1 ORDINANCE NO. 2024-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE SANTA MARIA MUNICIPAL
CODE RELATING TO GENERAL REQUIREMENTS OF BUSINESS TAXES, LICENSES
AND REGULATIONS, APPLICATION FOR PUBLIC SERVICES, WATER SERVICE,
WASTEWATER COLLECTION, TREATMENT AND DISPOSAL, REFUSE COLLECTION
AND RECYCLING, CROSS CONNECTIONS, STORM WATER RUNOFF POLLUTION
PREVENTION, BOARDS, COMMISSIONS AND COMMITTEES, PARK RULES,
RESIDENTIAL DEVELOPMENT TAX, SUBDIVISION IMPROVEMENTS, AND
PERSONNEL
The City Council of the City of Santa Maria, State of California, does ordain as follows:
SECTION 1. Section 4-1.35 of Chapter 4-1 the Santa Maria Municipal Code concerning General Requirements of Business Taxes, Licenses and Regulations is hereby amended as follows:
Section 4-1.35
Refunds: When payable.
(a) License fees, penalties and costs collected and received by the City may be refunded as provided in this section and not otherwise.
(b) A refund may be allowed:
(1) Where the amount paid was in excess of the amount required by this title;
(2) Where the amount paid was not required by law;
(3) Where the applicant for any license or permit has not, at any time after the commencement of the period or term during which the requested license or permit would have been effective, commenced or engaged in the business or occupation or performed any act for which the license or permit was required; or
(4) Where the money paid was erroneously or illegally collected or received by the City through mistake, inadvertence or error of fact.
(c) A claim for refund must be made in writing and verified by the person who paid the sum for which claim is made.
(d) Upon receiving such verified claim the Director of Finance may authorize refunding of any fee paid hereunder which was erroneously paid or collected. shall notify the Council at its next regular meeting, together with his report and recommendation whether the claim shall be allowed. The Council shall grant prior approval before any refund may be made. If the claim is made on the grounds set forth under subdivision (3) of subsection (b) of this section, no refund may be made until the license or permit has been returned to the Director of Finance, if available.
2 (e) If any section of this title is repealed or amended, the Council Director of Finance may, in its discretion, refund a portion of the license tax paid thereunder in proportion to:
(1) The amount by which the tax is reduced, if such is the case; or
(2) The portion of the license period expired for which the tax has been paid but the entire tax repealed, if such is the case.
SECTION 2. Section 8-1.07 of Chapter 8-1 the Santa Maria Municipal Code concerning Application for Public Services is hereby amended as follows:
Section 8-1.07
Appeals.
In the event that any user or consumer is aggrieved by any ruling of the Director of Utilities made pursuant to any of the provisions of this chapter and Chapters 8 -9, 8-10, 8-11 and 8- 13, such consumer or user may appeal from such ruling to the Council City Manager within the time and in the manner set forth in Section 8 -12.1406. The Council's City Manager's action on such appeal shall likewise be made and become final pursuant to the provisions of Section 8-12.1406.
SECTION 3. Section 8-10.34 of Chapter 8-10 of the Santa Maria Municipal Code concerning Water Service is hereby amended as follows:
Section 8-10.34
Rate increase by resolution: Authorized.
The rates provided for in Sections 8-10.03 through 8 -10.15, 8-10.18, 8-10.22, 8-10.23, 8-
10.29, 8-10.31, 8-10.32 and 8-10.33in this Chapter may be amended from time to time by resolution of the Council. Water rates shall be based upon a periodic cost of services and rate study, with mid -cycle calculations performed in - house, ensuring the rates reflect the cost to operate and maintain the system.
SECTION 4. Section 8 -10.35 of Chapter 8 -10 of the Santa Maria Municipal Code concerning Water Service is hereby repealed:
Section 8-10.35
Rate increase by ordinance: Required.
