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HomeMy WebLinkAbout1280Ordinance No. 1280 (1995 Series) Water Allocation Regulations Page 2 ATTEST: I i��/L V,,KWy� APPROVED: FA � F, ) WAR.ORD ividyur Allen K. Settle ORDINANCE NO. 1280 (1995 SERIES) AN ORDINANCE OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE WATER ALLOCATION REGULATIONS FOR CONSISTENCY WITH THE WATER & WASTEWATER MANAGEMENT ELEMENT BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The Council has held a public hearing on the proposed amendment in accordance with the California Government Code. 2. The Council has considered public testimony, and the report and recommendation of staff. 3. The amendment is consistent with the Urban Water Management Plan. 4. The Council has reviewed and approved the initial environmental study (ER 25 -93) and the negative declaration of environmental impact for the Urban Water Management Plan, and hereby determines that the proposed amendment is an implementing action covered by that environmental determination. SECTION 2. Amendment. Municipal Code Chapter 17, Water Allocation Regulations, is hereby amended as shown fully in the attached Exhibit A. SECTION 3. Publication and Effective Date. A summary of this ordinance, approved by the City Attorney, together with the votes for and against, shall be published once, at least five 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 30 days after its final passage. INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis Obispo at its meeting held on the 18th day of April , 1995, on motion of Smith , seconded by Roalman , and on the following roll call vote: AYES: Council Members Smith; Roalman, Romero, Williams and Mayor Settle NOES: None I ABSENT: None 0 -1280 EXHIBIT A City of San Luis Obispo WATER ALLOCATION REGULATIONS 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 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 residents, as provided in Chapter 17.90 of this Code. B. "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 development in partnership with or on land purchased or leased from a government agency. C. "Low -flow fixtures" means plumbing fixtures having the maximum flows allowed for such fixtures in new construction, as provided by State law. Water Allocation Regulat__ .i Exhibit A D. "Present water demand" is the result of multiplying the City's population, as estimated by the California Department of Finance, by the water use rate in the City's adopted Urban Water Management Plan. E. "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. F. "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 stated in the City's adopted Urban Water Management Plan. The yield of a new water supply project shall be counted toward safe yield only when construction has been initiated for the project. 17.89.030 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 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 (50 %) or one - thousand (1,000) 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. 2 Water Allocation Regulati-_.s — Exhibit A (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 (see also Section 17.89.050.0 concerning limitation on retrofit potential for annexations) 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). 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 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 A. The City shall make available for allocation to development the amount of safe yield which exceeds present water demand, provided that: (1) Until a 2,000 acre -foot reliability reserve plus 500 acre -feet to compensate for reservoir siltation have been obtained pursuant to the Urban Water Management Plan, only one -half the excess of safe yield over present demand will be available for allocation to development, and; 3 Water Allocation Regulate_ __.s Exhibit A (2) Until substantially all toilets and showerheads in the City are low -flow fixtures, only the additional safe yield from new water supply projects will be available for allocation to development. B. At least 7,702 acre -feet of safe yield shall be available for existing and potential development within the City limits of July 1, 1994. C. Projects outside the City limits of July 1, 1994, shall, in total, be eligible for exemptions through retrofitting not to exceed 33 acre -feet net savings. D. The total safe yield made available for allocation to development should be divided as follows among the indicated types of development: (1) Residential, 56 percent; (2) Affordable residential, 10 percent; (3) Nonresidential: 34 percent. E. An allocation forfeited pursuant to subsection 17.89.060.F shall be made available to other applications within its use category. 17.89.060 Procedure for assigning water allocations. A. Water shall be allocated from the appropriate category, in the order complete construction - permit applications are received, until the next eligible application would deplete the amount available for allocation. Applications shall then be held, with assignment of any allocation in the order complete construction permit applications have been received. B. 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. C. Developments with components in exclusive categories which cannot feasibly be separated must obtain any required water allocation for each applicable category. D. 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 n Water Allocation Regulate _.s Exhibit A 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. E. A water allocation shall be forfeited upon expiration of any building permit application or any valid building permit, or extension thereto, approved by the Chief Building Official. F. An allocation shall not be transferred from one site or development to another, but it may be otherwise transferred among parties. G. 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. H. 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 this Chapter, 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 5 Water Allocation Regulate. _. -s Exhibit A 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: 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. WTR- REGS.EXA rol 4 -25 -95 Ordinance No. 1280 (1995 Series) FINALLY PASSED this 2nd day of May 11995, on motion of Council Member Smith , seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Smith, Roalman, Romero, Williams, and Mayor Settle NOES: None ABSENT: None Mayor Allen K. Settl ATTEST: G NV