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HomeMy WebLinkAbout04/18/1995, 2 - AMENDING THE WATER ALLOCATION REGULATIONS TO UPDATE THEM AND MAKE THEM CONSISTENT WITH THE RECENTLY REVISED WATER AND WASTEWATER MANAGEMENT ELEMENT. ��I�Y11JR11111 C'"> Of Sal l L%AIS OBISPO MEEIIi G DATE: am,AW� COUNCIL AGENDA REPORT �'"NUMBER: FROM: Arnold B. Jonas, Community Development DirectorO BY: Glen Matteson, Associate Planner 5 SUBJECT: Amending the Water Allocation Regulations to update them and make them consistent with the recently revised Water and Wastewater Management Element. CAO RECOMMENDATION: Introduce an ordinance to print, to determine that the negative declaration for the revised Water and Wastewater Management Element covers these amendments, and to amend the Water Allocation Regulations as shown in the attached draft. DISCUSSION Council has adopted a new water section for the Water and Wastewater Management Element of the General Plan, which is the basis for the Water Allocation Regulations. The Water Allocation Regulations control issuance of building permits in relation to water availability, and the option of retrofitting when water allocations are not available. Changes are needed to keep these implementing regulations consistent with the policies, and to update them. The attached legislative draft details the proposed changes. The circled numbers in the margin key to the following specific explanations. 1. When the regulations were first adopted, a key concern was regaining a balance between normal usage levels and reliable supply. The balance essentially has been regained. 2. In adopting the Land .Use Element update, Council indicated a desire to provide for moderate-income housing developments only those preferences mandated by State law, while keeping bonuses for low-income housing. This change would follow that direction, but it is not needed for consistency with any State or City policies or laws. 3. The Urban Water Management Plan uses the concept of"present water demand" in place of"city water use" (Urban Water Management Plan policy 2.3.4). 4. "Low-flow fixtures" are defined, since they are referred to in a following section (item #11). . 5. The Urban Water Management Plan uses the concept of"present water demand" in place of'city water use" (Urban Water Management Plan policy 2.3.4). 6. The safe yield definition would be modified for consistency with the Urban Water Management Plan (policies 2.1.1, 2.1.2, and 2.8.2.A). 1110 IIiIIi111XI p` city Of san LUIS OBI SPO 10ijS COUNCIL AGENDA REPORT 7. In applying the regulations, only the amount of water use has been considered in deciding replacement projects —not a building's type or size-- consistent with the regulation's stated purpose. 8. This referral is to assure that the reader is aware of the limitation on the exemption. 9. Consistent with the Urban Water Management Plan (policy 2.8.2), the regulations would remain in effect even though the normal level of water usage is about the same or slightly below safe yield, since low long-term usage appears to be contingent on additional retrofitting. 10. This part conforms with Urban Water Management Plan policy 2.8.2.B. 11. This part conforms with Urban Water Management Plan policy 2.8.2.C. The ordinance refers to "substantially all" fixtures, since it may be difficult to determine when literally every fixture has been retrofitted. 12. This part conforms with Urban Water Management Plan policy 2.8.3. 13. This part conforms with Urban Water Management Plan policy 2.8.3. 14. This part replaces the lined-out section on page 4, which would be confusing with its reference to "reserve categories." This part conforms with the proportional shares provided in the lined-out section, and with Urban Water Management Plan policy 2.8.2.A. 15. These word changes conform with the language referred to in item #14. 16. The new Land Use Element says residential development should not exceed one percent per year, on average and with certain exceptions; it does not set a limit for nonresidential development. Setting a limit on the percentage increase allowed by water allocations would be confusing and could be inconsistent. 