RESOURCE MANAGEMENT AGENCY-(To be heard at 9:00AM or as soon thereafter as the matter may be heard).

Hold Public Hearing: Adopt Ordinance Establishing Water Conservation Requirements within the CSA 31 for the 2017-18 Water Year and taking other related action.

SBC FILE NUMBER: CSA #31

ORDINANCE NO: 957

On July 8, 2014, the Board of Supervisors adopted a Water Conservation Ordinance 927, for County Service Area No. 31.  Due to the limited allotment of Blue Valve Water for the San Benito County Water District, it is again necessary to establish mandatory water allocations for the 2017-18 Water Year.  

The proposed ordinance will establish mandatory water allocations for the 2017-18 water year (e.g. through February 28, 2018).  These allocations are set forth in Exhibit "C" of the proposed ordinance.  

CEQA FINDINGS

Environmental Review:  Based on the record before it, the San Benito County Board of Supervisors hereby finds that the proposed ordinance does not constitute a project subject to the requirements of environmental review under the California Environmental Quality Act (CEQA) (California Public Resources Code section 21084 et seq.), because the proposed ordinance is not a “project” as defined as “…an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment…” (Pub. Res. Code §21065.) and is not a project as defined by §15378 (b) as it is (1) general policy and procedure making, (2) does not involve commitment to any specific project, (3) is not growth inducing, and (4) will not result in a direct or indirect physical impact/change(s) on the environment.  The proposed ordinance adds enforcement mechanisms to conserve water and to allocate the finite water supply within the CSA 31.  

However, based on the record before it, the Board of Supervisors hereby further finds that if the proposed ordinance was considered to be project under CEQA’s definition, it would nevertheless be deemed exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) of the 2014 CEQA Guidelines, which states that “[a] project is exempt from CEQA if … [t]he activity is covered by the general rule that CEQA applies only to projects, which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.”  The Board finds that it can be seen with certainty that there is no possibility that the Ordinance will result in a significant effect on the environment, and notes that this ordinance will have the effect of limiting rather than authorizing the use of water supplies and resources.   Further the Board of Supervisors further finds that this Ordinance and actions taken hereafter pursuant to this Ordinance are exempt from the California Environmental Quality Act pursuant to the California Code of Regulations, Title 14, Section 15301 and Section 15307 of the State CEQA Guidelines since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption.

(After staff reads the title of the ordinance for the record: "An Ordinance of the County of San Benito Establishing a Water Conservation Program for the Area served by County Service Area No. 31" for the 2017-18 Water Year)

It is recommended that the Board of Supervisors:

1.  Hold a Public Hearing on proposed water conservation ordinance; and,

2. Make a motion to:

a) make the CEQA findings set forth in the agenda item transmittal;

b) accept introduction and waive further reading of the ordinance; and,

c) adopt Ordinance, establishing a Water Conservation requirements for County Service Area No. 31 for the 2017-18 Water Year; and

d) Order display ad be published as allowed by law.