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HomeMy WebLinkAboutOrdinance 603t vir IfIlwi-es-3ov91' �MENDING CHAPTER 13.20 OF THE MORRO BAY MUNICIPAL CODE FOR BUILDING LIMITATIONS 1 lilikTr$j r W�IE AS, it is the purpose of Chapter 13.20 of the Morro Bay Municipal Code ("MBMC") is to regulate the addition of new water users to the City's water system, whether new construction, expansions or new occupancies, to ensure demand for water shall not exceed available supply and the pace of allocating the available water supply to new users is reasonable and orderly; and ERAS, the amendments proposed by this Ordinance are to align the reporting and allocation of Water Equivalency Units (WEU) with the timeframe of when the data is available; and EREAS, the Public Works Advisory Board and the Planning Commission of the City of Morro Bay did forward a recommendation the WEU Table should be reviewed on a semiannual basis; and VV>EIE AS, these revisions proposed by this Ordinance were evaluated and deemed "not a project" and, therefore, exempt from the California Environmental Quality Act (CEQA). 1`IOW, T>FIE F®12E, the City Council of the City of Morro Bay does .ordain, as follows: SECTION l: A. The above recitations are true and correct and constitute the findings of the Council in this matter. B. For purposes of the California Environmental Quality Act, this action is exempt. SECTION 2: 1. Chapter 13.20 of the MBMC is hereby amended, in its entirety, to read as set forth in Exhibit A, hereto SECTION 3 : This Ordinance. shall become effective on the 31 st day after its adoption. 1 Ordinance No. 603, 2016 INTRODUCED at this regular meeting of the City Council held on the 24th day of May 2016, by motion of Councilmember Headding and seconded by Mayor Irons. AYES: Irons, Headding, Johnson, Makowetski, SJAX NOES: None ABSTAIN: None ABSENT: None L. IRONS,1VIayor ATTEST: QvkS�� ANA SWANSON, City Clerk APPROVED AS TO FORM: W. PANNONE, City Attorney I, Dana Swanson, City Clerk for the City of Morro Bay, hereby certify the foregoing ordinance was duly and regularly introduced at a meeting of the City Council on the 24day of May, 2016, and, hereafter, the ordinance was duly and regularly adopted at a meeting of the City Council on the 14th day of June, 2016, by the following vote, to wit: AYES: Irons, Headding, Johnson, Makowetski, Smukler NOES: None ABSTAIN: None ABSENT: None IN WITNESS WHEREOF I have hereunto hand and affixed the official seal of the City of Morro Bay, California, this i ��" day of J �n� , 2016. so r1 ity Clerk of the City of Morro Bay 2 ORDINANCE NO. 603 - EXHIBIT A 13.20.010 - Intent and findings. A. The intent of this chapter is to regulate the addition of new water users to the City's water system, whether new construction, expansions or new occupancies, to ensure that demand for water shall not exceed available supply and that the pace of allocating the available water supply to new users is reasonable and orderly. B. The City presently has a limited amount of water resources; this fact is not only recognized by the City but also by the state of California in various actions of the California Coastal Commission limiting new development within the City limits. New water users must be regulated, accordingly, to ensure that demand does not exceed supply and that the pace of development using available water is orderly and reasonable. C. The regulations established by this chapter may effectively limit the number of housing units which may be constructed on an annual basis, but such limitation is necessary to protect the public health, safety and welfare. If water use exceeded supply and adequate water were not available to users, then there could result in increased fire hazard, adverse impacts on commerce, industry and recreation, and the public health, safety and welfare would generally be jeopardized. D. By "development that occurs in an orderly fashion" is meant development which can be served by public utilities, including, but not limited to, water resources and delivery systems, which encourages infill in existing developed parts of the City rather than in large undeveloped areas along the perimeter of the community, and which helps to implement the policies and priorities articulated in the City general plan and local coastal program. E. Similarly, the public health, safety and welfare is.promoted by regulating the pace of new development so that it occurs in an orderly fashion. Such development helps preserve the community's character, enhances the attractiveness of the City, better implements adopted plans, policies and priorities for the physical growth of the City, and tends toward a more efficient use of available resources including but not necessarily limited to water and water delivery systems. F. Water equivalency units, as defined herein, are established to assist the City in regulating the addition of new water users to the City's limited water system. One water equivalency unit has been considered as equal to what is used by an average single family residence. 