Ordinance Number 1058ORDINANCE NO. 1058
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN
CAPISTRANO, CALIFORNIA, AMENDING SAN JUAN
CAPISTRANO MUNICIPAL CODE, TITLE 9, LAND USE, TO
REPEAL SECTION 9-3.527, LANDSCAPE (WATER
CONSERVATION STANDARDS)
WHEREAS, the purpose of this Ordinance is to amend the San Juan Capistrano
Municipal Code, Tattle 9, Land Use to repeal section 9-3.527, Landscape (Water
Conservation Standards), in light of the City's update the Water Efficient Landscape
Ordinance (WELD) in title 8, Building Regulations, for compliance with State Law;
WHEREAS, the State's Model WELO is codified in the Department of Water
Recourses' Code of Regulations (Cal. Code. Regs., tit. 23, § 490 et seq.);
WHEREAS, the purpose of the State's Model WELO is to protect the State's water
supply, encourage water conservation, and to provide cities with the appropriate authority
to ensure efficient water use for public and private landscape projects Cal. Code. Regs.,
tit. 23, § 490);
WHEREAS, California law requires cities to adopt the State's Model WELO or
adopt its own WELO that is at least as effective as the State's (Cal. Gov. Code, §
65595(c));
WHEREAS, if a city's WELO is out of compliance, then the city's WELO is
inoperable and the city must follow the State's Model WELO by default (Cal. Gov. Code,
§ 65595(d));
WHEREAS, on April 1, 2015, Governor Brown's Drought Executive Order (EO B-
29-15) directed Department of Water Resources to update the State's Model WELO and,
on July 15, 2015, the California Water Commission approved the updated Model WELD;
WHEREAS, the City found that the City's WELO adopted in 2010, housed in San
Juan Capistrano Municipal Code, section 9-3.527 (Ord. No. 869, § 2; Ord. No. 966, § 2,
Exh. A, 2010), and guidelines adopted in 2010 for implementation of the WELO (Ord. No.
966) should be updated to ensure compliance with the State's 2015 Model WELO;
WHEREAS, on April 3, 2018, the City Council introduced Ordinance No. 1054 to
update the City's WELO and adopted Resolution No. 18-04-03-02 to update the City's
WELO guidelines, and, on April 17, 2018, the City Council adopted Ordinance No. 1054;
WHEREAS, the update to the City's WELO in Ordinance No. 1054 included
moving the WELO from the title 9 to title 8, because the City Council found that the City's
WELO was better suited for title 8, since the WELO applies to all projects whether public
or private;
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WHEREAS, the City Council now intends to repeal section 9-3.537 to remove the
former WELO housed in title 9;
WHEREAS, this amendment has been processed pursuant to section 9-2.309,
Amendment of the Land Use Code;
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
SECTION 2. The City Council hereby determines that this Ordinance is exempt
from review under the California Environmental Quality Act (CEQA) (California Public
Resources Code § 21000 et seq.), because the whole of the Ordinance is exempt as an
organizational or administrative activity. Pursuant to State CEQA Guidelines, section
15478(b)(5) (Cal. Code Regs., tit. 14, § 15478(b)(5)), this Ordinance constitutes an
organizational or administrative activity of government that will not result in direct or
indirect physical changes in the environment. On April 3, 2018, the City Council
introduced Ordinance No. 1054 to update the City's WELO and adopted Resolution No.
18-04-03-02 to update the City's WELO guidelines, and, on April 17, 2018, the City
Council adopted Ordinance No. 1054. Ordinance No. 1054 and Resolution No. 18-04-03-
02 updated the City's WELO to comply with State law and adopted the updated WELO
as part of title 8, Building Regulations. Since the City's current WELD, which is housed in
title 8, is consistent with State law, removal of the City's former WELD, which is housed
in title 9, will in no way directly or indirectly physically change the environment and is a
necessary administrative step to ensure clear and consistent implementation of the City's
current WELD.
SECTION 3. Pursuant to San Juan Capistrano Municipal Code, section 9-
2.309(e), the City Council hereby finds and determines as follows:
The proposed Land Use Code amendment conforms with the goals and
policies of the General Plan. The Conservation and Open Space Element
provide that the City will encourage water conservation by: (1) Expanding
the production of reclaimed water and developing new use for reclaimed
water; (2) requiring the use of drought resistant plant species in landscaping
for private and public areas, including parks; (3) establishing water
conservation education programs; and (4) requiring the incorporation of
water conservation devices, including low -flush toilets, flow restriction
devices and water conserving appliances, in new development, public
projects and rehabilitation projects. (GP C&OSE, p. 23.) The City's current
WELD, housed in title 8, complies with State law and conforms to and
supports these above goals and policies. Since the former WELO, housed
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in title 9, is no longer operable, its removal will enable clear and consistent
implementation of the current WELD.
2. The proposed Land Use Code amendment is necessary to implement the
General Plan and to provide for public safety, convenience, and/or general
welfare. This Ordinance is necessary to implement the General Plan and
provide for public safety, convenience and/or general welfare, because it
removes the inoperable former WELO from title 9, which will help prevent
confusion when reading the Municipal Code to implement the City's current
WELO in title 8.
3. The proposed Land Use Code amendment conforms with the intent of the
Development Code (title 9) and is consistent with other applicable related
provisions thereof. Title 9 generally applies to the development and use of
private property, but the WELO is intended to apply to private and public
projects. Moving the WELO from title 9 to title 8 is consistent with the
regulatory purpose of title 9 and will ensure clear and consistent
implementation of the City's current WELD.
4. The proposed Land Use Code amendment is reasonable and beneficial at
this time. On April 17, 2018, the City current WELD, which was updated for
compliance with State law, is housed in title 8. The City's former WELD,
housed in title 9, is no longer operable. This Ordinance is reasonable and
beneficial at this time, because it removes the inoperable former WELO
from title 9 to allow for clear and consistent implementation of the current
WELO in title 8.
SECTION 4. San Juan Capistrano Municipal Code, section 9-3.527, Landscape
(Water Conservation Standards), hereby repealed.
SECTION 5. If any provision of this Ordinance or its application to any person or
circumstance is held invalid, such invalidity has no effect on the other provisions or
applications of the Ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Ordinance are severable. The City
Council declares that it would have adopted this Ordinance irrespective of the invalidity
of any portion thereof.
SECTION 6, The City Clerk shall certify to the adoption of this Ordinance and
cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a
newspaper of general circulation printed and published within the City of San Juan
Capistrano, and shall post a certified copy of this Ordinance, including the vote for and
against the same, in the Office of the City Clerk in accordance with California Government
Code Section 36933.
SECTION 7. The City Clerk shall certify the adoption of this Ordinance and cause
it, or a summary of it, to be published as required by law.
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SECTION 8. The City Council hereby directs staff to prepare, execute and file a
Notice of Exemption with the Orange County Clerk within five working days after the
passage and adoption of this Ordinance.
SECTION 9. The record of proceedings relating to this Ordinance are located at
City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The custodian of
records is the Community Development Director.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of San Juan Capistrano this 19th day of June 2018.
SERGIO FARIAS, MAYOR
ATTEST:
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MAW.A MORRIS, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1058 which was
regularly introduced and placed upon its first reading at the Adjourned Regular Meeting
of the City Council on the 11th day of June 2018, and that thereafter, said Ordinance was
duly adopted and passed at the Regular Meeting of the City Council on the 19th day of
June 2018, by the following vote, to wit:
AYES: COUNCIL MEMBERS: Ferguson, Reeve, Patterson, Maryott and Mayor Farias
NOES COUNCIL MEMBERS: None
ABSEN : NOUN IL EMBERS: None
MARIA MOR IS, ITY CLERK
4 01058
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State IawsJune May 2018, at least 5 days prior to the adoption
of the ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE,
TITLE 9, LAND USE, TO REPEAL SECTION 9-3.527, LANDSCAPE (WATER
CONSERVATION STANDARDS)
This document was posted in the Office of the City -0 lerk
MA IA,MOR I , CITY CLERK
San Juan Capistrano, California
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
AFFIDAVIT OF POSTING
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 22t" day of June 2018, 1 caused to be posted a certified copy of Ordinance No.
1058, adopted by the City Council on June 19, 2018, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE,
TITLE 9, LAND USE, TO REPEAL SECTION 9-3.527, LANDSCAPE (WATER
CONSERVATION STANDARDS)
This document was posted in the Office of the City Clerk
l�
MARIA MORRIS, CITY CLERK
San Juan Capistrano, California
5 01058