SR 10-24-2023 8D
City Council
Report
City Council Meeting: October 24, 2023
Agenda Item: 8.D
1 of 6
To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Introduction and First Reading of Water and Wastewater Capacity Study
Ordinances
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemption pursuant to Section 15061 (b)(3) and
Section 15308 of the California Environmental Quality Act (CEQA) Guidelines.
2. Introduce for first reading the attached ordinance to amend Santa Monica
Municipal Code 7.12.180 to require water capacity studies for new
developments.
3. Introduce for first reading the attached ordinance to amend Santa Monica
Municipal Code 7.04 to require wastewater capacity studies for new
developments.
Summary
The City of Santa Monica’s Water Resources Division within the Public Works
Department operates and maintains an expansive domestic water and sanitary sewer
network that consists of over 200 miles of water mains and over 150 miles of
wastewater collection pipes that collectively serve over 93,000 residents and 2,700
businesses in the city. In its current configuration, the city’s water and wastewater
infrastructure may not be able to accommodate future high-density developments that
replace existing lower density land uses. To ensure reliable water and wastewater
services are maintained, water and wastewater capacity studies have been required by
the City for new developments to analyze the development’s impact and verify if those
impacts can be accommodated by the City’s water and wastewater infrastructure.
However, the City’s utility ordinances have not been updated since the 1990s and do
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not reflect the need for clarity as to the City’s utility review process for new
development, so that (i) developers can take into account adequate water and sewer
capacity to service their developments and impacts to all other properties that share
local infrastructure, and (ii) developers can have an opportunity early in the planning
and design process to understand the City’s level of service requirements and verify
available capacity to serve the development. Early input is critical due to the anticipated
increase in by-right Planning approvals for housing development, in accordance with
state housing laws and the City’s 6th Cycle Housing Element and implementing
ordinances. Staff therefore seeks to modify Santa Monica Municipal Code Chapter 7.12
and 7.04 to clarify requirements for conducting a water capacity study and wastewater
capacity study, respectively, for new developments.
Discussion
The City’s Water Resources Division is a retail water agency that provides potable and
recycled water throughout the city for single and multi-family residential, commercial,
and industrial uses, as well as landscape irrigation and fire protection. The Water
Resources Division is also responsible for all facilities that support the collection and
conveyance of wastewater for safe collection and final treatment at the City of Los
Angeles’s Hyperion Treatment Plant. The City’s water and wastewater infrastructure is
largely built-out, therefore, the domestic water supply and wastewater collection
infrastructure is already in place and generally fixed in nature. The City, to the extent
practical, will provide water and wastewater service when: 1) sufficient water supply and
distribution capacity and/or wastewater collection capacity is available to accommodate
the new development’s water and wastewater demand and 2) the proposed
development can be provided water and its wastewater can be safely collected in a
manner that meets the City’s requirements. Per state law, water and sewer service is
prioritized for new housing development over new commercial and industrial
development.
Water and wastewater capacity studies (Capacity Studies) are required for new
developments to analyze the development’s impact on the City’s water and wastewater
infrastructure and verify if the existing infrastructure can accommodate the proposed
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development. Development projects have the potential to overtax the City’s wastewater
and water systems, which could lead to sanitary sewer overflows and loss of pressure,
or even loss of supply, in the water distribution system. Capacity Studies are vital to
safeguard public health and maintain reliable service. The location and/or size of new
development determines if the new development is required to implement off-site
improvements (e.g., increasing the size of the wastewater collection pipe) to
accommodate the increased water and/or wastewater service from the new
development. This determination is based upon engineering hydraulic models and do
not involve subjective determination by the City (e.g., any contribution from new
development that would cause a sewer line to exceed 85% capacity during wet weather
flow or water pressure to be outside of the range of 40 to 100 psi). Because the
capacity determination is based upon locality and/or size of new development, it is
possible that even a small development could impact local infrastructure. The only way
to confirm available water/wastewater capacity to serve the development is to conduct a
Capacity Study.
