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PC Resolution-09-11-24-02PC RESOLUTION NO. 09-11-24-2 CODE AMENDMENT (CA 09-001) LANDSCAPE STANDARDS (WATER EFFICIENT LANDSCAPE)CODE UPDATE A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN JUAN CAPISTRANO RECOMMENDING THAT THE CITY COUNCIL CERTIFY THE NOTICE OF EXEMPTION AND APPROVE CODE AMENDMENT (CA) 09-001 TO AMEND THE TITLE 9 OF THE LAND USE CODE SECTION 9-3.527 REGULATING LANDSCAPE STANDARDS FOR COMPLIANCE WITH AB 1881 WATER EFFICIENT LANDSCAPE Whereas, the San Juan Capistrano Municipal Code Section 9-3.527 regulates landscape standards to include but not limited to use of lowwater use landscape, water conservation, irrigation design, stormwater management; and, Whereas, the Governor signed the Water Conservation in Landscape Act of 2006, Assembly Bill 1881, on September 28, 2006 and requires that Cities are required to adopt a Water Efficiency Landscape Ordinance no later than January 1, 2010; and, Whereas, the landscape code regulations set forth applicable standards for: 1. Quality and sustainability of landscaping and irrigation systems related to urban runoff; 2. Water use efficiency and landscape health and diversity; 3. Ensuring that the City continues to protect the natural environment and watershed; 4. Providing clean air and water; 5. Preventing erosion and offer fire protection while maintaining aesthetics and community character; and, Whereas, the landscape code sets standards, provisions and procedures that will ensure that the City will: 1. Protect and preserve water resources within the community in accordance with the Conservation and Open Space Element of the City General Plan; 2. Comply with State -mandated water -efficient landscape standards which require cities to adopt water efficient landscape standards; 3. Ensure protection of water resources from excessive use of water in commercial, industrial, public, and residential development; 4. Achieve visually pleasing. landscape environments with the use of native trees and plants; 5. Establish review procedures to evaluate reports, plans, and landscape information pertaining to existing and proposed development projects; 6. Provide landscape design standards which achieve water conservation while also contributing to an aesthetically enriched community landscape; 7. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in existing and new construction and rehabilitated projects; 8. Comply with Assembly Bill 1881 and all requirements set forth in City, State and Federal Law, including those portions of the California Plumbing Code applicable to irrigation systems; and, PC Resolution 09-11-24-2 2 November 24, 2009 Whereas, On October 27, 2009 the Planning Commission conducted a work session to review and comment on the draft code amendment; and, Whereas, On November 24, 2009 the Utilities Commission conducted a public meeting to discuss the code amendment; and, Whereas, On November 24, 2009 the Planning Commission conducted a duly noticed public hearing to consider the code amendment; and, Whereas, the code amendment has been reviewed in accordance with the California Environmental Quality Act and the Environmental Administrator has determined that the project is exempt per section 15307, Class 7, Actions by regulatory Agencies for Protection of Natural Resources because the ordinance will conserve water, a natural resource, and the action of adopting the ordinance otherwise fits the exemption's requirements; and, NOW, THEREFORE, BE IT RESOLVED THAT THE FOLLOWING FINDINGS HAVE BEEN MADE BY THE PLANNING COMMISSION: 1) The proposed Land Use Code amendment (CA) 09-001 conforms with the goals and policies of the General Plan; and, 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; and, 3) The proposed Land Use Code amendment conforms with the intent of the Development Code and is consistent with other applicable related provisions thereof; and, 4) The proposed Land Use Code amendment is reasonable and beneficial at this time. NOW, THEREFORE, BE IT FURTHER RESOLVED, that the Planning Commission of the City of San Juan Capistrano hereby recommends that the City Council certify the Notice of Exemption and approve Code Amendment (CA) 09-001 to amend the San Juan Capistrano Municipal Code Section 9-3.527 regulating landscape standards. EFFECTIVE DATE & FINAL APPROVAL: The decision of the Planning Commission is a recommendation to the City Council that shall become final thirty (30) days after second reading and adoption of a City Council Ordinance. PASSED, APPROVED AND ADOPTED this 24th day of November, 2009, by the following vote, to wit: PC Resolution 09-11-24-2 3 November 24, 2009 AYES: Commissioners Neely, Kerr, Mocalis, Williams, Tatarian, Vice Chair Ratcliffe, and Chairman Cohen NOES: None ABSTAIN: None ABSENT: None Sheldon Cohen, Chairman Grant Taylor, AsAstant Community Development Director