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08.a. Supplemental MemoN W00RPOFATE)07Z U O m 1Ti1:414us] :7_3PIoil] i I TO: PLANNING COMMISSION FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR BY: KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: SUPPLEMENTAL INFORMATION AGENDA ITEM 8.a. — NOVEMBER 3, 2015 PLANNING COMMISSION MEETING CONSIDERATION OF DEVELOPMENT CODE AMENDMENT NO. 15-002 TO AMEND CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS DATE: NOVEMBER 3, 2015 Attached is the Resolution for the subject item. Copies of the Resolution will be available for the Planning Commission at the meeting. Attachment: 1. Resolution RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARROYO GRANDE RECOMMENDING THAT THE CITY COUNCIL AMEND CHAPTER 16.84 OF THE ARROYO GRANDE MUNIICPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS; DEVELOPMENT CODE AMENDMENT NO. 15-002; LOCATION: CITYWIDE WHEREAS, on January 17, 2014, the Governor of the State of California declared a state of emergency due to record dry conditions and concerns over the State's dwindling water supplies, and on April 25, 2014, the Governor declared a continued state of emergency due to the persistent drought conditions and the need for additional expedited actions; and WHEREAS, on April 1, 2015, Governor Brown issued Executive Order B-29-15, which ordered the State Water Resources Control Board to impose significant new water use restrictions, including directing that the Department of Water Resources revise the existing Model Efficient Landscape Ordinance contained in California Code of Regulations Title 23, Division 2, Chapter 2.7, Sections 490 et. seq. through expedited regulations; and WHEREAS, on July 15, 2015 the new Model Efficient Landscape Ordinance was adopted by the California Water Commission, and State law requires that all land -use agencies adopt a water -efficient landscape ordinance that is at least as efficient as the Model Ordinance prepared by the Department of Water Resources; and WHEREAS, Government Code Section 50022.1 et seq. provides that ordinances and codes of the Federal, State or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, at its meeting of November 3, 2015 the Planning Commission of the City of Arroyo Grande conducted a duly noticed public hearing on the matter of adopting the State's Model Water Efficient Landscape Ordinance by amending Chapter 16.84 of the Arroyo Grande Municipal Code. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Arroyo Grande hereby recommends the City Council adopt an Ordinance (Exhibit A) approving Development Code Amendment No. 15-002, amending Chapter 16.84 of the Arroyo Grande Municipal Code and adopting by reference the Model Water Efficient Landscape Ordinance of the State of California. RESOLUTION NO. PAGE 2 On a motion by Commissioner and by the following roll call vote to wit: AYES: NOES: ABSENT: seconded by Commissioner , the foregoing Resolution was adopted this 3`d day of November 2015. ATTEST: DEBBIE WEICHINGER SECRETARY TO THE COMMISSION AS TO CONTENT: TERESA McCLISH DIRECTOR OF COMMUNITY DEVELOPMENT LAN GEORGE, CHAIR Exhibit A ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED IN THE CALIFORNIA CODE OF REGULATOINS TITLE 23 WATERS, DIVISION 2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ. WHEREAS, on January 17, 2014, the Governor of the State of California declared a state of emergency due to record dry conditions and concerns over the State's dwindling water supplies, and on April 25, 2014, the Governor declared a continued state of emergency due to the persistent drought conditions and the need for additional expedited actions; and WHEREAS, on April 1, 2015, Governor Brown issued Executive Order B-29-15, which ordered the State Water Resources Control Board to impose significant new water use restrictions, including directing that the Department of Water Resources revise the existing Model Efficient Landscape Ordinance contained in California Code of Regulations Title 23, Division 2, Chapter 2.7, Sections 490 et. seq. through expedited regulations; and WHEREAS, on July 15, 2015 the new Model Efficient Landscape Ordinance was adopted by the California Water Commission, and State law requires that all land -use agencies adopt a water -efficient landscape ordinance that is at least as efficient as the Model Ordinance prepared by the Department of Water Resources; and WHEREAS, Government Code Section 50022.1 et seq. provides that ordinances and codes of the Federal, State or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, at its meeting of , 2015 the City Council of the City of Arroyo Grande conducted a duly noticed public hearing on the matter of adopting the State's Model Water Efficient Landscape Ordinance by amending Chapter 16.84 of the Arroyo Grande Municipal Code. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Chapter 16.84 of the Arroyo Grande Municipal Code is hereby amended to read as follows: "Chapter 16.84 — WATER EFFICIENT LANDSCAPE REQUIREMENTS 16. 84.010 Adoption of the Model Water Efficient Landscape Ordinance The "Model Water Efficient Landscape Ordinance" of the State of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Sections 490 et. seq. is hereby adopted by reference as the water efficient landscape ordinance of the City of Arroyo Grande as if set out in full in this Chapter. A copy of the Model Water Efficient Landscape Ordinance of the State of California shall be maintained in the City of Arroyo Grande Community Development Department office and shall be made available for public inspection while this ordinance is in force. "Local agency" in the Model Water Efficient Landscape Ordinance shall mean the City of Arroyo Grande." SECTION 2. This Ordinance has been determined to be exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15307 of the State CEQA Guidelines for actions by regulatory agencies for protection of natural resources. The Model Water Efficient Landscape Ordinance addresses the protection of statewide water resources by requiring certain landscaping projects to analyze their water budget. There is no evidence that he proposed project may have a potentially significant effect on the environment, and the project qualifies for exemption. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption. On motion by Council Member seconded by Council Member and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of , 2015. JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY