1 TO: City Council
FROM: Ryan Smoot, City Manager
PREPARED BY: Carla Dillon, P.E., Public Works Director
MEETING DATE: January 17, 2023
SUBJECT: Second Reading and Adoption of Ordinance No. 841 Amending Lomita Municipal Code Title V, Chapter 9 “Low Impact Development Implementation”
RECOMMENDATION
Adopt Ordinance.
BACKGROUND
On December 20, 2022, the City Council introduced on first reading an ordinance amending Chapter 9 (Low Impact Development Implementation) of Title V (Sanitation and Health) of the Lomita Municipal Code to ensure that the City has legal authority to enforce provisions of the Los Angeles Water Board’s 2021 Municipal Separate Storm Sewer System (MS4) National Pollutant Discharge Elimination System Permit (NPDES) Permit (Permit). This agenda item is to approve the second reading and adoption of the ordinance.
OPTIONS:
1. Approve the attached ordinance.
2. Do not approve the ordinance.
3. Provide staff with further direction.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 841
Item No. 7k
CITY OF LOMITA
CITY COUNCIL REPORT
2 Reviewed by: Approved by:
_______________________ ______________________
Gary Y. Sugano Ryan Smoot
Assistant City Manager City Manager
Reviewed by:
__________________________
Carla Dillon, P.E.
Public Works Director
ORDINANCE NO. 841
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOMITA,
CALIFORNIA, AMENDING LOMITA MUNICIPAL CODE TITLE V,
CHAPTER 9, “LOW IMPACT DEVELOPMENT IMPLEMENTATION”
THE CITY COUNCIL OF THE CITY OF LOMITA DOES HEREBY FIND AND ORDAIN AS FOLLOWS:
Section 1. Findings.
The City of Lomita is one of eighty-four permittees in Los Angeles County for the Los Angeles Water Board’s Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System Permit (MS4 Permit). The MS4 Permit is typically updated every five to ten years, with the most recent update occurring in 2021. Amending Sections 5-9.020, 5-9.030, 5-9.060, and 5-9.180 of Chapter 9 (Low Impact Development Implementation) of Title V (Sanitation and Health) of the Lomita Municipal Code are required to comply with the new previsions in the MS4 Permit.
Section 2. Sections 5-9.020, 5-9.030, 5-9.060, and 5-9.180 of the City of Lomita Municipal Code is amended to read as follows:
Section 5-9.020. - Scope of chapter.
(a) Low impact development (LID) implementation. The planning and land development program is a compliance component under municipal NPDES permit. Subject new development and redevelopment projects are required to comply LID conditions assigned by the city that shall consist of: (1) LID structural and non-structural best management practices (BMPs); (2) source control BMPs; and (3) structural and nonstructural BMPs for specific types of uses. LID controls effectively reduce the amount of impervious area of a completed project site and promote the use of infiltration and other controls that reduce runoff. Source control BMPs prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4. Specific controls are also required to address pollutant discharges from certain uses including but not limited to housing developments, retail gasoline outlets, automotive-related facilities, restaurants, and industrial and commercial facilities where pollutant materials are disposed, stored, or handled.
(b) Stormwater management/watershed management program. The city's stormwater management program (SWMP) or watershed management program (WMP), whichever is in effect at the time of review, is hereby incorporated by reference and shall contain specific conditions and procedures for meeting planning and land development program and LID requirements. The program plans shall reference guidance documents to facilitate compliance, including, but not limited to, the current Los Angeles County BMP guidebook, Los Angeles County LID impact design manual, and USEPA's Green Street guidance manual. These guidebooks and manuals shall be made available for review by the public in the public works department office.
