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HomeMy WebLinkAbout032211 - Agenda Packet 032211 CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, March 22, 2011 City Hall Council Chambers 6907 El Camino Real, Atascadero, California Community Redevelopment Agency Meeting: 6:00 P.M. City Council Regular Session: Immediately following the conclusion of the Community Redevelopment Agency meeting REDEVELOPMENT AGENCY: 6:00 P.M. REGULAR SESSION – CALL TO ORDER: Immediately following the conclusion of the Community Redevelopment Agency meeting PLEDGE OF ALLEGIANCE: Mayor Pro Tem Kelley ROLL CALL: Mayor O’Malley Mayor Pro Tem Kelley Council Member Clay Council Member Fonzi Council Member Sturtevant APPROVAL OF AGENDA: Roll Call PRESENTATIONS: 1. Recognition to Outgoing Planning Commissioner Heather Moreno 2. Commendation to Police Department Dispatcher Rebecca Romero for her role in the capture of a homicide suspect A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1. City Council Draft Action Minutes – February 8, 2011  Recommendation: Council approve the City Council Draft Action Minutes of February 8, 2011. [City Clerk] 2. City Council Draft Action Minutes – February 22, 2011  Recommendation: Council approve the City Council Draft Action Minutes of February 22, 2011. [City Clerk] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) B. PUBLIC HEARINGS: None. C. MANAGEMENT REPORTS: 1. Central Coast Regional Water Quality Control Board Basin Plan Septic System Amendments  Fiscal Impact: Total costs are unknown at this time. Total and ongoing costs will depend on the level of detail required in our Onsite Wastewater Management Plan. Potential financial impacts could be in excess of $500,000 over three to five years initially, with ongoing staffing cost indefinitely.  Recommendation: Council direct staff to submit comments on the Central Coast Water Quality Control Board’s Draft Resolution R3 -2011- 0004; Amendment to the Water Quality Control Plan, Central Coast Basin, regarding onsite wastewater system implementation program. [Public Works] 2. Historic City Hall Project Additional Alternates  Fiscal Impact: None at this time.  Recommendation: Council give Staff direction by providing a priority ranking of the attached List of Alternates for the Historic City Hall Project. [Administrative Services] 3. Housing Element Annual Progress Report 2010 (PLN 2006-1133)  Fiscal Impact: None.  Recommendation: Planning Commission recommends the City Council: Direct staff to submit the attached 2010 Housing Element Annual Progress Report to the State of California Department of Housing and Community Development. [Community Development] COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor O’Malley 1. City / Schools Committee 2. County Mayors Round Table 3. Integrated Waste Management Authority (IWMA) 4. League of California Cities – CITIPAC Board Member 5. SLO Council of Governments (SLOCOG) 6. SLO Regional Transit Authority (SLORTA) Mayor Pro Tem Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. City of Atascadero Design Review Committee 4. City of Atascadero Finance Committee 5. Economic Vitality Corporation, Board of Directors (EVC) 6. Homeless Services Oversight Council Council Member Fonzi 1. Air Pollution Control District 2. City of Atascadero Design Review Committee 3. City of Atascadero Finance Committee 4. SLO Local Agency Formation Commission (LAFCo) - alternate Council Member Sturtevant 1. City / Schools Committee 2. Community Action Partnership of SLO County 3. League of California Cities – Council Liaison E. INDIVIDUAL DETERMINATION AND / OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the March 22, 2011 Regular Session of the Atascadero City Council was posted on March 15, 2011, at the Atascadero City Hall, 6907 El Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 15th day of March, 2011, at Atascadero, California. ___________________________________ Victoria Randall, Deputy City Clerk City of Atascadero City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are videotaped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “COMMUNITY FORUM”, the Mayor will call for anyone from the audience having business with the Council to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Mayor and Council. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present This is the time items not on the Agenda may be brought to the Council’s attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 3 minutes If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereaft er, no further public comments will be heard by the Council. ITEM NUMBER: C - 1 DATE: 03/22/11 r; 1918 1878 \ATA'�ran 0% Atascadero City Council Staff Report — Public Works Department Central Coast Regional Water Quality Control Board Basin Plan Septic System Amendments RECOMMENDATION: Council direct staff to submit comments on the Central Coast Water Quality Control Board's Draft Resolution R3-2011-0004; Amendment to the Water Quality Control Plan, Central Coast Basin, regarding onsite wastewater system implementation program. REPORT-IN-BRIEF: The City of Atascadero regulates the installation of septic systems based on the requirements set forth in the Central Coast Regional Water Quality Control Board (Water Board) Basin Plan Resolution 83-12 approved by the State in 1983. Additionally the Water Board adopted a "General Waiver of Waste Discharge Requirements" that empowers the City to independently review and approve septic system installations (based on compliance with Resolution 83-12) without individual State waste discharge permits being issued on every project utilizing septic systems. This arrangement has been successfully functioning for the past 28 years. The Water Board is now in the process of making changes to those septic system rules and regulations with a series of amendments to the Basin Plan, the first in May 2008, and then again in March 2009. The City has steadfastly opposed certain portions of the proposed amendments, and submitted comments and attended each hearing. Unfortunately, none of the City's concerns and previous comments were incorporated by the local Water Board into the approved amendments. The local Water Board submitted the 2008 and 2009 amendments to the Basin Plan to the State Water Resources Control Board for review and final approval as required prior to the changes going into effect. The State Water Resources Control Board staff subsequently had concerns with the Water Board's modifications, and the Water Board withdrew the changes for further refinement of the document. The Water Board has subsequently revised its septic system rules and regulations, and has now prepared ITEM NUMBER: C - 1 DATE: 03/22/11 Resolution R3-2011-0004. This resolution will be considered by the Water Board at its May 9, 2011 meeting. The Water Board staff report characterizes the latest changes as "minor," intended to primarily help clarify and reorganize the 2009 Implementation Plan amendments. It further states that "Staff does not propose that the Water Board revisit the Basin Plan criteria for onsite systems in its entirety as the public has had several opportunities to comment the 2008 and 2009 amendments." City staff previously provided Regional Board staff with comments objecting to a number of new and changed requirements that were unfunded mandates and may result in potential costs to property owners. Staff's prior comments are included in Attachment C. The comments in Attachment C remain in the record and will be provided to the State Water Board should the Water Board adopt this current amended resolution. City staff will submit new comments included in Attachment B, including other City Council comments or concerns as directed. DISCUSSION: The following is an overall timeline of some of the Basin Plan update process: Event Date Water Board staff release draft Basin Plan February 22, 2008 language. City staff provides comments to the Water April 14, 2008 Board on the proposed changes. Mayor requests additional time for input into April 25, 2008 septic system requirements. Water Board adopts an amendment to the Basin Plan changing the criteria for onsite May 9, 2008 septic systems. City provides comments at the public meeting. Water Board sends draft language to the State Water Board for review and approval. June 2008 State Water Board starts its review process of the Basin Plan language. June 2008 City staff is directed by Council to review and comment on any State Water Board action. The State Water Board was anticipating a October 14, 2008 State Water Board hearing on November 18, 2008. The Water Board Executive Officer requests that State Water Board withdraw the November 7, 2008 consideration of the Basin Plan amendments until a later date. ITEM NUMBER: C - 1 DATE: 03/22/11 The City Council and Planning Commission hold a joint informational session regarding the November 12, 2008 Water Board's proposed Basin Plan Amendments. Water Board adopts an implementation program for the Basin Plan criteria adopted in March 20, 2009 May 2008. City provides comments at the public meeting Water Board staff re-issue Basin Plan amendments addressing State Water Board February 1, 2011 concerns. The Water Board hearing will only focus on the new amendments. Comment Period Closes March 25, 2011 Proposed amended Basin Plan adoption date May 5, 2011 Background: The Central Coast Regional Water Quality Control Board is a State Government Agency that is responsible for protecting surface and groundwater quality in the six counties stretching from Santa Barbara to southern Santa Clara County. The Water Board is part of the State Water Resources Control Board' and California Environmental Protection Agency. The Regional Board was formed in 1949 to regulate wastewater discharges from industrial and municipal treatment plants. The idea was to create a local version of a State agency that would make better decisions than a body located in Sacramento. The Regional Board consists of nine individuals from the six county areas. Regional Board members are appointed by the Governor to staggered four-year terms. The appointees are all volunteers and are required to have knowledge regarding water quality issues. Individual members represent constituents such as water quality, water supply, local government, recreation, fish or wildlife and others. Information on the current local Regional Board members may be viewed at: http://www.waterboards.ca.gov/centralcoast/about us/board members.shtml In 1969 the Porter Cologne Water Quality Acte expanded the Regional Board's authority to protect all ground and surface waters. This authority includes the ability to levee significant fines on polluters and establish water quality objectives as part of a Regional Water Quality Control Plan (Basin Plan.) The Basin Plan is developed by the Regional Board to describe the requirements3 that are needed in order to protect ground and The State Water Resources Control Board provides administrative support and appellate oversight for the State's nine Regional Water Boards. 2 The Porter Cologne Water Quality Act is the governing State law for water quality protection in California and can be found at: http://www.swrcb.ca.gov/1aws_reguIations/docs/portercologne.pdf 3 Water quality objectives are established to protect the beneficial uses of State waters. This means that when an entity discharges treated wastewater to an aquifer or stream there will be specific pollutant levels that cannot be exceeded. For example, the City is allowed to discharge wastewater to percolation ponds ITEM NUMBER: C - 1 DATE: 03/22/11 surface water quality in the Regional Board's jurisdiction. The Basin Plan includes requirements and goals for septic systems, wastewater discharges, landfills and storm water systems. The Regional Board recently amended the Basin Plan's onsite wastewater (septic system) treatment requirements on May 9, 2008, and adopted an implementation program on March 25, 2009. The Water Board subsequently sent the amended Basin Plan language to the State Water Board for review and approval. However, the State Water Board did not approve the changes and instead remanded the Basin Plan changes back to the Water Board for revision. Water Board staff recently released the amended language for public comment (see Attachment A.) The public comment period ends on March 25, 2011, and City staff has prepared draft comments for submittal (see Attachment B.) The amended Basin Plan language is not significantly changed from previous versions. Issues such as requiring two acres for second units, development of septic system management plans and unfunded requirements remain in the draft resolution. The amended State septic system rules and regulations still require the City to: 1) Sign a Memorandum of Understanding with the Regional Board in order to allow the City to regulate septic systems in Atascadero, 2) Develop and implement a Septic System Management Plan, and 3) Update the Municipal Code to align our regulations with the Water Board's recent changes. The Septic System Management Plan would include provisions that would be financially infeasible for the City to achieve (without developing new revenue sources to offset increased costs), including- 1) ncluding:1) Agency "identify' and "address" areas of potential groundwater and or surface water that may be degraded by septic systems (i.e. groundwater and surface water testing, monitoring and potential treatment program. The language is vague and open to wide interpretation.) 2) Verification that existing and proposed systems are constructed and maintained in accordance with State standards 3) Develop and implement an on-going public information program on proper maintenance and operation of septic systems 4) Obtain, store and maintain availability of as-built construction plans for septic systems installed within the City 5) Record notices of septic system related enforcement actions against properties The proposed regulations still include 2008 / 2009 provisions that would significantly increase development costs for housing within the City, including: close to the Salinas River. The City is allowed to only release a set concentration of salts in order to protect the use of the aquifer. The current beneficial uses of the Atascadero groundwater subbasin are municipal, industrial and agricultural uses. ITEM NUMBER: C - 1 DATE: 03/22/11 1) Prohibition of secondary residences on parcels under 2-acres 2) Installation of 100% expansion area, and reserve room for an additional 100% expansion 3) Prohibition of self-regenerating water softeners Lastly, the Water Board will only be considering the current amendments to the previously adopted resolution. Therefore, the City will still need to comment on and attend any future State Water Board action should this amended resolution be adopted by the local Water Board. Summary: City staff previously provided Regional Board staff with comments objecting to a number of new and changed requirements that were unfunded mandates and may result in potential costs to property owners. Staff's prior comments are included in Attachment C. The comments in Attachment C remain in the record and will be provided to the State Water Board should the Water Board adopt this current amended resolution. City staff will submit the comments included in Attachment B, including other City Council comments or concerns as directed. Analysis: The amended Basin Plan changes will likely have a significant impact on City finances, staff resources and will require changes in the Municipal Code. The main issues include: • The requirement that the City sign a Memorandum of Understanding (MOU) with the Regional Board for septic system oversight • The requirements to develop, gain approval for and implementation of, a Septic System Management Plan • Changing the Municipal Code to comply with the new second unit and other Basin Plan changes. Conclusion: City staff will closely monitor this issue and will be prepared to comment on the final Water Board Resolution proposed for the May 9, 2011 Water Board meeting in San Luis Obispo. In addition, staff will continue to monitor this issue at the State Water Board level if the revisions are adopted in May and sent on to the State Water Board. The Council has previously directed staff to comment to the State Water Board when this issue arises. City staff will continue to keep the City Council informed of future events. ITEM NUMBER: C - 1 DATE: 03/22/11 FISCAL IMPACT: Total costs are unknown at this time. Total and ongoing costs will depend on the level of detail required in our Onsite Wastewater Management Plan. Potential financial impacts could be in excess of $500,000 over three to five years initially, with ongoing staffing cost indefinitely. The City does have the option to forego regulation of septic systems in Atascadero by not signing an MOU with the Regional Board. Regulation of septic systems would revert back to the Regional Board. This means that this option would have to be carefully weighed vs. the benefit of being able to regulate septic systems locally. ALTERNATIVES: The City Council can direct staff to not submit comments to the Water Board. ATTACHMENTS: A. Water Board May 5, 2011 Staff Report with Exhibits B. Basin Plan Amendment Draft Response February 17, 2011 C. Staff's April 7, 2008 Comments Attachment A STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL COAST REGION STAFF REPORT FOR REGULAR MEETING OF MAY 5, 2011 Prepared on January 27, 2011 ITEM NUMBER: SUBJECT: Resolution No. R3-2011-0004; Amendment to the Water Quality Control Plan, Central Coast Basin, regarding onsite wastewater system implementation program KEY INFORMATION Location: Throughout the Central Coast Region Type of Waste: Domestic wastewater discharged from individual and community onsite wastewater systems This Action: Adoption of Resolution No. R3-2011-0004(revising Basin Plan and amendments adopted in 2008 and 2009) SUMMARY Historically, discharges from conventional onsite wastewater disposal systems (onsite systems) have been regulated by local governing jurisdictions (cities and counties) that implemented local requirements and the criteria for onsite systems set forth in the Regional Water Quality Control Board, Central Coast Region's (Central Coast Water Board or Water Board) Water Quality Control Plan, Central Coast Basin (Basin Plan). The Central Coast Water Board had also adopted a general waiver of waste discharge requirements (General Waiver) for onsite systems, where such systems were regulated by local agencies. The Water Board entered into multi-agency memoranda of understanding (MOUs) governing regulation of onsite systems, and local permitting agencies implemented criteria for onsite systems through their own permits. Pursuant to Water Code §13269(b)(2), the Central Coast Water Board's General Waiver expired on June 30, 2004. Since expiration of the General Waiver, discharges from onsite systems have not been formally authorized by the Central Coast Water Board as required by the California Water Code. Due in part to this lack of regulatory oversight, consistent compliance with Basin Plan criteria is sporadic and there is little (if any) monitoring of onsite system performance or water quality impacts from onsite disposal. To address requirements of the California Water Code, the Central Coast Water Board, on May 9, 2008, adopted an amendment to the Basin Plan that updated and clarified criteria for onsite systems (Resolution No. R3-2008-0005). To ensure compliance with the California Water Code, the Central Coast Water Board, on March 20, 2009, adopted an additional Basin Plan amendment establishing an Implementation Program as a conditional waiver of waste discharge requirements for onsite systems that meet Basin Plan criteria