Ordinance Number 1092ORDINANCE NO. 1092
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING THE CITY'S MUNICIPAL CODE TO
ELIMINATE PROVISIONS PERTAINING TO DESIGN,
CONSTRUCTION, MAINTENANCE, OPERATION, AND
REGULATION OF PUBLIC SANITARY SEWER SYSTEMS AND
PUBLIC POTABLE AND NON -POTABLE WATER SYSTEMS,
INCLUDING CODE AMENDMENT 20-006 AS RECOMMENDED BY
THE PLANNING COMMISSION, AND A DETERMINATION THAT
SAID ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
WHEREAS the City of San Juan Capistrano, California (the "City") is a municipal
corporation duly organized under the constitution and laws of the State of California; and
WHEREAS the City has, for many years, constructed or accepted, maintained,
operated, and regulated public sanitary sewer systems and public potable and non -
potable water systems, and has, from time to time, adopted Municipal Code provisions
for regulating the design, construction, maintenance, and operation of such systems; and
WHEREAS, on January 21, 2020, the City Council adopted Resolution 20-01-21-
03 approving an Annexation Agreement between the City and the Santa Margarita Water
District providing for the transfer to, and annexation into, the Santa Margarita Water
District of all the City's public sanitary sewer systems and public potable and non -potable
water systems (the "Annexation Agreement"); and
WHEREAS, on August 19, 2021, the Orange County Local Agency Formation
Commission (LAFCO) adopted Resolution No. DA 20-01 approving the Santa Margarita
Water district annexation of the San Juan Capistrano public sanitary sewer systems and
public potable and non -potable water systems; and
WHEREAS the above-mentioned transfer and annexation will become effective on
the "Annexation Effective Date," as that term is defined in the Annexation Agreement
between the City of San Juan Capistrano and the Santa Margarita Water District, dated
as of January 21, 2020, as such may be amended, and provided for in LAFCO Resolution
No. DA 20-01; and
WHEREAS the Santa Margarita Water District periodically updates its policies,
rules, regulations, and standards for the design, construction, maintenance, and
operation of its public wastewater and public potable and non -potable water systems,
which rules, regulations, and standards may now or in the future be in conflict with certain
provisions of the City's Municipal Code; and
I WHEREAS it is appropriate and necessary to delete provisions of the City's
Municipal Code that may conflict with the policies, rules, regulations, and standards of
Santa Margarita Water District; and
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WHEREAS, on September 22, 2021, the City of San Juan Capistrano Planning '
Commission conducted a duly noticed public hearing to consider a Code Amendment (CA
20-006) amending provisions of the Land Use Code, Municipal Code Title 9, and adopted
Planning Commission Resolution 21-09-22-01 recommending City Council approval of
CA 20-006 as incorporated in this Code Amendment; and
WHEREAS the Environmental Administrator has determined that this Code
Amendment, Including CA 20-006, has been assessed in accordance with the authority
and criteria contained in the California Environmental Quality Act (CEQA), the State and
local CEQA Guidelines, and the environmental regulations of the City, and that this Code
Amendment is not subject to CEQA pursuant to State CEQA Guidelines, Section
15378(b)(5) (Cal. Code Regs., Title 14, Section 15378(b)(5)), as the Code Amendment
constitutes an organizational or administrative activity of government that will not result in
direct or indirect physical changes in the environment. Deletion of provisions of the
Municipal Code that will be supplanted by similar provisions in the policies, rules,
regulations, and standards of the Santa Margarita Water District will in no way directly or
indirectly physically change the environment and is a necessary administrative step to
ensure clear and consistent implementation of design standards for public sanitary
sewers and public potable and recycled water facilities within the city; and
WHEREAS, on October 19, 2021, the City Council conducted a duly noticed public I hearing to consider the staff report and public testimony on this Code Amendment and all
relevant public comments regarding this Code Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
The City Council hereby incorporates and adopts the foregoing recitals and
accompanying staff report as findings as though they were fully set forth herein.
