HomeMy WebLinkAboutOrdinance No. 2021-08ORDINANCE NO.2021-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AZUSA, CALIFORNIA AMENDING AND RESTATING
SECTION 88.34.080 OF THE AZUS MUNICIPAL CODE
RELATING TO THE ADOPTION OF THE CALIFORNIA
STATE MODEL WATER EFFICENT LANDSCAPING
ORDINANCE (CODIFIED AT CALIFORNIA CODE OF
REGULATIONS, TITLE 23, DIVISION 2, CHAPTER 2.7,
SECTION 490 ET SEQ.) AND ANY AMENDMENTS
THERETO
WHEREAS, the State Legislature has found: (1) that the waters of the State are of limited
supply and are subject to ever increasing demands; (2) that the continuation of California's
economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) that it is the policy of the State to promote the conservation and efficient use of water and to
prevent the waste of this valuable resource; (4) that landscapes are essential to the quality of life
in California by providing areas for active and passive recreation and as an enhancement to the
environment by cleaning air and water, preventing erosion, offering fire protection, and replacing
ecosystems lost to development; (5) that landscape design, installation, maintenance and
management can and should be water efficient; and (6) that Section 2 of Article X of the California
Constitution specifies that the right to use water is limited to the amount reasonably required for
the beneficial use to be served and the right does not and shall not extend to waste or unreasonable
method of use; and
WHEREAS, the City Council of the City of Azusa concurs with the State Legislature's
findings and further finds that the conservation of water is an important goal of the City; and
WHEREAS, the Water Conservation in Landscaping Act of 2006 (AB 1881) required
cities and counties to adopt ordinances that required efficiency of water use in new and existing
urban irrigated landscapes in California; and
WHEREAS, the requirements of the Water Conservation in Landscaping Act of 2006 were
recently amended by the Department of Water Resources and have been codified at California
Code of Regulations, Title 23, Division 2, Chapter 2.7, Section 490 et seq.; and
WHEREAS, the City Council of the City of Azusa wishes to implement comprehensive
regulations related to water efficient landscaping in order to comply with the Governor's Executive
Order B-29-15 and the provisions of the California Code of Regulations adopted in conformity
therewith; and
WHEREAS, the City Council, therefore, wishes to adopt, by reference, the State of
California Model Water Efficient Landscape Ordinance (codified at California Code of
Regulations, Title 23, Division 2, Chapter 2.7, Section 490 et seq.) to promote water efficiency
measures, to promote water conservation and to protect the public health, safety, and welfare; and
WHEREAS, under California law, if a city does not adopt an ordinance that is at least as
restrictive as the Model Water Efficient Landscape Ordinance, the State Model Water Efficient
Landscape Ordinance becomes effective in the City; and
WHEREAS, the City Council wishes to adopt the Model Water Efficient Landscape
Ordinance as set forth in Chapter 2.7 of Division 2 of Title 23 of the California Code of
Regulations, by reference in the Azusa Municipal Code, in order to put the public on notice of its
applicability.
WHEREAS, on October 28, 2015, the Planning Commission conducted a public hearing
on the proposed Development Code at a regular meeting, and recommended that the City Council
approve this Ordinance.
WHEREAS, on November 10, 2021, the Planning Commission received an update on the
adoption of the proposed Development Code at a regular meeting.
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, the City Council of the City of Azusa does ordain as
follows:
SECTION 1. The City Council finds that all of the foregoing recitals are true and correct
and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.
SECTION 2. Section 88.34.080 of the Azusa Municipal Code is hereby amended in its
entirety and restated to read as follows:
"88.34.080. Adoption of Model State Water Efficient Landscaping Ordinance
(Codified at California Code of Regulations, Title 23, Division 2, Chapter 2.7, Section 490 et
seq.)
A. The City of Azusa adopts by reference the California State Model Water Efficient
Landscape Ordinance (codified at California Code of Regulations, Title 23, Division 2, Chapter
2.7, Section 490 et seq.) and any amendments thereto, as the law of the City. One copy of the
California State Model Water Efficient Landscaping Ordinance has been, and is now, filed in the
office of the Economic and Community Development Director, and the Ordinance is adopted by
reference as if incorporated and set out in full in this Section.
B. Any person violating the California State Model Water Efficient Landscape Ordinance
adopted by this Section shall be in violation of, and subject to all applicable penalties under,
Chapter 1 of this Code.
SECTION 3. Based on the entire record before the City Council, and all written and oral
evidence presented to the City Council, the City Council hereby finds that this ordinance is exempt
from review under the California Environmental Quality Act ("CEQA"), pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 4. If any provision of this Ordinance or the application thereof to any person
or circumstance is held invalid, such invalidity shall not affect other provisions or applications of
the Ordinance which can be given effect without the invalid provision or application, and to this
end the provisions of this ordinance are severable. The City Council hereby declares that it would
have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. By
enacting this Ordinance, the City ordains that nothing herein shall be deemed to conflict with or
duplicate federal or state law, or otherwise or to license any activity that is prohibited thereunder
except as mandated by such laws.
SECTION 5. The City Clerk shall certify the passage of this Ordinance and shall cause
the same to be entered in the book of original ordinances of said City; shall make a minute passage
and adoption thereof in the records of the meeting at which time the same is passed and adopted;
and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be
published as required by law, in a local newspaper of general circulation and which is hereby
designated for that purpose.
SECTION 6. This Ordinance shall become effective thirty days from and after its
adoption.
SECTION 7. City staff shall comply with the reporting requirements set forth in Section
495 of the Model Water Efficient Landscaping Ordinance.
PASSED, APPROVED AND ADOPTED this 18t' day of January, 2022.
' G
Robert Gonzales
Mayor
ATTEST:
Je4eywfawrence C rnejo, r.
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Ordinance No. 2021-08, was duly introduced and
placed upon first reading at a special meeting of the Azusa City Council on the 13ffi day of
December, 2021 and that thereafter, said Ordinance No. 2021-08 was duly adopted and passed at
a regular meeting of the Azusa City Council on the 18t' day of January, 2022 by the following
vote:
AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, BECKWITH
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: MENDEZ
Jef e �w�
Cornejo, J .
ity Clerk
APPROVED AS TO FORM:
i
City torney
Best Best & Krieger LP