SR 07-18-2023 10B
City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 10.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources
Subject: Introduction and First Reading of Ordinance Amending Santa Monica
Municipal Code 7.18.040 for Well Prohibition in the City
Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15061 (b)(3) and
Section 15308 of the CEQA Guidelines.
2. Introduce the first reading of the attached ordinance to amend Santa Monica
Municipal Code 7.18.040 for well prohibition in the City of Santa Monica.
Summary
The City of Santa Monica is one of five member agencies of the Santa Monica Basin
Groundwater Sustainability Agency (SMBGSA). The SMBGSA’s formation was
mandated by the Sustainable Groundwater Management Act (SGMA) of 2014, which
was enacted by the State of California to ensure that groundwater across the state is
managed sustainably. In compliance with SGMA, the SMBGSA prepared and submitted
the Groundwater Sustainability Plan (GSP), approved by the City Council on December
7, 2021, and adopted by the SMBGSA on January 13, 2022, to the California
Department of Water Resources before the January 31, 2022 , deadline. With the GSP
now completed, Santa Monica Municipal Code (SMMC) Section 7.18.040 Well
Prohibition Ordinance needs to be amended to align with the GSP.
Discussion
The City adopted SMMC 7.18.040 in 2018 to prohibit the installation of new
groundwater wells or the expansion of existing wells until a GSP is adopted or that it is
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expressly authorized by the GSP. The intent of SMMC 7.18.040 is to prohibit increased
groundwater production until sustainable management criteria for the Santa Monica
Groundwater Subbasin can be finalized in the GSP and as required by the SGMA of
2014. With the completion and submission of the GSP to the California Department of
Water Resources in January 2022, SMMC 7.18.040 is being amended to align with the
GSP where the installation of new wells or expansion of existing wells is prohibited
within the City of Santa Monica unless it is approved by unanimous consent of the
SMBGSA.
Please refer to Attachment A for redline version of SMMC 7.18.040.
Environmental Review
The ordinance amendment is categorically exempt from CEQA pursuant to Section
15061(b)(3) and Section 15308 of the CEQA Guidelines. The ordinance amendment is
covered by the common sense exemption (Section 15061(b)(c)) which states that
CEQA does not apply, “where it can be seen with certainty that there is no possibility
that the activity in question may have a significant effect on the environment.” The
ordinance amendment would establish regulations to protect groundwater resources for
the Santa Monica Groundwater Subbasin from depletion. In addition, the ordinance
amendment is categorically exempt pursuant to Section 15308, which exempts actions
taken by regulatory agencies for protection of the environment (Class 8). A full CEQA
review will be conducted if any new wells or expansion of existing wells is approved by
the SMBGSA.
Past Council Actions
Meeting Date Description
8/28/2018 (Attachment B) Adoption of Ordinance Adding Chapter 7.18 to the Santa
Monica Municipal Code Relating to Sustainable
Groundwater Management and Prohibiting New Private
Wells and Expansion of Private Wells Unless and Until
Permitted by a Groundwater Sustainability Plan.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the
recommended action.
