foreseeable need for the amount to be reassigned. D. Developments with components in exclusive categories which cannot feasibly be separated must obtain any required water allocation for each applicable category. E. No project shall be allocated more than fifty percent (50%) of the available reserve within the appropriate category, provided that upon request by an applicant and upon finding that a larger allocation to the certain project would further the intent of these regulations, the Council may permit a larger portion of the available reserve to be allocated to that project. For the purposes of this section, "project" means the smallest, whole development approved as a single discretionary action by the city, including the construction within the area of a certain parcel map, tract map, planned - development, use permit, or architectural approval. "Project" does not include an entire specific plan area. F. A water allocation shall be building permit application extension thereto, approved The Chief Building Official available for allocation a permit application, without forfeited upon expiration of any or any valid building permit, or by the Chief Building Official. shall consider lack of water valid reason to extend a building payment of additional fees. G. An allocation shall not be transferred from one site or development to another, but it may be otherwise transferred among parties. H. Despite any other provision of these regulations, 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. Water Allocation Regulations Amended Draft I. Despite any other provision of these regulations to the contrary, allocations shall be provided for tenant improvements within buildings constructed before August 1, 1988, within spaces which have been continuously vacant since completion of the building shell, to the extent that the tenant's expected water use according to city schedules does not exceed the lowest typical use for the type of building. 17.89.070 Administration A. During any calendar quarter in which water -use allocations are limited pursuant to these regulations, the Residential Growth Management Regulations (Chapter 17.88 of this Code) shall be suspended. B. These regulations shall be administered by the Community Development Department. The Community Development Director may prepare administrative procedures for this purpose. These procedures may be reviewed and modified by the City Council at any time. The Community Development Director shall establish the amount of required water allocations for specific types of development. These allocations shall reflect the expected net increase in water use on a development site. They shall be based whenever possible on evaluation of water use records for similar types of development within the city, and may take into account specific proposed features which would result in a development using more or less water than generally estimated for its category. The estimates shall be expressed as the number of acre -feet per year a certain type of development is expected to use. 17.89.080 Fees. No fee shall be charged for the administration of these regulations. The council may, by separate action, establish capital facility fees to fund water conservation and supply projects, or revise water rates, as deemed appropriate. 17.89.090 Enforcement; Penalties The following violations of these regulations shall be a misdemeanor, punishable as provided in Chapter 1.12 of this Code: Water Allocation Regulations Amended Draft A. Connection to the city water system or beginning construction of a development without first obtaining any required water allocation; B Constructing or operating a structure or facility which has obtained an allocation pursuant to these regulations in a manner that would have resulted in its not having obtained the allocation. 17.89.100 Extension of Planning approvals. While these regulations are in effect, any use permit, variance, or architectural approval which expires pursuant to this code shall automatically be extended for two years. Upon written request by an applicant prior to expiration of the automatic renewal period, the Community Development Director, upon finding that conditions relevant to the approval have not substantially changed, may grant extensions not to exceed one year each. ^� �� 4 "Iw' Ordinance No. 1211 (1992 Series) .,,, FINALLY PASSED this 1st - day of June 1992 on motion of Councilmember Rappa seconded b Councilmember Roalman Y and on the following roll call vote: AYES: Councilmembers Rapper',. Roalman and Pinard NOES: Councilmember Reiss and Mayor Dunin ABSENT: None yor on Dunin ATTEST: I �2, ()rt"� City erk Pam Vo - AA,