ORDINANCE NO. 2011-284 Field Cod AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALABASAS, CALIFORNIA, AMENDING THE CALABASAS PLUMBING CODE WITH RESPECT TO ONSITE WASTEWATER TREATMENT SYSTEMS (OWTS) THE CITY COUNCIL OF THE CITY OF CALABASAS DOES ORDAIN AS FOLLOWS: SECTION 1. Code Amendment. Calabasas Plumbing Code section K 13.0(B)(3), which is incorporated by reference into Calabasas Municipal Code section 15.04.560, is hereby amended to read as follows: (3) All owners of real property served by an existing OWTS shall be required to apply for and obtain an OWTS operating permit on or before July 26, 2011. upon the earliest of the following: (a) (b) (c) Within six months of the effective date of this section. The building official may grant a one-time extension of five months upon receipt of a written request by the property owner. No additional extensions shall be granted. In conjunction with the obligation to apply for an OWTS plumbing permit as required by any regulation in Appendix K. An application for an OWTS operating permit shall be concurrent with any application permit or approval required by Titles 15 and 17 of this Code and, if no such permit is required, then prior to undertaking any major repair or other action that requires an OWTS plumbing permit, or thereafter as required in writing by the administrative authority. Prior to completing a voluntary conveyance (including but not limited to, assignment, gift, sale, or transfer) of a legal interest in or title to real property served by an OWTS, unless the grantors, sellers, transferors, donors or assignors (collectively the Grantors ) first comply with the regulations in Section (G) below. Excluded from such conveyances are: (i) (ii) (iii) involuntary transfers (e.g., foreclosure proceedings or actions, as well as transfers to an heir on an owner s death); creation of an equitable interest in the real property to secure a loan against it; and, a change in ownership that is described in Section 62 of the California Revenue and Taxation Code, and any future amendments thereto. Completion of a voluntary 1
conveyance may be evidenced, without limitation, by the execution of any deed or instrument, or its recordation with the Los Angeles County Recorder s Office. SECTION 2. Code Amendment. Calabasas Plumbing Code section K 13.0(C), which is incorporated by reference into Calabasas Municipal Code section 15.04.560, is hereby amended to read as follows: (C) Validity and renewal of OWTS operating permits. (1) An OWTS operating permit shall be valid for five years aabsent a determination by the administrative authority that an illicit discharge has occurred, or that failing or failed system does or may exist, or that a major repair is, or may be, required, an unconditional OWTS operating permit shall be valid until the later of (a) ten years after permit issues or (b) the date of a voluntary conveyance (including but not limited to, assignment, gift, sale, or transfer) of a legal interest in or title to real property served by the OWTS which occurs at least 10 years after the operating permit was issued and each conveyance thereafter. A conditional OWTS operating permit shall be valid for this same time unless otherwise provided by the permit. (i) Such a voluntary conveyance does not include: a. involuntary transfers (e.g., foreclosure proceedings or actions, as well as transfers to an heir upon an owner s death); b. creation of an equitable interest in the real property to secure a loan against it; and, c. a change in ownership described in Section 62 of the California Revenue & Taxation Code as it now exists or may hereafter be amended. Completion of a voluntary conveyance may be evidenced, without limitation, by the execution of any deed or instrument, or its recordation with the Los Angeles County Recorder s Office. (ii) If the administrative authority determines that an illicit discharge has occurred, or that failing or failed system does or may exists, or that a major repair is, or may be, required, iin such instances, the OWTS permit shall be null and void suspended without further action or notice on the date the administrative authority gives notice of that determination to the owner of record of the property served 2
by the OWTS or to the permittee until the system is brought into compliance. made its determination. (iii) The administrative authority is authorized to condition an OWTS operating permit as necessary to protect public health, safety and welfare, including setting a shorter permit period for reinspection of the OWTS or reissuance of a permit. SECTION 3. Code Amendment. Calabasas Plumbing Code section K 13.0(E), which is incorporated by reference into Calabasas Municipal Code section 15.04.560, is hereby amended to read as follows: (E) OWTS inspection and operating permit criteria. (1) The administrative authority shall not issue an operating permit until the OWTS has been inspected by an OWTS inspector, who shall not be accompanied by City staff during his or her inspection of the OWTS unless the property owner so requests in writing, and found to be operating in compliance with the OWTS inspection guidelines and with any applicable conditions