Municipal Code Amendment Section 13.08.395 and 13.08.396
Summary
SCH Number
2026050411
Public Agency
City of San Luis Obispo
Document Title
Municipal Code Amendment Section 13.08.395 and 13.08.396
Document Type
NOE - Notice of Exemption
Received
Posted
5/11/2026
Document Description
Municipal Code Amendment regarding private sewer lateral inspections, replacements, and dissolution of the mandatory Wastewater Flow Offset Program (CODE-O169-2026). Project includes: 1) Modification of the Citywide Sewer Lateral lnspection Program to include repair or replacement of poor or failed condition laterals as determined through the lnspection Upon Sale process; 2) Dissolution of mandatory Wastewater Flow (Private Sewer Lateral) Offset Program requirements; 3) Continued discretionary review and determination of conditional wastewater flow offsets for specified entitlements based on modeling and analysis; and 4) Public Works and Utilities Director discretion to waive pending offset improvements for entitled projects and building permits in process.
Contact Information
Name
Shawna Scott
Agency Name
City of San Luis Obispo
Job Title
Assistant Utilities Director
Contact Types
Lead/Public Agency / Project Applicant / Parties Undertaking Project
Phone
Email
Location
Cities
San Luis Obispo
Counties
San Luis Obispo
Regions
Northern California
State Highways
SR 1, Hwy 101
Railways
UPRR
Airports
San Luis Obispo Airport
Schools
San Luis Coastal School District, Private Schools
Waterways
San Luis Obispo Creek and tributaries
Base
MDBM
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
15301, 15303, 15307, and 15308
Reasons for Exemption
The proposed 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.
ln addition, currently, property sales require inspection of the private sewer lateral, only. lf 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 intensification 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.
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 lnspection Upon Sale Program during the same time period (Source: City otf San Luis Obispo, 2026).
As evident in the data, 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 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.
County Clerk
San Luis Obispo
Attachments
Notice of Exemption
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