HomeMy WebLinkAbout04/06/1993, 6 - CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO AMEND THE SUBDIVISION REGULATIONS RELATING I�I�IIIIINII1tlIlIII�IIIAIIPIII _ MEETING DATE:
h ►�I
city o san cap s OBI.SPO. I/- - qs
COUNC& AGENDA REPORT WWrws ITEM NUMBER
FROM: Arnold B. Jonas, Director of Community Development °
PREPARED BY: Ronald Whisenand, Development Review Manager
SUBJECT:
Consideration of a Planning Commission recommendation to amend the
subdivision regulations relating to water service connections and
tentative map time extensions.
CAO RECOMMENDATION:
Introduce an ordinance to print, in summary form, adopting a
negative declaration of environmental impact and amending Section
16. 16. 180 and 16.36.250 of the subdivision regulations as
recommended.
DISCUSSION
As the Council will recall, the issue of water service connections
to commercial condominium developments came up during -, Council
discussion of the Farbstein tract map (Tract 1885) on December 15,
1992. 'The discussion of the project centered around whether
separate water service meters are required for commercial
condominiums. The City's utility regulations currently require
separate meters for all .condominium developments. The subdivision
regulations however, are more vague when it comes to utility
metering for commercial condominiums. After approval of the tract
map, the Council directed staff to process an amendment to the
subdivision ordinance to "clear up" any inconsistencies.
In response to Council's direction, staff has prepared a draft
amendment to the subdivision ordinance. To address the problem,
language was inserted in Section 16.36.250 requiring separate
metering for "each lot or condominium unit. " The Planning
Commission also included language to allow Council exceptions when
special circumstances occur.
In addition to this minor change, staff has included additional
"clean-up" measures that clarify the review authority for water
improvements plus amend tentative ' map extension provisions.
Specifically, Section 66452 . 6 (e) of the California Government Code
-allows for the tentative map approval to be extended for a period
or periods not exceeding three years. Section 16. 16. 180 of our
subdivision regulations currently allows only two years.. Staff
therefore proposes changing this section to reflect the Map Act
standards.
Staff presented these amendments to the Planning Commission in
January and February. The Commission initially expressed concern
whether separate meters should be required in all cases. After
_ discussion with planning and utility staff, the Commission approved
city Or San WIS OBISPO -
1WNGs COUNCIL AGENDA REPORT
Council Agenda Report - TA 05-93
April 04, 1993
Page 2
the amendment provided language was included to allow for
exceptions. The Commission then directed the ordinance on to the
Council with a recommendation of approval.
The proposed amendment will bring consistency to the City's
subdivision and water supply regulations. Currently the utility
regulations contained in Chapter 13. 04 of the Municipal Code
require individual metering for "separate premises under single
control" unless the utilities division elects otherwise. The
proposed language will clarify this service requirement within the
subdivision ordinance.
The State Subdivision Map Act. establishes subdivision policies that
are to be implemented by local governments. The City's subdivision
ordinance is adopted and interpreted consistent with the map act.
Inconsistencies between the map act and the ordinances adopted
pursuant to it are bound to arise from time to time. In this case,
the map act establishes the criteria for time extensions of
approved tentative maps. These limits are set at three years
beyond the initial two year time limit provided for tentative maps.
The City's regulations currently allow for only two additional
years of extensions beyond the initial approval period. The
proposed amendment will bring the City's regulations in compliance
with State standards.
As a "project" pursuant to the California Environmental Quality Act
(CEQA) , the ordinance amendments are subject to environmental
review. Staff has prepared an initial study of environmental
impact which has not identified any significant environmental
impacts. Staff is therefore recommending the adoption of a
negative declaration. A copy of the environmental document is
attached for Council review.
PUBLIC PARTICIPATION
On January 27, 1993 , the Planning Commission held a public hearing
to accept testimony on the proposed amendment. Although there was
no public testimony at the hearing, the matter was continued to
February 10, 1993 for additional input from Utilities Department
staff. The Commission reviewed final ordinance language on
February 24, 1993 before referring the matter on to the Council.
