Mountain Views News          Saturday, November 28, 2015

15

LEGAL NOTICES

 Mountain Views News Saturday, November 28, 2015 

City of Sierra Madre

URGENCY ORDINANCE NO. 1370U

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE, CALIFORNIA, 
AMENDING CHAPTERS 13.04 (WATER SYSTEM) AND 13.24 (“MANDATORY WATER CONSERVATION PLAN”) 
BY ADDING A NEW SUBSECTION 13.24.240 (“IMPLEMENTATION OF STATE MANDATES”) ALLOWING 
FOR AMENDMENT OF THIS CODE BY CITY COUNCIL RESOLUTION, AMENDING SUBSECTION 13.04.100 
(“DELINQUENT BILLS”), PROVIDING FOR UNPAID ADMINISTRATIVE PENALTIES TO BE ADDED TO THE 
WATER BILLING, AMENDING SECTION 13.04.120 (“DISCONTINUING OF SERVICE”), PROVIDING FOR 
UNPAID ADMINISTRATIVE PENALTIES TO BE ADDED TO THE WATER BILLING, AND AMENDING SECTION 
13.24.140 (“ADMINISTRATIVE FINES AND PENALTIES”) ADDING A SUBSECTION D ESTABLIHING THE 
PROCEDURE FOR ADDING UNPAID PENALTIES TO THE WATER BILLING 

WHEREAS, on January 17, 2014, the Governor of the State of California proclaimed a state of drought 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 mountains are 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 July 8, 2014 the City Council of the City of Sierra Madre declared a water shortage emergency and initiated 
Phase III water conservation measures; and 

WHEREAS, the California State Water Resources Control Board has adopted Emergency Regulation Article X (“Prohibition 
of Activities and Mandatory Actions During Drought Emergency”)pursuant to its authority under Water Code Section 1058.5; 
and 

WHEREAS, it is necessary for the City of Sierra Madre to enact similar prohibitions in order to comply with state law; 

WHEREAS, the State of California has established a water conservation goal for the City of Sierra Madre of reducing 
the City’s water consumption by 32 percent as measured against the same period in 2013; and

WHEREAS, in spite of prior efforts to do so, the City has been unsuccessful in meeting the conservation goal as set by the 
State.

NOW THEREFORE,

SECTION 1: Municipal Code Amendment. Section 13.04.100 of the Sierra Madre Municipal Code is hereby amended to 
read as follows:

13.04.100 - Delinquent bills.

All meters shall be read by the water department as provided in Section 13.04.050 and all bills for water or other service, 
including any unpaid penalties placed on such bills pursuant to Section 13.24.140, shall be due and payable at the city hall 
upon presentation. All bills remaining unpaid thirty days after the billing date, as printed on the bill, shall thereupon become 
delinquent and there shall be added to such delinquent bill an additional charge as set by resolution, which shall thereafter 
be paid and collected as part of said bill. Where bills become so delinquent, the water service to such delinquent user may be 
restricted at any time after appropriate twenty-four hour notice and/or restriction of water service. It shall be unlawful for any 
consumer pursuant to Section 13.04.270 to adjust or alter any reduction or service as a result of this chapter.

SECTION 2: Municipal Code Amendment. Section 13.04.120 of the Sierra Madre Municipal Code is hereby amended to 
read as follows:

13.04.120 - Discontinuing of service.

A. The water rates, charges and penalties herein made, including penalties assessed for a violation of Chapter 13.24, 
shall be charged against property upon which such water or service is furnished and against the owner thereof; if for any cause 
any of such sums owing become delinquent and unpaid, or if any of the other terms of this chapter of the rules and regulations 
established as a condition to the use of water are not complied with, the water may be restricted; and provided there has been 
no bona fide change in ownership, the water shall not be turned on to the same property until all of such charges, delinquencies 
and penalties have been paid in full, including the additional sum of the amount fixed in subsection E of this section for the 
expense of turning water off and on.

B. Upon the written request of the owner of any premises upon which such water or service is furnished, the water 
superintendent may, in his/her discretion, shut off the water for a period not exceeding three months, provided no delinquency 
exists in the payment of charges and penalties for water service, upon the payment of the sum of the amount fixed in subsection 
E of this section as and for the expense of turning water off and on.

