HomeMy WebLinkAboutItem 7g. Final Adoption of Ordinance No. 1756 (2026 Series) Amending MC Section 13.08.395 (Private Sewer Laterals & Systems) and Section 13.08.396 (Wastewater Flow Offset)6g Item 6g
Department: Utilities
Cost Center: 6102
For Agenda of: 5/5/2025
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Public Works & Utilities Director
Prepared By: Shawna Scott, Assistant Utilities Director
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1756 (2026 SERIES)
AMENDING MUNICIPAL CODE SECTION 13.08.395 (PRIVATE SEWER
LATERALS/SYSTEMS) AND SECTION 13.08.396 (WASTEWATER FLOW
OFFSET)
RECOMMENDATION
1. Adopt Ordinance No. 1756 (2026 Series) entitled “An Ordinance of the City Council of
the City of San Luis Obispo, California, Amending Section 13.08.395 (Private Sewer
Laterals/Systems) and Section 13.08.396 (Wastewater Flow Offset) of the City of San
Luis Obispo Municipal Code”, which modifies the Citywide Sewer Lateral Inspection
Program to include repair or replacement of poor or failed condition laterals as
determined through the Inspection Upon Sale process and dissolves the mandatory
Wastewater Flow (Private Sewer Lateral) Offset Program requirements. (Attachment
A)
2. Find the action exempt from the California Environmental Quality Act (CEQA).
POLICY CONTEXT
Consistent with the General Plan Water and Wastewater Element, the primary goals of
the Wastewater Flow Offset (Private Sewer Lateral) and Inspection Upon Sale Programs
continue to be the reduction of inflow and infiltration from private sewer laterals and the
associated potential for sewer spills and impacts to public health, safety, and general
welfare, while accommodating housing development and furthering the Major City Goal
of Housing and Neighborhood Livability‐Healthy, Safe, and Affordable.
Changes to the Municipal Code require two public hearings: 1) introduction of the draft
Ordinance, which occurred at the Council Meeting held on April 21, 2026, and 2) second
reading and adoption of the proposed Ordinance.
DISCUSSION
At the April 21, 2026 City Council Meeting, the Council voted unanimously (ayes [3],
recused [1], and absent [1]) to adopt the proposed changes to Section 13.08.395 (Private
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Item 6g
Sewer Laterals/Systems) and Section 13.08.396 (Wastewater Flow Offset) of the City of
San Luis Obispo Municipal Code, which will result in the following:
1. Modification of the Citywide Sewer Lateral Inspection Program to include repair or
replacement of poor or failed condition laterals as determined through the Inspection
Upon Sale process.
2. Dissolution of mandatory Wastewater Flow (Private Sewer Lateral) Offset Program
requirements.
3. Continued discretionary review and determination of conditional waste water flow
offsets for specified entitlements based on modeling and analysis.
The City Council also approved (by Resolution) Public Works and Utilities Director
discretion to waive pending offset improvements for entitled projects and building permits
in process. In addition, the City Council discussed and requested a subsequent
Memorandum from staff consisting of an evaluation of potential modifications to existing
rebate programs, including: potential opportunities to expand rebates for sewer lateral
inspections from the capacity-constrained area only to citywide; increasing the amount of
rebates and potential impacts on the Sewer Fund and associated Sewer Rates; and the
timing and process for the consideration of these potential modifications.
Background
Detailed background regarding the existing Sewer Lateral Inspection, Repair, and
Replacement Program and Wastewater Offset Program can be found in the April 21, 2026
Council Agenda Report and associated presentation by staff.
Previous Council or Advisory Body Action
At the April 21, 2026 City Council Meeting, the Council moved to adopt the proposed
changes to Section 13.08.395 (Private Sewer Laterals/Systems) and Section 13.08.396
(Wastewater Flow Offset) of the City of San Luis Obispo Municipal Code.
Public Engagement
As described in detail in the April 21, 2026 Council Agenda Report, staff have met with
various community stakeholders and key partners to generate discussion and feedback.
Staff will continue to conduct outreach and education regarding the Municipal Code and
Program changes, and will continue to collaborate with our community partners and
stakeholders. The public provided public comment both in writing prior to the Council
meeting and public comment during the public hearing for Council’s consideration of
amendments.
In accordance with the City’s noticing requirements for proposing amendments to the
Municipal Code, a legal ad was published in the New Times 10 days prior (on April 9,
2026) to introduction of the ordinance and 5 days prior to final adoption (on April 30,
2026). Additionally, contents of the ad(s) will be publishe d to the City’s website, with e-
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notifications sent to subscribers of City News. The public will have an opportunity to
provide public comment in writing prior to the meeting or as public comment during the
meeting.
