Item 8.D Water and Wastewater
Capacity Study Ordinance
10/24/2023
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
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
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
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
6 Water
Capacity
Study
Ordinance
SMMC 7.12.180
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
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
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
10 Wastewater
Capacity Study
Ordinance
SMMC 7.04.880
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 offsite improvements were required for wastewater infrastructure
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
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 THANK YOU…
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
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.