Prepared By: Chris Aguillon, Water Resources Protection Specialist
Approved
Forwarded to Council
Attachments:
A. Amended 7.18.040 Well Prohibition Ordinance
B. Adoption of Ordinance Adding 7.18 Well Prohibition to the Santa Monica
Municipal Code (Web Link)
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City Council Meeting: Santa Monica, California
ORDINANCE NUMBER _________ (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA MODIFYING SECTION 7.18.040 OF THE SANTA MONICA MUNICIPAL
CODE TO UPDATE WELL PROHIBITION REQUIREMENTS
WHEREAS, in September 2014, the California legislature passed Senate Bills 1168 and
1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management
Act (“SGMA”), enacting Water Code §§10720 – 10737.8; and
WHEREAS, SGMA went into effect on January 1, 2015; and
WHEREAS, the legislative intent of SGMA, among other goals, is to provide for the
sustainable management of groundwater basins, to enhance local management of groundwater,
to establish minimum standards for sustainable groundwater management, and to manage
groundwater basins through the actions of local governmental agencies to the greatest extent
feasible while minimizing state intervention; and
WHEREAS, SGMA requires all high and medium priority non-adjudicated groundwater
basins, as designated by the California Department of Water Resources (“DWR”) in Bulletin 118,
to be managed by a Groundwater Sustainability Agency (“GSA”) and tha t such management be
accomplished pursuant to a Groundwater Sustainability Plan (“GSP”) for the basin; and
WHEREAS, the Santa Monica Basin, DWR Basin Number 4-011.01 (“Basin”) was
designated by DWR as a medium priority basin thereby requiring the implementation of SGMA
for the Basin; and
10.B.a
Packet Pg. 964 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins))
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WHEREAS, California Water Code §10721(j) defines a GSA as one or more local
agencies that implement the provisions of SGMA; and
WHEREAS, any local public agency or combination of local agencies that have water
supply, water management, or land use responsibilities within a groundwater basin may elect to
become a GSA over that basin; and
WHEREAS, in 2017, the Santa Monica Basin Groundwater Sustainability Agency
(“SMBGSA”) was formed under a Memorandum of Understanding (“MOU”) among the City of
Santa Monica, the City of Beverly Hills, the City of Los Angeles, by and through its Department of
Water and Power, the City of Culver City, and the County of Los Angeles (collectively, the
“Parties”); and
WHEREAS, on August 28, 2018, the Santa Monica City Council adopted Ord. No.
2584CCS § 1 (the “Sustainable Groundwater Management Ordinance”), adding Chapter 7.18 to
the Santa Monica Municipal Code, which prohibits the installation of new wells or the expansion
of existing wells unless and until: (a) a Groundwater Sustainability Plan is adopted; and (b) the
construction of new wells or the expansion of existing wells is expressly authorized by the
Groundwater Sustainability Plan; and
WHEREAS, the Groundwater Sustainability Plan (“GSP”) for the Basin was adopted by
the SMBGSA in January 2022; and
WHEREAS, SGMA defines sustainable groundwater management as the management
and use of groundwater in a manner that can be maintained over a 50-year planning and
implementation horizon without causing undesirable results; and
WHEREAS, under SGMA, undesirable results occur when significant and unreasonable
effects for any of six sustainability indicators are caused by groundwater conditions occurring
throughout the Basin; and
WHEREAS, the six sustainability indicators defined in SGMA are:
• Chronic lowering of groundwater levels
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Packet Pg. 965 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins))
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• Groundwater storage
• Seawater intrusion
• Degraded water quality
• Land subsidence
• Depletions of interconnected surface water; and
WHEREAS, the extraction of groundwater from the Basin is prohibited without the
unanimous consent of the SMBGSA, based upon a determination by the SMBGSA that the
extraction of groundwater from such installation or expansion will not cause undesirable effects
in the Basin, as further described in the Groundwater Sustainability Plan approved by the
SMBGSA; and
WHEREAS, the City Council now seeks to amend SMMC section 7.18.040 to prohibit new
or the expansion of existing private groundwater wells within the City of Santa Monica unless such
expansion or extraction is approved by the SMBGSA, based upon a determination by the
SMBGSA that the extraction of groundwater from such installation or expansion will not cause
undesirable effects in the Santa Monica Basin, as further described in the Groundwater
Sustainability Plan approved by the SMBGSA; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.18.040 is hereby amended to read
as follows:
7.18.040 Well prohibition.
The installation of new wells or the expansion of existing wells is prohibited within the City
of Santa Monica unless and until (a) a Groundwater Sustainability Plan is adopted; and (b)
the construction of new wells or the expansion of existing wells is expressly authorized by the
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Packet Pg. 966 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins))
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Groundwater Sustainability Plan. such installation or expansion is approved by the
unanimous consent of the Santa Monica Basin Groundwater Sustainability Agency
(SMBGSA).
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto
inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no
further, is hereby repealed or modified to that extent necessary to effect the provisio ns of this
Ordinance.
SECTION 3. 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 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 4. 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
within 15 days after its adoption. This Ordinance shall become effective 30 days from its
adoption.
APPROVED AS TO FORM:
_________________________
DOUGLAS SLOAN
City Attorney
10.B.a
Packet Pg. 967 Attachment: Amended 7.18.040 Well Prohibition Ordinance [Revision 1] (5795 : Well Prohibition Ordinance (10 mins))