Council Agenda Report - TA 05-93
April 04, 1993
Page 3
FISCAL IMPACTS
The proposed amendment will not significantly affect City revenues
or expenditures.
ALTERNATIVES
The City Council may adopt any subdivision provisions which do not
conflict with State law. In addition, the Council may continue
action with specific direction to staff.
Attachments: Draft ordinance amending the subdivision
regulations.
Legislative Draft Ordinance
Planning Commission minutes of January 27, February
10, 1993 , and February 24, 1993 .
Initial Study/Environmental Assessment
Background Information
�3
ORDINANCE NO. (1993 SERIES)
- AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE SUBDIVISION REGULATIONS RELATING TO
WATER SERVICE CONNECTIONS AND TENTATIVE MAP TIME EXTENSIONS
(TA 05=93)
WHEREAS, the Planning Commission conducted a public hearing
on application No. TA 05-93 on January 27, 1993 and continued
discussion on February 10, 1993 and February 24, 1993 and
recommended approval of the amendment; and
WHEREAS, the City Council conducted a public hearing on, April
06, 1993, and has considered testimony of other interested parties,
the records of the Planning Commission hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision
provisions are consistent with the State Subdivision Map Act and
other City ordinances; and
WHEREAS, the City Council has considered the potential
environmental impacts of the new regulations, evaluated in initial
study ER 05-93;
BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council determines that there will be no
significant environmental impacts as a result of amending the
regulations, and hereby approves a negative declaration of
environmental impact.
SECTION 2. The Subdivision Regulations are hereby amended by
the changes to Sections 16. 16. 180 and 16.36.250 which are 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.
Ordinance No. (1993 Series)
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 ,
1993, on motion of , seconded by ,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Peg Pinard
ATTEST:
City Clerk Diane Gladwell
APPROVED•
Ci y Admi is tive qfficer
Cornn ey
c
Community Deve op ent Director
6-s
EXEM1T A
16.16.180 Time extension.
A. The council may extend the time for filing the final tract
map for a period or periods not exceeding a total of three years.
B. Applications for extensions shall be made in writing to
the council prior to the date of tentative tract map expiration.
Time extension may be granted subject to the condition that the
final map shall be prepared and improvements shall be constructed
and installed in compliance with requirements in effect at the time
the request for extension is considered. The council may also
impose any other conditions which it was empowered to impose at the
time of the tentative map approval and it may revise or delete
conditions.
16.36.250 Improvements.
J. Utilities to be installed by the subdivider shall include
those listed in this subsection. The development of these
facilities may require financial contribution for previous
improvements to the systems, as provided in Chapter 13.04, in the
most recent council resolution on utility connection charges, or in
any agreement affecting a particular portion of a system.
1. Sanitary sewer laterals shall be stubbed to the front
property line of each lot. All facilities for the transmission of
sewage from each of the lots to the nearest adequate point of
connection to the city"s sewer system shall be installed as
acceptable to the city engineer.
Sewer lines need not be provided to lots which will be solely
in perpetual open space use. The requirement for a sewer lateral
may be waived upon a finding by the city that an alternative waste
disposal system, which will provide a level of protection for
public health and natural resources at least equivalent to public
sewer, will be installed and maintained.
All sewer mains shall be located within a dedicated city
street or alley or within a recorded easement. (The city may make
available its powers of condemnation, if needed, to acquire a sewer
easement for development of a subdivision. All costs shall be
borne by the subdivider. ) All manholes not within a street or
paved drive shall be within an easement to the city and accessible
by an all weather dust-free road.
