HomeMy WebLinkAboutItem 7c. Introduce an Ordinance to revise the Water and Wastewater Chapters of Municipal Code Title 13 (Public Services)City of San Luis Obispo, Council Memorandum
City of San Luis Obispo
Council Agenda Correspondence
DATE: November 2, 2021
TO: Mayor and Council
FROM: Aaron Floyd, Director of Utilities
VIA: Derek Johnson, City Manager
SUBJECT: ITEM 7C - INTRODUCE AN ORDINANCE TO REVISE THE WATER AND
WASTEWATER CHAPTERS OF MUNICIPAL CODE TITLE 13, PUBLIC
SERVICES
Staff is providing this correspondence in response to an inquiry requesting clarity on the
items below related to the Public Hearing on the Introduction of an Ordinance to Revise
the Water And Wastewater Chapters Of Municipal Code Title 13, Public Services.
1) Packet Page 680: Public Engagement. Were these modifications reviewed by
local engineering firms (e.g., Wallace Group or Cannon), as another perspective?
If not, could they be, prior to final adoption?
Answer: The Utilities Department has historically included these technical
requirements as project conditions through the discretionary review process to
ensure consistent and reliable water and sewer service is provided to the
community. This includes working with local architects and engineers on their
individual projects through the City’s existing development review process. In this
manner, local engineering firms have been involved with the revisions of these
ordinances for several years, while not having been directly contacted on the
proposed modifications.
2) Packet Page 684: 1,000 SF of landscaping triggers a separate meter. Is that an
industry standard and can you please identify the source of this requirement?
Answer: CA Water Code (Title 23, Section 492.7(a)(1)(A)1) requires landscape
water meters for non-residential irrigated landscapes of 1,000 square feet or more.
The Utilities Department has required landscape meters for multi-family residential
irrigated landscapes, too, as it is beneficial to have a separate landscape meter for
monthly sewer billing to differentiate landscape water use from water entering the
wastewater collection system.
1 https://casetext.com/regulation/california-code-of-regulations/title-23-waters/division-2-department-of-
water-resources/chapter-27-model-water-efficient-landscape-ordinance/section-4927-irrigation-design-
plan
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Item 7c. Page 2
3) Packet Page 685. When talking about wells, can we clarify that this is about
existing wells and that we’re not allowing new wells, assuming that to be true? E.g.,
“Appropriate use of existing privately owned wells is allowed on individual parcels.”
Answer: New wells are currently allowed within City limits. The proposed well
meter requirements apply to all existing and future wells to help monitor
groundwater use in the City. Any consideration of limiting future well use would be
brought forward at a later time in the context of the Sustainable Groundwater
Management Act (SGMA) and in relation to concerns with wells being in proximity
of other public water system infrastructure.
4) Packet Page 689: Why is the water exemption for “mature, established trees”
only? Considering the City’s 10,000 trees goal, there might be a need to water any
tree, or set up some broader criteria.
Answer: The intent of the exemption was to preserve the long -term investments
that are mature trees. During drought emergency, Council may elect to broaden
this exemption to include all trees based on the drought conditions at that time.
5) Packet Page 691. Please clarify the following: “Rain harvesting systems using an
emergency overflow into the sewer must not include drainage from roof gutters or
storm capture devices.” Why would any rain harvesting system overflow to the
sewer?
Answer: An allowance was made in the past for certain projects prior to recent
Flow Studies that quantified the negative impact of inflow of stormwater on the
City’s wastewater collection system. Inflow and Infiltration (I/I) of stormwater to the
wastewater collection system may result in overflows that result in health, safety,
and environmental violations. This change aligns with the language found in the
City’s sewer use ordinance (Section 13.08.040 B.172).
6) Packet Page 692. The “competent person” criteria for lateral inspection seems
subjective. Should this work be performed by a certified, experienced
professional?
Answer: This language was developed to allow companies to perform lateral
inspections that meet the requirements outlined in Municipal Code Section
13.08.395 F3. The companies can meet the City’s inspection requirements but
are not making a judgement on the condition or performance of the sewer lateral.
City staff reviews all videos. “Competent person” was selected as being the most
inclusive.
