The URL can be used to link to this page

Home My WebLink About10/01/1991, 4 - APPEAL OF STAFF WATER ALLOCATION DETERMINATION FOR SLO BEAUTY COLLEGE RELOCATION 4��h��NIIIIIIIIIIIII�IIQIN MEETING GATE: city o1 san lugs ogispo ,o-1-2i . COUNCIL AGENDA REPORT ITEM NUMBER: 041 FROM: Arnold B. Jonas, Community Development Director PREPARED BY: Glen Matteson, Associate Planner Gym SUBJECT: Appeal of staff water allocation determination for SLO Beauty College relocation CAO RECOMMENDATION Deny the appeal and confirm the current policy of keeping water allocations/credits at a certain site. DISCUSSION Data Summary Addresses: current: 712 Marsh Street proposed: 12330 Los Osos Valley Road Owners: Marsh Street Associates; Los Osos Valley Associates (John Rossetti representing both) Applicant/appellant: San Luis Obispo Beauty College (Morris Goatley) Representative: Roderick A. Rodewald, Diehl & Rodewald Environmental status: Categorically exempt as a minor change to land-use limitations Background According to the City's Water Allocation Regulations, a water allocation is required to "change the use of land or buildings" (S.L.O.M.C. section 17.89.030.A) and "Water allocations shall be assigned to specific construction permits " (section 17. 89. 040) . The Administrative Interpretations endorsed by the Council say, "Water allocations are awarded to a specific project on a specific site. If either the project or the site change, any allocation shall be forfeited" (part 1) . Staff has interpreted these rules to mean: - The water use "credit" of an existing business remains at the existing location; a business which moves from one location to another within the City can not take its water use history or credit with it; - The water usage credit remains at the previous location, and is available for any future occupant; - When the use of a building changes, a new business with higher water use need account only for the net increase in water use over that of the previous type of business. If the business accounts for the increase by retrofitting, the offset ratio of two-to-one requires savings equal to twice the net increase. —1 ii7�fiililhl!!IIIIP� ��I�IIII city of San lugs OBlspo COUNCIL AGENDA REPORT When the water allocation procedures were established, the site- specific approach was favored because there would be far less potential for confusion if water credits stayed at certain locations and because land-use regulations characteristically "run with the land" rather than a particular occupant. This approach was confirmed in a Community Development Director's memo by Randi Rossi in 1989, in response to concern by Planning Commissioners that a business had moved its water credit. In that case, the business which moved had a water use the same as the average for the type of building it moved to, and so it did not have to wait for an allocation or retrofit. Several retrofits for changes of use within existing buildings have been completed or are underway, including the relocation of a dental office to a space previously occupied by a nonmedical office. The Water Allocation Regulations are intended to balance long- term water supply and demand. Under the mandatory water conservation program, intended to extend supplies during the drought, a water customer which moves may base its target use levels for the new account on the usage history of its previous account. Staff evaluated the Beauty College request on August 1, 1991, and determined that the tenant-improvement building permit for the new location would require an offset of 1. 67 acre-feet. At the Beauty College, student hairdressers practice on customers. At the 3 , 000-square-foot Marsh Street location, they have consistently used about 1.26 acre-feet per year. The college proposes to occupy 4 ,800 square feet in a service- commercial building, previously occupied by a furniture store. If the required offset amount was based on the Beauty College's usage for the last five years and the average usage in a service- commercial building, it would be 3 .3 acre-feet. Staff decided instead to base the required offset amount on the average for hair salons, assuming that in a newer building the usage per square foot would be lower than in the Beauty College. Policy 4uestions i Citywide water use will not be affected by a decision to keep or to change the policy that water allocation credits remain with a site, so long as the new policy is carefully conceived. This is a question of fairness and administrative efficiency. Sound arguments can be made for both points of view. However, if the Council favors changing the approach, several related questions must be answered. They are listed below, along with suggested responses. ��►��I►�illllllll�1Q �II�III city of San tins OBIspo Nii% COUNCIL AGENDA REPORT 1. If an occupant takes its water credit when it moves, how much, if any, is left at the previous location? Would any new occupant then need to retrofit? Suggested policy: An occupant which moves can take only its excess usage above the average for a mixed-tenancy commercial building. Example: the current