for siting, design, construction, and management. The Implementation Program establishes regulatory oversight, management, and monitoring of onsite systems in a manner that is clear, streamlined and protective of water quality. Attachment A Item No. -2- draft for May 5,2011 Basin Plan amendments adopted by the Central Coast Water Board do not become final until they have been reviewed and approved by the State Water Board and the Office of Administrative Law(OAL). During their review of the 2008 and 2009 amendments, State Water Board staff noted that revisions were necessary to further clarify the amendments. This proposed Basin Plan amendment (Resolution No. R3-2011-0004) addresses each of the issues identified by State Water Board staff. This agenda item proposes revisions to the amendments adopted by the Central Coast Water Board on May 9, 2008, and March 20, 2009, and is not intended to include reconsideration of the entire section. Proposed revisions are identified by underlining (additions) and strike-out (deletions). Updating the Basin Plan requirements for onsite systems will complete a Triennial Review list priority task which has been backlogged for many years. DISCUSSION Background — Persons who discharge waste that could affect the quality of the state, including discharges from onsite wastewater systems, are required to submit a report of waste discharge (application) under California Water Code section 13260 and obtain waste discharge requirements or a waiver of waste discharge requirements. California Water Code section 13263 authorizes the Water Boards to issue waste discharge requirements. Section 13269 of the California Water Code authorizes the Central Coast Water Board to waive the issuance of waste discharge requirements and the requirement to submit a report of waste discharge, provided such waivers are conditional, do not exceed five years, are consistent with applicable state or regional water quality control plans, and are in the public interest. The Central Coast Water Board encourages direct regulation of onsite systems by an authorized and qualified local agency, where such a policy is mutually beneficial. To facilitate direct regulation, the Water Board enters into MOUs with local agencies that appropriately regulate onsite system siting, design, construction, monitoring and performance, in accordance with criteria specified in the Basin Plan. The MOUs provide for local regulation of the Central Coast Water Board's implementation program with respect to onsite systems. On June 30, 2004, the waiver for onsite system discharges expired (in accordance with California Water Code §13269), leaving no Water Board regulation of most onsite system discharges within the Region. Expiration of the waiver left onsite systems subject to individual waste discharge requirements, a cumbersome and redundant manner of regulatory oversight. Accordingly, the Central Coast Water Board's onsite system General Waiver and implementing MOUs needed to be revised and updated. On May 9, 2008, the Central Coast Water Board adopted an amendment to the Basin Plan that updated, clarified and strengthened criteria for onsite systems (Resolution No. R3-2008-0005). On March 20, 2009, the Water Board adopted an additional Basin Plan amendment establishing an Implementation Program as a conditional waiver of waste discharge requirements for onsite systems that meet Basin Plan criteria for siting, design, construction, and management (Resolution No. R3-2009-0012). Further information regarding the 2008 and 2009 amendments is available for reference at: http://www.waterboards.ca.gov/centralcoasVwater issues/programs/septics/index.shtml Attachment A Item No. -3- draft for May 5,2011 During their review of these amendments, State Water Board staff identified revisions and clarifications needed prior to State Water Board approval. The Central Coast Water Board staff have revised the 2008 and 2009 amendments to address the State Board staff recommendations and the corresponding revisions are incorporated into the proposed amendment, Resolution No. R3-2011-0004. Proposed Resolution - Resolution No. R3-2011-0004 (Attachment 1 to this staff report) adopts a revised Implementation Program into the Basin Plan under Water Code section 13242 that conditionally waives waste discharge requirements for discharges from onsite systems and authorizes the Water Board's Executive Officer to enroll and terminate enrollment in the Conditional Waiver. The proposed Implementation Program also would waive the requirement to submit reports of waste discharge for existing and certain new onsite wastewater systems. Proposed revisions are identified by underlining (additions) and strike-out (deletions). The Implementation Program has been reorganized in the Basin Plan with few substantive revisions. The reorganization and revisions are intended to clarify the criteria and conditions for dischargers to qualify for a waiver of waste discharge requirements and to ensure consistency in terminology, applicable dates, and Implementation Program components. Staff does not propose that the Water Board revisit the Basin Plan criteria for onsite systems in its entirety as the public has had several opportunities to comment on the 2008 and 2009 amendments. The record for this action to amend the Basin Plan will be consolidated with the records for the May 2008 and March 2009 amendments for State Water Board review and approval. Interested persons will not need to resubmit comments on the parts of the amendment that are unchanged from the May 2008 and March 2009 amendments. Proposed Resolution No. R3-2011-0004 amends the Basin Plan onsite wastewater system criteria and implementation program in two ways. First, sections are reorganized so that the implementation program (formerly Section VIII.D.3) is brought forward to the beginning of the onsite section (VIII.D.1). Second, increased detail is incorporated into the text to clarify terms, implementation practices, and requirements. Specific revisions are described below and highlighted (with underline and strikeout) on Attachment A of the proposed Resolution No. R3-2011-0004. Section VIII.D. (beginning on Page 1 of Attachment A) — Definitions are added and/or expanded to clarifying text in the following sections. Section VIII.D.1. (beginning on Page 2) — The Implementation Program is relocated from VIII.D.3 to Section VIII.D.1 and background information regarding the Water Board's expired onsite wastewater system waiver policy is added. Much of the added background information previously appeared in the Staff Report for Resolution 83-2009- 0012.The section is relocated and renumbered. Section VIII.D.1.a. (Page 5) — To increase clarity of the Implementation Program, the eligibility criteria and conditions for enrollment of existing onsite systems under the conditional waiver of waste discharge requirements and reports of waste discharge are more clearly identified. The proposed amendment continues the conditional waiver of waste discharge requirements and reports of waste discharge for existing onsite systems that are regulated by the local governing jurisdiction, and clarifies each condition to ensure that local regulation of existing onsite systems (and replacements of such systems) is consistent with Basin Plan requirements. Recommendations are carried over from the 2009 amendment, with editorial revisions to be sure optional Attachment A Item No. -4- draft for May 5,2011 (rather than mandatory) language is used for such recommendations. Specific section numbers are listed to clarify referenced Basin Plan criteria. Section VIII.D.i.b. (beginning on Page 6)—Similarly (to the revisions described above), the eligibility criteria and conditions for enrollment in the waiver for new onsite systems regulated directly by the Water Board is clarified.Much of the added language previously appeared in the Staff Report for Resolution R3-2009-0012. The section is relocated and renumbered. Section VIII.D.1.c. (beginning on Page 7) — Clarifying language is added regarding eligibility criteria, conditions and prohibitions for waiver of waste discharge requirements for onsite systems regulated by local governing jurisdictions. Revised language of these criteria, conditions and prohibitions is carried over from the Staff Report for Resolution No. R3-2009-0012, carried over from existing Water Code regulations, or added to clarify Basin Plan sections referenced.The section is relocated and renumbered. Section VIII.D.2. (Page 8)—Section relocated and renumbered accordingly. Section VIII.D.2.a.(beginning on Page 8)—Clarifying language is added and the section is relocated and renumbered. Section VIII.D.2.b. (beginning on Page 9)—This section is relocated, renumbered and expanded with additional detail regarding onsite wastewater management plan content. Onsite wastewater management plans implemented by local governing jurisdictions are key to effective implementation of this conditional waiver for onsite systems, and ultimately water quality protection. This section describes the purpose and goals of comprehensive onsite management plans, consolidates plan components from other sections of the Basin Plan criteria, and adds detail regarding existing onsite management plan requirements. Section VIII.D.2.c.(Page 11)—Section relocated and renumbered only. Section VIII.D.3. (Page 11)—Section relocated and renumbered with minor edits. Section VIII.D.3.a. (beginning on Page 11) — Section relocated and renumbered with minor edits. Section VIII.D.3.b. (beginning on Page 13) — Section relocated and renumbered with minor edits. Section VIII.D.3.c.(Page 15)—Section relocated and renumbered with minor edits. Section VIII.D.3.d.(beginning on Page 15)—Section relocated and renumbered only. Section VIII.D.3.e.(Page 16)—Section relocated and renumbered with minor edits. Section VIII.D.3.f. (beginning on Page 16)— Section is relocated and renumbered with minor edits. The term "salts minimization plan" is replaced with "onsite wastewater management plan" as salts is likely to be a component issue of the broader management plan. It should be noted that in many areas, local governing jurisdictions will be taking a lead role in developing basin-wide salts and nutrient management plans Attachment A Item No. -4 draft for May 5,2011 (rather than mandatory) language is used for such recommendations. Specific section numbers are listed to clarify referenced Basin Plan criteria. Section VIII.D.1.b. (beginning on Page 6)—Similarly (to the revisions described above), the eligibility criteria and conditions for enrollment in the waiver for new onsite systems regulated directly by the Water Board is clarified. Much of the added language previously appeared in the Staff Report for Resolution R3-2009-0012. The section is relocated and renumbered. Section VIII.D.1.c. (beginning on Page 7) — Clarifying language is added regarding eligibility criteria, conditions and prohibitions for waiver of waste discharge requirements for onsite systems regulated by local governing jurisdictions. Revised language of these criteria, conditions and prohibitions is carried over from the Staff Report for Resolution No. R3-2009-0012, carried over from existing Water Code regulations, or added to clarify Basin Plan sections referenced.The section is relocated and renumbered. Section VIII.D.2. (Page 8)—Section relocated and renumbered accordingly. Section VIII.D.2.a. (beginning on Page 8)—Clarifying language is added and the section is relocated and renumbered. Section VIII.D.2.b. (beginning on Page 9) —This section is relocated, renumbered and expanded with additional detail regarding onsite wastewater management plan content. Onsite wastewater management plans implemented by local governing jurisdictions are key to effective implementation of this conditional waiver for onsite systems, and ultimately water quality protection. This section describes the purpose and goals of comprehensive onsite management plans, consolidates plan components from other sections of the Basin Plan criteria, and adds detail regarding existing onsite management plan requirements. Section VIII.D.2.c. (Page 11)—Section relocated and renumbered only. Section VIII.D.3. (Page 11)—Section relocated and renumbered with minor edits. Section VIII.D.3.a. (beginning on Page 11) — Section relocated and renumbered with minor edits. Section VIII.D.3.b. (beginning on Page 13) — Section relocated and renumbered with minor edits. Section VIII.D.3.c. (Page 15)—Section relocated and renumbered with minor edits. Section VIII.D.3.d. (beginning on Page 15)—Section relocated and renumbered only. Section VIII.D.3.e. (Page 16)—Section relocated and renumbered with minor edits. Section VIII.D.3.f. (beginning on Page 16)— Section is relocated and renumbered with minor edits. The term "salts minimization plan" is replaced with "onsite wastewater management plan" as salts is likely to be a component issue of the broader management plan. It should be noted that in many areas, local governing jurisdictions will be taking a lead role in developing basin-wide salts and nutrient management plans Attachment A Item No. -5- draft for May 5,2011 required by the State Water Board's 2009 Recycled Water Policy. If onsite wastewater systems are identified as a potential source of excess salts discharges, specific measures to reduce such discharges will be incorporated into those basin-wide plans. Section VIII.D.3.g. (Page 17)—Renumbered only. Section VIII.D.3.h. (beginning on Page 17)—Renumbered with minor edits. In addition to the revisions described above, several sections refer to approval of an onsite wastewater management plan or granting exemptions by the Central Coast Water Board or its Executive Officer. In each instance, "or its Executive Officer"is deleted. ENVIRONMENTAL SUMMARY The proposed action is the adoption of a Basin Plan amendment to add an Onsite Wastewater System Implementation Program. The amendment consists of revisions to the Implementation Program adopted in Resolution No. R3-2009-0012. Summary of public participation; project scoping pursuant to the California Environmental Quality Act (CEQA) (California Public Resources Code §21083.9(a)(2); and evaluation of project alternatives is included in the Staff Report for Resolution No. R3-2009-0012. The Staff Report for Resolution No. R3-2009-0012 is available at: http://www.waterboards.ca.gov/centralcoast/board info/agendas/2009/mar/item 18/inde x.shtml The Central Coast Water Board is the lead agency with respect to CEQA.The Secretary of Resources has certified the basin planning process as exempt from the CEQA requirement to prepare an environmental impact report or negative declaration. (PRC 21080.5; Cal. Code Regs., tit. 14, §15251(g)). The State Water Board has adopted regulations to implement certified regulatory programs that require the regional boards to prepare substitute environmental documents, including a written report and an accompanying CEQA Environmental Checklist. (Cal. Code Regs., tit. 23, §3775 et seq.) The staff of the Central Coast Water Board prepared substitute environmental documents for Resolution No. R3-2008-0005 and Resolution No. R3-2009-0012. Consistent with CEQA Guidelines section 15162, the Central Coast Water Board is not required to prepare a subsequent or supplemental CEQA document because the revisions proposed in this action do not constitute substantial changes from the previously approved projects, do not involve new information, and would not result in any new or more significant environmental effects than those reviewed in the previous CEQA substitute environmental documents. (Cal. Code Regs. tit. 14, § 15162, subd. (a).) This action today revises previously adopted Basin Plan amendments by reorganizing and clarifying, without significant substantive changes. The Substitute Environmental Documents for this action consist of: • CEQA Reports for Basin Plan Amendments Regarding Onsite Wastewater Systems (Resolution No. R3-2008-0005 and No. R3-2009-0012), including associated CEQA Environmental Checklists • Staff Reports for Resolution No. R3-2008-0005 and No. R3-2009-0012; including Supplemental Staff Reports, Comments and Response to Comments Attachment A Item No. -6- draft for May 5,2011 • Resolution No. R3-2008-0005 and No. R3-2009-0012, including Basin Plan amendments adopted therein • Staff Report for Resolution No. R3-2011-0004(this staff report), including Comments and Response to Comments • Resolution No. R3-2011-0004, including Basin Plan amendments adopted therein A Notice of Public Hearing, draft staff report, resolution, and text of proposed revisions to the Basin Plan were circulated to known interested parties throughout the Central Coast Region and posted on the Central Coast Water Board's website. Public comments regarding the proposed revisions the onsite Implementation Program, and associated Water Board staff responses, are addressed below. COMMENTS and RESPONSE TO COMMENTS (pending) RECOMMENDATION Adopt Resolution No. R3-2011-0004 as proposed and direct the Executive Officer to forward the resolution and corresponding administrative record to the State Water Board for review and approval. ATTACHMENTS 1. Proposed Resolution No. R3-2011-0004 with Attachment A. Revised Basin Plan Chapter 4(onsite sections only) 2. Notice of Public Hearing 3. Comment letters(pending) SAWO Control Planning\Onsite\2011 Revisions\2011 amendment staff report.doc ATTACHMENT 1 STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL COAST REGION 895 Aerovista Place, Suite 101 San Luis Obispo, CA 93401 DRAFT RESOLUTION No. 133-2011-0004 AMENDING THE WATER QUALITY CONTROL PLAN REGARDING THE ONSITE WASTEWATER SYSTEM IMPLEMENTATION PROGRAM WHEREAS, the California Regional Water Quality Control Board, Central Coast Region (hereafter Central Coast Water Board) finds: 1. The Central Coast Water Board adopted the second edition of the Water Quality Control Plan, Central Coastal Basin (Basin Plan) on September 8, 1994. The Basin Plan designates beneficial uses and water quality objectives, implementation programs for achieving water quality objectives addressing point source and nonpoint source discharges, adopts prohibitions, and incorporates statewide plans and policies. 2. The Basin Plan contains an implementation program setting forth criteria regarding siting and design of onsite wastewater systems. The Central Coast Water Board updated its policy regarding siting and design of onsite wastewater systems on September 16, 1983, by adopting Resolution No. 83-12. The text and requirements specified in Resolution No. 83-12 are included in the Basin Plan as provisions of Chapters 4 and 5. 