2 Section 13.08.040, Prohibited Discharges, https://sanluisobispo.municipal.codes/Code/13.08.040
3 Section 13.08.395, Private Sewer Laterals, https://sanluisobispo.municipal.codes/Code/13.08.395
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Item 7c
Department: Utilities
Cost Center: 6001 and 6002
For Agenda of: 11/2/2021
Placement: Public Hearing
Estimated Time: 30 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Jennifer Metz, Utilities Project Manger
SUBJECT: INTRODUCE AN ORDINANCE TO REVISE THE WATER AND
WASTEWATER CHAPTERS OF MUNICIPAL CODE TITLE 13, PUBLIC
SERVICES
RECOMMENDATION
Introduce an Ordinance entitled, “An Ordinance of the City Council of the City of San Luis
Obispo, California, amending Title 13, Sections 13.04, 13.06, 13.07, 13.08, and 13.24 of
the San Luis Obispo Municipal Code.”
DISCUSSION
Background
Municipal Code Title 13, Public Services, includes City ordinances related to the provision
of water and sewer service, including recycled water, in the following chapters:1
13.04 Water Service
13.06 Mandatory Plumbing Retrofit Standards
13.07 Water Conservation
13.08 Sewers
13.12 Underground Utilities
13.16 Water and Sewer Service for Private Use Outside City Limits
13.24 Recycled Water Service
The City is proposing updates to chapters 13.04, 13.06, 13.07, 13.08, and 13.24; no
changes are proposed to chapters 13.12 or 13.16.
The Streamlined Approval Process under Senate Bill (SB) 352 that promulgated the
Objective Design Standards ordinance, also scheduled for introduction by Community
Development on the November 2, 2021, Council meeting, is a contributing factor to
1 Code sections are not numbered consecutively to reserve sections for future expansion.
2 Senate Bill 35, signed by Governor Brown on September 29. 2017, added Section 65913.4 to the
Government Code providing for a streamlined, ministerial approval process for multi -unit housing projects
of two or more residential units or mixed-use, subject to certain conditions and consistent with objective
zoning and design review standards.
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Item 7c
bringing these changes forward at this time. Currently, Utilities Department staff
participates in the City’s discretionary development review process outlined in Chapter
17.106 of the Municipal Code, to identify specific water and sewer service issues
consistent with existing plans, policies, engineering standards, and state requirements.
Streamlining the review process for those qualifying residential and mixed-use projects
necessitates code updates related to water and well metering, frontage improvements,
and delineation of private infrastructure that have historically be en addressed through
project specific conditions of approval during discretionary review. The proposed code
updates have been tracked by the Utilities Department as policies until this opportunity to
bring forward the updates in a comprehensive manner.
For chapters 13.06 and 13.07, language is proposed to align with the City’s recently
adopted 2020 Water Shortage Contingency Plan, 2020 Urban Water Management Plan,
and state regulations approved by Council in June 2021.
Revisions are summarized below in the order they appear in the Ordinance (Attachment
A). Other recommended revisions not described below include minor revisions and
updates, as well as general clarifications. Codifying these requirements is intended to
provide clarity and explicit information to project applicants to further streamline the
process of reviewing permit applications.
13.04 Water Service
Within Chapter 13.04, staff is proposing to include water
metering requirements for various residential development
types (accessory dwelling units, caretaker units, duplexes,
triplex, fourplex units, and condominiums), mixed use, non-
residential, and landscaping. This section also includes
proposed language on where privately-owned submeters
may be provided. These requirements are currently
implemented per Utilities Department policy and stem from
both Green Building Code and water use reporting
requirements.
Staff is proposing language that would require water
infrastructure to be designed by a registered engineer (similar to the requirement for
sewer infrastructure described below), locations where proposed water infrastructure
would remain private, requirements for water distribution system pipeline
replacement/system expansion consistent with the Potable Water Distribution Master
Plan, and groundwater-well metering requirements effective following adoption of the
Groundwater Sustainability Plan, which is under consideration by the Council later this
year. Staff is also proposing clarifications to existing language related to use of privately
owned groundwater-wells on a parcel.
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Item 7c
13.06 Mandatory Plumbing Retrofit Standards
Within Chapter 13.06, staff is proposing edits related to water efficient plumbing fixtures
and verifications of plumbing fixtures by a licensed plumber or general contractor, rather
than by City staff . These edits are proposed to comply with current California Building
Standards related to water conservation and to comply with industry standards to ensure
proper installation of plumbing fixtures. Benefits of these changes will include consistency
between City and State standards, water savings, and a reduction in staff time and liability
associated with ensuring compliance.
13.07 Water Conservation
Within Chapter 13.07, staff is proposing updates to align with the City’s 2020 Water
Shortage Contingency Plan, including a four day a week watering schedule when
required, exemptions from irrigation restrictions such as City parks and schools, irrigation
of trees, and facilities requiring water for the health and safety of at-risk people. Staff is
also proposing minor updates to definitions related to customer classification and non -
potable water.
