Chapter 5

PUBLIC SERVICES AND UTILITIES ELEMENT

INTRODUCTION

Although the Public Services and Utilities Element, as a separate and distinct element, is not required by State law, the subjects addressed here are critical to the County's future growth and development. The rapid rate of growth experienced by El Dorado County over the last decade has left many of the County's public services straining to meet demand. Many of the public services are currently operating close to or exceeding capacity level. The purpose of the Public Services and Utilities Element is to promote a pattern of development which maximizes the use of existing services while minimizing the costs of providing new facilities and services.

The subjects discussed in this element include those which would be addressed in both mandatory and optional elements. Section 65302(d) of the Government Code requires the preparation of an element for the conservation, development, and utilization of natural resources including water. This element must be developed in coordination with the County Water Agency and with all districts and agencies which have developed, served, controlled, or conserved water for any purpose. Government Code Section 65302(a) requires the designation of lands used for solid waste facilities, education, and public buildings and grounds. The remaining subject areas of this element are authorized by Section 65303 of the Government Code. This section states that "The general plan may include any other elements or address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county. . . ."

RELATIONSHIP TO OTHER ELEMENTS

This element is directly related to the Land Use, Conservation and Open Space, Parks and Recreation, and Public Health, Safety, and Noise Elements of the General Plan. Additionally, the Circulation Element has some relation to this element.

ORGANIZATION OF THE ELEMENT

The Public Services and Utilities Element includes many subject areas because of their relation to the provision of basic services required by all types and densities of development. The element is divided into nine sections including provision of public services, water supply, wastewater collection and treatment, storm drainage, solid waste, utility services, emergency services, schools, and library services, and cultural facilities.

POLICY SECTION

PROVISION OF PUBLIC SERVICES

Provide and maintain a system of safe, adequate, and cost-effective public utilities and services; maintain an adequate level of service to existing development while allowing for additional growth in an efficient manner; and, ensure a safe and adequate water supply, wastewater disposal, and appropriate public services for rural areas.

OBJECTIVE 5.1.1: PLANNING

Ensure that public infrastructure needs are anticipated and planned for in an orderly and cost effective manner.

• Policy 5.1.1.1
  The County, in cooperation with other affected service providing agencies, shall develop long-range facilities plans for public services and utilities including water supply, wastewater treatment and disposal, solid waste disposal capacity, storm drainage, and schools. The Capital Improvement Program (CIP) for the County road system shall be coordinated with the infrastructure plan of the above services and utilities.
• Policy 5.1.1.2
  The County shall review the Capital Improvement Plans of all public service and infrastructure entities to ensure coordination with the General Plan in order to maintain an adequate level of service.

OBJECTIVE 5.1.2: CONCURRENCY

Ensure through consultation with responsible service and utility purveyors that adequate public services and utilities, including water supply, wastewater treatment and disposal, solid waste disposal capacity, storm drainage, fire protection, police protection, and ambulance service are provided concurrent with discretionary development or through other mitigation measures provided, and ensure that adequate school facilities are provided concurrent with discretionary development to the maximum extent permitted by State law. It shall be the policy of the County to cooperate with responsible service and utility purveyors in ensuring the adequate provision of service. Absent evidence beyond a reasonable doubt, the County will rely on the information received from such purveyors and shall not substitute its judgment for that of the responsible purveyors on questions of capacity or levels of service.

• Policy 5.1.2.1
  Prior to the approval of any discretionary development, the approving authority shall make a determination of the adequacy of the public services and utilities to be impacted by that development. Where, according to the purveyor responsible for the service or utility as provided in Table 5-1, demand is determined to exceed capacity, the approval of the development shall be conditioned to require expansion of the impacted facility or service to be available concurrent with the demand, mitigated, or a finding made that a CIP project is funded and authorized which will increase service capacity.
• Policy 5.1.2.2
  Provision of public services to new discretionary development shall not result in a reduction of service below minimum established standards to current users, pursuant to Table 5-1.