The rates provided for in Sections 8 -10.03 and 8 -10.05 shall be amended annually by ordinance approved by two-thirds of the members of the Council on or prior to the tenth day of January to reflect the increase or decrease of construction costs on the basi s of a factor recommended by the Director of Utilities, which factor shall be based upon the Engineering News-Record Cost of Construction Index published by McGraw-Hill Publishing Company.
SECTION 5. Section 8 -12.1005 of Chapter 8 -12 of the Santa Maria Municipal Code concerning Wastewater Collection, Treatment and Disposal is hereby amended as follows:
3 Section 8-12.1005
User classification charges.
The following system of user classification charges shall become effective upon adoption of the revenue program.
The charges shall be as provided in this Section or approved by resolution of the City Council.
(a) Class I Users. User charges for Class I users charges shall be based on a monthly flat fee as set by the City Council. Class I users include the customer classes of: single -family residential; multi -family residential, including mobile homes; and hotels, motels, and rest homes. All single-family dwellings shall pay a flat rate per month. Each multi-family dwelling unit shall pay a flat rate in accordance with the number of rooms in the dwelling. Units with three or more rooms shall pay one schedule; units with less than three roo ms shall pay a second schedule. In computing the number of rooms in a multifamily dwelling, bathrooms, service porches, unenclosed exterior porches, garages, closets and hallways shall not be counted as rooms. Auto courts, trailer parks, motels, hotels, rooming houses, boardinghouses and rest homes shall pay a flat rate per unit.
(b) Class II Users. User charges for Class II users shall be based on a fee as set by the City Council for each hundred (100) cubic feet of water delivered, or where applicable, each hundred (100) cubic feet of wastewater discharged.
(c) Class III Users. User charges for Class III users shall be based on fees set by the City Council for each hundred (100) cubic feet of water delivered or, where applicable, each hundred (100) cubic feet of wastewater discharged. User charges for Class I II users shall be established as outlined in the revenue program for individual users, groups of users conducting the same principal activity, or major groups as outlined under the SIC divisions.
(d) Class IV Users. User charges for Class IV users shall be billed as provided in this Chapter and shall be calculated according to the formula:
Cu = (Vc X Vu) + (Bc X Bu) + (Sc X Su) + X where:
Cu = the monthly user charge (dollars per month)
Vc = the cost of collecting and treating each 100 cubic feet of wastewater Vu = the total monthly quantity of wastewater discharged by a user (hundreds of cubic feet per month)
Bc = the cost of treating a pound of BOD
Bu = the total monthly quantity of BOD discharges by a user (pounds per month) Sc = the cost of treating a pound of suspended solids
Su = the total monthly quantity of suspended solids discharged by a user (pounds per month)
X = the special assessments for violating any provisions of this Chapter (such as TDS, Na, Cl, etc.)
SECTION 6. Section 8 -11.10 of Chapter 8 -11 of the Santa Maria Municipal Code 4 concerning Refuse Collection and Recycling is hereby amended as follows:
Section 8-11.10
Frequency of collection.
All refuse shall be collected from every occupied dwelling house or residence within the City at least once each calendar week, and as many times per week from all other premises within the City as may be found necessary by the Director of Utilities for proper cleanliness.
All residential recycling shall be collected every other week on the same day as residential trash collection, or at such other times as may be determined by the Director of Utilities. All commercial recycling shall be scheduled for colle ction as needed, as determined by the Director of Utilities or his/her designee. Commercial and residential organics recycling shall be scheduled for collection as needed, as determined by the Director of utilities or his/her designee.
SECTION 7. Section 8 -11.14 of Chapter 8 -11 of the Santa Maria Municipal Code concerning Refuse Collection and Recycling is hereby amended as follows:
Section 8-11.14
Automated service: Generally.
(a) Rates. There shall be a charge made to each premises for disposal service for garbage, refuse, and, (in the City's discretion ) , recycling and/or organics. The schedules of such charges indicate rates for service at the street or alley right -of-way line (within public right - of-way) as well as rates for service at a location no more than 40 feet from the right-of-way.