13.08 Sewers
Within Chapter 13.08, staff is proposing edits related to the requirements for backwater
valves and the installation of well meters for all properties where private well water is used
and discharged to the existing sewer system. Staff is proposing language related to the
use of existing septic tanks within the City where municipal sewer service is available,
locations where proposed sewer infrastructure would remain private, and wastewater
collection system pipeline replacement/system
expansion consistent with the Wastewater Collection
System Infrastructure Renewal Strategy. Staff is also
proposing minor updates to the private sewer lateral
requirements to broadening who can conduct a sewer
lateral inspection and clarifying that offset requirements
must take place within the same wastewater collecti on
system flow basin.
13.24 Recycled Water Service
Within Chapter 13.24, staff is proposing edits to section
13.24.010 and adding a new section (13.24.030) to
clarify requirements related to expansion of the City’s
recycled water distribution system within the service
area identified in the 2017 Recycled Water Master Plan.
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Item 7c
Previous Council or Advisory Body Action
On June 14, 2021, Council adopted the City’s 2020 Urban Water Management Plan by
Resolution 11258 and the 2020 Water Shortage Contingency Plan by Resolution 11259.
On September 3, 2019, Council adopted the City’s private sewer lateral ordinance
(Section 13.08.395) and wastewater offset program (Section 13.08.396).
On March 21, 2017, the City Council adopted Resolution #10783 approving the 2017
Recycled Water Master Plan, part of the City’s comprehensive strategy to efficiently
manage its water resources.
Policy Context
The City’s General Plan, Water and Wastewater Management Element includes
programs B.4.3.6, which states [the City will] “Review development proposals to ensure
new development does not adversely impact existing infrastructure and that necessary
infrastructure will be in place to support the development.”
Public Engagement
A draft of the Ordinance was made available on the Utilities Department website on
October 25, 2021. Other outreach related to the proposed ordinance was conducted with
prior Utilities Department infrastructure planning efforts, the 2020 Urban Water
Management Plan, 2020 Water Shortage Contingency Plan, and Groundwater
Sustainability Plan.
CONCURRENCE
The City’s Community Development, Engineering Division, has reviewed and provided
input into the changes reflected in draft ordinance and concurs with the recommendations
made in this report.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt per California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed
action consists only of the adoption of new performance, monitoring, and maintenance
standards and will have no physical effects on the environment and has no possibility of
a significant effect on the environment.
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Item 7c
FISCAL IMPACT
There is no fiscal impact to the City associated with the approval of the recommended
Municipal Code revisions to Title 13, Public Services. Staff responsible for the
implementation of Title 13 are in the Utilities Department with assistance from staff in
Utilities Administration and the Engineering Development Review and Building Divisions
of the Community Development Department; all of which are budgeted City programs.
ALTERNATIVES
Continue consideration of this item. The City Council may continue consideration of
the recommendation if more information is needed to make a decision. Direction should
be provided to staff regarding the additional analysis or data needed for the Council to
conclude the item, including conveying that additional subsections need to be added,
removed, or amended.
ATTACHMENTS
A – Draft Ordinance amending Title 13, Public Services of the Municipal Code
Page 699 of 712
Page 700 of 712
O ______
ORDINANCE NO _______ (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 13, SECTIONS 13.04, 13.06,
13.07, 13.08, AND 13.24 OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, the City is an urban water supplier and operates a wastewater
collection and Water Resource Recovery Facility providing service to approximately
15,700 customers within the City limits, as well as Cal Poly and San Luis Obispo County
Airport; and
WHEREAS, in 2015, the City approved the Potable Water Distribution System
Operations Master Plan and the Wastewater Collection System Infrastructure Renewal
Strategy to identify improvements needed to the water distribution system to serve current
and projected projects under the City’s General Plan; and
WHEREAS, in 2017, the City approved the Recycled Water Master Plan including
the identification of a recycled water use area, and the expansion of a distribution system
to provide incremental increase in recycled water available for non-potable uses; and
WHEREAS, in 2019, the City approved an ordinance establishing the Wastewater
Flow Offset Program; and
WHEREAS, in 2021, the City adopted the 2020 Urban Water Management Plan
and 2020 Water Shortage Contingency Plan consistent with State requirements; and
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1: Environmental Review. The proposed ordinance is exempt per
California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the
“Common Sense” exemption because the proposed action consists only of the adoption
of new performance, monitoring, and maintenance standards and will have no physical
effects on the environment and has no possibility of a significant effect on the
environment.