The following Levels of Service shall apply to the review of discretionary projects.

TABLE 5-1 MINIMUM LEVELS OF SERVICE
	Community Region	Rural Center and Rural Region
Public water source	As determined by purveyor	As determined by purveyor, when applicable
Private wells	Environmental Management	Environmental Management
Public water treatment capacity	As determined by purveyor	As determined by purveyor
Public sewer treatment capacity	As determined by purveyor	As determined by purveyor
On-site sewage disposal	Environmental Management	Environmental Management
Storm drainage	Department of Transportation	Department of Transportation
Solid waste	Environmental Management	Environmental Management
County and State road circulation system	E	E
Schools	As determined appropriate by the school districts	As determined appropriate by the school districts
Parks	Specific plan for new communities or Quimby Fee/dedication program for tentative maps	Quimby Fee/dedication program for tentative maps
Fire district response	8 minute response to 80% of the population	15-45 minute response
Sheriff	8 minute response to 80% of the population	No standard
Ambulance	10 minute response to 80% of the population	20 minute response in Rural Regions and "as quickly as possible" in wilderness areas* *In accordance with State standards

• Policy 5.1.2.3
  New development shall be required to pay its proportionate share of the costs of infrastructure improvements required to serve the project to the extent permitted by State law. Lack of available public or private services or adequate infrastructure to serve the project which cannot be satisfactorily mitigated shall be grounds for denial of any project or cause for the reduction of size, density, and/or intensity otherwise indicated on the General Plan land use map to the extent allowed by State law.
• Policy 5.1.2.4
  Service standards for public services and emergency services in Rural Centers and Rural Regions are different than in Community Regions based on lower intensity and density of land use.

OBJECTIVE 5.1.3: EFFICIENT DEVELOPMENT PATTERN

Promote a development pattern that permits the efficient delivery of public services in a cost- effective manner.

• Policy 5.1.3.1
  Growth and development and public facility expenditures shall be primarily directed to Community Regions and Rural Centers.
• Policy 5.1.3.2
  The Capital Improvements Plan (CIP) of the County and other service purveyors shall emphasize capacity in providing infrastructure in Community Regions and Rural Centers. The CIP shall emphasize health and safety improvements over capacity in Rural Regions.

WATER SUPPLY

The development or acquisition of an adequate water supply consistent with the geographical distribution or location of future land uses and planned developments.

OBJECTIVE 5.2.1: COUNTY-WIDE WATER RESOURCES PROGRAM

Establish a County-wide water resources development and management program to include the activities necessary to ensure adequate future water supplies consistent with the General Plan.

• Policy 5.2.1.1
  The El Dorado County Water Agency shall support a County-wide water resources development and management program which is coordinated with water purveyors and is consistent with the demands generated by the General Plan land use map.
• Policy 5.2.1.2
  An adequate quantity and quality of water for all uses, including fire protection, shall be provided for with discretionary development.
• Policy 5.2.1.3
  All medium-density residential, high-density residential, multifamily residential, commercial, industrial and research and development projects shall be required to connect to public water systems when located within Community Regions and to either a public water system or to an approved private water systems in Rural Centers.
• Policy 5.2.1.4
  Rezoning and subdivision approvals in Community Regions or other areas dependent on public water supply shall be subject to the availability of a permanent and reliable water supply.
• Policy 5.2.1.5
  Approval of development projects requiring annexations to water districts in Rural Regions may only occur if groundwater sources are not available to serve, or are unable to continue serving, the development, or if existing infrastructure abuts the property and sufficient water is available to serve the annexed area.
• Policy 5.2.1.6
  Priority shall be given to discretionary developments that are infill or where there is an efficient expansion of the water supply delivery system.
• Policy 5.2.1.7
  In times of declared water shortages, the Board of Supervisors shall give priority within the affected water district to approving affordable housing and non-residential development projects.
• Policy 5.2.1.8
  The preparation and approval of specific plans may occur without the availability of water guarantees. The timing for water guarantees shall be established within the policies of each specific plan consistent with Policy 5.2.1.4.

