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HomeMy WebLinkAboutO-1627 AMENDING MUNICIPAL CODE CHAPTER 13.16 TO ALLOW INTERIM WATER AND SEWER O-1627 SERVICE ASSOCIATED WITH THE PROPOSED FUTURE ANNEXATION OF THE FIERO LANE AND CLARION COURT AREA (850 FIERO LANE)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. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: 01627 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 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. 01627 Ordinance No. 1627 (2015 Series) Page 2 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 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 15`h day of December, 2015, on the following roll call vote: AYES: Council Members Ashbaugh, Christianson, and Rivoire, Vice Mayor Carpenter and Mayor Marx NOES: None ABSENT: None May4 .1 arx - - - ATTEST: City Clerk APPROVED AS TO FORM: City Attorney IN WITNESS WHEREOF, I have here nto set my nand and affixed the official seal of the City of San Luis Obispo, California, this 141h day of d ,