SECTION 2: Section 13.04.120 (Water service) of the San Luis Obispo Municipal
Code is hereby amended as follows:
A. Separate parcels will be supplied through individual service connections and
private service lines shall not cross parcel boundaries unless authorized by the
utilities department. Existing water service that crosses property lines shall be
corrected with any new development or subdivision.
Page 701 of 712
Ordinance No. _____ (2021 Series) Page 2
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B. Water services will be installed in the size and at the location desired by the
applicant where such requests are reasonable. Service installations will be
made only to property abutting on public streets or to such distribution mains
as may be constructed in easements or rights-of-way as determined by the
utilities department. Services installed in new subdivisions prior to the
construction of streets or in advance of street improvements must be accepted
by the applicant in the installed location.
C. Service to Multiple Units. Separate houses, buildings, living or business
quarters on the same parcel shall be served according to the policies and
procedures established by the utilities department. Any exception to the
policies and procedures shall be at the discretion of the Utilities Director.
D. The applicant shall be responsible for payment of charges for all water
furnished to combined units, supplied through a single service connection.
E. No new water service (i.e., fire service) shall be provided to a property without
a metered domestic water service, or at the discretion of the Utilities Director.
SECTION 3: Section 13.04.130 (Water meters) of the San Luis Obispo Municipal
Code is hereby amended to add subsections E through J as follows:
E. Size of Water Meter. Water meters shall not be larger in size than the
associated water service size. Sizing calculations shall be provided to justify
service and meter sizing.
F. Where a non-residential, multi-family, or mixed-use project has 1,000 square
feet of landscaping or greater, the project shall provide a separate city-owned
landscape water meter.
G. New residential and non-residential uses within a mixed-use development shall
be separately metered.
H. New caretaker units, duplexes, triplex, and fourplex units shall be separately
metered. Dwellings with five or more units shall have privately owned sub-
meters.
I. All new residential and commercial condominiums shall be separately metered.
Privately owned sub-meters may be provided by the property owner upon
approval of the Utilities Director or her/his designee. The CC&Rs for the
property/homeowner association (P/HOA) shall require that the sub-meters be
read monthly by the association (or P/HOA contracted service) and each
condominium billed according to water use. Records of meter reading and
associated billing shall be provided to the city upon request.
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Ordinance No. _____ (2021 Series) Page 3
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J. New attached or detached accessory dwelling unit may connect to the
property’s primary residential meter if maximum flow velocities through the
water meter meet California Plumbing Code requirements.
SECTION 4: Section 13.04.240 (Privately owned water wells) is hereby amended
as follows:
A. Appropriate use of privately owned wells is allowed on individual parcels. The
use of the water from a well shall only be utilized within the boundaries of the
parcel on which it is situated or at the discretion of the Utilities Director.
B. Installation of Water Meters on Private Wells. Within 12 months of the adoption
of the city’s Groundwater Sustainability Plan, a well meter shall be installed at
the private owner’s expense at all properties where private well water is used
for any of the following:
1. Non-residential purposes in any quantity
2. Irrigation of greater than ½ acre of landscaping
3. 2-acre-feet of usage annually
The water meter shall be public and property owners shall enter into a Private
Well Metering Agreement with the city for meter reading.
C. Existing well service that crosses property lines shall be corrected in
conformance with this section with any new development or subdivision.
SECTION 5: Chapter 13.04 (Water service) of the San Luis Obispo Municipal
Code is hereby amended to add Section 13.04.260 as follows:
13.04.260 Design standards – conformance with required.
A. All water distribution system infrastructure whether built in public streets or in
public easements shall be designed by a registered engineer and shall conform
to the adopted Standard Specifications and Engineering Standards and
Uniform Design Criteria by the city.
B. Except in public roadways, public easements, or at the discretion of the Utilities
Director, where water distribution system infrastructure is proposed in private
streets, yards, parking lots, drive aisles, etc. water infrastructure shall be
private. Except for private submeters, water meters shall be owned by the city,
consistent with Section 13.04.130, and property owners shall enter into an
Access Agreement with the city for meter reading.
Page 703 of 712
Ordinance No. _____ (2021 Series) Page 4
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C. Orderly construction and/or replacement of the city’s potable water distribution
system shall occur with proposed development or redevelopment of a parcel
within the city limits. Potable water distribution system infrastructure shall be
designed and constructed consistent with the city’s Standard Specifications
and Engineering Standards and Uniform Design Criteria and applicable water
system planning documents and policies. In lieu of construction/installation of
water mains within the service area, a surety approved by the city may be
provided at the discretion of the Utilities Director in conformance with city
bonding requirements.
