San Luis Obispo Municipal Code Ch. 13.04 Water Service

Prior legislation: prior code §§ 7410.6, 7410.15, 7410.23 and 7410.24.

As used in this chapter, the following terms shall have the meanings specified:

A. “Adequate transmission system” means a water transmission system that is capable of supplying simultaneously, at a specific site under consideration, the required fire flow and the maximum daily rate of consumption.

B. “Applicant” means the person or entity who applies for a new water account with the city of San Luis Obispo.

C. “Cross-connection” means any physical connection between the piping system from the city service and that of any other water supply that is not, or cannot, be approved as safe and potable for human consumption, whereby water from the unapproved source may be forced or drawn into the city distribution main.

D. “Curbstop” means the city-owned valve attached to the water meter which can turn water on or off to a parcel.

E. “Customer” means the person or entity under whose name a water account is created and who is ultimately responsible for payment of all charges incurred on the account.

F. “Date of presentation” means the billing date as referenced on the billing statement.

G. “Distribution main” means a water line in a street, alley, or right-of-way used for general distribution of water and from which water service is available to a parcel.

H. “Maximum daily rate of consumption” means the average rate of flow, as estimated by the utilities department from actual city records, which is consumed during a twenty-four-hour period at maximum use.

I. “Parcel” means a tract of land, including improvements, to which water service is or will be provided.

J. “Parcel valve,” also referred to as a “customer valve,” means a valve on the parcel side of the water meter which turns water on or off to a parcel. The valve is the parcel owner’s responsibility to maintain in working order.

K. “Private fire protection service” means water service for sprinkler systems, hydrants, hose reels and other facilities used specifically for fire protection on a parcel.

L. “Private pumping equipment” means any equipment attached to a water service and installed on private property for the purpose of increasing water pressure to that parcel.

M. “Private service line” means the water line that connects the city’s water meter to the point of entry to a parcel’s dwelling(s) and/or irrigation system(s).

N. “Regular water service” means water service rendered for normal domestic, commercial, industrial, and irrigation purposes on a permanent basis and for which the city’s general rates and regulations are applicable.

O. “Reliable water distribution system” means a system of public water mains capable of supplying a sufficient quantity of water to satisfy simultaneously the maximum daily rate of consumption and the required fire flow for a given site.

P. “Required fire flow” means the rate of flow required by the fire chief pursuant to the authority of Appendix B of the California Fire Code and determined in conformance with the latest edition of the Guide for Determination of Required Fire Flow as published by the Insurance Services Office, or any subsequent recognized standard adopted by resolution of the city council.

Q. “Service connection” means the point of connection where the city’s water meter meets the parcel’s private service line.

R. “Services” means the service pipeline and appurtenant facilities such as the curbstop, water meter and meter box, all used to extend water service from the distribution main to the curbline. Where services are divided at the curb or parcel line each such branch service shall be termed a separate service.

S. “Utilities” means the utilities department of the city of San Luis Obispo and its duly authorized representatives. (Ord. 1734 § 5, 2024; Ord. 1597 § 1, 2014; Ord. 1428 § 2, 2002; prior code § 7410.1. Formerly 13.04.020)

The city will furnish water service in accordance with the regulations contained in this chapter and in accordance with other applicable ordinances to any parcel within the corporate limits and to such areas outside the city limits as city council may designate.

In all such cases water shall be supplied only through water meters installed as set forth in this chapter and in each case the customer shall be charged directly for all water passing through the meter. (Ord. 1597 § 2, 2014; Ord. 1428 § 2, 2002; prior code § 7410. Formerly 13.04.010)

The city shall be the sole water purveyor within the city limits. (Ord. 1597 § 3, 2014)

Nothing contained in this chapter shall be construed as a contract on the part of the city to furnish water for any definite period or as a public utility with respect to any water furnished outside the city. (Ord. 1597 § 4, 2014; Ord. 1428 § 2, 2002; prior code § 7410.3)

A. Each applicant initiating water service shall be required to provide information according to the procedures established by the utilities director and to pay a new account setup fee established by resolution of the city council.