3. On May 9, 2008, the Central Coast Water Board adopted Resolution No. 83-2008- 0005, revising the Basin Plan onsite wastewater system criteria. On March 20, 2009, the Central Coast Water Board adopted Resolution No. R3-2009-0012, revising the Basin Plan onsite implementation program and adopting minor revisions to the onsite wastewater criteria set forth in Resolution No. R3-2008-0005. This Resolution, No. R3-2011-0004, revises the Basin Plan amendments (Resolution No. R3-2008-0005 and Resolution No. R3-2009-0012) with clarifying language and reorganized and renumbered sections. The text and requirements specified in Resolution No. R3- 2008-0005, Resolution No. R3-2009-0012 and Resolution No. R3-2011-0004, as amended with these revisions, will be incorporated into the Basin Plan after review and approval by the State Water Resources Control Board and the Office of Administrative Law. 4. Section VIII.D.1. of the Basin Plan, as amended by this Resolution, specifies the criteria, conditions, recommendations, and prohibitions of discharges that onsite wastewater systems must meet to be eligible for waivers described in the implementation program. These discharges will not have a significant effect on the quality of waters of the State provided the conditions of the Basin Plan criteria and implementation program are met. 5. Area of Applicability - The effect of this amendment will be throughout the Central Coast Region, where onsite systems are used to treat and dispose of wastewater. Resolution No. R3-2011-0004 2 draft for May 5, 2011 6. Anti-Degradation — State Water Board Resolution No. 68-16 Statement of Policy with Respect to Maintaining High Quality of Waters in California (Resolution No. 68-16) requires Regional Water Boards, in regulating the discharge of waste, to maintain high quality waters of the State until it is demonstrated that any change in quality will be consistent with maximum benefit to the people of the State, will not unreasonably affect beneficial uses, and will not result in water quality less than that described in a Regional Water Board's policies (e.g., quality that exceeds applicable water quality standards). Resolution No. 68-16 also states, in part: Any activity which produces or may produce a waste or increased volume or concentration of waste and which discharges or proposes to discharge to existing high quality waters will be required to meet waste discharge requirements which will result in best practicable treatment and control of the discharge necessary to assure that (a) a pollution or nuisance will not occur and (b) the highest water quality consistent with maximum benefit to the people of the State will be maintained. The Basin Plan implementation program revised by this Resolution is consistent with the provisions of the State Water Board Resolution No. 68-16. Dischargers that could be subject to the conditional waiver established in the implementation program will be required to comply with the Basin Plan criteria that are expected to prevent degradation of waters of the state, prevent pollution or nuisance, and implement best practicable treatment or control. The Basin Plan implementation program prohibits systems that do not meet the criteria. 7. CEQA — The Central Coast Water Board is the lead agency with respect to the California Environmental Quality Act (CEQA). The Secretary of Resources has certified the basin planning process as exempt from the CEQA requirement to prepare an environmental impact report or negative declaration. [PRC 21080.5; Cal. Code Regs., tit. 14, §15251(g)]. The State Water Resources Control Board (State Water Board) has adopted regulations to implement certified regulatory programs that require the regional boards to prepare substitute environmental documents, including a written report and an accompanying CEQA Environmental Checklist. (Cal. Code Regs., tit. 23, §3775 et seq.) The staff of the Central Coast Water Board prepared substitute environmental documents for Resolution No. R3-2008-0005 and Resolution No. R3-2009-0012. Consistent with CEQA Guidelines section 15162, the Central Coast Water Board is not required to prepare a subsequent or supplemental CEQA document because the revisions proposed in this action do not constitute substantial changes from the previously approved projects, do not involve new information, and would not result in any new or more significant environmental effects than those reviewed in the previous CEQA substitute environmental documents. [Cal. Code Regs. tit. 14, § 15162, subd. (a).] This action today revises previously adopted Basin Plan amendments by reorganizing and clarifying, without making significant substantive changes. The substitute environmental documents for this Basin Plan amendment have been made available to the public. The Central Coast Water Board finds that the proposed amendments to the Basin Plan will not have a significant effect on the environment. 8. Public Notice - Interested persons and the public have been informed of the Central Coast Water Board's intent to revise the Basin Plan Implementation Program for onsite wastewater systems. Efforts to inform the public and solicit public comment include a public notice of the amendments providing the public with a comment ATTACHMENT 1 Resolution No. 133-2011-0004 3 draft for May 5, 2011 period in excess of 45 days in advance of the Central Coast Water Board hearing. Notice of public hearing was given by posting on the Water Board website, by mailing a copy of the notice to all persons requesting such notice and applicable government agencies. The Central Coast Water Board has provided responses to written comments received from interested persons. 9. On May 5, 2011, the Central Coast Water Board held a public hearing and considered all the evidence and comments concerning this matter. Notice of this hearing was given to all interested persons in accordance with CCR, Title 14, §15072. 10. The Basin Plan amendment must be submitted for review and approval by the State Water Resources Control Board (State Board) and the State Office of Administrative Law (OAL). The Basin Plan amendment will become effective upon approval by OAL. The subject Resolution will become effective immediately. THEREFORE, BE IT RESOLVED that: 1. Pursuant to California Water Code §13240, the Water Board, after considering the record, including oral testimony at the hearing, hereby adopts the Basin Plan amendment set forth in Attachment A to this Resolution adopting an implementation program that conditionally waives waste discharge requirements and submittal of reports of waste discharge for onsite wastewater systems. 2. The Central Coast Water Board's Executive Officer is directed to forward copies of the Basin Plan amendment to the State Water Board in accordance with the requirements of California Water Code §13245. 3. The Central Coast Water Board requests the State Water Board approve the Basin Plan amendments in accordance with requirements of California Water Code §13245 and §13246, and forward it to OAL for approval. The State Water Board, on behalf of the Central Coast Water Board, shall file a Notice of Decision with the Secretary of Resources and the Governor's Office of Planning and Research (State Clearinghouse) after approval by OAL. 4. If, during its approval process, the State Water Board or OAL determines that minor, non-substantive corrections to the language of the amendment are needed for clarity or consistency, the Central Coast Water Board Executive Officer may make such changes, and shall inform the Central Coast Water Board of any such changes. I, Roger W. Briggs, Executive Officer of the California Regional Water Quality Control Board, Central Coast Region, do hereby certify that the foregoing is a full, true, and correct copy of a resolution adopted by the California Regional Water Quality Control Board, Central Coast Region, on May 5, 2011. Executive Officer Attachment: A. Revised Basin Plan Chapter 4 (onsite sections only) SAWQ Control Planning\Onsite\2011 Revisions\2011-0004 draft resolution.doc ATTACHMENT 1 ATTACHMENT A CHAPTER4. IMPLEMENTATION PLAN Alternative onsite system consists of additional VIII.D. INDIVIDUAL, (beyond conventional) treatment and/or disposal ALTERNATIVE AND features engineered to overcome site constraints. COMMUNITY ONSITE A conventional onsite system that requires a pump to reach the leach area is not considered WASTEWATER SYSTEMS "alternative". Application area shall be calculated no greater Onsite wastewater systems may be used to treat than the trench bottom and side walls below the and dispose of wastewater from: (1) individual bottom of the leach pipe, minus the first foot on residences; (2) multi-unit residences; (3) institutions each side. In seepage pits the application area or places of commerce; (4) industrial sanitary refers to the total gravel depth in a seepage pit, sources; and (5) small communities. All individual minus any impervious, bedrock or clay lenses and multi-unit residential, commercial, institutional encountered in the sidewalls. and industrial developments with a discharge flow rate less than 2,500 gallons per day and community At-grade disposal systems consist of distribution systems not regulated by waste discharge pipe and bed at the native ground surface level and requirements must comply with these criteria. cover provided by filled material. At-grade disposal Community systems are defined for the purposes of systems are similar to mound systems without the this Basin Plan as: (1) residential wastewater sand layer. treatment systems serving more than 5 units or more than 5 parcels; or (2) commercial, institutional Certified professional is a person who or industrial systems treating sanitary wastewater demonstrates special qualifications (through equal to or greater than 2,500 gallons per day education, experience, exam, etc.) needed to (average daily flow). successfully perform the task at hand. Conventional onsite wastewater systems consist of Conventional onsite system consists of a septic septic tanks and leachfield or seepage pits and are tank and leachfield or seepage pit. typically designed to treat and dispose of domestic wastewater. Alternatives to conventional onsite Detrimental Water Quality Impact is any system designs are used when site constraints significant increase in waste concentrations or prevent the use of conventional systems. impairment of beneficial uses of a water body. Examples of alternative systems include (but are not limited to) enhanced treatment systems, mound Discharger is the owner and/or operator of an or evapotranspiration disposal systems, or at-grade onsite wastewater system. disposal systems. Drainfield is used interchangeably with leachfield, Conventional, alternative and community systems leach area or disposal area. can pose serious water quality problems if improperly designed, installed, and/or managed. Effective trench depth means depth below the Failures have occurred in the past and are usually bottom of the leach trench distribution piping minus attributed to the following: the first foot. • Systems are inadequately or improperly sited, Engineered systems are treatment and disposal designed, or constructed. systems that require special design features to Lon term use is not considered. overcome site limitations (topography, soil • Long conditions, shallow groundwater or setback • Inadequate operation and maintenance. variances). Existing onsite system is any onsite system The following definitions are used throughout this approved and/or installed prior to adoption of these section of the Water Quality Control Plan. criteria on MarGh 20, 20^9(OAL approval dateL Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 2 Failed or failing onsite system is any system that Reservoir - A pond, lake, basin, or other space displays symptoms of inadequate dispersion, either natural or created in whole or in part by the treatment or assimilation of wastewater. These building of engineering structures, which is used for may include, but are not limited to, surfacing storage, regulation, and control of drinking supply effluent, lush growth above the leach area, sluggish water. house drains, impacts to surface or groundwater from the onsite discharge, odors, frequent pumping, Septage is material removed from a septic tank; or backflow into tank when pumped. Standard usually the accumulated scum, sludge and liquid pumping frequency is recommended every five within the tank. years unless system-specific characteristics support an alternative frequency. Sidewall is the side portion of the leach area below the bottom of the distribution piping, or total gravel Fill is material deposited to raise the existing or depth beneath the first hole in the central pipe of a excavated ground level. seepage pit. Inflow and infiltration refers to non-wastewater Threatened condition is one that if left (stormwater, groundwater, streams, seawater) uncorrected may cause or contribute to water entering the wastewater system through cracks, quality or public health impacts. roof drains or other openings. Watercourse - A natural or man-made channel for Low permeability material is defined as having a passage of water. There must be a stream, usually percolation rate slower than 120 minutes per inch or flowing in a particular direction (though it need not having a clay content (% passing 200 sieve) of 60 flow continuously) usually discharging into some percent or greater. stream or body of water. Local governing jurisdiction shall refer to the VIII.D.31. ONSITE SYSTEM local governing jurisdiction, typically city or county, _ vested with legislative authority for onsite IMPLEMENTATION PROGRAM wastewater system permitting. Monitoring shall refer to any sort of quality or California Water Code §13260(a) requires that any performance assessment, including visual person discharging waste or proposing to discharge inspections. waste that could affect the quality of the waters of the State, shall file with the appropriate Regional New onsite system is an onsite wastewater Board a report of waste discharge, unless the system placed on property that has not previously Regional Board waives such requirement. been developed, or expansion of an existing onsite system to accommodate an increase in wastewater California Water Code §13263 requires the generation, after adoption of these criteria (MarEh Regional Board to prescribe waste discharge 20, 2809 OAL approval date). Repair or requirements, or waive waste discharge replacement of an existing onsite system does not requirements, for the discharge. The waste constitute a new onsite system. discharge requirements must implement relevant water quality control plans and the Water Code. Onsite disposal area shall include the direct application area (trench, pit, bed) and surrounding California Water Code §13269 authorizes the 100' radius from any point in the application area Central Coast Water Board to waive the submittal that may be influenced by discharge from the of reports of waste discharge and waste discharge disposal system. requirements for specific types of discharges where such a waiver is consistent with applicable state ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. 133-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 3 and regional water quality control plans and is in the wastewater systems covered by these renewed public interest. conditional waivers are: individual residences, multi-unit residences, institutions or places of California Water Code §13269 requires that waivers commerce, industrial sanitary sources, and small shall be conditional and may be terminated at any community systems not regulated by waste time by the Central Coast Water Board. Waivers discharge requirements. may be granted for discharges of waste to land, but may not be granted for discharges of waste subject The Central Coast Water Board finds that the this to the NPDES requirements of the federal Clean Conditional Waivers set forth in this Implementation Water Act. The waiver must also include Program comply with Water Code $13269, are +s in monitoring unless the Regional Board determines the public interest, and are This Conditional Waiver that the discharges do not pose a significant threat ^^^+-ai^S ^A—nditi^^S -And- is consistent with the Basin to water quality. Plan because: On April 15, 1983, the Central Coast Water Board 1. Waivers granted for discharges that do not pose adopted a waiver of waste discharge requirements a significant threat to water quality enable staff for onsite systems thatwas incorporated into the resources to be used effectively and avoid Basin Plan. (1983 Waiver). That 1983 Waiver unnecessary expenditures of limited resources. waived the requirements to submit a report of waste discharge and obtain waste discharge requirements 2. It was adopted in compliance with Water Code for individual sewage disposal systems and for ReAtieps §13242 and §13269 and other sanitary waste disposal from certain small applicable law. community, institutional, commercial, and industrial facilities if the systems met certain specified 3. It requires compliance with the Basin Plan. conditions. In summary, the systems were required to meet standard criteria of the governing local 4. It includes conditions that are intended to jurisdiction that is implementing the Basin Plan reduce and prevent pollution and nuisance and requirements pursuant to a memorandum of protect the beneficial uses of the waters of the understanding with the Water Board or was an State. individual prosect that complies with the Basin Plan. On January 1, 2003, the 1983 Waivers terminated 5. Dischargers may not discharge any waste not by operation of law due to an amendment to Water specifically regulated by this Conditional Waiver Code §13269. Since termination of the 1983 except in compliance with the Water Code. Waiver, the Central Coast Water Board has been developing revised Basin Plan criteria and a 6. Dischargers who violate the conditions of this renewed conditional waiver of waste discharge Conditional Waiver are subject to enforcement requirements. Onsite wastewater systems have pursuant to Water Code seetien §13350 and continued to be permitted by local governing other applicable law. jurisdictions consistent with the 1983 Waiver and the Basin Plan criteria and some have been subject 7. The discharges from onsite wastewater systems to individual waste discharge requirements or all discharge the same type of waste. waivers issued by the Central Coast Water Board. n+ 8. It provides a method for coordinating regulation nm�,,�m� This section of the Basin Plan ,� sets with local governing jurisdictions that routinely forth an revised Implementation Program for onsite permit and oversee onsite wastewater systems, wastewater systems to ensure protection of waters thereby reducing overlapping regulation. of the state, including criteria and as a conditional waivers of waste discharge requirements and It is appropriate to regulate onsite wastewater reports of waste discharge requirements for existing systems by way of a Conditional Waiver rather than and new onsite wastewater systems. Onsite with individual waste discharge requirements ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 113-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 4 because there are over 100,000 discharges of the order to be substantially equivalent to the Basin listed categories. Issuing individual waste Plan. If and when statewide criteria are adopted discharge requirements to each of those would use pursuant to California Water Code §13291, this significant staff resources and is not necessary in Basin Plan section and the memoranda of most circumstances because such systems are understanding will be reviewed to determine if they regulated by local governing jurisdictions. The need to be modified. Individual memoranda of conditions imposed in this Conditional Waiver will understanding shall incorporate additional be protective of waters of the state. This measures to be taken by the local governing Conditional Waiver will simplify and streamline the jurisdiction to identify and address areas of regulatory process without compromising the degraded groundwater or surface water quality, protection of water quality. where onsite wastewater systems are a potential source of pollution. Although a discharge may qualify for waiver enrollment, the Central Coast Water Board retains This Implementation Program sets forth twe-types the right to regulate that discharge through other Of ondnt'onal waiversinr the regulation of onsite programs or Central Coast Water Board actions wastewater systems. (1) a conditional waiver of the (such as enforcement orders, individual waste requirement to submit reports of waste discharge discharge requirements, general orders). The and to obtain waste discharge requirements for Central Coast Water Board may terminate a existing onsite