Beauty College location could be used for a dry-goods store or office, but a restaurant or a hair salon would have to retrofit to account for the net difference. i 2. Can an occupant move its water allocation only to an existing building, or to a newly constructed building? Suggested policy: A moved water allocation can go only to an existing building. Example: A laundromat could move its water allocation to a space in a previously constructed building, but could not use the moved allocation to get a building permit for a new building. (Otherwise, to take an extreme case, a family renting a house could move their allocation to a house to be built, while the owner of the i rental would have to retrofit before a new family could move i in. ) i 3 . What if the occupant moves into a larger space? Suggested policy: The occupant must account for any increase in floor area, or other measurement on which City water use factors are based. Example: The Beauty College would have to account for the 1,800-square-foot (60 percent) increase at its new location. Otherwise, in an extreme case, an occupant could double or triple its space without having to account for increased water usage. Alternative: exempt the first 50 percent or 1, 000 square-feet of floor j area increase (the regulations currently exempt an expansion at an existing location, which is the greater of 1, 000 square-feet or 50 percent) . 4. How do we determine what business is moving? i Suggested policy: In ambiguous cases, the allocation credit remains at the previous location. Example: Two partners with equal interests operating a restaurant split the business; one partner opens in a new location with the same name on the sign; the other partner keeps operating a restaurant under a different name at the current location. The allocation remains at the current location and the partner who moves must account for any increase at the new location. I 7�ililill':lIII �q1 �IiIIIII City of San Luis OBlspo COUNCIL AGENDA REPORT ALTERNATIVES The Council may support the appeal. It may do so by either: A. Adopting a resolution to revise and expand the water allocation administrative policies, including direction on the questions noted above; or B. Introducing an ordinance to amend the Water Allocation Regulations, plus adopting a resolution concerning the iadministrative policies. The choice of alternative depends on the Council's level of comfort with consistency with the adopted regulations. Staff would suggest amending the regulations by ordinance, though this approach would take longer. (An ordinance would take effect 30 days following final passage, while a resolution alone could take effect upon adoption. ) The Council may continue action. RECOMMENDATION Adopt a resolution to deny the appeal and confirm the current policy of keeping water allocations/credits at a certain site. The draft resolution, attachment #1, would do so. If the Council supports the appeal, introduce an ordinance amending the Water Allocation Regulations (attachment #2) and adopt a resolution clarifying policies for relocation of water credits (attachment #3) . Note: The resolution as drafted would take effect the same date as the ordinance. If the Council I prefers to adopt the resolution alone and have it take effect immediately, the wording should be changed to say so. ATTACHMENTS I Draft resolution denying the appeal Draft ordinance amending the Water Allocation Regulations Draft resolution amending water allocation administrative policies I gmD: BCAPPEAL.WP i I Ioi►ilIIIIIIIIIIII IIlolil►11�1 1111 City of sin tuis oBispo 990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403-8100 APPEAL TO CITY COUNCIL In accordance with the appeals procedure as authorized by Title I, Chapter 1.20 of the San Luis Obispo Municipal Code,theundersigned hereby appeals from the decision of Community f pets Devvnelopment DepartzalL rendered on 8-141� R-y>-Q1 which decision consisted of the following (i.e. set forth factual situation and the grounds for submitting this appeal. Use additional sheets as needed): ALpellant is sedarg to move SLO Bey Gollege fran 712 Marsh to 12330 lies Osos Valley Road. NDb t: sta xJirg the fact that dxxe will be no increase in water usage, staff has daded A{>pdLmr the right to use his a urratt Hater allocation at the naw fxi 1 i ty, 4&.h Ls still within city limits. Staff's interpetation of the Hater allocation regilatians Huild result in an uuearnu ba-efit to a suxessor taut at the Marsh Street location, Odle skultansoLsly causing substantial ecanardc detsime tt to a lc gsta xUag San LLds Obispo bsiness. The undersigned discussed the decision being appealed with: Glen Mattison on 8-22-91 DATE &TIME APPEAL RECEIVED: Appellant: Morris Goatley San Luis ClAspo 138afy College RECEIVE ® erne Roderirlc A. RadeNald x'35 �r1. Diehl & RodeHald AUG 3 P, 1991 P Representative 1011 Pacific Suet CITY CLERKspo' CA 934M SAN LUIS 0613P0,CA A fess (805) 541-1000 Phone Original to City Clerk City Attorney Calendared for. Copy to Administrative Officer Copy to the following department(s): ITY CLERK Ken . ru�z, C DJC S RESOLUTION NO. (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL DENYING AN APPEAL OF A WATER ALLOCATION DETERMINATION FOR SAN LUIS OBISPO BEAUTY COLLEGE WHEREAS, the City Council has held a public hearing on the issue of moving water allocation credits, in connection with an appeal by San Luis Obispo Beauty College; NOW, THEREFORE, the Council resolves as follows: 1. The requested exception would not be consistent with the Water Allocation Regulations, and would not promote the public health, safety, and welfare. 