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HomeMy WebLinkAboutCC 2026-06-23_11a Canyon Crest Off Site Wastewater TreatmentItem 11.a. MEMORANDUM TO: City Council FROM: Andrew Perez, Interim Director of Community Development SUBJECT: Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment DATE: June 23, 2026 RECOMMENDATION: 1) Confirm informal support for the applicant’s proposal to consolidate wastewater service from the Canyon Crest HOA to the South San Luis Obispo County Sanitation District’s treatment facility, which would require the City to approve an annexation agreement to coordinate infrastructure use, responsibilities, and service delivery prior to LAFCO approval of annexation; and 2) Find that the recommended actions are not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State C EQA Guidelines, §§ 15060 (c)(2) and (3), 15378). IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is associated with the pre-application discussion. Financial implications associated with the wastewater consolidation project are described in the report. BACKGROUND: The Canyon Crest homeowners association (Canyon Crest HOA) serves a 55-lot subdivision located between Stagecoach Road and Huasna Road, outside city limits. The subdivision is comprised of 54 single-family residential lots and the final lot dedicated for the leach field that supports a wastewater system for the tract. The Canyon Crest Mutual Benefit Water Company (the “Water Company”) operates the wastewater treatment system that was permitted under regulatory standards in effect at the time of development approval by the County of San Luis Obispo. Individual septic tanks collect wastewater from each residential lot, which is then discharged into the community leach field. On October 14, 2022, the Central Coast Regional Water Quality Control Board (RWQCB) issued the Water Company a Notice of Violation (NOV) because the septic system discharges are resulting in elevated nitrate concentrations in the underlying groundwater. The NOV notes that elevated nitrates in groundwater present a public health and Page 343 of 355 Item 11.a. City Council Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment June 23, 2026 Page 2 environmental concern, as groundwater impacts extend beyond individual parcels and affect surrounding water resources. In response to the NOV, the Water Company explored two potential solutions:  Building an on-site wastewater treatment facility to serve the 54 residential units ; or  Consolidating wastewater and conveying it to the South San Lu is Obispo County Sanitation District (the “Sanitation District”) treatment plant. Consolidation of the wastewater for conveyance to the Sanitation District for treatment has been deemed the preferred solution by the applicant, the Canyon Crest HOA. The HOA prepared a project description which is included as Attachment 1. The applicant prepared a cost analysis for both the initial startup costs and the ongoing operation costs for the two solutions (Attachment 2). Costs for the wastewater consolidation solution will require an initial investment of $700,000-$1.0 million with annual operation costs of approximately $50,000-$60,000. Establishing an on-site wastewater treatment facility will cost approximately $1.5-2.0 million, plus an additional $83,000-$108,000 annually for operations. The RWQCB supports wastewater consolidation and off-site treatment to prevent further degradation of the groundwater. The purpose of the pre-application discussion is to provide the City Council with an opportunity to provide comments to the applicant regarding the proposed solution. If the Council conceptually supports wastewater consolidation, the applicant would embark on additional technical, engineering, and capacity analyses to further evaluate the feasibility of the project and prepare a formal application. ANALYSIS OF ISSUES: Project Description To abate the violations, the 54 homes would discontinue on-site wastewater treatment and disposal and instead consolidate wastewater service for treatment by the Sanitation District. This would be accomplished by the installation of approximately 1,000 feet of 8- inch sewer pipe between the connection point in the Canyon Crest development and the existing manhole located on Huasna Road, near Pearwood Drive, to convey wastewater through the City’s sewer infrastructure to the Sanitation District treatment plant. Attachment 3 shows the points of connection and approximate location of the new 8 -inch sewer line. Maintenance of the new sewer main extension between Canyon Crest and the point of connection on Huasna Road would be the responsibility of the Water Company. Those specific terms and maintenance responsibilities would be described in an annexation agreement and plan for service. The annexation agreement would involve three separate parties, subject to San Luis Obispo Local Agency