C. If no application is made to restore such water service before the end of a three-month period, the water superintendent 
may remove the meter installed for such premises and the water department shall charge and collect for reinstalling a 
meter for such premises the charges specified in Section 13.04.150.

D. After the current month subsequent to the last meter reading by the water department following the receipt of the water 
department of the aforesaid written request, no further monthly minimum charge shall be made against such premises until 
water service has been restored.

E. The amount fixed for water turn-off and turn-on charges is established by city council resolution.

SECTION 3: Municipal Code Amendment Section 13.24.140 of the Sierra Madre Municipal Code is amended to read as 
follows:

13.24.140 - Failure to comply—Penalties.

It is unlawful for any customer or user thereof of the water department to fail to comply with Sections 13.24.070 
through 13.24.120 of this chapter. Civil penalties for failure to comply with any of the provisions shall be as follows:

A. First Violation. For the first violation by any customer of the water department of any provision of Sections13.24.070 
through 13.24.120, a surcharge penalty is imposed in an amount of twice the Tier 1 water rate per one hundred 
cubic feet of water or billing units.

B. Second Violation. For the second and all future violations by any customer of the water department of any provision 
of Sections 13.24.070 through 13.24.120, a surcharge penalty is imposed in the amount of three times the Tier 1 water rate per 
one hundred cubic feet of water or billing units.

C. Pursuant to State Water Resources Control Board Emergency Rule Article X, Section X.1 and the procedures set 
forth in Chapter 1.18 (“Administrative penalties”) of this code, a violation of Sections 13.24.060(A), (B), (F), and (G) or [Sections] 
13.24.230 or additional state regulations adopted according to Section 13.24.240 of this chapter shall be punishable by 
an administrative citation as follows:

1. $125.00 for the first violation;

2. $250.00 for the second violation;

3. $500.00 for the third and any additional violation.

D. Upon the exhaustion of the procedures set forth in Chapter 1.18 (“Administrative penalties”) and this chapter for 
any penalties imposed pursuant to this section, the city may thereafter place any such unpaid penalties on the water bill in the 
manner prescribed in section 13.04.050. Payments on water bills shall first be applied to any such unpaid penalties before payments 
for water or other service. 

 SECTION 4. Municipal Code Amendment 

Section 13.24.230 of the Sierra Madre Municipal Code is amended to read as follows: 

13.24.230 - Restrictions on irrigation.

A. If so declared pursuant to a drought or water shortage emergency, in addition to the restrictions set forth in Section 
13.24.060 (A)—(G), no customer shall make, cause, use, or permit the use of water delivered from the water department more 
than two days per week for purposes of irrigating of lawn, landscape or other vegetated area (“landscape irrigation”):

1. Even-numbered addresses shall be limited to landscape irrigation on Mondays and Thursdays.

2.Odd-numbered addresses and addresses ending in fractions shall be limited to landscape irrigation on Tuesdays and Fridays.

B.The restrictions of subsection A above do not apply to landscape irrigation zones that exclusively use very low flow drip 
type irrigation systems when no emitter produces more than two (2) gallons of water per hour. These restrictions are not applicable 
to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive 
self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing 
an irrigation system.

C.No water customer shall perform any type of outdoor watering within 48 hours of a measurable rain event. A measureable 
rain event shall be defined as a storm producing 0.25 inches or more of precipitation within Sierra Madre during a 24-hour 
period.

SECTION 5. Municipal Code Amendment 

Section 13.24.240 shall be added to the Sierra Madre Municipal Code to read as follows:

13.24.240 - Implementation of state mandates.

In times of water emergency the State Water Resources Control Board may adopt regulations requiring local agencies to enact 
certain mandatory water conservation measures. In similar manner the state may rescind water conservation measures. The 
city council shall, after a noticed public hearing and by resolution, order that the appropriate water conservation measures 
as directed by the State be implemented, modified, or rescinded. The resolution shall become effective immediately upon 
adoption by the city council and shall be published once in the newspaper of general circulation. 

SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason 
held to be unconstitutional or otherwise invalid, 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 section, subsection, subdivision, 
sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or 
phrases be declared unconstitutional. 