2. A water system for domestic service and fire protection
shall be provided to each lot of the proposed subdivision or, for
condominium projects, to each condominium unit. Water service
shall include all facilities necessary for the transmission of
i water from the nearest point of adequate supply to a meter vault at
6-�
the front of each lot. For condominium projects, a separate meter
vault shall be provided for each condominium unit at the street
frontage or as approved by the city engineer. Pumping and storage
equipment to provide sufficient volume and duration of flow of
water shall be provided. The design and location of the water
system serving the proposed subdivision shall be provided to the
satisfaction of the city engineer and utilities_ director.
Exceptions to the above standards can be approved by the council
pursuant to Section 16.48. 010.
Fire hydrants shall be installed according to the city fire
code and to the satisfaction of the fire marshal and city engineer.
Water lines need not be provided to lots which will be in
perpetual open space uses and which will not require irrigation or
fire suppression.
3 . Street lights shall be provided.
4. Electric power, gas, and telephone services shall be
stubbed to each lot or, for condominium projects, to each
condominium unit and all facilities to distribute such services
shall be provided according to the requirements of the responsible
utility companies.
5. Cable television service may be required.
6. Fire alarm conduit may be required by the fire marshal.
�7
t-'
Legislative Draft Ordinance
indicates new text. ^trilteetit
�---� indicates deleted text.
16.16.180 Time extension.
A. The council may extend the time for filing the final tract
map for a period or periods not exceeding a total of twe ee
years.
B. Applications for extensions shall be made in writing to
the council prior to the date of tentative tract map expiration.
Time extension may be granted subject to the condition that the
final map shall be prepared and improvements shall be constructed
and installed in compliance with requirements in effect at the time
the request for extension is considered. The council may also
impose any other conditions which it was empowered to impose at the
time of the tentative map approval and it may revise or delete
conditions.
16.36.250 Improvements.
J. Utilities to be installed by the subdivider shall include
those listed in this subsection. The development of these
facilities may require financial contribution for previous
improvements to the systems, as provided in Chapter 13 .04, in the
most recent council resolution on utility connection charges, or in
any agreement affecting a particular portion of a system.
1. Sanitary sewer laterals shall be stubbed to the front
property line of each lot. All facilities for the transmission of
sewage from each of the lots to the nearest adequate point of
connection to the city's sewer system shall be installed as
acceptable to the city engineer.
Sewer lines need not be provided to lots which will be q ' XY
in perpetual open space use. The requirement for a sewer 1`ateral
may be waived upon a finding by the city that an alternative waste
disposal system, which will provide a level of protection for
public health and natural resources at least equivalent to public
sewer, will be installed and maintained.
All sewer mains shall be located within a dedicated city
street or alley or within a recorded easement. (The city may make
available its powers of condemnation, if needed, to acquire a sewer
easement for development of a subdivision. All costs shall be
borne by the subdivider. ) All manholes not within a street or
paved drive shall be within an easement to the city and accessible
by an all weather dust-free road.
- 2. A Prater system €er demestle serviee and fire preteetien
shall—be—previded,ineluding all:—€aellitles- neeessary—€ar- -Y�e
-O
transmi ss ien ef water
tete--neaL-est peint e€ adequate supply, __y__`_____l to the _ t j �
e�tg-i�reer. �Water seFvlee shall be stubbed-te a teeter vault at-the
..
wteXyttrr dos sexralxd p�rtta ie.
rcavtieclb Bah < Int [tf theaclpraed s�di�tisxan gar, fbr
anfntgrsscts� +tach + andiimtatx serve
sha �xtc2urlelI facil'ites :::n cess ..fsr the trans �seaxan of
nater -frd htae nearest prsir adec;�xate stt�gpiy fic a$oter va 1t at
the f�ant of each lcat_ 3+caondom�ax prX.caeats, d separate meter
...............
�sha » berovactzr aackx r..� dchau�t ut a the street
frontage cars asprcved day the ct engri gimping ansa atorage
qu�pmnto pzcvde stfg3an Ya1srd duct ars ¢ far of
tater shah be prov�ced. de�agh >and lcacatitzta pf they Mater
cyst t ser rias a proposed s t t t�aianshad ,. pr auii a the
satisfaction trf: the. . cit�r e�sgineer and ..........
d3:rect�ar►
atcepans. to a above stant�ats eppraue.�l by thevan ;
pursu�c t► ec xcan 8 �llf}
Fire hydrants shall be installed according to the city fire
code and to the satisfaction of the fire marshal and city engineer.
