08.a. Supplemental MemoN W00RPOFATE)07Z
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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