HomeMy WebLinkAbout05/19/1992, 4B - AMENDING THE WATER ALLOCATION REGULATIONS, AS PREVIOUSLY DIRECTED BY COUNCIL, TO PREVENT ALLOCATIONS FROM RESERVES AT THE END OF MANDATORY CONSERVATION. �IINa� Ii����IIIIIIIAII�I,I f MEETING DATE:
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INUMM COUNCIL AGENDA REPORT ITEM NUMBER:413
FROM: Arnold Jonas, Community Development Director
PREPARED BY: Glen Matteson,A sociate Planner
SUBJECT: Amending the Water Allocation Regulations, as
previously directed by Council, to prevent allocations
from reserves at the end of mandatory conservation.
CAO RECOMMENDATION:
Introduce an ordinance to print, in summary form, (1) finding
that the change is categorically exempt from further
environmental review, and (2) amending the Water Allocation
Regulations, to eliminate the current water allocation reserve
amounts and to simplify and update the regulations.
DISCUSSION
Situation
Staff has drafted changes to the regulations (attached) to carry
out previous Council direction.
The currently effective Water Allocation Regulations were adopted
in 1988 and have been amended three times since then. They
determine how much water can be made available for development,
depending on the relationship between the normal level of water
use and the City's reliable level of water supply (safe yield) ,
the amount of any additions to safe yield, and the existence or
absence of mandatory conservation. At the end of mandatory
conservation, the regulations currently in effect would make
available allocations which largely have been held in reserve
since the last increment of safe yield (from the groundwater
program) .
On April 21, 1992, the City Council considered several aspects of
shifting from mandatory conservation back toward voluntary
conservation. At that hearing, Council directed that the water
allocation reserve amount not be made available, but that
building permit applications still have the option of
retrofitting. (A few projects in the planning review process by
March 15, 1989, would continue to be eligible for allocations
when they apply for building permits; also, some deferred City
landscape projects will use water that is exempt from current
allocation limits) . Council thought this change would be
prudent, considering the recent reduction in estimated safe
yield.
Evaluation
The proposed amendment would help achieve balance between supply
and demand sooner than the current regulations, by eliminating
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���n����N►I�IIIIIIIIIP° 1II city of San I.-AS OBISpo
0=011% COUNCIL AGENDA REPORT
the current reserve amounts. However, the regulations would
still divide future additions of safe yield (new supplies)
equally between allocation to development and balancing normal
use and safe yield, until the balance is achieved. The City
probably will not obtain supplemental sources for several years,
and then will obtain one or two large sources causing safe yield
to exceed normal use, so this half-and-half division may be moot.
The proposed changes would greatly simplify the regulations, by
deleting the provisions which concerned their initial application i
and some later amendments, which are now irrelevant.
To put the various quantities in perspective:
- On April 1, the water allocation reserve contained about 105
acre-feet, in the following categories: general residential
- 57 acre-feet; affordable residential - 28 acre-feet;
nonresidential - 20 acre-feet.
- on April 1, building permit applications were waiting for
about 6 acre-feet, in the following categories: residential
- 5 acre-feet; nonresidential - 1 acre-foot. (No affordable
residential projects were waiting; if an affordable project
was waiting, it would be eligible for the remaining general
residential reserve. )
- Current annual water use is about 5, 000 acre-feet, but
increases are expected with the end of mandatory
conservation, even if no water is allocated to development.
- Safe annual yield is about 7,735 acre-feet; normal water use
is about 8,200 acre-feet (this is 1987 usage plus water
allocated to development projects from 1987 through March
1992, minus net savings from retrofitting over that time) .
- Each one acre-foot of water for new development would cancel
out the savings of roughly 30 households, if the City had to
again mandate 35-percent water conservation in a drought
following several years of usage exceeding safe yield.
- The State Water Project is expected to provide about 3 , 000
acre-feet- beginning in 1996 or 1997; the Salinas Reservoir
expansion may provide about 1, 600 acre-feet at about the
same time.
Environmental review
Staff has determined that the proposed amendment need not undergo
further environmental review. The recommended ordinance
provisions would be categorically exempt as minor changes to
land-use limitations. Also, the 1988 Environmental Impact Report
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iV10111lcity O� San t OBISPO
As COUNCIL AGENDA REPORT
(EIR) for the Water Allocation Regulations evaluated making no
water or a substantial amount of water available to development.
Long-term conditions have not changed significantly since the
Council certified that EIR.
Previous consideration
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The proposed amendment is similar to one initiated by the Council
in November 1989 and recommended by the Planning Commission in
March 1990, which would have stopped allocations until normal
water use and safe yield were in balance. i
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OTHER DEPARTMENT COMMENTS
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The Utilities Director concurs with the recommended action.