Water lines need not be provided to lots which will be in
perpetual open space useds and which will not require irrigation or
fire suppression.
3 . Street lights shall be provided.
4. Electric power, gas, and telephone services shall be
stubbed to each lot t1r fOr aondocs3una proeots# t each
aondoninuiu' unit and all fdclities to distribute such 'services
sfiall be provided according to the requirements of the responsible
utility companies.
5. Cable television service may be required.
6. Fire alarm conduit may be required by the fire marshal.
64
1
MINUTES - CITY .PLANNING COMMISSION
City of San Luis Obispo, California
January 27 , 1993
PRESENT: Commrs . Gilbert Hoffman, Dodie Williams , Brett Cross,
Fred Peterson, Charles Senn, and Chairman Barry
Karleskint .
ABSENT: Commr. Mary Whittlesey
OTHERS
PRESENT: nold Jonas , Community Development Director ; Ron
isenand, Development Review Manager; Jeanette Di Leo,
Lo g Range Planner ; Cindy Clemens, Assistant City
At orney; and Diane Wright , Recording Secretary.
Chairman Karle kint announced that on January 20 , 1993 , Mayor Peg
Pinard had info med Mary Whittlesey that she had been appointed to
the Planning Co ission. Unfortunately, Commr. Whittlesey had a
previous commit nt for .this evening.
PUBLIC
COMMENT: There w re no public comments .
MINUTES: The minu es of the regular meeting of December 9, 1992,
were appr ved as amended.
-------------------- --------------------------------------------
Item 1 . General Dla Amendment and Planned Develo ment GP/PD 89-
92 . A requ st to add a. Planned Development zone to the
existing zo a (C/03-40 ) to allow development of three
sing le-famil\mot '
dences on three lots on fourteen acres ;
northwest ef Highland Drive; John Rossetti ,
applicant . ( continued)
---------------------- -------------------------------------
Ron Whisenand explaint staff was requesting this item be
continued to the next g so that the geological stability of
the slope could be furstudied.
Commr . Williams moved tinue GP/PD 89-92 to February 10 , 1993 .
Commr . Senn seconded tt ' n.VOTING: AYES - Coilliams , Senn, Cross , Hoffman,
Pen, nd Karleskint .
NOES - NoABSENT - CoWhitt esey.
The motion passed .
------------------------------------------------------------------
Item 2 Subdivision Ordinance Amendment TA 5-93 . An amendment to
the Subdivision Ordinance to establish time extension
criteria consistent with the State Subdivision Map Act
and to clarify utility service to condominium
development ; City of San Luis Obispo, applicant .
--------------------------------------------------------------------
Ron Whisenand presented the staff report and said the Council had
directed staff to process an amendment to the Subdivision Ordinance
6- is
i
P.C. Minutes
January 27 , 1993
Page 2
to make it consistent with other municipal code regulations
regarding water service. He recommended the Commission approve the
change to the subdivision regulations to make them consistent with
the City' s utility regulations and the Map Act regarding tentative
map time extensions .
In answer to a quest.ion by Commr. Cross , Ron Whisenand explained
that the Utilities Department had indicated it wants multiple water
service . He said that when two codes are inconsistent , the more
restrictive code should apply. He said that the Commission could
make a recommendation to the City Council that it believes single
water service is appropriate.
In answer to a question by Commr . Hoffman, Ron Whisenand said the
utilities department prefers multiple service because having a
single user per water meter provides better control during periods
of water rat.ioning. He said single-ownership multi-apartment
buildings are allowed to have a single water service .
Commr. Hoffman said requiring multiple water service to commercial
buildings and allowing single water service to residential
buildings was inconsistent . He did not feel the City needed single
service for control .