SECTION 7. Effective Date. This ordinance shall become effective immediately upon passage and adoption if passed and 
adopted by a four-fifths vote of the City Council, pursuant to Government Code Section 36937 (b).

SECTION 8. Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be 
published or posted in the manner prescribed by law. 

PASSED AND ADOPTED this 24th day of November, 2015.

AYES: Capoccia, Goss, Arizmendi, Delmar, Harabedian NOES: None ABSENT: None ABSTAIN: None

City of Sierra Madre

ORDINANCE NO. 1368

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE AMENDING MUNICIPAL 
CODE CHAPTER 17.22 SECOND UNITS. 

THE CITY COUNCIL OF THE CITY OF SIERRA MADRE DOES HEREBY RESOLVE:

WHEREAS, on January 28, 2014, the City Council adopted the 2014-2021 Housing Element; 

WHEREAS, a housing program objective of the 2014-2021 Housing Element is to amend the City’s current second unit 
ordinance (Chapter 17.22 of the Municipal Code) to better facilitate the provision of second units for seniors, caregivers, 
and other low and extremely low income households; 

WHEREAS, second units offer a benefit to homeowners by receiving a supplementary income by renting out their 
second units, which can help many modest income and elderly homeowners afford to remain in their homes; 
WHEREAS, second units can offer an important opportunity to help Sierra Madre address its regional housing needs 
while maintaining the community’s small town character; 

WHEREAS, an amendment to Chapter 17.22 of the Municipal Code was adopted by the City Council on November 26, 
2013 to remove constraints to the production of second units in the city; 

WHEREAS, it was identified that some of the provisions in the amended ordinance were still preventing homeowners 
from applying for a second unit permit. Such constraints included the requirement that the subject property conform with 
all other requirements of the underlying zone, onerous secondary frontage setback requirements when converting existing 
structures to second units on reverse corner lots, limitation on minimum unit size, and lack of health and safety inspection 
requirements for the conversion of existing structures to second units; 

WHEREAS, the City is also concerned that new two-story second unit structures may be inconsistent with the surrounding 
residential neighborhoods and the overall small village character of Sierra Madre, and with the recent amendments made 
to the City’s R-1 Ordinance requiring a conditional use permit for construction of any second story structure; accordingly, 
an amendment to the Second Unit Ordinance to add a requirement for a conditional use permit in an effort to ensure 
that second story units are consistent with the City’s new zoning requirements and community preservation goals while 
encouraging their production is necessary; and 

WHEREAS, an Initial Study was prepared for the 2008-2014 Housing Element in accordance with the City’s guidelines 
implementing the California Environmental Quality Act (CEQA). This Initial Study was undertaken for the purpose 
of deciding whether the measures identified in the Housing Element to fulfill the City’s RHNA allocation may have 
a significant effect on the environment. On the basis of the Initial Study, the Planning Commission and City Council 
concluded that they will not have a significant effect on the environment, and a Negative Declaration was adopted by City 
Council on June 11, 2013; and 

WHEREAS, the amendments also qualify for a Statutory Exemption pursuant to Section 15061(b)(3), in that the City can 
say with certainty that there is no possibility that the activity in question may have a significant effect on the environment 
because adding the regulatory requirement of a conditional use permit in order to build a second story unit is not likely to 
result in additional construction beyond that already permissible; and 

WHEREAS, the Planning Commission conducted a duly noticed public hearing on October 1, 2015, and thereafter 
recommended that the City Council approve this Ordinance; and 

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Sierra Madre as follows: 

SECTION 1: Municipal Code Amendment. Chapter 17.22, entitled “Second Units”, is hereby amended in its entirety 
with a new Chapter 17.22 as provided herein as Exhibit “A”. 