17. For most of the time since the regulations were adopted, the lined-out wording has had no effect, since projects have proceeded based on retrofitting. The lined-out wording conflicts with provisions of the Uniform Building Code. ALTERNATIVES The Council may introduce the ordinance with features different from the attached draft. However, the regulations should be consistent with the Urban Water Management Plan. Action on the regulations may be continued, but they should be amended to conform with the Urban Water Management Plan in a reasonable time. city of san , . OBI SPO --- - - COUNCIL AG—EN®A► REMP ORT RECOMMENDATION Introduce an ordinance to print; to determine that the negative declaration for the revised Water and Wastewater Management Element covers these amendments, and to amend the Water Allocation Regulations.as shown in the:attached draft. AT rACHED Legislative draft of proposed_ regulations Draft ordinance with exhibit Draft ordinance summary for public notice Negative declaration of environmental impact (with initial study) WMAEGICAR City of San Luis Obispo WATER ALLOCATION REGULATIONS Legislative draft of changes proposed November 1994 w a de wer-ds-deleted These regulations were adopted by Ordinance No. 1119 (given final passage on August 2, 1988), and were amended by: Ordinance No. 1144 (April 18, 1989) Ordinance No. 1151 (September 26, 1989) Ordinance No. 1164 (March 3, 1990) Ordinance No. 1211 (June 1, 1992) 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 1 existing users and new users. They are to help the City Fegain and theft 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 e- -- -e-- residents, as provided in Chapter 17.90 of this Code. Water Allocation Regulations Legislative Draft OB. " " means the afneent of ' entitled, na* tetiali eFaie Pelyteehaie-96ae U tiversiE years, E "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- O - Iow. xtusex" anearts putnbutg fSxtures havutg tUe mnUm flows.aildired for sly ftrciures.in me constructton� as provided by State iaw, : �,._::::w: ...._M., . .:... ..... ..,.. .. O > 1?reS+ r water demand` is tlt�rest: t©fmulttplyrng the Ctty'S popuTatton, as estimated bite traliforttia Departmentf 1~inance,by theater use rafe in the City' MNO s adapted �' rat�r;N1an l� "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 :>::, ;•: ;;:.�s:s::.,....,•,;:; :....,ay wd the best FA :::<, .;:: >�;:.;ae:?R: r::>�'::..>;>:ii »;,;� ........ tatein;t11 :;Cc., s:.aclo...:..: .:< 1rar ;; tate ; alnagement;Plan. 6 a . .:::.:::.i:iii::3':::'>:'SSi:^i;'!:::::•. ^:�:`..w. .:.. ... .':F`...:'•S:n:...:n.n....,:nf.'S•::..>':.:::..4i.tt:'::.::.:S.:V::i'.:�:.:.':.y:.........: :::'::'i?31:t:.3:1. 5::,...5..... O }geld,poi a itesr +ati supply P?xleCall be�:qunted i�oward ye:yie d only. vhert �fft'l5lrtt�OTL 1t�.S Z1eeT13ruttatEd'�O1'tlt�,pi'O,JBC�,. 17.89.030 Requirement for water allocations; RemJon 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. wrx-ancs.c.t a 2 11-2-94 ZS Water Allocation Regulations Legislative Draft 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 O substantially the same 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, 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 gj by /(t.cYwhehewr,,.nACYYuv%ot.Y$.Fmt`:x..mun:f.:.ia.t..t3:y3•H:::'oDt.3: e..v.v:r.vd:e..:€l•nrop.ntvem,:::ine. nt Director . 7 01 irectorg0ry ra =tStinrzators or $ 5 :C (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). OG. These sa€e-aamial yield. - wrR-REcs.LEc 3 11-2-94 �,6 Water Allocation Regulations Legislative Draft 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. 17.89.050 ' Allowed water-use increases; Reserve categories a + affordable mideiidal, nemesidential A. + + B. Deletiens fmfn these reseryes shall be made whenever an aileea6ett is assigned fe prejeef. G Additiens tee Ukesee mese.�.-es shall be made enly wheR pr-ejeets inereasing safe yield ean deliyer-water- ah OM system, aeeefding te the fellewing by the added safe yieldf (1) Residential, ; ; (3) Nefiresidentie4- 0.17-. NYPR-REGS.LEG 4 11-2-94 Water Allocation Regulations Legislative Draft Any alleeatien fiaffeked pursumt to subseefieR 17.89.060.F shell be added te the reserve fer the a a .: .}„:....•'+r..J'r.+....i........J'.;:}......:: .;;>:'J:;.::.}:. }:.:}};;}J::.:::.J:.:::}.}:�:}w:.:�;";:.::.�:.:�' ";J' w: he ttyr Ball t..... avaiiable for allocation to,development the amount of safe yaeld _Tw1 , Xceeds present water demand, proYzed that, ,...xa, .:a.:...:..;J;rx;:m}:.:....:.....:»:>::':...>;;J:2::.:..:�:•:•;:..-a}:�:-�rr'�.::a>:.