Ron Whisenand said residential condominiums are required to have
separate water service because of multiple ownership. He said the
current regulations do not require separate water service for
commercial condominiums .
Chairman Karleskint opened the public hearing.
No one chose to speak.
Chairman Karleskint closed the public hearing.
Commr . Senn expressed concern about substantially higher water
fees . He said the change to the ordinance would make it
financially difficult for the Housing Authority, an FHA program, or
a church group to purchase a condominium to be used as low cost
housing.
Arnold Jonas said the City Council could waive the water fee.
Commr . Senn said he understood that the Council could waive the
fee, but he felt that it would complicate and prolong the process.
He felt that if a case could be made by an applicant that multiple
water meters were not needed, they should not be required.
Commr . Hoffman felt single meters could save the City money because
there would be one meter to read and one bill to process .
Commr . Cross felt that if a threshold of water usage. ( such as 25
units ) was not exceeded , separate meters should not be required.
Imo;
P.C. Minutes
January 27 , '1993..
Page 3
Commr . Karleskint said he would like to have a representative from
the utilities department appear before the Commission to explain
why it prefers multiple water meters . He said the Commission was
leaning toward requiring one meter for single owners and multiple
owners .
Commr. Hoffman said he agreed with Commr. Senn that flexibility was
needed.
Commr . Hoffman moved to continue the item to a date uncertain -and
request that a representative from the utilities department attend
the meeting and address the concerns that were raised by the
Commission and explain why the utilities department believes
individual meters are needed at that meeting.
Commr . Senn seconded the motion.
In answer to a question by Commr. Senn, Ron Whisenand said staff
preferred that action on the tentative map time extension be done
when the Commission reconsiders the water use requirement .
VOTING: AYES - Commrs. Hoffman, Senn, Cross, Peterson,
Williams , and Karleskint .
NOES - None.
ABSENT - Commr . Whittlesey.
The motion passed.
Cindy Clemens said if the Commission intended to discuss
residential water use as well as commercial water use, the noticing
of that meeting should include a statement that residential usage
would be discussed.
Commr . Hoffman said both residential and commercial water use
should be discussed.
-----------------------------------------------------------------
Item 3 . Draft Open- Space Element . Review and iscussion of the
draft Open Space Element of the general plan. (Continued
from January 13 , 1992 )
---------------------------------------------- ------------------
Jeanette Di Leo advised the Commission that it would be discussing
the negative declaration and the EIR at the regularly scheduled
meeting on February 24 , 1993 . She then pro ided some background
information on creek protection . She noted hat the Architectural
Review Commission reviews sensitive si s , such as creeks ,
regarding design and possible flood prob ems , but that setback
issues are not necessarily considered. Sh said a 20-.foot setback
is required by administrative creek poli y, but it has not been
adopted by the City Council and ther ore is not law. She
explained that "S" designations require P anning Commission review,
but do not incorporate a setback requir ment . She explained that
a setback standard is needed to ensure t at additions are not built
closer to the creek, that creek vegetal on is not removed, and that
16 r1407-
MINUTES - CITY PLANNING COMMISSION
City of San Luis Obspo, California
February 0 , 1993
PRESENT: Commrs . Mary Whittlesey, Gilbert Hoffman, Dodie Williams ,
Brett Cross , Fred Pet rson, Charles Senn , and Barry
Karleskint .
ABSENT : None.
OTHERS
PRESENT: Arnold Jonas , Commu ity Development Director ; Ron
Whisenand, Developme t Review Manager ; Pam Ricci ,
Associates Planner ; len Matteson, Associate Planner;
Cindy Clemens , Assis ant City Attorney; Gary Henderson,
Water Division Mane. r ; Jerry Kenny, Supervising Civil
Engineer ; and Diane right , Recording Secretary .
Chairman Karleskint welcomed ary Whittlesey to the Commission.
