MEETING DATE: MARCH 9, 2004
ACTION ITEM 3-D: DISCUSS
ENVIRONMENTAL REVIEW OF DRAFT ORDINANCE NO. 115, CLARIFYING WATER CREDIT RULES
AND SETTING FEES FOR WATER USE CREDIT DOCUMENTATION
SUMMARY: At the February 19, 2004 meeting, the Board approved staff’s recommendation for modifications to the rules to clarify the process for on-site water credits (formerly discussed as “water credit reassignments”). On-site water credit often refers to multiple contiguous properties under identical ownership and use. District Rule 25.5 allows the reuse of a documented Water Use Credit at a later time on the same Site (as defined in Rule 11, Definitions) as long as the savings are current and as long as the Water Use Credit has not expired.
Following the meeting, staff prepared the following summary of the Board’s action:
1. Water
Use Credits can be formally designated (e.g. specified by deed restriction)
only when there is a demolition that straddled the lot line. This provision applies only to the two lots
that the building formerly occupied.
2. Water
Use Credits may be moved between one or more habitable dwelling units on a site
when a water permit is issued.
3. Staff
should only accept reassignment requests that fall under 1 and 2, above.
4. A
new ordinance will be presented to the Board in April that will address the
following:
a. We
will not be recording deed restrictions that specify an amount of credit
available to a vacant lot or a lot with an uninhabitable structure.
b. The
owner of the Site will be required to make application to use any credit that
was documented pursuant to Rule 25.5.
c. Water
permits that include a documented Water Use Credit will expire two years after
date of issue if not completed. No
exceptions. The applicant will need
to reapply with the District to continue the permit.
d. When
a property owner wants to use Water Use Credits to build a new house, the Site
has to have been under the current ownership for at least 24 months.
e. If
an applicant can provide clear and convincing evidence that a vacant lot has
irrigation/landscaping that existed in 1985 and has been maintained since, we
will grant credit for exterior uses.
This will be an appealable decision.
f.
Staff will be charging fees for documenting
credits, extending credits, consulting on credits, etc.
Prior to bringing new ordinances
to the Board, staff’s goal is to complete the CEQA review process. In this regard, staff and District Counsel
met to discuss the CEQA process for an ordinance that would incorporate staff’s
summary (above) into the District Rules.
Since that discussion, staff has prepared Preliminary Draft Ordinance
No. 115 (attached as Exhibit D-1),
an ordinance to clarify special fixture
unit accounting for second bathrooms. District
Counsel has not reviewed this preliminary ordinance as of March 4, 2004.
The proposed ordinance clarifies existing rules having to do with Water
Use Credits, establishes processing fees for documenting Water Use Credits, and
relocates text in the Rules related to cancellation of permits that is
currently found in several places. As
Rule 25, Cancellation of Permits, must be modified to include a permit
expiration clause added by the Board action on February 19, staff included a
housekeeping measure to bring all rules related to permit cancellations into
one rule.
RECOMMENDATION: Staff recommends the Water Demand Committee agree that the District should proceed with preparation of an Initial Study and Negative Declaration for Draft Ordinance No. 115. The proposed ordinance defines existing practices and makes no physical change to the environment. It addresses existing processes related to on-site water credits that occur when a water use has already occurred that predates the District or CEQA, or for which a water permit has already been issued. An argument can be made that this ordinance is exempt from CEQA, however staff recommends the prudent route of completing the Initial Study and adopting a Negative Declaration.
BACKGROUND: CEQA evaluation is a requirement of any ordinance considered by the District. The District has instituted a new procedure whereby the CEQA evaluation will be completed up front, prior to Board consideration of an ordinance.
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