At its November 10, 2009 meeting, the Arroyo Grande City Council enacted an interim moratorium on new water meters. After 45 days, the council will hear from staff more about the issues and expect to extend the moratorium at least 6 months. According to staff reports, Arroyo Grande citizens used 99% of their total water entitlement in 2008 and the aquifer is threatened with seawater intrusion. They’ve instituted mandatory conservation and are talking to other communities to ensure they have contingencies in place if they run out of water.
The AG moratorium is not the same as Cambria’s. The moratorium instituted by the Cambria Community Services District relies on Water Code section 350 of California law. Arroyo Grande’s moratorium is based on an entirely different law (section 65858), which allows for an immediate moratorium on new building. Specifically, the law states a city can adopt
an urgency measure an interim ordinance prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission or the planning department is considering or studying or intends to study within a reasonable time. That urgency measure shall require a four-fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the interim ordinance for one year. Any extension shall also require a four-fifths vote for adoption. Not more than two extensions may be adopted.
This is a finite moratorium with a defined and limited length meant to address development that conflicts with the plans for the community. The City of Arroyo Grande has authority over land use and building permits as well as development of a general plan, specific plans and zoning. Cambria’s land use authority, with authority over development, general and specific plans is the County Government.
Fortunately for Arroyo Grande, it is in the process of updating their housing element and the conservation element of their general plans. Otherwise they might be subject to a moratorium of unknown and undefined length, like Cambria.
A press release from the AG city manager is included below.
More valuable than a gallon of gas? Say YES! with a small donation today.Due to issues related to Arroyo Grande’s water supply, at the November 10, 2009 meeting, the Arroyo Grande City Council unanimously adopted an Interim Urgency Ordinance establishing a 45-day moratorium on the approval of development projects. The City is in the process of updating the Conservation Element of its General Plan. The moratorium will enable the City to address water supply issues and tasks necessary to complete the update.
The purpose of the moratorium is to provide the City the time necessary to:
• Develop a short-term plan to address potential seawater intrusion in the groundwater supply;
• Develop updated long-term water supply and demand projections taking into account projects that have submitted applications and those already approved and not yet constructed;
• Establish requirements on new development to mitigate water usage;
• Make decisions regarding future water supply alternatives;
• Incorporate comprehensive water supply strategies into the Conservation Element; and
• Obtain public input regarding these decisions.
The City anticipates the need to extend the moratorium for a period of up to six months in order to complete these tasks.
The City’s water supply has been an ongoing serious concern and issue. Mandatory conservation measures and a comprehensive incentive program have been in place since 2008 when the City utilized 99% of its water supply. While conservation efforts have been effective, concerns remain regarding the City’s ability to meet future water demand with existing resources. These concerns have been heightened recently by groundwater test results that indicate the potential for seawater intrusion. If left unchecked, seawater intrusion could threaten the region’s groundwater supply, which provides over a third of the City’s overall water supply.
The moratorium applies to all new development project applications that will require a new water service connection. Projects that have already received approvals or those with applications that have been accepted for processing and deemed complete are exempt. Projects that will utilize an existing water meeting are also not impacted by the moratorium. During the moratorium period, other project applications will be accepted and processed, but not approved.
According to City Manager Steven Adams, “The groundwater test results are very preliminary. We encourage everyone to avoid overreacting, but we also must take the situation seriously. The moratorium enables the City to effectively develop water supply strategies without having to respond to a moving target with regard to additional demand. We expect it to be completed in a
timely manner. However, there are no easy solutions. Whether we can rely solely on conservation efforts or rate adjustments become necessary to fund water supply projects, residents will be impacted and need to be involved in this issue. Whether or not the test results are confirmed, the seawater intrusion findings highlight how vulnerable our water supply is given the lack of adequate excess resources that are available to the City.”