ACCEPTANCE OF AGENDA: The Commission decided to hear Item 6
imm diately after Item 1 .
PUBLIC COMMENTS : There we a no public comments .
The minutes of the regular m etings of October 28 , 1992 and January
13 , 1993 were approved as a ended.
------------------------------------------------------------------
Item 1 . Subdivision Ordinance Amendment. TA 5-93 . An amendment to l•
the Subdivision Ordinance to establish time extension
criteria consistent with the State Subdivision Map Act
and to clarify utility service to condominium
development ; City of San Luis Obispo, applicant .
(Continued from January 27 , 1993 ) .
------------------------------------------------------------------
Ron Whisenand presented the staff report and recommended that the
Commission make a recommendation to the City Council to adopt the
amendment as proposed with the findings . He said the proposed
language and the language in the utility ordinance provide some
flexibility through the exception process .
Commr . Hoffman said he still did not understand why separate meters
were needed .
Ron Whisenand said separate meters encourage conservation and make
accountability easier .
Cindy Clemens explained that it is easier to collect unpaid bills
from an individual than from a homeowners association..
In answer to a question by Commr . Senn , Gary Henderson explained
that sub-meters are often located in unaccessible areas and that
City ordinance requires the City to provide maintenance up to the
meter , and the City did not want to accept the responsibility for
maintenance up to sub-meters .
I
P .C. Minutes
February 10 , 1993
Page 2
Commr. Senn expressed concern that the minimum fee for a water
meter was $2 , 400 and the cost for a sewer connection was $1,500 .
Chairman Karleskint opened. the public hearing.
No one chose to speak.
Chairman Karleskint closed the public hearing.
41
In answer to a question by Commr . Cross , Gary Henderson explained
that commercial water allocations are determined by using 1987 as
a base year , Lf available, or by using comparable figures for
similar uses elsewhere in the city.
Commr . Whittlesey said she . formerly worked for the water
conservation office and hundreds of requests to change water
allocations based on 1987 were sometimes received in one day. She
said absentee landlords are sometimes hard to find. She felt it
was an equity issue.
Commr. Whittlesey moved to approve the staff recommendation for
Exhibit A and the negative declaration with the findings.
Commr . Williams seconded the motion.
Commr. Hoffman felt for equity reasons , single ownership apartments
should be required to plumb to individual units because the units
might later be converted to condominiums .
Gary Henderson said staff would encourage single metering for
apartments , but would consider exceptions because of the additional
cost .
Commr . Cross felt if water use is low, the benefits of single
metering did not outweigh the cost .
Commr . Williams felt there was a need for exceptions , such as for
the Farbstein proposal , where water use was low.
In answer to a question by Commr . Senn , Ron Whisenand said the
words "satisfactory to the city engineer and utilities engineer"
would allow the utilities engineer to make exceptions .
Commr . Senn said he preferred more specific language allowing
flexibility for making exceptions such as "the city engineer and
utilities engineer may provide exceptions to separate metering if
good cause is shown by the applicant or based on historical water
usage . "
Cindy Clemens said that recommendation for ,approval could be made
to the City Council , with direction given, to staff to provide
language that more specifically states that exceptions can be
given . She said the Commission could approve the language as a
consent item at a later meeting.
® -��
P .C. Minutes
February 10 , 1993
Page 3
Commrs . Whittlesey and Williams agreed to the suggestion.
VOTING: AYES - Commrs . Whittlesey, Williams , Hoffman, Cross,
Peterson, Senn, and Karleskint .
NOES - None.
ABSENT. - None.
The motion passed.
v
-----------------------------------------------------------------
Item 6 . Water and Wastewater Element Amendment GP 9-93 . A
request to amend the Water #ind Wastewater Element to add
a 2 , 000 acre-foot reliabil • ty reserve ; City of San Luis
Obispo, applicant .
Arnold Jonas presented the staff rep rt and explained that the City
Council included a 2 , 000 acre-foot eserve from Lake Nacimiento for
the City in its water policy, a d the General Plan Water and
Wastewater Element needed to be nded for consistency.