OBJECTIVE 5.2.2: COMMUNITY WATER SYSTEMS WITHIN RURAL CENTERS

Within Rural Centers, allow for development based upon private or community water systems.

• Policy 5.2.2.1
  Community water systems and/or package water treatment plants may be considered an acceptable alternative to public water service within Rural Centers.

OBJECTIVE 5.2.3: GROUNDWATER SYSTEMS

Demonstrate that water supply is available for proposed groundwater dependent development and protect against degradation of well water supplies for existing residents.

• Policy 5.2.3.1
  The County Well Ordinance and/or other County requirements regulate the installation of new private wells.
• Policy 5.2.3.2
  New private wells shall be tested pursuant to the County Well Ordinance and/or other County requirements to ensure a safe and reliable water supply.
• Policy 5.2.3.3
  The County shall develop and maintain a map and data base of private well water production and other appropriate information.
• Policy 5.2.3.4
  Applications for divisions of land and other discretionary land uses which rely on groundwater for domestic use shall demonstrate that groundwater is adequate as part of the review and approval process.
• Policy 5.2.3.5
  The average residential density shall not be greater than one dwelling unit per five acres in proposed groundwater dependent developments except in areas known to have groundwater supply limitations. In those areas, a minimum parcel size of ten acres or larger may be required if it is demonstrated such larger parcels are necessary to limit the impact on groundwater supply in the area.
• Policy 5.2.3.6
  During the five years after adoption of the General Plan, the County shall assess and analyze the well data gained since the permit process started in 1990. Such data should be used to identify areas of likely groundwater supply limitations. At the completion of this analysis period, the County should determine if the General Plan uses within the areas of water supply limitation are compatible with identifiable supply limitations and modify the General Plan uses, if necessary.

WASTEWATER SYSTEMS

An adequate and safe system of wastewater collection, treatment, and disposal to serve current and future County residents.

OBJECTIVE 5.3.1: WASTEWATER CAPACITY

Ensure the availability of wastewater collection and treatment facilities of adequate capacity to meet the needs of multifamily, high, and medium density residential areas, and commercial and industrial areas.

• Policy 5.3.1.1
  High-density and multifamily residential, commercial, and industrial projects shall be required to connect to public wastewater collection facilities as a condition of approval except in Rural Centers and areas designated as Platted Lands (-PL). In the community Regions of Georgetown and Camino/Pollock Pines, the long term development of public sewer service shall be encouraged to be developed; however, development projects will not be required to connect to wastewater collection facilities where such connection is infeasible, based on the scale of the project. (Res. No. 298-98; 12/8/98)
• Policy 5.3.1.2
  The creation of lots less than five acres in size in Medium Density Residential areas relying on on-site septic systems shall only occur when a public water supply is available for domestic use. If public water is not available, such lots shall not be less than five acres.
• Policy 5.3.1.3
  Private community wastewater collection and on-site disposal systems and/or package wastewater treatment plants may be considered an acceptable alternative to traditional wastewater treatment for mobile home parks, commercial and industrial centers, and multiple family residential in Rural Centers.
• Policy 5.3.1.4
  Public community wastewater collection and on-site disposal systems in remote areas may be considered where the geology may not be conducive to constructing individual sewage disposal systems.
• Policy 5.3.1.5
  Standards for on-site septic systems for second dwellings should be upgraded requiring these units to meet the same sizing capacity and replacement area requirements as the primary dwelling. Additionally, when a temporary mobile home is occupied for more than six months and is connected to an on-site system, the on-site system must be upgraded to meet current standards and be expanded to accommodate the increased capacity as may be required by Environmental Management.