13.20.020 -Definitions. The .following definitions shall be used for interpreting this chapter: A. rector" means the City's Public Works Director. B. "Project" means new construction, additions to existing facilities, changes or intensification of use or occupancies in an existing facility, or demolition and replacement of existing facilities. Page 1 ORDINANCE NO. 603 - EXHIBIT A C. "Water equivalency program" means a program adopted each year that establishes the total number of water equivalency units to be allocated for the coming fiscal - year, and the method of dispersing and administering water equivalency units through the year. D. "Water equivalency table" means a table that indicates the average annual water use of different land uses that is used in calculating how many water equivalency units a proposed project needs. E. "Water equivalency units" means a unit of measure for water use equal to the average amount of water used by a single-family residence over the period of one year.. 13.20.030 -Responsibilities of the Director. The Director is charged with: A. Submitting an annual water report to the City Council, Public Works Advisory Board and Planning Commission; B. Reviewing and approving the water equivalency units required by individual projects, C. Monitoring the water equivalency program during each year, D. Periodically updating the basis for a water equivalency unit and the water equivalency table and adjusting them based on significant changes of water consumption by land use type, and E. Developing operating procedures for the administration of the water equivalency program and allocating water equivalency units established for the year to projects, in accordance with the water equivalency program. 13.20.040 -Submission of annual report by the Public Works Director. A. By June of each year, and subsequently in the following year based on a significant change in the water availability situation or recalculation of use by type of activity, the Director shall submit a report to the City Council, Public Works Advisory Board and Planning Commission outlining the number of uses receiving water equivalency units the previous year, the number of water equivalency units distributed, and the number of water equivalency units to be allocated for that year to projects. B. The Planning Commission and Public Works Advisory Board (PWAB) shall consider this report and forward it to the City Council with its recommendations. The City Council. shall thereafter hold a public meeting and shall take action to adopt a water equivalency program for the year. C. The City Council shall consider the annual report at a regularly scheduled Council meeting and make any changes to the annual water report and operating procedures for the administration of the water equivalency program, as it deems appropriate. ORDINANCE NO. 603 - EXHIBIT A 13.20.050 -Responsibilities of the City Council. A. By June 15t11 of each year, the City Council shall adopt a water equivalency program for the next fiscal year by resolution. B. The City Council shall also review the operating procedures for administration of the water equivalency program developed by the Director. 13.20.060 -Reserved 13.20.070 -Water equivalency table. The water equivalency table as approved by City Council Resolution indicates the average annual water use of different land uses and building types relative to that of a single-family dwelling. The water equivalency table shall be followed when calculating the water equivalency units needed by individual projects or to be credited to existing or discontinued land uses as set forth in Section 13.20.080. The water equivalency table shall be reviewed by the Director semiannually and any modifications that reflect changes in water use shall be approved by the City Council. 13.20.080 -Allocation of water equivalency units to projects. A. No project as defined in this chapter shall be permitted unless it is first reviewed by the Director to ascertain whether it will increase likely water usage and thereby needs water equivalency units. The Director shall use the water equivalency table referred to in Section 13.20.070 for determining water equivalency units for various uses. If a particular use is not listed on the water equivalency table, then the Director shall estimate the water equivalency units for that use. Generally, the water usage records of a sample of like uses already operating in the City shall be used if available. The time frame for the sampling should be at least seven years of use if available. Any other relevant information may be used in making a reasonable estimate. The Director's decisions regarding estimates of water usage may not be appealed. If a proposed project, as defined in this chapter, is found to require water equivalency units, then it shall not be approved for construction, or, in cases of changes to, or the expansion or intensification of existing uses, the occupancy shall not be approved, until and unless the required water equivalency units have been obtained in accordance with the annual water equivalency program, except as provided in this section. B. The following types of projects shall not be required to obtain water equivalency units through the water equivalency program: 1. Any projects which involves the demolition of a building where the number of water equivalency units required by the new uses is less than or equal to those credited to the demolished building(s). Water equivalency units credited to demolished buildings shall be limited to the highest number of water equivalency units credited to legally permitted uses which have existed in the building since January 1, 1977, based upon the most Page 3 ORDINANCE NO. 603 - EXHIBIT A current water equivalency table referred to in Section 13.20.070 of this code. Any building