Formation Commission (LAFCO) approval:  Canyon Crest HOA;  Sanitation District; and  City of Arroyo Grande. Page 344 of 355 Item 11.a. City Council Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment June 23, 2026 Page 3 The Sanitation District has already confirmed that the treatment plant has capacity to treat the wastewater volumes Canyon Crest is anticipated to produce. However, to serve as the primary service provider for wastewater treatment, Canyon Crest would need to be annexed into the Sanitation District’s service area. The City would need to approve a three-party annexation agreement discussed above in order for such annexation to occur. Attachment 4 shows the location of the Canyon Crest subdivision in relation to the boundary of the service area. Annexation, in this context would only consist of a change to the boundary of the service area of the Sanitation District and would not involve annexation of Canyon Crest subdivision into the City. The application for annexation would specify that a maximum of 59 parcels would be annexed into the service area. This number consists of the 54 existing residential parcels and up to five additional parcels. If the wastewater consolidation is accomplished, Canyon Crest HOA intends to sell the existing leach field parcel to a third-party developer for the construction of up to five new homes after site remediation to help offset the costs associated with this project. LAFCO is authorized to approve or deny t he annexation request by Canyon Crest into the Sanitation District service area. LAFCO is a regional planning and regulatory agency with county-wide jurisdiction established by State Law to encourage orderly and efficient provision of governmental services, such as water, sewer, and fire protection. This responsibility includes reviewing and approving proposed agency jurisdictional boundary changes, including annexations and detachments of territory to and/or from cities and special districts, incorporations of new cities, formations of new special districts, and consolidations, mergers, and dissolutions of existing districts. City staff have met with LAFCO on multiple occasions to understand the procedure for annexation of the Canyon Crest subdivision into the Sanitation District. That process is described in Attachment 5. The process for annexation begins with the three parties—the Canyon Crest HOA, the Sanitation District, and the City—negotiating a Memorandum of Understanding (MOU) to establish the framework for the annexation agreement. The MOU would identify items that need to be mutually agreed upon and included in the annexation agreement. These items include infrastructure use, maintenance responsibilities, service delivery, connection and service fees, and any other items deemed necessary by the parties. Upon concurrence of the framework, the applicant would prepare and submit the application for annexation to LAFCO. The City’s role in the proposed arrangement includes allowing pass-through of wastewater effluent to the Sanitation District treatment facility. This would also require the City to provide billing and administration for the new customer wastewater account. Canyon Crest receives water from the Oceano Community Service District (OCSD) that is wheeled through City water system infrastructure. Under this existing arrangement, the City tracks water usage and sends the bill to OCSD. If the City were to be supportive of wastewater consolidation, the City would receive applicable connection and capacity fees. The project would also make a financial contribution towards an upgrade to Lift Station No. 3, which is located in the proximity of Huasna Road and Callie Court. The Page 345 of 355 Item 11.a. City Council Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment June 23, 2026 Page 4 upgrade would include the installation of a generator to improve system reliability. The exact amount of fees will be determined during the MOU negotiations. Should the Council be conceptually supportive of the annexation, staff negotiation of the MOU would center on items that limit City expense and protection of the system existing residents have paid to maintain, including requiring the Water Company to maintain the newly installed sewer pipes, should maintenance be required. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Discuss applicant’s proposal to engage in further technical studies and analysis for the preparation of an application for annexation to the Sanitation District service area for wastewater consolidation, and following such study and analysis, the applicant would return to City for formal approval of an annexation agreement between the City, Sanitation District, and Canyon Crest; 2. Provide other direction to staff. ADVANTAGES: The City’s participation in the wastewater consolidation project will allow for the abatement of a public health and environmental concern that potentially impacts groundwater beyond this development. The City would also receive development impact fees for the new residences that will use City infrastructure, as well as a contribution to the upgrades to Lift Station No. 3. DISADVANTAGES: Canyon Crest would become a new customer and will require staff time for meter reading and billing on a bi-monthly basis, however the sewer fees collected would offset those costs. Additionally, concerns have been expressed regarding continued urban development into unincorporated areas as a result of this expansion of infrastructure. ENVIRONMENTAL REVIEW: The pre-application discussion will not result in the approval of a project. Therefore, it is not subject to the California Environmental Quality Act (“CEQA”) because these efforts have no potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. ATTACHMENTS: 1. Project Description 2. Cost Comparison Analysis 3. Sewer Line Extension Exhibit Page 346 of 355 Item 11.a. City Council Pre-application 26-001; Canyon Crest Off-Site Wastewater Treatment June 23, 2026 Page 5 4. Sanitation District Service Area 5. LAFCO Annexation Process Overview Page 347 of 355 Canyon Crest Wastewater Consolidation The Canyon Crest community is an existing residential development consisting of 54 single-family homes served by a privately operated on-site wastewater treatment and disposal system. A 55th parcel within the community is currently dedicated exclusively to use as a leach field supporting wastewater disposal for the existing residences. No residential development currently exists on that parcel. The on-site wastewater system was permitted under regulatory standards in effect at the time of development in the 1990s. Since that time, environmental regulations and groundwater protection requirements have become more stringent. The Central Coast Regional Water Quality Control Board has issued a Notice of Violation (NOV) related to elevated nitrate concentrations, confirming that the existing wastewater treatment and disposal system no longer meets current water quality and permitting requirements. Elevated nitrates in groundwater present a public health and environmental concern, as groundwater impacts extend beyond individual parcels and affect surrounding water resources. The Regional Water Quality Control Board has expressed strong support for wastewater consolidation as the most viable and protective solution to address the NOV and prevent ongoing groundwater degradation. Achieving compliance is mandatory and time-sensitive, and continued reliance on on-site treatment is no longer a feasible long-term option for this community. The proposed project would discontinue on-site wastewater treatment and disposal and instead consolidate wastewater service by conveying flows from Canyon Crest to existing public sewer infrastructure. Wastewater would be conveyed through the City of Arroyo Grande’s sewer system for conveyance purposes only and treated by the South San Luis Obispo County Sanitation District, which has confirmed available treatment capacity. Upon connection to public sewer service, the existing leach field would be permanently abandoned in accordance with regulatory requirements, eliminating a known source of groundwater risk. To help offset the substantial costs associated with achieving environmental compliance, the leach field parcel may be sold to a third-party developer for the construction of up to five (5) single-family homes, subject to all applicable land use approvals. If approved, the wastewater consolidation request would therefore serve a maximum of 59 homes (the existing 54 residences plus up to 5 additional units). No additional development or intensification beyond this limited scope is proposed. The fundamental purpose of this project is environmental and public health protection, not growth, increased density, or profit. This request is distinct from surrounding properties and neighboring communities because it is driven by a documented State regulatory violation and the need to remediate groundwater impacts affecting the broader area, rather than by development objectives. ATTACHMENT 1 Page 348 of 355 Water service for Canyon Crest has already been addressed through a separate Outside User Agreement with Oceano Community Services District, with water wheeled through the City of Arroyo Grande. This project addresses the second and remaining component of the community’s infrastructure compliance challenge by resolving wastewater service in a manner consistent with current environmental standards. The project does not request City of Arroyo Grande water service, since it was previously obtained as referenced above, and no annexation into the City is requested or required. Canyon Crest Mutual Benefit Water Company would remain the single customer of record for wastewater service, avoiding the creation of multiple