Attachment No. 1
Ordinance No. 841
(c) Applicability. New development and redevelopment projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution prior to completion for the project(s), are listed in Part VIII.F.1.a-b of the municipal NPDES Permit. (1) Redevelopment projects.
a. Where redevelopment results in an alteration to more than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, the entire project must be mitigated. b. Where redevelopment results in an alteration of less than fifty (50) percent of impervious surfaces of a previously existing development, and the existing development was not subject to post-construction stormwater quality control requirements, only the alteration must be mitigated, and not the entire development.
c. Redevelopment does not include routine maintenance activities that are conducted to maintain original line and grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity required to protect public health and safety. Impervious surface replacement, such as the reconstruction of parking lots and roadways which does not disturb additional area and maintains the original grade and alignment, is considered a routine maintenance activity. Redevelopment does not include the repaving of existing roads to maintain original line and grade. d. Any other project as deemed appropriate by the director of public works to prevent runoff contact with pollutant materials that would otherwise be discharged to the MS4.
(Ord. No. 647, § 1, 9-3-02; Ord. No. 770, § 3, 6-16-14) Section 5-9.030. - Definitions.
Except as specifically provided herein, a term used in this section shall be defined as that term in the current municipal NPDES permit, or if it is not specifically defined in either the municipal NPDES permit, then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any term contained in this chapter conflicts with the definition of the same term in the current municipal NPDES permit, then the definition contained in the municipal NPDES permit shall govern. The following words and phrases shall have the following meanings when used in this chapter:
Automotive service facility means a facility that is categorized in any one of the following standard industrial classification (SIC) codes: 5013, 5014, 5511, 5541, 7532- 7534, 7536-7539. For inspection purposes, permittees need not inspect facilities with SIC codes 5013, 5014, 5541, 5511, provided that these facilities have no outside activities or materials that may be exposed to stormwater.
Ordinance No. 841
Basin plan means the Water Quality Control Plan, Los Angeles Region, Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted by the Regional Water Board on June 13, 1994, and subsequent amendments.
Best management practice (BMP) means practices or physical devices or systems designed to prevent or reduce pollutant loading from stormwater or non-stormwater discharge to the receiving water.
Biofiltration means a LID BMP that reduces stormwater pollutant discharges by intercepting rainfall on vegetative canopy, and through incidental infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important factor in achieving the required pollutant load reduction. Therefore, the term "biofiltration" as used in this chapter is defined to include only systems designed to facilitate incidental infiltration or achieve the equivalent pollutant reduction as biofiltration BMPs with an underdrain (subject to approval by the regional board's executive officer). Biofiltration BMPs include bioretention systems with an underdrain and bioswales.
Bioretention means a LID BMP that reduces stormwater runoff by intercepting rainfall on vegetative canopy, and through evapotranspiration and infiltration. The bioretention system typically includes a minimum two-foot top layer of a specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug into the in-situ soil. As defined in the municipal NPDES permit, a bioretention BMP may be designed or constructed with an underdrain it is regulated by the municipal NPDES permit as biofiltration.
Bioswale means a LID BMP consisting of a shallow channel lined with grass or other dense, low-growing vegetation. Bioswales are designed to collect stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for a period of several minutes.
City means the City of Lomita.
Clean Water Act (CWA) means the Federal Water Pollution Control Act enacted in 1972, by Public Law 92-500, and amended by the Water Quality Act of 1987. The Clean Water Act prohibits the discharge of pollutants to waters of the United States unless the discharge is in accordance with an NPDES permit.
Commercial malls means any development on private land comprised of one or more buildings forming a complex of stores which sells various merchandise, with interconnecting walkways enabling visitors to easily walk from store to store, along with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip malls, other retail complexes, and enclosed shopping malls or shopping centers.
Construction activity means any construction or demolition activity, clearing, grading, grubbing, or excavation or any other activity that result in land disturbance. Construction does not include emergency construction activities required to immediately protect public health and safety or routine maintenance activities required to maintain the integrity of structures by performing minor repair and restoration work, maintain the original line and grade, hydraulic capacity, or original purposes of the facility. See "Routine maintenance" definition for further explanation. Where clearing, grading or excavation of underlying soil takes place during a repaving operation, the Statewide General Construction Permit Ordinance No. 841
coverage by the State of California General Permit for Stormwater Discharges Associated with Industrial Activities or for Stormwater Discharges Associated with Construction Activities is required if more than one acre is disturbed or the activities are part of a larger plan.