B. All applicants for water service may be required to deposit an amount established from time to time by resolution of the city council prior to initiation or restoration of water service.

C. An application for water service may not be honored unless payment in full has been made for water service previously rendered to the applicant by the city.

D. Applications for water service to parcels for which a service connection has already been installed may be made as set forth in this chapter. Such application will signify the applicant’s willingness and intention to comply with these regulations and to all modifications thereof, and to new regulations or rates duly adopted, and to make payment for water service rendered.

E. If application is made for service to a parcel where no water service connection has been installed, but a distribution main is adjacent to the parcel, the applicant, in addition to making application for service, shall comply with the regulations governing the installation of water services and pay all applicable fees.

F. Customer’s Request for Service Initiation. A customer may have his or her water service initiated by notifying the utilities department at least one business day in advance of the desired date of initiation. The customer will be required to pay all water charges from the date of such initiation as well as an account setup fee. (Ord. 1734 § 5, 2024; Ord. 1597 § 5, 2014; Ord. 1428 § 2, 2002; Ord. 1204 §§ 1, 2, 1992; prior code §§ 7410.2 and 7410.4. Formerly 13.04.030)

Each customer discontinuing water service shall be required to provide information according to the procedures established by the utilities director.

A. Nonpayment of Bills.

1. A customer’s water service may be discontinued if a bill is not paid on or before sixty days from the date the bill becomes delinquent, in accordance with California Health and Safety Code Sections 116900 et seq.

2. A customer’s unpaid balance for water service previously rendered by the city may be transferred to that same customer’s current water service and water service may be discontinued if water service furnished at a previous location is not paid on or before sixty days from the date the bill becomes delinquent.

B. Unsafe Apparatus. The utilities department may discontinue service to any parcels where apparatus, appliances, or equipment using water is dangerous, unsafe, causing damage or not in conformity with any laws or ordinances.

C. Service Detrimental to Others. The utilities department may discontinue service to any parcels where the demand may be detrimental or injurious to the service furnished to other customers.

D. Fraud, Theft, and Abuse. The utilities department shall have the right to refuse or to discontinue water service to any parcels to protect itself against fraud, theft, or abuse.

E. Noncompliance. The utilities department may, unless otherwise provided, discontinue water services to a customer for noncompliance with any of these regulations if the customer fails to comply with them within five days after the date of presentation of written notice of the utilities department’s intention to discontinue service. If such noncompliance affects matters of health and safety and/or is causing property damage, and conditions warrant, the utilities department may discontinue water service immediately.

F. Customer’s Request for Service Discontinuance. A customer may have his or her water service discontinued by notifying the utilities department at least one business day in advance of the desired date of discontinuance. The customer will be required to pay all water charges until the date of such discontinuance.

G. Restoration—Reconnection Charges. The utilities department may charge such amount as may be established from time to time by resolution of the city council (as otherwise authorized by state law) for restoring water service which has been discontinued because of noncompliance with these rules.

H. Disconnection From City Infrastructure. In the instance of repeated theft of city water service where an illegal device also known as a “jumper” has been installed to convey water in lieu of a removed city water meter, the utilities director may authorize the physical disconnection of the water service lateral from the city water main to prevent continued theft and to protect the distribution system from contamination. All costs associated with the disconnection of the water service, including excavation, physical exclusion, etc., will be the sole responsibility of the parcel owner and will be subject to cost recovery. Once disconnection has occurred, any subsequent reconnection will be at the cost of the parcel owner and will require the parcel owner to follow city policies and procedures required for a new water service line connection to the city’s water distribution system, including meeting current construction specifications. Reconnection to the system will be at the discretion of the utilities director. Disconnection from the city’s water distribution system as a result of an immediate risk to public health will not be subject to five-day notification requirements outlined in subsection E of this section. (Ord. 1734 § 5, 2024; Ord. 1677 § 2, 2020; Ord. 1597 § 6, 2014; prior code § 7410.17. Formerly 13.04.180)

A. When a meter shows consumption of water after service has been officially discontinued, the owner of the parcel served will be held responsible for payment for the water consumption. In addition, the parcel owner will pay the city a new account setup fee for the water illegally consumed after service was previously discontinued. Water shall not be turned on again for a service connection until the illegal consumption has been fully paid for.