systems regulated under the 1983 discharger's enrollment in a waiver at any time and Waivers, (2) a conditional waiver of the require the discharge to obtain waste discharge requirement to obtain waste discharge requirements or terminate the discharge. requirements, but not the requirement to submit Dischargers not eligible for the Conditional Waiver reports of waste discharges, for those systems must apply for waste discharge requirements or regulated directly by the Central Coast Water waiver of waste discharge requirements in Board, and (3) a conditional waiver of the accordance with Water Code §13260. requirements to submit reports of waste discharge and obtain waste discharge requirements for those Local governing jurisdictions also regulate onsite systems that are regulated by local governing systems. The Central Coast Water Board and local jurisdictions that comply with the conditions of this governing jurisdictions typically coordinate the section. SestlenWl' n, D.3-aeendi+, ,ona;iywaiv regulation of onsite systems. Appropriately wOaste d+SGhargeT 1eq�,rem s, "�E)t FepEs�f developed and implemented memoranda of waste—diSGhages, fere systern6 regulated understanding between the Central Coast Water d+reEtly byh-�CGtral GA-ast I^la+or Sep- Board esBoard and local governing jurisdiction (e.g., VIII.D.3.b Gonditionally waives waste i6GhaW counties and cities) provide practical and requiFeme.nts and- Feperts of waste d'SGha enforceable tools to compel compliance with the those systems that aro regulated by IGGal governing Basin Plan criteria for onsite systems and ensure „Yrisdin+inno that ..,,F„ni„ ,^,i+h the nnnrli+inns of +hio water Quality protection. seGtio . The Central Coast Water Board's FEw^^ii+ive Offs^^r In compliance with Water Code §13269, the is authorized to may approve and execute, on conditional waivers set forth in this Basin Plan shall behalf of the Central Coast Water Board, individual expire five years after (OAL approval date) and may memoranda of understanding with local governing be renewed. jurisdiction in the Region based substantially on the requirements specified in Chapter 4, Section VIII.D VIII.D.1.a. CONDITIONAL WAIVER FOR of the Basin Plan (sections pertaining to onsite EXISTING ONSITE WASTEWATER wastewater systems). Individual memoranda of understanding shall commit the local governing SYSTEMS jurisdiction to amending its municipal code and onsite wastewater system program, if necessary, in ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 5 The Central Coast Water Board waives the tests are performed in accordance with requirement to submit reports of waste discharge standard procedures. asSOGmated fee and obtain waste discharge requirements to +"-�eG-e-ntr-al-Cosi Bard a d b. Ensures proper system siting (VIII.D.3.a.), tO resenv^ enrollment nGtWGa inn for those onsite design (VIII.D.3.b.), construction wastewater systems that existed as of (OAL (VIII.D.3.d.), and installation for repairs and approval date) that meet all the eligibility criteria and replacements.=and comply with the conditions set forth below regulated by a- Iaeal governing Ghon,-provided the c. Adequately informs property owners fEAG ORg GA—A iti.,no are Met regarding proper installation (of repairs and replacement), operation and ongoing As set forth in this Implementation Program, the maintenance of their onsite wastewater Water Board expects that local governing systems. jurisdictions will continue to directly regulate most existing onsite wastewater systems. The Water CONDITIONS Board will continue to take direct action as appropriate to protect water quality, including Dischargers to existing systems shall comply with enforcement actions and requiring submittal of the following conditions. reports of waste discharge requirements, and/or issuance of individual waste discharge 1. Properly operate and maintain the onsite requirements or conditional waivers. system to prevent failure. ELIGIBILITY CRITERIA 2. Notify the local governing jurisdiction of system failures. 1. The onsite wastewater system existed as of [OAL approval datel. 3. Seek appropriate permits regarding repairs and replacements of failing systems. 2. The onsite wastewater system is installed at an individual residence, multi-unit residence, 4. Ensure that repairs and replacements comply institution or place of commerce, industrial with the Criteria for New Systems (Section sanitary source, or small community not VIII.D.>>) to the greatest extent practicable. regulated by waste discharge requirements. 5. Manage and maintain the onsite wastewater 3. The onsite wastewater system was required to system in a manner consistent with the Water meet the standard criteria of the local governing Board or Water Beard—€xeGUtive—OffTcer- jurisdiction that was implementing the Basin approved onsite management plan Plan criteria or the onsite wastewater system implemented by the local governing jurisdiction. complied with the Basin Plan consistent with the 1983 Waiver. The rangy wastewater RECOMMENDATIONS :system is managed and maintained iR a manger Eens4sten+ with the Water Board or The Water Board expects that: management nlplemented by the i^^ai 1. Local governing jurisdictions may oaa use staff GT1T�fl inspectors or individuals under contract with the local government. A standard detailed checklist 4. The local governing jurisdiction takes the should s4a4 be completed by the inspector to following actions: verify the onsite wastewater system was constructed in conformance with the Basin Plan a. Ensures site suitability tests are performed and local governing jurisdiction requirements. prior to repairs and replacements, and that ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 6 2. Property owners should be made aware of the conditions provided the following Genditions are nature and requirements of their onsite Met. wastewater system. ELIGIBILITY CRITERIA 3. Prospective property buyers should be informed For an onsite wastewater system to be eligible for a of any enforcement action affecting parcels or conditional waiver of waste discharge requirements: houses they wish to buy. Local governing jurisdictions should ensure the terms of the 1. The onsite wastewater system is installed at an enforcement action are entered into the county individual residence, multi-unit residence, record for each affected parcel. When a institution or place of commerce, industrial prospective buyer conducts a title search, terms sanitary source, or small community not of the enforcement action would appear in the regulated by waste discharge requirements. preliminary title report. 2. The discharger receives enrollment notification 4. All onsite wastewater system owners should from the Executive Officer. Reed to be aware of proper operation and maintenance procedures. Local governing CONDITIONS jurisdictions should shall mount a continuing public education program to provide home 1. The onsite wastewater system is sited owners with onsite wastewater system (VIII.D.3.a.), designed (VIII.D.3.b.), constructed operation and maintenance guidelines. Basin (VIII.D.3.d.) managed and maintained Plan information should be available at local (VIII.D.3.e.) in a manner consistent with criteria governing jurisdiction health and building specified in the Basin Plan, Chapter 4, Section departments. VIII.D. VIII.D.1.b3.a. CONDITIONSAL FOR 2. The applicant submits a report of waste WAIVER OF WASTE DISCHARGE that to the Central Coast Water Board that provides documentation of consistency with REQUIREMENTS FOR NEW ONSITE each Basin Plan criterion. WASTEWATER SYSTEMS REGULATED DIRECTLY BY THE CENTRAL COAST 3. The applicant submits with the report of waste WATER BOARD discharge a fee corresponding to the lowest applicable fee for waste discharge requirements (threat and complexity rating of The Central Coast Water Board waives the III-C) identified in the State Water Board's fee requirement to obtain waste discharge schedule set forth in Title 23 California Code of requirements, but not the requirement to submit Regulations. reports of waste discharge, for new onsite wastewater systems (installed after [OAL approval 4. The applicant enrolled in the Conditional Waiver datel) directly regulated by the Water Board that complies with conditions specified in an meet the eligibility criteria and comply with the approved onsite management plan conditions set forth below. `^ice-s+o disp.haFge implemented by the local governing jurisdiction, ts [California Water Gode§13263(a)] are if available, waived as fellews; The Central Coast Water Board or its Executive The Central Coast Water Board's Executive Officer Officer may terminate the discharger's enrollment in is authorized to enroll applicants in the onsite the Conditional Waiver at any time. Dischargers wastewater system conditional waiver that meet the not eligible for the Conditional Waiver must apply eligibility criteria and comply with the following for waste discharge requirements or waiver of ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 7 waste discharge requirements in accordance with Coast Water Board regarding onsite Water Code requirements. wastewater system management. VIII.D.1.0.b. CONDITIONSAL FOR CONDITIONS WAIVER OF Wnc-rE nicrunQGc REQUIREMENTS FOR NEW ONSITE 1. The onsite wastewater system is permitted by a local governing jurisdiction that implements the WASTEWATER SYSTEMS REGULATED criteria for new systems (Section VIII.D.3.) BY LOCAL GOVERNING JURISDICTIONS 2. The onsite wastewater system is permitted by a local governing jurisdiction that implements an The Central Coast Water Board waives the onsite wastewater management plan approved requirements to submit a report of waste discharge by the Central Coast Water Board or its q p g G.,8,.��+i„o 040,. and associated Water Board fee, and to obtain W. waste discharge requirements or receive enrollment 3. The local governing jurisdiction has entered into notification for new systems (installed after [OAL a memorandum of understanding with the approval date]) that meet the eligibility criteria and Central Coast Water Board regarding onsite comms with the conditions set forth below are wastewater system management. 1.4-AI AW-A fnr GRG48 wastewater systems regulated by a IGGal governing jurisdiGtion, provided the following 4. The onsite wastewater system meets the criteria in Basin Plan Chapter 4, Section VIII.D. ELIGIBILITY CRITERIA for site suitability (VIII.D.3.a.), design (VIII.D.3.b.), alternatives (VIII.D.3.0, For an onsite wastewater system to be eligible fora construction (VIII.D.3.d.), maintenance(VIII.D.3.e.), and use considerations (VIII.D.3.f.) conditional waiver of the requirements to submit a report of waste discharge and obtain waste 5. The onsite wastewater system is sited, g q DiSGharges discharge requirements: ��� designed, managed and maintained in a r,�+�iio,� ++or nn ,r,h �n 200 9)-! manner consistent with the Water Board—er G Waterr Board .,o,.,,+,,,o Of f,,,or-approved onsite 1. The onsite wastewater system is installed at an management plan implemented by the local individual residence, multi-unit residence, governing jurisdiction. institution or place of commerce, industrial sanitary source, or small community not 6. The applicant submits any required application regulated by waste discharge requirements. and fee to the local governing iurisdiction. 2. The local governing iurisdiction has adopted or PROHIBITIONS updated local ordinances that incorporate the Criteria for New Systems set forth in Section 1. Local governing iurisdiction approval and VIII.D.3. of the Basin Plan. Lo�anGes discharger installation of new alternative systems are prohibited subsequent to final 3. The local governing jurisdiction implements an approval of these criteria on (OAL approval onsite wastewater management plan approved date) unless consistent with either a locally by the Water Board eritszxese#+ve Of; implemented onsite wastewater management (VIII.D.2.b.) to ensure conformance with the plan approved by the Central Coast Water Basin Plan criteria set forth in Section VIII.D.3. Board, or the Water Board has adopted waste and local regulations, and has entered into a discharge requirements or issued a conditional memorandum of understanding with the Central waiver of waste discharge requirements for the system. ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 8 Local governing jurisdictions should require onsite VIII.D.24-. LOCAL GOVERNING wastewater system as-built plans as a condition of new construction final inspection. JURISDICTION ACTIONS Prospective property buyers should be informed of any enforcement action affecting parcels or houses VIII.D.24-.a. DISCLOSURE AND they wish to buy. Local governing jurisdictions COMPLIANCE OF EXISTING ONSITE should ensure the terms of the enforcement action WASTEWATER SYSTEMS are entered into the county record for each affected parcel. When a prospective buyer conducts a title search, terms of the prohibition enforcement action The Water Board, on March 20, 2009, adopted a would appear in the preliminary title report. Basin Plan Implementation Program establishing a conditional waiver for onsite wastewater systems All onsite wastewater system owners need to be that meet specified eligibility criteria and #lie aware of proper operation and maintenance conditions (Basin Plan Section VIII.D.13.a, b and c). procedures. Local governing jurisdictions shall For an onsite wastewater system to be eligible for a should mount a continuing public education conditional waiver of Report of Waste Discharge, program to provide homeowners with onsite local governing jurisdictions must develop and wastewater system operation and maintenance implement programs to ensure conformance with guidelines. Basin Plan information should be this Basin Plan (as found in the following sections) available at local governing jurisdiction health and and local regulations and enter into memorandum building departments. of understanding with the Central Coast Water Board. Such programs shall include (but are not Dual leaching capabilities provide an immediate limited to) procedures to: remedy in the event of system failure. For that reason, dual leachfields are considered appropriate • Ensure site suitability tests are performed as for all systems. Furthermore, should wastewater necessary, and that tests are performed in flows increase, this area can be used until the accordance with standard procedures; system is expanded. Dedicated system expansion areas are also appropriate. To protect this • Ensure proper system siting, design, set-aside area from encroachment, the local construction and installation; and governing jurisdiction shall require restrictions on future use of the area as a condition of land division • Adequately inform property owners regarding or building permit approval. For new subdivisions, proper installation, operation and ongoing Covenants, Conditions and Restrictions (CC&R's) maintenance of their onsite wastewater or additional map sheets recorded with the Parcel systems. or Tract Final Map might provide an appropriate mechanism for protecting a set aside area. Future Local governing jurisdictions may Gae use staff buyers of affected property would be notified of inspectors or individuals under contract with the property use restrictions by reading the CC&R's or local government. A standard detailed checklist Final Map. should shall be completed by the inspector to verify the onsite wastewater system was constructed in Many existing systems do not comply with current conformance with the Basin Plan and local or proposed standards. Repairs to failing systems governing jurisdiction requirements. shall be done under permit from the local governing jurisdiction. The local governing jurisdiction shall Property owners should be aware of the nature and require failing systems to be brought into requirements of their onsite wastewater system. compliance with the Basin Plan or repair criteria Plans should be available in city or county offices consistent with locally implemented onsite showing placement of soil absorption systems. management plan (approved by the Central Coast ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 9 Water Board or its Exec;uti„e OffiAer), 7. Local governing jurisdictions shall ensure that alternative onsite system owners are provided Land use changes should not be approved by the an informational maintenance or replacement local governing jurisdiction until the existing onsite document by the system designer or installer. system meets criteria of this Basin Plan and local This document shall cite homeowner ordinances. procedures to ensure maintenance, repair, or replacement of critical items within 48 hours Within the following sections, criteria are specified following failure. for RECOMMENDATIONS, REQUIREMENTS and PROHIBITIONS. 8. Local ordinances shall be updated to reflect Basin Plan criteria for management plans RECOMMENDATIONS (VIII.D.2.b.), site suitability (VIII.D.3.a.), design (VIII.D.3.b.), alternatives (VIII.D.3.c.), 1. Inform property buyers of the existence, construction (VIII.D.3.d.), maintenance location, operation, and maintenance of onsite (VIII.D.3.e.), and use considerations (VIII.D.3.f.) disposal systems. Prospective home or property buyers should also be informed of any PROHIBITIONS enforcement action (e.g., Basin Plan prohibitions) through the County Record. 9. New alternative systems are prohibited unless consistent with a locally implemented onsite 2. Conduct public education programs to provide wastewater management plan approved by the property owners with operation and Central Coast Water Board Ar its ExeA„+;„e maintenance guidelines. Offer or waste discharge requirements issued or waived by the Water Board. 3. It may be appropriate for onsite systems to be maintained by local onsite maintenance VIII.D.24-.b. ONSITE WASTEWATER districts. MANAGEMENT PLANS 4. Standard soil testing procedures should be adopted. As set forth in Section VIII.D.1, the Water Board, ee Marcel 29, 2509 adopted a Pasin PlaR REQUIREMENTS mplerre"+ �Pr gram that sets forth — conditional waiver of the requirements to submit a 5. Onsite Wastewater Management Plans shall be report of waste discharge and obtain waste prepared and implemented for urbanizing and discharge requirements for certain onsite high density areas served by onsite wastewater wastewater systems TBesin—P'�oes ' n `t+c3„ - "lI-D.3�-. systems. F=A-.r AA Ansite ;niaAsfe;eiater system to be eligible fAr Gend'tnonal waiver, where the local governing 6. Local governing jurisdictions shall require jurisdiction must adept develops and implements an replacements or repairs to failing systems to be onsite wastewater management plan that esnapl+es in substantial conformance (to the greatest with this seAfieA is approved by the Water Board. extent practicable) with the Basin Plan criteria This section sets forth the purpose and content of for site suitability (VI II.D.3.a.), design the onsite wastewater management plan that must (VI II.D.3.b.), alternatives (VI II.D.3.c.), be included prior to Water Board approval. Approval construction (VIII.D.3.d.), maintenance of onsite system wastewater management plans (VI II.D.3.e.), and use considerations (VIII.D.3.f.) shall be based upon (but not limited to) the inclusion rese endat'ons, requirements and of the elements set forth below g,,i4aPGe A4:e� prehibitie—ps or the local onsite wastewater +fthe . A guidance document, titled "Central Coast management plan. Water Board Checklist for Developing & Reviewing Onsite Wastewater Management Plans” is provided ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 10 to assist local governing jurisdictions in developing Recommendations and requirements for new the plan ('n^i dee as AttaGhmonf 2 of MaFGh 20 onsite wastewater systems reflecting Basin 2009 Staff er#). Plan conditions and criteria (VIII.D.3). 