Mountain Views News          Saturday, August 16, 2014

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Mountain View News Saturday, August 16, 2014 

City of Sierra Madre

ORDINANCE NO. 1358-U

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA EXTENDING AN INTERIM MORATORIUM ORDINANCE PURSUANT TO GOVERNMENT CODE SECTION 65858 ON THE 
ISSUANCE OF ALL BUILDING PERMITS AND/OR GRANTING OF DISCRETIONARY APPROVALS FOR CONSTRUCTION OF NEW DEVELOPMENT REQUIRING NEW WATER SERVICE CONNECTIONS AND DECLARING 
THE URGENCY THEREOF

WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a state of emergency in the State of California due to current drought conditions in the state; and

WHEREAS, the Governor’s proclamation also noted that the snowpack in California’s mountain is approximately 20 percent of the normal average for January 2014, and that the state is experiencing extremely dry conditions that have persisted since at 
least 2012; and

WHEREAS, the Governor’s proclamation called upon all Californians to reduce their water usage by 20 percent; and

WHEREAS, on January 17, 2014, the California State Water Resources Control Board notified all water rights holders in California that the coming months, if dry weather persists, the State Water Board will notify water rights holders in critically 
dry watersheds of the requirement to limit or stop diversions of water under their water right, based upon the priority of their rights; andWHEREAS, Sierra Madre is a public water supply distributor to the resident customers within its jurisdiction and 
produces and delivers potable water from four wells located with the Eastern Unit of the Raymond Basin; and

WHEREAS, Sierra Madre has the adjudicated right to extract up to 1,764 acre feet annually of ground water from the Eastern Unit of the Raymond Basin, plus the amount of water it can salvage through its efforts to spread water and recharge the Eastern 
Unit of the Raymond Basin; and

WHEREAS, the average annual water consumption in Sierra Madre is 3,003 acre feet, exceeding the adjudicated right; the annual additional groundwater production is allowable and offset by the amount of rainwater captured and spread for recharge; and 
WHEREAS, during the rainy season of 2012-2013 the City received only 9.72 inches of precipitation, compared to the City’s 50 year mean of 23.76 inches; because of the lack of rainfall and the restriction on diversion of water, Sierra Madre, which is the 
only entity which spreads water in the East Raymond Basin for recharge, has been able to capture and spread only a fraction of the necessary water at the spreading grounds; and

WHEREAS, on May 28, 2013 City implemented mandatory Phase II (20% reduction in use) water conservation on its existing customers; and 

WHEREAS, on July 22, 2014, the City Council increased mandatory water conservation efforts by implementing Phase III (30% reduction in use) water conservation on its existing customers; and

WHEREAS, the historically low precipitation, low recharge and continued pumping of ground water have led to an over draft of the East Raymond Basin such that the water levels in the aquifer have fallen below 500 feet above mean sea level; 
accordingly, the Raymond Basin Management Board acting in its capacity as Watermaster of the Raymond Basin, has enacted the “500 foot rule” which reduces Sierra Madre’s adjudicated ground water extraction right by 47%; 

WHEREAS, since October, 2013, due to the extended drought and over draft condition of the Eastern Unit of the Raymond Basin, the water levels of the aquifer have fallen to the extent that Sierra Madre cannot pump water for delivery from any of its 
four production wells; and

WHEREAS, for 107 years, except for a brief period where we experienced ground water contamination, Sierra Madre’s traditional sources of horizontal tunnels and groundwater wells has been sufficient to meet its water needs without having to import 
water from a supplemental source; and

WHEREAS, the citizens of Sierra Madre take great pride in the quality of the water that is produced from its traditional sources, and such water is a distinguishing and defining characteristic of Sierra Madre, and such water significantly contributes to 
Sierra Madre’s identity and sense of “place”; and

WHEREAS, for the first time in the history of the water department, Sierra Madre has become completely dependent on imported water from the San Gabriel Valley Municipal Water District (SGVMWD) via the Metropolitan Water District (“MWD”) 
to serve its existing customers, utilizing 1) 4,000 acre feet of water it had purchased and stored several years ago—however, this source of water will be exhausted by fall 2014 and 2) an additional 2,703 acre feet recently purchased from MWD, which is 
anticipated to be exhausted by March 2015; and

WHEREAS, Recital I of the September 9, 2013 Agreement for Exchange and Purchase of Water between Metropolitan Water District and the San Gabriel Valley Municipal Water District under which Sierra Madre receives its imported water supply states, 
“It is not intended that the service connection will be used by Sierra Madre or others to increase the total amount of available water to accommodate growth or to accommodate sale or leasing of Sierra Madre’s groundwater supplies to any other agency;” 
and,

WHEREAS, the current use of MWD water, which is of a slightly different chemistry from the City’s groundwater, has produced water discoloration problems for many of its existing customers, which is likely due to chemical reaction with the city’s 
distribution system or the customer’s plumbing. Although the City has hired a consultant to study the problem and provide potential solutions and options, in the meantime the customer must let the water run to flush the system in an attempt to clear the 
discolored water from the pipes, thereby using extra water during a period of mandatory conservation; and

