HomeMy WebLinkAbout12-15-2015 Item 10 - Ordinance Adoption amending Municipal Code Ch 13.16 to allow interim water and sewer service of Fiero Lane & Clairon Court Area
Meeting Date: 12/15/2015
FROM: Michael Codron, Community Development Director
Prepared By: Marcus Carloni, Associate Planner
SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING MUNICIPAL CODE CHAPTER 13.16
TO ALLOW INTERIM WATER AND SEWER SERVICE ASSOCIATED
WITH THE PROPOSED FUTURE ANNEXATION OF THE FIERO LANE
AND CLARION COURT AREA (850 FIERO LANE)
RECOMMENDATION
Adopt Ordinance No. 1627 (2015 Series) (Attachment A) amending Municipal Code Chapter
13.16 to allow for limited interim water and sewer service outside of the City.
DISCUSSION
On December 1, 2015 the City Council voted 5 to 0 to introduce Ordinance No. 1627 (2015
Series). Ordinance No. 1627 amends the “exception” language within Chapter 13.16 of the City
Municipal Code allowing limited water and sewer service to the Fiero Lane and Clarion Court
area subject to the requirements and schedule provided in the Memorandum of Agreement
adopted by Council resolution on December 1, 2015.
The new Ordinance will become effective 30 days after its final passage.
ALTERNATIVES
1. The Council could reject the proposed amendments. This is not recommended because
the Council voted unanimously to introduce the Ordinance amending the Municipal Code
to allow limited water and sewer service to the project site, associated with a
Memorandum of Agreement between the City and Applicant relative to the anticipated
annexation of the project site.
2. The Council could continue final adoption of the proposed amendments and provide
direction to staff for revisions.
Attachments:
a a - Ordinance No. 1627
10
Packet Pg. 65
ORDINANCE NO. 1627 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA AMENDING MUNICIPAL CODE CHAPTER
13.16 TO ALLOW INTERIM WATER AND SEWER SERVICE
ASSOCIATED WITH THE PROPOSED FUTURE ANNEXATION OF
THE FIERO LANE AND CLARION COURT AREA (850 FIERO LANE)
WHEREAS, with some limited exceptions, Chapter 13.16 of the City of San Luis
Obispo’s (“City”) prohibits the provision of water or sewer service for the use and benefit of
properties outside of the City’s limits; and
WHEREAS, on December 1, 2015, the City Council of the City of San Luis Obispo
conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis
Obispo, California, and adopted Resolution No. 10678 (2015 Series) approving a Memorandum
of Agreement (the “MOA”) between the City and Fiero Lane Water Company (“FLWC”); and
WHEREAS, consistent with General Plan Land Use Element Policy 1.13.5, the MOA
contemplates the future annexation of certain real property within the City’s Airport Area
Specific Plan (the “Annexation”). Such property is currently improved with various commercial
uses and water and sewer service is currently provided by FLWC; and
WHEREAS, as part of the MOA, the City has agreed to provide interim water and sewer
service to such property until such time the property is duly annexed to the City, as well as other
terms and conditions, including, but not limited to, disconnection of such water and sewer
service in the event annexation is not successful or the failure of FLWC to comply with certain
obligations as set forth in the MOA; and
WHEREAS, by this Ordinance, the City Council desires to amend Chapter 13.16 of the
City’s Municipal Code to allow for the temporary provision of water and sewer service to the
area to be annexed consistent with the terms and conditions of the MOA; and
WHEREAS, an Addendum to the Environmental Impact Report for the Airport Area and
Margarita Area Specific Plans was prepared to review any new environmental
impacts/conditions associated with the proposed project including the modifications to the City’s
Municipal Code related to the provision of interim water and sewer service under the MOA; and
WHEREAS, the City Council has duly considered all evidence, including testimony of
the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
10.a
Packet Pg. 66
At
t
a
c
h
m
e
n
t
:
a
-
O
r
d
i
n
a
n
c
e
N
o
.
1
6
2
7
(
1
2
0
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
F
i
e
r
o
L
a
n
e
/
C
l
a
r
i
o
n
C
o
u
r
t
A
n
n
e
x
a
t
i
o
n
)
Ordinance No. 1627 (2015 Series) Page 2
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. That the recitals above are true and correct and incorporated herein by this reference.
2. That the proposed amendment will not significantly alter the character of the City or
cause significant health, safety or welfare concerns, since the amendments are consistent
with the intent and purpose of the General Plan.
3. That the provision of water and sewer service on an interim basis under the MOA is
necessary in order for such property to be duly annexed into the City.
4. That the provision of water and sewer service on an interim basis under the MOA is
necessary in order for certain improvements to be feasibly constructed in the area to be
annexed for ultimate acceptance into the City’s water and sewer infrastructure.
5. That the MOA between the City and the Fiero Lane Water Company adequately
addresses the parameters of interim water and sewer service and establishes sufficient
penalties/timeframes to ensure future annexation or disconnection from City services.
