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CARLSBAD
CLOVIS
IRVINE
LOS ANGELES
PALM SPRINGS
POINT RICHMOND
RIVERSIDE
ROSEVILLE
SAN LUIS OBISPO
2565 Alluvial Avenue, Suite 112, Clovis, California 93611 559.490.1210 www.lsa.net
MEMORANDUM
DATE: September 24, 2024
TO: Cheryl Burns, MPA, Senior Management Analyst
City of Fresno, Department of Public Utilities
FROM: Kyle Simpson, Principal
SUBJECT: Water Conservation Ordinance Amendments – Common Sense/No Possibility of Effects Exemption
INTRODUCTION
The City of Fresno (City) proposes several modifications to the Fresno Municipal Code (FMC), Water Shortage Contingency Plan (WSCP), and Master Fee Schedule (MFS), including changes to enforcement activities and fine structure. This memorandum has been prepared to support the City’s determination that the proposed modifications are exempt from the California Environmental Quality Act (CEQA).
Section 15061(b)(3) of the CEQA Guidelines states that if there is no possibility that a proposed activity would result in a significant effect on the environment, the activity is not subject to CEQA.
This memorandum provides a description of the proposed modifications and describes the basis for these modifications to be exempt from CEQA.
PROJECT DESCRIPTION
The City proposes to adopt an ordinance to amend several sections of the FMC, relating to regulations for urban water conservation and water efficient landscape standards. The proposed amendments to the FMC will be reflected in the WSCP and MFS. The proposed amendments to the applicable sections of the FMC are summarized below in Table 1, and the specific text changes to the FMC are attached to this memorandum and are shown in redline and strikethrough text.
EXEMPTION FROM CEQA
Section 15061 of the CEQA Guidelines states the following:
15061. Review For Exemption
(a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA.
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2 Table 1: Proposed Amendments to the Fresno Municipal Code Freno Municipal Code Section Summary of Proposed Changes Section 6-501, Subsection (VV) Changes the definition of “Excessive Water Use” to be 400 gallons per hour, regardless of the WSCP Stage in effect at any given time.
Section 6-520, Subsection (a) Clarifies and defines short-term exemptions for water conservation Section 6-520, Subsection (e) Clarifies enforcement of Water Conservation Regulations by:
• Reducing the incident reporting cycle from one month to two weeks to allow for reporting to occur in shorter intervals.
• Requiring implementation of specific water conservation measures. • Updating the fine structure to change with applicable WSCP Stages.
Section 6-522 Clarifies implementation of enforcement activities related to irrigation systems and appeal process.
(b) A project is exempt from CEQA if:
(1) The project is exempt by statute (see, e.g. Article 18, commencing with Section 15260). (2) The project is exempt pursuant to a categorical exemption (see Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in Section 15300.2.
(3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
(4) The project will be rejected or disapproved by a public agency. (See Section 15270(b)). (5) The project is exempt pursuant to the provisions of Article 12.5 of this Chapter. […]
As stated in Section 15061(b)(3), an activity is exempt from CEQA where it can be seen with certainty that there is no possibility that the activity in question would result in a significant effect on the environment. This is referred to as the Common Sense Exemption or the No Possibility of Effects Exemption, as it can be stated with certainty that the proposed activity does not affect the environment.
CEQA Guidelines Section 15382 defines a “significant effect on the environment” as “a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance.”
It is intended that, with implementation of the proposed modifications to the FMC, WSCP, and MFS, maintaining the 400 gallons per hour Excessive Water Use threshold in all WSCP Stages would result
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3 in more effective customer education and greater understanding of the Excessive Water Use threshold. In addition, penalizing customers for normal household tasks would be avoided.
Furthermore, through the use of a moratorium on annual and short-term exemptions in WCSP Stage 3 through WCSP Stage 5, the City expects that there would be a reduction in the amount of water allowed for outdoor use, as it removes these water use exemptions and, combined with the reduced outdoor water use days, limits the days and times when customers may perform certain types of outdoor water use activities. In addition, as higher WSCP Stages are implemented, the fine structure multiplies, thereby creating a greater incentive for customers to comply with the outdoor water use restrictions. As a result, relative to current amounts of conserved water, a greater amount of water is expected to be conserved through implementation of the proposed modifications.
Currently, the City’s enforcement activities related to water conservation restrictions are ineffective, and the results of enforcement activities are insignificant. The proposed changes to the FMC, WSCP, and MFS would allow the City to modify the Excessive Water Use threshold, modify the fine structure for excessive water use, and consolidate and clarify enforcement procedures to conserve water. Through implementation of the proposed modifications, the City would be more effective and efficient with enforcement of water conservation activities, thereby increasing water conservation. As a result, these actions would not result in a substantial or potentially substantial adverse change on the environment, but would instead be beneficial for long-term water conservation.
SUMMARY
On the basis of the explanation provided above, the proposed modifications to the FMC, WSCP, and MFS are exempt from CEQA because it can be seen with certainty that there is no possibility that the proposed modifications would result in a significant effect on the environment. As a result, a Notice of Exemption may be prepared for the proposed modifications.
Attachment: Proposed Modifications to the Fresno Municipal Code
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5 ATTACHMENT
PROPOSED MODIFIIATIONS TO THE FRESNO MUNICIPAL CODE
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