CONCURRENCE
The Community Development Department concurs with the proposed Municipal Code
amendment. Developers have noted that the current sewer lateral program is a barrier to
the development of housing, and the proposed changes could help facilitate housing
development and achievement of Major City and General Plan Housing Element goals
and policies. The proposed amendments also allow the continuing discretionary review
and conditioned approvals for specified entitlements in order to ensure public health,
safety and wellness. The City Attorney's Office has reviewed the Ordinance and has
approved to form.
ENVIRONMENTAL REVIEW
The Municipal Code amendment and associated Council-authorized discretion to the
Public Works and Utilities Director is exempt from the California Environmental Quality
Act (CEQA) pursuant to State CEQA Guidelines Sections 15307 (Actions by Regulatory
Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory
Agencies for the Protection of the Environment) because the proposed modifications are
anticipated to result in a significantly greater number of replacements of private sewer
laterals in failed or poor condition (both within capacity-constrained areas and citywide),
which will result in a reduction in inflow and infiltration from groundwater and stormwater
affecting the City’s wastewater collection system, a reduction in wet weather sewer spills
within capacity-constrained areas, and a reduction in private sewer lateral spills citywide.
In addition, currently, property sales require inspection of the private sewer lateral, only.
If that lateral is in poor or failed condition, there is no current requirement to replace the
lateral (unless other actions trigger the requirement, such as inte nsification through a
permitting process). These failed or poor-conditioned laterals contribute to inflow and
infiltration and have the potential to result in a sewage spill. Requiring replacement of
private sewer laterals in failed or poor condition as a requirement of a property sale would
avoid the potential for resulting private lateral sewage spills, which would have a
beneficial effect on the environment. As evident in the data,1 these modifications to the
program, including elimination of the mandatory offset requirements for projects currently
meeting the definition of “intensification”, would have an overall beneficial impact on the
environment. Furthermore, the Municipal Code amendment does not eliminate the
requirement for discretionary review for specified entitlements, review for consistency with
General Plan policies regarding wastewater collection system capacity, and CEQA
1 From August 2019 to March 2026, 114 private sewer laterals have been replaced as a
requirement of the Wastewater Flow Offset Program. This is significantly less than the 341 private
sewer laterals that were conditioned as poor/failed (but not replaced) through the Inspection Upon
Sale Program during the same time period (Source: City of San Luis Obispo, 2026).
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Item 6g
compliance, which requires consideration of a project’s impact on water quality and a
determination that the project can be adequately served by all required utilities and public
services.
The physical construction of private sewer lateral replacements resulting from the
Municipal Code amendment would be exempt from CEQA pursuant to State CEQA
Guidelines Sections 15301 (Existing Facilities), and 15303 (New Construction or
Conversion of Small Structures) as the new lateral would have substantially the same
purpose as the lateral to be replaced, and would involve negligible or no expansion of the
existing use.
FISCAL IMPACT
Budgeted: NA Budget Year: 2025-26
Funding Identified: NA
Fiscal Analysis:
While there are no fiscal impacts directly associated with this item, the Utilities Branch will
continue to administer private sewer lateral rebates through the currently adopted
programs or until appropriated funds are exhausted each fiscal year.
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $0 $0 $0 $0
State
Federal
Fees
Other:
Total $0 $0 $0 $0
ALTERNATIVE
1. Council could direct staff to make additional changes to the Municipal Code
amendment. If Council chooses this alternative, unless the changes are minor and
administrative in nature, the Ordinance would need to be reintroduced and the second
reading rescheduled to another date.
ATTACHMENT
A –Ordinance No. 1756 (2026 Series) entitled “An Ordinance of the City Council of the
City of San Luis Obispo, California, Amending Section 13.08.395 (Private Sewer
Laterals/Systems) and Section 13.08.396 (Wastewater Flow Offset) of the City of San
Luis Obispo Municipal Code.”