individual sewer accounts. Utility management would comply with City standards and existing methods. Meter-reading data would be provided to the City six (6) times per year, or more often if requested, and billing would follow the City’s normal billing process and be performed by City of Arroyo Grande Public Works. Operations and maintenance of on-site components would be provided by Nviro, a third-party contracted provider. Wastewater flows from Canyon Crest are relatively low, estimated at approximately 8,000 gallons per day, representing less than one percent of the City’s average daily wastewater flow. All residences are served by individual septic tanks, resulting in pre-treated wastewater with relatively low solids and organic strength. The project would be fully funded by the applicant, including all planning, engineering, permitting, construction, and City staff time associated with review and implementation. In addition, the project proposes a capital contribution toward upgrades to Lift Station #3, including installation of a generator, improving system reliability and emergency preparedness in a manner consistent with City-identified infrastructure needs. Applicable impact and connection fees would be paid. This pre-application review is requested to obtain the City of Arroyo Grande’s concurrence with the proposed approach and to authorize initiation of the technical, engineering, and capacity analyses necessary to fully evaluate the wastewater conveyance and consolidation. The purpose of this meeting is to confirm that the project framework is appropriate for further study and interagency coordination, not to seek approval at this stage. Following completion of the required analyses and technical review, the project would return to the City for formal consideration, at which time the City would evaluate the complete record and determine whether to approve or deny the proposed wastewater conveyance arrangement. Page 349 of 355 Canyon Crest Annexation Cost Analysis Option A: On Site Treatment Option B: City Sewer Connection 1. Gravity sewer: Install 2,000 linear feet of 8" PVC gravity sewer with 3 new sewer manholes and two system connnections to City (see display) N/A $500k to $700k 2. Wastewater treatment plant for 50% nitrogen removal, 0.02 mgd, equipment only assuming least cost alternative (Orenco Systems) $700k to $1M N/A 3. Wastewater treatment plant installation and commissioning $800k to $1M N/A 4. Future treatment upgrade to achieve less than 10 mg/L total nitrogen Undefined risk factor not included, but could exceed $1M N/A 5. City sewer impact fees for 54 homes, assuming $1850 per home ($0.59 per sq ft) for City and $2475 for SSLOCSD N/A $200k to $300k Total Estimated Capital Cost $1.5M to $2.0M $0.7M to $1.0M Operating/Life Cycle Item Description Option A: On Site Treatment Option B: City Sewer Connection 1. City sewer fees per year assuming $48/mo SSLOCSD, $30/mo City N/A $50k to $60k per year 2. Contract operations for wastewater treatment facility, including power and consumables $50k to $60k N/A 3. Regional Board annual fees $9k to $12k N/A 4. Lab and sampling fees $4k to $6k N/A 5. Minimum recommended capital reserve for equipment replacement $20k to $30k N/A Total Estimated Operating Cost $83k to $108k per year $50k to $60k per year Estimated Cost Range (Low to High) Capital Cost Item Description ATTACHMENT 2 Page 350 of 355 ATTACHMENT 3 POINT OF CONNECTION CONNECT TO EXISTING SEWER MANHOLE APPROX 1,000 FT OF 8" GRAVITY SEWER Page 351 of 355 Canyon Crest (Tract 1819) ATTACHMENT 4 Page 352 of 355 Page | 1 MEMORANDUM TO: INTERESTED PARTIES FROM: LOCAL AGENCY FORMATION COMMISSION SUBJECT: LAFCO PROCESS OVERVIEW FOR CANYON CREST ANNEXATION INTO SOUTH SAN LUIS OBISPO COUNTY SANITATION DISTRICT Purpose The memorandum is intended to outline LAFCO’s procedural steps to facilitate annexation of the Canyon Crest development into the South San Luis Obispo County Sanitation District’s service area. The process outlined below reflects continued coordination among affected agencies, feasibility considerations, and adherence to applicable provisions of the Government Code. Background The Canyon Crest Mutual Benefit Water Company operates a wastewater treatment system that includes wastewater collection, treatment, and disposal service for 54 residential homes in the Canyon Crest neighborhood in unincorporated Arroyo Grande. Each residence has an individual septic tank. Wastewater from residential units is conveyed to dosing tanks before it is discharged to a community leach field. The Central Coast Water Board issued a notice of violation in October 2022 to the Canyon Crest Mutual Water Company, noting that its septic system discharges are causing an increase in nitrate in the underlying groundwater. Addressing this issue would require either substantial upgrades to the existing onsite wastewater treatment system or