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HomeMy WebLinkAbout1991/06/11 Item 14 COUNCIL AGENDA STATEMENT Item ..JJL Meeting Date 6/11/91 ITEM TITLE: Report on Water Use Offset Policy 1 SUBMITTED BY: Director of Planning /'ll t REVIEWED BY: City Managew 1/ (4/Sths Vote: Yes_No.lO The following report addresses the issue of developing a City "Water Use Offset Policy" for new development projects. Such a policy would establish uniform requirements for new development to contribute toward projects which would reduce water demand or increase water resources, and therefore offset the water use impacts of new development. RECOMMENDATION: That Council direct staff to prepare a final "Water Offset Policy" and forward it for review and comment by the Interagency Water Commission prior to final City Council adoption. BOARDS/COMMISSIONS RECOMMENDATION: None. DISCUSSION: The City's Growth Management Program includes a requirement for preparation of a water conservation plan for certain new development projects. When the City Council approved the Sectional Planning Area Plan for Rancho del Rey III, they included a condition requiring that the water conservation plan for this project demonstrate the impacts on water supply had been reduced to a level of insignificance, as defined by the California Environmental Quality Act, at the sole discretion of the City Council. This plan was required to be approved in conjunction with approval of the Tentative Map for this project. (See attached condition and City Council minutes.) In developing the water conservation plan for the Rancho del Rey Project, it was recognized by both the applicant and staff that in order to mitigate water supply impacts to a level of "zero net impact" (e.g., off-site mitigation measures which would fully offset the increased water demand from the project), certain key issues would need to be addressed: 1. Should each development project be responsible for identifying its own list of "offset projects," such as toilet retrofit projects, park irrigation replacement projects, reclaimed water projects, etc.? .t.. '1-1 Page 2, Item ~ Meeting Date 6/11/91 2. If not, should an offset program be developed on a regional basis, or would it be preferable to develop a local program which would be administered by the City and/or local water districts? During its consideration of the proposed tentative map for Rancho del Rey SPA III in May, the Planning Commission considered these issues during their review of the water conservation plan for this project. They decided to take no action on the proposed water conservation plan until an overall City policy on water offset requirements was established. On May 24, 1991, the Interagency Water Commission also discussed this issue. Members of the IA WC expressed serious concerns regarding a case-by-case approach to water offset requirements, and supported the idea of taking a regional approach to this issue. On June 4, City staff, including representatives of the City Manager's office, Planning Department, Public Works Department, and Parks and Recreation Department met with representatives of the Otay Water District, Construction Industry Federation, and several major developers to discuss these issues further. During this meeting, several key points were reviewed: 1. The Draft SANDAG Regional Growth Management Strategy includes a recommendation that "The County Water Authority should enact a resource development offset program which would require new development to pay a fee for development of new resources, or otherwise offset their contribution to the increase in water use in the region. " 2. The County Water Authority, at the direction of its Board, has already set up a committee to develop a water use offset program, and has hired an engineering consultant to prepare the technical and financial analyses necessary to implement such a program. It is anticipated that this program could be developed during the next six to nine months. Representatives of the Otay Water District are participating in this effort. 3. The advantage of a regional approach to developing an offset program is that it can be applied uniformly to all new development projects, and that the most cost effective water resource development and conservation projects on a County-wide basis can be implemented. 