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ORDINANCE NO. 1756 (2026 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 13, CHAPTER 13.08,
SECTION 13.08.395 (PRIVATE SEWER LATERALS/SYSTEMS) AND
SECTION 13.08.396 (WASTEWATER FLOW OFFSET) OF THE SAN
LUIS OBISPO MUNICIPAL CODE
WHEREAS, the City’s General Plan supports development and redevelopment of
sites that will accommodate the community’s future growth in areas with capac ity
constraints in the wastewater collection system; and
WHEREAS, General Plan Water and Wastewater Element Policies state that the
City’s wastewater collection system shall support population and related service demands
consistent with the General Plan (Policy B 2.2.2), and the City shall collect and convey all
wastewater under safe and sanitary conditions to the Water Resource Recovery Facility
(Goal B 4.1); and
WHEREAS, the City must provide capacity assurance consistent with its adopted
Sewer System Management Plan and Statewide General Waste Discharge
Requirements; and
WHEREAS, the City of San Luis Obispo has completed the 2025 Wastewater
Collections System Infrastructure Renewal Strategy, which includes an updated
wastewater flow model and data analysis; and
WHEREAS, private sewer laterals in failed and poor condition contribute
significant inflow and infiltration contributing to capacity constraints, surcharging, and
overflows in the wastewater collection system during peak wet weather events; and
WHEREAS, private sewer laterals in failed and poor condition are at high risk for
backups and overflow due to roots and debris that enter the system, which poses a
significant risk to the property owner, tenants, public and environment; and
WHEREAS, in combination with the implementation of capital sewer projects, the
replacement of failed and poor-condition private sewer laterals will improve capacity in
the municipal collection system during peak wet weather events and reduce potential for
sewer surcharging and overflows.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo that:
SECTION 1. Environmental Review. The proposed Municipal Code amendment is
exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA
Guidelines Sections 15307 (Actions by Regulatory Agencies for Protection of Natural
Resources) and 15308 (Actions by Regulatory Agencies for the Protection of the
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Ordinance No. 1756 (2026 Series) Page 2
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Environment) because the proposed modifications are anticipated to result in a
significantly greater number of replacements of private sewer laterals in failed or poor
condition (both within capacity-constrained areas and citywide), which will result in a
reduction in inflow and infiltration from groundwater and stormwater affecting the City’s
wastewater collection system, and a reduction in wet weather sewer spills within capacity-
constrained areas. The physical construction of private sewer lateral replacements
resulting from the Municipal Code amendment would be exempt from CEQA pursuant to
State CEQA Guidelines Sections 15301 (Existing Facilities), and 15303 (New
Construction or Conversion of Small Structures) as the new lateral would have
substantially the same purpose as the lateral to be replaced, and would involve negligible
or no expansion of the existing use.
SECTION 2. Municipal Code Section 13.08.395 of the San Luis Obispo Municipal
Code and Ordinance Number 1734 (2024 Series) is hereby amended to read as follows
and superseded to the extent inconsistent herewith:
13.08.395 Private sewer laterals/systems.
A. Purpose. Inflow and infiltration (I/I) is a serious problem for the city in that during wet
weather events, a significant amount of water is introduced into the city’s wastewater
collection system from breaches in the public and private sewer pipeline system. Studies
have shown that private sewer laterals are a significant source of I/I for the city. The city
has determined that it is in the interest of the public’s health, safety, and welfare to
address I/I contributed by private sewer laterals and, as such, it is a city priority to require
the inspection of private sewer laterals.
B. Ownership, Maintenance, and Repair.
1. The entire lateral, from the building connection up to and including the “wye”
connection or other tie-in to the city-owned sewer main, shall fall within the owner’s
responsibility for installation, maintenance, repair, and replacement.
2. Each property owner shall be responsible for maintenance and repair of their
private sewer lateral in compliance with this section in a safe and sanitary condition,
including:
a. Private sewer laterals shall be free of displaced joints, breaks, offsets,
structural defects, damage, open joints, missing portions of pipe, root intrusion,
cracks, leaks, sediment deposits, bellies in the pipe or any other similar
conditions, defects or obstructions likely to cause or contribute to blockage of the
private sewer lateral or the public sewer.
b. Private sewer laterals shall be equipped with cleanouts.
c. Private sewer laterals shall not be constructed, either in whole or in part, of
“Orangeburg pipe.”
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Ordinance No. 1756 (2026 Series) Page 3
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d. As described in Section 13.08.030(A), it is unlawful for any individual to
connect the following to a private sewer lateral: storm drains, roof drains, yard
drains, surface or subsurface drainage, groundwater, or other non -sewage pipes
or drains.
3. If a property owner fails to maintain the abovementioned wastewater facilities in
a safe and sanitary condition, the director may order and require termination of water
service to the parcel and all structures connected to the sewer outlet subject to these
conditions. The water service shall not be reinstated until the maintenance or
installation of appropriate wastewater disposal facilities has been approved by the
director.
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).
C. Inspection of Existing Private Sewer Laterals.
1. Except as set forth in subsection (C)(2) of this section, after January 1, 2020, all
private sewer laterals connected to the city’s sewer system shall be inspected per
subsection F of this section at the property owner’s sole expense, when any of
the following events occur:
a. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a property’s private sewer lateral.
b. Upon submittal of a building permit for the addition of a bedroom, bathroom,
or kitchen in a residential structure or the addition of nonresidential space
or an additional plumbing fixture unit in nonresidential structures.
c. A change of the use of the structure from: (i) residential to nonresidential
use; (ii) to a nonresidential use that will result in a higher f low than the
previous nonresidential use; or (iii) to a nonresidential use where the
structure served has been vacant or unoccupied for more than three years.
d. Increase in size of the domestic water meter serving the property or adding
a new domestic water meter.
