Loading...
HomeMy WebLinkAbout12/05/2006, PH3 - MODIFY SECTIONS 13.04.110 AND 16.20.020 OF THE MUNICIPAL CODE i , council s u>� acEnba nEpoizt CITY OF SAN LUIS O B I S P O FROM: John Moss,Utilities Director Dan Gilmore, Utilities Engin SUBJECT: MODIFY SECTIONS 13.04.110 AND 16.20.020 OF THE MUNICIPAL CODE CAO RECOMMENDATION: Introduce by title only an ordinance amending Sections 13.04.110 and 16.20.020 of the Municipal Code to clarify allowable water service configurations for certain developments (Attachment 1). DISCUSSION: Social and economic pressures have resulted in a demand for higher density development and smaller ownership spaces. There is an increasing trend with commercial space to construct and occupy office "condominiums". Often, office condominium buildings have restroom and break room facilities that are shared by multiple building tenants. This results in situations where there may be no water use or water using fixtures within an individually owned condominium air- space. While the current code allows for alternative water service configurations, it requires either a City water meter or an association owned water meter for each condominium unit within a building. The proposed ordinance modifying Section 16.20.020.E of the Subdivision Regulations chapter of the Municipal Code(Attachment 1) would eliminate the need to provide a water meter to an air-space condominium when there is no water use or water using fixtures within the air-space. Section 13.04.110 of the Municipal Code contains provisions for reimbursing developers when they construct facilities that benefit other properties. Since the recycled water system is relatively new, those related facilities are not specifically mentioned in this section of the Municipal Code. The proposed modification to Section 13.04.110 simply includes recycled water mains with the facilities eligible for reimbursement in these situations. The proposed ordinance also corrects an erroneous reference in this same section. The error resulted when the Subdivision Regulations chapter of the Municipal Code was rewritten and renumbered. A legislative draft of the proposed modifications to the Municipal Code is included with this report as Attachment 2. FISCAL IMPACT: The proposed change to the Municipal Code results in no fiscal impact. Modify Sections 13.04.110 and 16.20.020 of the Municipal Code Page 2 ALTERNATIVES: Continue to require water meters for all condominium units. This alternative is not recommended, since it would result in water services being installed that would never be used. ATTACHMENTS: Attachment 1 —Ordinance Amending Municipal Code Attachment 2—Legislative draft of proposed.Municipal Code modifications GAUTIBCAR-CAO Repores\2006 Council Agenda RepbrtAubmeter Ordinance CAR Attachment 1 ORDINANCE NO. (2007 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DELETING EXISTING SECTIONS 16.20.020 AND 13.04.100 AND ADOPTING NEW SECTIONS 16.20.020 AND 13.04.100 OF THE MUNICIPAL CODE WHEREAS, development in the City of San Luis Obispo is reflecting a market demand for smaller commercial condominium spaces; and WHEREAS,water services need not be provided to air-space condominiums that will not have any water use or water using fixtures within the individually owned air-spaces; and WHEREAS, to address these circumstances, minor revisions to the City's water services and subdivision regulations are required; NOW,THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Existing section 16.20.020 of the Municipal Code is hereby repealed. SECTION 2. New section 16.20.020 (Required improvements) of chapter 16.20 (Physical Improvement Standards and Procedures) of title 16 (Subdivisions) of the Municipal Code is hereby adopted,to read as follows: 16.20.020 Required improvements. Improvements to be installed by the subdivider, in accordance with the subdivision standards codified in this title, are listed in the city's engineering standards within the city's uniform design criteria. Required improvements may include,but are not limited to: A. Full-width street improvements by grading, base preparation and paving including curbs, gutters, sidewalks, bike or pedestrian paths and associated landscaping (street trees, parkways and medians). The city may require such improvements on both sides of the street.; "= B. Bus stops and benches. C. Storm drainage, erosion and flood-conirol facilities. D. Street name signs and other traffic control signs. E. A water system for domestic service and fire protection shall be provided to each lot of the proposed subdivision. The water system shall include all facilities necessary for the conveyance of water from the nearest point of adequate supply to a meter vault at the front of each lot. For condominium projects, a separate meter shall be provided to each condominium unit, unless an alternative system is approved by the utilities � -3 Ordinance No. (2007 Series) - Attachment 1 Page 2 director in conjunction with the community development director, and shall be subject to the following requirements: 1. Each building shall have a separate city water meter. 2. The condominium owners' association shall be the responsible entity for receiving and paying the city water and sewer bill. The condominium owners shall be jointly and severally responsible for the payment of the city water and sewer bill. 3. Each condominium unit shall have a separate sub-meter,which will be the property and responsibility of the condominium owners' association. The condominium owners' association agreement shall include provisions for the reading of the sub=meters and the proper division of the city water and sewer bill among the condominium owners. EXCEPTION: Non-residential air-space condominiums that have no potential for water use or water using fixtures within the air-space,will not be required to have a sub-meter. F. A sanitary sewer system shall be provided, including sewer laterals extended to each lot. Condominium units may be allowed to share a common sewer lateral;provided, that it meets city standards and plumbing code requirements. Sewer laterals need not be provided to lots which will be solely in perpetual open space use. All public sewer mains shall be located within a dedicated city street or within a recorded easement of adequate width, as