6. That the Addendum to the Airport Area and Margarita Area Environmental Impact
Report (adopted August 23, 2005 and amended September 2, 2014) properly
characterizes the current drought conditions and provides substantial evidence that new
conditions have not occurred that would require preparation of a subsequent
Environmental Impact Report per CEQA Guidelines Sections 15162, 15164, and
15183.5.
SECTION 2. Section 13.16.020 “Exceptions” of Municipal Code Chapter 13.16 “Water
and Sewer Service for Private Use Outside City Limits” is hereby amended to add subsection
“E” to read as follows:
E. Provision of interim water and/ or sewer service to the Fiero Lane and Clarion Court
annexation area, as set forth in the Memorandum of Agreement between the City of
San Luis Obispo and Fiero Lane Water Company and adopted by City Council
Resolution No. 10678 (2015 Series).
SECTION 3. 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 t he
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.
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
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
10.a
Packet Pg. 67
At
t
a
c
h
m
e
n
t
:
a
-
O
r
d
i
n
a
n
c
e
N
o
.
1
6
2
7
(
1
2
0
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
F
i
e
r
o
L
a
n
e
/
C
l
a
r
i
o
n
C
o
u
r
t
A
n
n
e
x
a
t
i
o
n
)
Ordinance No. 1627 (2015 Series) Page 2
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 1st day of December, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the______ day of______, 2015, on the following
vote:
AYES:
NOES:
ABSENT:
____________________________________
Mayor Jan Marx
ATTEST:
____________________________________
Jon Ansolabehere
Interim 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, this ______ day of ______________, _________.
______________________________
Jon Ansolabehere
Interim City Clerk
10.a
Packet Pg. 68
At
t
a
c
h
m
e
n
t
:
a
-
O
r
d
i
n
a
n
c
e
N
o
.
1
6
2
7
(
1
2
0
4
:
S
e
c
o
n
d
R
e
a
d
i
n
g
F
i
e
r
o
L
a
n
e
/
C
l
a
r
i
o
n
C
o
u
r
t
A
n
n
e
x
a
t
i
o
n
)
'
i
THF( Newspaper of the Central Coast
ob 1
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
'K!`'. CITY OF
' "J
AD # 2138995
' � ,'3qn JAXIS ( 0
CITY OF SAN LUIS OBISPO
ORDINANCE NO. 1627 (2015 Series)
OFFICE OF THE CITY CLERK
AN ORDINANCE OF THE CITY COUNCIL
i
OF THE CITY OF SAN LUIS OBISPO,
CALIFORNIA AMENDING MUNICIPAL
CODE CHAPTER 13.16 TO ALLOW IN-
TERIM WATER AND SEWER SERVICE
STATE OF CALIFORNIA
ASSOCIATED WITH THE PROPOSED
FUTURE ANNEXATION OF THE FIERO
ss.
LANE AND CLARION COURT AREA (850
County of San Luis Obispo
FIERO LANE)
NOTICE IS HEREBY GIVEN that the City
I am a citizen of the United States and a resident of the
of
Council t i the City of San Luis Obispo, call -
Pornla, at its Regular Meeting of December
County aforesaid; I am over the age of eighteen and not
1. 2015, introduced the above titled ordi-
interested in the above entitled matter, ,
nance upon a motion by Vice Mayor Car-
penfer, second by Council Member Christi.
all times embraced in the publication herein mentioned
I Anson, and on the following roll call vote:
was, the principal clerk of the printers and publishers of
AYES: Council Member Ashbaugh, Christi-
THE TRIBUNE, a newspaper of general Circulation,
anson, Rivoire, Vice Mayor Carpenter, May.
or Marx
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
NOES: None
at which the annexed clippings is a true copy, was
OrdP_nance IVo. 1627 0016 Series) -This is
a city Ordinance amending Municipal
published in the above -named newspaper and not in any
Code Chapter 13.16 (Water and Sewer
supplement thereof — on the following dates to wit;
Service for Private Use Outside City Limits)
to provide limited water and sewer service
DECEMBER 6, 2015 that said news a er was dui and
P P y
to approximately. 40 acres of property that
Is located outside of the City Ilmil% a:socl-
regularly ascertained and established a newspaper of
ated with the anticipated annexation of said
general circulation by Decree entered in the Superior
properties.
Court of San Luis Obispo County, State of California, on
A full and complete copy of the aforemen-
June 9, 1952, Case #19139 under the Government Code
tioned Ordinance Is available for Inspection
and copy In the City clerks Office, located
of the State of California.
at 990 Palm Street, San Luis Obispo, Call -
forma, or YOU may Call (806) 781 -7100 for
more Informallon.
I certify (or declare) under the penalty of perjury that the
NOTICE IS HEREBY FURTHER GIVEN
foregoing is true and correct.
that the City Council of the City of San Luis
Obispo will consider adopting the afore.
c
mentioned Ordinance at its Regular Meet-
Ing of December 15, 2015 at 6:00 p.m.,
_ .
which will be held in the Council Chamber,
(Signature Principal Clerk)
located at 990 Palm Street, San Luis Obi.
DATED: DECEMBER 6, 2015
spo, California.
AD COST: $158.40
Jon Ansolabehere
Interim City Clerk
December 6, 2015 2138995