e. Whenever property located in the city and containing one or more structures
which are served by a private sewer lateral or laterals is subdivided. The
inspection shall occur prior to recordation of the final map.
f. Within thirty days of notification by the city that “smoke testing” or closed-
circuit television (CCTV) sewer main inspection indicates the presence of
inflow or infiltration from private property that impacts the operation of the
public wastewater collection system.
g. Upon any change in ownership of real property within the city, which shall
be implemented as follows:
i. “Change in ownership” shall have the meaning set forth in California
Revenue and Taxation Code Sections 60 and 61. A change in ownership
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shall not include those transactions as set forth in California Revenue
and Taxation Code Section 62.
ii. Before close of escrow for any change in ownership of real property
within the city, the seller(s) of such property shall disclose to the buyer(s)
the results of the private sewer lateral inspection as set forth in
subsection F of this section.
h. For events identified in subsections (C)(1)(a) through (C)(1)(g) of this
section, repair or replacement shall be made pursuant to subsection G of
this section.
i. For events identified in subsection (C)(1)(g), repair or replacement
requirements pursuant to subsection G of this section shall not be effective
until January 1, 2027.
D. Private Sewer Laterals Within Common Interest Developments.
1. For purposes of this section, the term “common interest development” shall
include any community apartment project, condominium project, planned
development, or stock cooperative.
2. Private sewer laterals located within a common interest development sh all be
inspected pursuant to the requirements of subsection F of this section as follows:
a. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a common interest development’s private sewer lateral.
b. Increase in size of the water meter serving the common interest development.
3. Exceptions. An inspection required pursuant to subsection (D)(1) of this section
shall not be required in the following circumstances:
a. Prior Replacement of Lateral. If the private sewer lateral serving the common
interest development in its entirety was installed or replaced within the twenty
years prior to the date the inspection would otherwise be required.
b. Prior Inspection or Repair of a Lateral. If the private sewer lateral serving the
common interest development in its entirety was inspected in accordance with
the inspection requirements of subsection F of this section within the five years
prior to the date the inspection would otherwise be required.
E. Inspection of Shared Private Sewer Laterals. Each property owner served by a shared
private sewer lateral shall be responsible for compliance with subsection B of this section
and shall be subject to the inspection requirements identified in subsection C of this
section. For purposes of this subsection E, a “shared private sewer lateral” shall mean
laterals serving more than one property that are not part of a common interest
development.
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F. Inspection Requirements.
1. Property owners must submit documentation of the sewer lateral inspection to the
city prior to the close of escrow. Testing may be accomplished by either a water
exfiltration test, an air test, or closed-circuit video recording observation. Installation
of cleanouts and removal of existing P-traps may be necessary to accomplish the
video inspection. If a closed-circuit video recording observation is selected as the
method of inspection, then the video shall meet the following requirements:
a. Shall be in digital format.
b. Shall be in color (black and white or otherwise unclear video will not be
accepted).
c. Shall show the address of the lateral.
d. Shall show the date the video was taken.
e. Shall inspect the entire lateral from the house connection to the city -owned
sewer main.
f. Shall have a running foot or time marker clearly visible on the screen.
g. Where joints are present, shall briefly stop the camera at each to clearly
indicate their integrity.
h. Shall have the telephone number for the point of contact for the company
providing the inspection.
i. A map shall be provided with the video ins pection to clearly show the lateral
location including the cleanout or access point at the house connection used to
insert the camera into the lateral and the wye connection to the city-owned sewer
main.
2. The lateral inspection and lateral inspection report shall be prepared and signed
by a contractor, plumber, or a person experienced in lateral inspections who shall
declare that the report is true and correct. At a minimum, the inspection report shall
include the information in Exhibit A:
EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Property Address (or
Addresses):_________________________________________________________________
Inspection
Date:_______________________________
Inspection
Method:______________________________
Company Name/Point of
Contact:__________________________________________________________________
Phone Number/Email
Address:____________________________________________________________________
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Ordinance No. 1756 (2026 Series) Page 6
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EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Lateral Length (in
feet):_________________________
Lateral
Material:______________________________
Installation date (if
known):______________________
Lateral
Age:_________________________________
Describe deficiencies (if
any):____________________________________________________________________
Plumber/Contractor
Signature:___________________________________________________________________
License # of
Plumber/Contractor:___________________________________________________________
Property Owner
Signature:___________________________________________________________________
Property Owner interest in participating in city Wastewater Flow Offset Program: * YES NO
* If Property Owner indicates “Yes”, city would include address on eligibility list for Wastewater
Flow Offset Mitigation requirement.
3. A contractor, plumber, or a person experienced in lateral inspections 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.
4. Verification. The city reserves the right to verify the sewer lateral inspection results
prior to being accepted.