determined by the utilities engineer, and in consideration of the sewer size and depth. G. Recycled water mains and services may be required,when it is determined that the amount of water needed for irrigation and the project's proximity to the recycled water distribution system justifies its use. The utilities'director has the authority to require the use of recycled water for irrigation and other uses within a development. A project may be required to include recycled water main.extensions along and/or through the development when such main line extensions are consistent with the adopted recycled water master plan. H. Electric power, gas, cable television and telephone services for each lot or condominium unit. I. Fire hydrants. J. Streetlights. SECTION 3. Existing section 13.04.100.of the.Municipal Code is hereby repealed. SECTION 4. New section 13.04.100 (Main extensions) of chapter 13.04(Water Service) of title 13 (Public Services) of the Municipal Code is hereby adopted, to read as follows: 13.04.100 , Main extensions. A. Water mains may be extended by developers or other interested parties that would benefit by their extension providing the improvements ,:5 -y Ordinance No. _(2007 Series) Attachment 1 Page 3 are designed to current city standards and policy and are approved by the director of public works and the director of utilities. B. The owner or developer who installs improvements which abut property other than that being developed or in a greater size or capacity than that required for the development of the property under consideration may be reimbursed as provided in Section 16.20.110 of this code. SECTION 5. A summary of this ordinance, approved by the City Attorney, together with ayes and noes, shall be published at least five days prior to its final passage in The Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty(30) days after its said 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 interested member of the public. INTRODUCED on the 5`h day of December 2006, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on the 91h day of January, 2007, on the following roll call vote: AYES: NOES: ABSENT: David F. Romero, Mayor ATTEST: Audrey Hooper, City Clerk APPROVED AS TO FORM: Jona an . Lowell, City Attorney Attachment 2 16.20.020 Required improvements. Improvements to be installed by the subdivider, in accordance with the subdivision standards codified in this title, are listed in the city's engineering standards within the city's uniform design criteria. Required improvements may include,but are not limited to: A. Full-width street improvements by grading, base preparation and paving including curbs, gutters, sidewalks,bike or pedestrian paths and associated landscaping (street trees, parkways and medians). The city may require such improvements on both sides of the street. B. Bus stops and benches. C. Storm drainage, erosion and flood-control facilities. D. Street name signs and other traffic control signs. E. A water system for domestic service and fire protection shall be provided to each lot of the proposed subdivision. The water system shall include all facilities necessary for the conveyance of water from the nearest point of adequate supply to a meter vault at the front of each lot. For condominium projects, a separate meter shall be provided to each condominium unit, unless an alternative system is approved by the utilities director in conjunction with the community development director, and shall be subject to the following requirements:. n fte_.,ative systems will be allowed epil , c r, o .i air- spaee 1_Each building shall have a separate city water meter. 2. The condominium owners'association shall be the responsible entity for receiving and paying the city water and sewer bill. The condominium owners shall be jointly and severally responsible for the payment of the city water and sewer bill. 3_Each condominium unit shall have a separate sub-meter, which will be the property and responsibility of the condominium owners' association. The condominium owners' association agreement shall include provisions for the reading of the sub-meters and the proper division of the city water and sewer bill among the condominium owners. EXCEPTION: Non-residential air-space condominiums that have no potential for water use or water using fixtures within the air-space, will not be required to have a sub-meter. F. A sanitary sewer system shall be provided,including sewer laterals extended to each lot.. Condominium units may be allowed to share a common sewer-lateral;provided, that it meets city standards and plumbing code requirements. Sewer laterals need not be provided to lots which will be solely in perpetual open space use. All public sewer mains shall be located within a dedicated city street or within a recorded easement of adequate width, as determined by the utilities engineer, and in consideration of the sewer size and depth. G. Recycled water mains and services may be required, when it is determined that the amount of water needed for irrigation and the project's proximity to the recycled water distribution system justifies its use. The utilities director has the authority to require the use of recycled water for.irrigation and other uses within a development. A project may Attachment 2 be required to include recycled water main extensions along and/or through the development when such main line extensions are consistent with the adopted recycled water master plan. H. Electric power, gas, cable television and telephone services for each lot or condominium unit. I. Fire hydrants. J. Streetlights. (Ord. 1490 § 3 (part), 2006) I,. Attachment 2 13.04.100 Main extensions. A. Water mains, including_recycled water mains, may be extended by developers or other interested parties that would benefit by their extension,providing the improvements are designed to current city standards and policy and are approved by the director of public works and the director of utilities. B. The owner or developer who installs improvements which abut property other than that being developed or in a greater size or capacity than that required for the development of the property under consideration may be reimbursed as provided in Section 1:44.09116.20.110 of this code. (Ord. 1428 § 2 (part), 2002: Ord. 1133 § 2, 1989) 3 - �