HomeMy WebLinkAbout05/02/1995, C-10 - FINAL PASSAGE OF ORDINANCE NO. 1280 (1995) AMENDING THE WATER ALLOCATION REGULATIONS. MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
0
CSI
FROM: Arnold B. Jonas, Community Development Director
BY: Glen Matteson, Associate Planner G °►'ti's
SUBJECT: Final passage of Ordinance No. 1280 (1995) Amending the Water Allocation
Regulations.
RECOMMENDATION: Grant final passage to Ordinance No. 1280 (1995 Series)
DISCUSSION:
On Tuesday, April 18, 1995, the City Council voted 5-0 to introduce Ordinance No. 1280
(1995 Series) to print. This ordinance amends the Water Allocation Regulations for
consistency with the Water and Wastewater Management Element. Ordinance No. 1280 is
now ready for final passage and will become effective thirty days after the date of
its final passage.
ATTACHMENTS:
Ordinance No. 1280 (1995 Series)
I
ORDINANCE NO. 1280 (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. Findings,
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 sha11 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 18th day of April , 1995, on motion of
- smith , seconded by Roalman
, and on the following roll call vote:
AYES: Council Members Smith, Roalman,. Romero, Williams and Mayor Settle
NOES: None
ABSENT: None
0-1280 A/a
Ordinance No. 1280 (1995 Series)
Water Allocation Regulations
Page 2
Mayor Allen K. Settle
ATTEST:
1 Clerk Diane R Gladwell
APPROVED:
S
Om J hrey Jorgensen
WAR-ORD
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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 goverment 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.
C. "Low-flow fixtures" means plumbing fixtures having the maximum flows allowed for
such fixtures in new construction, as provided by State law.
(!-/o-�f
Water Allocation Regulations Exhibit A
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 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 or less water use, as determined by the Community
Development Director.
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Water Allocation Regulations Exhibit A
(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).
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
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;
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Water Allocation Regulations Exhibit A
(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 should 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.
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 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
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Water Allocation Regulations Exhibit A
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
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
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Water Allocation Regulations Exhibit A
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
fust 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.
N?R-REGS.EXA
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