G. Sewer Lateral Repair or Replacement Requirements. Upon receipt of the private
sewer lateral inspection report pursuant to this chapter, the city shall review the private
sewer lateral inspection and lateral inspection report to verify the plumber/contractor
findings and provide the owner with a determina tion on whether the lateral meets the
criteria described in subsection B of this section. If the private sewer lateral is not in
compliance with subsection B of this section, then it shall be repaired or replaced to
conform to such standards within one hundred eighty days of the city’s determination. If
an inspection of a noncompliant lateral was conditioned due to a sanitary sewer overflow
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or from findings of infiltration and intrusion, or a lateral with defects having not met the
required pipe material requirements, it must be completely replaced rather than repaired.
No person shall repair or replace a sewer lateral without first obtaining a permit from the
city.
H. Punishment for Violation of This Chapter. Violations of this article shall be punishable
pursuant to the remedies identified in Article XII of this chapter. It is considered a violation
for any property owner to have a sewer lateral system that does not comply with
subsection B of this section, unless the repair or replacement of such system is being
pursued in good faith. The city may withhold building permits or other discretionary
approvals for a property with a private sewer lateral that is determined to be not in
compliance with subsection B of this section until the private sewer lateral is brought into
compliance with city standards. Final building approval will be conditioned upon repair or
replacement of any noncompliant lateral systems to the satisfaction of the director.
I. Rebate Programs. The city may establish by resolution one or more programs to assist
owners with the replacement of private sewer laterals.
J. Fees. The city council may from time to time establish, by resolution, fees for issuing
permits, reviewing inspection reports and other activities of the city performed pursuant
to this chapter.
SECTION 3 Municipal Code Section 13.08.396 of the San Luis Obispo Municipal
Code and Ordinance Number 1734 (2024 Series) is hereby amended to read as follows
and superseded to the extent inconsistent herewith:
13.08.396 Wastewater flow offset.
A. Discretionary Review. As contemplated and consistent with the City’s Wastewater
Collection System Infrastructure Renewal Strategy, current and as may be amended, the
City reserves the right to conduct discretionary re view of development, subdivision, and
land use entitlements that contribute wastewater flow to the municipal wastewater
collection system. Nothing in this Municipal Code Chapter shall prohibit the City from
imposing conditions of approval for wastewater flow capacity offsets deemed
proportional, reasonable, and necessary to protect the public health, safety, and general
welfare and ensure compliance with this Chapter and all applicable City regulations and
policies.
1. Major development review entitlements and General Plan and Zoning
Amendments citywide and Moderate development review projects within
wastewater system capacity constrained areas shall be subject to engineering
analysis, such as wastewater flow estimates and wastewater flow modeling
provided by the applicant with the entitlement application to determine available
sewer system capacity and the project’s effect on the municipal wastewater
collection system. Subdivision and use permit entitlements resulting in the range
of development as identified in the Major and Moderate Development review tiers
shall be subject to this requirement.
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2. The results of the engineering analysis and flow modeling shall determine
associated conditions of approval, which may include but not be limited to public
or private sewer improvements, such as upsizing sewer mains, and/or replacing
private sewer laterals to offset capacity deficiencies.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final
passage, in The New Times, a newspaper published and circulated in this City. This
ordinance shall go into effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 21st day of April, 2026, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 5th day of May, 2026, on the following vote:
AYES:
NOES:
ABSENT:
___________________________
Mayor Erica A. 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
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EXHIBIT A
SECTIONS 13.08.395 AND 13.08.396
LEGISLATIVE DRAFT
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13.08.395 Private sewer laterals/systems.
A. Purpose. Inflow and infiltration (I/I) is a serious problem for the city in that during wet
weather events, a significant amount of water is introduced into the city’s wastewater collection
system from breaches in the public and private sewer pipeline system. Studies have shown that
private sewer laterals are a significant source of I/I for the city. The city has determined that it is
in the interest of the public’s health, safety, and welfare to address I/I contributed by private
sewer laterals and, as such, it is a city priority to require the inspection of private sewer laterals.
B. Ownership, Maintenance, and Repair.
1. The entire lateral, from the building connection up to and including the “wye” connection
or other tie-in to the city-owned sewer main, shall fall within the owner’s responsibility for
installation, maintenance, repair, and replacement.
2. Each property owner shall be responsible for maintenance and repair of their private
sewer lateral in compliance with this section in a safe and sanitary condition, including:
a. Private sewer laterals shall be free of displaced joints, breaks, offsets, structural
defects, damage, open joints, missing portions of pipe, root intrusion, cracks, leaks,
sediment deposits, bellies in the pipe or any other similar conditions, defects or
obstructions likely to cause or contribute to blockage of the private sewer lateral or the
public sewer.
b. Private sewer laterals shall be equipped with cleanouts.
c. Private sewer laterals shall not be constructed, either in whole or in part, of
“Orangeburg pipe.”
d. As described in Section 13.08.030(A), it is unlawful for any individual to connect the
following to a private sewer lateral: storm drains, roof drains, yard drains, surface or
subsurface drainage, groundwater, or other non-sewage pipes or drains.