demolished prior to January 1, 1977 shall not be credited with water equivalency units. "Legally permitted" buildings, uses or occupancies shall mean: any building, use or occupancy for which any required use permit, building permit or business license had been secured and validated, or any legal nonconforming use. 2. Any Project which involves the replacement of a use or occupancy where the number of water equivalency units required by the new use or occupancy is less than or equal to those credited to the highest number of water equivalency units credited to legally permitted, non -temporary uses, which have existed in the building since January 1, 1977, based upon the most current water equivalency table referred to in Section 13.20.070 of this code. Any use or occupancy discontinued prior to 1977 shall not be credited with equivalency units 3. Any project which is an addition to an existing facility and includes the retrofit of existing fixtures in that existing facility such that the water equivalency units saved by the retrofit is greater than or equal to the water equivalency units required by the new use. The Director shall estimate the water equivalency units saved by a proposed retrofit; the Director may request the project proponent to supply whatever information is deemed necessary to help estimate water savings. 4. Additions or expansions to residential uses, motels, hotels, campground or other uses for which water equivalency units are based on number of units so long as such additions or expansion does not involve an increase in number of units. 5. Family day care homes, as defined in Section 17.12.272 of this code, as may be amended. C. A project proponent may obtain water equivalency units for the project by implementation of an approved off -site retrofit program of existing water fixtures or other water conservation measure, subject to the following provisions: 1. All proposals for off -site retrofit programs or other water conservation measures shall be submitted to the planning director who shall estimate the number of water equivalency units such proposal would save. Additionally, if retrofit is proven to be infeasible, the payment of an in -lieu fee in the amount approved by the City Council and listed in the Master Fee Schedule will satisfy this requirement. 2. Any such proposal may be subject to review and approval by the City Council and, if deemed necessary, by the California Coastal Commission; provided, however, that if a proposal complies with the guidelines prepared pursuant to this section and approved by the City Council, it may be approved by the Director. 3. In order to allow a large margin of error in estimated savings and to help reduce overall demand on the City's already constrained water resources, no more than one-half of the water savings from a project resulting from a retrofit proposal may be credited to a new use or development project. 4. This option shall not include replacement by private developers of leaky water mains. ORDINANCE NO. 603 - EXHIBIT A 5. In order to better implement City objectives and policies to promote infill development, only projects defined as infill pursuant to the definition adopted in the operating procedures shall be eligible to obtain water equivalency units pursuant to this section. 6. The Director shall prepare guidelines for the administration of retrofit program which shall be reviewed at least once a year by the City Council and which shall be subject to Council's approval. 7. Once a year, in May, the Director shall submit a report to the City Council summarizing the experience to date of all retrofit proposals. Prior to submission to the Council, such reports shall be reviewed by the Public Works Advisory Board (PWAB), and all recommendations made by the PWAB shall be included among the materials submitted to the Council. Based on those reports and PWAB recommendations, the Council may modify the guidelines for the program as deemed appropriate. 8. In any program under which the City assists developers in locating structures to be retrofitted, priority shall be given to residences of low-income households. D. If a project needs to obtain water equivalencies units pursuant to the water equivalency program, then the project proponent shall make application for the water equivalency program in the form of a completed application for a building permit and shall be submitted to the City; provided, however, that for projects which do not require a building permit, a letter requesting the required water equivalency units shall be submitted to the department instead. The Director shall determine the number of water equivalency units needed by the proposed project. The Director shall periodically forward requests to the Planning Commission for allocation of available water equivalency units, in accordance with the annual water equivalency program. E. The Planning Commission shall allocate the required water equivalency units to the proposed project only if it can make the following findings: 1. The project is consistent with City planning regulations; all applicable local discretionary permits shall be approved prior to a project's being eligible to receive any water equivalency unit allocations; 2. There are enough water equivalency units available to be allocated to the specific type of use for which application has been made; and 3. A water equivalency units allocation to the proposed project is consistent with the water equivalency program adopted for the year. F. Applications for water equivalency units will be reviewed by the Public Works Department and considered for water equivalency units allocation on the basis of time and the date of receipt of the completed application by the Public Works Department. 