ORDINANCE NO._______________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,

STATE OF CALIFORNIA

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AN URGENCY ORDINANCE AMENDING, ON AN INTERIM BASIS, CHAPTER 4.68 OF THE SAN MATEO COUNTY ORDINANCE CODE TO PROHIBIT THE ISSUANCE OF PERMITS FOR THE CONSTRUCTION OF WATER WELLS IN CERTAIN AREAS OF THE SAN MATEO COUNTY MIDCOAST

The Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows

SECTION 1. Findings and Declarations.

The Board of Supervisors of the County of San Mateo finds and declares as follows:

1.

Because of the lack of service connections provided by water districts within the Midcoast area of San Mateo County and concerns about potentially limited sources of groundwater available in that area, the County’s Board of Supervisors determined that comprehensive study of hydrogeological conditions in that area should be undertaken. As a component of such study, the County retained Kleinfelder Consultants to perform a San Mateo County Midcoast Groundwater Study, Phase II. Kleinfelder has completed this study, which is the second phase of the County’s assessment of Midcoast groundwater conditions. The Kleinfelder study has been reviewed and considered by County staff and this Board.

2.

The Kleinfelder study identifies eight groundwater subbasins that are further divided into twenty-one subareas. In its study, Kleinfelder developed generalized water balance models for the various subbasins and subareas, based on aquifer characteristics, average pumping rates, and rainfall amounts over a fifty year time period.

3.

In its study, Kleinfelder presents data indicating that, given current usage rates, Midcoast aquifers that have groundwater surpluses in average rainfall years can have a deficit in dry years; that current pumping rates have lowered the water table in many aquifers to near sea level during dry years, posing risk of saltwater intrusion; and that groundwater deficits may occur more frequently in the granitic aquifers underlying parts of the Coastside than in other aquifers.

4.

The Kleinfelder report also recommends that the County undertake further study and analysis of data to better define the hydrology of the Midcoast. This Board has determined that such further study should be undertaken and, consequently, a Phase III San Mateo County Midcoast Groundwater Study is presently underway. The Phase III Study includes, among other things, groundwater monitoring, stream gauging, and work necessary for possible development of a groundwater management plan. The Phase III study will provide the Couty with information that will allow it to assess the long term effects and viability of allowing further pumping of groundwater in certain areas of the Midcoast.

5.

Based on the information available to date, including in the Kleinfelder study, this Board hereby finds that the current regulations in Chapter 4.68 of the San Mateo County Ordinance Code should be amended, on an interim basis, to enhance the protection of certain sensitive subareas of the aquifers in the Midcoast from overutilization and associated risks, such as aquifer depletion or saltwater intrusion. Specifically, this Board has determined that, during the time necessary to complete further studies on the effects that additional pumping of groundwater will have on these certain sensitive subareas of aquifers located in the Midcoast, no further permits should be issued for water wells in those subareas.

6.

Given the findings and declarations above, this Board hereby finds and declares that there is a current and immediate threat to the public welfare that would result from the issuance of permits for water wells in the following subareas and subbasins of aquifers located on the Coastside, as identified in the Kleinfelder report: the Lower Moss Beach Subarea, the Dean Creek subarea, the Upper Moss Beach Subarea, the Lighthouse Subarea, the Portola Subarea, the Lower Montara Creek Subarea, and the Montara Terrace Subbasin. The Board further finds and declares that the current and immediate threat to public welfare will be alleviated if such wells in these areas are made subject to interim regulations restricting the issuance of permits for water wells as set forth in this interim ordinance pending completion of the Phase III Midcoast Water study which will address the long term effects and viability of permitting further water wells in these areas.

7.

This Board further finds and declares that the adoption of the interim regulations set forth herein is exempt from environmental review under the California Environmental Quality Act under section 15061(b)(3) of Title 14 of the California Code of Regulations because there is no possibility that the interim regulations, which impose further restrictions on development, will have the potential for causing a significant effect on the environment.

8.

This Board further finds that each of the provisions of the interim regulations furthers the purpose of reducing the threat to the public welfare represented by the additional pumping of groundwater by wells located in the Lower Moss Beach Subarea, the Dean Creek subarea, the Upper Moss Beach Subarea, the Lighthouse Subarea, the Portola Subarea, the Lower Montara Creek Subarea, and the Montara Terrace Subbasin.

SECTION 2. For the interim period in which this Ordinance is in effect, Chapter 4.68 of the San Mateo County Ordinance Code shall be amended to add Section 4.68.085, which shall read as follows:

4.68.085 Prohibition on issuance of permits for water well in certain areas of the San Mateo County Midcoast

Notwithstanding section 4.68.080, no permits shall be issued under this Chapter 4.68 authorizing the digging, boring, reperforation, excavation, construction, reconstruction, or conversion of any water wells in the following subareas and subbasins of aquifers located on the Coastside, as identified in Plate 6 of the Kleinfelder San Mateo County Midcoast Groundwater Study, Phase II, dated January 8, 2007 (revised October 2008): the Lower Moss Beach Subarea, the Dean Creek subarea, the Upper Moss Beach Subarea, the Lighthouse Subarea, the Portola Subarea, the Lower Montara Creek Subarea, and the Montara Terrace Subbasin. Notwithstanding the foregoing, nothing in this section 4.65.085 shall prohibit the issuance of a permit under Chapter 4.68 for the drilling of a water well to replace a permitted well existing as of December 1, 2009 on an existing parcel to serve an existing residence.

SECTION 3. This Ordinance shall be in full force and effect upon its adoption, and shall be of no further force and effect forty-five (45) days from its date of adoption.

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