};};::..;;:;J}}axac:ai::Jv:;}:.;;};.: ,...;iii..Jr:;.r•.,..Jr 2,,...;:.;:J}rc};:�>;}»;J:2%::xii ncor•in;}>__. Untd a 2,Ud4 acre-foot rei�abri�ty reserve plus 500 acre feet to'compensate foF reservoir siltation,have been obtained pursuant to the U`rbatt Water ManagemenE flan,only one-}ialf the excess of safe yield over present demand wi3l be avv'iable fat~allocation to deveiaptnent, and; y...,.K xxYn:......;.:':L".i%^.^?y•.:.y.:C:in:i.i::�.:i:...:C}y::2.Y....0}}}Y::...::::x:::.�.O �:.:...::::.,.::.:and sh, we'rlieads=the pity are IoW #low fixtures; cnily the additivnai safe yield from new water supply?? J will be available fos all :oittQ;devel4pe�� ' ..:.::. +.:2:}•.. .::. ...:•:..:J...::::...::...a";i:.`::'.:i:::::i'�:n:::::l.:,ii> : i::::ii:j:l::'.} :....J:::}:.yi:::i:::J::.�,;:.. 12tease ?, acre feet of safe meld;shall be available for existing and potential doprrient wirfttn the Gt+ ltnits v JuIY , t94 [x0.'wSA4L dop . YC.w v.. .... n.. .nw,... .v .. .. ......: .�•^}HY.�:d.i. -.K.•1....:....:....... .. '.v:: }:i.::i:'' .........4. .. .... .�::. 1... ...:.. � :+:`:}::}::... ..4C�}::.. ::4Y^'!.'ii.ii:22Cwn1C}:.:xm 13 �oritside the ty limits of duly 1, 19 4, shall, n total,be eligible for Xemptfans ; ioitg rtrtnng nat to exceed 33 acre-felt net saving. . ..:... :....} .,�.,.: ..::..�... :..:)::.:::..Y'. :.:.:i"..i.'...!:.:. ::.:}�: ::::::.i':2'..":::::'.::..::..::i:jj:J•••i')i:.:.:.:....':....:..Y......v:...i:ii: .:::42+?:iY:..:Y:?�:j «:sa#a=><reld><made:available€:;:for:;all:ocatton<:tri:::dexelo .anent<;:s1ta t:-be:>dtvided:as Ll:s :::.......................................................................... ......... .....,. ,.,a.... };':.:::.::::.:::::::.. .:..:.:..::.: O los amoiig this indicated types of developmiait:. MI :� ei�at;>::5C percent; ..••:44H:.v:•i:2L:ifw':C.v:}ti.{;:U.:.::",.. FA din =``l: r eri onrestdentra =`34 . scent; < r t tfoz#eiteci pursuant;m subsectacm -1 89 060 shall be trade avare ttr 4��r I#ca#ons within fag uSe category 17.89.060 Procedure for assigning water allocations. A. Water shall be allocated from the appropriate wi,ailable reserves 6a 'ft py, in the order 15 complete construction-permit applications are received, until the next eligible application would deplete the amovntiavaiIa ..e o allocaton. Applications shall then be held, with assignment of any Futtif -- -• a]IOcappri in the order complete construction permit applications have been received. ........:.:......:..:... 16 B. WMAEas.t.EG 5 11-2-94 Water Allocation Regulations Legislative Draft E 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. D g. Developments with components in exclusive categories which cannot feasibly be separated must obtain any required water allocation for each applicable category. E 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. F A water allocation shall be forfeited upon expiration of any building permit application 17 or any valid building permit, or extension thereto, approved by the Chief Building Official. The i-h ie f Building Gffieie4 sheN , side- laek water .,ilable alle at _ Building valid^ building `^ 2�: G An allocation shall not be transferred from one site or development to another, but it may be otherwise transferred among parties. $ 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. 19. 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. WTR-REGS.LFG 6 11-2-94 Water Allocation Regulations Legislative Draft 17.89.070 Administration A. During any calendar quarter in which water-use allocations are limited pursuant to these Rgulatiens? sCptet, 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. 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. wrR-REGS.LEG 7 11-2-94 ORDINANCE NO. (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. Finding . 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 day of , 1994, on motion of seconded by , and on the following roll call vote: AYES: NOES: ABSENT: Ordinance No. (1995 Series) Water Allocation Regulations Page 2 Mayor ATTEST: City Clerk APPROVED: *01ml WAR.ORD 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. Water Allocation Regulations Exhibit A C. "Low-flow fixtures" means plumbing fixtures having the maximum flows allowed for such fixtures in new construction, as provided by State law. 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 permitis 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. 2 01-A/ Water Allocation Regulations Exhibit A (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. (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). C. 