Currently, the requirement to conduct Capacity Studies and consequential off-site
improvements is determined at the time of the Building Permit Plan Check when 100%
plans of the proposed development are submitted for review. This may potentially delay
the approval process as well as require additional design effort to incorporate off-site
improvements.
The proposed ordinance would support the new streamlined entitlement and Building
Permit Plan Check process by 1) determining if Capacity Studies are required before
the planning application is deemed complete by the City and 2) if deemed required, the
Capacity Studies and design of consequent off-site improvements to be completed
before building plans are submitted for Building Permit Plan Check. This process will
provide early determination, at the planning stage, if Capacity Studies are required for
the new development. The developer would have sufficient time to conduct the Capacity
Studies, confirm capacity and off-site improvements needed, and incorporate off-site
improvements in the development’s overall plans as it is being designed.
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Any local off-site improvements identified through the Capacity Studies are the
responsibility of the developer and are not covered by capital facility fees. Capital
facility fees (or capacity fees) are to ensure future customers, or existing customers
requesting additional service, would enter as equal participants as existing customers.
The capital facility fee is calculated based on existing assets and planned capital
improvements projects to maintain current level of service since the city’s
water/wastewater infrastructure is built-out. In other words, planned capital
improvements (e.g., replacing a 70 year old 8-inch water main with a new 8-inch water
main) are to maintain current level of service, or existing capacity, and not to increase
service capacity that is triggered by new developments. In the past five years, there
have only been two to three developments where off-site improvements have been
required (e.g., 710 Broadway development).
The City’s water neutrality fees are intended to ensure no net new water use by any
new development at the time a building permit is issued, but do not limit actual water
use and/or wastewater discharged after a new development has obtained a certificate
of occupancy. Furthermore, any water neutrality in-lieu fees are used to install water
efficiency fixtures throughout the City to offset the increase in water demand of the
development and do not correlate to impacts of new development on localized
infrastructure. Consequently, the City’s water neutrality ordinance, while serving to limit
increased water demand caused by new development, cannot be relied upon when
making a technical determination as to sufficient water or sewer capacity for new
development.
As a practical matter, a Capacity Study consists of data collected by monitoring water
pressure and wastewater flows in the existing infrastructure in the vicinity of new
proposed development as determined by Water Resources staff before new
development is constructed to understand the baseline capacity of that infrastructure
being used already.
Guidelines for the Capacity Studies will be published by the Water Resources Division
and posted on the City’s website.
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A proposed draft of SMMC 7.12.180 to require water capacity studies for new
developments is included in Attachment A.
A proposed draft of SMMC 7.04.880 to require wastewater capacity studies for new
developments is included in Attachment B.
Environmental Review
The ordinances to require water and wastewater capacity studies for new developments
are categorically exempt from the California Environmental Quality Act (CEQA)
pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines. The
ordinances are covered by the common sense exemption which states that CEQA does
not apply, “where it can be seen with certainty that there is no possibility that the activity
in question may have significant effect on the environment.” Section 15308 of the CEQA
Guidelines exempts actions taken by regulatory agencies, as authorized by state or
local ordinance, to assure the maintenance, restoration, enhancement, or protection of
the environment where the regulatory process involves procedures for protection of the
environment. The ordinance changes would establish requirements to conduct water
and wastewater capacity studies to ensure that existing water and wastewater
infrastructure would not be adversely impacted by new developments. Therefore, the
ordinances are exempt pursuant to Section 15061(b)(3) and Section 15308 of the
CEQA guidelines.
Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action. Staff will return to Council if specific budget actions are required
in the future.
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Prepared By: Dinaz Kureishy, Civil Engineering Assistant
Approved
Forwarded to Council
Attachments:
A. Written Comments
B. Draft Ordinance - SMMC 7.12.180 Water Capacity Study
C. Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study
D. PowerPoint Presentation
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1
Xavier Mota
From:Marc Verville <ml.verville@verizon.net>
Sent:Saturday, October 7, 2023 6:03 PM
To:Gleam Davis; Caroline Torosis; Jesse Zwick; Phil Brock; Oscar de la Torre; Christine Parra; Lana
Negrete
Cc:councilmtgitems
Subject:SMCC 10-10-2023 Item 10.D. - Introduction and First Reading of Water and Wastewater Capacity
Study Ordinances
EXTERNAL
Dear City Council,
The staff report for this item does not menƟon any process to incorporate pending state water
usage cutbacks that will be especially substanƟal in Southern California.