Commr . Cross expressed concern hat it would be difficult to
guarantee that the water would n t be used for development in the
future.
Arnold Jonas explained that the a is no way to guarantee a future
City Council would not allow a itional development even without
the reserve.
Commr . Cross suggested a 2/3 v to be required to allow the reserve
water to be allocated for fut a development .
Commr . Senn expressed concern that the Nacimiento project might 'be
not be environmentally sound and the City would be forced to hold
2 , 000 acre feet of its curre t allocation as a reserve.
Gary Henderson explained tha the reserve would not affect the safe
annual yield.
Chairman Karleskint opened the public hearing.
Tim Fareel , 2069 McCollum, said Richard Schmidt had asked him to
request a delay until he rrived..
Chairman Karleskint anno ced a five minute recess .
Chairman Karleskint reopened the public hearing.
No one chose to speak .
Chairman Karleskint cl sed the public hearing..
Commr . Senn moved to s pport the staff recommendation .
Commr . Peterson secon ed the motion . 0/151
-/S
- city of &xn lUIS OBISpo
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION C T` w•V _ 3
I APPLICATION NO./PROJECT DESCRIPTION r l% LIL Su��:J Sio^ Orj."a tce �nA (PSl�Lt-.Ltcivet rey4-ts-oI
CdiS:'lt"` tJ TIn -f, 7h4r S e���l.S:e Mdn i4Ct 6 r) �n- C��r,4•. ��:� TT
SerJ:.re 4o I Ce�.r�ar+tM.Jn�l. �P�trl S .
APPLICANT C +. of SaA L.1:s O. S o o
STAFF RECOMMENDATION:
X NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED INITIAL STUDY REQUIRED ENVIRONMENTAL IMPACT REPORT REQUIRED
PREPAREDBY I`o^•(V-ILJ�.SeLAQj beL-100nAtj RCJ.Cw ko,wu.e,� DATE IZ 121 /17-
COMMUNI7Y DEVELOPMENT DIRECTOR'S ACT]oJ4 _/7-�SYbn DATE1..t__
SUMMARY OF I TIAL STUDY FINDINGS
1.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
II.POTENTIAL IMPACT REVIEW POSSIBLE ADVERSE EFFECTS
A. COMMUNITY PLANS ANDGOALS ...................................................... /VOAC
B. POPULATION DISTRIBUTION AND GROWTH.......................................... NO n e
C. LAND USE ........... ................................... A)on C
D. TRANSPORTATION AND CIRCULATION .............................................. l,',l e
E. PUBLIC SERVICES ................................................................ NDS e
F. UTILITIES.............. A)p-ie
...........................................................
G. NOISE LEVELS ..................................................................... NI, O4 e
/V
H. GEOLOGIC&SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ..................... 6A c
I. AIR QUALITY AND WIND CONDITIONS.......................................... .... . Ndnt
J. SURFACE WATER FLOW AND QUALITY .............................................. N//O n t
A/K. PLANT LIFE............................:.......................................... 0 n t
L ANIMAL LIFE............................................................................ PCAC
M. ARCHAEOLOGICAL/HISTORICAL ................................................... A�A c
N. AESTHETIC ................. ..................................................... /09Ae
0. ENERGYIRESOURCE USE ..................................................... AICA t
........... Natlt
P. OTHER .................... . . ..... .... .... ...................................... .
Ill.STAFF RECOMMENDATION
'SEE ATTACHED REPORT
Environmental Review - 1016-92
Page 2
I. DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
The project involves minor amendments to the City's subdivision
ordinance. The amendments includes changes in the map extension
process and the utility service requirements. First, the allowable
extension period for approved tentative maps will change from two
years to three years. The change is necessary in order to comply
with extension provision contained in the State Subdivision Map Act
(California Government Code) . Second, the subdivision improvement
requirements will be changed to reaffirm the other Municipal Code
sections (M.C. Section 13 .04) requiring separate utility metering
• for condominium developments. Finally, some minor clean-up
language is proposed addressing review of utility service
proposals.