OBJECTIVE 5.3.2: RURAL SEWAGE DISPOSAL/ALTERNATIVE WASTEWATER SYSTEMS

Ensure the development of efficient and environmentally safe individual sewage disposal systems in rural areas while encouraging and promoting alternative and innovative wastewater treatment.

• Policy 5.3.2.1
  Promote and support programs to educate homeowners on the care and maintenance of individual sewage disposal systems.
• Policy 5.3.2.2
  Alternative rural wastewater systems should be reviewed by Environmental Management to determine applicability in El Dorado County. Any applicable systems shall be included in the County Zoning Ordinance.
• Policy 5.3.2.3
  Consider private community wastewater collection and on-site disposal systems and/or package wastewater treatment plants as an acceptable alternative to traditional wastewater treatment if managed by a public entity.

STORM DRAINAGE

Manage and control storm water runoff to prevent flooding, protect soils from erosion, prevent contamination of surface waters, and minimize impacts to existing drainage infrastructure.

OBJECTIVE 5.4.1: DRAINAGE AND FLOOD MANAGEMENT PROGRAM

Initiate a County-wide drainage and flood management program to prevent flooding, protect soils from erosion, and minimize impacts on existing drainage facilities.

• Policy 5.4.1.1
  Require storm drainage systems for discretionary development that protect public health and safety, preserve natural resources, prevent erosion of adjacent and downstream lands, prevent the increase in potential for flood hazard or damage on either adjacent, upstream or downstream properties, minimize impacts to existing facilities, meet the National Pollution Discharge Elimination System (NPDES) requirements, and preserve natural resources such as wetlands and riparian areas.
• Policy 5.4.1.2
  Discretionary development shall protect natural drainage patterns, minimize erosion, and ensure existing facilities are not adversely impacted while retaining the aesthetic qualities of the drainage way.
• Policy 5.4.1.3
  The County will evaluate the funding requirements for a maintenance, operation, and infrastructure replacement program for regionally effective storm water drainage management.

WASTE MANAGEMENT

A safe, effective and efficient system for the collection and processing of recyclable and transformable materials and for the disposal of residual solid wastes which cannot otherwise be recycled or transformed.

OBJECTIVE 5.5.1: INTEGRATED WASTE MANAGEMENT PROGRAM

Comply with El Dorado County Integrated Waste Management program which complies with the intent and requirements of the California Public Resources Code, Division 30, Waste Management.

OBJECTIVE 5.5.2: RECYCLING, TRANSFORMATION, AND DISPOSAL FACILITIES

Ensure that there is adequate capacity for solid waste processing, recycling, transformation, and disposal to serve existing and future users in the County.

• Policy 5.5.2.1
  Concurrent with the approval of new development, evidence will be required that capacity exists within the solid waste system for the processing, recycling, transformation, and disposal of solid waste.
• Policy 5.5.2.2
  Facility sites shall be protected from the encroachment of sensitive and/or incompatible land uses.

UTILITY SERVICES

Sufficient utility service availability consistent with the needs of a growing community.

OBJECTIVE 5.6.1: PROVIDE UTILITY SERVICES

Community Regions shall be provided with adequate and reliable utility services such as gas, electricity, communication facilities, satellite and/or cable television, and water distribution facilities, while recognizing that levels of service will differ between Community Regions, Rural Centers, and Rural Regions.

• Policy 5.6.1.1
  Promote and coordinate efforts with utilities for the undergrounding of existing and new utility distribution lines in accordance with current rules and regulations of the California Public Utility Commission and existing overhead power lines within scenic areas and existing Community Regions and Rural Centers.
• Policy 5.6.1.2
  Reserve adequate rights-of-way to facilitate expansion of services in a timely manner.
• Policy 5.6.1.3
  Use open space-greenbelt corridors to accommodate utility easements and high powered electric transmission lines when practical.
• Policy 5.6.1.4
  Special use permits shall be required for the installation of community telecommunication facilities (e.g., microwave towers) in residential areas to ensure that siting, aesthetics, environmental issues, surrounding land uses, and health and safety are considered.

