resolution establishing land-use categories for water allocation 08-06-13.pdf

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City CouncilAgenda Item Summary

Meeting Date: 6 August 2013Preparedby: Marc Wiener, Senior Planner

Name: Consideration of a Resolution establishing land-use categories for water allocation andassigning water amounts to each category.Descript ion: This resolution that amends and replaces the existing resolution to establish 1) a list

of defined land use or project categories for which water will be available 2) place waterin the "Commercial" land use category.

Overall Cost: City Funds: N/AGrant Funds: N/AStaff time: N/A

Staff Recommendation: Adopt the Resolution.Important Considerations: CMC 17.50 establishes the City's water management program.

Following a public hearing and consideration of a recommendation from the PlanninigCommissiion, the City Council may adopt a resolution allocating water resources forincreased use.

Decision Record: On 10 July 2013 the Planning Commission recommended that the CityCouncil adopt a resolution transferring .334 acre-feet of water from the "SpinningWheel" land use category and .350 acre-feet of water from the previously unallocated"Le Towt" water credit transfer into the "Commercial" land use category.

Reviewed by:

Jasonffl:i.;;ty Administrator Date

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TO:THROUGH:FROM:DATE:SUBJECT:

CITY OF CARMEL-BY-THE-SEASTAFF REPORT

MAYOR BURNETT AND COUNCIL MEMBERSJASON STILWELL, CITY ADMINISTRATORMARC WIENER, SENIOR PLANNER6 AUGUST 2013CONSIDERATION OF A RESOLUTION OF THE CITYCOUNCIL OF THE CITY OF CARMEL-BY-THE-SEAADOPTING AN AMENDED WATER ALLOCATIONRESOLUTION (CMC 17.50.030)

BACKGROUND & EVALUATIONCMC 17.50 establishes the City's water management program (see attached). Following apublic hearing, the City Council may adopt a resolution allocating water resources for increaseduse. The Council's decision should include consideration of recommendations from thePlanning Commission on 1) a list of defined land use or project categories, 2) a discrete quantityofwater, expressed in acre-feet per year, for each defined land use category, and 3) a discretequantityofwater for unallocated reserves.The Commission's recommendations are based on the implementation of the General Plan andLocal Coastal Program. For example, in 2006 staff recommended the creation of a newallocation category for low-income and very-low income housing. This recommendation wasbased on General Plan Policy P3-42, which encourages the allocation of water for newaffordable housing units. The last time that a water allocation resolution was adopted was in2006.On 10 July 2013 the Planning Commission reviewed the City's water allocation andrecommended that the City Council adopt a resolution transferring .334 acre-feet ofwater fromthe "Spinning Wheel" land use category and .350 acre-feet of water from the previouslyunallocated "Le Towt" water credit transfer into the "Commercial" land use category.A separate resolution will be before the Council at this agenda to pre-commit this water to theCarmel Event Center Project. Any excess water not required for the Event Center Project will beallocated to the "Unallocated Reseerve" category.According to CMC 17.50.040.C, if a water pre-commitment or allocation is abandoned it returnsto its allocation category. If he Council denies the use permit application for the Event Center

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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION NO. 2013-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAADOPTING AN AMENDEDWATER ALLOCATION RESOLUTION (CMC 17 50.030)

WHEREAS, The Land Use and Conservation Elements of he City's General Plancontain objectives and policies which establish guidance relating to the distribution ofwater inCarmel; andWHEREAS, in recognition of he need to conserve and manage its limited waterresources, the City adopted a Water Management Ordinance in 2004 as part of he Local Coastal

Program which authorizes the establishment ofallocation categories; andWHEREAS, the purposeof establishing these water use categories was to limit access towater to t hose land uses which have been determined to be consistent with the City's General

Plan and projects which provide the greatest level ofbenefit to the community; andWHEREAS, the City has adopted a Water Management Program ordinance that requiresthe allocation ofwater to defined categories of development as a means of mplementing the

City's land use goals; andWHEREAS, the City' s Water Management Program requires recommendations from thePlanning Commission prior to the adoption ofan allocation resolution; andWHEREAS, on 10 July 2013 the Planning Commission recommended th at .334 acre-feet

ofwater from the "Spinning Wheel" land use category and .350 acre-feet ofwater from thepreviously unallocated "Le Towt" water credit transfer be transferred to the "Commercial" landuse category.NOW, THEREFORE, BE IT RESOLVED THAT HE CITY COUNCIL OF THE CITYOF CARMEL-BY-THE-SEA DOES:

1. Approve the Water Allocation Categories and water amounts identified in exhibit "A" arehereby established.2. Determines that if the Carmel Event Center project is not implemented or approved allwater in the "Commercial Category" will be transferred back to the original categories.

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PASSED AND ADOPTED by the City Council of he City of Cannel-by-the-Sea this 6thday ofAugust 2013, by the following vote:A YES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:ABSTAIN: COUNCIL MEMBERS:

SIGNED,

Jason Burnett, MAYORATIEST:

Heidi Burch, City Clerk

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EXHIBIT "A"TOTAL AVAILABLE WATER RESOURCE 3.32 afCate2ory #1: Low & Very Low Income Housing .507 afThis category includes residential housing units that meet the affordable housingstandards for low-income and/or very low-income households as es timated by themunicipal code.Cate2ory #2: Single Family Residential 0.0 afCateeory #3: Multi-Family Residential 0.0 afThis category includes permanent and non-transient multi-family housing in allcommercial and R-4 Districts, including new apartments and condominiums, conversionsof commercial space to residential dwellings, and the housing component ofmixed-useprojects.Category #4: Commercial 0.684 afThis category includes construction of new commercial floor space and conversion ofexisting space to uses with a greater demand for water. This category also includes thecommercial component ofmixed-use projects.Cate2ory #5: Municipal .224 afThis category includes all forms ofmunicipal projects including expansion or renovationof existing facilities, construction of new facilities and changes in use.Cate2ory #6: Unallocated Reserve 1.69 afThis category is unallocated and is to be held as uncommitted until assigned to a defmedcategory through adoption of a new Allocation Resolution by the City Council.Category #7: Mallerv/Pescadero Water Transfer Reserve .106 afThis category includes the remaining balance from .960 acre-feet ofwater originally setaside through a transfer of development rights for four vacant lots in Pescadero Canyonowned in 1998 by Tim Mallerybut dedicated as permanent open-space. This water maybe used for residential, multi-family residential, commercial or public use development asdetermined by Mallery provided that the project complies with all zoning and providedthat the is located with the City limits.Category #9: Forest Cottages Pre-commitment .109 afThis category is for water pre-committed to the Forest Cottages Specific Plan for thecreation of two low-income housing units. If this project is denied by the City Council orCoastal Commission or the project is not under construction by 13 February 2014 or isotherwise abandoned, the water shall return to Category #I .

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resolution establishing land-use categories for water allocation 08-06-13.pdf

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