Control means to minimize, reduce or eliminate by technological, legal, contractual, or other means, the discharge of pollutants from an activity or activities.
Development means construction, rehabilitation, redevelopment or reconstruction of any public or private residential project (whether single-family, multi-unit or planned unit development); industrial, commercial, retail, and other non-residential projects, including public agency projects; or mass grading for future construction. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purpose of facility, nor does it include emergency construction activities required to immediately protect public health and safety.
Directly adjacent means situated within two hundred (200) feet if the contiguous zone required for the continued maintenance, function, and structural stability of the environmentally sensitive area.
Discharge, when used without qualification, means the release of a pollutant or pollutants from the MS4.
Disturbed area means an area that is altered as a result of clearing, grading, and/or excavation.
Flow-through BMPs means modular, vault type "high flow biotreatment" devices contained within an impervious vault with an underdrain or designed with an impervious liner and underdrain (Modified from: Order No. R4-2012-0175).
General construction activities stormwater permit (GCASP) means the general NPDES permit adopted by the state board which authorizes the discharge of stormwater from construction activities under certain conditions.
Green roof means a LID BMP using planter boxes and vegetation to intercept rainfall on the green roof surface. Rainfall is intercepted by vegetation leaves and through evapotranspiration. Green roofs may be designed as either a bioretention BMP or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system planting medium shall be of sufficient depth to provide capacity within the pore space volume to contain the design storm depth and may not be designed or constructed with an underdrain.
Hazardous material(s) means any material(s) defined as hazardous by Division 20, Chapter 6.95 of the California Health and Safety Code.
Hydromodification means the alteration of the hydrologic characteristics of coastal and non-coastal waters, which in turn could cause degradation of water resources.
Hydromodification can cause excessive erosion and/or sedimentation rates, causing excessive turbidity, channel aggradation and/or degradation (Source: GCASP).
Impervious surface means any manmade or modified surface that prevents or significantly reduces the entry of water into the underlying soil, resulting in runoff from the surface in greater quantities and/or at an increased rate, when compared to natural Ordinance No. 841
conditions prior to development. Examples of places that commonly exhibit impervious surfaces include parking lots, driveways, roadways, storage areas, and rooftops. The imperviousness of these areas commonly results from paving, compacted gravel, compacted earth, and oiled earth.
Industrial park means land development that is set aside from industrial development. Industrial parks are usually located close to transport facilities, especially where more than one transport modalities coincide: highways, railroads, airports, and navigable rivers. It includes office parks, which have offices and light industry.
Infiltration BMP means a LID BMP that reduces stormwater runoff by capturing and infiltrating the runoff into in-situ soil or amended onsite soils. Examples of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
LID means low impact development. LID is the implementation of systems and practices that use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire and/or 3) harvest and use precipitation near to where it falls to earth.
MS4 means municipal separate storm sewer system (MS4). The MS4 is a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains):
(1) Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the CWA that discharges to waters of the United States;
(2) Designed or used for collecting or conveying stormwater; (3) Which is not combined sewer; and
(4) Which is not part of a publicly owned treatment works (POTW) as defined at 40 CFR § 122.2.
Municipal NPDES permit means the "Waste Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles and Ventura Counties” (Order No. R4-2021-0105), NPDES Permit No. CAS004004, effective September 11, 2021, issued by the California Regional Water Quality Control Board— Los Angeles Region, and any successor permit to that permit.
National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under CWA §§ 307, 402, 318, and 405. The term includes an "approved program".
