HomeMy WebLinkAboutO-1704 amending Title 13, Sections 13.04, 13.06, 13.07, 13.08, and 13.24 of the San Luis Obispo Municipal CodeO 1704
ORDINANCE NO. 1704 (2021 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 13, CHAPTERS 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 ser vice 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.
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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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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 owne d 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 f ollows:
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 shal l enter into an
Access Agreement with the city for meter reading.
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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 bondin g
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, 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 Muni cipal
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 department a “water
conservation certificate,” in accordance with administrat ive procedures
established by the department, verifying that water -conserving plumbing fixtures
have been installed. The seller shall 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.
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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” 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 water shortage periods, as defined by the city’s Water Shortage
Contingency Plan, the city council may by resolution declare an emergency
condition and 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 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
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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 non-potable water 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,
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,
facilities is allowed for a period of up to six weeks. Following renovation, these
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
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 powers
If the city council adopts a resolution declaring a water shortage or any emergency
in the water system as set out in Section 13.07.030, the Utilities Director or
designee is authorized and directed to take any appropriate action which in their
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 after such
notification. 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.
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.
C. “Non-potable water” refers to recycled water, groundwater, gray water, or
harvested rainwater as used for irrigation or other non -potable approved
purposes.
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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 Properties for
Determining Sewer Service Charges. All properties where private well water is
used and associated wastewater is discharged to the existing se wer 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.
Water 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 sewer 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.
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.
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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 dr ainage system which receives
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 must 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).
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 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.
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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.
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, recycled water service can be feasibly provided
to a particular parcel for particular uses, the Utilities Director shall require the use
of recycled water in lieu of potable water for those uses. As used herein, the term
“feasible” means recycled water is available for delivery to the property in
compliance with all applicable federal, state, and local laws, ordinances and
regulations.
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 th at 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.
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SECTION 22. A summary of this ordinance, approved by the City Att orney,
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 2nd day of November 2021, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 7 th day of December 2021, on the following vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor Christianson,
and Mayor Stewart
NOES: None
ABSENT: None
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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