previously established or imposed for the OWTS. When such an inspection cannot be accomplished due to unique conditions, alternate inspection methods may be proposed to the administrative authority and implemented upon subject to its prior written approval. Any alternate method of inspection request shall be submitted in writing and subject to approval of the administrative authority, with the appropriate alternate methods and materials request form completed and the required fee paid. All alternate method of inspection requests shall be prepared by a professional identified in Section K13 (F)(1)(a) above. Nothing in this paragraph shall alter the responsibility of the administrative authority to inspect work done pursuant to a permit issued under any other provision of chapter 15.04 of the Calabasas Municipal Code. SECTION 4. Code Amendment. Calabasas Plumbing Code section K 13.0(E)(7) is hereby added to Calabasas Municipal Code section 15.04.560 to read as follows: (7) A property owner may appeal (i) a decision of the administrative authority that an OWTS is not operating in compliance with this Code, the OWTS inspection guidelines, or with any applicable conditions previously established or imposed for that OWTS (collectively, the standards ) or (ii) a decision regarding repairs necessary to bring an OWTS into compliance with the standards within ten (10) days from that decision. The City Council shall appoint, upon nomination of the City Manager, a Board of Appeals with appropriate 3
technical qualifications to hear and decide such appeals. Such nominees shall not include City employees. Notwithstanding any other provisions of this Chapter 15.04, this Section K13.0(E)(7) provides the sole administrative appeal with respect to the decisions identified in this section; further review shall be pursuant to California Code of Civil Procedure section 1094.5. Appeal hearings shall be conducted pursuant to chapter 17.74 of the Calabasas Municipal Code except that references to the director shall mean the building official, appeal body shall mean the Board of Appeals established by this paragraph, and no appeal to the City Council shall be permitted. SECTION 5. Findings. The City Council finds that each provision of this Ordinance is an administrative regulation for which no findings of local conditions are required by the California Health& Safety Code rather than a change in a substantive building standard specifying materials and means of construction. The City Council nevertheless finds that the amendments provided in this Ordinance are needed due to local climatic, geological, and topographical conditions as follows: A. Climatic Conditions 1. The greater Los Angeles region is within a climate capable of producing major rain related disasters, including but not limited to those caused by El Nino (or La Nina) subtropical weather, which also requires well-maintained onsite wastewater treatment systems to protect health and safety. B. Geologic Conditions 1. Los Angeles County and the City of Calabasas are located in a highly active seismic area. There are earthquake faults that run along boundaries of Los Angeles and in the vicinity of Calabasas. The Chatsworth Fault runs through Simi Valley and Chatsworth, both of which are close to Calabasas. The epicenter of the 1994 Northridge earthquake was less than 10 miles from Calabasas, and produced the strongest ground swells ever recorded in an urban setting in North America. Damage was widespread: sections of major freeways collapsed, parking structures and office buildings collapsed, and numerous apartment buildings suffered irreparable damage. Many homes in Calabasas suffered significant damage. Damage to onsite wastewater treatment systems existing in the City at the time of that earthquake, as well as other during earthquakes in the area, is therefore very likely. 2. The high likelihood of future earthquakes also creates a need for frequent reinspection of the onsite wastewater treatment systems to ensure that they are in working order. 3. Improperly installed and malfunctioning onsite wastewater treatment systems are a known source of waterway contamination in the City of Calabasas. The 4
groundwater absorption and filtration rates are largely dependent on geologic conditions, and the hilly and rocky terrain contributes to a lessening of the absorption and percolation of contaminated water. C. Topographical Conditions 1. The City of Calabasas is in a mountainous area with much of its development on hills, or bounded by hills. This pattern of development exacerbates pollution and water runoff problems because water runoff is forced to more quickly run down hill than it would otherwise, decreasing the natural capacity of the land to absorb, disperse and remediate the effects of pollution. Further, because of the topography, runoff is channelized, and all pollution is concentrated in channels and streambeds rather than dispersed in the environment and mitigated by dilution. This has caused the need to adopt health and safety precautions to combat the negative effects of such results. 