B. Tampering with any curbstop, meter, backflow device, hydrant, etc. for the purposes of taking water without paying is a violation of the municipal code and is subject to a penalty of up to one thousand dollars and cost recovery for any work associated with the theft or repairs to city infrastructure that occurs from the taking of water illegally, including without limitation damage to city valves, hydrants, mains, service laterals, etc. (Ord. 1734 § 5, 2024; Ord. 1597 § 7, 2014)

A. Rendering of Bills.

1. Meter Readings. Meters will be read at regular intervals as established by the city council for the preparation of regular bills, and as required for the preparation of opening bills, closing bills and special bills.

2. Billing Frequency. There will be twelve regular billings per year or as authorized by the city council.

B. Payment of Bills.

1. Periodic bills are due and payable on presentation. Payment may be made at the city finance department or to an authorized collector.

2. Closing bills, if service is to be discontinued, are due and payable on presentation. Collection will be made at the time of presentation.

3. Water bills shall be payable on the date of presentation and shall become delinquent thirty days from the date of presentation.

4. When bills are delinquent, the utilities department may demand that the full amount of both delinquent and current bills be paid.

C. Billing of Separate Meters Not Combined. Each meter on a parcel will be considered separately and the readings of two or more meters will not be combined unless specifically provided for in the rate schedule, or unless the utilities department’s operating convenience requires the use of more than one meter. (Ord. 1597 § 8, 2014; prior code § 7410.13. Formerly 13.04.140)

The water rates to be charged and collected by the utilities department for all billings for regular water service shall be established from time to time by resolution of the city council. (Ord. 1597 § 9, 2014; prior code § 7410.14. Formerly 13.04.150)

A. Charges for new water service shall be established by a resolution duly adopted by the city council and may be revised by resolution at any time. A copy of the current resolution shall be maintained in the office of the city clerk for public inspection.

B. All charges for new water service are payable upon presentation of the first bill.

C. Service and billing for both water and sewer service commence on the date the meter is installed.

D. Applicants for new water service will be charged for the appropriate meter, plumbing/appurtenances and installation.

E. Applicants for new water service will be charged any applicable impact fees according to Chapter 4.20. (Ord. 1597 § 10, 2014; Ord. 1428 § 2, 2002; prior code § 7410.7. Formerly 13.04.080)

For failure to pay for water service by the provisions of this chapter prior to the delinquency date, the director of utilities may add a penalty. The amount of the penalty shall be set by resolution of the city council. (Ord. 1677 § 3, 2020; Ord. 1597 § 11, 2014)

A. Separate parcels will be supplied through individual service 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.

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. (Ord. 1704 § 2, 2021; Ord. 1597 § 12, 2014; Ord. 1428 § 2, 2002; prior code § 7410.11)

A. All meters installed shall be located only in and upon streets, easements or rights-of-way that have been formally dedicated and accepted for public use, and shall be owned by the city.

B. Changes in Size of Water Meter.

1. The cost to change the size of a meter on existing services will be at the parcel owner’s or customer’s expense.

2. A request for a change in size of meter will require approval of the utilities director. Upon approval, the parcel owner or customer will be responsible for obtaining all necessary permits (plumbing, encroachment, etc.) and payment of any applicable expenses and fees.