13.20.083 -Priority for affordable housing developments. A. For the purpose of this section, moderate, low and very low income persons shall be defined as set forth in California Health and Safety Code Sections 50079.5 and 50105. "Affordable Page 5 ORDINANCE NO. 603 - EXHIBIT A housing" means housing affordable to persons and families with moderate, low and very low incomes. B. In any given year at the time any water equivalency units allocation are authorized by the City Council, priority on the residential building permit waiting list shall be given for developments which provide a minimum of fifty percent of housing which will be guaranteed to be affordable to persons and families with moderate, low and very low incomes; provided, however, that not more than fifty percent of the building permits allocated each year for single-family dwellings or multifamily dwellings by the City Council pursuant to Ordinance No. 266 shall be so prioritized. Developments which provide a minimum of fifty percent of affordable housing including a minimum of twenty-five percent affordable to low- and very low-income families shall have a priority over projects for affordable housing, which do not provide units for low and very low-income families. Also, developments which provide one hundred percent affordable housing shall have a priority over projects which provide fifty percent affordable housing. The remaining permits shall be allocated in accordance with the existing waiting list. C. An applicant desiring low-income housing priority shall submit to the Public Works Department, a written request for such priority, listing the applicant/owner, the address and legal description of the project property, and written deed restrictions and agreements as approved by the City Attorney, restricting the sale and occupancy of the affordable units in the project to moderate-, low- or very low-income persons for a period of thirty years after completion of the housing project. Upon receipt of this information and agreements, the applicant's property will be placed on a separate low-income housing waiting list for either single-family or multiple -family projects in the order in which the requests are received by the City to be eligible for priority in the following year's water allocation. D. If a project due to be awarded water fails to qualify or submit sufficient deed restrictions and agreements, as required in this section, prior to the award of water, or voluntarily withdraws, then the project shall be removed from the priority list and shall be returned to its original position on the long-term building allocation waiting list. E. The City, at its option, may contract with a nonprofit housing agency to provide for administration of various aspects of deed restrictions, agreements and other procedures to ensure the effectiveness of this program to provide long-term low income housing. Costs for such services shall be borne by the applicant/developer. 13.20:085 -Special building allocation. A. During any fiscal year in which the City Council determines not to award all of the water equivalency units allocations permitted by Ordinance 266, the City Council may by resolution, authorize building permits to be issued for new uses within the limits established in Ordinance 266 to those projects, which because they have pre-existing water equivalency units on -site, have no necessity for new water equivalency units allocation from the City. B. Proposals for residential projects which are being converted from former nonresidential uses or for residential redevelopment projects which increase the number of residential units on ORDINANCE NO. 603 - EXHIBIT A the property may be eligible to be considered for a special building allocation' when those projects: 1. Have sufficient pre-existing water equivalency units on -site due to prior water use on that property, 2. Are consistent with the annual building allocation established by the council as required by Ordinance 266, and 3. Will not require more water equivalency units for the current use to be converted than the amount set forth in the water equivalency table, adopted by Council Resolution, as referred to in Section 13.20.070. C. Upon receipt of a redevelopment application, and verification by the planning director that the proposal conforms to the above requirements and all other requirements of this code, the application will be processed in the normal manner required for any necessary discretionary approvals. The Director, on a quarterly basis, shall provide the City Council a. list of all redevelopment projects having obtained all necessary discretionary approvals during that quarter. The Council may authorize the Director to issue building permits to such projects in accordance with the limitations of the special building allocation for that calendar year. During each quarterly authorization, those projects highest on the long-term waiting list shall have priority over other applicants for access to the available special allocation permits, except as set forth in subsection D of this section. D. In accordance with and subject to the provisions