2 . The request to move a water allocation credit is hereby denied. On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1991. Mayor ATTEST: City Clerk Resolution No. (1991 Series) Page 2 APPROVED: J =�� Q-� City A inistrative Officer At or y z Community D v lopment Director iI 11, -T. 1 Utilities Director 4-7 ORDINANCE NO. (1991 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING THE WATER ALLOCATION REGULATIONS CONCERNING MOVING WATER ALLOCATION CREDITS WHEREAS, the City Council has held a public hearing on the issue of moving water allocation credits, in connection with an appeal by San Luis Obispo Beauty College; and WHEREAS, the City Council determines that this amendment is categorically exempt from environmental review as a minor alteration in land use limitations; 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. Municipal Code Subsection 17. 89 . 030.B, containing those actions which do not require a water allocation, shall be amended by the addition of part (7) , to read as follows: "An occupant moving from one location in the city to another location, in an existing building, and occupying the same or less space. " SECTION 2. This ordinance, 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 its 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 , 1991, on motion of , seconded by and on the following roll call vote: AYES: NOES: ABSENT: Ordinance No. (1991 Series) Page 2 Mayor ATTEST: City Clerk APPROVED: ty A inistrative Officer t to ney CommouQni-tya elop1,men�t Director Utilities Director gmD: MOVE-ORD.WP 4-9 RESOLUTION NO. (1991 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE WATER ALLOCATION ADMINISTRATIVE INTERPRETATIONS WHEREAS, the City Council has held a public hearing on the issue of moving water allocation credits, in connection with an appeal by San Luis Obispo Beauty College; and WHEREAS, the Council has introduced an ordinance amending the Water Allocation Regulations and determining that the amendment is categorically exempt from environmental review as a minor alteration in land use limitations; NOW, THEREFORE, the Council resolves as follows: When an occupant moves from one site to another within the City, its water allocation credit will apply to the new location, provided that: A. The average water use credit for the building type previously occupied shall remain at the previous location. B. The water allocation credit may be moved only to existing building space, and shall not be the basis for obtaining a permit to construct additional space. C. The occupant must account for any increase in occupied floor area, or other measurement on which City water use factors are based, at the new location in comparison with the previous location. D. In ambiguous cases, such as some component of the occupant moving and some component remaining at a location, the entire allocation credit shall remain at the previous location. This resolution shall take effect the same date as Ordinance No. , which amends Section 17 . 89. 030.B of the Water Allocation Regulations. On motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of , 1991. 4-10 Resolution No. (1991 Series) Page 2 Mayor ATTEST: City Clerk APPROVED: City A 'nistrative Officer t t rn Community De opment Director � aL Utilities Director gmD: WTR-RES.WP 4-11 1EETINGG �� AGENDA _ DIEHL �3 RODEWALD DATE= # A PROFESSIONAL CORPORATION JOSEPH W. DIEHL.JR. ATTORNEYS AT LAW TELEPHONE: RODERICK A.RODEWALD 1805) 541.1000 ANDREW W. HAYS 1011 PACIFIC STREET TELECOPIER: ALLEN K. HUTKIN P.O.BOX 1207 (SOS) 541-6870 OF COUNSEL SAN LUIS OBISPO,CALIFORNIA 93406 ANNE M. RUSSELL September 27, 1991 Ms. Pam Voges City Clerk City of San Luis Obispo P. O. .Box 8100 San Luis Obispo, CA 93403-8100 RE: Appeal - San Luis Obispo Beauty College Dear Ms. Voges: The San Luis Obispo Beauty College is hereby withdrawing its appeal of the Community Development Department staff determination denying water allocation transfer from 712 Marsh Street to 12330 Los Osos Valley Road. Please remove this matter from the City Council' s healing calendar on Tuesday, October 1, 1991. Thank you for your attention to this matter, and by copy of this letter I am informing Mr. Matteson of the Community Development Department. Sincerely, DIHL & RODEW D . Roderick A. Rodewald RAR/mwh CC: Morris Goatley, Gold Coast Education, Inc. Glen Matteson, Community Development Department COPIES TO: �a �/® 11,Denotes Action ElFYI C R E T I F- E 21/lcamca eCDDDIR. L� O ❑ F.N.DIR L'f ACRO ❑ FIREOiMF YGIILERK 991 PCCCuo c. � u�¢I IACMT.TEA1.1 CJ P CDM SO,CA �C T DF'LL Q ITIID'R 7 [' Flip