HomeMy WebLinkAboutOrd 2639 - Amending Redding Municipal Code Title 14, Chapter 14.09ORDINANCE NO. 2639
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING TITLE 14 (UTILITIES), CHAPTER 14.09
(WATER SHORTAGE CONTINGENCY PLAN) BY AMENDING
SECTIONS 14.09.030 (DEFINITIONS), 14.09.040 (STAGE 1
ESTABLISHED CRITERIA FOR INITIATION AND
TERMINATION OF CONSERVATIONIWATER SHORTAGE
EMERGENCY RESPONSE STAGES 2 THROUGH 4), 14.09.050
(WATER CONSERVATIONiWATER SHORTAGE EMERGENCY
RESPONSE STAGES), AND 14.09.070 (EXCEPTIONS, VARIANCES
AND APPEALS) FOR THE PURPOSE OF CONSERVATION OF
WATER AND TO CONFORM THE CITY'S WATER
MANAGEMENT AND CONSERVATION EFFORTS WITH
REGULATIONS ADOPTED BY THE STATE OF CALIFORNIA
WHEREAS, the City Council of the City of Redding adopted Chapter 14.09 (Water
Shortage Contingency Plan) at its regular meeting on April 7, 2015; and
WHEREAS, the City Council of the City of Redding has directed staff to draft an
improved Water Shortage Contingency Plan that incorporates new legislation and
mandates as outlined in Water Code section 10632; and
WHEREAS, the availability of source water for the City of Redding may be affected by
numerous factors including regulatory mandates imposed by the State Water Resources
Control Board and/or surface water diversion curtailments imposed by the United States
Bureau of Reclamation under the provisions of the Redding Settlement Contract and the
Buckeye Water Service Contract; and
WHEREAS, water production facilities failures, water distribution infrastructure failures,
contamination of supply, or other factors may result in emergency conditions that threaten
the water utility's ability to provide for public health and safety; and
WHEREAS, the City's Water Shortage Contingency Plan currently in force does not
adequately address all the factors that may limit the water utility's ability to respond to
diminished source capacity or emergency conditions; and
WHEREAS, there is a direct nexus between the percentage of annual supply production
and normal year supply projection;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF REDDING DOES
ORDAIN AS FOLLOWS:
Section 1. Title 14 (Utilities), Chapter 14.09 (Water Shortage Contingency Plan),
Section 14.09.030 is amended to read in its entirety as follows:
14.09.030 Definitions
For the purposes of this Plan, the following definitions shall apply:
Automatic irrigation system: any system of one or more devices controlled by any means
other than a manually operated, momentary action, valve or switch, which emits water into
the air more than one inch from the discharge port of the device(s). For the purposes of
this Chapter, momentary action shall mean a device that permits the flow of water only so
long as a person manually holds the valve or switch in the open or on position.
City Manager: the head of the administrative branch of the City government with all the
duties and responsibilities set forth in Chapter 2.08 of this Code. As it applies to this
chapter, City Manager may delegate his/her authority.
Conservation: those practices, techniques, and technologies that reduce the consumption of
water, reduce the loss or waste of water, improve the efficiency in the use of water or increase
the recycling and reuse of water so that a supply is conserved and made available for future
or alternative uses.
Customer: any person, company, or organization using water supplied by the City of Redding.
Domestic water use: water use for personal needs or for household or sanitary purposes such
as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence, business,
industry, or institution.
Drip irrigation system: a permanently installed automatic watering system which applies
water directly to or under the surface of the soil or, porous (soaker) hoses fitted with both
a pressure reducing device set at ten psi maximum and an accurate pressure monitoring
gauge. In no case shall any such system emit water more than one inch into the air from
any discharge port or orifice.
Landscape irrigation use: water used for the irrigation and maintenance of landscaped areas,
whether publicly or privately owned, including residential and commercial lawns, gardens,
golf courses, parks, and rights-of-way and medians.