ALTERNATIVES
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The Council may introduce other ordinance language concerning the
amount of water allocations to be available and the types of
I projects which are to be eligible; for example, making
allocations available to:
- Affordable housing projects;
I
- Building permit applications on file on a certain date;
- Building permit applications requiring a certain total
i amount of water.
The companion staff report concerning the Villa Rosa request
elaborates on some of these alternatives.
Substantial changes from both the existing regulations and from
the previous direction may require additional environmental
review, concurrent changes to the general plan Water and
Wastewater Management Element to maintain consistency, or both.
The Council may deny the ordinance by motion, which would leave
the current regulations in effect, resulting in about 105 acre-
feet of allocations becoming available, within certain
categories, in the order building permit applications are
received.
The Council may continue action.
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city o� san IL � osispo
COUNCIL AGENDA REPORT
CITIZEN PARTICIPATION
There was no public testimony concerning allocating water to
development projects at the April 21 (4: 00-p.m. ) meeting.
As noted, the Planning Commission previously recommended similar
changes. There will be an additional opportunity for testimony
at this meeting, and at the hearing for adoption (final passage) .
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RECOMMENDATION
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Introduce an ordinance to print, in summary form, (1) finding '
that the change is categorically exempt from further j
environmental review, and (2) amending the Water Allocation
Regulations, to eliminate the current water allocation reserve
amounts and to simplify and update the regulations.
ATTACM(ENTS
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Draft ordinance with legislative draft exhibit
Draft synopsis
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ORDINANCE NO. (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 Development Director 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 its final 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. (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 day
of , 1992, on motion of ,
seconded by , and on the following roll
call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED:
City Administrative Officer
t r
Community a lopme.�n�t Director
Utilities Director
gmH: WAR-ORDS.WP
44) �(u
EXHIBIT A -
WATER ALLOCATION REGULATIONS
(Legislative 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
development in partnership with or on land purchased or
leased from a government agency. ; - '�
(page 1 of 8)
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 (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.
(page 2 of 8)
Water Allocation Regulations Legislative Draft
(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
required by this code when the allocation is requested plus
any additional features required by ordinance or resolution
of the council.
(page 3 of 8)
Water Allocation 1 - 4ulations Legislative Draft
17 .89. 050 Allowed water-use increases.
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 1912, the
.j;�
M.Z reserves shall have the following amounts.
(a) Residential development: !G1. 9 acre-feet.
(b) Affordable residential development 4:7 . 9 O.: acre-
feet.
..63Y (c) Nonresidential development: 49. 9 fl acre-feet.
J8+ Deletions from these reserves shall be made as fellews,
(a) en September !, !988 , the aneunt of expeeted
water iaases Fer! (i) these develepments-
whieh Za�en�;a�4ned eenstruetien permits betwee-m
Ottly 11 1988, and September 1. 1988 ,
these develepments whieh submitted eemplete
eenstruetien permit applieatlens befere Septem
ice-1988,whether er net they have ebtained
eenstruetlen permits.
-HDj- Whenever an allocation is made after September -4=,
1:98
.... .......
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:
(a) Between ZFely ly 19881 and when the flrst 147 .-+
aere feet ef additienal yield have been ebtained!
zere.
(b) After the first 147. ! sere-€e et ef add=tlenal 5afe
yield have been ebtaineel (frelle-soing d7uly 3:1 1988)
+i+ Residential: 0. 28 ;
P
+i4+ Affordable residential: 0. 05;
Nonresidential: 0. 17.
Additions may also be made pursuant to Section
17.89. 060.E V.
(page 4 of 8)
Water Allocation logulations Legislative Draft
B.
9n-September, 1988, there shall be available ?3 . 6 sere-feet fe=
alleeab-ren-te tenant imprevements and -Lu- es e f use within
and
ens within
I I
designated by reseltitlen ef the eeuneil. After at least 294
aere feet
duly-1, X9+8n. • the ---. --- _ -1 by ---------- -as net mere
- th
73 . 6 &ere feet to this speeial reserve. Se 1-_ng _- a sc_ffieient
ameunt-remains in this-eatege , prejeets in this eategery shall
use-enly this reserve. enee this papa- -_ -_ -_ , _,__,.
aiieeated, prejeets shall be eligible n_n_l y fer the general
eategeries of reserves.
F Any allocation forfeited pursuant to subsection 17 . 89. 060.6
p shall be added to the reserve for the corresponding
category.