Natural drainage system means a drainage system that has not been modified using engineering controls (e.g., channelized or armored). The clearing or dredging of a natural Ordinance No. 841
drainage system does not cause the system to be classified as modified for purposes of the “Hydromodification Management Requirements” in the municipal NPDES permit.
New development means land-disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision.
Non-stormwater discharge means any discharge to a municipal storm drain system that is not composed entirely of stormwater.
Parking lot means land area or facility for the parking or storage of motor vehicles used for businesses, commerce, industry, or personal use.
Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stock company, trust, state, governmental entity or any other legal entity, or their legal representatives, agents, or assigns. The masculine gender shall include the feminine and the singular shall include the plural where indicated by the context.
Planning priority projects means development of projects subject to permittee conditioning and approval for the design and implementation of post-construction controls to mitigate stormwater pollution, prior to completion of the project(s).
Pollutant means any "pollutant" defined in Section 502(6) of the Federal Clean Water Act or incorporated into the California Water Code Section 13373. Pollutants may include, but are not limited to the following:
(1) Commercial and industrial waste (such as fuels, solvents, detergents, plastic pellets, hazardous substances, fertilizers, slag, ash, and sludge). (2) Metals (such as cadmium, lead, zinc, copper, silver, nickel, chromium, and nonmetals such as phosphorus and arsenic). (3) Petroleum hydrocarbons (such as fuels, lubricants, surfactants, waste oils, solvents, coolants, and grease).
(4) Excessive eroded soil, sediment, and particulate materials in amount that may adversely affect the beneficial use of the receiving waters, flora, or fauna of the state.
(5) Animal wastes (such as discharge from confinement facilities, kennels, pens, recreational facilities, stables, and show facilities). (6) Substances having characteristics such as pH less than six (6) or greater than nine (9), or unusual coloration or turbidity, or excessive levels of fecal coliform, or fecal streptococcus, or enterococcus.
Project means all development, redevelopment, and land-disturbing activities. The term is not limited to "project" as defined under the CEQA (Pub. Resources Code § 21065) (Source: Order No. R4-2012-0175).
Rainfall harvest and use means a LID BMP system designed to capture runoff, typically from a roof but can also include runoff capture from elsewhere within the site, and to provide for temperate storage until the harvested water can be used for irrigation or non-potable uses. The harvested water may also be used for potable water uses if the Ordinance No. 841
system includes disinfection treatment and is approved for such use by the local building department.
Receiving water means "water of the United States" into which waste and/or pollutants are or may be discharged.
Redevelopment means land-disturbing activity that includes, but is not limited to: the expansion of a building footprint; addition or replacement of a structure; replacement of impervious surface area that is not part of routine maintenance activity; and landdisturbing activity related to structural or impervious surfaces. It does not include routine maintenance to maintain original line and grade, hydraulic capacity, or original purposes of facility, nor does it include emergency construction activities required to immediately protect public health safety.
Regional board means the California Regional Water Quality Control Board, Los Angeles Region.
Restaurant means establishments primarily engaged in the retail sale of prepared food and drinks for on-premise or immediate consumption. Caterers and industrial and institutional food service establishments are also included in this industry. (SIC Code 5812).
Retail gasoline outlet means any facility engaged in selling gasoline and lubricating oils – SIC 5541 and NCICS 447110 and 447190.
Routine maintenance. Routine maintenance projects include, but are not limited to projects conducted to:
(1) Maintain the original line and grade, hydraulic capacity, or original purpose of the facility.
(2) Perform as needed restoration work to preserve the original design grade, integrity and hydraulic capacity of flood control facilities. (3) Includes road shoulder work, regarding dirt or gravel roadways and shoulders and performing ditch cleanouts.
(4) Update existing lines1* and facilities to comply with applicable codes, standards, and regulations regardless if such projects result in increased capacity. (5) Repair leaks.
Routine maintenance does not include construction of new2** lines or facilities resulting from compliance with applicable codes, standards and regulations.