of Section 13.20.090 of this code, and as subsequently amended, projects which qualify as low- and very low-income housing developments shall be given priority to special building allocation permits over other applications. E. Special building allocations will have not be allowed to carryovers water equivalency units from one calendar year to the next; therefore, in the event a project requires more water equivalency units than the number of remaining water equivalency units available through the allocation, the project proponent may reduce the number of units proposed which require water equivalency units, or the next project in line that can be satisfied shall receive the award. F. Any applicants applying to participate in a special building allocation, but who (i) fails to meet the criteria above, (ii) fails to obtain any required approvals, or (iii) meets the criteria but withdraw the request, shall be returned to that applicant's original relative position on the long-term building allocation list. 13.20.100 - Nontransferability of water equivalency units. A. A water equivalency unit shall be awarded only to a specific project in a specific location. Minor amendments to projects, which do not change the type or intensity of use, may be approved without loss of allocated water equivalency units, so long as the project and site do not change. B. A water equivalency unit that has been allocated to a specific project cannot be transferred to another project or property. ORDINANCE NO. 603 - EXHIBIT A C. A project proponent must be the record owner of a property in order to be eligible to obtain water equivalency units. D. Water equivalency units shall run with the project and the property. New owners of properties which have received water equivalency units credit shall notify the City within forty-five days after close of escrow. E. The limitations outlined in this section shall be effective as of September 27, 1993. 13.20.110 -Time limit for using water equivalency units. A. If water equivalency units have been awarded to a project by the Planning Commission, then that award shall remain in force for the period in which all applicable (related) discretionary and ministerial and administrative approvals are valid. E. Any extensions granted to such permits prior to their expiration shall automatically extend the water equivalency units award to the new expiration date. Expiration of a project's conditional use permit or coastal development permit or other ministerial or administrative approval shall result in the expiration of water equivalency units awarded the project. Allocation of water equivalency units expiring in this manner cannot be reinstated. In such cases, new water allocations must be obtained for new or reactivated projects on a property. C. For existing commercial uses, industrial uses and other nonresidential uses, retrofit of on - site facilities may be credited on that property for potential further expansions or new nonresidential uses pursuant to the following standards: 1. The water equivalency units earned by the retrofit must be maintained on -site and cannot be transferred to another property; and 2. The water equivalency units earned are all from on -site retrofit of that property pursuant to a retrofit program approved by the Director consistent with these regulations and shall be valid for five years from the date of the retrofit; and 3. This retrofit need not be tied to any specific current projects but may apply to any future nonresidential expansions and or more intensive nonresidential use on -site; and 4. In the event of the contemplated sale of the subject property, the retrofit application and replacement work shall be initiated and completed prior to the time of sale; sale defined as last condition precedent to the sale being satisfied. 5. The retrofit water equivalency units earned can be transferred to a new owner but must remain with the same property (see subsection (C)(1)). 13.20.120 -Limitations on allocations of water. A. The City shall not allocate any water equivalency units to new use on the basis of: 1. Any project performed by the City or on City -managed property; 2. Any water savings that was not derived from, or accomplished by, a specific approved and and City -contracted project, ORDINANCE NO. 603 - EXHIBIT A 3. Any project, or part thereof, that has previously earned any water equivalency units credit for allocation. Thus, a toilet facility, whose retrofit had earned allotment credit, shall not become a factor in a subsequent retrofit by another fixture replacement; 4. Past, present or future replacement of the City water pipes; 5. An excess of fifty percent of that water saved from any project. No more than one half of the savings from a project shall be so allocated; 6. An increase in the amount originally contracted for allocation from a project; or 7. Mandated projects, measures or procedures, including compulsory retrofstting of private property and forced rationing of water use. B. The word "project," as used in this section, shall denote any measure, act, process or procedure by which the consumption of potable City water may be assumed, or expected, to decrease and thereby legally permit the allocation of City water to new use. C. Any water equivalency units allotment to nonprofit public facilities which are supported by public funds shall be exempt from subdivisions 1, 2 and 3 of subsection A of this section.