1. For a conditional waiver to apply to onsite • Alternative means of disposing of sewage in the wastewater systems, onsite wastewater event of disposal system failure and/or management plans shall be implemented in irreversible degradation from onsite disposal. urbanizing areas to investigate and mitigate reduce or prevent long-term cumulative impacts • Procedures to assure that land use changes resulting from continued use of individual, are not approved by the local governing alternative, and community onsite wastewater jurisdiction until existing onsite wastewater systems. Onsite wastewater management systems meet criteria of this Basin Plan and plans should be a comprehensive planning tool local ordinances. to specify onsite disposal system limitations to prevent ground or surface water degradation. Education and outreach program including procedures to inform property buyers of the 2. Onsite wastewater management plans shall be existence, location, operation, and maintenance prepared and implemented for urbanizing and of onsite disposal systems. Prospective home high density areas served by onsite wastewater or property buyers should also be informed of systems. any enforcement action (e.g., Basin Plan prohibitions) through the County Record. The 3. Onsite wastewater management plans shall education and outreach program shall also include (but not be limited to) the following include procedures to ensure that alternative elements: onsite system owners are provided an informational maintenance or replacement • Survey and evaluation of existing onsite document by the system designer or installer. systems. This document shall cite homeowner procedures to ensure maintenance, repair, or • Water quality (groundwater and surface water) replacement of critical items within 48 hours monitoring program. following failure. • Projections of onsite disposal system demand 0 Enforcement options. and determination of methods to best meet demand. • Septage management. • Recommendations and requirements for 0 Program administration, staffing, records existing onsite wastewater system inspection, keeping, installation and repairs tracking, and monitoring, maintenance and repairs including financing. procedures to ensure that replacements or repairs to failing systems are done under permit • Consideration of the appropriateness of onsite from the local governing jurisdiction and in maintenance districts. substantial conformance (to the greatest extent practicable) with Basin Plan criteria for site • Adoption of standard soil testing procedures. suitability (VIII.D.3.a.), design (VI II.D.3.b.), alternatives (VIII.D.3.c.), construction . Adoption or update of local ordinances to reflect (VIII.D.3.d.), maintenance (VIII.D.3.e.), and use Basin Plan criteria for management plans considerations (VIII.D.3.f.) or the local onsite (VIII.D.2.b.), site suitability (VIII.D.3.a.), design wastewater management plan. (VIII.D.3.b.), alternatives (VIII.D.3.c.), ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 11 construction (VIII.D.3.d.), maintenance criteria and guidelines into their local ordinances, (VIII.D.3.e.), and use considerations (VIII.D.3.f.) systems will not be eligible for waivers set forth in VIII.D.1.c. These criteria will be used by the Central • Procedures to assure that onsite wastewater Coast Water Board for Water Board regulated system as-built plans are required as a systems and exemptions. condition of new construction final inspection, and procedures to assure that plans are Local governing jurisdictions may authorize available in city or county offices showing alternative onsite systems if the agency acts placement of soil absorption systems. consistent with locally implemented onsite wastewater management plans approved by the Consideration of use of onsite wastewater disposal Central Coast Water Board or its ExeGUt'Ve OffiGer zones, as discussed in Rep#+ee §6950-6981 of the and with the Basin Plan criteria specified in Health and Safety Code, may be an appropriate VIII.D.3.c. means of implementing onsite wastewater management plans. For any onsite system, limited disposal options are available for septage (solids periodically removed VIII.D.24-.c. ONSITE WASTEWATER from septic tanks). As a component of a SYSTEM MAINTENANCE DISTRICTS wastewater management plan, long-term septage disposal plans shall be considered and developed by local onsite governing jurisdictions. It may be appropriate for community onsite systems to be maintained by local onsite wastewater system Onsite wastewater system criteria are arranged in maintenance districts. These special districts could sequence under the following categories: site be administered through existing local governments suitability, onsite system design, design for such as County Water Districts, Community alternative and engineered systems, construction, Services Districts, or County Service Areas onsite system maintenance, use considerations, onsite wastewater system prohibition areas, and Onsite wastewater system maintenance districts subsurface disposal exemptions are responsible for onsite system operation and design, and leGal geve1n,�,9 7uisdfet+ees. Within maintenance in conformance with this Water each category, criteria are specified for Quality Control Plan. Such districts should ensure RECOMMENDATIONS, REQUIREMENTS and proper construction, installation, operation, and PROHIBITIONS. maintenance of onsite wastewater systems. Maintenance districts should establish onsite VIII.D.32.a. SITE SUITABILITY system surveillance, maintenance and pumping — programs, provide repairs to plumbing or Ieachfields, and encourage water conservation RECOMMENDATIONS measures. 1. For new land divisions, onsite disposal systems and expansion areas should be protected from VIII.D.32. CRITERIA FOR NEW encroachment by provisions in covenants, SYSTEMS conditions, and restrictions (CC&Rs), recorded in Final Maps or similar mechanisms. Onsite wastewater system problems can be 2. Percolation test holes (at least three per minimized with proper site location, design, system) should be drilled with a hand auger. A installation, operation and maintenance. The hole could be hand augered or dug with hand following section includes criteria for all new onsite tools at the bottom of a larger excavation made wastewater disposal systems. Unless l=local by a backhoe. governing jurisdictions -should incorporate these ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. 133-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 12 3. Natural ground slope of the disposal area with recommendations, requirements and should not exceed 20 percent. prohibitions specified in this section). Seepage pits should be utilized only after careful 4. An excavation should be made to detect consideration of site suitability. mottling or presence of underground channels, fissures, or cracks. Soils should be excavated 11. Distances between trench bottom and highest to a depth of 4-5 feet below drain field bottom. seasonal usable groundwater, including perched groundwater, shall not be less than the REQUIREMENTS separation specified by appropriate percolation rate: 5. At least one soil boring or excavation per onsite system shall be performed to determine soil Percolation Rate suitability, depth to groundwater, and depth to (minutes/inch)* Distance (feet) bedrock or impervious layer. Soil borings are 1-4 20 particularly important for seepage pits. The soil 5-29 8 boring or excavation should extend at least 10 >30 5 feet below the drain field bottom at each proposed location and be performed during or Onsite disposal in soils with percolation rates faster than one minute per inch are prohibited without additional shortly after the wet season to characterize the (alternative)treatment. most limiting conditions. 12. Onsite disposal systems on slopes greater than 6. For leachfields, at least three percolation test 20 percent shall be designed by a certified locations shall be used to determine system professional. acceptability. PROHIBITIONS 7. Percolation tests shall be continued until a stabilized rate is obtained. 13. For new land divisions (including lot splits) served by onsite systems, lot sizes less than 8. Percolation tests shall be performed at a depth one acre are prohibited unless authorized under corresponding to the bottom of the subsurface an onsite management plan approved by the disposal area. Central Coast Water Board or its ExeG,,+;„o 9ftiEer. For the purpose of this prohibition, 9. If no restrictive layers intersect, and geologic secondary units are considered "de-facto” lot conditions permit surfacing, the setback splits and shall not be constructed on lots less distance from a cut, embankment or steep than two acres in size unless consistent with slope (greater than 30 percent) should be onsite management plans. determined by projecting a line 20 percent down gradient from the sidewall at the highest 14. Onsite wastewater disposal shall not be located perforation of the discharge pipe. The in areas subject to inundation from a 25-year leachfields shall be set back far enough to flood. prevent this projected line from intersecting the cut within 100 feet, measured horizontally, from 15. Onsite disposal systems shall not be installed the sidewall. If restrictive layers intersect cuts, where natural ground slope of the disposal area embankments or steep slopes, and geologic exceeds 30 percent. conditions permit surfacing, the setback shall be at least 100 feet measured from the top of 16. Leachfields are prohibited in soils where the cut. percolation rates are slower than 120 min/in unless parcel size is at least two acres. 10. Prior to permit approval, site investigation shall Disposal systems designed to accommodate determine onsite system suitability (consistency slow percolation rates (such as ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 13 evapotranspiration systems) shall be evaluated 24. Onsite discharge in soils with percolation rates as alternative systems. faster than one minute per inch is prohibited without additional treatment consistent with an 17. Onsite discharge is prohibited on any site onsite management plan implemented by the unable to maintain subsurface disposal. local governing jurisdiction and approved by the Central Coast Water Board nr its Exep ,+ive 18. Onsite discharge is prohibited where lot sizes, Offer. dwelling densities or site conditions cause detrimental impacts to water quality. 25. Onsite discharge is prohibited in fill unless specifically engineered as a disposal area. 19. Onsite discharge is prohibited within a water supply reservoir watershed where parcel size is VIII.D.32.b. ONSITE SYSTEM DESIGN less than one acre, unless consistent with an — onsite wastewater management plan approved by the Central Coast Water Board or its RECOMMENDATIONS Gvoni i+iio /lffinor 1. Dual disposal fields (200 percent of original 20. Onsite discharge is prohibited in any area calculated disposal area) should be installed. where continued use of onsite systems constitutes a public health hazard, an existing 2. For commercial and institutional systems, or threatened condition of water pollution, or pretreatment may be necessary if wastewater is nuisance. significantly different from domestic wastewater. 21. Onsite discharge is prohibited where soils or formations with channels, cracks, fractures, or 3. Distance between drainfield trenches should be percolation rates allow inadequately treated at least two times the effective trench depth. waste to surface or degrade water quality.* Distance between seepage pits (nearest sidewall to sidewall) should be at least 20 feet. Unless a setback distance of at least 250 feet to any domestic water supply well or surface water is ensured. 4. Application area used in design calculations should be no greater than defined in section 22. Seepage pits are prohibited in soils or VIII.D. +hn ern n,�n„��+nrl „�ir,n trnnnh bettnm formations containing 60 percent or greater clay and—sidewallsR.A.i.A.l--s +ho firs+ feet. hoer,,., the (a soil particle less than two microns in size) � s unless parcel size is at least two acres. 23. For seepage pits, distances between pit bottom 5. Seepage pit application rate should not exceed and usable groundwater, including perched 0.3 gallons per day (gpd) per square foot. groundwater, shall not be less than separation REQUIREMENTS specified by appropriate soil type: Soil Type Distance (feet) 6. Onsite wastewater treatment tanks shall be Gravels additional (alternative) water-tight, and designed to remove settleable treatment required solids and should provide a high degree of Gravels with few fines* 20 anaerobic decomposition of colloidal and Other 10 soluble organic solids. Gravels with few fines - Soils with 90 percent to 94 7. The minimum design flow rate shall be 375 percent coarse fraction larger than a No.4 sieve. gallons per day for a 3-bedroom house, and 75 gpd should be added for each additional ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 14 bedroom. 17. Where site conditions permit migration of wastewater to water, setback distances from 8. Drainfield design shall be based only upon disposal trench/pit shall be at least: usable permeable soil layers. Minimum Setback 9. Leachfield loading application rate shall not Distance (feet) exceed the following: Domestic water supply wells 100 Percolation Rate Loading Rate (minutes/inch) (gpd/sq.ft.) Watercourse 100 1 - 20 0.8 21 - 30 0.6 Drinking water supply reservoir 31 - 60 0.25 spillway elevation 200 61 - 120 0.10 Springs, natural or any part 10. If curtain drains divert groundwater to of a man-made spring 100 subsurface soils, the upslope separation from a Ieachfield or pit shall be at least 20 feet and the 18. Community systems shall be designed with down slope separation shall be at least 50 feet. adequate capacity to accommodate the build-out population. 11. Onsite system design shall allow access for inspection and cleaning. Septic tanks must be 19. Community wastewater treatment and disposal accessible for pumping. facilities shall be operated by a public agency. If a demonstration is made to the Central Coast 12. For commercial, institutional, industrial and Water Board that an existing public agency is community systems, design shall be based on unavailable and formation of a new public daily peak flow. agency is unreasonable, a private entity with adequate financial, legal, and institutional 13. Dual disposal systems shall be installed (200 resources to assume responsibility for waste percent of original calculated disposal area) for discharges may be acceptable. community systems. PROHIBITIONS 14. All onsite disposal systems shall reserve an expansion area (additional 100% disposal 20. Onsite discharge to leachfields is prohibited capacity) to be set aside and protected from all where soil percolation rates are slower than 60 uses except future drainfield repair and minutes per inch unless the system is designed replacement.up" Community systems shall for an effluent application rate of 0.1 gpd per install dual drainfields (200% disposal capacity) square foot of application area, or less. and reserve replacement area (3rd 100% disposal capacity). 21. Discharge shall not exceed 40 grams per day of total nitrogen, on the average, per acre served 15. Community systems shall provide duplicate by onsite system overlying groundwater individual equipment components for recharge areas, except where a local governing components subject to failure (such as pumps). jurisdiction has adopted a Wastewater Management Plan approved by the Central 16. Distances between trench/pit bottom and Coast Water Board or its ExeGUt'Ve OffiGer bedrock or other low permeability material shall be at least ten feet. 22. Community system seepage pits are prohibited unless additional (alternative) treatment is provided consistent with an onsite management ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 15 plan implemented by the local governing 4. Alternative and engineered onsite wastewater jurisdiction and approved by the Central Coast systems are prohibited, except where Water Board EXeG t'Ve Off . Such seepage consistent with a locally implemented onsite pits shall have at least 15 vertical feet between management plan approved by the Central pit bottom and highest usable groundwater, Coast Water Board or its ExeGUt'Ve Off; including perched groundwater. 23. Inflow and infiltration shall be precluded from VIII.D.32.d. CONSTRUCTION the system unless design specifically accommodates such excess flows. RECOMMENDATIONS 24. Onsite wastewater systems are prohibited in 1. Construction activities should follow any subdivision unless the subdivider clearly recommendations and precautions described in demonstrates the installation, operation and the Environmental Protection Agency's Design maintenance of the onsite system will be Manual: Onsite Wastewater Treatment and properly functional and in compliance with all Disposal Systems. Basin Plan criteria for new onsite systems VII( I.D.3.) 2. Onsite wastewater systems should have a slightly sloped finished grade to promote 25. Curtain drains that discharge to ground surface surface runoff. or surface water are prohibited within 50 feet down slope of onsite system disposal areas. 3. Surface runoff should be diverted around open trenches/pits to limit siltation of trench bottom VIII.D.32.c. DESIGN FOR ALTERNATIVE area. AND ENGINEERED SYSTEMS 4. Work should be scheduled only when infiltrative surfaces can be covered in one day to minimize RECOMMENDATIONS windblown silt or rain clogging the soil. 1. Mound systems, evapotranspiration systems, 5. In clayey soils, work should be done only when and other alternative onsite systems should be soil moisture content is low enough to avoid designed and installed in accordance with smearing of infiltrative surfaces. guidelines available from the State Water Resources Control Board. 6. Bottom and sidewall areas should be left with a rough surface. Any smeared or compacted REQUIREMENTS surfaces should be removed. 2. Alternative onsite wastewater systems shall be 7. Bottom of trench or bed distribution piping designed by a certified professional competent should be level throughout to prevent localized in alternative onsite wastewater system design. overloading. 3. Alternative and engineered onsite wastewater 8. Properly constructed distribution boxes or systems shall be located, designed, installed, junction fittings should be installed to maintain operated, maintained, and monitored in equal flow to each trench. Distribution boxes accordance with a locally implemented onsite should be placed with extreme care outside the management plan approved by the Central leaching area to ensure settling does not occur. Coast Water Board or its EXeGut,,,o OffiGer. 9. Risers to the ground surface and manholes PROHIBITIONS should be installed over the septic tank ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. 133-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 16 inspection ports, access ports and distribution boxes. 4. Onsite wastewater systems shall be maintained in accordance with approved onsite 10. Drainfields should include inspection pipes to management plans. Where onsite check water level. management plans have not been approved by the Central Coast Water Board ^.r ,+s G„e,mitiye 11. Nutrient and heavy metal removal should be Off+EeK, onsite systems shall be maintained as facilitated by planting ground cover vegetation described in bullets 5 and 6 below iR the over shallow subsurface drainfields. The plants following speGifiGations. must have the following characteristics: (1) evergreen, (2) shallow root systems, (3) 5. Disposal of septage (solid residue pumped from numerous leaves, (4) salt resistant, (5) ability to septic tanks) shall be accomplished in a grow in soggy soils, and (6) low or no manner acceptable to the Central Coast Water maintenance. Plants downstream of leaching Board Executive Officer. area may also be effective in nutrient removal. 