OBJECTIVE 5.6.2: ENCOURAGE ENERGY-EFFICIENT DEVELOPMENT

Encourage development of energy-efficient buildings, subdivisions, development, and landscape designs.

• Policy 5.6.2.1
  Require energy conserving landscaping plans for all projects requiring design review or other discretionary approval.
• Policy 5.6.2.2
  All new subdivisions should include design components that take advantage of passive or natural summer cooling and/or winter solar access, or both, when possible.

EMERGENCY SERVICES

Adequate and comprehensive emergency services, including fire protection, law enforcement, and emergency medical services.

OBJECTIVE 5.7.1: FIRE PROTECTION (COMMUNITY REGIONS)

Ensure sufficient emergency water supply, storage, and conveyance facilities are available, and that adequate access is provided for, concurrent with development.

• Policy 5.7.1.1
  Prior to approval of new development, the applicant will be required to demonstrate that adequate emergency water supply, storage, conveyance facilities, and access for fire protection either are or will be provided concurrent with development.

OBJECTIVE 5.7.2: FIRE PROTECTION (RURAL REGIONS AND RURAL CENTERS)

Sufficient emergency water supply, storage, and conveyance facilities for fire protection, together with adequate access are available, or are provided for, concurrent with development.

• Policy 5.7.2.1
  Prior to approval of new development, the responsible fire protection district shall be requested to review all applications to determine the ability of the district to provide protection services. The ability to provide fire protection to existing development shall not be reduced below acceptable levels as a consequence of new development. Recommendations such as the need for additional equipment, facilities, and adequate access may be incorporated as conditions of approval.

OBJECTIVE 5.7.3: LAW ENFORCEMENT

An adequate, comprehensive, coordinated law enforcement system consistent with the needs of the community.

• Policy 5.7.3.1
  Prior to approval of new development, the Sheriff's Department shall be requested to review all applications to determine the ability of the department to provide protection services. The ability to provide protection to existing development shall not be reduced below acceptable levels as a consequence of new development. Recommendations such as the need for additional equipment, facilities, and adequate access may be incorporated as conditions of approval.

OBJECTIVE 5.7.4: MEDICAL EMERGENCY SERVICES

Adequate medical emergency services available to serve existing and new development recognizing that levels of service may differ between Community Regions, and Rural Centers and Regions.

• Policy 5.7.4.1
  Prior to approval of new development, the applicant shall be required to demonstrate that adequate medical emergency services are available and that adequate emergency vehicle access will be provided concurrent with development.
• Policy 5.7.4.2
  Prior to approval of new development, the Emergency Medical Services Agency shall be requested to review all applications to determine the ability of the department to provide protection services. The ability to provide protection to existing development shall not be reduced below acceptable levels as a consequence of new development. Recommendations such as the need for additional equipment, facilities, and adequate access may be incorporated as conditions of approval.

SCHOOLS

An adequate, high-quality school system consistent with the needs of current and future residents.

OBJECTIVE 5.8.1: SCHOOL CAPACITY

Require that adequate school capacity exists and/or appropriate mitigation consistent with State law to serve new residents concurrent with development.

• Policy 5.8.1.1
  School districts affected by a proposed development shall be relied on to evaluate the development's adverse impacts on school facilities or the demand therefor. No development that will result in such impacts shall be approved unless:
1. The applicant and the appropriate school district(s) have entered into a written agreement regarding the mitigation of impacts to school facilities; or
2. The impacts to school facilities resulting from the development are mitigated, through conditions of approval, to the greatest extent allowed by State law.