SECTION 2. Compliance with the California Environmental Quality Act.
Based on all evidence presented in the administrative record, including but not
limited to the staff report for this Code Amendment, the City Council hereby finds and
determines that this Code Amendment, including CA 20-006, has been assessed in
accordance with the authority and criteria contained in the California Environmental
Quality Act (CEQA), the State and local CEQA Guidelines, and the environmental
regulations of the City, and that the Code Amendment is exempt as an organizational or
administrative activity pursuant to State CEQA Guidelines, Section 15378(b)(5) (Cal.
Code Regs., Title 14, Section 15378(b)(5)), as the Code Amendment constitutes an
organizational or administrative activity of government that will not result in direct or '
indirect physical changes in the environment.
SECTION 3. Chapter 6 (Sewage Disposal) of Title 6, Sections 6-6.01 through 6-6.13 of
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'he San Juan Capistrano Municipal Code is deleted in its entirety as follows, with deletions
shown in strikeout text:
CHAPTER 6. BEINA GE DISPOSAL
(q) Limitations and regulations for- the dfspesal of industfial wastes,, an
(d) Fees and peRnit ffeGedums to assist in the admhUstration of this GhapteF
and the mak3tenanGe of the seweF s)fstem ef the Qgj6 (§ 4, Ord. No. 63)
resolutions may establish peFm.it an -d -Atheir fees"in G-emp-G-tion 114th plan GheGkS;
kWeGUens-, and easemeRt,,, and suGh fees shag be in addWon to the se
established dkeGt�'er- iR&eGt�, by this GhapteF. (§ 2L Qrcf. No. 63)
addWen to etheF sewei: er- k7dustdal waste Gharges or fees authe4zed 1--4, this
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SECTON 5. Chapter 10 (Hazardous Materials Disclosure) of Title 6, Sections 6-10.01
through 6-10.02 of the San Juan Capistrano Municipal Code is deleted in its entirety as
follows, with deletions being shown in strikeout text:
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SECTION 6. Chapter 11 (Water Management) of Title 6, Sections 6-11.01 through 6-
11.03 of the San Juan Capistrano Municipal Code is deleted in its entirety as follows, with
deletions being shown in strikeout text:
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SECTION 6. Chapter 11 (Water Management) of Title 6, Sections 6-11.01 through 6-
11.03 of the San Juan Capistrano Municipal Code is deleted in its entirety as follows, with
deletions being shown in strikeout text:
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SECTION 9. Section 9-4.523, Subsections (a) through (d) of the San Juan Capistrano
Municipal Code, pertaining to design standards for sanitary sewer systems, are deleted
as follows, with deletions shown in strikeout text, and the subsequent subsections are re -
lettered accordingly:
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SECTION 11. Severability.
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for
any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each
section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the
fact that any one or more section, subsection, sentence, clause, or phrase would be
declared invalid, unconstitutional, or unenforceable.
SECTION 12. Certification. '
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once within 15 days of adoption in a newspaper of general
circulation printed and published within the City of San Juan Capistrano, and shall post a
certified copy of this Ordinance, including the vote for and against the same, in the Office
of the City Clerk in accordance with Government Code § 36933.
SECTION 13. Custodian of Records.
The documents and materials associated with this Ordinance that constitute the
record of proceedings on which the City Council's findings and determinations are based
are located at San Juan Capistrano City Hall, presently located at 32400 Paseo Adelanto,
San'Juan Capistrano, California 92675. The City Clerk is the custodian of the record of
proceedings.
SECTION 14. Notice of Exemption.
The City Council hereby directs City staff to prepare and file a Notice of Exemption for
this Code Amendment with the Orange County Clerk -Recorder within five working days
of the adoption of this Ordinance.
SECTION 15. Effective Date. '
This Ordinance shall become effective 30 days after its second reading.
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SECTION 11. Severability.