WHEREAS, during the rainy season of 2013-2014, the City received only 5.9 inches of precipitation, compared to the City’s 50 year mean of 23.76 inches; worsening the drought and further reducing the City’s ability to capture rain water for groundwater 
recharge; and

WHEREAS, it is estimated that even with a return of normal rainfall and the renewed ability to spread water for effective recharge, that it will take at least three to five years for the East Raymond Basin aquifer water levels to recover sufficiently to enable 
the City to return to the use of its four wells for extraction and deliver any portion of its adjudicated ground water to its existing water customers; and 

WHEREAS, given the over draft condition of the East Raymond Basin, the Raymond Basin Management Board may engage a study of the Basin and review its safe yield. A reduction in the safe yield of the East Raymond Basin will further negatively 
impact the City’s ability to access sufficient ground water to supply its existing water customers; and WHEREAS, The City of Sierra Madre is located in a high fire hazard area, and the on-going drought and the overdraft condition of the East Raymond 
Basin increase the danger of fire, especially in the high fire season of the summer months, which increases the need for a reliable and sustainable supply of water; and

WHEREAS, there is no Sierra Madre “right” to continue to purchase water from MWD, which must provide water service first to its existing customers; and

WHEREAS, the City Council intends to review and update the provisions of its development and zoning code to implement new zoning and development requirements and conditions of approval which will address water conservation requirements for 
all development, provide additional review of the Water Resources chapter and Land Use element of the General Plan to address water conservation policies, and consider mitigation measures, such as “in lieu impact fees,” and regulations creating “no net 
water use increase;” and 

WHEREAS, the City has undertaken scientific studies of the composition of its well water and imported water to determine the feasibility of mixing water sources in order to for allow supplementation of local water sources with imported water rather 
than the current replacement of local water sources with imported water, and until completion of said studies the amount of water available to the City in any given year cannot be accurately forecasted; and 

WHEREAS, oscillation between using ground water from the East Raymond Basin and imported MWD water will not resolve the discoloration problems that many customers are having with the water. It is important to stabilize conditions in the East 
Raymond Basin to enable the City to return to the use of its four wells for production, delivery and distribution of its adjudicated ground water and a return of customer confidence in the water quality; and

WHEREAS, Sierra Madre’s citizens wish to return to their traditional source of water and avoid importation of water unless the necessity of importation is established by extraordinary circumstances; and

WHEREAS, Sierra Madre’ external and supplemental source of water is the San Gabriel Valley Municipal Water District, whose only supply source is the California’s State Water Project, which is currently allocating only 5% of requests to its customers; 
and

WHEREAS, if construction, that requires a new connection to the city’s water system, continues in light of the present water shortage conditions and without the benefit of additional regulations and conditions requiring water conservation measures 
which do not presently exist, the water shortage conditions faced by the City will be exacerbated; and

WHEREAS, if construction, that requires a new connection to the city’s water system, continues without a better understanding of the amount of water that the City can plan on in the long term the water shortage conditions faced by the City may be 
exacerbated; and

WHEREAS, these issues constitute a current and immediate threat to the public health, safety, and welfare, within the meaning of Government Code Section 65858; and

WHEREAS, approval of any additional subdivisions, use permits, variances, building permits or any other applicable entitlement for use which would require a new water service connection, which are not authorized by this Ordinance would result in 
these threats to the public health, safety and welfare; and

WHEREAS, Government Code Section 65858, a provision of the State Planning and Zoning Law, authorizes an interim, urgency zoning ordinance to prevent development which may be inconsistent with a plan under development—such as the City’s 
intended update of its development and zoning codes to enact more stringent water conservation requirements--pending adoption of that plan.

WHEREAS, on July 8, 2014, the City Council adopted Urgency Ordinance 1357U imposing a forty-five (45) day moratorium on the issuance of any land use approval (including, but not limited to, building permits, grading permits, conditional use 
permit, subdivisions) for construction or development of new construction where the development would require a new water service connection, on any lot in any zone within the City; and

WHEREAS, Ordinance No. 1357U would have expired by its own terms on August 22, 2014; and

WHEREAS, as directed by the City Council on July 8, 2014, Staff has commenced a review of the zoning and development codes and further review of the General Plan Water Resources and Land Use Chapters to identify possible amendments to the 
City’s Municipal and Zoning Code and General Plan policies for clear, consistent and uniform regulations related to the water conservation requirements for new development. Staff needs additional time to develop the actual regulations and have the 
regulations be reviewed by the Planning Commission, where required, prior to consideration by the City Council; and

WHEREAS, the City Council has conducted a properly noticed public hearing in accordance with Government Code section 65090 and has duly considered all written and verbal testimony during the hearing; and