4. A possible disadvantage of relying solely on a regional approach is that certain development projects may be approved prior to the implementation of the program. However, it was felt that legally enforceable conditions could be placed on all projects which would require them to comply with the regional offset program, or, if such a program is not in place at the time building permits are issued, would require them to implement a local offset project. JtI, z.,. Page 3, Item ~ Meeting Date 6/11/91 The overall consensus of those attending the June 4 meeting was that the regional offset program being developed by CW A offered the best opportunity for implementing a water offset policy for new development projects, and that the City should include conditions as part of its water conservation plans for new development projects which would ensure participation in the CW A program. Based on this input, and further staff review of this matter, it is recommended that the approach outlined above be used as the basis for developing an overall "water offset policy" which could be adopted by the City Council, and would provide policy direction in the preparation of water conservation plans. If Council concurs with this basic approach, it would be staff's intent to return with a formal policy for Council's review and adoption. It would also be our intent to refer this matter to the Interagency Water Commission for review and comment prior to final Council action. FISCAL IMPACT: None. (WUOP.All3) t~,3 June 10, 1991 Mayor and city council city of Chu1a vista 276 Fourth Avenue Chula Vista, CA 92107 Dear Mayor and Council Members: We understand that you are considering a policy to require new development to either undertake conservation measures or pay an in-lieu fee to offset the amount of water that would be required to serve the new development. While we sympa- thize with your objective and applaud your willingness to assist in dealing with the issue of water supply, we believe that this problem can best be dealt with on a regional basis under the auspices of the county Water Authority ("CWA"). The CWA is currently attempting to come up with an equitable program to assure a reliable long-term water supply. The solutions will undoubtedly cut across local agency bound- aries and require regional coordination. Should Chula vista insist on going forward unilaterally, we would urge you to have your program administered by the lo- cal water districts. This would assure that when a property owner in either otay or Sweetwater installs conservation measures, the credit from the CWA flows to the appropriate water district. It would also help to avoid legal contro- versies involving jurisdiction and nexus requirements. It would be handled much the same way school fees are, with the city setting a conservation goal and then requiring the de- veloper to get a letter from the water district assuring the City that the developer has met the goal. We would be will- ing to cooperate with you should you choose this approach. If-lf We believe that the most prudent approach would be to allow CWA to go forward with its response to dealing with water supply and delay any unilateral action by the city. The city's staff can monitor the CWA's progress and keep the City Council informed. If the City does decide to regulate water use, any such program should be developed through the interagency task force and administered by the water dis- tricts to assure its equitability. Very truly yours, )1~}7~~aL- _-- Nancy M ahy '~-~ Preside , otay Water Di~ict M?J~ Mark Watton Director, otay Water District T3~ ft.~a?~' Bud pocklington . Director, Sweetwater Authority Sue Jarrett Director, Sweetwater Authority 11/- , . . Resolut~on No. 15993 Page 4 EXCERPT FROM RESOLUTION NO. 15993 APPROVED 3/5/91 RANCHO DEL REY SPA III CONDITIONS OF APPROVAL 14. The Residential Property Development Standards shall be changed to reflect a 33 foot setback from back of sidewalk for all structures in the RS and RP land use districts fronting on East "J" Street, west of Paseo Ranchero. 15. Grading of the project shall incorporate the concepts and details shown on the Alternative Grading Concept plan, Exhibit 4 attached to the agenda report. This Alternative Grading Concept shall be incorporated into the SPA Plan replacing the proposed Grading Concept (Exhibit 14 in the SPA document). Minor statistical adjustments to development acreage and parcel unit counts may result and shall be incorporated in the pl an text and other exhibits as required. 16. Per the Agreement entered into by the Rancho del Rey Partnership . (Partnership) and the City of Chula Vista. a minimum of 23 low income housing units shall be provided in Rancho del Rey SPA III if a reasonable area for such units is available. If no reasonable site for low income units is available in Rancho del Rey SPA III, an alternate site within the City shall be provided. The Partnership shall provide at least 23. and will use reasonable efforts to exceed the 23. low income housing units. For purposes of this Agreement, low income housing shall be defined by Health and Safety Cc;lde sec. 50093. The low income housing units shall be demonstrated to the satisfaction of the Housing Coordinator prior to recordation of the Final Map. 17. Rancho del Rey SPAs I. II and III shall comply with any future ordinance of the City that would set requirements for designation of community purpose facility acreage. The commitment shall be satisfied prior to the recordation of any final map for the SPA III area. 18. Rancho del Rey SPA III shall comply with any Growth Management Plans approved by the City Council. Prior to approval of tentative maps for Rancho del Rey SPA III. an Air Quality Improvement Plan and a Water Conservation Plan shall be submitted and approved by the City Counc il . 