2. Many of the OWTS existing in the City serve properties in mountainous canyons drained by blue line streams. The topography and geology of those canyons places residences, and the OWTS that serve them, in close proximity to creeks and other surface waters and to groundwater. OWTS near such water resources are of particular environmental concern, requiring meaningful programs to implement the existing standards of Appendix K to the Plumbing Code to ensure OWTS are functioning as designed to protect the health and safety of residents of the sites served by OWTS, and of neighbors and visitors, to protect the environment and to comply with environmental laws. SECTION 6. References in Documents and Continuing Legal Effect. References to prior versions of any portion of the Plumbing Code, or of the Calabasas Municipal Code that are amended or renumbered in this Municipal Code, that are cited on notices issued by the City or other documents of ongoing or continuing legal effect, including resolutions adopting or imposing fees or charges, until converted, are deemed to be references to the new counterpart part of the Plumbing Code or amended Municipal Code sections for the purposes of notice and enforcement. The provisions adopted hereby shall not in any manner affect deposits, established fees or other matters of record which refer to, or are otherwise connected with, ordinances which are specifically designated by number, code section or otherwise, but such references shall be deemed to apply to the corresponding provisions set forth in the code sections adopted or amended hereby. Provided, however, that the extension of time effected by Section 1 of this Ordinance is intended to apply to the benefit of owners of properties in the City served by OWTS who did not comply with earlier deadlines to obtain OWTS permits. SECTION 7. Continuity. To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Calabasas Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. SECTION 8. No Effect on Enforceability. Except as expressly stated in Section 6 of this Ordinance above, the repeal or amendment of any sections of the Municipal Code 5
by this Ordinance shall not affect or impair any act done, or right vested or approved, or any proceeding, suit or prosecution commenced in any cause before such repeal or amendment shall take effect; but every such act, vested right, proceeding, suit, or prosecution shall remain in full force and effect for all purposes unless such act, vested right, proceeding, suit or prosecution is specifically based on the particular provision repealed or amended by this ordinance. No offense committed and no liability, penalty, or forfeiture, either civil or criminal, incurred prior to the repeal or alteration of any applicable provision of the Code as amended, shall be discharged or affected by such repeal or alteration but prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceed in all respects unless they are specifically based on the particular provision repealed or amended by this ordinance. SECTION 9. CEQA. This Ordinance is exempt from the California Environmental Quality Act ( CEQA ) pursuant to CEQA Guidelines 15061(b)(3) as a project that has no potential to cause a significant effect on the environment; CEQA Guidelines 15307, 15308 as an action taken by a regulatory agency to protect the environment and natural resources; CEQA Guidelines 15301 as the operation, repair, maintenance, permitting or minor alteration of existing structures, facilities and mechanical equipment; CEQA Guidelines 15302 as the replacement or reconstruction of existing structures or facilities; CEQA Guidelines 15303 as the construction or installation of small structures, facilities or equipment; CEQA Guidelines 15332 for infill development projects, CEQA Guidelines 15321 for regulatory enforcement actions; and CEQA Guidelines 15309 for regulatory inspections. SECTION 10. Certification. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be processed in the manner required by law. SECTION 11. Building Standards Commission. The City Council finds that each provision of this Ordinance is an administrative regulation for which no filing with the California Buildings Standards Commission is required. The City Clerk shall nevertheless file a certified copy of this Ordinance with the California Building Standards Commission. SECTION 12. Severability. Should any section, subsection, clause, or provision of this Ordinance for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Ordinance; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause, and phrase hereof would have been adopted irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 13. Effective Date. This ordinance shall take effect thirty days after its passage and adoption pursuant to California Government Code section 36937. SECTION 14. Publication. The City Clerk shall cause this Ordinance to be published in accordance with California Government Code Section 36933, shall certify to the adoption of this Ordinance, and shall cause this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City Council. 6
PASSED, APPROVED AND ADOPTED this 8 th day of June 2011. ATTEST: Gwen Peirce, CMC, City Clerk James R. Bozajian, Mayor APPROVED AS TO FORM: Michael G. Colantuono, City Attorney 7