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. 17.89.050 Allowed water-use increases; Reserve categories A. The City shall make available for allocation to development the amount of safe yield 3 o2-�S Water Allocation Regulations Exhibit A 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; (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 shall 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. 4 69-/(v Water Allocation Regulations Exhibit A 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 fording 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. 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 5 02'x[ Water Allocation Regulations Exhibit A 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. 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. VrM-PXW.E XA 11-2-94 J DRAFT SUMMARY ORDINANCE NO. (1995 SERIES) Water Allocation Regulations On , 1995, the San Luis Obispo City Council voted to , to introduce Ordinance No. (1995 Series). This ordinance amends the Water Allocations Regulations, to update them and make them consistent with the recently adopted Urban Water Management Plan. Several definitions and procedures would be revised. The amendments will have no immediate effect on water allocations or retrofitting for building permits. Major features of the amended regulations are: Keeping the regulations in effect even though current or long-term water usage may slightly exceed safe yield; Making all projects in annexed areas eligible to retrofit to obtain building permits, but only to the extent they would not eliminate retrofit potential for projects within the 1995 city limits. The Council must vote again to approve the ordinance before it can take effect. That action is tentatively scheduled for , 1995, 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 #1) at City Hall, 990 Palm Street. For more information, contact the Community Development Department at 781-7171. Diane Gladwell, City Clerk city of San lU1S OBISp0 ��_ INITIAL STUDY OF ENVIRONMENTAL IMPACT St`�I.J APPLICATION NO. SITE LOCATION CTT' �� c.l Al 0� PROJECT DESCRIPTION p`� '¢w APPLICANT o SGh L-�I iib S STAFF RECOMMENDATION: NEGATIVE DECLARATION _MITIGATION INCLUDED EXPANDED INITIAL STUDY REOUIRED ENVIRONMENTAL IMPACT REPORT REQUIP.ED ,.}. - PREPARED BY G'1�Q )M A y\ 1 � Sin DATE COMMUNITY DEVELf MAT RI;CTOR'S/OCTION•,,sp DATE � j SUMMARY OF INITIAL STUDY FINDINGS L DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING POSSIBLE ADVERSE EFFECTS II.POTENTIAL IMPACT REVIEW O A. COMMUNITY PLANS AND GOALS .............. ..................................... B. POPULATION DISTRIBUTION AND GROWTH ............................. C. LAND USE ......... ............................................ D. TRANSPORTATION AND CIRCULATION .............................................. O E PUBLIC SERVICES . ......................................... �O U O F. UTILITIES..................................................... O G. NOISE LEVELS .................... H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS .................... O 1. AIR OUALITY AND WIND CONDITIONS.... . .......... ................................ NO J. SURFACE WATER FLOW AND QUALITY ............ ....................... ........... ICPLANT LIFE..............,.................................................. � L ANIMAL LIFE.................................... ........ ...... .......:. .......... 113 O M. ARCHAEOLOGICAL/HISTORICAL ................................. ............. 1J O No N. AESTHETIC ....................................... .. 0. ENERGYIRESOURCE USE ....... . . ....... . .. . .. ............ ...... ... ............... .. ......... 110 P. OTHER ................................ .... . . .... . ..... ........... ...: IR.STAFF RECOMMENDATION stta� -SEE ATTACHED REPORT /J 'A INITIAL ENVIRONMENTAL STUDY REVISED WATER POLICIES (Revised ER 2-91 & ER 25-93) PROJECT DESCRIPTION, OTHER REVIEW, SETMG, and LNIPACTS Overall Project Description The General Plan Water Management Element is concerned primarily with how adequate water service will be provided for existing City water customers and those expected as development proceeds according to the General Plan Land Use Element. The City proposes to revise some of the policies contained in the Water Management Element. Basic, adopted water policies that would not change include the "safe yield" basis for planning, conservation as a key part of water management, the pursuit of a multisource supply with a reliability reserve, and criteria for evaluating potential water supply projects. (Safe yield is the amount which can be supplied each year, under critical drought conditions; it is based on historical information.) This initial study evaluates the proposed policy changes, and replaces previously published initial studies concerning draft documents which have been superseded. The General Plan Water Element would consist of Chapter 2 of the proposed Urban Water Management Plan, largely a format change. Some policies concerning water would be in the Land Use Element. The policy differences are described below. Other Environmental Review Consideration of these water policy changes stems from work on several City draft documents concerning water, for which environmental review had already begun (ER 2-91 and ER 25-93), as well as the revised Land Use Element which is expected to be adopted in August 1994. Environmental review of the Land Use Element update has taken the form of an Environmental Impact Report, January 1993, including a Supplement published in September 1993 (certification pending). That Environmental Impact Report addresses the impacts associated with planned development in the City, including additional water demand. The following environmental impact reports are being prepared for the additional water supply projects which the City is considering. These reports address primarily the impacts of those projects on their immediate settings. Water Reclamation (draft circulated; revised draft in progress); • Salinas Reservoir Expansion (draft circulated, response to comments in progress); Nacimiento Project (draft in progress). Previous environmental impact reports that have evaluated water policies include those prepared for original adoption of the Water Management Element (1987) and for the Water Allocation Regulations (1988). Water Policies Initial Enviaonmental Study Page 2 Overall Setting As in many California cities, since the 1940's San Luis Obispo's water demand has exceeded supplies that are available from the local watershed. Meeting the water demands of current and potential population and economic activities requires the diversion of water which could supply other needs, including natural habitat, agriculture, and other communities. The type and extent of impacts on these other potential uses depends on the overall amount of water obtained liy the City and on the features of the specific water supply projects. A primary decision in water policy is the amount of water the City will obtain for a given population level. This decision directly influences the level of service to citizens and the number and scale of water supply projects it must pursue. Specific Project Description and Impacts Format note: This initial study discusses potential impacts under each policy change item, because potential impacts are limited to the topics of population distribution and growth, utilities (service levels), and plant and animal habitat (including agriculture). 1. Unit basis for water Akemand Existing policy: Base water supply planning on 0.2 acre-foot per resident per year. Proposed policy: Base water supply planning on 0.162 acre-foot per resident per year. Background: Both usage rates are based on measurements of water consumption over several years, and a judgement about likely and desirable future usage levels. Since 1980, actual usage has ranged from 0.204 acre-foot per person per year before the recent droubht to 0.096 during mandatory conservation. The City has considered setting the rate at several points along this range. The proposed rate assumes that water usage habits will tend toward pre-drought patterns, but that all remaining high-flow toilets and showerheads will be retrofitted. Impacts: A. Population distribution and growth Reducing the assumed usage rate means a given amount of water supply could support a higher population and additional development, with resulting secondary impacts. At the City's current safe yield of 7,735 acre-feet per year, the difference equates to about 9,000 people. Considering the Land Use Element's growth management policies-and the Nater Management Element's requirement for development to retrofit until a supplemental