Non-essential water use: water uses that are not essential, nor required for the protection of
public, health, safety, and welfare, including:
(a) irrigation of landscape areas, including parks, athletic fields, and golf courses, except
otherwise provided under this Plan;
(b) use of water to wash any motor vehicle, motorbike, boat, trailer, airplane or other
vehicle;
(c) use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis
courts, or other hard -surfaced areas;
2
(d) use of water to wash down buildings or structures for purposes other than immediate
fire protection;
(e) flushing gutters or permitting water to run or accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or outdoor swimming pools or jacuzzi -
type pools;
(g) use of water in a fountain or pond for aesthetic or scenic purposes except where
necessary to support aquatic life;
(h) failure to repair a controllable leak(s) within a reasonable period after having been
given notice directing the repair of such leak(s); and
(i) use of water from hydrants for construction purposes or any other purposes other than
fire fighting.
Normal Year Safe operating capacity: the maximum amount of potable water which,
expressed in millions of gallons per day (mgd), the City is safely capable of delivering to
the City's water distribution system at any given time from:
1) The total available from the City's water treatment plants;
(2) The total available from the City's groundwater wells; and
(3) Total available from other potable water sources that may be added in the future or,
due to regulatory changes that increase or decrease water availability, from existing
facilities/sources.
Normal Year Supply: water source allocation has not been reduced or negatively impacted.
Seven-day Running Average Water Demand: the daily average of the amount of water
pumped to the City's water distribution system from all available sources for the period
beginning at 12:00 a.m. on the seventh calendar day prior to the date the calculation is
made and ending at 12:00 a.m. on the date the calculation is made.
State Water Resources Control Board: the agency designated by the Legislature of the State
of California to regulate and manage surface water diversions and water rights within the
state. The State Water Resources Control Board may have the authority to reduce or
suspend water diversion rights under certain conditions.
Vehicle wash facility: a business that washes vehicles with water or a water-based product,
including self-service car washes, full-service car washes, roll-over/in-bay style car
washes, and fleet maintenance wash facilities.
Waste: causing or permitting a flow of water from a City water main or service line, to run
into any river, creek or other natural watercourse or drain, superficial or underground
3
channel, or into any sanitary or storm sewer, any street, road or highway, or upon the lands
of another person or upon public lands except as necessary for the proper operation of any
public water supply system.
Section 2. Title 14 (Utilities), Chapter 14.09 (Water Shortage Contingency
Plan), Section 14.09.040 is amended to read in its entirety as follows:
14.09.040 Water Shortage Stages
The City has developed a six (6) stage contingency plan to reduce demand up to fifty percent
(50%) during a severe or extended water shortage event or State mandated conseivation effort
involving both voluntary and mandatory stages. The City Manager shall monitor water supply
and/or demand conditions on a continuous basis and shall determine when conditions warrant
initiation or termination of Stages 2 through 6 of the Plan. The Water Shortage Contingency
Plan is based on available water supply compared to normal year water supply and will be
used to consider if water shortage event restrictions shall be implemented. Other
circumstances may also be considered, including but not limited to the time of year, weather
forecasts, temperature, past experience and economic feasibility, the volume of water
available through allocations, volume available from groundwater wells, and quality of the
water produced from each source. Public notification of the initiation or termination of
conservation response stages 2 through 6 shall be by means of publication in a newspaper of
general circulation, radio and television announcements, web site announcements, and signs
posted in public places, along with warnings of violations posted on private property.
The Stages 2 through 6 criteria described below are based on running average of the seven-
day water demand expressed as a percentage of the water system safe operating capacity
and/or enforcing mandatory water use restrictions imposed by the State of California. Stage
1 Conservation Measures are in effect regardless of any calculation of supply or demand.
The City Manager can declare a water supply emergency exists based on:
1. Major water line breaks, or pump or system failures occur, which cause unexpected
loss of capability to provide water service; or
2. Surface water supply curtailments imposed by the regulatory authority; or
3. Natural or man-made contamination of the water supply source(s); or
4. Consumer demand for water reaches a defined percentage of the system's safe
operating capacity.
A. Stage 1 — Year Round Water Conservation Measures (Voluntary Water
Conservation Practices and Best Management Practices)
Established - Stage 1 year-round water conservation measures are those common sense
practices designed to prevent waste of the finite water resources available to the City of
Redding water service area. Such measures, as provided in Section 14.09.050(A), are in
11
effect year-round and are independent of any calculation of the system's safe operating
capacity, shortage, or abundance of supply. The voluntary elimination of water wasteful
acts is considered to be the most basic, common sense approach to reducing waste of water
resources. Residents of the City of Redding are asked to always be mindful of the value
of all natural resources.