6. Records of maintenance, pumping, septage REQUIREMENTS disposal, etc. shall be maintained by the onsite system owner and available upon request. 13. Prior to backfilling, the distribution system shall be tested to check the hydraulic loading pattern. VIII.D.32.f. USE CONSIDERATIONS 14. Disposal systems shall be inspected by the permitting agency prior to covering to ensure RECOMMENDATIONS proper construction. Designers and/or installers of engineered onsite wastewater 1. Water conservation and solids reduction systems shall provide a letter to the permitting practices should be implemented by all onsite authority stating that the onsite system was system users. Garbage grinders should not be installed in conformance with the approved used in homes with septic tanks. Where plans. grinders are used, septic tank capacity and inspection/pumping frequency should be VIII.D.32.e. ONSITE SYSTEM increased. MAINTENANCE 2. Metering and water use costs should be used to encourage water conservation in areas served RECOMMENDATIONS by onsite systems. 1. Septic tanks should be inspected every two to 3. Bleach, solvents, fungicides and any other toxic five years to determine the need for pumping. material, grease and oil should not be discharged into onsite wastewater systems. 2. Septic tanks should be pumped whenever: (1) the scum layer is within three inches of the 4. Self-regenerating water softeners should not be outlet device, (2) the sludge level is within eight used where discharge is to onsite systems. If inches of the bottom of the outlet device, or (3) water softening is necessary, use of canister- every five years;whichever is sooner. type softeners will protect the treatment and disposal systems and underlying groundwater 3. Drainfields should be alternated when drainfield from unnecessary accumulation of salts. inspection pipes reveal a high water level or every six months, whichever is sooner. PROHIBITIONS REQUIREMENTS ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. 133-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. R3-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 17 5. Self-regenerating water softener brine Prohibition Boundary Map included as discharge to onsite wastewater systems is Attachment A of Resolution No. 83-13, which prohibited unless consistent with an onsite can be found in Basin Plan Appendix A-30. wastewater management sans Mi„mmizat on plan approved by the Central Coast Water VIII.D.32.h. SUBSURFACE DISPOSAL Board Exep-mf, - „o nff;^o� and implemented by the local governing jurisdiction. EXEMPTIONS VIII.D.32.g. ONSITE WASTEWATER The Central Coast Water Board ^tet; SYSTEM PROHIBITION AREAS Of� may grant exemption to prohibitions for: (1) engineered new onsite wastewater systems for In order to achieve water quality objectives, protect sites unsuitable for standard systems; and (2) new present and future beneficial water uses, protect or existing onsite systems within the specific public health, and prevent nuisance, discharges are prohibition areas cited above in section VIII.D.3.g. prohibited in the following areas: To obtain an exemptions, the discharger must submit a report of waste discharge to the Water PROHIBITIONS Board and the local governinq jurisdiction that provides after PF86 Rtati^n of sufficient justification, including 1. Discharges from individual sewage disposal geologic and hydrologic evidence that the continued systems are prohibited in portions of the operation of such system(s) in a particular area will community of Nipomo, San Luis Obispo not individually or collectively, directly or indirectly, County, which are particularly described in result in pollution or nuisance, or affect water quality Basin Plan Appendix A-27. adversely. 2. Discharges from individual sewage disposal Individual, alternative, and community systems shall systems within the San Lorenzo River not be approved for any area where it appears that Watershed shall be managed as follows: the total discharge of leachate to the geological Discharges shall be allowed providing the system, under fully developed conditions, will County of Santa Cruz, as lead agency, cause: (1) damage to public or private property; (2) implements the "Wastewater Management Plan ground or surface water degradation; (3) nuisance for the San Lorenzo River Watershed, County condition; or, (4) a public health hazard. Interim use of Santa Cruz, Health Services Agency, of septic tank systems may be permitted where Environmental Health Service:, February 1995 alternate parcels are held in reserve until sewer and "San Lorenzo Nitrate Management Plan, systems are available. Phase II Final Report", February 1995, County of Santa Cruz, Health Services Agency, Requests for exemptions will not be considered Environmental Health Service (Wastewater until the local erkity governing jurisdiction has Management Plan) and assures the Central reviewed the system and submitted the proposal for Coast Water Board that areas of the San Central Coast Water Board review. Dischargers Lorenzo River Watershed are serviced by requesting exemptions must submit a Report of wastewater disposal systems to protect and Waste Discharge, supplementing the local enhance water quality, to protect and restore governing jurisdiction's submittal. Exemptions will beneficial uses of water, and to abate and be subject to filing fees as established by the State prevent nuisance, pollution, and contamination. Water Code. 3. Discharges from individual and community Discharges from onsite wastewater systems sewage disposal systems are prohibited, regulated by waste discharge requirements or a effective November 1, 1988, in the Los conditional waiver of such requirements may be Osos/Baywood Park area depicted in the exempt from the requirements of this chapter. The ATTACHMENT A Water Quality Control Plan, Central Coast Basin Res. No. R3-2008-0005 & No. R3-2009-0012 Revisions to Chapter 4 incorporated, Res. No. 133-2011-0004 (onsite wastewater sections only) amendment(additions/deletions) shown 18 waste discharge requirements or conditional waiver will act in lieu of exemption, and separate exemption is not required. Further information concerning individual, alternative, or community onsite wastewater sewage disposal systems can be found in Chapter 5 in the Management Principals and Control Actions sections. State Water Resources Control Board Plans and Policies, Discharge Prohibitions, and Central Coast Water Board Policies may also apply depending on individual circumstances. SAWQ Control Plan ni ng\Onsite\201 1 Revisions\Chap 4 2011 edits-public draft.DOC ATTACHMENT A I CITY OF ATASCADERO I . ° r r .� r r r gip,°o, PUBLIC WORKS DEPARTMENT c r-r 1978' ' 6907 El CAMINO REAL, ATASCADERO, CA 93422 Telephone (805)461-5000 * Fax(805)461-7612 February 17, 2011 Ms. Sorrel Marks Central Coast Regional Water Quality Control Board 895 Aerovista Place, Suite 101 San Luis Obispo, CA 93401 Comments on Amendments to the Central Coast Water Quality Control Plan (Basin Plan) Onsite Wastewater Requirements Dear Ms. Marks, This letter expresses the City's comments on Resolution No. R3-2011-0004; Amendment to the Water Quality Control Plan, Central Coast Basin, regarding onsite wastewater system implementation program (Amendments.) The City of Atascadero (City) appreciates the opportunity to comment on the Central Coast Regional Water Quality Control Board's (Water Board) revised 2008 and 2009 Onsite Wastewater Basin Plan Amendments. As you are aware the City has been permitting septic systems in the City of Atascadero since before 1983. The City has a robust set of municipal code requirements that are protective of water quality, while maintaining flexibility in design and construction. Hence, the local Water Company is on record saying that the City's drinking water aquifer is not impacted by the approximately 5,000 septic systems located in the City's 23 square mile jurisdiction. We believe our current requirements protect health, safety and state waters, are consistently applied and have the least amount of economic impact on our residents. None-the-less, the City recognizes that periodic review of regulations is beneficial as long as additional bureaucracy is not unnecessarily created. It appears, based on the City's review, that the proposed Amendments are slightly improved from the 2009 version. We appreciate the language changes that the Water Board has made to the Recommendation sections in the implementation program. The City believes it is very important to aim high while remaining flexible to reach goals. In that light, the City has the following comments: Draft Staff Report 1 . Page 2, Paragraph 3. The word "waters" should be added after "state" to clarify the intent of the sentence. "...Background — Persons who discharge waste that could affect the quality of the state waters, including discharges from onsite wastewater systems, are required to submit a report of waste discharge (application) under California Water Code section 13260 and obtain waste discharge requirements or a waiver of waste discharge requirements..." Draft Staff Report Attachment A 2. Staff Report Attachment A, Page 4, Paragraph 3. We recommend that the word "discharger" be inserted prior to "compliance" to clarify who is being compelled to comply with the subject requirements. "...Local governing jurisdictions also regulate onsite systems. The Central Coast Water Board and local governing jurisdictions typically coordinate the regulation of onsite systems. Appropriately developed and implemented memoranda of understanding between the Central Coast Water Board and local governing jurisdiction (e.g., counties and cities) provide practical and enforceable tools to compel discharger compliance with the Basin Plan criteria for onsite systems and ensure water quality protection..." 3. Staff Report Attachment A, Page 4, Paragraph 4. The paragraph contains a redundant reference to the Central Coast Water Board. We recommend that you strike the excess language. "...The Central Coast Water Board' E—xecUtOV-e OffiGer authorized to may approve and execute, on behalf of the Central Coast Water BGar4-, individual memoranda of understanding with local governing jurisdiction in the Region based substantially on the requirements specified in Chapter 4, Section VIII.D of the Basin Plan (sections pertaining to onsite wastewater systems)..." 4. Staff Report Attachment A, Page 4, Paragraph 4, next column. We recommend that you clarify what item the word "they" in this sentence is referring. We recommend that you strike the term "they need to be modified" and insert "modification is needed" as shown below. "...order to be substantially equivalent to the Basin Plan. If and when statewide criteria are adopted pursuant to California Water Code §13291 , this Basin Plan section and the memoranda of understanding will be reviewed to determine if they need to be modifioi! modification is needed. 5. Staff Report Attachment A, Page 4, Paragraph 5. We recommend that Water Board staff re-evaluate the language in the last sentence of paragraph five, shown below. "...Individual memoranda of understanding shall incorporate additional measures to be taken by the local governing Ourisdiction to identify and address areas of degraded groundwater or surface water quality, where onsite wastewater systems are a potential source of pollution..." The City believes that the above noted sentence should be modified so that flexibility can be maintained during MOU development, and requirements are not 2 located outside of appropriate sections. The City recommends the following changes: "...Individual memoranda of understanding shall be developed in cooperation with local governing jurisdictions in order to protect surface and groundwater from onsite wastewater system discharges. shall inoorperote additional measures to be taken by the IOGal ur'sd'Gt'on to identify apd address areas of degraded greund ater eir surflarce �..fatter quality, where ORsite wastewater systems are o potential so,,roe of pollution..." The California Water Code is very specific regarding who can be compelled to identify and address areas of degraded groundwater or surface water quality. The Water Board cannot compel an agency (Cities or Counties) or an individual, which does not own the land where the discharge occurs or generates the wastewater discharge, to investigate and or remedy groundwater or surface impacts thereupon. In addition, this requirement appears to be an unfunded mandate on agencies since it is the Water Board's responsibility to order discharger's to identify and abate conditions of pollution and nuisance. Lastly, this sentence is a requirement and does not belong in the section discussing the implementation program. The City recognizes that it is under no obligation to sign a Memorandum of Understanding (MOU) with the Water Board to regulate onsite wastewater systems. The City further understands that the review and approval service now provided by the City will revert back to the Water Board. This is likely to have a negative impact on the Water Board's staff budget and the timely permitting of our citizen's onsite wastewater systems. However, Water Board staff has made it clear that Water Board staff expects that local governing jurisdictions will continue to directly regulate most onsite wastewater systems (page 5, paragraph 2.) We believe that the Basin Plan language is conflicting and is akin to the old saying "the beatings will continue until the moral improves" and does nothing to improve interagency cooperation. Lastly, the last portion of this sentence "potential source of pollution" is vague and it is unclear why this is included. Every onsite system currently installed could be considered a "potential source of pollution." The City does not believe that it is the Water Board staff's intent to have local jurisdictions investigate every installed onsite wastewater system. However, this requirement leaves the door open for that circumstance to happen. If it is the Water Board's intent to require the City to investigate every system, then we can state that they City will not cooperate in this endeavor. This would be an unfunded mandate that the City would not comply with. Re-iterating our earlier comment, the City is not responsible for investigating and or monitoring onsite wastewater discharges. The City has been working with owners of failed systems, however to ensure health, safety and the environment are protected and will continue to do so as a service to our citizens and the Water Board. 3 6. Staff Report Attachment A, Page 5, Eligibility Criteria Item 4(a). The City is concerned that the proposed language indicates that the City would be required to perform tests or perform other functions for individual onsite wastewater system owners. We do not believe that is the intent of the Water Board staff. The City recommends that the following changes for clarity: 4. The local governing jurisdiction includes the following requirements in its local onsite wastewater system codes: pri�oottiake?she following antinnc• a. Ensures Ssite suitability test-sing a-re is performed prior to repairs and replacements, and that test-sing are is performed in accordance with standard procedures. b. Ensures Proper system siting (VIII.D.3.a.), design (VIII.D.3.b.), construction (VIII.D.3.d.), and installation for repairs and replacements of onsite wastewater systems:; and c Adequately informs property owners regarding proper installation (ef repairs and replagement) operation and opening malntenanoe of their onsite wastewater systems The last item is struck since the term adequately is vague and is open to infinite interpretation. In addition, this eligibility requirement conflicts with Recommendations 2 and 4. Item 2 states that "property owners should be made aware if the nature and requirements of their onsite wastewater system." Item 4 states "...Local governing jurisdictions should shall mount a continuing public education program to provide homeowners with onsite wastewater system operation and maintenance guidelines." We recommend that Water Board staff include repairs and replacement in the Recommendations section to remove the conflict between the eligibility criteria and Recommendations. 7. Staff Report Attachment A, Page 8, VIII.D.24-.a. Third bullet. This section has the same consistency problem that is described in item 6, above. Bullet three states that property owners shall be adequately informed which appears to be direction to inform homeowners. However the narrative in later paragraphs states that landowners should be informed. City staff recommends that the requirement in bullet three be eliminated or changed to be consistent with the paragraphs of the Disclosure and Compliance section. 8. Staff Report Attachment A, Page 9, Paragraph 2. The City of Atascadero recommends the following change to Paragraph 2. "...Land use changes should not be approved by the local governing jurisdiction until the existing onsite system meets the criteria of this basin plan and local ordinances..." 9. Staff Report Attachment A, Page 9, Recommendation 2. Recommendation 2 is vague and does not specify who should conduct a public education program. City staff recommend the following revision: 4 2. "..The Water Board should conduct public education programs to provide property owners with operation and maintenance guidelines..." 10.Staff Report Attachment A, Page 9, Recommendation 3. Recommendation 3 is a statement and not a recommendation. We recommend that Water Board staff revise Item 3 to make it a recommendation. 11 .Staff Report Attachment A, Page 10, Items 1 and 2. Items 1 and 2 appear to be requirements and not elements. In addition, items 1 and 2 are essentially the same and item 2 appears to be redundant. 12.Staff Report Attachment A, Page 11 , Column 2, Paragraph 3. The City is unclear of what is meant by "local onsite governing jurisdictions." It appears that onsite wastewater system maintenance districts may be the term that was intended. The City requests that the Water Board define this term if the left in the paragraph. In addition, this paragraph deals with septage disposal and it is unclear why it is included in Section VIII.D.3. CRITERIA FOR NEW SYSTEMS. 13.Staff Report Attachment A, Page 12, Column 2, Prohibition 13. The City re- iterates its objections to the Water Board's prohibition on second residential units on lots less than two acres. This prohibition is in conflict with sound science and state mandated housing requirements for second units. Please refer to our previous correspondence related to this requirement. 