The AssociaƟon of California Water Agencies’ (ACWA) “Making ConservaƟon a California Way
of Life” (MCACWOL) program implemented under the 2018 statutes AB 1668 and SB 606,
would require urban retail water suppliers to meet an agency‐specific urban water use
objecƟve starƟng in 2025. In total, about 80% of water agencies in California will be forced to
cut back within the next 12 years, according to state esƟmates. It is esƟmated that larger
proporƟonal cuts will be required in Southern California, where a drier climate generally
yield greater water use. In some cases in the state, reducƟons of more than 50% will be
mandated by 2035.
This means that the City’s Water Neutrality ordinance will require ongoing adjustment to
account for the state‐mandated cuts. Cuts to Citywide usage to comply with the MCACWOL
program will severely restrict, if not eliminate, the amount of water available for incremental
new developments. And these cuts will be phased in over Ɵme, compounding the problem of
meeƟng the new lower standards as thousands of new housing units hit the city every
year. None of these issues are addressed in the staff report.
Moreover, the DraŌ Ordinance ‐ SMMC 7.04.880 Wastewater Capacity Study notes in §1.g.ii
ExempƟons that if the requirements would stop development, then it can be approved
regardless under “hardship”. This effecƟvely negates any developer restricƟons.
Since the city has not objected to the nominal RHNA allocaƟon of 8,895 units, and since an
overwhelming number of projects are being approved with an effecƟve 10% inclusionary rate,
the actual number of units being contemplated by the city is 50,000 or more. Water neutrality
will be impossible by definiƟon. ExisƟng residents will be required to substanƟally subsidize
development’s impact on water demands by even steeper cuts than the state mandates.
ITEM 10.D. October 10, 2023
ITEM 10.D. October 10, 2023
8.D.a
Packet Pg. 378 Attachment: Written Comments (6086 : Water and Wastewater Capacity Study Ordinance (20 mins))
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The absence of mechanisms in this item to address both the coming mandated state
reducƟons and the effecƟve number of units the city is effecƟvely approving makes no sense.
This item must be reworked to provide clarity on how these significant risk issues will be
addressed.
Respecƞully,
Marc Verville
Sunset Park
ITEM 10.D. October 10, 2023
ITEM 10.D. October 10, 2023
8.D.a
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City Council Meeting October 24, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 7.12.180 OF THE SANTA MONICA
MUNICIPAL CODE TO REQUIRE WATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is
a retail water agency that provides potable water for New Development, as well as
landscape irrigation and fire protection; and
WHEREAS, the City and its water infrastructure are largely built out, therefore, the
domestic water supply infrastructure is already in place and generally fixed in nature; and
WHEREAS, the City, to the extent practical, provides water service when sufficient
water supply and distribution capacity is available to accommodate demand approved
within the service area; and
WHEREAS, the City’s Water Resources seeks to amend this section of code to
require all New Development in the City to conduct a Water Capacity Study to confirm
that the available water infrastructure (e.g., the size of the water service laterals directly
serving the property or adjacent water mains) has sufficient capacity to deliver water to
the New Development or does not adversely impact existing users; identify what
additional infrastructure is needed to provide adequate service for the New Development;
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and ensure that the applicant for the New Development pays for the study as well as the
additional infrastructure, if needed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.12.180 is hereby amended to
read as follows:
7.12.180 Reserved Water Capacity Study Required for New Development.
(a) Applicability. Except as provided in subparagraph (g), below, an applicant
for New Development in the City shall conduct a Water Capacity Study to
determine whether and to what extent additional local off-site water
infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section,
New Development means any new construction with water fixtures; any
increase in gross floor area of an existing development with new water
fixtures; and any subdivision of land, including lot splits. Without limiting
the generality of the foregoing definition, new development includes the
addition of an accessory dwelling unit, as defined in Section 9.31.025, but
does not include the addition of a junior accessory dwelling unit, as
defined in Section 9.31.025;
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ii. “Adverse Impact” means the inability to provide adequate potable
water service due to the size of the existing infrastructure compared with
the demand for potable water service required to serve existing and/or
New Development.