Site means land or water area where any "facility or activity" is physically located or conducted, including adjacent land used in connection with the facility or activity.
Storm drain system means any facilities or any part of those facilities, including streets, gutters, conduits, natural or artificial drains, channels, and watercourses that are 1*Update existing lines includes replacing existing lines with new materials or pipes. 2**New lines are those that are not associated with existing facilities and are not part of a project to update or replace existing lines (Source: Order No. R4-2012-0175).
Ordinance No. 841
used for the purpose of collecting, storing, transporting or disposing of storm water and are located within the City of Lomita.
Storm water or stormwater means storm water runoff, snow melt and surface runoff and drainage related to precipitation events (pursuant to 40 CFR § 122.26(b)(13); 55 Fed.
Reg. 47990, 47995 (Nov. 16, 1990)). Without any change in its meaning, this term may be spelled or written as one word or two (2) separate words.
Stormwater runoff means that part of precipitation (rainfall or snowmelt) which travels across a surface to the storm drain system or receiving waters.
Urban runoff means surface water flow produced by storm and non-storm events.
Non-storm events include flow from residential, commercial, or industrial activities involving the use of potable and non-potable water.
(Ord. No. 647, § 1, 9-3-02; Ord. No. 770, § 4, 6-16-14) Sec. 5-9.060. – Stormwater pollution control and design standards for best management practices (BMPs).
(a) Those best management practices which are listed in the Los Angeles County BMP guidebook, the Los Angeles County Low Impact Development (LID) design manual, and USEPA's Green Street guidance manual shall be deemed to be incorporated by reference and adopted by this city and shall remain in effect until the city council shall adopt by resolution a "BMP guidebook" prepared or recommended by the director of public works (the director), categorizing development and best management practices for each category.
(b) Stormwater pollution control requirements. The site for every planning priority project shall be designed to control pollutants, pollutant loads, and runoff volume to the maximum extent feasible by minimizing impervious surface area and controlling runoff from impervious surfaces through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
(1) Street and road construction of ten thousand (10,000) square feet or more of impervious surface shall follow USEPA guidance regarding Managing Wet Weather with Green Infrastructure: Green Streets (December 2008 EPA-833-F08-009) to the maximum extent practicable. (2) The remainder of planning priority projects shall prepare a LID plan subject to city review and approval to comply with the following:
a. Retain stormwater runoff onsite for the Stormwater Quality Design Volume (SWQDV) defined as the runoff from:
1. The eighty-fifth percentile twenty-four-hour runoff event as determined from the Los Angeles County eighty-fifth percentile precipitation isohyetal map; or
2. The volume of runoff produced from a three-quarter-inch, twenty-fourhour rain event, whichever is greater.
Ordinance No. 841
b. Minimize hydromodification impacts to natural drainage systems as defined in the municipal NPDES permit. Hydromodification requirements are further specified in the LID impact design manual, or if adopted, in the city's BMP guidebook.
c. When, as determined by the city, one hundred (100) percent onsite retention of the SWQDV is technically infeasible, partially or fully, the infeasibility shall be demonstrated in the submitted LID plan. The technical infeasibility may result from conditions that may include, but are not limited to:
1. The infiltration rate of saturated in-situ soils is less than three-tenthsinch per hour and it is not technically feasible to amend the in-situ soils to attain an infiltration rate necessary to achieve reliable performance of infiltration or bioretention BMPs in retaining the SWQDV onsite;
2. Locations where seasonal high groundwater is within five (5) to ten (10) feet of surface grade;
3. Locations within one hundred (100) feet of a groundwater well used for drinking water;
4. Brownfield development sites or other locations where pollutant mobilization is a documented concern;
5. Locations with potential geotechnical hazards;
6. Smart growth and infill or redevelopment locations where the density and/ or nature of the project would create significant difficulty for compliance with the onsite volume retention requirement. d. If partial or complete onsite retention is technically infeasible, the project site may biofiltrate one and one-half (1.5) times the portion of the remaining SWQDV that is not reliably retained onsite. Biofiltration BMPs must adhere to the design specifications provided in the municipal NPDES permit.