SECTION 6: Chapter 13.06 (Mandatory plumbing retrofit standards) of the San
Luis Obispo Municipal Code is hereby amended as follows:
Chapter 13.06: Mandatory Indoor Plumbing Retrofit Standards
SECTION 7: Section 13.06.010 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended as follows:
D. “Low water-use plumbing fixtures” means any toilet using a maximum of one
and six-tenths (1.6) gallons per flush, and shower heads designed to emit a
maximum of two and one-half (2.5) gallons per minute (gpm) of water, any
interior faucet that uses a maximum of two and two-tenths (2.2) gpm, and a
urinal manufactured to use a maximum of one gallon per flush.
SECTION 8: Section 13.06.050 (Verifications) of the San Luis Obispo Municipal
Code is hereby amended as follows:
A. Upon retrofitting with water-conserving plumbing fixtures, the seller, prior to
the change of ownership, shall obtain from the utilities depar tment a “water
conservation certificate,” in accordance with administrative procedures
established by the department, verifying that water -conserving plumbing
fixtures have been installed. The seller shall allow an inspection of property by
city staff have the plumbing fixtures inspected by a California licensed plumber
or licensed general contractor.
B. “Water conservation certificates” shall also be available to those who
voluntarily install water-conserving plumbing fixtures or have installed water-
conserving plumbing fixtures prior to the effective date of this chapter.
C. The Seller may transfer responsibility of retrofit upon sale to the Buyer with
approval from the Utilities Director or designee.
Page 704 of 712
Ordinance No. _____ (2021 Series) Page 5
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SECTION 9: Section 13.07.020 (Substandard runoff prohibited) of the San Luis
Obispo Municipal Code is hereby amended as follows:
B. “Water waste runoff” means is water flowing away from property and which is
caused by excessive application(s) of water beyond reasonable or practical
flow rates, water volumes or duration of application, or due to faulty systems
that have not been repaired within 10 days of written notice from the city.
SECTION 10: Section 13.07.030 (Council water conservation powers) of the San
Luis Obispo Municipal Code is hereby amended as follows:
A. When deemed necessary in the judgment of the city council to conserve water
during critical water shortage periods, as defined by the city’s Water Shortage
Contingency Plan, the city council may by resolution declare an emergency
condition and do enact any or all of the following which in its judgment is
deemed advisable after publication of notice thereof in a newspaper of general
circulation distributed in the city or after reasonable notice thereof is otherwise
given by the city to users:
1. Limit irrigation within the city water service area to specified hours, a parcel-
specific allocation, or prohibit irrigation entirely within the service area or
any portion or portions thereof;
2. Limit all customers inside the city water service area to specified maximum
usages of water for each of user customer classification category.
B. In order to comply with any mandatory actions required by the State Water
Board or any other agency having jurisdiction over the waters of the state, the
city council may by resolution limit outdoor irrigation of ornamental landscapes
or turf with potable water to four, three or two days a week in accordance with
the following schedules:
Four-Day a Week Schedule
Even numbered addresses: Mondays, Tuesdays, Thursdays, and
Saturdays
Odd numbered addresses: Mondays, Wednesdays, Fridays, and
Sundays
Three-Day a Week Schedule
Even numbered addresses: Sundays, Tuesdays, and Thursdays
Odd numbered addresses: Mondays, Wednesdays, and Fridays
Page 705 of 712
Ordinance No. _____ (2021 Series) Page 6
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Two-Day a Week Schedule
Even numbered addresses: Tuesdays and Fridays
Odd numbered addresses: Mondays and Thursdays
C. In order to comply with any mandatory actions required by the State Water
Board or any other agency having jurisdiction over the waters of the state, the
city council may by resolution limit outdoor irrigation of ornamental landscapes
or turf with potable water between the hours of seven p.m. and seven a.m.
Nothing in this subsection C shall limit the use of nonportable non-potable water
(i.e., recycled or gray water systems) for outdoor irrigation of ornamental
landscape or turf with the exception of a non-potable water shortage due to the
use of non-potable water as a supplemental water supply during a water
shortage emergency.
