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Meeting Date: 6 August 2013 Prepared by: Marc Wiener, Senior Planner

City Council Agenda Item Summary Name: Consideration of a Resolution establishing land-use categories for water allocation and assigning water amounts to each category. Description: 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 water in the "Commercial" land use category. Overall Cost: City Funds: N/ A Grant Funds: N/A Staff 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 Planninig Commissiion, the City Council may adopt a resolution allocating water resources for increased use. Decision Record: On 10 July 2013 the Planning Commission recommended that the City Council adopt a resolution transferring .334 acre-feet of water from the "Spinning Wheel" 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:

Jason

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Administrator

Date

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CITY OF CARMEL-BY-THE-SEA STAFF REPORT TO: THROUGH: FROM: DATE: SUBJECT: MAYOR BURNETT AND COUNCIL MEMBERS JASON STILWELL, CITY ADMINISTRATOR MARC WIENER, SENIOR PLANNER 6 AUGUST 2013 CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING AN AMENDED WATER ALLOCATION RESOLUTION (CMC 17.50.030)

BACKGROUND & EVALUATION


CMC 17.50 establishes the City's water management program (see attached). Following a public hearing, the City Council may adopt a resolution allocating water resources for increased use. The Council's decision should include consideration of recommendations from the Planning Commission on 1) a list of defined land use or project categories, 2) a discrete quantity of water, expressed in acre-feet per year, for each defined land use category, and 3) a discrete quantity of water for unallocated reserves. The Commission's recommendations are based on the implementation of the General Plan and Local Coastal Program. For example, in 2006 staff recommended the creation of a new allocation category for low-income and very-low income housing. This recommendation was based on General Plan Policy P3-42, which encourages the allocation of water for new affordable housing units. The last time that a water allocation resolution was adopted was in 2006. On 10 July 2013 the Planning Commission reviewed the City's water allocation and recommended that the City Council adopt a resolution transferring .334 acre-feet of water from the "Spinning Wheel" land use category and .350 acre-feet of water from the previously unallocated "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 the Carmel Event Center Project. Any excess water not required for the Event Center Project will be allocated to the "Unallocated Reseerve" category. According to CMC 17.50.040.C, if a water pre-commitment or allocation is abandoned it returns to its allocation category. If the Council denies the use permit application for the Event Center

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CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION NO. 2013A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING AN AMENDED WATER ALLOCATION RESOLUTION (CMC 17 .50.030)

WHEREAS, The Land Use and Conservation Elements of the City's General Plan contain objectives and policies which establish guidance relating to the distribution of water in Carmel; and WHEREAS, in recognition of the need to conserve and manage its limited water resources, the City adopted a Water Management Ordinance in 2004 as part of the Local Coastal Program which authorizes the establishment of allocation categories; and WHEREAS, the purpose of establishing these water use categories was to limit access to water to those 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; and WHEREAS, the City has adopted a Water Management Program ordinance that requires the allocation of water to defined categories of development as a means of implementing the City's land use goals; and WHEREAS, the City's Water Management Program requires recommendations from the Planning Commission prior to the adoption of an allocation resolution; and WHEREAS, on 10 July 2013 the Planning Commission recommended that .334 acre-feet of water from the "Spinning Wheel" land use category and .350 acre-feet ofwater from the previously unallocated "Le Towt" water credit transfer be transferred to the "Commercial" land use category. NOW, THEREFORE, BE IT RESOLVED THAT HE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES: 1. Approve the Water Allocation Categories and water amounts identified in exhibit "A" are hereby established. 2. Determines that if the Carmel Event Center project is not implemented or approved all water in the "Commercial Category" will be transferred back to the original categories.

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PASSED AND ADOPTED by the City Council of the City of Cannel-by-the-Sea this 6th day of August 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

SIGNED,

Jason Burnett, MAYOR ATIEST:

Heidi Burch, City Clerk

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EXHIBIT "A"

TOTAL AVAILABLE WATER RESOURCE Cate2ory #1: Low & Very Low Income Housing
This category includes residential housing units that meet the affordable housing standards for low-income and/or very low-income households as estimated by the municipal code.

3.32 af .507 af

Cate2ory #2: Single Family Residential Cateeory #3: Multi-Family Residential

0.0 af 0.0 af

This category includes permanent and non-transient multi-family housing in all commercial and R-4 Districts, including new apartments and condominiums, conversions of commercial space to residential dwellings, and the housing component of mixed-use projects.

Category #4: Commercial

0.684 af This category includes construction of new commercial floor space and conversion of existing space to uses with a greater demand for water. This category also includes the commercial component of mixed-use projects.

.224 af This category includes all forms of municipal projects including expansion or renovation of existing facilities, construction of new facilities and changes in use.

Cate2ory #5: Municipal

Cate2ory #6: Unallocated Reserve

1.69 af

This category is unallocated and is to be held as uncommitted until assigned to a defmed category through adoption of a new Allocation Resolution by the City Council. .106 af This category includes the remaining balance from .960 acre-feet of water originally set aside through a transfer of development rights for four vacant lots in Pescadero Canyon owned in 1998 by Tim Mallery but dedicated as permanent open-space. This water may be used for residential, multi-family residential, commercial or public use development as determined by Mallery provided that the project complies with all zoning and provided that the is located with the City limits. .109 af This category is for water pre-committed to the Forest Cottages Specific Plan for the creation of two low-income housing units. If this project is denied by the City Council or Coastal Commission or the project is not under construction by 13 February 2014 or is otherwise abandoned, the water shall return to Category #I. 3
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Category #7: Mallerv/Pescadero Water Transfer Reserve

Category #9: Forest Cottages Pre-commitment