O27661
City Council Meeting November 14, 2023 Santa Monica, California
ORDINANCE NUMBER 2766 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA ADDING SECTION 7.04.880 TO THE SANTA MONICA MUNICIPAL
CODE TO REQUIRE WASTEWATER CAPACITY STUDIES FOR NEW
DEVELOPMENTS
WHEREAS, the City’s Department of Public Works- Water Resources Division is
responsible for all facilities that support the collection and conveyance of wastewater for
safe collection and treatment; and
WHEREAS, the City and its wastewater infrastructure are largely built out,
therefore, the wastewater collection infrastructure is already in place and generally fixed
in nature; and
WHEREAS, the City, to the extent practical, will provide wastewater service
when: 1) sufficient collection capacity is available to accommodate the demand
approved by the City’s Water Resources Division within the service area and 2) the
proposed development can be provided with wastewater collection services in a fashion
that meets the City’s criteria as well as the City of Los Angeles’ criteria; and
WHEREAS, the City currently collects and convey its wastewater to the City of
Los Angeles’ Hyperion Treatment Plant as part of City of Los Angeles’ Amalgamated
System; and
WHEREAS, the City’s Water Resources Division seeks to add a new section of
code to require all new multi-family, mixed-use, institutional, and commercial
development in the City to conduct a wastewater capacity study to confirm available
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capacity and identify local off-site water infrastructure improvements that the
applicant/developer is responsible for to serve the development.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 7.04.880 is hereby added to
read as follows:
7.04.880 Wastewater Capacity Study Required for New Development.
(a) Applicability. Except as provided in subparagraph (g), below, an applicant for
New Development in the City shall conduct a Wastewater Capacity Study to determine
whether and to what extent additional local off-site wastewater infrastructure
improvements are necessary to serve the development.
(b) Definitions.
i. “New Development”. For the purposes of implementing this
Section, New Development means any new construction with water fixtures; any
increase in gross floor area of an existing development with new water fixtures;
and any subdivision of land, including lot splits. Without limiting the generality of
the foregoing definition, new development includes the addition of an accessory
dwelling unit, as defined in Section 9.31.025, but does not include the addition of
a junior accessory dwelling unit, as defined in Section 9.31.025;
ii. “Adverse Impact” means the inability to provide adequate
wastewater collection service due to the size of the existing infrastructure
compared with the demand for wastewater service required to serve existing
and/or New Development.
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iii. “Wastewater Capacity Study” means a hydraulic analysis of the City’s
wastewater collection system to determine if the existing infrastructure could
maintain reliable service to the New Development or if off-site improvements are
required to serve the New Development.
(c) Timing for Submittal of Study.
i. The need to conduct a Wastewater Capacity Study for the New
Development shall be confirmed before the planning application, including but
not limited to Administrative Approval Application or application for Development
Review Permit, is deemed complete by the City. The Wastewater Capacity Study,
if required, shall be completed based upon the guidelines published by the City’s
Water Resources Manager and posted on the Water Resources Division website.
ii. If a Wastewater Capacity Study is required for the New Development,
the capacity study, findings of the capacity study, and the plans for any local off-
site improvements required to serve the New Development shall be completed
before building plans are submitted for Building Permit Plan Check.
(d) Requirements for Off-Site Improvements. If the City’s Water Resources
Manager or designee determines, based upon the Wastewater Capacity Study results,
that additional off-site infrastructure is required to satisfy the additional demand created
by the New Development, then the applicant for the New Development shall be required
to construct off-site infrastructure as necessary to accommodate the New Development.
Required off-site improvements shall be confirmed at the time of Building Permit Plan
Check.
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(e) The applicant for the New Development shall be responsible for paying all
administrative fees (e.g., Sewer Study Review Fee) incurred by the City to review the
Wastewater Capacity Study.
(f) The Water Resources Manager may refuse water service in areas where the
New Development will cause or contribute to creation of an Adverse Impact on the
City’s wastewater collection infrastructure.
(g) Exemptions.
i. The City’s Director of Public Works may exempt an applicant or
New Development from the requirements of this Section, upon showing by the
applicant that the requirements of this Section would cause undue hardship.
ii. For purposes herein, an “undue hardship” shall be found where
imposition of the water capacity study and local off-site improvement
requirements would deprive the applicant or New Development of all
economically beneficial use of that site or otherwise be prohibited by applicable
State or Federal law.
iii. An undue hardship application shall include all information
necessary for the Director to make a finding of undue hardship, including, but not
limited to, documentation showing the factual support for the claimed undue
hardship.
iv. The Director may approve the undue hardship exemption
application, in whole or in part, with or without conditions.
v. Any exemption granted by the Director is effective immediately.
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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 provisions 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
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Approved and adopted this 14th day of November, 2023.
_____________________________
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Esterlina Lugo, acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2766 (CCS) had its introduction on
October 24, 2023 and was adopted at the Santa Monica City Council meeting
held on November 14, 2023, by the following vote:
AYES: Councilmembers Zwick, Parra, Brock, Torosis, de la Torre
Mayor Davis
NOES: None
ABSENT: Mayor Pro Tem Negrete
ATTEST:
_____________________________________ _________________
Esterlina Lugo, Acting City Clerk Date
A summary of Ordinance No. 2766 (CCS) was duly published pursuant to
California Government Code Section 40806.
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11/16/2023