D. Public facilities that are used in a manner similar to city parks and recreation
areas may be exempt from irrigation restrictions, allowed a modified irrigation
schedule, or allowed turf renovation during a water shortage emergency due to
community health benefits and long-term environmental impacts. These
facilities include, but are not limited to, the following:
1. Emerson Field,
2. Meadow Park Field,
3. Mission Plaza Turf,
4. Santa Rosa Center Field,
5. Santa Rosa Softball Field,
6. Sinsheimer Stadium,
7. Stockton Field, and
8. Throop Field,
9. Damon Garcia Sports Fields,
10. French Park,
11. Islay Hill Park,
12. Laguna Lake Park,
13. DeVaul Park,
14. Laguna Lake Golf Course, and
15. Local schools.
E. Annual turf renovation, allowed under Section 13.07.030 Part D, shall include
an initial germination period during which daily watering at these , and similar,
eight facilities is allowed for a period of up to six weeks. Following renovation,
these eight facilities will be allowed to be watered up to three days a week in
order to sustain them.
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F. The use of a hose equipped with a shutoff nozzle for hand watering of mature,
established trees will be exempt from irrigation restrictions.
G. Hospitals, healthcare facilities, and other businesses requiring water for the
health and safety of at-risk people may apply for an exemption on a case-by-
case basis. This exemption may be granted at the discretion of the Utilities
director or their designee.
SECTION 11: Section 13.07.040 (Utilities manager powers) of the San Luis Obispo
Municipal Code is hereby amended as follows:
Section 13.07.040. Utilities Director or designee manager powers
If the city council adopts a resolution declaring a critical water shortage period or
any emergency in the water system as set out in Section 13.07.030, the Utilities
Director or designee manager is authorized and directed to take any appropriate
action which in their his or her judgment will best conserve water during the
duration of the emergency; such action may include but is not limited to the
following:
A. Specify the days and/or hours during which water users may irrigate; and
B. Increase water demand reduction, public outreach and water allotment
programs, and impose system and operational changes as necessary.
C. Notify owner or owners of property in writing of leaks in the water line on their
private property and require repair of such leaks within 48-hours three days
after such notification. Upon failure to comply, During a water shortage or for
significant leaks, the water department shall turn off the water on the property
until the leak is repaired. Service will be restored after the property owner
corrects the leak. Reconnection fees will be charged as set forth in Section
4.20.080 (Restoration-reconnection charge) of this code.
SECTION 12: Section 13.07.060 (Definitions) of the San Luis Obispo Municipal
Code is hereby amended as follows:
B. “Customer classification” refers to three categories of water users as shown in
the Water Shortage Contingency Plan: Single Family Residential or Multi-
Family Residential, Commercial and Institutional, and Landscape Meters.
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C. “Non-potable water” refers to recycled water, groundwater, gray water, or
harvested rainwater as used for irrigation or other non -potable approved
purposes.
SECTION 13: Section 13.08.370 (Use of existing sewer) of the San Luis Obispo
Municipal Code is hereby amended as follows:
B. Installation of Water Meters on Private Wells Serving Commercial Properties
for Determining Sewer Service Charges. All properties where private well water
is used and associated wastewater is discharged to the existing sewer system
shall install a water meter on the well in order to determine the appropriate
sewer charges. Installation of the water meter shall be at the private owner’s
expense in accordance with the standards established by the city
engineer. W ater meters on private wells shall be owned by the city, consistent
with Section 13.04.130, and property owners shall enter into a Private Well
Metering Agreement with the city for meter reading.
C. Existing on-site septic tanks and/or leach fields may continue serving existing
structures. Where city sewer service is available, use of existing private waste
disposal systems (septic systems, leach fields, etc.) to serve new development
(meaning projects that add plumbing fixture units) will not be permitted. In the
event of abandonment or failure of the existing septic tank and/or leach field,
owner shall comply with applicable State and County regulations regarding
septic system abandonment and immediately connect to the city’s sewer
system. Where city sewer facilities are not available within 200 feet of the parcel
as defined in the Plumbing Code 713.4), the owner may be allowed to repair or
replace the failed septic system at the discretion of the Utilities Director and
consistent with County requirements.
SECTION 14: Section 13.08.380 (Design standards – Conformance with required)
of the San Luis Obispo Municipal Code is hereby amended as follows:
A. All sewers mains whether built on public streets or in public easements shall
be designed by a registered engineer and shall conform to the uniform design
standards adopted by the city.
B. Except in public roadways, public easements, or at the discretion of the Utilities
Director, where sewer infrastructure is proposed in private streets, yards,
parking lots, drive aisles, etc. sewer infrastructure shall be privately owned and
privately maintained consistent with Section 13.08.395.
Page 708 of 712
Ordinance No. _____ (2021 Series) Page 9
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C. Orderly construction and/or replacement of the city’s wastewater collection
system infrastructure shall occur with proposed development or redevelopment
of a parcel within the city limits. Wastewater collection system infrastructure
shall be designed and constructed consistent with the city’s Standard
Specifications and Engineering Standards and Uniform Design Criteria and the
applicable wastewater collection system planning documents and policies . In
lieu of construction/installation of sewer mains within the city limits, a surety
approved by the City may be provided at the discretion of the Utilities Director
in conformance with city bonding requirements.