water.supply is obtain, the resulting impact will not be significant. sm:UMT7P.IFS Water Policies Initial Env,,.mmental Study Page 3 B. Utility sell-ice Reducing the assumed usage rate means a lower level of service (supply falling short of demand) if future demand turns out to be higher than assumed. Demand higher than 0.162 acre-foot per year does not appear likely. Except during mandatory conservation, such usage rates change gradually. The City's growth management policies provide for relatively gradual population increase. The proposed usage rate, once adopted, can be changed in response to changing actual usage patterns. While decisions on quantity of supply from most sources (such as Nacimiento) are difficult to change once a project commitment is made, a future increase in the usage rate assumed for planning would also mean lower amounts of development could be approved with a given water supply, from that point on. The resulting impact will not be significant, because there will be time to develop new supplies to accommodate build-out if consumption exceeds 0.162 or, ultimately, available supply will constrain population capacity through revision of the assumed usage rate. C. Plant and animal habitat Reducing the assumed usage rate reduces the amount of water which the City would need to divert from any source. Since such sources would otherwise provide for natural plant and animal habitat, or agriculture, the impacts on these resources would be beneficial. 2. Annexations Existing policy: Certain large areas cannot be annexed to the City until the City has enough water to supply existing and potential development inside the City, plus development in the annexed area. Further, large residential annexations are not eligible to obtain building permits through water offset retrofits. These limits do not apply to certain small annexations. Proposed policy: Large annexations could occur at any time. Development within them could not occur if it would reduce service levels for existing development or potential development within the 1994 City limits. Large annexations could compete with smaller annexations for a limited water offset (retrofit) potential. Impacts: A. Population distributionn and growth B. Utility senIce C. Plant and animal habitat The practical effect of the policy change on water demand and supply is insignificant. so resulting impacts will not be significant. gm:UwMP.1ES 2 3 Water Policies Initial Em-„onmental Study Page 4 3. Water purveyors in planninzarea Existing policy: Special districts or water companies should not provide water service within the City's planning area to uses inconsistent with the City's General Plan. Proposed policy: Policy to be deleted. Imparts: A. Population distributionand growth B. Utility seri4ce C. Plan and animal habitat The practical effect of deleting the policy, and resulting impacts, are insignificant, because the City does not have jurisdiction over areas outside its limits, and this statement was a means to reinforce land use policies which would continue to be included in the Land Use Element. 4. repetition for water sources Existing policy: The City will not compete with local agricultural use of groundwater or damage wildlife habitat through reduced stream flows in obtaining long-term sources of supply. Proposed policy: The City will not compete with local agricultural use of groundwater outside the urban reserve line, or damage wildlife habitat through reduced natural stream flows, in obtaining Ion; term sources of supply. (The "urban reserve line” is the boundary between areas that the City has decided may be appropriate for urban development and land to remain in open-space and rural uses.) Imparts: Plans and animal habitat The change concerning agriculture is intended to acknowledge that urban development of land which has been irrigated agriculture, consistent with the adopted and the proposed land use elements, may depend on groundwater previously used by agriculture. When such urban development occurs, it will-displace the agricultural land use. Urban uses of the type designated in the Land Use Element generally use less water than the irrigated crops which they would replace. Local irrigated agriculture depends on groundwater as a reasonably priced source of supply (cost is mainly for installing and operating pumps). The groundwater sub-basins from which the