A The
safe
e 1 d o f s e shall
b e added ape the h e
B. �..- ---- 1�---_ -- - ..-.. ------ -__--- -- -papa _ _ ____
reserves enly when all the
respeet to the-prejeet -.L_=`- --__, d aet_=, ,. deriver watei-
_L(2) The Geianell has -f
er system.,
(I) Envivermental review has been eempleted,
and
appreved r--__- -r-.'
3) Th city Ut l It es Manager. determine- that the set3rree
is-empeeted to deliver the yield to be =-- t=' -hin
fir.
17. 89. 060 Procedure for assigning water allocations.
A. Water shall be allocated from the appropriate available
genual 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 alleeated €ren the
to the-ewer-eemplete eenstruetlee-pelt appileatlens are
.eeeived, unless the eeu ell by reselutlen establishes
B. Total water allocations r__- the general _,_eger__- _f
J
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. , threegh
gene 36 891 this limitshall be 14q . ! sere--feet. )
Anil
(page 5 of 8)
Water Allocation Regulations Legislative Draft
C. Affordable hewing res dle:t a applications shall be
allocated water from the 46h6ral residential category until
that reserve is exhausted, after which such applications
shall be eligible for allocations from the affordable
hewing es ::de:rt ail reserve. During any July the City
Council may"`reassign all or part of any unused reserve from
the affordable residential category to thegenera
residential category, upon determining that there is no
foreseeable need for the amount to be reassigned.
D Prejeets in the speeial g Va
shall be ellq�ble fer
alleeatiens enly-€rein the-sgeelal reser -, until the spe
reserve is depleted. enee the spec -1 -__-- • _ is -l _t_a
eategeriesi
permit appileatlens are reeelved.
-E Developments with components in exclusive categories which
cannot feasibly be separated must obtain any required water
allocation for each applicable category.
P 0. 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 0. An allocation shall not be transferred from one site or
development to another, but it may be otherwise transferred
among parties.
y
i. Despite any preyislen of these reg s.
latae-_ _ the --_t..ar
7 -1 i
.... af$ei-cune 39
l989 , thel°e shall be ne-az leCa$i-e=reF water
to develepnent while the elty has in effeet-amandatery
astep-eenservatien pregean, a-it the fe--ew
-na emeeptien,
Few—the-purgeses of this seetien, a I'mandatery water
eustenei rate struetuires--iitended tenaer`ilede=sabscantiall
-sem at - preg am as
intended
in
this
- bseeL. en
(page 6 of 8)
Water Allocation .�-_gulations - Legislative Draft
despite ...n other provision of these regulationsAs
... --L. ..."'ice LL' L haR7nn� n
Tiih:
____ s
31 19,8-9—, 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.
frem any alleeat3ens available €er the-mer#ed duly969
threugh jure 1999 -a ter :men dater censer at =_ meas-- __ are
lifted. else- the _xpeeted water-rise r+f sue _...eject_ shall
be—ineluded—in- any—ealeelatlen e€ water d____d .._eel to
determine the anseunt of water ayallable-fer future
a17 - ..t
X. J. Despite any other provision of these regulations to the
XIXcontrary, 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. The expeeted water use of sueh tenant
l...... temeats shall be aeeeented fe= in determining elty
water—use and '..rv. reserves ::1}i-e7a-may be all;aa#ed-
17. 89. 070 Administration
A. During any calendar quarter in which water-use :nom
a".?'lB.El"Mare limited pursuant to these regulations, the
lesclential 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.
(page 7 of 8)
Water Allocation i.,--gulations Legislative Draft
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:
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.
(page 8 of 8)
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[synopsis]
ORDINANCE NO. (1992 SERIES)
Water Allocation Regulations Amendment
On , 1992 , the San Luis Obispo City Council
voted to to introduce Ordinance No. (1992
Series) , which amends the City's Water Allocation Regulations. The
amendment would set to zero the amount of allocation reserves for
nonresidential, residential, and affordable residential projects.
With this action, the amounts currently in reserve will not be
available at the end of mandatory conservation. The amendment
would simplify and update other provisions of the regulations.
Certain types of projects allowed by the current regulations,
including those which make themselves exempt by retrofitting, still
would be allowed to proceed.
The Council must vote again to approve the ordinance before
it can take effect. That action is tentatively scheduled for
1992, at a regular City Council meeting to
begin at 7: 00 p.m. in the Council Chamber of City Hall, 990 Palm
Street.
Copies of the complete ordinance are available in the City
Clerk's Office (Room i1) at City Hall, 990 Palm Street. For more
information, contact the Community Development Department at 781-
7171.
Pam Voges, City Clerk
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