HomeMy WebLinkAboutOrdinance 2821 N.C.S. 09/12/2022 DocuSign Envelope ID:21941 EFB-ED05-4161-8785-59A324600FB4
EFFECTIVE DATE ORDINANCE NO. 2821 N.C.S.
OF ORDINANCE
October 13, 2022
Introduced by: Mike Healy Seconded by: Dennis Pocekay
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING SECTION
15.17.090 OF THE PETALUMA MUNICIPAL CODE ENTITLED "APPLICABILITY OF WATER
SHORTAGE EMERGENCY REGULATIONS"
WHEREAS, Chapter 15.17 of the Petaluma Municipal Code (PMC) is titled "Water Conservation
Regulations" and the purpose of Chapter 15.17 is "to promote the efficient use and reuse of water by all city of
Petaluma water service customers by requiring that all new construction projects and existing customers use water
as efficiently as possible and comply with new development standards, landscape water use efficiency standards
and water waste prohibition regulations"; and
WHEREAS, Chapter 15.18 of the PMC which was repealed as part of Ordinance No. 2562 N.C.S, due to
Chapter 15.18 being "superseded, redundant and in conflict"with the City's 2010 Urban Water Master Plan and
Water Shortage Contingency Plan; and
WHEREAS, in compliance with State law,on June 21,2021, City Council adopted the Petaluma 2020 Water
Shortage Contingency Plan (WSCP) as part of the City's Urban Water Management Plan; and
WHEREAS, the Petaluma 2020 WSCP describes how the City will respond to varying water shortage
scenarios and gives the City flexibility in addressing short or long-term water supply shortages that may result
from droughts, climate change, human or natural caused disasters, reduced deliveries from the Sonoma County
Water Agency(Sonoma Water), and other water shortage conditions. and
WHEREAS, Petaluma's 2020 WSCP outlines six progressive water shortage stages to achieve increasing
water demand reductions during a water shortage and each stage has progressive water conservation regulations;
and
WHEREAS, Section 7 of Petaluma's 2020 WSCP discusses the enforcement procedures for violations of the
WSCP; and
WHEREAS, the proposed action is exempt from the requirements of the California Environmental Quality
Act (CEQA) in accordance with CEQA Guidelines Section 15378, as amending Section 15.17.090 of the PMC
to make it clear that the WSCP takes precedent if there is any conflict between the WSCP and PMC Chapter 15.17
and what remedies are available to the City to enforce its WSCP, does not meet CEQA's definition of a"project,"
because the action does not have the potential for resulting either a direct physical change in the environment or
a reasonably foreseeable indirect physical change in the environment, and because the action constitutes
organizational or administrative activities of governments that will not result in direct or indirect physical changes
in the environment; and
WHEREAS, if the proposed amendment did constitute a"project",this action would be categorically exempt
pursuant to Sections 15307 and 15308 of the CEQA Guidelines as regulatory actions taken by the City to assure
maintenance and protection of water and the environment during the existence of the water shortage emergency,
Ordinance No. 2821 N.C.S. Page 1
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and this action is also exempt pursuant to the "Emergency Exception" CEQA Guideline Section 15269(c) as this
action would only be acted upon as necessary to mitigate a drought emergency; and
WHEREAS, on August 1, 2022, the ordinance was introduced and approved by City Council be a vote
of 7-0.
NOW THEREFORE BE IT ORDAINED by the City Council of the City of Petaluma, as follows:
Section 1. Recital Finding. The above recitals are hereby declared to be true and correct and are incorporated
into the resolution as findings of the City Council.
Section 2. CEQA Finding. The proposed action is exempt from the requirements of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, as
amending Section 15.17.090 of the PMC to make it clear that the WSCP takes precedent if there
is any conflict between the WSCP and PMC Chapter 15.17 and what remedies are available to the
City to enforce its WSCP,does not meet CEQA's definition of a"project,"because the action does
not have the potential for resulting either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment, and because the action
constitutes organizational or administrative activities of governments that will not result in direct
or indirect physical changes in the environment.
If the proposed amendment did constitute a "project", this action would be categorically exempt
pursuant to Sections 15307 and 15308 of the CEQA Guidelines as regulatory actions taken by the
City to assure maintenance and protection of water and the environment during the existence of
the water shortage emergency. This action is also exempt pursuant to the"Emergency Exception"
CEQA Guideline Section 15269(c)as this action would only be acted upon as necessary to mitigate
a drought emergency.
Section 3. Amendment to Section 15.17.090 of the Petaluma Municipal Code. Section 15.17.090 of the
Petaluma Municipal Code entitled "Applicability of water shortage emergency regulations" is
hereby amended to read as follows (Bold italics is added test; Str4kethfough is deleted text):
15.17.090 Applicability of water shortage emergency regulations.
A. In the event of conflict between the provisions of this chapter, 15.17, and the provisions of
Chapter�,the City's Water Shortage Contingency Plan, the provisions of the
City's Water Shortage Contingency Plan shall supersede the provisions of this chapter, 15.17,
from such time as the city council has determined and declared by resolution that a water shortage
emergency exists puFsuant to , as it may be subsequently amended, until such time
as the declaration of emergency has been suspended by later resolution of the city council.
B. If city council has determined and declared by resolution that a water shortage emergency
exists pursuant to its Urban Water Management Plan, the City may enforce the regulations that
are in effect of the Water Shortage Contingency Plan, until such time as the declaration of
emergency has been suspended by later resolution of the city council. The City's enforcement
procedures and remedies will be pursuant to the City's Water Shortage Contingency Plan.
Section 4. Severability. If any section, subsection, sentence, clause,phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
Ordinance No. 2821 N.C.S. Page 2
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hereby declares that it would have passed and adopted this ordinance and each and all provisions
thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional,
unlawful, or otherwise invalid.
Section 5. Effective Date. This ordinance shall become effective thirty(30)days after the date of its adoption
by the Petaluma City Council.
Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance
or a synopsis for the period and in a manner provided by the City Charter and other applicable law.
INTRODUCED and ordered published and posted this 1st day of August 2022.
ADOPTED this 121h day of September 2022 by the following vote:
Ayes: Barrett, Barnacle, Fischer, Healy, King, McDonnell, Pocekay
Noes: None
Abstain: None
Absent: None
DocuSigned by:
fiW't,Sa �a,V'V't.#f
Teresa Barrett,Mayor
ATTEST: APPROVED AS TO FORM:
DocuSigned by: 'nDocuSigned by:
KA'IE 'gawyer, CMC, City Clerk Eric Danly, City Attorney
Ordinance No. 2821 N.C.S. Page 3