City of Glendora, CA

10/09/2019 | Press release | Distributed by Public on 10/09/2019 17:08

Adopted Ordinance 2043

PUBLIC NOTICE

ADOPTED ORDINANCE NO. 2043

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, AMENDING GLENDORA MUNICIPAL CODE, TITLE 21, SECTION 21.03.060, DELETING EXISTING LANGUAGE IN ORDER TO REMOVE THE REQUIREMENTS WHICH EXCEED THOSE ESTABLISHED WITHIN THE STATE MODEL WATER EFFICIENCY LANDSCAPING ORDINANCE

THE CITY COUNCILCity of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, on April 1, 2015, California Governor Edmund Gerald Brown, Jr. issued Executive Order B-29-15, imposing restrictions on water use in order to achieve an aggregate statewide 25 percent reduction in potable urban water usage through February 2016; and

WHEREAS, on May 5, 2015, in accordance with the Governor's Executive Order B-29-15, the State Water Resources Control Board adopted Resolution 2015-0032 detailing emergency regulations ('Regulations') implementing a statewide 25% reduction in potable urban water use; and

WHEREAS, the Regulations established conservation levels for water suppliers based on an average Residential Gallons per Capita per Day ('R-GPCD') for the period of July through September 2014, and the City of Glendora was categorized among the cities mandated with a 36 percent potable urban water use reduction; and

WHEREAS, on May 26, 2015 the City Council of the City of Glendora adopted an Emergency Drought Response Plan which implemented comprehensive regulations in order to comply with Executive Order B-29-15, to protect the public health, safety, and welfare. The Plan included the repeal and replacement of §21.03.060 of the Glendora Municipal Code in order to adopt by reference, as if incorporated and set out in full, the California State Model Water Efficient Landscaping Ordinance ('MWELO') requirements along with additional local requirements and applicability parameters; and

WHEREAS, on April 7, 2017, Governor Brown lifted the emergency drought declaration; and

WHEREAS, two years have passed since the lift of the emergency drought declaration and the Glendora Municipal Code §21.03.060 continues to be more stringent than State Law, imposing unnecessary additional requirements on project applicants and additional applicability parameters; therefore the City Council of the City of Glendora desires to amend the Section to remove all regulations that exceed the California State MWELO

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council hereby adopts a Notice of Exemption for this project pursuant to the California Environmental Quality Act ('CEQA'). The City Council finds the introduction and adoption of this Ordinance is not subject to the 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. CEQA Guidelines Section 15378(b)(2) excludes '[c]ontinuing administrative... activities, such as... general policy and procedure making' and Section 15378(b)(5) excludes '[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment' from its definition of 'project.' Pursuant to State CEQA Regulation 15307 (14 Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. Even if this Ordinance were a 'project,' it would be exempt from environmental review under CEQA Guidelines Section 15061(b)(3)'s 'general rule' that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Here, it can be seen with certainty that there is no possibility that this Ordinance, in and of itself, will have a significant effect on the environment. On its own, this action will not result in any physical changes to the environment.

SECTION 2. The City Council finds that the additional local requirements that exceed the State's MWELO are not necessary and cause projects to incur additional time and expense.

SECTION 3. Glendora Municipal Code Title 21, §21.03.060 is hereby amended as follows, with deleted language indicated in strikethrough font:

'21.03.060 State model water efficient landscaping ordinance adopted by reference

A. The city adopts by reference the California State Model Water Efficient Landscaping Ordinance (AB 1881), 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 planning , and the ordinance is adopted by reference as if incorporated and set out in full in this chapter.

'

SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Glendora hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 5. The Mayor shall sign this Ordinance and the City Clerk shall attest and certify to the passage and adoption thereof and cause same to be published at least once in the San Gabriel Valley Examiner, a weekly newspaper of general circulation, published in the City of Glendora, which newspaper is hereby designated for that purpose (GC §40806); and thereupon, and thirty (30) days after its passage, this ordinance shall take effect and be in force.

PASSED, APPROVED and ADOPTED this 8th day of October, 2019.

City Council of Glendora, California

BY: JUDY M. NELSON, Mayor

APPROVED AS TO FORM:

Aleshire & Wynder, LLP

WILLIAM W. WYNDER, City Attorney

CERTIFICATION

I, Kathleen R. Sessman, City Clerk/Communications Director of the City of Glendora, do hereby certify that the foregoing Ordinance was introduced for first reading on the 24th day of September, 2019 with the following vote:

AYES: COUNCIL MEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on the 8th day of October, 2019, by the following roll call vote:

AYES: COUNCIL MEMBERS: Boyer, Davis, Thompson, Allawos, and Nelson.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

I further certify that said Ordinance was published as required by law in a newspaper of general circulation in the City of Glendora, California on the 17th day of October, 2019.

Dated: October 9, 2019

KATHLEEN R. SESSMAN,

City Clerk/Communications Director