Such charges shall be made in accordance with the schedules based on the number of automated containers serviced and the frequency of pickup per week as adopted by resolution of the Council. Amendments to the rates shall increase or decrease to the nearest multiple of five cents ($.05).
(b) Location for Pickup. Except on the date the City is picking up garbage, and collecting refuse for disposal, all garbage, refuse and, recycling, and organics containers for them shall be kept to the rear of any front yard setback required by the City. On days of pickup, such containers and refuse shall be placed within the public right -of-way unless a contrary arrangement has been made with the Director of Utilities.
(c) Special Rates for Unusual Locations. Where pickup is desired other than within the public right-of-way, containers shall be placed at a location readily accessible for removing and emptying the containers at such locations as designated by the Director of Utilities. Such locations shall not be more than 40 feet from the public right-of-way unless an arrangement for a different location has been specifically made by the customer with the Director of Utilities, who is empowered to establish different rate s for such pickups more than 40 feet from the public right-of-way, which rates shall be calculated so as to cause the customer to pay the City the additional expense incurred by it for collecting garbage and refuse attransporting the containers from such location to the collection vehicle for service.
(d) All refuse and, recycling, and organics receptacles shall be kept in a clean and sanitary condition by the owner or person using the containers and shall be kept tightly covered at 5 all times as proof against access by vectors to the contents thereof, except when refuse or recyclingwaste is being deposited therein or removed therefrom.
(e) Recycling or organics containers that is are contaminated with refuse will shall be serviced as refuse and an additional fee shall a regular extra haul fee will be charged to the owner or occupant of the premises for each contaminated container. Such fees shall be charged at the current Extra Haul fee as show in the published schedule of fees and charges.
SECTION 8. Section 8 -11.16 of Chapter 8 -11 of the Santa Maria Municipal Code concerning Refuse Collection and Recycling is hereby amended as follows:
Section 8-11.16
Bin service.
(a) Rates. There shall be a charge made to each person receiving disposal service for garbage, refuse and recycling from the City which shall be applicable where bin -type containers (dumpsters) are provided by the City.
(b) Large Quantities. Quantities larger than shown on the schedule of rates shall be charged on the basis of a proportionate amount as shown for a six cubic yard container.Reserved.
(c) Compactor Bins. Applicable rates on applicable schedules are doubled if compactor-type containers are used.Rates shall be charged as shown in the published schedule of fees and charges.
(d) Wet Garbage. All containers holding wet garbage shall be picked up not less than two times a week.
(e) All refuse and recycling bins shall be kept in a clean and sanitary condition by the owner and/or persons using the containers and shall be kept tightly covered at all times, except when waste is being deposited therein or removed therefrom.
(f) Commercial recycling bins that are contaminated with refuse shall be serviced as refuse and an additional fee shall be charged to the owner or occupant of the premises for each contaminated container. Such fees shall be charged at the current Extra Haul fee as shown in the published schedule of fees and charges.
SECTION 9. Sections 8-10A.03 and 8 -10A.05 of Chapter 8 -10A of the Santa Maria Municipal Code Water concerning Cross Connections are hereby amended as follows:
Section 8-10A.03. Definitions
Approved Backflow Prevention Assembly. A means or manufactured device in full conformance with the standards established by the California Code of Regulations (CCR), Title 17 – Group 4 – Article 1 (June 6, 1987) or successor section, the American Water Works Association (AWWA) or its successor organization, which has met the laboratory and field performance specifications of the Foundation for Cross Connection Control and Hydraulic Research (FCCC&HR) of the University of Southern California (USC) and have 6 been published in the Manual of Cross Connection Control – Ninth Tenth Edition, or any successor edition.
Section 8-10A.05
Installation Requirements.
(a) No responsible party shall install or maintain a service connection to the City of Santa Maria public potable water distribution system without first installing one or more approved backflow prevention assemblies as required in this article. Installation(s) shall be at the expense of the responsible party and shall be performed by a plumbing contractor licensed by the State of California.