The County shall condition or deny a request for a quasi-legislative approval, including any such request necessary for a proposed development, if the development impact fees allowed by State law for development projects would not result in the full avoidance or reduction to an acceptable level of the impacts of the approval or development on school facilities or the demand therefor, or the County shall condition or deny such a request, unless the applicant or developer enters into a development agreement with the County requiring that the applicant or developer enter into a written agreement with the appropriate school district(s) for the mitigation of impacts to school facilities or the demand therefor.

• Policy 5.8.1.2
  Collaborate with County school districts for the exchange of data and the preparation of coordinated student enrollment projections.
• Policy 5.8.1.3
  Whenever feasible, develop joint (shared) school facilities, recreational facilities, and educational and service programs between school districts and other public agencies.
• Policy 5.8.1.4
  In developing conditions of approval for projects with adverse impacts on school facilities or the demand therefore, the County should consider the use of Mello-Roos Districts, where appropriate, to lessen or avoid such impacts.
• Policy 5.8.1.5
  Where the County, in granting a quasi-adjudicatory approval, has determined that the limited school impact mitigation allowed by State law has not resulted in the full avoidance or reduction to an acceptable level of the impacts to school facilities or the demand therefor resulting from a proposed development, the County shall consider the reduction of residential densities, the phasing of the development, or the use of development agreements to achieve whatever additional mitigation is necessary to avoid or reduce to acceptable levels the fiscal and physical impacts of the contemplated development on school facilities or the demand therefor.
• Policy 5.8.1.6
  The County will coordinate with the school districts as to the development of additional land use and zoning standards requiring specific mitigation of school impacts from proposed development.

OBJECTIVE 5.8.2: LAND FOR SCHOOL FACILITIES

Support the identification and acquisition of land for the purpose of siting new school facilities to serve existing and future residents.

• Policy 5.8.2.1
  Where feasible, elementary schools shall be centrally located within the communities they serve.
• Policy 5.8.2.2
  The affected school district shall be relied upon to review development applications to determine the ability of the district to serve the new development. The level of educational services shall not be reduced below acceptable levels as a consequence of new development to the extent permitted by State law.
• Policy 5.8.2.3
  Explore the potential for expanding both public and private higher education and continuing education opportunities including attracting a four-year college or university to the County.
• Policy 5.8.2.4
  Specific plans for Planned Communities shall identify and set aside land for new schools approvable under Title 5 Standards to serve new communities. A funding mechanism for site acquisition and construction shall be provided. School site dedication shall be considered as part of the funding mechanism.
• Policy 5.8.2.5
  The County shall cooperate with the school districts in identifying the potential location of new school sites. All new public school sites shall be reviewed for General Plan consistency.

OBJECTIVE 5.8.3: CHILD AND OTHER CARE AND DAY CARE PROGRAMS

Encourage and promote opportunities for child care and extended day care programs.

• Policy 5.8.3.1
  Child day care facilities shall be allowed by right in commercial/office projects, in multiple family housing developments, in mixed use developments in specific plans, in employment centers, and near transit facilities.

LIBRARIES AND CULTURAL FACILITIES

A quality County library system and other cultural facilities consistent with the needs of current and future residents.

OBJECTIVE 5.9.1: LIBRARY FACILITIES

Maintain existing library facilities and locate new libraries to serve existing and new communities throughout the County.

• Policy 5.9.1.1
  Allow flexibility in the placement of libraries.
• Policy 5.9.1.2
  New libraries shall be funded through Community Services Districts, assessment districts, zones of benefits, or other sources.

OBJECTIVE 5.9.2: COMMUNITY PARTICIPATION IN CULTURAL EVENTS

Promote community participation in art and cultural events and the establishment of art and cultural facilities including the visual and performing arts.

• Policy 5.9.2.1
  El Dorado County shall support efforts by the Sierra Cultural Arts Center Association in the development of performing arts centers.
• Policy 5.9.2.2
  The County shall provide incentives to encourage indoor and outdoor art to be incorporated into the development of new multiple family, commercial, and industrial projects, and in all civic projects.