D. Rain harvesting systems using an emergency overflow into the sewer must not
include drainage from roof gutters or storm capture devices.
SECTION 15: Section 13.08.390 (Drainage below curb and below main sewer
level) of the San Luis Obispo Municipal Code is hereby amended as follows:
A. Drainage Piping Serving Fixtures. Drainage piping serving fixtures, the flood
level rims of which are located below the elevation of the curb or property line,
at the point where the building sewer crosses under the curb or property line,
and above the crown level of the main sewer, shall drain by gravity into the
main sewer, and shall be protected from backflow of sewage by installing an
approved type backwater valve, and each such backwater valve shall be
installed only in that branch or section of the drainage system which rece ives
the discharge from fixtures located below the elevation of the curb or property
line. If the drainage piping is lower than the next upstream manhole, the
property owner may must be required to install a backwater valve.
SECTION 16: Section 13.08.395 of the San Luis Obispo Municipal Code is hereby
amended as follows:
13.08.395 Private sewer laterals/systems.
SECTION 17: Section 13.08.395 (Private sewer laterals, B (Ownership,
Maintenance, and Repair), of the San Luis Obispo Municipal Code is hereby amended as
follows:
4. Before granting any permit authorizing construction of a private sewer lateral
or private sewer main serving multiple properties, the city shall require a
private easement setting forth responsibilities for each parcel served (including
responsibility for maintenance, inspection, and improvement of the shared
sewer lateral).
Page 709 of 712
Ordinance No. _____ (2021 Series) Page 10
O ______
SECTION 18: Municipal Code Section 13.08.395 (Private sewer laterals) of the
San Luis Obispo Municipal Code is hereby amended as follows:
2. The lateral inspection and lateral inspection report shall be prepared and
signed by a licensed contractor, plumber, or competent person contractor with
a current state license who shall declare that the report is true and correct. At
a minimum, the inspection report shall include the information in Exhibit A.
3. A licensed contractor, plumber, or competent person contractor who prepares
a false lateral inspection report shall be subject to punishment under
Article XII of this chapter in addition to any other legal remedies or punishment
provided by law.
SECTION 19: Municipal Code Section 13.08.396 (Wastewater flow offset) of the
San Luis Obispo Municipal Code is hereby amended as follows:
E. Wastewater flow offset must occur within the same capacity constrained
wastewater flow basin as the proposed new or intensified development.
F. Construction of offsite public sewer main improvements providing the
equivalent or greater reduction in inflow and infiltration within the same capacity
constrained wastewater flow basin may be allowed as an alternative to
wastewater flow offsets (replacement of private sewer laterals) at the discretion
of the Utilities Director.
SECTION 20: Section 13.24.030 of the San Luis Obispo Municipal Code is hereby
amended as follows:
13.24.010 Statement of policy.
When in the judgment of the city, reclaimed recycled water service can
be feasibly provided to a particular parcel for particular uses, the Utilities Director
shall require the use of reclaimed recycled water in lieu of potable water for those
uses. As used herein, the term “feasible” means reclaimed recycled water is
available for delivery to the property in compliance with all applicable federal, state,
and local laws, ordinances and regulations and such reclaimed water can be
delivered to the property at an overall cost to the user which does not exceed the
overall cost of potable water service.
Page 710 of 712
Ordinance No. _____ (2021 Series) Page 11
O ______
13.24.030 Recycled Water Distribution System Expansion.
Orderly construction of the city’s recycled water distribution system, including dry
segments of recycled water mains for future use, shall occur with proposed
development or redevelopment of a parcel within the city’s recycled water service
area. New recycled water infrastructure shall be designed and constructed
consistent with the city’s Standard Specifications and Engineering Standards and
Uniform Design Criteria. In lieu of construction/installation of recycled water mains
within the recycled water service area, a surety approved by the city may be
provided at the discretion of the Utilities Director in conformance with city bonding
requirements.
SECTION 21. Severability. If any subdivision, paragraph, sentence, clause, or
phrase of this ordinance is, for any reason, held to be invalid or unenforceable by a court
of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or
enforcement of the remaining portions of this ordinance, or any other provisions of the
city' s rules and regulations. It is the City' s express intent that each remaining portion
would have been adopted irrespective of the fact that any one or more subdivisions,
paragraphs, sentences, clauses, or phrases be declared invalid or unenforceable.