3. If a property owner fails to maintain the abovementioned wastewater facilities in a safe
and sanitary condition, the director may order and require termination of water service to
the parcel and all structures connected to the sewer outlet subject to these conditions. The
water service shall not be reinstated until the maintenance or installation of appropriate
wastewater disposal facilities has been approved by the director.
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
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forth responsibilities for each parcel served (including responsibility for maintenance,
inspection, and improvement of the shared sewer lateral).
C. Inspection of Existing Private Sewer Laterals.
1. Except as set forth in subsection (C)(2) of this section, after January 1, 2020, all private
sewer laterals connected to the city’s sewer system shall be inspected per subsection F of
this section at the property owner’s sole expense, when any of the following events occur:
a. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a property’s private sewer lateral.
b. Upon submittal of a building permit for the addition of a bedroom, bathroom, or
kitchen in a residential structure or the addition of nonresidential space or an additional
plumbing fixture unit in nonresidential structures.
c. A change of the use of the structure from: (i) residential to nonresidential use; (ii) to
a nonresidential use that will result in a higher flow than the previous nonresidential
use; or (iii) to a nonresidential use where the structure served has been vacant or
unoccupied for more than three years.
d. Increase in size of the domestic water meter serving the property or adding a new
domestic water meter.
e. Whenever property located in the city and containing one or more structures which
are served by a private sewer lateral or laterals is subdivided. The inspection shall
occur prior to recordation of the final map.
f. Within thirty days of notification by the city that “smoke testing” or closed-circuit
television (CCTV) sewer main inspection indicates the presence of inflow or infiltration
from private property that impacts the operation of the public wastewater collection
system.
g. Upon any change in ownership of real property within the city, which shall be
implemented as follows:
i. “Change in ownership” shall have the meaning set forth in California Revenue
and Taxation Code Sections 60 and 61. A change in ownership shall not include
those transactions as set forth in California Revenue and Taxation Code Section
62.
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ii. Before close of escrow for any change in ownership of real property within the
city, the seller(s) of such property shall disclose to the buyer(s) the results of the
private sewer lateral inspection as set forth in subsection F of this section.
h. For events identified in subsections (C)(1)(a) through (C)(1)(f) (C)(1)(g) of this
section, repair or replacement shall be made pursuant to subsection G of this section.
i. For events identified in subsection (C)(1)(g), repair or replacement
requirements pursuant to subsection G of this section shall not be effective until
January 1, 2027.
2. Exceptions. An inspection required pursuant to subsection (C)(1) of this section shall
not be required in the following circumstances:
a. New Construction or Prior Replacement of Lateral. If the owner(s) (or the owner’s
predecessor-in-interest) has originally installed or has replaced the private sewer lateral
within the twenty years prior to the date the inspection would otherwise be required.
b. Prior Inspection of a Lateral. If the owner(s) (or the owner’s predecessor-in-interest)
has completed an inspection of the sewer lateral in accordance with the inspection
requirements of subsection F of this section within the past five years.
c. The private sewer lateral is located within a common interest development system
that is not owned and operated by the city, which is regulated under subsection D of
this section and serves more than two separate units or properties within the common
interest development.
The owner shall bear the burden of proving that the inspection requirements of
subsection (C)(1) of this section do not apply. The owner shall provide proof of any
prior replacement, inspection or repair of a private sewer lateral in the form of a validly
issued permit or other documentation that ensures such prior replacement, repair or
inspection of a private sewer lateral occurred pursuant to the exceptions above. The
form and content of the document or proof must be deemed sufficient by the city’s
utilities director.
D. Private Sewer Laterals Within Common Interest Developments.
1. For purposes of this section, the term “common interest development” shall include any
community apartment project, condominium project, planned development, or stock
cooperative.
2. Private sewer laterals located within a common interest development shall be inspected
pursuant to the requirements of subsection F of this section as follows:
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a. Whenever the city has issued a notice of violation following a sanitary sewer
overflow event from a common interest development’s private sewer lateral.
b. Increase in size of the water meter serving the common interest development.
3. Exceptions. An inspection required pursuant to subsection (D)(1) of this section shall
not be required in the following circumstances:
a. Prior Replacement of Lateral. If the private sewer lateral serving the common
interest development in its entirety was installed or replaced within the twenty years
prior to the date the inspection would otherwise be required.
b. Prior Inspection or Repair of a Lateral. If the private sewer lateral serving the
common interest development in its entirety was inspected in accordance with the
inspection requirements of subsection F of this section within the five years prior to the
date the inspection would otherwise be required.