19. The applicant shall hire a consultant to implement and monitor the environmental mitigation monitoring program. 20. Prior to the approval of the tentative map. the following conditions regarding water mitigation will have occured: J ,,~5 '. . .' , ~ ~ ,", (j, <.;. .~'," - ...,'~, r'" :, ,. \ '.j.' / \.... t' 'i>> ".!;' ,;tofl " ',I''; , , ' .",~" , l/ (, \ I' 'i, '\ ',> . . . EXCERPT FROM RESOLUTION NO, 15993 APPROVED 3/5/91 Resolution No. 15993 Page 5 " (1) As required by Condition No. 18, the applicant will prepare and submit to the City for City's approval a plan ("Water Conservation Plan") which will reduce or mitigate, to the extent deemed acceptable by the City Council in their sole and unfettered discretion, the impact of the project on water supply to a level which, from a CEQA perspective, would be deemed to be insignificant; (2) City will have reviewed and approved, or modified and approved as modified, in their sole and unfettered discretion, the Water Conservation Plan; and (3) Applicant will provide to the City such assurances as the City shall require that Applicant shall implement the City-approved Water Conservation Plan according to the time table therein approved. 21. Prior to the approval of the tentative map, the following conditions regarding air quality impact mitigation will have occured: (1) As required in Condition No. 18, the applicant will prepare and submit to the city for City's approval a plan ("Air Quality Improvement Plan") which will substantially reduce or mitigate, to the extent deemed acceptable by the City Council in their sole and unfettered discretion, th.e impact. of the project .on air qual ity. (2) City will have reviewed and approved, or modified and approved as modified, in their sole and unfettered discretion, the Air Quality Improvement Plan; and, (3) Appl icant will provide to the City such assurances as the City shall require that Applicant shall impl ement the City-approved Air Quality Improvement Plan according to the time table therein approved. BE IT FURTHER RESOLVED that based upon the findings and conditions listed above that the Rancho del Rey SPA III Plan (1,380 dwell ing units), Public Facilities Financing Plan and PC Development Regulations are hereby approved. BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the owners of the property. Presented by Approved as to ~~(, ruce . oogaar City Attorney rm by l&:4.~ Director of Planning J.t/,4 EXCERPT FROM COUNCIL MINUTES OF 3/5/91 I Minutes March 5, 1991 PJge 4 ") B.A. ORDINANCE 2440 APPROVING THE RANOiO DEL REY SECOONAL PLANNING AAF.A (SPA) III PLANNED COMMUNl1Y DEVELOPMENT REGULATIONS (first readimz) .Staff recommends that Council place the ordinance on first reading. (Director of Planning) Continued from the 215/91 meeting. Pulled from Consent Calendar. Councilman Nader stated there was a condition requiring the developer to offset additional water use through conservation or retrofits in existing areas of the ciry, i.e. submit a plan to the Ciry for approval. He was concerned over the way the condition, #20 on page 9 of the staff report, was written. He wanted to make it clear that the meaning of the condition was that a level of insignificance in terms of water means that there would be no net drain on the City's water supply. Ciry Attorney Boogaard responded that insignificant did not mean absolutely no impact but an impact that those that understand CEQA deem to be insignificant which would tolerate some impact. Councilman Nader questioned if under this condition, as written, did staff foresee a further depletion of the City's water supply as a result of the development but acceptable under the condition. Douglas Reid, Environmental Coordinator, responded not the way it was written, that the interpretation of water consumption impact had been changed dramatically and it is basically that any additional consumption of water is a significant impact. ORDINANCE 2440 PLACED ON FIRST READING AND RESOLUTION 15993 OFFERED BY COUNOLMAN NADER, reading of the text was waived. . Councilman Nader noted that the developer would have to bring forward a program for water conservation and air qualiry which satisfy the conditions as per the opinion of the Council. VOTE ON ORDINANCE 2440 AND RESOLUTION 15993: approved unanimously. .1 II.. 7 "'~"""'.' ~'~....b"'=-'~