3. Parcels with flow rates having an average rate that exceeds the meter manufacturer’s maximum rated operating flow or other reliable benchmark as determined by the utilities department shall be required to upsize the meter at parcel owner or customer’s expense, including payment of any applicable expenses and fees.

C. Change in Location of Meters. Meters moved for the convenience of the parcel owner or customer shall be approved by the utilities department and will be relocated at the parcel owner or customer’s expense.

D. Meter Errors.

1. Meter Test.

a. On parcel owner or customer request:

i. A parcel owner or customer may, giving not less than one week’s notice, request the utilities department to test the meter serving his or her parcel.

ii. To cover the reasonable cost of a meter test, the utilities department will require the parcel owner or customer to deposit such amount as may be established from time to time by resolution of the city council.

iii. This deposit will be returned if the meter is found to register more than two percent fast. The parcel owner or customer will be notified not less than five days in advance of the time and place of the test.

iv. A written report giving the results of the test will be shown to the parcel owner or customer within ten days after completion of the test.

2. Adjustment of Bills for Meter Error. When, upon test, a meter is found to be registering more than two percent fast under conditions of normal operations, the utilities department will refund to the customer the full amount of the overcharge, based on corrected meter readings for the period, not exceeding one year that the meter was in use.

3. Nonregistering Meters. The utilities department may bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year or upon a reasonable comparison with the use of other customers receiving the same class of service during the same period and under similar circumstances and conditions.

4. Retirement or Removal of Meter. The cost of retiring or removing a meter service for the convenience of the parcel owner will be at the parcel owner’s expense.

5. Reverse Flow. If a meter has shown reverse flow and there is evidence a meter has been intentionally removed and reinstalled backwards, in an effort to register reverse flow for the purpose of defrauding the city of revenue, the department may estimate the volume of water consumed for the purposes of accurate billing. Billing estimates may be made based on prior water consumption at the property or estimates based on lot size. Cost recovery for water meter removal and reinstallation will be assessed in addition to any water consumption charges.

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 nonresidential, multifamily, or mixed-use project has one thousand square feet of landscaping or greater, the project shall provide a separate city-owned landscape water meter.

G. New residential and nonresidential 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.

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.

K. Separate submeters shall be installed in accordance with Division 5.3 of the California Green Building Code. (Ord. 1734 § 5, 2024; Ord. 1704 § 3, 2021; Ord. 1597 § 13, 2014; prior code §§ 7410.12 and 7410.16. Formerly 13.04.170)

A. The parcel owner shall install a suitable valve, as close to the meter location as practicable, the operation of which will control the entire water supply from the meter.

B. The operation by the parcel owner or customer of the city-owned curbstop in the meter box is not permitted. (Ord. 1734 § 5, 2024; Ord. 1597 § 14, 2014; prior code § 7410.19. Formerly 13.04.200)

A. Parcel Equipment. The parcel owner or customer shall, at his or her own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water, and the city shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the parcel owner or customer or of any of his or her tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The city shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment that are open when water is turned on at the meter, either when the water is turned on originally, or when turned on after a temporary shutdown.

B. City Property. The parcel owner or customer shall be liable for any damage to a meter, curbstop, water meter box or other equipment or property owned by the city which is caused by an act of the parcel owner or customer or his or her tenants, agents, employees, contractors, licensees, or permittees, including the breaking or destruction of locks, seals, controls, devices, radios, or tags by the parcel owner or customer or others on or near a meter. The city shall be reimbursed by the parcel owner or customer for any damage promptly on presentation of a bill.

C. Private Pumping Equipment. The utilities department must approve the installation and operation of all private pumping equipment before city water service will be provided. Any pumping facility that does not incorporate an automatic shutoff control that will positively prevent motor burnout during periods of low or negative pressure will not be approved.

This section shall not be construed to excuse the obtaining of appropriate city council, and other, approvals necessary to permit (1) city water service, and (2) installation and operation of private pumping equipment.