E. Inspection of Shared Private Sewer Laterals. Each property owner served by a shared
private sewer lateral shall be responsible for compliance with subsection B of this section and
shall be subject to the inspection requirements identified in subsection C of this section. For
purposes of this subsection E, a “shared private sewer lateral” shall mean laterals serving more
than one property that are not part of a common interest development.
F. Inspection Requirements.
1. Property owners must submit documentation of the sewer lateral inspection to the city
prior to the close of escrow. Testing may be accomplished by either a water exfiltration test,
an air test, or closed-circuit video recording observation. Installation of cleanouts and
removal of existing P-traps may be necessary to accomplish the video inspection. If a
closed-circuit video recording observation is selected as the method of inspection, then the
video shall meet the following requirements:
a. Shall be in digital format.
b. Shall be in color (black and white or otherwise unclear video will not be accepted).
c. Shall show the address of the lateral.
d. Shall show the date the video was taken.
e. Shall inspect the entire lateral from the house connection to the city-owned sewer
main.
f. Shall have a running foot or time marker clearly visible on the screen.
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g. Where joints are present, shall briefly stop the camera at each to clearly indicate
their integrity.
h. Shall have the telephone number for the point of contact for the company providing
the inspection.
i. A map shall be provided with the video inspection to clearly show the lateral location
including the cleanout or access point at the house connection used to insert the
camera into the lateral and the wye connection to the city-owned sewer main.
2. The lateral inspection and lateral inspection report shall be prepared and signed by a
contractor, plumber, or a person experienced in lateral inspections who shall declare that
the report is true and correct. At a minimum, the inspection report shall include the
information in Exhibit A:
EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Property Address (or
Addresses):_________________________________________________________________
Inspection
Date:_______________________________
Inspection
Method:______________________________
Company Name/Point of
Contact:__________________________________________________________________
Phone Number/Email
Address:____________________________________________________________________
Lateral Length (in
feet):_________________________
Lateral
Material:________________________________
Installation date (if
known):______________________
Lateral
Age:___________________________________
Describe deficiencies (if
any):____________________________________________________________________
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EXHIBIT A: PRIVATE SEWER LATERAL INSPECTION REPORT
Plumber/Contractor
Signature:____________________________________________________________________
License # of
Plumber/Contractor:__________________________________________________________________
Property Owner
Signature:_______________________________________________________________________
Property Owner interest in participating in city Wastewater Flow Offset Program: * YES NO
* If Property Owner indicates “Yes”, city would include address on eligibility list for Wastewater Flow
Offset Mitigation requirement.
3. A contractor, plumber, or a person experienced in lateral inspections 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.
4. Verification. The city reserves the right to verify the sewer lateral inspection results prior
to being accepted.
G. Sewer Lateral Repair or Replacement Requirements. Upon receipt of the private sewer
lateral inspection report pursuant to this chapter, the city shall review the private sewer lateral
inspection and lateral inspection report to verify the plumber/contractor findings and provide the
owner with a determination on whether the lateral meets the criteria described in subsection B
of this section. If the private sewer lateral is not in compliance with subsection B of this section,
then it shall be repaired or replaced to conform to such standards within one hundred eighty
days of the city’s determination. If an inspection of a noncompliant lateral was conditioned due
to a sanitary sewer overflow or from findings of infiltration and intrusion, or a lateral with defects
having not met the required pipe material requirements, it must be completely replaced rather
than repaired. No person shall repair or replace a sewer lateral without first obtaining a permit
from the city.
H. Punishment for Violation of This Chapter. Violations of this article shall be punishable
pursuant to the remedies identified in Article XII of this chapter. It is considered a violation for
any property owner to have a sewer lateral system that does not comply with subsection B of
this section, unless the repair or replacement of such system is being pursued in good faith. The
city may withhold building permits or other discretionary approvals for a property with a private
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sewer lateral that is determined to be not in compliance with subsection B of this section until
the private sewer lateral is brought into compliance with city standards. Final building approval
will be conditioned upon repair or replacement of any noncompliant lateral systems to the
satisfaction of the director.
I. Rebate Programs. The city may establish by resolution one or more programs to assist
owners with the replacement of private sewer laterals.
J. Fees. The city council may from time to time establish, by resolution, fees for issuing
permits, reviewing inspection reports and other activities of the city performed pursuant to this
chapter. (Ord. 1734 § 8, 2024; Ord. 1704 §§ 16—18, 2021; Ord. 1665 § 3, 2019)
13.08.396 Wastewater flow offset.
A. Discretionary Review. As contemplated and consistent with the City’s Wastewater
Collection System Infrastructure Renewal Strategy, current and as may be amended, the City
reserves the right to conduct discretionary review of development, subdivision, and land use
entitlements that contribute wastewater flow to the municipal wastewater collection system.