1. Additional alternative compliance options such as offsite infiltration may be available to the project site. The project site should contact the city to determine eligibility. Alternative compliance options are further specified in the LID impact design manual, or if adopted, in the city's BMP guidebook.
e. The remaining SWQDV that cannot be retained or biofiltered onsite must be treated onsite to reduce pollutant loading. BMPs must be selected and designed to meet pollutant-specific benchmarks as required per the municipal NPDES permit. Flow-through BMPs may be used to treat the remaining SWQDV and must be sized based on a rainfall intensity of:
1. Two-tenths-inches per hour; or
2. The one-year, one-hour rainfall intensity as determined from the most recent Los Angeles County isohyetal map, whichever is greater. (Ord. No. 647, § 1, 9-3-02; Ord. No. 770, § 5, 6-16-14) Ordinance No. 841
Editor's note(s)—Section 5 of Ord. No. 770, adopted June 16, 2014, changed the title of § 5-9.060 from "Best management practices (BMP)" to read as herein set out.
Sec. 5-9.180. Site-specific mitigation requirements for new development and redevelopment with potential adverse impacts on postdevelopment stormwater quality.
On and after the effective date of this chapter, all projects for development or redevelopment not requiring a LID plan which have the potential to have adverse impacts on postdevelopment stormwater flows from the site, shall include the submission of a sitespecific plan adequate to mitigate postdevelopment stormwater quality if the project has any one (1) or more of the following characteristics:
(a) A vehicle or equipment fueling area;
(b) A vehicle or equipment maintenance area, including washing and repair; (c) Any commercial or industrial waste handling or storage area; (d) An area for outdoor handling or storage of hazardous materials, as defined in this chapter;
(e) An outdoor manufacturing area;
(f) An area where outdoor food handling or processing occurs; (g) An area where outdoor animal care, confinement or slaughter occurs; or (h) An area of outdoor horticultural activity.
(Ord. No. 647, § 1, 9-3-02; Ord. No. 770, § 7, 6-16-14) Editor's note(s)—See editor's note to § 5-9.120.
Section 4. Adoption of this ordinance is exempt from the California Environmental Quality Act (CEQA) in that it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment pursuant to State CEQA Guidelines Section 15061(b)(3). The adoption of the proposed ordinance is covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment. The adoption of the proposed ordinance does not have such potential. Further, the ordinance is exempt as it can be seen with certainty that there is no possibility that the ordinance would have a direct physical change on the environment. 14 Cal. Code Regs. § 15061(b). California Water Code Section 10652 also provides that CEQA does not apply to the preparation and adoption of Urban Water Management Plans or to projects implementing such plans under Water Code Section 10632.
Section 5. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 6. Enforceability. Repeal of any provision of the Lomita Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and Ordinance No. 841
imposition of penalties for any violation occurring before this Ordinance’s effective date.
Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
Section 7. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part hereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this ordinance or any part thereof.
The City Council of the City of Lomita hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
Section 8. Effective Date. This ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance.
PASSED, APPROVED AND ADOPTED, this 17th day of January 2023. ________________________________
Barry Waite, Mayor
ATTEST:
_____________________________________
Kathleen Horn Gregory, MMC, City Clerk
APPROVED AS TO FORM:
_____________________________________
Trevor Rusin, City Attorney
Any action to challenge the final decision of the City made as a result of the public hearing on this application must be filed within the applicable time limits under state law, including the Code of Civil Procedure, the Government Code and the California Environmental Quality Act. Persons wishing to challenge the City’s final action in Superior Court may be limited to raising only those issues they or someone else raised during the public hearing or in written correspondence delivered to the City at or before the public hearing.