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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: �p�u►I cityo san ..��s oB�spo �- l =- Iffisftft 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 I �, 1 ���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 T�� 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 i 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 I OTHER DEPARTMENT COMMENTS i The Utilities Director concurs with the recommended action. ALTERNATIVES i I 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. i14� 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) . I RECOMMENDATION I 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 i I Draft ordinance with legislative draft exhibit Draft synopsis gmG: WAR-CC.WP I i i I i I I I 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) 9m G:WTRREGSL.WP [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 gm G:WAR-SYN.WP ,lv -I�i