iii. “Water Capacity Study” means a hydraulic analysis of the City’s water
distribution system to determine if the existing infrastructure could
maintain reliable service to the New Development or if off-site
improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Water Capacity Study for the New Development
shall be confirmed before the planning application, including but not
limited to Administrative Approval Application or application for
Development Review Permit, is deemed complete by the City. The Water
Capacity Study, if required, shall be completed based upon the guidelines
published by the City’s Water Resources Manager and posted on the
Water Resources Division website.
ii. If a Water Capacity Study is required for the New Development, the
capacity study, findings of the capacity study, and the plans for any local
off-site improvements required to serve the New Development shall be
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completed before building plans are submitted for Building Permit Plan
Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources
Manager or designee determines, based upon the Water Capacity Study
results, that additional off-site infrastructure is required to satisfy the
additional demand created by the New Development, then the applicant for
the New Development shall be required to construct off-site infrastructure
as necessary to accommodate the New Development. Required off-site
improvements shall be confirmed at the time of Building Permit Plan Check.
(e) The applicant for the New Development shall be responsible for paying all
administrative fees (e.g., Water Study Review Fee) incurred by the City to
review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the
New Development will cause or contribute to creation of an Adverse Impact
on the City’s water distribution infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New
Development from the requirements of this Section, upon showing by the
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applicant that the requirements of this Section would cause undue
hardship.
ii. For purposes herein, an “undue hardship” shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or New Development of all
economically beneficial use of that site or otherwise be prohibited by
applicable State or Federal law.
iii. An undue hardship application shall include all information necessary
for the Director to make a finding of undue hardship, including, but not
limited to, documentation showing the factual support for the claimed
undue hardship.
iv. The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
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this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
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City Council Meeting October 24, 2023 Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL
CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is
responsible for all facilities that support the collection and conveyance of wastewater for
safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out,
therefore, the wastewater collection infrastructure is already in place and generally fixed
in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service
when: 1) sufficient collection capacity is available to accommodate the demand
approved by the City’s Water Resources Division within the service area and 2) the
proposed development can be provided with wastewater collection services in a fashion
that meets the City’s criteria as well as the City of Los Angeles’ criteria; and
WHEREAS, the City currently collects and convey its wastewater to the City of
Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated
System; and
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WHEREAS, the City’s Water Resources Division seeks to add a new section of
code to require all new multi-family, mixed-use, institutional, and commercial
development in the City to conduct a wastewater capacity study to confirm available
capacity and identify local off-site water infrastructure improvements that the
applicant/developer is responsible for to serve the development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to read as
follows:
7.04.880 Wastewater Capacity Study Required for New Development.
(a) Applicability. Except as provided in subparagraph (g), below, an applicant
for New Development in the City shall conduct a Wastewater Capacity Study
to determine whether and to what extent additional local off-site wastewater
infrastructure improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this Section,
New Development means any new construction with water fixtures; any
increase in gross floor area of an existing development with new water
fixtures; and any subdivision of land, including lot splits. Without limiting
the generality of the foregoing definition, new development includes the
addition of an accessory dwelling unit, as defined in Section 9.31.025, but
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does not include the addition of a junior accessory dwelling unit, as
defined in Section 9.31.025;
ii. “Adverse Impact” means the inability to provide adequate wastewater
collection service due to the size of the existing infrastructure compared
with the demand for wastewater service required to serve existing and/or
New Development.
iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s
wastewater collection system to determine if the existing infrastructure
could maintain reliable service to the New Development or if off-site
improvements are required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New
Development shall be confirmed before the planning application,
including but not limited to Administrative Approval Application or
application for Development Review Permit, is deemed complete by the
City. The Wastewater Capacity Study, if required, shall be completed
based upon the guidelines published by the City’s Water Resources
Manager and posted on the Water Resources Division website.