If any section, subsection, clause or phrase of this Ordinance or any part thereof is for
any reason held to be invalid, unconstitutional, or unenforceable by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portion of the Ordinance. The City Council declares that it would have passed each
section, subsection, paragraph, sentence, clause, or phrase thereof, irrespective of the
fact that any one or more section, subsection, sentence, clause, or phrase would be
declared invalid, unconstitutional, or unenforceable.
SECTION 12. Certification. '
The City Clerk shall certify to the adoption of this Ordinance and cause it, or a
summary of it, to be published once within 15 days of adoption in a newspaper of general
circulation printed and published within the City of San Juan Capistrano, and shall post a
certified copy of this Ordinance, including the vote for and against the same, in the Office
of the City Clerk in accordance with Government Code § 36933.
SECTION 13. Custodian of Records.
The documents and materials associated with this Ordinance that constitute the
record of proceedings on which the City Council's findings and determinations are based
are located at San Juan Capistrano City Hall, presently located at 32400 Paseo Adelanto,
San'Juan Capistrano, California 92675. The City Clerk is the custodian of the record of
proceedings.
SECTION 14. Notice of Exemption.
The City Council hereby directs City staff to prepare and file a Notice of Exemption for
this Code Amendment with the Orange County Clerk -Recorder within five working days
of the adoption of this Ordinance.
SECTION 15. Effective Date. '
This Ordinance shall become effective 30 days after its second reading.
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SECTION 16. Operative Date.
Sections 3 through 10 of this Ordinance shall become operative upon the later of the
Effective Date or the Ordinance or the Annexation Effective Date.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of
the City of San Juan Capistrano this 2nd day of November 2021.
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
i
JOHN AYLOR. MAYOR
I, MARIA MORRIS, City Clerk of the City of San Juan Capistrano, do hereby certify that the
foregoing is a true and correct copy of Ordinance No. 1092 which was regularly introduced and
placed upon its first reading at the Regular Meeting of the City Council on the 19th day of October
2021 and that thereafter, said Ordinance was duly adopted and passed at the Regular Meeting
of the City Council on the 2nd day of November 2021 by the following vote, to wit:
AY COUNCIL MEMBERS: Farias, Bourne, Hart, Reeve and Mayor Taylor
NO S:CO CIL MEMBERS: None
ABJSEN /�C 03CIL MEMBERS: None
C
Page 119
01092
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING ,
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on the
13`h day of October 2021, at least 5 days prior to the adoption of the ordinance, I caused to be
posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY'S MUNICIPAL CODE TO ELIMINATE PROVISIONS
PERTAINING TO DESIGN, CONSTRUCTION, MAINTENANCE, OPERATION,
AND REGULATION OF PUBLIC SANITARY '.SEWER SYSTEMS AND PUBLIC
POTABLE AND NON -POTABLE WATER YSTEMS, INCLUDING CODE
AMENDMENT 20-006 AS RECOMME DED BY THE PLANNING
COMMISSION, AND A DETERMINATION T AT S ID ACTION IS EXEMPT
FROM THE CALIFORNIA ENVIRONMENTA 'OPAVTY ACT
This document was posted in the Office of the City
MARIA MORRJS; CITY CLERK \ '
San Juan Capistrano, California
I
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; that in
compliance with State laws, Government Code section 36933(1) of the State of California.
On the 41h day of October 2021, 1 caused to be posted a certified copy of Ordinance No. 1092,
adopted by the City Council on November 2, 2021, entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
AMENDING THE CITY'S MUNICIPAL CODE TO ELIMINATE PROVISIONS
PERTAINING TO DESIGN, CONSTRUCTION, MAINTENANCE, OPERATION,
AND REGULATION OF PUBLIC SANITARY SEWER SYSTEMS AND PUBLIC
POTABLE AND NON -POTABLE WATER SYSTEMS, INCLUDING CODE
AMENDMENT 20-006 AS RECOMMENDED BY THE PLANNING
COMMISSION, AND A DETERMINATION THAT SAID ACTION IS EXEMPT I FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Page 120 01092
I
This document was posted in the Office of the City
i
MARIM R4,VITY CLERK
San Juan apistrano, California
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NEDRYi