The amendment will affect subdivisions of land City wide. No
specific areas will be targeted by the new changes.
II. POTENTIAL IMPACT REVIEW
A. Community Plans and Goals
As stated above, the amendment will apply City wide. The changes
are being proposed in order to bring the City's subdivision
regulations into conformance with State subdivision standards as
well as other existing City standards. The proposed amendment will
therefore further community goals by providing efficient utility
service and allow processing of subdivisions consistent with State
law (M.C. Sec. 16 . 04 . 030) .
SIGNIFICANCE:. The proposed amendment will further the goals of the
City and therefore will not be considered significant.
E. Public Services
The proposed amendment will affect utility service to non-
residential condominium developments. The subdivision ordinance
currently requires that separate water service be provided to each
lot.. The ordinance however is not clear on how the term "lot" is
interpreted. The issue for staff has been whether the term "lot"
was intended to include the individual condominium units or the
project as a whole.
The City's water service regulations require that individual users
on a single lot be metered separately. If the subdivision
regulations are interpreted as requiring a single meter to serve
the entire condominium project, a conflict is created. Conflicts,
6 -iT
i
Environmental Review - 1016-92
Page 3
when the occur, are resolved by the more restrictive regulation
being applied (M.C. Sec. 16.04.050) . However, whenever possible, •
and amendment should be processed to make the City's regulations
internally consistent.
Staff proposes to add language to the text of the subdivision
ordinance to clarify what is meant by service to individual "lots. "
The language "or for condominium projects, to each condominium
unit" has been added to those sections addressing utility services.
SIGNIFICANCE: The proposed modifications will ensure that utility
servicing is provided consistent with existing City utility policy.
The impacts will therefore be considered non-significant.
F. Utilities
See item E. above.
III. STAFF RECOMMENDATION
Staff recommends that a negative declaration be approved for the
proposed subdivision ordinance amendment.
6-�8
��iilll IBI Illnlll�11���������������IIIIIIii III� 111
city of sAn hili oBiqv
955 Morro Street • San Luis Obispo, CA 93401
February 5, 1993
MEMORANDUM
To: Ronald Whisenand, Development Review Manager
From: John E. Moss,. Acting Utilities Directo �
SUBJECT: SUBDIVISION ORDINANCE REVISION - TA 05-93 , WATER SERVICE
TO CONDOMINIUM DEVELOPMENTS
Per your request, this memorandum is to summarize the Utilities
Department's requirement for separate metering of condominiums,
both residential and commercial.
Our current water ordinance Municipal Code Section 13 .04. 120
clearly identifies that "Separate premises under single control or
management will be supplied through individual service
connections. . . " . This requirement is to insure that users are held
accountable for their actual water use and that the conservation
ordinances of the City can be appropriately enforced. Without
individual metering, the City cannot adequately enforce water use
regulations in that there is no single party responsible for the
water use. To pursue legal action for delinquent bills etc.
against an association is considerably more difficult than an
individual. Common metering simply does not place the necessary
accountability on the individual condominium owners.
Although not the City's actual responsibility, the City is often
dragged into dispute resolution between parties served by a common
meter. Individual metering not only prevents City involvement in
disputes but prevents the disputes between property owners in the
first place. In regards to commercial condominiums, the potential
for disputes may be even more accentuated where variations in
business types and as such water consumption may cause very
disproportionate use.
In closing, the action of the City Council on December 15, 1992 in
allowing Tract 1885 to be served by a single meter was in
recognition of significant physical and economic constraints to
retrofitting the particular existing structure for separate
metering. Their action in no way was questioning the need for
separate metering of condominiums and their direction for revising
the subdivision ordinance was to make this ordinance consistent
with the Municipal Code Section 13 . 04 . 120 in requiring separate
metering of separate premises.
6-�9