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ii. If a Wastewater Capacity Study is required for the New Development,
the capacity study, findings of the capacity study, and the plans for any
local off-site improvements required to serve the New Development shall
be completed before building plans are submitted for Building Permit
Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources
Manager or designee determines, based upon the Wastewater Capacity
Study results, that additional off-site infrastructure is required to satisfy the
additional demand created by the New Development, then the applicant for
the New Development shall be required to construct off-site infrastructure
as necessary to accommodate the New Development. Required off-site
improvements shall be confirmed at the time of Building Permit Plan Check.
(e) The applicant for the New Development shall be responsible for paying all
administrative fees (e.g., Sewer Study Review Fee) incurred by the City to
review the Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the
New Development will cause or contribute to creation of an Adverse Impact
on the City’s wastewater collection infrastructure.
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(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or New
Development from the requirements of this Section, upon showing by the
applicant that the requirements of this Section would cause undue
hardship.
ii. For purposes herein, an “undue hardship” shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or New Development of all
economically beneficial use of that site or otherwise be prohibited by
applicable State or Federal law.
iii. An undue hardship application shall include all information necessary
for the Director to make a finding of undue hardship, including, but not
limited to, documentation showing the factual support for the claimed
undue hardship.
iv. The Director may approve the undue hardship exemption application,
in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
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SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council hereby declares that it would have passed
this Ordinance and each and every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage
of this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
8.D.c
Packet Pg. 391 Attachment: Draft Ordinance - SMMC 7.04.880 Wastewater Capacity Study (6086 : Water and Wastewater Capacity Study Ordinance (20 mins))
Item 8.D Water and Wastewater Capacity Study Ordinance
10/24/2023
8.D.d
Packet Pg. 392 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Intent of Water/WW Capacity Study Ordinance
•Ensure water and wastewater infrastructure could provide reliable
service and not overburdened
•Existing infrastructure is built out and may not be sufficient for high density
developments
•Overtaxing existing infrastructure could lead to sanitary sewer overflows and
loss of water pressure/supply
•Streamline and provide clarity for water/wastewater capacity studies
•Provide up front determination if a capacity study is necessary
•Provide developers with sufficient time to design local off-site improvements
before Plan Check
8.D.d
Packet Pg. 393 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Current Process for Water/WW Capacity Determination
Permitting
City Building Permit Plan Check
Entitlement
Application
submittal
Planning
City Planning, Building and Safety and
Engineering Division
Various City Departmental Reviews
Engineering Division
•Engineering & Street Services•Administrative Fee and Services
•Water Resources – Checklist that Water/WW Capacity Study may be necessary
•Resource Recovery and Recycling
•Landscape
Entitlement Approval by City
City Building
Permit
Application and Plan Check Review
Permit for
Construction
Engineering Division
•100% Plans to confirm land use
•Water Neutrality
•Determination of Water and Wastewater Capacity Study
•Confirm capacity and off-site improvements
•Design off-site improvements
for plan check
Developer
begin design
and prepare 100% plans
8.D.d
Packet Pg. 394 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Streamlined Process w/Proposed Ordinance
Permitting
City Building Permit Plan Check
Entitlement
Application
submittal
Planning
City Planning, Building and Safety and
Engineering Division
Various City
Departmental Reviews
Water Resources Division
•Determination of Water and Wastewater Capacity Study
Entitlement Approval by City
City Building Permit
Application
and Plan
Check Review
Permit for
Construction
Developer begin design
and prepare
100% plans
Water Resources Division
•Conduct capacity study
•Confirm capacity and off-site improvements
•Design off-site improvements for plan check
Engineering Division
•100% Plans to confirm land use and off-site design
•Water Neutrality
•Determination of Water and
Wastewater Capacity Study
•Confirm capacity and off-site improvements
•Design off-site improvements for plan check
8.D.d
Packet Pg. 395 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Ordinance Development Timeline
June 2023 July 27,
2023
July 31,
2023
Public
Outreach
Meeting
Provide Draft
Ordinance for
Public Input
Last Day for
Public
Comment
Oct 10,
2023
First Reading of
Ordinance at City
Council Meeting
August 14,
2023
Oct 24,
2023
Second Reading of
Ordinance at City
Council Meeting
8.D.d
Packet Pg. 396 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
6
Water Capacity Study Ordinance
SMMC 7.12.180
8.D.d
Packet Pg. 397 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Water Capacity Study Ordinance (7.12.180)
a)Applicability
b)Definitions
c)Timing for Submittal of Study.
