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