consolidation with a nearby public wastewater system. The nearest public system service provider is the South San Luis Obispo County Sanitation District (SSLOCSD). Procedure Consistent with LAFCO policies and regulations, the most logical and orderly change of governmental organization is annexation into the SSLOCSD. The following steps outline key procedural steps: 1.Pre-Application Coordination •A three-party annexation agreement will be required between the following parties, subject to LAFCO approval. This does not need to be finalized prior to application submittal but will be required prior to the San Luis Obispo Local Agency Formation Commission COMMISSIONERS Chairperson HEATHER MORENO County Member Vice-Chair DAVID WATSON Public Member DAWN ORTIZ-LEGG County Member ED WAAGE City Member STEVE GREGORY City Member ED EBY Special District Member NAVID FARDANESH Special District Member ALTERNATES BRUCE GIBSON County Member CARLA WIXOM City Member VACANT Special District Member MICHAEL DRAZE Public Member STAFF ROB FITZROY Executive Officer IMELDA MARQUEZ-VAWTER Senior Analyst MORGAN BING Analyst MELISSA MORRIS Commission Clerk HOLLY WHATLEY Legal Counsel ATTACHMENT 5 Page 353 of 355 Page | 2 LAFCO hearing. A Memorandum of Understanding (MOU) is recommended; see the bullet further below. Parties include: o Applicant (Canyon Crest Homeowners Association) o SSLOCSD (primary service provider for wastewater) o City of Arroyo Grande (to allow pass-through of effluent to the SSLOCSD treatment facility, no annexation into the City is necessary) • While not required, the three parties may consider entering into a Memorandum of Understanding (MOU) to establish a mutually agreed-upon framework prior to undertaking significant work. Early discussion and coordination of a potential MOU during the pre-application phase is recommended to support project success; however, execution of a final agreement would not be necessary until a later stage in the process. • The annexation agreement should address infrastructure use, responsibilities, service delivery, and any other factor deemed necessary by any party • A Plan for Service consistent with Government Code Requirements is also required. This does not need to be finalized prior to application submittal but will be required prior to the LAFCO hearing. 2. Application Submittal • The applicant shall submit a petition of application to LAFCO proposing annexation to SSLOCSD 3. Agency Referrals • Upon receipt of the application, LAFCO will initiate the standard referral process, including: o Referral to all affected agencies o Referral to the County Assessor  The County Assessor initiates the property tax exchange negotiation period per Section 99 of the Revenue and Taxation Code 4. 60-Day Termination Period • Per Government Code Section 56857, upon receipt of the application by the LAFCO Commission, SSLOCSD will have 60 days to adopt and submit a resolution to LAFCO requesting termination of the proceedings o The resolution requesting termination shall be based upon written findings supported by substantial evidence in the record that the request is justified by a financial or service-related concern. • If no request for termination is received, LAFCO will continue processing the application. 5. Three Party Annexation Agreement and Plan for Service • If SSLOCSD does not make the required findings to terminate the proceedings, the next phase of the process should focus on development of a detailed Three-Party Annexation Agreement and a comprehensive Plan for Service. 6. Agency Consideration of Each Required Item • City of Arroyo Grande Page 354 of 355 Page | 3 o City Council consideration of the Three-Party Annexation Agreement should occur first • SSLOCSD o Following the City’s action, SSLOCSD should consider the following items:  Three-Party Annexation Agreement  Plan for Service  Property Tax Exchange Agreement • All approvals should be structured as “Subject to LAFCO Approval” 7. LAFCO Consideration • Following agency approvals and once the application is found complete and acceptable for filing: o LAFCO will set the item for hearing o LAFCO will consider the annexation proposal at a public hearing and has the authority to approve, conditionally approve or deny the application. 8. Protest Proceedings • If approved by LAFCO, the proposal will proceed to the protest hearing process • Depending on the level of protest received: o The annexation may be ordered o An election may be required o Or the proposal may be terminated The above represents a high-level overview, and numerous details remain to be addressed as the process advances. Throughout the application review process, staff may request additional information. Given the unique nature of this proposal, the process is expected to take approximately 9 to 12 months. However, the timeline by be extended if delays are encountered. Page 355 of 355