Nothing in this Municipal Code Chapter shall prohibit the City from imposing conditions of
approval for wastewater flow capacity offsets deemed proportional, reasonable, and necessary
to protect the public health, safety, and general welfare and ensure compliance with this
Chapter and all applicable City regulations and policies.
1. Major development review entitlements and General Plan and Zoning Amendments
citywide and Moderate development review projects within wastewater system capacity
constrained areas shall be subject to engineering analysis, such as wastewater flow
estimates and wastewater flow modeling provided by the applicant with the entitlement
application to determine available sewer system capacity and the project’s effect on the
municipal wastewater collection system. Subdivision and use permit entitlements
resulting in the range of development as identified in the Major and Moderate
Development review tiers shall be subject to this requirement.
2. The results of the engineering analysis and flow modeling shall determine associated
conditions of approval, which may include but not be limited to public or private sewer
improvements, such as upsizing sewer mains, and/or replacing private sewer laterals to
offset capacity deficiencies.
A. Purpose. The city experiences surcharging in the wastewater collection system and sanitary
sewer overflows during wet weather events due to inflow and infiltration. The purpose of these
regulations is to establish a methodology whereby new or intensified development in capacity
constrained areas as established by the city council could offset new wastewater flow to
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mitigate capacity constraints in the existing wastewater collection system to accommodate the
project’s additional demand. Without a reduction in inflow and infiltration in these areas, the city
will not be able to serve new or intensified development until a significant number of private
sewer laterals are replaced or public sewer mains are upsized. Wastewater flow offset through
private lateral replacement provides a benefit to the wastewater collection system and the
community by reducing public and environmental health concerns by reducing potential SSOs.
B. Application. The provisions of this article shall apply to new or intensified development in
capacity constrained areas of the wastewater collection system as established by the city
council.
C. Calculating the Wastewater Flow Offset. An applicant shall calculate a development’s
wastewater flow offset (Exhibit B) using the domestic sewage generation factors and peaking
factor identified in the uniform design criteria, found in the city’s adopted engineering standards.
D. Wastewater Flow Offset Through Private Lateral Replacement. The city determined that
replacement of a private sewer lateral serving an existing single-family residence (one
equivalent dwelling unit) would create a wastewater flow offset of three hundred ninety gallons
per day. This is equal to the wastewater generation rate of one single-family residence (one
hundred fifty gallons per day), at a peaking factor of 2.6.
EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
Residential Development:
Studio Units: ____________________________
Multi-Family Units: ____________________________
Single-Family Units: ____________________________
Residential Wastewater
Flow:
Studio Units: ____________________________
Multi-Family Units: ____________________________
Single-Family Units: ____________________________
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EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
RESIDENTIAL FLOW TOTAL (gallons per
day):
____________________________
Non-Residential
Development:
Commercial Square
Footage:
____________________________
Industrial Square Footage: ____________________________
Manufacturing Square
Footage:
____________________________
Business Park Square
Footage:
____________________________
Hotel/Motel Rooms: ____________________________
Non-Residential
Wastewater Flow:
Commercial: ____________________________
Industrial: ____________________________
Manufacturing: ____________________________
Business Park: ____________________________
Hotel/Motel: ____________________________
NON-RESIDENTIAL FLOW TOTAL (gallons per
day):
____________________________
(Proposed Residential Flow + Proposed Non-Residential Flow) x Peaking Factor =
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EXHIBIT B: Wastewater Flow Offset Calculation Worksheet
Total Wastewater Flow Offset
TOTAL WASTEWATER FLOW OFFSET
(gallons per day):
____________________________
* Replacement of a private sewer lateral serving an existing single-family residence (one
equivalent dwelling unit) would offset 390 gallons per day of additional wastewater flow.
E. Wastewater flow offset must occur off-site, within the same capacity constrained wastewater
flow basin as the proposed new or intensified development. Developers required to complete an
offset must complete a wastewater flow offset program application to obtain a building permit for
the offset. Underlying building permits for the project triggering the offset may be withheld until
completion of the wastewater offset.
F. Construction of off-site public sewer main improvements, including replacement or
rehabilitation of sewer manholes, 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.
G. Single-family residences applying for an ADU building permit may be allowed to submit for
an offset in a different capacity constrained basin, provided there is an equivalent or greater
reduction in inflow and infiltration, at the discretion of the utilities director.
H. Sewer capacity offsets within the same parcel boundary (on-site) may be considered as an
offset credit for a residential intensification project, at the discretion of the utilities director. (Ord.
1734 § 8, 2024; Ord. 1704 § 19, 2021; Ord. 1665 § 3, 2019)
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