B. Stage 2 - Moderate Water Shortage Conditions
Requirements for initiation – The City Manager shall initiate Stage 2, and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050(B) in response to the imposition of mandatory water use
restrictions between ten percent (10%) and twenty percent (20%) imposed by the State of
California, or where a water supply emergency is declared and the City Manager determines
that this stage is appropriate to address the emergency.
Requirements for termination - Stage 2 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 2
have ceased to exist for a period of fourteen (14) consecutive days. Such declaration may
be made prior to the expiration of the 14 -day period if, in the discretion of the City Manager
extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged
period of precipitation. Upon the termination of Stage 2, Stage 1 shall go into effect.
C. Stage 3 —Medium Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 3 _ and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050(C) when the seven-day running average daily water demand
exceeds eighty percent (80%) of the safe operating capacity for a period of seven (7)
consecutive days; or in response to the imposition of mandatory water use restrictions
between twenty percent (20%) and thirty percent (30%) imposed by the State of California,
or where a water supply emergency is declared and the City Manager determines that this
stage is appropriate to address the emergency.
Requirements for termination - Stage 3 shall terminate at 12:01 a.m, on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 3
have ceased to exist for a period of 14 consecutive days. Such declaration may be made
prior to the expiration of the 14 -day period if, in the discretion of the City Manager,
extraordinary circumstances exist, such as the occurrence of significant and/or a prolonged
period of precipitation. Upon the termination of Stage 3, the City Manager, based upon the
existing conditions, has the discretion to determine which appropriate stage to initiate and
the water conservation measures set forth in that stage, shall become effective.
D. Stage 4 – Severe Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 4, and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050(D) when the City Manager determines that the seven-day
5
running average water demand exceeds eighty-five percent (85%) of the safe operating
capacity; for a period of seven (7) consecutive days; or in response to the imposition of
mandatory water use restrictions between thirty percent (30%) and forty percent (40%)
imposed by the State of California; or where a water supply emergency is declared and the
City Manager determines that this stage is appropriate to address the emergency.
Requirements for termination - Stage 4 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 4
have ceased to exist for a period of fourteen (14) consecutive days. Such declaration may
be made prior to the expiration of the fourteen (14) day period if, in the discretion of the
City Manager, extraordinary circumstances exist, such as the occurrence of significant
and/or a prolonged period of precipitation. Upon the termination of Stage 4, the City
Manager, based upon the existing conditions, has the discretion to determine which
appropriate stage to initiate and the water conservation measures set forth in that stage shall
become effective.
E. Stage 5 — Critical Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 5, and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050(E) when the seven-day running average water demand
exceeds ninety percent (90%) of the safe operating capacity for a period of seven (7)
consecutive days; or in response to the imposition of mandatory water use restrictions
between forty percent (40%) and fifty percent (50%) imposed by the State of California; or
where a water supply emergency is declared and the City Manager determines that this
stage is appropriate to address the emergency.
Requirements for termination - Stage 5 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 5
have ceased to exist for a period of three (3) consecutive days. Such declaration may be
made prior to the expiration of the three (3) day period if, in the discretion of the City
Manager, extraordinary circumstances exist, such as the occurrence of significant and/or a
prolonged period of precipitation. Upon the termination of Stage 5, the City Manager,
based upon the existing conditions, has the discretion to determine which appropriate stage
to initiate and the water conservation measures set forth in that stage shall become
effective.
F. Stage 6 — Emergency Water Shortage Conditions
Requirements for initiation - The City Manager shall initiate Stage 6, and customers shall be
required to comply with the requirements and restrictions on certain non-essential water uses
provided in Section 14.09.050(F) when the seven-day running average water demand
exceeds ninety-five percent (95%) of the safe operating capacity for a period of seven (7)
consecutive days; or in response to the imposition of mandatory water use restrictions of
fifty percent (50%) imposed by the State of California; or where a water supply emergency
is declared and the City Manager determines that this stage is appropriate to address the
emergency.