(b) In the event of new property development, re -construction, renovation, or restoration where there is a direct connection to the City's potable water system, the responsible party shall seek prior approval from the Director of Utilities or his/her desig nee for the backflow prevention assembly(s) intended for installation through the Community Development Department plan approval and permitting process.
(c) In all cases it shall be the obligation of the responsible party to contact the City of Santa Maria Utilities Department during any construction involving water service, and in all cases in which the City of Santa Maria has been made aware of an existi ng cross connection, an approved backflow prevention assembly is required at the responsible party's existing water service connection, or within the responsible party's existing private water system. The Director of Utilities or his/her designee shall giv e notice in writing to said responsible party to install an approved backflow prevention assembly(s) at a specific location(s) at the responsible party's own expense.
(d) All backflow prevention assembly installations – including spatial requirements and assembly orientation – shall be performed according to the FCCC&HR of USC as established in the Manual of Cross -Connection Control – Specifications of Backflow Prevention Assemblies,, ninth Tenth editionEdition, or any successor edition.
(e) All backflow prevention assemblies installed prior to adoption of this ordinance which do not meet the specific requirements as defined in the section entitled "regulation," but were approved devices for the purposes described herein at the time of ins tallation and which have been properly maintained, shall be exempt from the requirements of this section as long as the assemblies pass all required tests and replacement parts remain available.
When that is no longer the case, the assembly must be replaced by an approved assembly that meets the requirements set forth in this chapter.
(f) Whenever an existing assembly is moved from the present location or requires more than minimum maintenance, or when the Director of Utilities or his/her designee finds that the maintenance constitutes a hazard to the public potable water distribution system, the responsible party shall replace the assembly with an approved backflow prevention assembly that meets the requirements set forth in this article.
(g) Cross connection control by containment at the service connection shall be utilized by the responsible party in the case of any premises where there are actual or potential 7 unprotected cross connections within the responsible party's water system and it is physically and economically infeasible to find and permanently eliminate them.
(h) The responsible party shall install an approved backflow prevention assembly on each service line to a responsible party's water system at or near the property line or immediately inside any building being provided water from the public potable water d istribution system, but in all cases, before the first branch line leading off the service line, where one or more of the following conditions exist:
(1) In the case of premises having an auxiliary water supply (including reclaimed water) which is not, or may not, be safe from bacteriological or chemical contamination, and which is not acceptable as an additional source by the City of Santa Maria, the p ublic potable water distribution system shall be protected from backflow by the installation of an approved backflow prevention assembly in the service line appropriate to the degree of hazard.
(2) In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public potable water distribution system, the water distribution system shall be protected against backflow from the premises by the installation of an approved backflow prevention assembly in the service line appropriate to the degree of hazard.
This shall include the handling of process waters and waters originating from the water distribution system which have been subject to deterioration in quality.
(3) In the case of premises (a) having one or more internal cross connections that cannot be permanently corrected or controlled, or (b) having intricate plumbing and piping arrangements, or (c) where entry to all portions of the premises are not readily accessible for inspection purposes making it impractical or impossible to ascertain whether or not dangerous cross connections exist, the public potable water distribution system shall be protected against backflow from the premises by installing an approved backflow prevention assembly in the service line.
(i) No responsible party shall remove, alter, repipe, or by -pass backflow prevention assemblies required by this ordinance or maintain an existing unprotected actual or potential cross connection.
(j) No responsible party shall install or maintain an unprotected takeoff from the service line ahead of any meter or any backflow prevention assembly located at the point of delivery to the responsible party's water system.
(k) Within 10 days after notice of the backflow prevention assembly(s) installation requirements, the responsible party may submit a written request for review of the requirement with the Director of Utilities or his/her designee. A meeting with the Director, or Director's designee, will be scheduled within 10 days after receipt of the request. The Director/designee will issue a written response within 10 days after completion of the meeting. The Director/designee's response shall be final.
(l) Failure, refusal or inability on the part of the responsible party to install required 8 assembly(s) shall be grounds to curtail water service to the premises until all requirements have been satisfactorily met.
