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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 Page 1 01092 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 Page 2 01092 '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 ._ Page 3 01092 r: - "ITRO-0-10"MR01-0 r ft"O." ---------- - - -- MINN.- 110MMIN W -W 1-' 0' MEMO , , W, I' Page 8 01092 ._ r: - "ITRO-0-10"MR01-0 r ft"O." ---------- - - -- MINN.- 110MMIN W -W 1-' 0' MEMO , , W, I' Page 8 01092 ,,-- - -- - - - -1 TgV M-- I (1) City phone numbers. 62) SQGWA phone numbers. (3) Rec-ording the time of the inGident. /AI Name and /.,,...tion of use. . (6) GGR;9GWe adien taken. Page 10 01092 wh I. �. _ Page 10 01092 TAwr RM, I _ _ 1 T7RS.Tlf I I/� .T.7l7TS71tJ7L71 1• I - I - • I / I I _ _ 1 T7RS.Tlf I I/� .T.7l7TS71tJ7L71 Page 17 01092 1 T7RS.Tlf I I/� Page 17 01092 ON �"iffwwwwiwllllf Page 20 01092 101 Y, Ri'ifir" 1 4- Page 20 01092 ., „_ ,. ,.TZ ._ , .. , Page 20 01092 ., „_ ,. ,.TZ ._ , Page 20 01092 Page 21 01092 MY ml Page 21 01092 (1) BAT!: BestAva#able TeGhnele 62) Best Management P4aGt Ve 4) Q SAO». Base:ine ::AoniteFir.., R .f a3-.-.crpvrz n. /51 QOT»• Best -FaGtinah/e T h I ». 171 CARL- Gemann., A..theFize.d Re tat' ve ». n. ». (12) CK42L Combined WasteweateF F a (43) DO"-.- Dissolved GxygeR (14) CPA"• Cnvi.•anmental PFeteotien Agennv (15) ERP»: €nfe:eement Response la (16) cnr_». cars nils and Grease (17) cony,», Fats, oears nil. aneln_,,.ase (19) m». Gauans per- Minute (0) n m• Industrial Use 1911 Ih(,1.,,r• Pounds Per- Day r� (22) IP L. Joint Rowe sy4uffia;:itY (23) LELL- 6eww EKp eshie Limit (94) AAA»• AAemhe. ngema 125) mg d»• Wien Gallons per- Da, 1 Page 22 01092 I \ � I I IMMATAM I • 1 1 n. (47) LL. c r »• I i:.ed Stata9 Co -el (rv)mgrr_ MAYgrams per- (49) pg/L»- Miemgrams peF i r*eF in 000001) (50) ngl"-.- Nanograms per Liter- (0. 000000004) ». 201-1) Page 23 01092 01.06.0-11 1 RM Page 24 01092 i A Page 25 01092 w........... . FIVIAW. . . , • �• JL . . ■ . - . rim Page 26 01092 Page 27 01092 ■ I ' I ■ mr ■ 1 . • • � I 1 Page 27 01092 Page 28 01092 Page 32 01092 INN" Page 32 01092 LWQ- Page 32 01092 Page 33 01092 I• aw Will- I� Page 33 01092 aw Will- Page 33 01092 PRISON WON Page 34 01092 1 Page 38 01092 i WINESI a Cifirls Page 39 01092 i 1 . _ •L7C Page 40 01092 Page 41 01092 i 1 Page 44 01092 I _ i 1. � i• �iiA:�� _ � �:��'y.'. RAN" MOMIll •_ _ • I antiIMC. 1 Page 44 01092 I _ i 1. � i• �iiA:�� _ � �:��'y.'. 1 Page 44 01092 IN -Mg r-wro" Page 47 01092 WA M. 'IMM72T.M.r son" r resser� 194 Ml -V 11,11ICT-11 Page 48 01092 _ :•:uitiarar° 194 Ml -V 11,11ICT-11 Page 48 01092 - rr� srrrr. Page 49 01092 r LJ Page 57 01092 Ill�i�liwl!--o Arm mmm Page 57 01092 I.P.M ffi� /a�ilf�KlfG7:T/K , Page 59 01092 ..,, • .. , /a�ilf�KlfG7:T/K , Page 59 01092 Lfri�,. - Mw AIW�Mzl loom .............. "Will 0 A.' Page 62 01092 Page 63 01092 Page 64 01092 Page 65 01092 Page 68 01092 (b) gaR�,sec-tien-,subSeGtiOR,elauseer-phFaseefthiSGhapteFisfeFan),reasen Page 69 01092 Wit, N Md r (b) gaR�,sec-tien-,subSeGtiOR,elauseer-phFaseefthiSGhapteFisfeFan),reasen Page 69 01092 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: F R-1 11 Moo 11 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: Page 70 01092 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: Page 70 01092 Page 81 01092 ...F {.�. r .e4. f�� ��� TvrPrvpet: d f7'l1. W IN 1 Slim 11 p ow ■ • _ /el Upon r int of an a .ed /li..eherge Permit CCCo shall eenduGt the eperetie..e and m intenenoe adhg6en a &.tent Mth the re .dr mento of Jhiq Page 97 01092 errrsTt_sur_��xtr=re�sarsrss�r. r. rrrn:z� Page 104 01092 Page 106 01092 . M,.r-T-.ImffrF7 Page 106 01092 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: Page 112 01092 Page 113 01092 w 0 N \ U• \ 1 11 I 1 1 1 n '\ 7 \ o \ \ o \ \ 1 1� 11• 1■ 1� 0 11 q • 1 1 • 1 u • • 1 1 1 1 1 • ,• 1• 1 1 11 a 1, ; 1• 1 1 _1 11 q 1• o \ 1 1 1 1 1 1 1 11 • 1• 11 o y 1 • y 1 11 • 1 • 11 1• 1 11 1 11 • 1 • u o 1 1 1• 11 u 1 1. ^ �• 1 u o O u I• u o 1 \ 0 1• 1 1 1 •• • u o 1 1• 1 1 1 0 1 0 1 1 1 � • 1 1 1 1 • 0 1 1 n �• 1 1 y o u 0 1 1 u 11 1 y • 1 1 u 0 o u u 1• 1 1 1 11 11 1 1 1 1 I 1 11 1\ 1• 1\ 1 1\ 1 1 �� �\ Aitemal Diameter- (inGhes) slope 8 0.0040 19 9:9932 12 9-0924 45 0.001 1$ 9.0014 24 9.001 24 0001 77 and om, 9.090 Page 115 01092 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. Page 118 01092 WON FRI 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. Page 118 01092 7 L 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 Page 121 NEDRYi