14.Staff Report Attachment A, Page 16 & 17, Recommendation 4 and Prohibition 1 . These two items appear to conflict. We recommend that you evaluate these two items to make the Water Board's intent clear. City staff appreciates the opportunity to review and comment on the re-proposed Onsite Wastewater Basin Plan Amendments. Please call me at (805) 470-3424 should you have any questions. Sincerely, Russell S. Thompson, PE Public Works Director/City Engineer City of Atascadero Cc: 5 Attachment C CITY OF ATASCADERO PUBLIC WORKS DEPARTMENT 6907 El CAMINO PEAL,ATASCADERO,CA 93422 Telephone(805)461-5000*Fax(805)461-7612 April 7, 2008 Ms. Sorrel Marks Central Coast Regional Water Quality Control Board 895 Aerovista Place,Suite 101 San Luis Obispo, CA 93401 Comments on Amendments to the Central Coast Water Quality Control Plan (Basin Plan) Onsite Wastewater Requirements Dear Ms. Marks, The City of Atascadero(City)appreciates the opportunity to comment on the Central Coast Regional Water Quality Control Board's(Water Board)proposed Onsite Wastewater Basin Plan Amendments. The City agrees with the Water Board staff that amendments to the Onsite Wastewater Basin Plan requirements are long overdue. The City appreciates Water Board staffs eye towards making the requirements straightforward and implementable. However,the City believes that a number of the amendments should be modified or clarified prior to adoption. The City has the following comments: Resolution No. R3-2208-0005 1. Page 3. Definition of `Watercourse"- Regional Board staff has changed the definition of a watercourse, mainly by deleting some language and adding"man-made"to the definition. City staff is concerned that the new definition is too flexible and is still open to broad interpretation. Past experience has shown that not all Water Board staffers interpret the Basin Plan equally. In addition,the old definition was much clearer and provided language that assisted City staff in identifying watercourses. However, City staff understands that the original definition was problematic for Water Board staff and we are therefore recommending the following definition': Watercourse—A running stream of water; a natural stream fed from permanent or natural sources, including rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction,though it need not flow continuously. It may sometimes be dry. It must flow in a definite channel, having a bed or banks,and usually discharges itself into some other stream or body of water. It must be something more than a mere surface drainage over the entire face of the tract of land, occasioned by freshets or other extraordinary causes. It is important to define watercourse in a straight forward, easy to interpret manner. The above definition provides the minimum guidelines that agency staff, homeowners, and the public can use to determine appropriate setback distances. 2. Page 5, RECOMMENDATIONS, Number 1 - City staff recommends that the first sentence be amended as follows: ' Definition from Black's Law Dictionary,Fifth Edition, 1989 Attachment C "...Provide property buyers, upon request,with legally available records regarding the existence, location,operation,and maintenance of onsite disposal systems..." It is not the City's responsibility to track or be involved with property transfers within our boundary. We will provide any documents that we physically posses, in conformance with the Freedom of Information Act. 3. Page 5, Item 7- City staff recommends that additional language be added to the following sentence: "...Local jurisdictions shall ensure that alternate onsite system owners are provided an informational maintenance or replacement document by the system designer engineer or representa :e installer..." This language better clarifies who is responsible for providing operational documents to homeowners since non-engineers are allowed to design septic systems. 4. Page 5, PROHIBITIONS, Page 9- We recommend that Water Board staff take a collaborative approach to achieving its goal of getting Cities and Counties to develop and implement Onsite Wastewater Management Plans,as described further below. We recommend that Water Board staff add the following language to the end of this prohibition:"...Central Coast Water Board Executive Officer or individual Waste Discharge Requirements issued by the Water Board..." 5. Page 5, VIII.D.2.l.b. ONSITE WASTEWATER MANAGEMENT PLANS- The City,with Water Board staff's knowledge and approval, has been implementing the Water Board's Basin Plan requirements at the City's own expense. We have consented to this situation in order to provide a service to the City's homeowners.This has worked for the most part and has freed up valuable Water Board staff time, allowed for speedy permitting and eliminated duplicative governmental oversight. However,we are now perplexed on why the development of Onsite Wastewater Management Plans have become such an important and immediate issue. It appears that the Water Board staff desires that the City spend a potentially significant amount of funds on an issue that,to City staff's knowledge,is not currently needed in Atascadero. Overall, it is unclear to City staff how the Water Board can require Cities and Counties to prepare Onsite Wastewater Management Plans. Staff has looked at the Basin Plan's governing document,the Porter Cologne Water Quality Act. City staff has found no instance where the Water Board is given the authority to require the City to address a waste discharge that is not the City's responsibility(The City is not the owner of the individual septic systems.) Therefore,we strongly recommend that the Basin Plan language be reverted back to the current language. Additionally,this requirement,as written, is an unfunded mandate. If the current language is not changed,then the City requests that the Water Board provide the funding for plan development. City staff agrees with Water Board Staff that Onsite Wastewater Management Plans may be a good tool to prevent ground or surface water contamination in areas where limiting site conditions could lead to problems. Indeed,Water Board staff has already identified the urbanizing areas with septic systems that may be impacting water quality. These areas were noted in Basin Plan Section VIII.D2.b. Curiously enough,Atascadero was not listed in 2 Attachment C that section even though septic systems have been in use for over 75 plus years,a majority of the land has been previously subdivided, and it incorporates approximately 25 square miles of land. It is also important to note that the City does not allow new divisions of land less than one acre if sewer is not available. Therefore, even if further"urbanization"were to occur,the current Basin Plan requirements would be adequate to protect water quality in Atascadero. Lastly,all new subdivisions that are less than one acre are connected to our wastewater collection system. The City sees itself as a partner in the effort to protect water quality. We believe that forcing Cities and Counties to produce Onsite Wastewater Management Plans(if it is somehow legal,we believe it is an undue requirement)is a step in the wrong direction. Water Board staff should use a collaborative approach, much like the approach that was used to develop the Ag Waiver program,for each individual jurisdiction. City staff also believes that this new water quality objective should be focused on the areas where septic systems are known problems(those listed in the current Basin Plan.) This would ensure that funds and resources are spent on real problem areas. City staff pledges to work with Water Board staff to implement changes that may be needed in our upcoming Memorandum of Understanding (MOU)discussions. We believe that a collaborative approach and minor changes may be all that is needed. 6. Page 8. PROHIBITIONS, Number 13- Water Board staff have added new language to prohibit second units on lots less than 2- acres. This new language is based on a Water Board legal opinion and does not appear to be supported by technically sound science. City staff sees no difference between building a second unit or a single home with additional bedrooms. Each situation would have to show that the property is capable of handling the entire wastewater flow and include open land for the reserve leachfield. City staff also recommends removal of the term"defacto"since the words use implies that the construction of a second unit on lots of less than 2 acres constitutes an illegitimate or illega12 lot split. City staff recommends the following amendments be made: ` ...For the purpose of this prohibition, secondary units construction on a lot of less than 2 acres is are considered"defaeto" a lot splits and shall not be allowed, less than t "'a8Fes in size unless it is shown that the lot can accept the wastewater flow from the primary and second unit. It also appears that Water Board staff has removed language that was previously contained in the Basin Plan that allowed lot splits of less than one acre, if favorable site conditions were present. No justification was provided in the amended requirements. Lastly, it appears short sighted to require that lots be 2-acres or larger for second units. California, especially the Central Coast, is dealing with a large population of aging individuals. These individuals are being cared for by their adult children, hence,there is a demand for second units. The Water Code requires Water Board staff to consider housing needs when establishing new requirements. It does not appear that the housing needs requirement was considered. City staff believes that the threshold for second units vs. lot size should be based on whether or not the land can accept the onsite wastewater load. 2 The use of De facto:As defined in Black's Law Dictionary,Fifth Edition, 1989 3 Attachment C Failure to do so would potentially cause undue hardships on families when the potential for water quality improvement or protection is insignificant. 7. Page 9. REQUIREMENTS. Number 9- City staff is unclear why the requirement for a 0.1 gallon per day per square foot application rate is required for percolation rates between 61 and 120 minutes per inch. It is not reasonable to require a landowner with a percolation rate of 61 minutes per inch to construct an onsite wastewater system that would be the same size as the system on a lot with an 120 minute per inch percolation rate. The 61 minute per inch percolation rate is almost twice as fast as the 120 minutes per inch rate. Therefore,the system would be twice the needed size,twice the cost and provide no greater water quality protection. Agencies have to be responsive and only require what is necessary to protect human health and the environment. City staff proposes the following application rates for percolation rates between 61 and 120 minutes per inch: minutes/inch d/s .ft 61-80 0.2 81-100 0.15 101- 120 0.1 8. Page 9& 10, REQUIREMENTS. Number 17- City staff recommends that a note be included with each setback clarifying that a 100-foot setback applies to the areas upslope from a Water Course, Drinking Water Supply Reservoir Spillway Elevation or Spring. Onsite wastewater systems that are downslope from the aforementioned features do not pose a risk to the upslope features(water doesn't flow uphill.) 9. Page 10. REQUIREMENTS, Number 25- City staff recommends that the word "downgradient"in this paragraph be changed to "downslope"since this more accurately describes the surface location. City staff appreciates the opportunity to review and comment on the proposed Onsite Wastewater Basin Plan Amendments. Please call me should you have any questions. Sincerely, Original Signed by David Athey David M.Athey Deputy Public Works Director City of Atascadero Cc: Wade McKinney, City of Atascadero Steve Kahn, City of Atascadero Warren Frace,City of Atascadero 4 ITEM NUMBER: C - 2 DATE: 03/22/11 �rlr 11 �1918 �� .., �. l`1979� Atascadero City Council Staff Report — Administrative Services Department Historic City Hall Project Additional Alternates RECOMMENDATION: Council give Staff direction by providing a priority ranking of the attached List of Alternates for the Historic City Hall Project. DISCUSSION: As Council is aware, there are a number of elements of the Historic City Hall Project that are not funded by FEMA, and are to be done entirely at the City's expense. Several of these items would be a significant part of the restoration of the historical fabric of the building, but are not part of the repairs that are mandatory to reoccupy the building. Although it may be desirable to include all of these additional alternates in the project contracts that will be awarded during the next few months, the reality is that the amount of City funds that will be available to complete these alternates is still unknown. There are fourteen City-funded additional alternates, all of which are optional. Before receiving bids for the scopes of work that could contain these alternates, Staff is asking Council for a `wish list' on the preferred priority of these fourteen elements. In accordance with the City's Purchasing Policy, bidders will be submitting sealed bids in the coming weeks, which are to include a base bid for the basic scope of work along with bids for appropriate additional alternates. Staff will then bring forward for Council approval a contract for each bid package with the responsive bidder that has a combination of the lowest base bid plus alternates (if appropriate), based on a combination of Council's suggested priority of alternates and the availability of funds. For this reason, it is important that Council give a rank number for each alternate. Following is a list of the various alternates, in no particular order, along with the estimated cost for each and a brief description. 1) ADA Ramp #2 at North Entry - $59,000 estimate Provide additional ramp at north (Lewis Avenue) entry that will match ramp at south (Palma Avenue) entry across from the Sunken Gardens. The north entry ramp will provide ADA access when the north doors, which typically will be closed, are open ITEM NUMBER: C - 2 DATE: 03/22/11 to allow access during Council meetings or booked events and meetings in the two north conference rooms on the first floor of historic City Hall. 2) Re-opening Lower Rotunda Overlooks from Second Floor - $37,400 estimate The building originally had overlooks from the second floor circular corridor into the lower rotunda. In addition to providing a visual connection between floors, these overlooks also allowed additional natural daylight into the lower rotunda. This alternate would reopen the overlooks, and will include installation of one-hour rated glazing, to maintain the required fire rating in the building for exiting purposes. 3) Lightboxes at Lower Rotunda Third Floor Luminaires - $11,600 estimate The existing luminaires (high windows) in the lower rotunda were originally created to allow natural daylight to fill the volume of the lower rotunda, due to an intricate natural daylight concept related to skylights in the building. Over time, the skylights were removed and the building was reconfigured so natural daylight no longer filtered through to the luminaires. In lieu of reconfiguring the building, this alternate would allow light boxes to be created behind the luminaires that can provide artificial light in the lower rotunda to mimic the original natural daylighting scheme. 4) Decorative Painting of Lower Rotunda Dome - $168,000 estimate The ornate plaster ceiling in the lower rotunda is an original feature of the building that most people rarely notice. The ceiling is very elaborate with ornate coffers and detailing that is hard to discern from floor level. A decorative paint scheme for the lower rotunda would highlight the intricate features of the ceiling and enhance the overall character of the space. 5) Acoustic Treatment of Lower Rotunda Walls Option A — Stretch Fabric - $67,200 estimate Option B —Acoustic Plaster- $78,400 estimate In order to improve the acoustics of the lower rotunda, an acoustical treatment would be applied to the lower curved walls between the pilasters. The treatment could either be an acoustical fabric with absorbent backing on panels or an applied finish of acoustical plaster. 6) Pendant Light Fixtures at North and South Entries - $30,000 estimate Install new custom light fixtures in the south and north entry vestibules of the building to enhance the light levels at the primary entries. This would enhance the character of the vestibule spaces by replacing the existing surface mounted fluorescent fixtures. 7) Change Out Interior Door Types - $2,700 estimate Replace the few flat panel hollow core wood doors that had been installed in the building over the years with new wood panel doors (rail and stile) to match the remaining historic interior doors. 8) Acoustic Plaster at North and South Entry Ceilings - $13,500 estimate Replace existing direct glue acoustical tile in the north and south entry vestibules with acoustic plaster to enhance the historic character of the vestibules. ITEM NUMBER: C - 2 DATE: 03/22/11 9) Upper Rotunda Skylight Light Box - $6,700 estimate Provide lighting inside the currently abandoned skylight in the upper rotunda to mimic the natural daylighting effect of the original skylight. 10) Additional Cove Lighting at Upper Rotunda - $11,500 estimate Enhance existing florescent lighting around the topmost perimeter of the upper rotunda. This alternate would provide a continuous light source and eliminate the "scalloping" effect that has resulted from unsuitable spacing of existing light fixtures. 11) Stain Grade Wood and Stain in Lieu of Paint - $36,800 estimate Upgrade wood for upper mezzanine floor, upper mezzanine railing, and sidelights for doors that are currently stained. This would be in lieu of low grade paint finish wood for replacement elements funded by FEMA, to upgrade the wood to a higher quality stain finish that would match the historic appearance of the interior wood elements. 12) Misc. Exterior Deferred Maintenance - $194,500 estimate Provide all exterior deferred maintenance elements related to the exterior envelope of the existing building. These elements (terra cotta spalls and cracking; removing mortar droppings from previous repointing efforts; rebuilding sills that weren't properly done when additional windows were added to the building in the late 1920's; etc.) have all evolved over time and are not covered by FEMA under repair and hazard mitigation funding. 13) Landscape Restoration and Enhancements - $256,600 estimate Provide additional landscape restoration and enhancements. FEMA only pays for new grass seed. Landscape enhancements would include additional low bushes and flowering plants, plus restoration of the fountains. 