City Council
Report
City Council Meeting: July 18, 2023
Agenda Item: 10.B
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Water Resources Subject: Introduction and First Reading of Ordinance Amending Santa Monica Municipal Code 7.18.040 for Well Prohibition in the City Recommended Action
Staff recommends that the City Council:
1. Adopt a finding of Categorical Exemptions pursuant to Section 15061 (b)(3) and Section 15308 of the CEQA Guidelines.
2. Introduce the first reading of the attached ordinance to amend Santa Monica Municipal Code 7.18.040 for well prohibition in the City of Santa Monica.
Summary
The City of Santa Monica is one of five member agencies of the Santa Monica Basin Groundwater Sustainability Agency (SMBGSA). The SMBGSA’s formation was mandated by the Sustainable Groundwater Management Act (SGMA) of 2014, which was enacted by the State of California to ensure that groundwater across the state is managed sustainably. In compliance with SGMA, the SMBGSA prepared and submitted the Groundwater Sustainability Plan (GSP), approved by the City Council on December 7, 2021, and adopted by the SMBGSA on January 13, 2022, to the California Department of Water Resources before the January 31, 2022, deadline. With the GSP now completed, Santa Monica Municipal Code (SMMC) Section 7.18.040 Well Prohibition Ordinance needs to be amended to align with the GSP.
Discussion
The City adopted SMMC 7.18.040 in 2018 to prohibit the installation of new groundwater wells or the expansion of existing wells until a GSP is adopted or that it is 2 of 3
expressly authorized by the GSP. The intent of SMMC 7.18.040 is to prohibit increased groundwater production until sustainable management criteria for the Santa Monica Groundwater Subbasin can be finalized in the GSP and as required by the SGMA of 2014. With the completion and submission of the GSP to the California Department of Water Resources in January 2022, SMMC 7.18.040 is being amended to align with the GSP where the installation of new wells or expansion of existing wells is prohibited within the City of Santa Monica unless it is approved by unanimous consent of the SMBGSA.
Please refer to Attachment A for redline version of SMMC 7.18.040.
Environmental Review
The ordinance amendment is categorically exempt from CEQA pursuant to Section 15061(b)(3) and Section 15308 of the CEQA Guidelines. The ordinance amendment is covered by the common sense exemption (Section 15061(b)(c)) which states that CEQA does not apply, “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 ordinance amendment would establish regulations to protect groundwater resources for the Santa Monica Groundwater Subbasin from depletion. In addition, the ordinance amendment is categorically exempt pursuant to Section 15308, which exempts actions taken by regulatory agencies for protection of the environment (Class 8). A full CEQA review will be conducted if any new wells or expansion of existing wells is approved by the SMBGSA.
Past Council Actions
Meeting Date Description
8/28/2018 (Attachment B) Adoption of Ordinance Adding Chapter 7.18 to the Santa Monica Municipal Code Relating to Sustainable
Groundwater Management and Prohibiting New Private
Wells and Expansion of Private Wells Unless and Until
Permitted by a Groundwater Sustainability Plan.
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Financial Impacts and Budget Actions
There is no immediate financial impact or budget action necessary as a result of the recommended action.
Prepared By: Chris Aguillon, Water Resources Protection Specialist Approved Forwarded to Council
Attachments:
A. Amended 7.18.040 Well Prohibition Ordinance
B. Adoption of Ordinance Adding 7.18 Well Prohibition to the Santa Monica Municipal Code (Web Link)