9 SECTION 10. Section 8 -10A.06 of Chapter 8 -10A of the Santa Maria Municipal Code concerning Cross Connections is hereby amended as follows:
Section 8-10A.06
Testing Requirements.
(a) It shall be the duty of the responsible party at any premises where backflow prevention assemblies are installed to have operational tests made upon each assembly upon initial installation and at least once per year thereafter. These tests shall be at the expense of the responsible party and shall be performed by a certified City of Santa Maria approved backflow prevention assembly tester.
(b) The Director of Utilities or his/her designee may require additional inspections and operational tests if contamination or the potential to contaminate the public potable water distribution system has been detected. Additional testing may also be required based upon CCR, Title 17 - Group 4 - Article 1 (June 6, 1987) or successor section. These inspections and tests shall be at the expense of the responsible party and shall be performed by a certified City of Santa Maria approved backflow prevention assembly tester.
(c) The responsible party shall notify the Director of Utilities or his/her designee in advance when additional tests are to be undertaken so that Utilities Department qualified personnel may witness the test(s) if so desired.
(d) All backflow assembly operational tests shall be performed using a properly calibrated differential pressure gauge. Calibration shall be done on an annual basis, and proof of calibration shall be submitted to the City of Santa Maria. Operational testin g methods used shall be those from the FCCC&HR of USC as established in the Manual of Cross Connection Control – Specifications of Backflow Prevention Assemblies, ninth edition, or any successor edition.
(e) The responsible party shall have repaired, overhauled or replaced any backflow assembly which fails to meet testing requirements without manipulation by a certified City of Santa Maria approved backflow prevention assembly tester. or plumbing contractor licensed by the State of California; tThe assembly shall be retested by a certified City of Santa Maria approved backflow prevention assembly tester ensuring it passes all testing requirements.
Should repair costs exceed $500.00, or if the assembly must be replaced, such work shall be completed by a California State Licensed C -36 Plumbing Contractor and/or California State General Engineering Contractor.
(f) Within 10 days after notice of the backflow prevention assembly(s) testing requirements, the responsible party may submit a written request for review of the requirement with the Director of Utilities or his/her designee. A meeting with the Director or Director's designee will be scheduled within 10 days after receipt of the request. The Director/designee will issue a written response within 10 days after completion of the meeting. The Director of Utilities/designee's response shall be final.
10 (g) Failure, refusal or inability on the part of the responsible party to test and maintain required assembly(s) shall be grounds for discontinuing water service to the premises until all requirements have been satisfactorily met.
(h) The responsible party shall complete testing within 15 days after installation of a new device.
SECTION 11. Section 8 -10A.08 of Chapter 8 -10A of the Santa Maria Municipal Code concerning Cross Connections is hereby amended as follows:
Section 8-10A.08
Regulations.
(a) An approved air gap separation is a means of preventing backflow by a physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non-pressure receiving vessel. An approved air gap separation shall be at least double the diameter of the supply pipe, measured vertically, above the overflow rim of the vessel, and in no case shall be less than one inch. The approved air gap separation shall meet performance specifications as determined by the Director of Uti lities or his/her designee.
(b) An approved Atmospheric Vacuum Breaker Backsiphonage Prevention Assembly (AVB) shall be an assembly containing an air inlet valve, a check seat and an air inlet port(s). The flow of water into the body causes the air inlet valve to close the inlet pert(s). When the flow of water stops, the air inlet valve falls and forms a check valve against backsiphonage. At the same time it opens the air inlet port(s) allowing air to enter and satisfy the vacuum. A shutoff valve immediately upstream may be an integra l part of the assembly, but the assembly shall not be subjected to operating pressure for more than 12 hours in any 24 hour period. An atmospheric vacuum breaker is designed to protect against a non-health hazard or a health hazard under a backsiphonage condition only.
