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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; 01058 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 2 01058 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. 3 01058 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: r� 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