D. Parcel owner or customer is responsible for maintaining plumbing connection on the parcel side of the meter. Parcel owner or customer equipment must be able to withstand meter change-outs and shutoffs. Parcel owner or customer shall repair their equipment if determined necessary by the city.

E. Parcel owner or customer is responsible for maintaining acceptable access to the water meter as determined by the city. At a minimum a two-foot clearance must be provided around meter. City staff have a right to make the area accessible without notice to access the meter, which may include trimming or removal of plants or other landscaping materials. All costs associated with gaining access will be charged to the customer. City staff will give at least forty-eight hours of notice of the need for access, if possible, in non-emergency situations.

F. No additions can be made in the meter box other than primary city water service or an approved remote flow monitoring device. Approval of the addition of flow monitoring devices will be made by the utilities director or his/her designee. Replacement or repair of a city-owned water meter will not be delayed due to a parcel owner’s use of a privately owned flow monitoring device.

G. Ground Wire Attachments. All individuals or business organizations are forbidden to attach any ground wire or wires to any plumbing which is or may be connected to a service connection or main belonging to the city; the utilities department will hold the parcel owner or customer liable for any damage to its property occasioned by such ground wire attachments.

H. The utilities department does not assume liability for inspecting apparatus on the parcel owner’s or customer’s property. The utilities department does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use. (Ord. 1734 § 5, 2024; Ord. 1597 § 15, 2014; prior code § 7410.18. Formerly 13.04.190)

A. The parcel owner must comply with state, county, and federal laws governing the separation of dual water systems or installation of backflow protection devices to protect the public water supply from the danger of cross-connections.

B. Any residential parcel adjacent to a parcel receiving recycled water may be required to install a backflow prevention device on the potable water system. A parcel owner may be eligible for a rebate for device installation if the property is not a direct recipient of recycled water.

C. Parcel owner must maintain backflow prevention devices per applicable state, county, and federal laws and policies.

D. The city has the right and responsibility to discontinue any water service to a parcel with a cross-connection prevention device that has not shown proof of good working order to the authority having jurisdiction on at least an annual basis pursuant to the cross-connection inspection program. (Ord. 1734 § 5, 2024; Ord. 1597 § 16, 2014; prior code § 7410.20. Formerly 13.04.210)

A. The city shall not be liable for damage or claims which may result from an interruption in service. Temporary shutdowns may be made by the utilities department to make improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to making such shutdowns.

B. Residential properties with a single water meter serving more than three residential units, such as mobile home parks and large apartment complexes, must notify the utilities department a minimum of twenty-four hours prior to any planned interruptions in water service for repairs, maintenance, or other reason. (Ord. 1734 § 5, 2024; Ord. 1597 § 17, 2014; prior code § 7410.21. Formerly 13.04.220)

A. Water mains may be extended by developers or other interested parties that would benefit by their extension, at their cost, provided the improvements are designed to current city standards and policies and are approved by both the public works and utilities directors.

B. The owner or developer who is required to install 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.

C. Where an extension of the distribution main is necessary or a substantial investment is required to furnish service, the applicant will be informed by the utilities department as to whether or not the service can be extended under these regulations as set forth in this chapter. (Ord. 1734 § 5, 2024; Ord. 1597 § 18, 2014; Ord. 1501 § 4, 2007. Formerly 13.04.100)

Representatives from the utilities department shall have the right of ingress to a parcel for any purpose reasonably connected with the furnishing of water service. (Ord. 1597 § 19, 2014; prior code § 7410.22. Formerly 13.04.230)

A. Use of and Damage to City-Owned Fire Hydrants. No person, other than those designated and authorized by the proper authority, or by the utilities department, shall open any fire hydrant, attempt to draw water from it, or in any manner damage or tamper with it. Operation of a city hydrant without approval of the utilities department will result in a one thousand dollar penalty. In addition to this penalty, any and all costs associated with the inspection, repair, or replacement of any part or parts of the city water distribution system damaged, or potentially damaged, as a result of the unapproved use will be assessed to the responsible party. This includes but is not limited to damage to water mains, charges for water use, expenses incurred for water quality sampling, or other repair costs to ensure public health and safety. Any devices used to illegally remove water from city distribution systems shall be confiscated. The rights of the city under this section to pursue cost recovery and impose a monetary penalty are cumulative to the city’s right to pursue criminal prosecution pursuant to California Penal Code Sections 148.4 and 498. The choice of remedy or remedies is at the sole discretion of the city.

