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HomeMy WebLinkAboutResolution 2007-206 N.C.S. 12/03/2007 Resolution No. 2007-206 N.C.S. of the City of Petaluma, California ESTABLISHING A THRESHOLD OF SIGNIFICANCE FOR USE IN EVALUATING ENVIRONMENTAL IMPACTS ON THE CITY WATER SYSTEM PRIOR TO ADOPTION OF THE GENERAL PLAN 2025 WHEREAS, the Water Demand and Supply Analysis report ("WDSA") contained in the Draft General Plan 2025 ("General Plan") determined the City's water demands would eventually exceed. its Average Day Maximum Month ("ADMM") allotment of 17.1. mgd as set forth in the Memorandum of Understanding Regarding Water Transmission System Capacity Allocation During Temporary Impairn~ent (Sonoma County Water Agency, 2006) if no actions were taken; and, WHEREAS, the General Plan includes a water supply plan to mitigate this occurrence and accommodate build-out of the General Plan by offsetting potable water demands through the expanded use of recycled water, expanded water conservation, and limited use of local water supply; and, WHEREAS, the City Council considered and discussed the WDSA on June 5 and 19, 2006; and, WHEREAS, on June 19, 2006, the City Council adopted Resolution 2006-120, which identified the amount, nature and basis of increased water capacity charges which the City intends to adopt to fund the water supply programs identified in the General Plan; and, WHEREAS, once the water supply impact and limited remaining ADMM were publicly identified there was an immediate effect on pending and newly submitted development applications that. involved discretionary decisions (i.e. tentative map, rezoning, conditional use permits, design review, etc.) that were not exempt from the provisions of the California Environmental Quality Act (CEQA); and, WHEREAS, the WDSA used a baseline year of 2002 and an estimated ADMM of 15.5 mgd, which left a remaining ADMM capacity of 1.6 mgd; and, WHEREAS, since 2002, and using water use factors developed. in the WDSA, the estimated remaining ADMM has been affected by the start of irrigation at Rooster Run Golf Course with recycled water, which increased available ADMM supply by an estimated 0.813 mgd; and by approval of several development projects which decYeased remaining ADMM supply by an estimated 1.378 mgd, resulting in a remaining ADMM capacity estimated at 1.035 mgd: Year 2002 estimated baseline ADMM = 15.500 mgd Rooster Run ADMM = (-0.813 mgd) New development ADMM = 1.378 mid Resolution No. 2007-206 N.C.S. Page 1 Estimated ADMM = 16.065 mgd Estimated. remaining ADMM = 17. 1 mgd - 16.065 mgd = 1.035 mid; and, WHEREAS, a threshold of significance for purposes of the California Environmental Quality Act ("CEQA") is an identifiable, quantitative, qualitative or performance level of a particular environmental effect, non-compliance with which means that the effect will normally be determined to be significant, and compliance with which means that the effect normally will be determined to be less than significant (14 California Code of Regulations ("CEQA Guidelines"), section 15064.7); and, WHEREAS, CEQA encourages public agencies to develop and publish thresholds of significance after a public review process (CEQA Guidelines, section 15064.7); and, WHEREAS, the City Council considered a threshold of significance pursuant to public notice at a regular public meeting on November 19, 2007, at which time it was proposed that a water supply impact resulting from the implementation of a proposed project prior to adoption of the General Plan 2025 would be considered significant if: (1) it did not conform to the 1987 General Plan and (2) it was anon-residential project which would increase water demand or decrease water supply by more than 1 % of the City's remaining Average Day Maximum Month water supply capacity, or (3) it was a residential project containing more than 41ots; and, WHEREAS, upon further analysis, measurement of anticipated water use is determined to be a more accurate measure of a residential project's impact on the environment than the number of residential lots contained in a project; and, WHEREAS, using quantitative water use estimates for residential and non-residential projects will result in a fairer and more accurate determination of a project's potential impact on water supply; and, WHEREAS, the proposed threshold of significance includes an adequate safety factor and reserve amount based on the following facts: (1) A water loss factor of 8% was used to calculate future water demands, when in fact the actual current water loss amount is 6%. The City will continue to use 8%, thereby reserving the difference for reserve. (2) An estimated ADMM savings of 0.813 mgd was used for Rooster Run Golf Course, when it initially appears that Rooster Run's actual ADMM savings may be greater, leading to an increased safety factor. (3) Since 2002, City water conservation program measures, including low flush toilet and washing machine rebates and water-wise housecalls, have resulted in an estimated savings of 0.063 mgd which are not included in the threshold of significance calculation, and therefore can be considered part of a safety reserve amount; and, WHEREAS, the factor of safety shall be further increased by maintaining a minimum additional reserve capacity of 10% of the remaining ADMM proposed for allocation, or 0.1035 mgd, such that should a project reduce the City's remaining ADMM capacity to 0.1035 mgd or lower, the project's impacts shall be considered significant; and, Resolution No. 2007-206 N.C.S. Page 2 WHEREAS, with the information stated herein, the City can establish a threshold of significance for water for the period prior to adoption of the General Plan, enabling the City to evaluate a proposed project's potential impact on the City's water system at the time of environmental analysis performed for each project, and achieve a consistent determination of whether project impact is .individually or cumulatively significant; and, WHEREAS, on November 19, 2007, the Petaluma City Council directed City management to prepare a resolution establishing a threshold of significance for measuring the impact of projects on the City's water supply; and, WHEREAS, based on the facts stated herein, it is determined that implementation of a proposed project prior to adoption of the General Plan will not have a significant individual or cumulative adverse impact upon the City's water supply if (1) the project conforms to the 1987 General Plan; and (2) as determined by the City's Department of Water Resources and Conservation, the project will not increase water demand or decrease water supply by more than 1 % of the City's remaining ADMM water supply capacity of 1.035 mgd less a ten percent (10%) safety reserve factor of 0.1035. NOW, THEREFORE, DE IT RESOLVED, by the City Council that: 1. The above recitals are true and correct and are adopted as the findings of the City Council of the City of Petaluma. 2. A threshold of significance is hereby established to measure the impact of a proposed project on the City's water supply such that non-compliance with the .identified standard means the effect will be determined to be significant by the City and compliance with the identified standard means the effect will be determined to be less than significanC. 3. A project proposed prior to adoption of the General Plan will not be determined to have a significant individual or cumulative adverse impact upon. the City's water supply for purposes of the California Environmental Quality Act if (a) the project conforms to the 1987 Petaluma General Plan; and (b) as determined by the City's Department of Water Resources and Conservation, the project will not increase water demand or decrease water supply by more than 1% of the City's remaining Average Day Maximum Month water supply capacity of 1.035 mgd less a ten percent (10%) safety reserve factor of 0.1035 mgd. 4. A minimum ADMM reserve capacity of 10% or 0.1035 mgd shall be maintained, such that should a project reduce the City's remaining ADMM capacity to 0.1035 mgd or lower, the project's impacts shall be considered significant. 5. The water demand calculation for each project shall be conducted by the Department of Water Resources and Conservation using water use factors developed in the Water Demand and Supply Analysis report (2006) and a remaining ADMM of 1.035 mgd. 6. Projects allowed to proceed following the adoption of this resolution shall be responsible for mitigating any and all identified impacts associated with the project. Resolution No. 2007-206 N.C.S. Page 3 7. This resolution shall be automatically repealed and without further force or effect without further action of the City Council the date that the General Plan 2025 takes effect. 8. This resolution shall become effective immediately. 9. All portions of this resolution are severable. Should any individual component of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction, then the remaining resolution portions shall be and continue in full force and effect, except as to those resolution portions that have been adjudge invalid. The City Council of the City of Petaluma hereby declares that it would have adopted this resolution and each section, subsection, clause, sentence, phrase and other portion thereof, .irrespective of the fact that one or more section subsection, clause sentence, phrase or other portion may be held invalid or unconstitutional. Under the power and authority conferred upon this Council. by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the o d as to Council of the City of Petaluma at a Regular meeting on the 3`d day of December, 2007, by the following vote: City omey AYES: Harris, Vice Mayor Nau, O'Brien, Rabbitt NOES: Barrett, Mayor Torliatt ABSENT: Freitas ABSTAIN: No i ATTEST: ~ i~ L Deputy City Clerk yor Resolution No. 2007-206 N.C.S. Page 4