SR-8-B (7)
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B-B
JUL 26 1988
Santa Monica, California
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CA:RMM:emd012/hpw
City Council Meeting
STAFF REPORT
TO:
Mayor and city council
FROM:
City Attorney
SUBJECT:
ordinance Adding Chapter 2B to Article VII of
the Santa Monica Municipal Code Restricting the
Amount of wastewater Permitted to be Discharged
into the Santa Monica Sewer System and Declaring
the Presence of an Emergency
At its meeting on July 12, 1988, the City council directed
the City Attorney to prepare an emergency ordinance implementing
staff recommendations regarding limiting the rate of of
wastewater increase within the City of Santa Monica. In
response to this direction, the accompanying emergency ordinance
has been prepared and is presented to the City Council for its
consideration.
SECTION-BY-SECTION ANALYSIS
The following is a section-by-section analysis of the
accompanying ordinance:
section 7180.
This Section sets forth the findings and
purposes of Chapter 2B of the Santa Monica Municipal Code and
declares the presence of an emergency.
section 7181. This Section sets forth definitions of words
and phrases used throughout the Chapter.
section 7182.
This section provides that no building
permits shall be issued unless a project has first received from
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the Director of General Services a sewer allocation permit or a
determination that the project does not require a permit.
Section 7183. This Section provides that beginning July 1,
1988, the City shall limit the amount of wastewater entering the
Santa Monica sewer system to no more than 1.36% above the amount
generated in the period July 1, 1987 through June 30, 1988. This
1.36% increase shall be allocated over two six month periods. No
more than fifty percent (50%) of the increase shall be allocated
in the period from July 1, 1988 through December 31, 1988, and
the remaining amount shall be available for allocation in the
period from January I, 1989 through June 30, 1989. In addition,
the Director of General Services shall ensure compliance with
those limitations through the issuance of sewer allocation
permits.
section 7184. This Section provides that sewer allocation
permits shall be allocated on a first come first served basis.
This Section requires that before a permit will be issued, a
project must have received all other necessary City approvals and
permits, except for building permits. In addition, a sewer
allocation permit shall only be issued if there is sufficient
wastewater capacity available. If there is insufficient
wastewater capacity available, the proj ect will be placed on a
waiting list in the order of date and time of day that the permit
application was accepted. In addition, ten percent (10%) of the
City's permitted annual wastewater allotment increase shall be
reserved for priority proj ects . The priority proj ect reserve
amount shall be allocated over two five month periods. Fifty
percent (50%) of the reserve amount shall be allocated from July
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1, 1988 through November 30, 1988, and fifty percent from January
I, 1989 through May 31, 1989. In the period December 1, 1988
through December 30, 1988, and again in the period June 1, 1989
through June 30, 1989, any unallocated reserve amount shall be
allocated for any projects. Furthermore, if the reserve amount
established for priority projects is exhausted by such projects,
the Director shall place the project on a waiting list.
section 7185. This Section provides that a project's
projected net wastewater increase shall be calculated by using
utility and other records for the project's site for the period
July 1, 1987 through June 30, 1988. In addition, at the option
of the developer, a project with a complete set of building plans
on file by July I, 1987, may have the Director calculate the
project's net wastewater increase by using the site's estimated
wastewater flow for the period July 1, 1986 through June 30,
1987 . Either of these amounts shall be subtracted from the
project's estimated wastewater flow to determine the net
wastewater increase.
Section 7186. This Section establishes a zero net flow
option. By using this option, a project would not have to wait
for allocated wastewater flow to receive a sewer allocation
permit. To be considered for this option, a project must submit
proper documentation that due to either on-site treatment or
off-site retrofitting, or a combination of both, the project has
a zero net flow. In addition, the applicant has the burden of
providing the Director with access to all sites so that proper
inspections can be made to verify treatment or retrofitting. If,
as a result of a preliminary determination, the Director
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concludes that the project is likely to have a zero net flow, the
Director shall issue a permit. However, if as a result of final
inspections and calculations, the Director determines that the
proj ect does not have a zero net flow, the proj ect will be
required to take such steps as are necessary to achieve zero net
flow. No Certificate of Occupancy can be issued until the
Director finally certifies that a zero net flow is achieved.
Section 7187. This Section lists the types of priority
projects which are eligible for the 10% priority reserve amount.
Section 7188. This section provides that all projects
greater than 150,000 square feet in floor area shall install an
on-site wastewater treatment facility in accordance with
procedures as are established by resolution of the City Council.
Section 7189. This Section provides that certain projects
will be exempted from any of the requirements of this Ordinance.
Such projects include those that have received building permits
prior to the adoption of this Ordinance, any project that has a
complete set of building plans on file on or before April 19,
1988, as well as certain residential housing projects which have
tentative tract maps on file within the prescribed dates.
Section 7190. This Section provides that application
processing or permit fees shall be established by resolution of
the City Council.
RECOMMENDATION
It is respectfully recommended that the accompanying
emergency ordinance be adopted.
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PREPARED BY: Robert M. Myers, City Attorney
Joseph Lawrence, Assistant City Attorney
Edward P. Manning, Deputy City Attorney
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