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Adopted Ordinance 2042
ADOPTED ORDINANCE 2042
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING MUNICIPAL CODE SECTION 6.04.010 TO ADOPT BY REFERENCE LOS ANGELES COUNTY ORDINANCE NO. 2018-0037 (ONSITE WASTEWATER TREATMENT SYSTEMS); AND TO AMEND GLENDORA MUNICIPAL CODE SECTION 15.02.030 (CESSPOOLS AND GROUND WATER POLLUTION) AND SECTION 15.24.020 (CONNECTION TO SEWER REQUIRED-EXCEPTION)
THE CITY COUNCIL
City of Glendora, California
THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:
WHEREAS, the State Water Resources Control Board (State Water Board) has adopted the Water Quality Control Policy for Siting, Design, Operation and Maintenance of Onsite Wastewater Treatment Systems (OWTS), dated June 19, 2012, also referred to as the “OWTS Policy”; and
WHEREAS, the State Water Board’s OWTS Policy provides a multi-tiered strategy for management of OWTS in California; and
WHEREAS, the Los Angeles County Department of Public Health (DPH) submitted a proposed Local Agency Management Program (County LAMP) for oversight of OWTS within designated cities and unincorporated areas of the County of Los Angeles to the local Water Board prepared in accordance with the requirements of the OWTS Policy; and
WHEREAS, the Los Angeles Regional Water Quality Board has reviewed the County LAMP and determined that it meets the requirements of the OWTS Policy, and approved the County LAMP on May 21, 2018; and,
WHEREAS, the Los Angeles County Board of Supervisors adopted Ordinance No. 2018-0037 on October 2, 2018, incorporating the County LAMP as Chapter 11.38 of the Los Angeles County Health and Safety Code; and
WHEREAS, cities desirous of having the DPH’s Land Use Program review proposed OWTS must enter into a memorandum of understanding (MOU) with DPH and adopt the appropriate sections of the Los Angeles County Health and Safety Code that have been updated to reflect the current State Water Board’s policies in order to provide for the County’s enforcement of the County LAMP provisions and restrictions; and
WHEREAS, the City of Glendora desires to receive DPH’s Land Use Program services to review proposed OWTS and enforce the County LAMP provisions and restrictions; and
WHEREAS, the City has a compelling interest in protecting the public health, safety, and welfare of the citizens, residents, visitors and businesses within the City by receiving DPH’s Land Use Program services to review proposed OWTS and enforce the LAMP’s provisions and restrictions; and
WHEREAS, the City Council finds that the amendments to Section 6.04.010 of the City of Glendora Municipal Code are necessary to comply with new standards and regulations mandated by the State Water Board; and
WHEREAS, the City Council finds that the amendments to Section 6.04.010 of the City of Glendora Municipal Code to adopt Chapter 11.38 of the Los Angeles County Health and Safety Code are necessary to preserve the public health, safety, and general welfare of the City’s residents, visitors, and businesses by ensuring adequate service to OWTS within the City of Glendora; and
WHEREAS, the City Council finds that the amendments eliminating cesspools to Sections 15.02.030 and Section 15.24.020 of the City of Glendora Municipal Code are required to be in compliance with the County LAMP.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 6.04.010 of the City of Glendora Municipal Code is hereby amended to read as follows:
“Section 6.04.010 Adoption of Los Angeles County Health and Safety Code. The city adopts by reference and enacts into law the Los Angeles County Health and Safety Code, Ordinance No. 7583 as adopted by the board of supervisors for the county on August 25, 1959, and which became effective on September 25, 1959, and as amended to date by the following amending ordinances: 7616, 7674, 8095, 8200, 8284, 8425, 8588, 8614, 9375, 9656, 10075, 10238, 10624, 10728, 2018-0037.” A copy of Title 11, entitled “Health and Safety” of the Los Angeles County Code, has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public.
SECTION 2. Section 15.20.030 of the Glendora Municipal Code is hereby amended to read as follows:
“Section 15.20.030 Ground Water Pollution. When it becomes necessary to construct septic tanks to satisfy the needs for sanitary or industrial disposal, plans shall be submitted to the Building Department of the City and all permits and fees pertaining thereto shall be paid to that department. Specifications governing the construction of the structure, and control of pollution to ground waters by use of such structure shall be determined by Los Angeles County Ordinance 6130 and the water pollution control board provisions applicable thereto. A copy of Los Angeles County Ordinance 6130 and the water pollution control board provisions applicable thereto has been deposited in the office of the City Clerk and shall be at all times maintained by the City Clerk for use and examination by the public.”
SECTION 3. A new Section 15.24.020 of the Glendora Municipal Code is amended to read as follows:
“Section 15.24.020 Connection To Sewer Required – Exception. All plumbing affecting the sanitary condition of any building, habitation or structure within the boundaries of any lot shall be connected with a public sewer, provided, however, that if there is no public sewer in a public street, alley, or right-of-way on which the property abuts, or if the building or structure is located beyond the prescribed limit from such sewer, according to Sections 15.24.030 through 15.24.060, such building or structure may be connected to a septic tank.”
SECTION 4. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or it application to any other person or circumstance. The people of the City of Glendora hereby declare that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phases hereof be declared invalid or unenforceable.
SECTION 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper or general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (Cal. Gov. Code §40806); and thereupon, thirty (30) days after its passage this Ordinance shall take effect and be in force.
PASSED, APPROVED and ADOPTED this 24th day of September, 2019.
City Council of Glendora, California
BY: JUDY M. NELSON, Mayor
APPROVED AS TO FORM:
Aleshire & Wynder, LLP
WILLIAM W. WYNDER, City Attorney
I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 27th day of August, 2019. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 24th day of September, 2019, by the following roll call vote:
AYES: COUNCIL MEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson.
NOES: COUNCIL MEMBERS: None.
ABSENT: COUNCIL MEMBERS: None.
ABSTAIN: COUNCIL MEMBERS: None.
I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the 3rd day of October, 2019.
Dated: September 24, 2019
KATHLEEN R. SESSMAN
City Clerk/Communications Director
Published in San Gabriel Valley Examiner: October 3, 2019
Click here for full text of Los Angeles County Board of Supervisors adopted Ordinance No. 2018-0037
Click here to be directed to Los Angeles County
Code of Ordinances
Title 11. HEALTH AND SAFETY