1 MEMORANDUM
DATE: December 13, 2022
TO: Justin Hess, City Manager
FROM: Dawn Roth Lindell, General Manager, Burbank Water and Power BY: Drew Johnstone, Sustainability Officer, Burbank Water and Power
SUBJECT: December 13, 2022 City Council Meeting Agenda Item No. 2 – Adoption of an Ordinance Amending Title 5, Chapter 3, Article 15, Section 5- 3-1504 of the Burbank Municipal Code to Update Water Efficiency Requirements for Specific Plumbing Fixtures
This memo is to update Attachment 1 regarding the December 13, 2022 City Council Regular Meeting Agenda Item No. 2 – Adoption of an Ordinance Amending Title 5, Chapter 3, Article 15, Section 5-3-1504 of the Burbank Municipal Code to Update Water Efficiency Requirements for Specific Plumbing Fixtures.
Below are the changes to Attachment 1:
THE COUNCIL OF THE CITY OF BURBANK FINDS AS FOLLOWS:
A. The current standards in Burbank Municipal Code Section 5-3-1504 has not been updated to reflect the most current changes in the California Plumbing Code in connection with the sale or exchange of a property in Burbank.
B. Updating Burbank Municipal Code Section 5-3-1504 will continue to facilitate water conservation in the community by retrofitting inefficient fixtures with fixtures that meet more stringent maximum fixture flow rates set by the California Plumbing Code.
THE COUNCIL OF THE CITY OF BURBANK DOES ORDAIN AS FOLLOWS:
Section 1. Environmental Review. The City Council exercises its independent judgment and finds that this ordinance is not subject to California Environmental Quality Act (CEQA) pursuant the State CEQA Guidelines, California Code of Regulations, 15061(b)(3), because the ordinance is covered by the general rule that CEQA applies
WATER AND
POWER
2 only to projects which have the potential for causing a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
Section 2. Amendment and Restatement of Article 5-3-1504. BMC Title 5, Chapter 3, is amended and restated as set forth in the attached Exhibit A.
Section 3. Codification. The City Manager or their designee is authorized to execute any action necessary to codify these amendments into the BMC.
Section 4. Severability. If any provision of this ordinance or its application is held invalid by a court of competent jurisdiction, such invalidity will not affect other provisions, sections, or applications of the ordinance which can be given effect without the invalid provision or application, and to this end each phrase, section, sentence, or word is declared to be severable.
Section 5. Effective Date. This ordinance is effective at 12:01 a.m. on the 31st day after the date of adoption.
Section 6. Publication. The City Clerk will certify to the passage of this ordinance and cause the City Attorney Synopsis of this ordinance to be published once in a newspaper of general circulation within 14 days of adoption, that is published and circulated in the City of Burbank, California.
EXHIBIT A
Sec. 5-3-1504. Retrofit Measures.
ATTACHMENTS
Attachment 1 – Ordinance