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HomeMy WebLinkAbout07/12/2001, 1 - YOUR JULY 12, 2001 STUDY SESSION REGARDING CITY WATER RESOURCES ,JUL. 12.2001 1:50PM KING VENTURES N0.959 P.12 �.. , SETING AGA DATE '12-01 =0 V E N T U R E S July 12, 2001 'le: (805) 781-7109 S,OUNCIL 0 CDD DIR Toal Two (2) Pages C1 FIN DIR Mayor Allen Settle (QAC 0 ❑ FIRE CHIEF and Councilmembers RNEY 0 PW DIR RECEIVED CITY of SAN LUIS OBISP0 o LERK/ORIG 0 POLICE CHF 990 Palm Street T O UTIL DIR t 0 RTC DIR Ni- +. 2001 San Luis Obispo, California 93401-3 nA_ � 0 HR DIR_ SLO CITY COUNCIL Re: Your July 12, 2001 Study Session Regarding City Water Resources Dear Mayor and Councilmembers: With regard to your study session this evening concerning water resources, we wanted to share with you some of our experience in other communities with the hope that these may be of assistance to you as you discuss these matters. Several points are raised in the staff report for this evening that warrant more detailed discussion. In particular, the discussion relative to projecting water demands versus actual water use deserves further scrutiny. It is evident from the staff analysis that per capita water demand is "stabilizing" or leveling off at something closer to 125.130 gallons per resident per day. Yet, your planning figure is 145 gppd. This calculation distorts actual water needs by over 1,000 acre feet annually. We believe that actual experience suggests that the planning figure of 145 gppd should be lowered gradually, to a figure closer to actual experience. Recognizing that this higher figure supports a portion of the "reliability reserve perhaps the lowering of the per capita planning figure could be identified as "new" resources, subject to the off-setting 50% reserve set-aside protocol. This would serve to increase the reserve while allowing a modest increase in water available to new construction. From our experience in other communities, we have witnessed an increasing awareness of the need for"commercial"water conservation measures. By this we mean that for all practical purposes, when local residential retrofitting begins to max out, communities turn to commercial retrofitting and wastewater reclamation. In this context we would encourage the Council to set into motion a study of options for commercial conservation measures, particularly landscape irrigation conversion to reclaimed water, to coincide with the upcoming reuse program. King Ventures 290 Pismo street San Luis Obispo. CA 93401 805 544-4444 805 554.5637 FAX JUL.12.2001 1:50PM KING VENTURES N0.959 P.22 SLO City Council Transmittal J Water Resources 07/12/2001 Page 2 Please take note that the development community may be a better catalyst for such a program because, unlike changing out a few toilets or shower heads at a time, commercial conversions require more complex solutions and larger capital resources to accomplish this type of conversion. The most obvious question raised in the staff report is the manner in which the City will address the significant cost to develop and set aside the "reliability reserve". Estimated by staff at$2.0 million annually, short of raising water rates, what suggestions exist as to how to fund this cost? We believe this issue can be tackled in a way that will lower community-wide costs by readjusting the share of this resource financed by new development. To do this, we would suggest that rather than 50% of"new" water-resources being set aside for the reserve, perhaps 250/6-33% of anew" resources would go to the reserve, and allow the 670A-75% remainder to be allocated to new building projects. With this approach, the greater burden of the cost sharing would accrue to new construction, 1-astly, it would seem timely to initiate a discussion into what can be done to address the effect siltation of the reservoirs is having on water supply, and to explore solutions in a comprehensive manner. This water seems to be the most immediate candidate for action, and it is surprising that it has not been pursued as a priority before now.. Thank you for taking these comments into consideration. We look forward to your thoughts regarding our suggestions, and to the possibility of participating with the City on these worthwhile programs. 4Eg4 oh V"7NG AGENDA - Oki E -12291 ITEM#__ MEMORANDUM tnifl��� Ory of San Luis Obispo To: City Council �NCIL Ci CDD DIR Via: Ken Hampiapllll� �C O FIR DIR ❑ FIRE'CHIEF ORNEY ❑ PW DIR From: John Moss LERK/ORIO RTIOL CE CHF ❑QE Thi DS DIP Date: July 12, 2001 ®' MHRIR Subject: Water Allocation Regulation In advance of tonight's discussion regarding water supply and policy, Council Member Mulholland requested that the City's Water Allocation Regulations be a part of the discussion. To that end, attached are the current Water Allocation Regulations which are part of Chapter 17 of the City's Municipal Code. If you have any questions, please call me at 781-7215 or Ron Munds at 781-7258. RECEIVED 1111,. 1 LCC 2001 6OCITUNCIL WATER ALLOCATION REGULATIONS Sections: 17.89.010 Purpose. 17.89.020 Definitions. 17.89.030 Requirement for water allocations-Exemptions. 17.89.040 Eligibility for water allocations. 17.89.050 Allowed water-use increases-Reserve categories. 17.89.060 Procedure for assigning water allocations. 17.89.070 Administration. 17.89.080 Fees. 17.89.090 Enforcement-Penalties. 17.89.100 Extension of planning 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 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 title. 