i.Determination if a Water Capacity Study is required for
planning application to be deemed complete. Not to
conduct or perform the capacity study.
ii.If a capacity study is required, it would be conducted
before Building Permit Plan Check.
•Complete capacity study
•Confirm available capacity and if off-site improvements
are required
•If off-site improvements are required, developer shall
prepare plans for Building Permit Plan Check
8.D.d
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Water Capacity Study Ordinance (7.12.180)
(d)Requirements for Off-Site Improvements.
•Additional off-site improvements are the responsibility of the
developer to accommodate the increase in service for the New
Development
•Required off-site improvements will be confirmed at the time of
Building Permit Plan Check
8.D.d
Packet Pg. 399 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Water Capacity Study Ordinance (7.12.180)
(e) The applicant for the New Development shall be responsible for
paying all administrative fees (e.g., Water Study Review Fee) incurred by
the City to review the Water Capacity Study.
(f) The Water Resources Manager may refuse water service in areas
where the New Development will cause or contribute to creation of an
Adverse Impact on the City’s water distribution infrastructure.
(g) Exemptions.
i. Undue hardship
8.D.d
Packet Pg. 400 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
10
Wastewater Capacity Study Ordinance
SMMC 7.04.880
8.D.d
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Wastewater Capacity Study Ordinance (7.04.880)
•Similar language as Water Capacity Study Ordinance
•New developments, in most cases, impacts the City’s wastewater infrastructure more than water infrastructure
•Only 2-3 instances in the past five years where local off-site improvements were required for wastewater infrastructure
8.D.d
Packet Pg. 402 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Example of Off-Site Improvements (710 Broadway)
8-inch sewer line was relocated and increased
to 12-inch sewer line by Developer based on
increase in service required
8.D.d
Packet Pg. 403 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Recommended Action
1%
•Adopt a finding of Categorical Exemption pursuant to Section
15061 (b)(3) and Section 15308 of the California Environmental
Quality Act (CEQA) Guidelines.
•Introduce first reading of the ordinance to amend SMMC 7.12.180
to require water capacity studies for new developments
•Introduce first reading of the ordinance to amend SMMC 7.04.880
to require wastewater capacity studies for new developments
8.D.d
Packet Pg. 404 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
THANK YOU…
8.D.d
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Is Local Off-Site Improvements Covered by Capital Facility Fees?
•No, local off-site improvements are not covered by the
capital facility fee and is the responsibility of the developer
•Capital facility fee (or capacity fees) ensures future
customers, or existing customers requesting additional
service, would enter as equal participants as existing
customers
•Capital facility fee is based on existing assets and planned
capital improvement projects to maintain current level of
service
8.D.d
Packet Pg. 406 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study
Water and WW Capacity Study Procedures
1.Developer submits project description to Water Resources
•Land use in the development (e.g., number of floors, number of units for each use, building area, etc.)
•Projected water demand and projected wastewater generation
2.Water Resources review project description to determine if a capacity study is needed or not
3.If a capacity study is required, the applicant shall follow the general guidelines published by the Water Resources Division (e.g., hydrants to be flow tested or manholes to be flow monitored).
4.Upon completion of the study, Water Resources will review results and determine if off-site improvements are required.
5.Once the study or studies are complete and approved by the Water Resources Manager or designee, the completed studies will be valid for 180 days.
8.D.d
Packet Pg. 407 Attachment: PowerPoint Presentation (6086 : Water and Wastewater Capacity Study