HomeMy WebLinkAbout08/02/1988, 3 - WATER ALLOCATION ORDINANCE MEEf1NG�l ZE:88
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i COUNCIL AGENDA REPORT ER:
7 N
FROM: Michael Multari, Community Development Director; BY: Glen Matteson, Assoc. Planner
SUBJECT: Water Allocation Ordinance
CAO RECOMMENDATION
Give final passage to the ordinance adopting Water Allocation Regulations, as introduced
July 19.
DISCUSSION
Background
Last year, the council called for regulations to control increases in water use resulting
from new development. On July 19 the council introduced specific regulations, after
considering an environmental impact report, lengthy staff analysis, Planning Commission
recommendation, and testimony from citizens with widely differing points of view.
Before the regulations take effect September 1, staff will return with resolutions
concerning administrative procedures, conservation standards for new development
(including landscaping), and eligibility and procedures for allocating the "special
reserve."
Significant Impacts
The EIR discusses potentially significant environmental and fiscal impacts from a
construction slowdown or a moratorium lasting as long as ten years. City costs and
revenues would both decline slightly. Some environmental impacts due to growth pressures
probably will be reduced, while others will be displaced to locations outside the city
with fewer development limits.
If the city does not regulate increases in water demand and new supplies do not become
available soon, the community will experience significant water-service impacts. On
balance, it appears that the desire to protect public health, safety, and welfare by
having adequate water supply warrants some additional controls on demand, even if some
financial and other environmental impacts occur in the short term.
Consequences gff nye taking action
If development-limiting regulations are not adopted and sufficient supplemental water
sources are not obtained, water use will continue to exceed safe yield of supplies. As a
result, people would face increasingly disruptive water-saving measures to avoid running
out of water during dry periods.
ALTERNATIVES
The council may give final passage, re-introduce the ordinance if changes are to be made,
or continue action.
Attachment: Ordinance with exhibit and synopsis
gm4/f p-ord
ORDINANCE NO. 1119 (1988 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
ADOPTING WATER ALLOCATION REGULATIONS
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 oiher than these regulations. However,
water demands have increased faster than supplies. In the future, total 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. These regulations are consistent with the general
plan.
3. The Council has evaluated existing and potential water sources and water demands, and
the environmental, economic, and public-service impacts of exceeding the safe annual
yield of available supplies by various levels. The Council has determined that these
regulations are necessary to protect the public health, safety, and general welfare.
Specifically, these regulations are necessary to assure that increased water use due
to additional land development will not jeopardize adequate water service to both
existing users and new users. These 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 considered an environmental impact report
(EIR), including comments and responses, in accordance with the California
Environmental Quality Act and state and city environmental impact procedures and
guidelines. The EIR observes that impacts on distribution of development actually
result from the water situation rather than the regulations, which are a mechanism
for allocating available water. Further, the EIR concludes that all potentially
significant adverse impacts of the regulations can be mitigated to acceptable levels.
SECTION 2. Environmental determination.
1. The council hereby certifies that the Environmental Impact Report, including
comments and responses, on the Draft Water Allocation Regulations is adequate.
2. The council further determines that potentially significant impacts of growth
displacement can be avoided or mitigated by conserving water and obtaining
additional water supplies.
3. However, if the proposed mitigation cannot be carried out as anticipated, there
exists an overriding concern to provide adequate water service which justifies
adoption of the regulations despite other potentially significant impacts.
01119
Ordinance No. .,1,1 1,9 .___ (1988 Series)
If the city experiences uncontrolled development during times of drought,
without the regulations the city would not be able to provide minimum acceptable
amounts of water for fire protection, personal consumption and sanitation, the
operations of businesses, industries, and public services, and landscape
irrigation, thereby jeopardizing public health and safety and community
welfare..
SECTION 3. Adoption. Chapter 17.89, Water Allocation Regulations, fully contained
in the attached Exhibit A and included herein by this reference, is added to the
Municipal Code.
SECTION 4. Publication and effective date. A summary of this ordinance, approved by
the City Attorney, together with the names of councilmembers voting for and against,
shall be published once, at least five (S) days prior to its final passage, in the
Telegram-Tribune, a newspaper published and circulated in this city. 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 the copy shall be available to any
interested member of the public. This ordinance shall go into effect thirty days after
final passage.
