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Home My WebLink AboutAGENDA REPORT 2019 1204 REG CCSA ITEM 09CCITY OF MOORPARK,  CALIFORNIA City Council Meeting of December 04, 2019 ACTION Introduced Ordinance No. 476 for first reading. BY B.Garza. C. Consider an Ordinance Amending Section 15.23.010 of Chapter 15.23 Water Efficient Landscape Ordinance, of Title 15, Buildings and Construction, of the Moorpark Municipal Code. Staff Recommendation: Introduce Ordinance No. 476 for first reading, waive full reading, and direct staff to schedule a public hearing for purposes of second reading and adoption for December 18, 2019. (Staff: Jeremy Laurentowski) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Jeremy Laurentowski, Parks and Recreation Director BY: Jessica Sandifer, Community Services Manager D ATE: 12/04/2019 Regular Meeting SUBJECT: Consider an Ordinance Amending Section 15.23.010 of Chapter 15.23 Water Efficient Landscape Ordinance, of Title 15, Buildings and Construction, of the Moorpark Municipal Code BACKGROUND In 2006, Assembly Bill 1881 was signed amending the Water Conservation in Landscape Act. The bill required that by January 1, 2010, a local agency should do one of the following: 1)adopt a local water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the department; or 2)adopt the State of California’s updated Model Water Efficient Landscape Ordinance (MWELO). On January 6, 2010, at a duly noticed public hearing, the City of Moorpark, via Ordinance No. 383, adopted the State’s MWELO into the City’s Municipal Code. DISCUSSION In 2015, Executive Order B-29-15 (EO) tasked the Department of Water Resources (DWR) with revising the 2010 MWELO to increase water efficiency standards for new and retrofitted landscapes. The EO also required that agencies report on their implementation and enforcement of local ordinances by December 31, 2015. At the time the MWELO was updated it was believed that the City’s previous adoption by reference covered the updated 2015 MWELO requirements. Recently, it has been brought to our attention that the City has not been reporting on implementation and Item: 9.C. 20 enforcement of the MWELO as required under the 2015 update. Upon closer examination of Section 15.23.010, the reference to the reporting section is not included in the Code as the requirement did not exist at the time Ordinance No. 338 was adopted. Staff is updating the affected section in order to ensure that future amendments to the MWELO will be automatically be included in the City’s Code. The proposed language in legislative format, is noted below: 15.23.010 Except as hereinafter provided, tThe model water efficient landscape ordinance of the State of California, as contained in the California Code of Regulations Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7. Model Water Efficient Landscape Ordinance, as amended from time to time, Sections 490 through 494, is hereby adopted by reference as the water efficient landscape ordinance of the city of Moorpark. A copy of the model water efficient landscape ordinance of the State of California shall be maintained in the community development department office of the city of Moorpark and shall be made available for public inspection while this ordinance is in force. Staff is in the process of filing the missing reports as required under the current MWELO. Additionally, although staff has been applying and enforcing the MWELO during landscape plan reviews, the City’s Landscape Design Standards have not been updated since April 2012 by adoption of Resolution No 2012-3096. This predates the 2015 update of the MWELO. Staff will return with a future item to update the Landscape Design Standards to ensure consistency with the MWELO. The City Attorney’s Office has reviewed the attached draft ordinance. ENVIRONMENTAL DETERMINATION The Community Development Director has determined that this action is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the general rule that CEQA only applies to “projects” that may have a significant effect on the environment. The proposed action would amend the Code as already adopted by the State of California. In this case, there is no possibility that the proposed action would have a significant impact on the environment. 21 Honorable City Council 12/04/2019 Regular Meeting Page 2 FISCAL IMPACT There is no fiscal impact as the MWELO is already being applied and enforced through the Development and Permit review processes. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Introduce Ordinance No. ___ for first reading, waive full reading, and direct staff to schedule a public hearing for purposes of second reading and adoption for December 18, 2019. Attachment: Draft Ordinance 22 Honorable City Council 12/04/2019 Regular Meeting Page 3 ORDINANCE NO. ___ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING SECTION 15.23.010 OF CHAPTER 15.23, WATER EFFICIENT LANDSCAPE ORDINANCE, OF TITLE 15, BUILDINGS AND CONSTRUCTION WHEREAS, Government Code Section 50022.3, 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 December 18, 2019, the City Council conducted a duly-noticed public hearing on the matter of amending Chapter 15.23.010, which adopts the State of California Model Water Efficient Landscape Ordinance by reference, received public testimony on the proposed ordinance, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the City Council concurs with the Community Development Director’s determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. That Chapter 15.23.010 of Title 15 of the Moorpark Municipal Code, is amended and replaced in its entirety as follows: “15.23.010 The model water efficient landscape ordinance of the State of California, as contained in the California Code of Regulations Title 23. Waters, Division 2. Department of Water Resources, Chapter 2.7. Model Water Efficient Landscape Ordinance, as amended from time to time, is hereby adopted by reference as the water efficient landscape ordinance of the city of Moorpark. A copy of the model water efficient landscape ordinance of the State of California shall be maintained in the community development department office of the city of Moorpark and shall be made available for public inspection while this ordinance is in force.” SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion 23 AttachmentHonorable City Council 12/04/2019 Regular Meeting Page 4 thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a written record of the passage and adoption thereof in the minutes of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this ____ day of _____________, 2019. ______________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 24 Honorable City Council 12/04/2019 Regular Meeting Page 5