I
Requirements for termination - Stage 6 shall terminate at 12:01 a.m. on the day following
the notice of the declaration by the City Manager that the conditions triggering Stage 6
have ceased to exist for a period of 3 consecutive days. Such declaration may be made prior
to the expiration of the 3 -day period if, in the discretion of the City Manager, extraordinary
circumstances exist, such as the occurrence of significant and/or a prolonged period of
precipitation. Upon the termination of Stage 6, the City Manager, based upon the existing
conditions, has the discretion to determine which appropriate stage to initiate and the water
conservation measures set forth in that stage shall become effective.
Section 3. Title 14 (Utilities), Chapter 14.09 (Water Shortage Contingency Plan),
Section 14.09.050 is amended to read in its entirety as follows:
14.09.050 Water Conservation/Water Shortage Emergency Response Stages
The City Manager shall monitor Stage 1 conservation and water supply and/or demand
conditions on a daily basis and, in accordance with the triggering criteria set forth in Section
14.09.040 shall determine that a water shortage condition exists and shall implement the
following actions upon publication of notice in a newspaper of general circulation:
A. Stage 1 — Year-round Water Conservation Measures (Voluntary Conservation
Practices and Best Practices)
Goal: Eliminate wasteful practices in order to help preserve and protect our finite water
resources. Widespread adherence to common sense voluntary conservation practices
will eliminate or delay the requirement to initiate mandatory restrictions required
under stages 2-6 of this Plan.
1. Voluntary Landscape Watering Conservation Practices:
A. Landscape watering with hose -end sprinklers or automatic irrigation
systems is strongly discouraged at all times except on the following
days between the hours of midnight and 7:00 a.m. and again on the
same day between the hours of the hours of 9:00 p.m. until midnight.
a. Customers whose street addresses end with an odd number
should water only on Wednesday, Friday, and Sunday and
only within the designated time period.
b. Customers whose street addresses end with an even number
should water only on Tuesday, Thursday, and Saturday and
only within the designated time period.
2. Best Management Practices:
Customers within the water service area should engage in the following best
management practices:
7
a. Potable water should be applied to outdoor landscapes in a manner
that does not cause runoff such that water flows onto adjacent
property, non -irrigated areas, private and public sidewalks,
roadways, parking lots or structures.
b. Customer should not use a hose that dispenses potable water to wash
a motor vehicle, except where the hose is fitted with a shut-off
nozzle or device attached to it that causes it to cease dispensing
water immediately when not in use.
Potable water should not be applied to driveways and sidewalks for
routine cleaning or debris removal. The use of a pressure washer to
clean hard surfaces including driveway, sidewalks, and outdoor
dining areas is permissible when such action is necessary to protect
the public health and safety.
d. Potable water should not be used in a fountain or other decorative
water feature, except where the water is part of a recirculating
system.
e. Customers should not apply potable water to outdoor landscapes
during and up to 48 hours after measurable rainfall.
£ The serving of drinking water other than upon request in eating or
drinking establishments, including but not limited to restaurants,
hotels, cafes, cafeterias, bars, or other public places where food or
drink are served is prohibited.
g. To promote water conservation, operators of hotels and motels
should provide guests with the option of choosing not to have towels
and linens laundered daily. The hotel or motel should prominently
display notice of this option in each bathroom using clear and easily
understood language.
3. Public Facilities: Water service to landscape maintenance districts, parks,
cemeteries, and other public facilities are encouraged to comply with the
restrictions set forth in the Section.
4. Construction Projects: Water service for construction projects are
encouraged to implement common sense water conservation practices.
B. Stage 2 - Moderate Water Shortage Conditions
Goal: Achieve a reduction in total daily water demand or in response to the imposition of
mandatory water use restrictions between ten percent (10%) and twenty percent (20%)
imposed by the State of California. All Stage 1 voluntary best management practices
set forth in Section 14.09.050(A)(2) are mandatory in Stage 2, plus the following:
Landscape watering by any means including automatic irrigation systems,
hose -end sprinklers, drip irrigation, hand-held hose, or bucket is prohibited
except on the following days between the hours of midnight and 7:00 a.m.
and again on the same day between the hours of the hours of 9:00 p.m. until
midnight.
a. Customers whose street addresses end with an odd number may
water only on Wednesday, Friday, and Sunday and only within the
permitted time period.
b. Customers whose street addresses end with an even number may
water only on Tuesday, Thursday, and Saturday and only within the
permitted time period.