B. Unapproved Use of Privately Owned Fire Hydrants. The use of unmetered privately owned fire hydrants that are connected to the city’s water system, for any purposes other than those that related to fire services, with the intent of defrauding the city of fees or other revenue for water use will result in a mandatory one thousand dollars penalty. Any costs associated with the inspection, repair, or replacement of the city water distribution system damaged, or potentially damaged, as a result of the unapproved use will be assessed to the responsible party. This includes but is not limited to damage to water mains, charges for water use, expenses incurred for water quality sampling, and other repair costs to ensure public health and safety. Any devices used to illegally remove water from city distribution systems shall be confiscated. The rights of the city under this section to pursue cost recovery and impose a monetary penalty are cumulative to the city’s right to pursue criminal prosecution pursuant to California Penal Code Sections 148.4 and 498. The choice of remedy or remedies is at the sole discretion of the city.

C. Moving of Fire Hydrants. When a fire hydrant has been installed in the location specified by the proper authority, the utilities department has fulfilled its obligation. If a property owner or other party desires a change in the size, type or location of the hydrant, he or she shall bear all costs of such changes, without refund. Any change in the location of a fire hydrant must be approved by the proper authority. (Ord. 1734 § 5, 2024; Ord. 1597 § 20, 2014; prior code § 7410.25. Formerly 13.04.260)

A. Fire.

1. For all projects for which the installation of one or more city standard fire hydrants are required by the fire chief pursuant to the authority of California Fire Code Section 507.5.1, such hydrant or hydrants shall be incorporated into a reliable water distribution system which is directly connected to an adequate transmission system.

2. Each city standard fire hydrant required shall be operative and accepted by the utilities department prior to the commencement of combustible construction on the project.

3. Upon acceptance by the city of any city standard fire hydrant constructed by the city or by city administered contract awarded in compliance with applicable bidding requirements, the utilities department shall determine the total extent of the properties benefited by the hydrant installation and shall assign to each parcel or portion of parcel benefited a share of the total cost of the hydrant installation. Such assigned shares shall be approved by the city council.

4. The extent of the properties benefited shall be determined in accordance with the recommendations of the latest edition of the Fire Protection Handbook, published by the National Fire Protection Association, or any subsequent recognized standard adopted by resolution of the city council.

5. As a condition to the issuance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the cost of a city standard fire hydrant, the permittee shall reimburse to the city, or to the party originally funding the hydrant construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen years after city acceptance of the fire hydrant.

B. Water Main Improvements for Fire Protection.

1. Upon acceptance by the city of water mains installed to provide a reliable water distribution system in accordance with subsection (A)(1) of this section, and if such mains have been constructed by the city or city-administered contract awarded in compliance with applicable bidding requirements, the utilities department shall determine the total extent of the properties benefited for fire protection by the water main installation and shall assign to each parcel or portion of parcel benefited, a share of the total cost of the installation. Such assigned shares shall be approved by the city council.

2. The extent of the properties benefited shall be determined in accordance with the recommendations of the latest edition of the Fire Protection Handbook, published by the National Fire Protection Association, or any subsequent recognized standard adopted by resolution of the city council.

