O1544
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City Council Meeting 9-25-90
Santa Monica, California
ORDINANCE NUMBER 1544(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE
SECTIONS 7183, 1184, AND 1185 TO REVISE THE
WASTEWATER CONTROL ORDINANCE AND DECLARING
THE PRESENCE OF AN EMERGENCY
WHEREAS, on July 26, 1988, the City Council of the City of
Santa Monica added Chapter 2B to Article VII of the Santa Monica
Municipal Code; and
WHEREAS, on July 25, 1989, the City Council extended the
effective date of the ordinance through June 30, 1990; and
WHEREAS, the conditions giving rise to such action as set
forth in Santa Monica Municipal Code section 7180 still exist,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1.
Santa Monica Municipal Code Section 7183 is
amended to read as follows:
SECTION 7183. wastewater Control.
(a) Effective July 1, 1990, the
cumulative
amount
of
increase
in
wastewater permitted to be discharged into
or carried by the Santa Monica sewer
system from projects obtaining building
permits in the period July 1,
1990,
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through June 30, 1991, shall be no greater
than 1.36% above the total amount of
wastewater discharged into or carried by
the Santa Monica sewer system during the
period July 1, 1989 through June 30, 1990.
No more than fifty percent (50%) of the
net increase in wastewater shall be
permi tted to occur in the period July 1,
1990 through December 31, 1990. The
remainder of the permitted increase may
occur in the period January 1, 1991
through June 30, 1991.
(b) The Director of General
Services shall ensure compliance with this
Section through the issuance of sewer
allocation permits that regulate the
amount of increased wastewater that
projects shall be permitted to discharge
into the Santa Monica sewer system.
SECTION 2. Santa Monica Municipal Code section 7184 is
amended to read as follows:
SECTION
Permit.
(a) Sewer allocation permits shall
be provided on a first come first served
basis in accordance with the terms of this
Chapter. No application for a sewer
7184.
Sewer
AllocatioD
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allocation permit shall be accepted for
filing or otherwise processed by the
Director unless the applicant provides
documentation on forms provided by the
Director that the project has received all
other city approvals or permits necessary
to commence the project, with the
exception of building and sewer allocation
permits.
(b) A sewer allocation permit shall
be issued only if the Director determines
that the Santa Monica sewer system has
sufficient capacity as established by
section 7183 to accommodate the net
increase in wastewater created by the
project.
(c) If the Director determines that
there is insufficient increased wastewater
capacity to accommodate a project, then at
the applicant's request, the Director
shall place the project on a waiting list
in order of the date and time of day that
the permit application was accepted for
filing by the Director. Those projects
placed on the waiting list established for
the period July 1, 1990 through December
31, 1990, shall have first entitlement for
any increased sewage capacity allotted for
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the period January 1, 1991 through June
30, 1991, in order of their place on the
waiting list.
(d) The Director shall reserve ten
percent (10%) of the permitted annual
wastewater increase established by Section
7183 for the exclusive use of priority
projects as defined in Section 7187.
priority projects shall be entitled to
utilize no more than fifty percent (50%)
of the reserved amount in the period July
1, 1990 through November 30, 1990, and no
more than fifty percent (50%) of the
reserved amount in the period January 1,
1991 through May 31, 1991. In the period
December 1, 1990 through December 31,
1990, any unallocated reserve from the
period July 1, 1990 through November 30,
1990, shall become available for
allocation to any project. In the period.
June 1, 1991 through June 30, 1991, any
unallocated reserve from the period
January 1, 1991 through May 31, 1991,
shall become available for allocation to
any project.
(e) If the reserve is completely
allocated to priority projects through
permits issued prior to December 1, 1990,
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then at the applicant's request, the
Director shall place the project on a
waiting list in accordance with the terms
of subsection (c) above. Thereafter,
priority projects shall be permitted to
utilize the wastewater increase allocated
to nonpriority projects to the same extent
as such projects. Any priority project
placed on a waiting list that is unable to
obtain a permit by December 31, 1990,
shall have first entitlement to the
reserve allocated to priority projects for
the period January 1, 1991 through May 31,
1991, in order of its place in the waiting
list.
SECTION 3. Santa Monica Municipal Code section 7185 is
amended to read as follows:
SECTION
.Increase.
(a) In determining the amount of
wastewater increase from a project, the
Director shall calculate the project's net
wastewater increase. In performing this
calculation, the Director shall determine
the estimated amount of wastewater from
the project site that occurred during the
period July 1, 1989 through June 30, 1990,
7185.
Net
wastewater
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by using the City's utility records and
other appropriate information. The
Director shall subtract the estimated
amount of wastewater produced by the
existing site from the estimated amount of
wastewater which the Director determines
will be produced by the project with
reference to the project's intended size,
densi ty, and uses. The resulting figure
shall be the project's net wastewater
increase which shall be subject to the
provisions of Section 7183.
(b) Any permit applicant subject to
this Chapter whose application for
development was deemed complete by the
Director of Planning and Zoning prior to
July 1., 1.987, shall have the option to
have the Director calculate the project's
net wastewater increase by determining the
site's estimated wastewater flow for
either of the followings periods, July I,
1986 through June 30, 1987, or July 1,
1987 through June 30, 1988, by using the
City's utility records and other
appropriate information.
SECTION 4. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
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this Ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The city Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 6. This Ordinance is declared to be an emergency
measure adopted pursuant to the provisions of City Charter
section 615 and is necessary for preserving public peace, health
and safety. The urgency of its adoption is set forth in findings
set forth in Santa Monica Municipal Code section 7180.
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SECTION 7. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
wi thin 15 days after its adoption.
Pursuant to Ci ty Charter
section 619(d), this Ordinance shall take effect and be in full
force immediately after the passage and adoption thereof.
APPROVED AS TO FORM:
~W\.~
ROBERT M. MYERS
City Attorney
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.
Adopted and approved this 25th day of september, 1990.
D~ ')Mr
I hereby certify that the foregoing Ordinance No. 1544(ccs)
was duly and regularly introduced at a meeting of the City
Council on the 25th day of September 1990~ that the said
Ordinance was thereafter duly adopted at a meeting of the City
Council on the 25th day of September 1990 by the following
council vote:
Ayes:
Councilmembers:
Abdo, Finkel, Genser, Jennings,
Katz, Reed, Mayor Zane
Noes: Councilmembers:
None
Abstain: Councilmemhers:
None
Absent: Councilmembers:
None
ATTEST:
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