San Clemente Municipal Code Ch. 13.20 Water Allocation Permit Program

The City hereby determines that there is seven hundred thousand (700,000) gallons per day ("GPDs") of water available to support the issuance of new development permits.

(Prior code § 32D-1)

The seven hundred thousand (700,000) GPDs of water capable of supporting the issuance of new development permits shall be allocated among the following development categories in their corresponding percentages:

(Prior code § 32D-2)

The following categories of development projects shall be presumed to use the corresponding amount of water:

(Prior code § 32D-3)

No building permit shall be issued to any development project within the City without first obtaining a water allocation permit. For the purpose of this chapter, "development project" shall mean any project undertaken for the purpose of development including, but not limited to, the construction of commercial, industrial and residential structures as well as new parks and landscaped slopes. The above notwithstanding, the term "development project" shall not mean building additions, accessory buildings or structures, or tenant improvements unless the City demonstrates that such additions or improvements are likely to exceed the existing structures prior water usage by twenty-five (25) percent or more.

(Prior code § 32D-4)

Water allocation permits shall be issued for the purpose of permitting new development at such a rate so that the water demanded by new development does not exceed the City's existing water supply based upon current calculations of available water. The issuance of a water allocation permit does not guarantee that any specific quantity of water will be available at any given time.

(Prior code § 32D-5)

All projects for which a water allocation permit is required shall complete the water allocation permit application on the form provided by the Department of Community Development. The application shall include the following: The completed application form signed by at least one (1) of the property owners or his or her authorized agent attesting to the truthfulness and correctness of all the information supplied therein; a copy of the official set of plans for the development project reflecting the approval stamps of all requisite City departments; and the water allocation permit filing fee as established by resolution of the City Council.

(Prior code § 32D-6)

Upon filing, each water allocation permit application shall be given a sequential number showing the order in which the application was received vis-a-vis other applications in the particular development category. Within thirty (30) days of receipt of the water allocation permit application, the City shall determine whether the application is complete. All incomplete applications shall be returned to the applicant with a written explanation of the reason the application was deemed incomplete. All incomplete applications shall lose the priority established by the original filing. Water allocation permits shall be issued in the order that applications are received for each category of development as reflected by the sequential number assigned to the application upon filing. Water allocation permits shall cease to be issued when ninety (90) percent of the water capacity committed to a particular development category has been fully allocated.

(Prior code § 32D-7)

Water allocation permits shall expire if the development project for which the permit was issued has not been commenced within one hundred eighty (180) days from the date the permit was issued, or if the work on the development project is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days or more. Any person holding an unexpired water allocation permit may apply for one (1) extension of the time within which he or she may commence or recommence work on the development project for which the water allocation permit was issued. Such an extension shall not exceed an additional one hundred eighty (180) days. No water allocation permit shall be extended more than once. Any person wishing to develop a project with an expired water allocation permit shall be required to file a new water allocation permit application and shall lose all priority granted by the expired water allocation permit.

(Prior code § 32D-8)

The City Utilities Manager shall act as the water allocation permit agent. He or she shall develop and maintain a record which shall indicate both the approximate quantity of water available to support the issuance of new development permits and how much of that water has been allocated through the issuance of water allocation permits. He or she shall monitor the unallocated amount of water available to support the issuance of new development permits and inform the City Manager when water allocation permits have been issued for seventy-five (75) percent of that quantity. He or she shall cease issuing water allocation permits when he or she determines that water allocation permits have been issued for ninety (90) percent of the water available to support the issuance of new development permits for the development category of the proposed project.

(Prior code § 32D-9)