Page 711 of 712
Ordinance No. _____ (2021 Series) Page 12
O ______
SECTION 22. A summary of this ordinance, approved by the City Attorney,
together with the ayes and noes shall be published at least five days prior to its final
passage in the New Times, a newspaper published and circulated in said City, and the
same shall go into effect at the expiration of 30 days after its final passage. A copy of the
full text of this ordinance shall be on file in the Office of the City Clerk on and after the
date following introduction and passage to print and shall be available to any member of
the public.
INTRODUCED on the_______ day of _____, 2021, AND FINALLY ADOPTED by
the Council of the City of San Luis Obispo on the______ day of______, 2021, on the
following vote:
AYES:
NOES:
ABSENT:
________________________________
Mayor Erica Stewart
ATTEST:
______________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
_______________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
________________________________
Teresa Purrington
City Clerk
Page 712 of 712
Revisions to the Water and Wastewater Chapters of Municipal Code, Title 13, Public Services
Recommendation1. Introduce an Ordinance revising Title13,PublicServices,oftheCity’sMunicipal Code.
Title 13 (Public Services) includes:13.04 Water Service13.06 Mandatory Plumbing Retrofit Standards13.07 Water Conservation13.08 Sewers13.12 Underground Utilities13.16 Water and Sewer Service for Private Use Outside City Limits13.24 Recycled Water Service
Why Update Title 13 Now?• Equip developers with requirements early in the process.• Streamline Utilities Department approvals not requiring discretionary approval.• Codifying requirements currently from policies, building code requirements, and engineering standards.
Section 13.04.120 Water Service• Part A adds that existing water service that crosses property lines shall be corrected with any new development or subdivision.• Part E includes a new requirement that no new water service (i.e., fire service) shall be provided to a property without a metered domestic water service.
Section 13.04.130 Water Meters• Updates related to development prototypes and metering standards.• New attached or detached accessory dwelling unit (ADU) may connect to the property’s primary residential meter if meter size and service size permits.• Metering requirements align with the CA Water Code (SB 88, 2017 Water Measurement Law).
Section 13.04.240 Privately Owned Water Wells1. Minor updates related to use of privately owned wells on individual parcels.2. Requirements to install water meters on private wells triggered by the GSP.3. Requirement that any existing well service that crosses property lines shall be corrected with any new development or subdivision.
Section 13.04.260 Design Standards• Consideration of Mixed Used Developments • Part A includes requirements that an engineer prepare plans for water distribution system infrastructure• Part B describes where water infrastructure would remain private, such as in private streets, yards, parking lots, and drive aisles• Part C describes the requirements for orderly construction and/or replacement of the city’s potable water distribution system with development or redevelopment
Chapter 13.06, Mandatory Plumbing Retrofit Standards1. Updates to the definition of low water use plumbing fixtures to include requirements for faucets and urinals (SB 407, 2009) 2. Modifying existing language related to verification of retrofits using water conserving plumbing fixtures
Chapter 13.07, Water ConservationProposed revisions to 13.07.030 are to align with the City’s 2020 Water Shortage Contingency Plan. These include:• Part B adds a four-day a week schedule for limiting outdoor irrigation during a declared drought emergency• Part D adds language to exempt certain facilities from irrigation restrictions
Chapter 13.07, Water Conservation• Part E adds the use of a hose with a shutoff nozzle for hand watering trees as exempt from irrigation restrictions• Part F describes exemptions available for hospitals, healthcare facility and other businesses requiring water for the health and safety of at-risk people • Other minor edits to 13.07.40
Chapter 13.08, Sewers• Water meters on private wells applies to residential and non-residential types (13.08.370)• Use of septic tanks where City sewer service is available and where sewer service is not yet available (13.08.370)• Orderly construction and/or replacement of the City’s wastewater collection system infrastructure (13.08.380)
Chapter 13.08, Sewers• Language is proposed related to private sewer infrastructure in private streets• Where necessary, backwater valves are a must! California Plumbing Code requirement. • Minor changes to wastewater flow offset requirements (13.08.396)
Chapter 13.24 Recycled Water Service• Revisions to existing language in section 13.24.010, Statement of Policy• Addition of 13.24.030 related to recycled water distribution system expansion
Questions?Foxes released at Whale Rock Reservoir during October.
Recommendation1. Introduce an Ordinance revising Title13,PublicServices,oftheCity’sMunicipal Code.NOTE: The second reading of the proposed ordinance is planned for December 7, 2021
Life at Whale Rock Reservoir