2. Public Facilities: Water service to landscape maintenance districts, parks,
cemeteries, and other public facilities shall comply with the restrictions set
forth in Section 14.09.050(A)(1).
Construction Projects: Water service for construction projects shall be
addressed on a case-by-case basis.
4. Penalty: Any customer in violation of Stage 2 requirements shall be first
notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 2 requirements after notice and warning is
provided shall be punishable by an administrative fine of $50.00 per day or
per occurrence.
C. Stage 3 - Medium Water Shortage Conditions
Goal: Achieve a reduction such that the seven-day running average daily water demand is
less than eighty percent (80%) of the safe operating capacity for a period of seven (7)
consecutive days; or in response to the imposition of mandatory water use restrictions
between twenty percent (20%) and thirty (30%) imposed by the State of California.
All Stage 2 requirements apply plus the following:
Water Restrictions: Watering shall be kept to a maximum of thirty (30) hours per
week when utilizing a sprinkler system and eighteen (18) hours a week when
utilizing drip and/or hand watering.
Enhanced Penalty: Any customer in violation of Stage 3 requirements shall be first
notified of the regulations and warned of the penalty associated with continued
0
violation. If the violation is not timely corrected, any continued violation of
mandatory Stage 3 requirements after notice and warning is provided shall be
punishable by an administrative fine of $200.00 per day or per occurrence.
D. Stage 4 — Severe Water Shortage Conditions
Goal: Achieve a reduction such that the seven-day running average daily water demand is
less than eighty-five percent (85%) of the safe operating capacity for a period of seven
(7) consecutive days; or in response to the imposition of mandatory water use
restrictions between thirty percent (30%) and forty percent (40%) imposed by the
State of California.
All Stage 3 requirements apply, plus the following:
(1) Watering shall be kept to a maximum of eighteen (18) hours per week when
utilizing a sprinkler system and eighteen (18) hours a week when utilizing
drip and/or hand watering.
(2) The following uses of water are prohibited:
a. Operation of any ornamental fountain, pond or other ornamental
water feature for aesthetic purposes except where necessary to
support aquatic life.
b. Washing down buildings or structures for purposes other than
immediate fire protection.
(3) Vehicle washing at a commercial vehicle wash facility is prohibited at all
times except between the hours of 7:00 a.m. and 7:00 p.m. A person owning
or operating a vehicle wash facility shall take affirmative action to prevent
use of the vehicle wash facility during the prohibited hours specified herein.
Such actions shall include posting a sign indicating that the vehicle wash
facility is closed and preventing vehicular access onto the property or into
the washing bays. In addition, the owner/operator may also choose to
disable the washing mechanisms so as to prevent operation.
(4) Enhanced Penalty: Any customer in violation of Stage 4 requirements shall
be first notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 4 requirements after notice and warning is
provided shall be punishable by an administrative fine of $400.00 per day
or per occurrence.
E. Stage 5 — Critical Water Shortage Conditions
Goal: Achieve a reduction such that the seven-day running average daily water demand is
less than ninety percent (90%) of the safe operating capacity for a period of seven (7)
10
consecutive days; or in response to the imposition of mandatory water use restrictions
between forty percent (40%) and fifty percent (50%) imposed by the State of
California.
All Stage 4 requirements apply, plus the following:
(1) Use of water for dust control.
(2) Use of bulk potable water obtained from the City for construction purposes.
(3) Use of residential water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle other than by a person washing any public safety
vehicle on public property.
(4) Filling, refilling, or adding water to swimming pools, wading pools, and
jacuzzi -type pools, which are located outside.
(5) Using a fire hydrant pursuant to a temporary fire hydrant permit.
(6) Outdoor landscape watering, including handheld irrigation, with potable
water is prohibited at all times.
(7) No permits for new, additional, or expanded water service connections,
meters, or service lines shall be granted. An exception applies where the
City has already issued either a final plan for a residential lot or a
commercial building permit for the site or the construction project that
requires the water service.
(8) Enhanced Penalty: Any customer in violation of Stage 5 requirements shall
be first notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 5 requirements after notice and warning is
provided shall be punishable by an administrative fine of $500.00 per day
or per occurrence.