3. As a condition of the issuance of a building permit for construction upon a parcel or portion of a parcel to which has been assigned a share of the water main cost, the permittee shall reimburse to the city, or to the party originally funding the water main construction, the total assigned share. Such reimbursement obligation shall exist for a period of fifteen years after city acceptance of the water main. (Ord. 1597 § 21, 2014; prior code § 7410.26. Formerly 13.04.270)

A. Purpose. A private fire protection service connection in three- to ten-inch size will be furnished only if adequate provision is made to prevent the use of water from such services for purposes other than fire extinguishing.

B. Quantitative Charges.

1. Water for Fires. No charge will be made for water used to extinguish accidental fires.

2. Water for Fire Storage Tanks. Occasionally water may be obtained from a private fire service for filling a tank connected with the fire service, but only if written permission is secured from the utilities department in advance and an approved means of measurement is available. The rates for general use will be applied.

C. Violation of Agreement. If water is used from a fire service in violation of the agreement or of these regulations, the utilities department may, at its option, discontinue and remove the service.

D. Ownership of the Fire Service. All appurtenant equipment from the shut-off valve closest to the water main, including the fire service mainline, connections, pumps, tanks, chlorinators installed at any point in the line to the parcel’s water outlets shall be the sole responsibility of the parcel owner, both as to the original installation and as to the maintenance and upkeep. Such installations must be approved by the utilities department.

E. Pressure and Supply. The utilities department assumes no responsibility for loss or damage because of lack of water or pressure and agrees only to furnish such quantities and pressures as are available in its general water distribution system. (Ord. 1734 § 5, 2024; Ord. 1597 § 22, 2014; prior code § 7410.27. Formerly 13.04.280)

The monthly rates for private fire protection service shall be established from time to time by resolution of the city council. (Ord. 1597 § 23, 2014; prior code § 7410.28. Formerly 13.04.290)

A. Appropriate use of privately owned 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 twelve 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. Nonresidential purposes in any quantity;

2. Irrigation of greater than one-half acre of landscaping;

3. Two acre-feet or greater 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.

D. Prior to installation of a new groundwater well or the alteration of an existing well, a property owner must first obtain written verification from the city of San Luis Obispo groundwater sustainability agency, ensuring that groundwater extraction by the proposed well would not be inconsistent with the San Luis Obispo Valley Groundwater Sustainability Plan and would not decrease the likelihood of achieving a sustainability goal identified within the Groundwater Sustainability Plan; and that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage basin capacity or nearby infrastructure.

This subsection shall not apply to wells (1) that will provide less than two acre-feet per year of groundwater for individual domestic users, (2) that will exclusively provide groundwater to public water supply systems as defined in California Health and Safety Code Section 116275, or (3) that are replacing existing, currently permitted wells with new wells that will produce an equivalent quantity of water as the well being replaced when the existing well is being replaced because it has been acquired by eminent domain or acquired while under threat of condemnation. (Ord. 1734 § 5, 2024; Ord. 1704 § 4, 2021; Ord. 1597 § 24, 2014)

Other than authorized water distribution staff, any person who operates or attempts to open or close any water system valve, curbstop, hydrant, or other city-owned infrastructure that regulates and controls the flow of water in the city’s water distribution system shall be issued a penalty of up to one thousand dollars, be guilty of a misdemeanor punishable under Chapter 1.12, and shall also be held liable for any damage that may result from such action. An employer may also be held liable for their employee’s illegal operation of any city-owned water infrastructure and subject to the punishment(s) stated herein. At the city’s discretion, the employer and employee may be held jointly and severally liable for any damage and staff costs resulting from the employee’s actions. Nothing in this section impairs the city’s right to also seek criminal prosecution for any violations of this section which are also violations of the California Penal Code. (Ord. 1734 § 5, 2024; Ord. 1597 § 25, 2014; Ord. 1484 § 11, 2005; prior code § 7410.29. Formerly 13.04.300)

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 sub-meters, water meters shall be owned by the city, consistent with Section 13.04.130, and property owners shall enter into an access agreement with the city for meter reading.

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 bonding requirements. (Ord. 1704 § 5, 2021)