WHEREAS, the City Council finds that the current and immediate threat to the public health, safety and welfare, as described in the findings herein, and as set forth in

Ordinance No.1357U still exists, and that a moratorium on the issuance of any land use approval (including, but not limited to, building permits, grading permits, conditional use permit, subdivisions) for construction or development of new construction 
where the development would require a new water service connection, on any lot in any zone within the City shall remain in effect pending completion of the City’s study and adoption of amendments to the City’s Municipal and Zoning Code and General 
Plan.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE FURTHER FINDS that the adoption of this Ordinance is necessary to protect the public safety, health and welfare by ensuring well-planned and water efficient 
development of properties in the City necessary to conserve the finite water resources for all customers and that it should adopt this interim urgency zoning ordinance as authorized by Government Code Section 65858 and

THEREFORE, THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES ORDAIN AS FOLLOWS:

Section 1. Notwithstanding any provision of the Sierra Madre Municipal Code or any other ordinance of the City of Sierra Madre, and except as otherwise provided in this Ordinance, no building permit, grading permit, conditional use permit, 
variance or other land use approval, permit or “will-serve” letter shall be issued for the construction or development of new construction where the development would require a new water service connection, on any lot in any zone within the City.

Section 2. The provisions of Section 1 of this Ordinance shall not apply to any of the following:

(a) Repair, maintenance or renovation of existing structures or facilities which already have water service connections; or to the repair or replacement of water service connections that lawfully exist as of the effective date of this Ordinance, where 
the repair or replacement complies with all applicable laws, rules and regulations.

(b) Replacement of an existing water service connection with a higher capacity water service connection, where 
necessary to accommodate installation of fire sprinklers or other fire protection facilities consistent with all applicable 
laws, rules and regulations.

(c) Repair or maintenance work which the City Manager or her designee determines is necessary to abate a threat 
to public health or safety;

(d) Any project for which all necessary discretionary approvals have been granted and for which a building 
permit has been issued by the Building Department before the close of business on the day this Ordinance takes 
effect; 

(e) New construction where an existing water service connection already exists before the close of business on 
the day this Ordinance takes effect. 

Section 3. Taking. If a person can demonstrate that the application of this ordinance to his or her property 
would constitute a taking in violation of the federal or California Constitution or would otherwise be unlawful, an 
exception to this moratorium can be made pursuant to a variance approved under Section Chapter 17.60 of the Sierra 
Madre Municipal Code. No variance application shall be required if the Director, in consultation with the City 
Attorney, determines that an exception to this Ordinance is legally required. In such case, an approval may be granted 
only if the approving officer or body of the City finds that the exception is legally required.

Section 4. California Environmental Quality Act. 

 A. This ordinance is not a project within the meaning of Section 15378 of the State CEQA 
Guidelines, because it has no potential for resulting in physical change in the environment, directly or ultimately.

 B. This ordinance is categorically exempt from CEQA under Section 15308 of the

CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with 
Government Code Section 65858 to assure maintenance and

protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and 
policies.

 C. The imposition of a moratorium on building permits or discretionary land use entitlements for 
development projects requiring new water service connections is statutorily exempt from review under the California 
Environmental Quality Act, Public Resources Code sections 21000 et seq. (“CEQA”) pursuant to Public Resources 
Code section 21080, subdivision (b)(4) and CEQA Guidelines Section 15269, subdivision (c). (Cal. Code Regs., tit. 
14, § 15269, subd. (c).) The moratorium is a specific action necessary to mitigate the effects of an emergency.

 D. The imposition of a moratorium on development requiring new water service connections is 
categorically exempt from review under CEQA pursuant to Guidelines sections 15307, which exempts “actions 
taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, 
or enhancement of a natural resource where the regulatory process involves procedures for protection of the 
environment.”

 E. This ordinance is not subject to CEQA under the general rule that CEQA applies only to projects 
which have the potential for causing a significant effect on the

environment. For the reasons set forth in subparagraphs (A) and (B) above, it can be seen with certainty that there is 
no possibility that this ordinance will have a significant effect on the environment.

Section 5. Severability. Should any provision of this Ordinance, or its application to any person, parcel or 
circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, 
that determination shall have no effect on any other provision of this Ordinance or the application of this Ordinance to 
any other person, parcel or circumstance and, to that end, the provisions hereof are severable. 

Section 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption 
if passed and adopted by at least four-fifths vote of the City Council and shall be in effect for 22 months and 15 
days there from (until July 26, 2016) unless extended or earlier terminated by the City Council in accordance with 
California Government Code Section 65858. 

Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall 
cause the same (or a summary thereof) to be published or posted according to law.

 

PASSED, APPROVED AND ADOPTED, this 12th day of August, 2014 by the following vote:

AYES: Mayor John Harabedian, Mayor Pro Tem John Capoccia, Council Members Rachelle Arizmendi, Denise 
Delmar, and Gene Goss