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. 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992;Ord. 1119 § 3 (part), 1988) 17.89.030 Requirement for water allocations- Exemptions. ©2001 Code Publishing,Inc. Page 1 A. A water allocation shall be required for all actions within the city which would increase water use, except as provided in subsection (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; and 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 or one thousand 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. 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 watersaving 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(C)concerning limitation on retrofit potential for annexations), or(b) funds the capital and any excess operating costs to provide permanent sources of nonpotable 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). (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 17.89.040 Eligibility for water allocations. 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992;Ord. 1119 § 3 (part), 1988) 17.89.050 Allowed water-ase 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 two thousand acre-food reliability reserve plus five hundred acre-feet to compensate for reservoir siltation have been obtained pursuant to the urban water management plan, only one-half the ©2001 Code Publishing,Inc. Page 2 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 seven thousand seven hundred two 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 thirty-three 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 17.89.0601 shall be made available to other applications within its use category. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1151 § 3 Ex. A, 1990: Ord. 1119 § 3 (part), 1988) 17.89.060 Procedures 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 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. 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 02001 Code Publishing,Inc. Page 3 I i 1 J 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1164 § 1, 1990; Ord. 1144 § 3, 1989: Ord. 1119 § 3 (part), 1988) 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 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. (Ord. 1280 § 2 Ex. A, 1995; Ord. 1211 § 1, 1992; Ord. 1119 § 3 (part), 1988) 02001 Code Publishing,Inc. Page 4 V -TNG AGENDA DAIS 7-/Z-O/ - ITEM#— San Luis Obispo Chamber of Commerce 1039 Chorro Street • San Luis Obispo, California 93401-3278 (805) 781.2777 • FAX (805) 543-1255 9 TDD (805) 541-8416 David E. Garth, President/CEO July 11, 2001 NCIL ❑ CDD DIR RECEIVED C ❑ FIN DIR Mayor Allen Settle p�C o C1 FIRE CHIEF :)RNEY C3 PW DIR Members of the City Council JUL I. 201 LERKIORIG ❑ 0 CE CHF City of San Luis Obispo ❑ D.EPT HEADss$ ❑ REC DIR 990 Palm Street SLO CITY COUNCIL LML DIR San Luis Obispo, CA 93401 NfN N `.tR DIR Ed TfITuNE �G71 zETrTE Re: 2001 Water Resources Status Report and Water Management Element Policies Dear Mayor Settle and Council Members: The Chamber's Water Task Force, led by chairperson Pierre Rademaker, has recently undertaken a study and discussion of the report noted above. We would like to commend City staff on their diligent efforts in both the conservation and procurement of water for our community. We also appreciate the Council's wisdom in making water the highest priority in our City's goals. We are in support of City staffs suggestions regarding the need to reassess certain water policies. In particular, we believe that a reliability reserve (policy 4.1.1) of half of the safe annual yield from a new water supply project may not be economically feasible in today's water market and that the percentage should be adjusted. In regard to policy 8.1.2C, with 65% of retrofit accomplished throughout the city to date, it seems reasonable to eliminate the requirement to retrofit as a condition of issuance of a building permit and consider the City essentially retrofit in terms of the Water Use Offset Program. We request that you will consider changing the policy of 8.1.3, reserving one-half of the water available for allocation for intensification and infill development. This policy reflects concerns regarding development that seemed reasonable in 1996 but which have not materialized. We would urge you to eliminate this policy and allocate water to development as it actually occurs. It appears that our position paper published in 1998, "Water: Ensuring the Future," remains applicable to our current water situation and we have enclosed a copy for your review. The Water Task Force stands committed to the principles in this report and we hope that you will find it helpful as you deliberate over today's water needs. e-mail: slochamber@slochamber.org • websites: www.slochamber.org www.visitsio.com Of course, we now find ourselves facing significantly increased costs for any of these water sources. In fact, based on the current cost and environmental uncertainties of other projects, it may be time to take another look at additional opportunities, such as state water supplies available from other agencies, where the environmental impacts have already occurred and the cost is more reasonable. The Chamber joins you in the belief that securing an adequate water supply is the most important challenge facing the City today and we support you in your commitment to provide our community with economically feasible, environmentally sound, and politically feasible sources of water. Sincerely, Dave Juhnke Chairman of the Board