AgdaPkt 2007-02-26 - Laserfiche WebLink

Browse Search

8A Page 6 2. BACKGROUND State Laws During 2001, the California Legislature enacted two laws - SB 610 (Costa) and SB 221 (Kuehl) - each designed to achieve greater coordination during the land use planning process between water suppliers and local land use agencies when considering certain large-scale development projects. SB 610 requires preparation of a WSA for any development whose approval is subject to the California Environmental Quality Act (CEQA) and which meets the definition of "project" in Water Code Section 10912 - Le., residential development projects of more than 500 dwelling units or other types of developments (e.g., hotels and motels, commercial buildings, industrial parks, etc.) using a comparable amount of water. The WSA must describe the proposed project's water demand over a 20-year period, identify the sources of water available to meet that demand and include an assessment of whether or not those water supplies are, or will be, sufficient to meet the demand for water associated with the proposed project, in addition to the demand of existing customers and other planned future development. The available water supply must be based on three water supply scenarios: normal year, single dry year, and multiple dry years. If the conclusion is that water supplies are or will be insufficient, then the WSA is to describe plans (if any) for acquiring additional water supplies, and the measures that are being undertaken to acquire and develop those supplies. SB 221 is similar in many respects to SB 610. However, it applies only to residential projects of 500 units or more and requires the land use planning agency to include as a condition of approval of a tentative map, parcel map or development agreement a requirement that "sufficient water supply" be available. Proof of a sufficient water supply must be based on a written verification from the public water system that will serve the development. Thus, the WSA required by SB 610 is to be prepared sufficiently early in the development review process that it can be incorporated in the CEQA evaluation and documentation of the project. In the case of a project that will require an Environmental Impact Report (EIR), the WSA should be available before the Draft EIR is released for public comment. SB 221, by contrast, becomes operative at the point that the City is considering approval of a tentative subdivision map. The City's Roles and Responsibilities Under S8 610 Both SB 610 and SB 221 were drafted on the assumption that the land use planning agency (Le., the city or county) is not the water supplier for the proposed project. The statutes thus identify distinct duties on the city/county and on the water supplier - which is assumed to be an entirely separate agency. In the case of Redwood City, this assumption is not applicable since the City performs both roles. However, the statute's terminology, while awkward, can be adapted to the City's situation relatively easily. The "City," as that term is used in the statute, means the components of city government that have responsibilities for the land use decision process. At the staff level, in Redwood City this is the Community Development Services Department, Planning and Redevelopment Division. Page 3 of 10