F. Stage 6 — Emergency Water Shortage Conditions
Goal: Achieve a reduction such that the seven-day running average daily demand exceeds
ninety-five percent (95%) of the safe operating capacity for a period of seven (7)
consecutive days; or in response to the imposition of mandatory water use restrictions
of fifty percent (50%) imposed by the State of California.
All Stage 5 requirements apply, plus the following:
(1) Vehicle washing at a commercial vehicle wash facility is prohibited at all
times.
11
(2) Enhanced Penalty: Any customer in violation of Stage 6 requirements shall
be first notified of the regulations and warned of the penalty associated with
continued violation. If the violation is not timely corrected, any continued
violation of mandatory Stage 6 requirements after notice and warning is
provided shall be punishable by an administrative fine of $1,000.00 per day
or per occurrence.
Section 4. Title 14 (Utilities), Chapter 14.09 (Water Shortage Contingency Plan),
Section 14.09.070 is amended to read in its entirety as follows:
14.09.070 Exceptions, Variances and Appeals
The City Manager may, in writing, grant temporary variance for existing water uses otherwise
prohibited under this Plan.
A. A person requesting a variance from the provisions of this article must file a request
with the City Manager. Each request shall include the following information in
writing:
(1) Name and address of the applicant(s);
(2) A full description of the proposed water use, including, but not limited to:
a. The daily amount of the proposed use;
b. The hours of the proposed use;
(3) A reference to the specific provision(s) of this article from which the
applicant is requesting relief,
(4) A detailed statement as to how the specific provision of the article adversely
affects the applicant and/or what damage or harm will occur to the applicant
or others if applicant complies with this article;
(5) A description of the relief requested;
(6) The period of time for which the variance is sought;
(7) Alternative water use restrictions or other measures the petitioner is taking
or proposes to take to meet the intent of this article and the compliance date;
and
(8) Any additional information that the City Manager deems relevant and
necessary in making a determination regarding the request.
12
B. The City Manager shall grant or deny the request for variance not later than 5:00
p.m. on the third city business day following delivery of the request to the City
Manager.
A variance granted by the City Manager shall contain the following provisions:
(1) A description of the allowable water uses granted by the variance;
(2) A description of any conditions imposed which must be satisfied in order to
maintain the variance in effect;
(3) A timetable for compliance with any conditions set forth in the variance;
and
(4) Such other provisions as the City Manager determines to be reasonable and
necessary.
Variances granted shall expire upon the earlier of:
(1) The date the water conservation measure from which the variance was
granted is no longer in effect;
(2) The date the City Manager determines that the applicant has failed to
comply with any deadline imposed with respect to compliance with the
conditions set forth in the variance; or
(3) The date the City Manager specifically sets forth for termination of the
variance.
Variance not a defense. The granting of a variance shall not be a defense to a
violation of the provisions of this Chapter which occurs prior to the effective date
of the variance. No variance shall be retroactive or otherwise justify any violation of
this Plan occurring prior to the issuance of the variance.
Section 5. The Council hereby finds and determines that the enactment of this
ordinance is exempt from review pursuant to the California Environmental Quality Act
(Public Resources Code section 21000 et seq.) ("CEQA") because it has no potential to result
in either a direct physical change in the environment or a reasonably foreseeable indirect
physical change in the environment. This Ordinance is exempt from CEQA pursuant to the
"common sense" exemption (14 CCR 15061(b)(3)), as it can be seen with certainty that there
is no possibility that the adoption of the Ordinance will have a significant effect on the
environment.
Section 6. Severability. If any provision of this ordinance or the application
thereof to any person or circumstance is held invalid, the remainder of the ordinance and the
application of such provision will remain in effect to the extent permitted by law.
13
Section 7. This ordinance shall take effect thirty (30) calendar days after the date
of its adoption, and the City Clerk shall certify to the adoption thereof and cause publication
according to law.
I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the
City Council of the City of Redding at a regular meeting on the 15th day of June, 2021, and
was duly read and adopted at a regular meeting on the 20th day of July, 2021, by the following
vote:
AYES: COUNCIL MEMBERS: Daquisto, Mezzano, Schreder, Winter, and Resner
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
4
Mayor
ATTEST:
wc
ELA MIZE, City Clerk
DATE ATTESTED:
FORM APPROVED:
BARRY E. e ALT, City Attorney
14