City draws part of its municipa> supply are confined and relatively small (upper San Luis Obispo Creek area, including primarily the western Los Osos Valley). They can be drawn down rapidly by heavy pumping, and are recharged rapidly in gm:UwMP.IES Water Policies Initial Env,.. amental Study Page 5 years of above-average rainfall. Agricultural uses within the urban reserve line generally draw on the same sub-basins which the City uses. Agricultural uses outside the urban reserve line generally draw on basins which are not affected by City plumping (Chorro and Edna Valleys. and Los Osos Valley "upstream" of the Laguna Lake area and in the Morro Bay watershed). During the recent drought, while the City drew heavily on groundwater for the first time since the 1940's, crops continued to be irrigated with groundwater from the sub-basin that the Citv wells were using. Conclusion: For these reasons, the policy change is expected to have little actual effect, and not to result in significant impacts to agriculture. The change concerning stream flows is intended to alter the policies which the City must conform with if it is to use reclaimed water (treated sewage) which would otherwise be discharged to San Luis Obispo Creek. Most of the sewage flow treated by the City consists of water from Salinas and Whale Rock reservoirs, which are located outside the San Luis Obispo Creek watershed. Some flow originates as local ground water pumped by the City, and infiltration from saturated soils within the City. All of the sewage flow is treated and the resulting water is discharged near Los Osos Valley Road. It supplements natural stream flow from that point to the ocean, primarily during the dry season. Urban development has probably reduced the natural dry season flow due to private wells and stream diversions, and more rapid runoff(marginally less soil saturation) during the wet season. There will be some damage to wildlife habitat along San Luis Obispo Creek if the City does not discharge as much treated effluent as that habitat has become accustomed to. Arguably, the change would result in more natural conditions. However, much healthy coastal riparian habitat has been damaged or destroyed throughout the state, making remaining habitat particularly valuable to associated plants and animals even if the creek is not identical to conditions prior to European settlement. Studies currently underway will indicate the minimum discharge needed to sustain the creek habitat (revised Water Reclamation Environmental Impact Report). The proposed policy will be consistent with whatever minimum discharge the study determines is necessary. The proposed change would not affect the policy status of any proposal to divert natural flows. Conclusion: In consideration of the facts outlined above, the policy change is expected to have little actual effect, and not to result in significant impacts to wildlife habitat. sm:uwMP.IFS tl•I:-?s Water Policies Initial Envi„mmental Study Page 6 5. On-site well water Existing policy: The City encourages frugal use of on-site well water within the City for uses such as construction or landscape irrigation. Proposed policy: Policy to be deleted. Background: The City cannot compel or restrict the use of private well water. The policy was adopted when the City was looking for ways to extend its potable supply (mainly surface reservoirs) by the use of nonpotable water for nonpotable uses. Private wells within the City were seen primarily as a source of nonpotable water. Because even nonpotable water supply is limited and has environmental value beyond landscape irrigation and construction, the City did not want this encouraged use to be wasteful. Impacts: A. Population distribution and growth B. Utility service C. Plant and animal habitat The practical effect of the policy change on water demand and supply is insignificant, so resulting impacts will not be significant. 6. Development of wells Existing policy: Installation of any.well within the city shall be subject to city. approval. Proposed policy: Policy to be deleted. Background: The City cannot restrict the development of a private well. Imparts: A. Population distribution and growth B. Utility service C. Plant and animal habitat The practical effect of the: policy change on water demand and supply is insignificant, so resulting impacts will ndt be significant. gm:uwMP.IES C��