(c) An approved Double Check – Detector Backflow Prevention Assembly (DCDA) shall be a specially designed assembly composed of a line -size approved double check valve assembly with a bypass containing a specific water meter and an approved double check valve assembly. The meter shall register accurately for only very low rates of flow up to 3 2 gallons per minute (gpm) and shall show a registration for all rates of flow. The DCDA shall only be used to protect against a non -health hazard and is primarily used on fire sprinkler systems.
(d) An approved Double Check Valve Backflow Prevention Assembly (DC) shall be an assembly composed of two independently acting, approved check valves, including tightly closing resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. The DC shall be readily accessible for inline testing and maintenance and shall be installed in a location where no part of the assembly is submerged. The DC shall only be used to protect against a non-health hazard.
(e) An approved Pressure Vacuum Breaker Backsiphonage Prevention Assembly (PVB) shall be an assembly containing an independently operating internally loaded check valve 11 and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with properly located resilient seated test cocks and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non -health hazard or a health hazard under backsiphonage condition only.
(f) An approved Reduced Pressure Principle Backflow Prevention Assembly (RP) shall be an assembly containing two independently acting approved check valves together with a hydraulically operating, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The unit shall include properly located resilient seated test cocks and tightly closing resilient seated shutoff valves at each end of the assembly. This assembly is design ed to protect against a non - health or health hazard.
(g) An approved Spill -Resistant Pressure Vacuum Breaker Backsiphonage Prevention Assembly (SVB) shall be an assembly containing an independently operating internally loaded check valve and independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly is to be equipped with a properly located resilient seated test cock, a properly located bleed/vent valve, and tightly closing resilient seated shutoff valves attached at each end of the assembly. This assembly is designed to protect against a non -health hazard or a health hazard under a backsiphonage condition only.
(h) In all cases the backflow prevention assembly installed at any location to protect the City of Santa Maria public water supply shall be on the current List of Approved Backflow Prevention Assemblies, which supersedes all prior lists, published by the U niversity of Southern California Foundation for Cross-Connection Control and Hydraulic Research.
(i) Unless otherwise specified by the manufacturer all assemblies are to be installed on cold potable water applications – below 110˚F. All listed assemblies are approved for the indicated orientation only, and the use of spare parts other than those of th e original manufacturer invalidates approval.
(j) The Director of Utilities or his/her designee shall approve the model and size of backflow prevention assembly required based upon the degree of hazard, as follows:
(1) In the case of any premises served by an auxiliary water supply which is not subject to any of subsections (2) through (6) below, the public potable water distribution system shall be protected by an approved air gap separation or, if acceptable, an approved reduced pressure principle backflow prevention assembly.
(2) In the case of any premises containing water or substances that would be a pollutional hazard if introduced into potable water, the public potable water distribution system shall be protected by an approved double check valve reduced pressure principle assembly.
(3) In the case of any premises at which there exists any material or practice that would constitute an actual or potential health hazard to the water distribution system, 12 the water distribution system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly. Examples of premises where these conditions exist are sewage treatment plants, sewage pumping station s, water reclamation plants, chemical manufacturing plants, hospitals, mortuaries, and plating plants.
(4) In the case of any premises where there are uncontrolled cross connections, either actual or potential, the public potable water distribution system shall be protected by an approved reduced pressure principle backflow prevention assembly at the service connection.
(5) In the case where reclaimed water is used on premises which have interconnection with the water distribution system, the water distribution system shall be protected by an approved air gap separation or, if acceptable, an approved reduced pressure principle backflow prevention assembly at the service connection.
(6) In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant cross connection survey, the water distribution system shall be protected against backflow from the premises by an approved reduced pressure principle backflow prevention assembly on each service to the premises.
(k) The responsible party's system shall be open for inspection at all reasonable times during regular business hours to authorized representatives of the City of Santa Maria to determine whether cross connections, other structural or sanitary hazards, or other violations of these regulations exist.
SECTION 12. Section 8 -12.413 of Chapter 8 -12 of the Santa Maria Municipal Code concerning Storm Water Runoff Pollution Prevention is hereby amended as follows:
Section 8-12.413
Traps required.