SECTION 2. California Environmental Quality Act. The City Council has considered all of the evidence in the 
record, including the staff reports, the testimony received during the public hearing on the matter held by the Planning 
Commission and City Council, and hereby determines that the Initial Study prepared for the 2008-2014 Housing Element 
in accordance with the City’s guidelines implementing the California Environmental Quality Act (CEQA) was undertaken 
for the purpose of deciding whether the housing program objectives identified in the Housing Element to fulfill the 
City’s RHNA allocation may have a significant effect on the environment. The amendments also qualify for a Statutory 
Exemption pursuant to Section 15061(b)(3), in that the City can say with certainty that there is no possibility that the 
activity in question may have a significant effect on the environment because adding the regulatory requirement of a 
conditional use permit in order to build a second story unit is not likely to result in additional construction beyond 
that already permissible. Therefore, the City Council concludes that the amendments to Chapter 17.22 will not have a 
significant effect on the environment. 

SECTION 3. Severability; Continuation of Provisions. If any section, subsection, subdivision, paragraph, sentence, 
clause or phrase of this Ordinance is for any reason held to be invalid or unenforceable, such invalidity or unenforceability 
shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, 
clauses or phrases of this Ordinance or the rules adopted hereby. The City Council of the City of Sierra Madre hereby 
declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, 
irrespective of the fact that any one or more other remaining sections, subsections, subdivisions, paragraphs, sentences, 
clauses or phrases hereof be declared invalid or unenforceable. To the extent the provisions of the Sierra Madre Municipal 
Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately 
prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions 
and not as new enactments. 

SECTION 4. Effective Date. This Ordinance shall take effect thirty days after its passage and adoption pursuant to 
California Government Code section 36937. 

SECTION 5. Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be 
published or posted in the manner prescribed by law. 

PASSED AND ADOPTED this 24th day of November, 2015. 

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

 

NOES: None 

City of Sierra Madre

PUBLIC HEARING NOTICE

From: The City of Sierra Madre

Subject: Summary of Urgency Ordinance No. 1373-U:

URGENCY ORDINANCE 1373-U OF THE CITY COUNCIL OF THE CITY OF SIERRA MADRE AMENDING 
TITLE 17, CHAPTER 17.93 (STANDARDS AND CRITERIA FOR WIRELESS COMMUNICATIONS 
FACILITIES) OF THE SIERRA MADRE MUNICIPAL CODE TO COMPLY WITH FEDERAL REQUIREMENTS 
FOR WIRELESS FACILITIES AND DECLARING THE URGENCY THEREOF IN ACCORDANCE WITH 
GOVERNMENT CODE SECTIONS 36934 AND 36937

On December 8, 2015, the City Council will consider the adoption of Ordinance No. 1373-U, an Urgency Ordinance 
of the City Council of the City of Sierra Madre, amending Chapter 17.93 (“Standards and Criteria for Wireless 
Communication Facilities”) to the Sierra Madre Municipal Code. Chapter 17.93 is amended to fulfill requirements of 
Assembly Bill 57 (AB 57) describing that a wireless facility colocation or sitting application that is not acted on by the 
local jurisdiction in accordance with time periods and procedures established by Federal Communications Commission 
ruling in Government Code Section 6594.1 and Section 6580.6 shall be deemed approved. 

The proposed ordinance complies with the requirements of AB 57. The Ordinance is proposed to be approved as an 
urgency ordinance upon specified health and safety findings and a 4/5 vote pursuant to Government Code section 36937. 
This summary is published pursuant to Government Code Section 36933(c)(1) and a full and complete certified copy 
of the text of proposed Ordinance No. 1373-U is available at the Sierra Madre City Manager’s Office located at City of 
Sierra Madre City Hall, 232 W. Sierra Madre Blvd., Sierra Madre, CA. 

All interested parties may attend this meeting and the City Council will hear them with respect thereto. If you have any 
questions, please contact the Planning and Community Preservation Department at 626-355-7138 and ask to speak to 
Vincent Gonzalez, Planning Director.

CITY COUNCIL MEETING PLACE OF HEARING

City of Sierra Madre City of Sierra Madre

City Council meeting City Council Chambers

Tuesday, December 8, 2015 232 W. Sierra Madre Blvd.

(Meeting begins at 6:30 p.m.) Sierra Madre, CA 


Mountain Views News 80 W Sierra Madre Blvd. No. 327 Sierra Madre, Ca. 91024 Office: 626.355.2737 Fax: 626.609.3285 Email: editor@mtnviewsnews.com Website: www.mtnviewsnews.com