INTRODUCED AND PASSED TO PRINT in summary form by the Council of the City of San
Obispo, at its meeting held on the . 19th day of . July
1988, on motion of ..Mayor, Dunin.. ..... .. ... ..... .. seconded
by ..Counci,lman..Reis.s... ..... ... .. . and on the following roll call vote:
AYES: Mayor Dunin and Councilmembers Reiss and Rappa
NOES: Councilwoman Pinard
ABSENT: Councilman Settle
Mayor Ron Dunin
ATT
City Clerk Pam Voo s
X3-3
EXHIBIT A
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 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
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. J
Ordinance No.
Exhibit A
Page 2 of 7
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 Manager 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 (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 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 reduce 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.
V
Ordinance No.
Exhibit A
Page 3 of 7
(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. Any other provision of these regulations notwithstanding, 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 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.
A. General reserve categories
The following general reserve categories are created: general residential, affordable
residential, nonresidential (see Section 17.89.020 for definitions).
(1) Initial reserve amounts: Upon July 1, 1988, the reserves shall have the
following amounts.
(a) Residential development: 101.0 acre-feet.
(b) Affordable residential development 17.9 acre-feet.
(c) Nonresidential development: 40.0 acre-feet.
3-6
Ordinance No.
Exhibit A
Page 4 of 7
(2) Deletions from these reserves shall be made as follows:
(a) On September 1, 1988, the amount of expected water-use increases for: (i)
those developments which have obtained construction permits between July 1,
1988, and September 1, 1988, and (ii) those developments which submitted
complete construction permit applications before September 1, 1988, whether
or not they have obtained construction permits.
(b) Whenever an allocation is made after September 1, 1988.
(3) Additions to these reserves shall be made as increases in safe annual yield are
obtained, according to the following factors times the added safe yield:
(a) Between July 1, 1988, and when the first 147.1 acre-feet of additional
yield have been obtained: zero.
(b) After the first 147.1 acre-feet of additional safe yield have been obtained
(following July 1, 1988):
(i) Residential: 0.28;
(ii) Affordable residential: 0.05;
(iii) Nonresidential• 0.17.
Additions may also be made pursuant to Section 17.89.060.C.
B. Special reserve category
On September 1, 1988, there shall be available 73.6 acre-feet for allocation to tenant
improvements and changes of use, within buildings under construction or completed before
September 1, 1988, and applications within large, phased developments which have made
substantial committments to public facilities, as designated by resolution of the
council. After at least 294 acre-feet of additional safe yield have been obtained
(following July 1, 1988), the council may by resolution add not more than 73.6 acre-feet
to this special reserve. So long as a sufficient amount remains in this category,
projects in this category shall use only this reserve. Once this reserve is completely
allocated, projects shall be eligible only for the general categories of reserves.
C. Any allocation forfeited pursuant to subsection 17.89.060.G shall be added to the
reserve for the corresponding category.
3- �
Ordinance No.
Exhibit A
Page 5 of 7
D. The safe yield of a new source shall be added to the reserves only when all of the
following have occurred with respect to the project which would actually deliver
water from the source to the city water system:
(1) Environmental review has been completed;
(2) The Council has approved plans and specifications;
(3) The city Utilities Manager determines that the source is expected to deliver the
yield to be counted within one year.
17.89.060 Procedure for assigning water allocations.
A. Water shall be allocated from the appropriate available general 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 shall be allocated from the special reserve category in the order complete
construction-permit applications are received, unless the council by resolution
establishes another manner of assigning allocations.
B. Total water allocations from the general categories of reserves 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. (For the period July 1, 1988, through June 30, 1989, this
limit shall be 147.1 acre-feet.)
C. Affordable housing applications shall be allocated water from the general residential
category until that reserve is exhausted, after which such applications shall be
eligible for allocations from the affordable housing reserve. During any July the
City Council may reassign all or part of any unused reserve from the affordable
residential category to the general residential category, upon determining that there
is no forseeable need for the amount to be reassigned.
D. Projects in the special category shall be eligible for allocations only from the
special reserve, until the special reserve is depleted. Once the special reserve is
depleted, such applications shall be eligible for allocations from remaining
categories, in the order complete construction permit applications are received.
E. Developments with components in exclusive categories which cannot feasibly be
separated must obtain any required water allocation for each applicable category.
3-8
Ordinance No.
Exhibit A
Page 6 of 7
F. 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.
G. 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. The Chief Building Official shall consider lack of water
available for allocation a valid reason to extend a building permit application,
without payment of additional fees.
H. An allocation shall not be transferred from one site or development to another, but
it may be otherwise transferred among parties.
17.89.070 Administration
A. During any calendar quarter in which water-use increases 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.
r
Ordinance No.
Exhibit A
Page 7 of 7
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.
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