(a) Grease, oil, lint, hair and/or sand traps shall be provided when, in the opinion of the Director of Utilities, they are necessary for the protection of the wastewater collection and treatment system from liquid wastes containing grease in excessive amo unts, or any flammable wastes, sand and other harmful ingredients; except, that such traps shall not be required for building, used solely for residential purposes. Such traps shall be required, for example, on discharges from all service stations, restaur ants, automotive repair garages, wash racks, laundries, barbershops and beauty shops, and dry cleaning establishments.
(b) All traps shall be of a type, capacity and design approved by the Director of Utilities, and shall be so located as to be readily and easily accessible for cleaning and inspection.
Restaurant traps shall be gas tight, of a type approved for restaurant use by the State and/or county health departments.
13 (c) Individual Ttraps shall be installed and maintained by the ownerpermittee, at his expense, in continuously efficient operation at all times for each facility requiring a Wastewater Discharge Permit.
(d) The minimum allowable grease trap size (based on occupancy) permitted for installation is 20 gallons or 40 pounds, and in no case less than the minimum specified by the currently adopted Uniform Plumbing Code.
SECTION 13. Section 2-16.01 of Chapter 2-16 of the Santa Maria Municipal Code concerning Boards, Commissions and Committees in General is hereby amended as follows:
Section 2-16.01
Deemed resignation.
In the event any member of the Planning Commission, the Recreation and Parks Commission, the Board of Examiners and Appeals, or of the Library Board of the City a board, commission, or committee of the City shall, without the express permission of the commission or board of which is a member, misses 25 percent or more of the regular meetings of such commission or board or committee in any calendar year without the express permission of the commission or board or committee of which they are a member, such member shall be deemed to have resigned from the commission or board or committee and the office shall thereupon become vacant upon acceptance of the deemed resignation by the City Council.
SECTION 14. Section 10-2.05 of Chapter 10-2 of the Santa Maria Municipal Code concerning Park Rules is hereby amended as follows:
Section 10-2.05
Sound amplifying systems.
No person, group of persons or organization shall operate any sound amplifying system (including, but not limited to, portable speakers and amplifiers , musical instruments, and vehicle stereos) within any park in conjunction with their use of the park, except upon specific approval thereof by the Recreation and Parks Commission. where approved by permit through the Director of Recreation and Parks. Violation of these provisions is a misdemeanor; provided, that the request to use such a sound amplifying syste m may be included as a part of a request for the use of park facilities, as provided in Chapter 10 -3; provided further, that in any park in which a sound amplifying system has been installed by the City as part of the park facilities, the sound amplifying system may be used by an applicant upon approval by the Director of Recreation and Parks. In no event shall any sound amplifying system be operated within a park, at such a volume as to constitute a substantial source of annoyance to other persons, groups or organizations using the park outside of the immediate area approved for the use of the particular person, group or organization using the system or to persons lawfully occupying private properties adjoining the park.
SECTION 15. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), and the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15601(b)(3) (general 14 rule) of the CEQA Guidelines, because the City Council hereby finds with certainty that there is no possibility the passage of this Ordinance amending the zoning code will have a significant effect on the environment.
SECTION 16. If any part or provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, including the application of that part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this ordinance are severable.
SECTION 17. This Ordinance shall be in full force and effect 30 days after its passage.
Within 15 days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity of the Ordinance, cause a summary of the Ord inance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certified copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance.
SECTION 18. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary.
INTRODUCED at a regular meeting of the City Council held the 2nd day of April, 2024 and PASSED AND ADOPTED the 16th day of April, 2024 by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
ATTEST:
Rhonda M. White, CMC
Chief Deputy City Clerk
Alice M. Patino
Mayor
15 APPROVED AS TO FORM:
_________________________
City Attorney
APPROVED AS TO CONTENT:
_________________________
Department Director
_________________________
City Manager