14) Enhanced Lighting Plan for Entire Building - $54,500 estimate Provide appropriate interior light fixtures, given that FEMA only pays to reinstall the surface mounted florescent fixtures that were in place on the day of the event. Existing fixtures would be replaced with new fixtures that compliment the historic character of the building while providing energy efficient light sources. All fixtures would use compact fluorescent bulbs. FISCAL IMPACT: None at this time. ATTACHMENT: Exhibit A — List of Additional Alternates Exhibit A List of Additional Alternates Ranked Preference Alternate Description ADA Ramp#2 at North Entry Re-opening Lower Rotunda Overlooks from Second Floor Li htboxes at Lower Rotunda Third Floor Luminaires Decorative Painting of Lower Rotunda Dome Acoustic Treatment of Lower Rotunda Walls Pendant Light Fixtures at North and South Entries Change Out Interior Door Types Acoustic Plaster at North and South Entry Ceilings Upper Rotunda Skylight Light Box Additional Cove Lighting at Upper Rotunda Stain Grade Wood and Stain in Lieu of Paint Misc. Exterior Deferred Maintenance Landscape Restoration and Enhancements Enhanced Lighting Plan for Entire Building Please rank the 14 alternates above, giving the highest priority alternate a rank of 1, and the lowest priority alternate a rank of 14. Please be sure to give each of the above alternates a ranking number. ITEM NUMBER: C - 3 DATE: 03/22/11 ,,�SCADE$p Atascadero City Council Staff Report — Community Development Department Housing Element Annual Progress Report 2010 (PLN 2006-1133) RECOMMENDATION: Planning Commission recommends the City Council: Direct staff to submit the attached 2010 Housing Element Annual Progress Report to the State of California Department of Housing and Community Development. DISCUSSION: Background: The State of California requires all cities to file an Annual Housing Element Progress Report to the Department of Housing and Community Development (HCD). The purpose of the Housing Report is to monitor the implementation of the City's General Plan Housing Element and progress toward meeting the City's Regional Housing Needs Allocation (RHNA). The allocations are targets for the production of affordable housing for various income groups throughout the City. Table 1 State of California Income Level Definitions Very Low Income Lower Income Moderate Income Above Moderate 50% of County 80% of County 120% of County Greater than 120% of Median Median Median County Median San Luis Obispo County Median Income for a Family of Four(4): $72,500 for 2010 These regional housing allocations are required to be used by the City when updating the housing element. They are the basis for assuring that adequate sites and zoning are available to accommodate at least the number of units allocated. These housing allocation numbers are not housing unit quotas that the City must achieve within the time frame of their next housing element update, but housing targets for which the City must provide zoning and reduced obstacles to development. City Staff and City consultants have updated Atascadero's Housing Element. This updated housing element has been approved by the City Council in early 2011 and is awaiting submittal to HCD for approval. Analysis: The current allocation sets housing needs for a seven-year period ending in 2014. As of December 31, 2010, Atascadero had met approximately 38% of its total housing allocation. Of these new units, the City issued building permits on 13 new residential units in 2010. Of these units, two (2) units for very low income residents were a direct result of the Council's Downtown Redevelopment Housing initiative, and one (1) unit was considered moderate income because of the formula established for 2nd unit calculation. The remaining ten units were considered above moderate or market rate units. To date, the City has met approximately 11% of the requirement for moderate housing (10 units) and 12% for low housing (9 units). The City has met approximately 7% (8 units) for very low housing needs for the 2007-2014 reporting period. These percentages only reflect units that have been issued a building permit and do not reflect entitled units or the units from the various projects that have been approved. Table 2 2007-2014 Atascadero Share of Regional Housing Need (RHNA) Very Low Low Moderate Above Moderate Total 2007-2014 Reporting Period Totals 106 74 88 194 462 n Permitted Units Issued 2 0 0 121 123 NSecondary Units Issued 0 9 2 0 11 Subtotal 2 9 2 121 134 00 Permitted Units Issued 4 0 0 14 18 NSecondary Units Issued 0 0 4 0 4 Subtotal 4 0 4 14 22 Permitted Units Issued 0 0 0 4 4 N Secondary Units Issued 0 0 3 1 4 Subtotal 01 0 3 5 8 c Permitted Units Issued 2 0 0 10 12 NSecondary Units Issued 0 0 1 0 1 Subtotal 2 0 1 101 13 Total Units Issued 2007-2010 8 91 10 1501 177 Remaining RHNA 1 981 651 781 441 285 Larger approved projects such as Dove Creek, and West Front Village are restarting construction activities to finish off un-built units. Many of these large scale projects halted construction activities in 2008 due to the significant tightening of credit and capital, and the downturn of the housing market. These larger projects include affordable housing production requirements as a part of their conditions of approval. In addition to some of the larger developments, other smaller developments have been picked up out of foreclosure such as Regio Place, The Villas at Montecito, and Oak Grove Phase II. These also contain additional affordable housing units however these project have building permits that have been issued previously in years prior to 2007 will not be counted for the purposes of this reporting cycle. 2010 Affordable Housing Production Calendar year 2010 saw an increase in building production by 30% versus 2009. While the increase in the number of building permits is welcomed news, these numbers pale in comparison to pre-economic downturn building permit numbers. Similar to many national trends, the City saw little development in new units due to a lack of demand. The City issued 13 residential building permits for new housing unit construction. Of the total building permits issued, one (1) second unit is considered affordable for the moderate income level group. This group is defined as "affordable" if the cost per square foot for a typical rent in Atascadero ($1.09/sf based on the San Luis Obispo Multi-Family Housing Rental Survey) multiplied by the square footage of the second unit. If the rent falls within an income category, that unit is deemed affordable for that income type. The median home price in Atascadero for a new or existing home in 2010 according the California Realtors Association was $308,657. This median home price still gives the ability for moderate income wage earners to become homeowners for the first time in many years. With the median home price expected to increase slightly or remain flat for 2011, the affordability for new or existing homes remains high for the City. Conclusion: The City expects a slight increase in construction activity for 2011. This includes limited new development from individual lot owners and an increase in affordable housing for very low, low, and moderate income units as existing projects that were approved with the inclusionary policies restart construction. FISCAL IMPACT: None. ATTACHMENTS: 1 2010 Housing Element Annual Progress Report Submittal to HCD 2 2010 RHNA Income Limits Attachment 1: 2010 Housing Element Annum Progress Report Submittal to HCD k� ! } OC f } ({ ) / x ® I /{ ] % _ # ! x _ !2 ■I �~ } \ \ \ § / e E . a LU r z @ E | Uj �7 I 2 f } } < Z k> � � | ■ o - - oo0000 _ & 7 f - f a i ■ ® k 15 ` , . ! / { \ } \ � I$ ! § | � lpp � f ; 2l ; ! { � $ X22 , | § s 06 � ;i - !k u ^ |\ - |{ w Cif - � LLI f : \ ) 3 Of 0 22 ■§ ){ ) ( _ � ; ' §s mea j | \ j \ !f E j / ) 9 ° {j _jIm k ) � a UE | � - } ! { ƒ | ! is ! L } } & �i I !. � En { ! A ƒ tQ k 2 2 2 r LU \ { / LU % k & !. 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LU .E _ � A o J ! u m 2 = § z ! « | [ + 2 \ e 2 Ek - #{ § 2k z! lu ■ k\ � ! E k # § ■ § L V a O CL IZo w w � N O O CL CIND z d z d U w W J a1 J � Q Z Z z Q 0 0 H W Q C U 4 � o E c a E .2 m U p C y Attachment 2: 2010 Housing Element Annual Progress Report Submittal to HCD 3-.ATE s.SL1=CRNLA-6USI���$$,Jp,E,N�PO�-A-�f.AIJC-OUSIPIG AG6NC DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Housing Policy Development t B;i-h n_Styr,S Wte-.30 �. ,9'6'.22321i- FAX FZ16 32--2612 wwn.r c0.rayr; MEMORANDUM DATE: June 17,2010 TO: InterestedParti FROM: ?Divi VnoCfHousing reswell, Deputy Director Policy Development SUBJECT: Official State Income Limits for 2010 Attached are the official State Income Limits for 2010 for all counties reflecting extremely low-,very low-, low-,median-,and moderate-income levels for households of various sizes. The income limits are posted at the Department of Housing and Community Development's (Department)website<htto://www.hcd.ca.aov/hnd/hmJreo/state/incNote.htmh and replace those in effect until this posting. Official State Income Limits apply to designated programs and are to be used to determine applicant eligibility(based on level of household income)or to calculate housing cost amounts for housing assistance programs. Note that use of official State Income Limits is subject to a particular program's definition of income,family,family size,effective dates,and other factors. Also,definitions applicable to income categories, criteria,and geographic areas sometimes differ depending on funding source and program resulting in some programs using other income limits. California Health and Safety Code(H&SC) provides that income limits for extremely low-(H&SC 50106),very low-(H&SC 50105),and low-(H&SC 50079.5)income categories not exceed equivalent levels established by the U.S. Department of Housing and Urban Development(HUD)for its Section 8 Housing Choice Voucher(HCV) Program. Pursuant to State law,the Department is required to publish these State income limits after HUD's release of its new income limits which occurred on May 14,2010. California H&SC 50093(c) requires the Department to file any changes that revise Section 6932 of Title 25 of the California Code of Regulations with the Office of Administrative Law. The changes contain:(1)HUD updates to area median incomes and income limits applicable to extremely low-,very low-,and low-income households and, (2) Department adjustments to some area median incomes and income limits for moderate-income households. If you have any questions concerning these income limits,please contact Department staff at(916)445-4728. Attachment Income Limits Pursuant to Title 25,§6932 California Code of Regulations(CCR) Methodology The extremely low-,very low-,and low-income limits contained in California Code of Regulations Section 6932 equal the extremely low-,very low-,and low-income limits established by the U.S. Department of Housing and Urban Development(HUD)for use in its Section 8 Housing Choice Voucher Program. For moderate-income limits, the Department sets the limits at 120 percent of the median income figure for household size. For some counties,the Department increased the median figure to equal the State non-metropolitan median (S56,300),as HUD specifies that income limits for non-metropolitan areas not be less than the State non-metropolitan median family income level. HUD's FY 2010 methodology used to produce FY 2010 Median Family Incomes(MFI) is unchanged from FY 2009;however, beginning FY 2010, HUD did make a policy change to eliminate its"hold harmless"policy(that is separately described in the next section). Data from the Bureau of Census American Community Survey(ACS)has been updated from 2007 three-year data to 2008 three-year data.The factor used to trend the 2008 estimates to the midpoint of FY 2010 MFIs is unchanged at 3 percent per year.This trend, produced last year using the annualized change in the ACS national median family income estimate between 2000 and 2007,does not change using the 2008 national estimate in place of the 2007 estimate,so the trend factor is also unchanged from last year. As outlined last year in determining median family incomes, HUD shifted from use of one-year ACS data to three-year ACS data. HUD uses three-year estimates to smooth out year-to-year fluctuations in MFIs that impact programs relying on these parameters. This smoothing effect is particularly important in times of economic turbulence. Income limits are determined for metropolitan statistical areas(MSAs) and non- metropolitan counties. Where an area or county has a condition that warrants special consideration,called an exception, HUD adjusts the limit for an income category. Upward adjustments are made either to the level of the statewide median for non- metropolitan areas for high housing costs or because of a historical exception. Adjustments to the low-income limit are capped by the U.S. median. Policy Change Beginning with FY 2010 Income Limits, HUD eliminated its long standing"hold harmless" policy of maintaining and not adjusting income limits when decreases in median family income occur. Therefore, HUD no longer sets the 4-person median amount at the higher of normal income limit calculations or the previous year's income limits. HUD's new policy is to control both decreases and increases to the 4-person very-low and low income limits by holding decreases to 5 percent and increases to the greater of 5 percent or twice the change in the national median family income. Notice of this change can be found in the Federal Register notices of September 14,2009,and October 7, 2009,that solicited public comments on HUD's proposal to discontinue its"hold harmless"policy and the Federal Register notice of May 17,2010. Income Limits Pursuant to Title 25, §6932 California Code of Regulations(CCR) Page 2 Generally, but not always,the area median income (AMI) is the greater of either the: 1) median family income for a county's metropolitan statistical area or for the non- metropolitan county;2)statewide median family income for non-metropolitan counties (S56,300 for 2010);or 3)AMI of the prior year. Once HUD establishes the very low- income limits,they are then used to determine the limits for extremely low-and low- income categories. HUD's 4-person very low-income limit usually equals 50 percent of MFI. Also, in most cases,the 4-person median income limit equals two times HUD's 4-person very low-income limit, except when an adjustment has been made. In some counties, adjustments and rounding conventions cause the 4-person median income limit to be less than two times the 4-person very low-income limit. Although many 4-person low-income limits equal 80 percent of area median income, HUD's briefing materials specify that the low-income limits actually are based on very low-income limits by calculating 160 percent of the relevant 4-person very low-income limit,with some HUD exceptions. An exception for some high income areas means that the 4-person low-income limit is different from what the 160 percent calculation would yield because a maximum, or cap,was applied by HUD. An exception for high housing costs relative to incomes means that, although HUD may have raised the low-income limit for an area, HUD may not have raised the limit for the very low-income category. In sum,what is called,for example,an "80%'limit cannot be assumed in all cases to equal 80 percent of the AMI or 4-person median income limit nor 160 percent of the very low-income limit due to HUD's adjustments. California's extremely low-income limits are HUD's limits for"30%of Median". HUD calculates its"30%of Median"limits using 60 percent of the relevant very low-income limits, but with a floor set at the minimum Supplemental Security Income(SSI). Income limits for all income categories are adjusted for household size so that larger households have higher income limits than smaller households. For all income categories,the income limits for household sizes other than 4-persons are calculated using the 4-person income limit as the base. HUD's adjustments use the following percentages,with results rounded to the nearest$50 increment: Number of persons in Household: 1 2 3 4 5 6 7 8 Adjustments: 70% 800% 900% Base 108% 116% 124% 132% For households of more than eight persons, refer to the formula at the end of the table of the 2010 Income Limits. Due to the adjustments HUD can make between income limits in a given county,these tables should be the only method of determining eligibility. Arithmetic calculations are applicable only when a household has more than eight members. References: FY 2010 HUD Income Limits Transmittal Notice PDR-2009-02 issued May 14, 2010 and FY 2010HUD Income Limits Briefing Material dated May 13,2010 available at<http ':'www.huduser.orWportal:'datasets!'iL`i110;'index.html>. Income Limits Pursuant to Title 25, § 6932 California Code of Regulations (CCR) Page 3 Applicability of Income L mits Applicability of official State Income Limits is subject to particular programs as program definitions of such factors as income, family, and household size, etc., vary. Some programs, such as M.,Itifamily Tax Subsidy Projects, use different income limits. For Multifamily Tax Suosidy Projects (MTSPs), separate income limits apply oer provisions of the Housing and Economic Recovery Act (HERA) of 2008 (Publ c Law 110-289). Income limi's for MTSPs are used to determine qualification levels as well as set maximum rental rates `or projects funced with tax credits authorized under Section 42 of the Internal Revenue Code (Code). Also, MTSP income limits apply to projects financed with tax exempt housing ponds issued:o provide qualified res dentia) rental development under Section 142 of the Code. These income limits are available at this weblink<http:i.,www.huduser.orgydatasets,'mtsp.htmh. State Income Limits for 2010 5 of 7 Number of Persons in Household County Income Category 1 2 3 4 5 6 7 8 San Diego County Extremely Low 16,500 18,850 21,200 23.550 25.450 27,350 29.250 31.100 Area Median Income: Very Low Income 27.500 31,400 35,350 39.250 42.400 45,550 48,700 51.850 75,500 Lower Income 44,000 50,250 56,550 62.800 67.850 72,850 77,900 82.900 Median Income 52.850 60,400 67,950 75.500 81.550 87,600 93,600 99.650 Moderate Income 63,400 72,500 81,550 90.600 97.850 105,100 112.350 119.600 San Francisco County Extremely Low 22,600 25,800 29,050 32.250 34,850 37,450 40.000 42.600 Area Median Income: Very Low Income 37.650 43,000 48.400 53,750 58.050 62,350 66,650 7a-95o 9.400 Lawer Income 60,200 68,800 77,400 86,000 92.900 99,800 106,650 113.550 Median Income 69,600 79,500 89,450 99.400 107,350 115,300 123,250 131,200 Moderate ncome 837500 95,450 107,350 1191300 128,850 138,400 147,950 157,500 San Joaquin County Extremely Low 13,300 15,200 17,100 18.950 20.500 22,000 23,500 25.050 Area Median Income: eery Low Income 22,100 25,250 28,400 31,550 34,100 36,600 39,150 41.650 63,100 Lower Income 35,350 40,400 45,450 50,500 54,550 58,600 62,650 66.700 Median Income 44,150 50,500 56,800 63.100 68,150 73,200 78,250 83.300 Moderate Income 53.000 60.550 68,150 75,700 81.750 87,800 93,850 99.900 San Luis Obispo County Extremely Low 15,250 17,400 19,600 21.750 23,500 25,250 27,000 28.750 Area Median Income: Very Low Income 25,400 29,DDD 32,650 36.250 39.150 42,050 44,950 47.850 72.500 Lower Income 40.600 46,400 52,200 58,000 62,650 67,300 71,950 76.600 Median Income 50,750 58.DDD 65,250 72,500 78.300 84,100 89,900 95-700 Moderate Income 60,9017 69,60D 78,300 87,000 93,950 100,900 107,900 114.850 San Mateo County Extremely Low 22.600 25.800 29,050 32.250 34,850 37,450 40,000 42600 Area Median Income: Very Low Income 37.650 43.DDD 48,400 53.750 58,050 62,350 66,650 70.950 :9,400 Lower Income 60,200 68,800 77,400 86,000 921900 99,800 106,650 113.550 Median Income 69,600 79,500 89,450 99.400 107,350 115,300 123.250 131,200 Moderate Income 83.500 95,450 107,350 119.300 128,850 138,400 147.950 157.501) Santa Barbara CoLn:y Extremely Low 15,550 17.800 20,000 22.200 24.OD0 25,800 27,550 2935D Area Median ncome: Very Low Income 25,900 29.600 33,300 37.000 40,000 42,950 45.900 48.850 71.400 Laver Income 41,450 47.400 53,300 59.200 63,950 66,700 73,450 78.150 Median Income 50.000 57,100 64,250 71.400 77,100 82,800 88,550 94.250 Moderate income 60.000 68,550 77,150 85.700 92,550 99,400 106,250 113.100 Santa Gara County Extremely Low 21.750 24.850 27,950 31.050 33,550 36,450 38,550 41.000 Area Median Income: Very Low Income 36,250 41740D 46,600 51.750 55.900 60,050 64,200 68.350 103.500 Lower Income 56,5017 64,600 72,650 80.700 87.200 93,650 100,100 106.550 Median ncome 72.450 82,800 93,150 103.500 111,800 120,050 128.350 136.600 Moderate ncome 86,950 99,350 111,800 124.200 134,150 144,050 154.000 163.950 Santa Cruz County Extremely Low 20300 23,2DD 26,100 28.950 31.300 33,600 35,900 38.250 Area Median Income: '•:Ery Low Income 33,800 38.60D 43,450 48.250 52,150 56,000 59,850 63.700 64.200 Laver Income 54,050 61,800 69,500 77.200 83.400 89,600 95,750 101,950 Median Income 58;950 67,350 75,800 84.200 90.950 97,650 104.400 111.150 Moderate Income 70.750 80.650 90,950 101.050 109.150 117,200 125.300 133.401) Shasta County Extremely Low 11,850 13.550 15,250 16.900 18,300 19,650 21,000 22.350 Area Median Income: Very Low Income 19,750 22.550 25,350 2x.150 30.450 32,700 34,950 37.200 55.300 Laver Income 31,550 36,050 40,550 45,050 48.700 52,300 55.900 59.500 Median Income 39.400 45.050 50,650 56.300 60.800 65,300 69,800 74.300 Moderate Income 47.300 54.050 60,800 67.550 72.950 78,350 83.750 89.150 Mote:See instructixmslexample on last page to determine income limit for households larger than 6 persons t:\-06 pins\pin 2006-1133 annual housing report\annual housing report 2010\cc-sr-2010housingreport-ac.doc