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HomeMy WebLinkAbout14 - Landscape Maintenance Code AmendmentsCTY OF F NEWPORT BEACH City Council Staff Report August 11, 2015 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226, kbrandt @newportbeachca.gov PREPARED BY: Makana Nova, Associate Planner PHONE: 949- 644 -3249 TITLE: Landscape Maintenance Code Amendments ABSTRACT: Staff requests approval of two proposed amendments to the Municipal Code to relax lawn and landscaping maintenance requirements during times when the City Council has declared either a Level Three (3) or Level Four (4) Mandatory Water Conservation condition. RECOMMENDATION: a) Conduct a public hearing; b) Find the project to be categorically exempt pursuant to Title 14, Chapter 3 (Guidelines for the California Environmental Quality Act) of the California Code of Regulations under Class 7. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment; c) Introduce Ordinance No. 2015 -25, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA 2015 -007 and Amending Section 10. 50.020 (Nuisance) of the Newport Beach Municipal Code (PA2015 -108), and pass to second reading on September 8, 2015; and d) Introduce Ordinance No. 2015 -26, An Ordinance of the City Council of the City of Newport Beach, California, Approving Code Amendment No. CA2015 -007 and Amending Section 20.36.050 (General Landscape Standards of the Newport Beach Municipal Code) (PA2015 -108), and pass to second reading on September 8, 2015. FUNDING REQUIREMENTS: There is no fiscal impact related to the Code Amendment. 14 -1 DISCUSSION: Backaround The proposed landscape maintenance amendments are the result of recent State legislation stemming from the State's current drought. In April of 2015, Governor Brown signed an executive order directing the State Water Resources Control Board to impose water use restrictions to achieve a statewide 25 percent reduction in urban water use through February 2016. On May 12, 2015, City Council approved a Resolution of Intent declaring a Level Three water supply shortage. A Level Three water supply shortage prohibits irrigation of lawn, landscape, or other vegetated areas with potable water between the hours of 9:00 a.m. and 5:00 p.m. Additionally, each customer is limited to two irrigation days per week from April through October and to one irrigation day per week from November through March. Specific exceptions to these limitations apply such as hand -held watering with a bucket or hose nozzle, watering for food crops, and adjustments to irrigation systems. On June 9, 2015, City Council initiated a Zoning Code amendment regarding landscape maintenance, given the expected impacts of reduced irrigation during drought conditions. Subsequently, staff also identified the need to amend the nuisance provisions in Title 10 as it relates to landscape maintenance. At the July 9, 2015, Planning Commission meeting, the Commission reviewed the proposed changes to the Zoning Code and provided direction to staff on the proposed amendment. The meeting minutes are provided in Attachment No. CC 3. The Planning Commission recommended City Council approval of the Code Amendment by a vote of 6 ayes and 0 noes (Planning Commission Resolution, Attachment No. CC 4). Title 10- Public Nuisance Abatement Code Amendment The City's Municipal Code standards in Section 10.50.020.E.9 (Nuisance) define unsafe, unsightly, or poorly maintained property as, "landscaping, grounds, walls, fences, driveways, parking lots, irrigations systems, or sidewalks which are maintained in such a condition as to become defective, unsightly, or unsafe." To accommodate the current Level Three Water Supply Shortage and to avoid penalizing residents and businesses whose lawns suffer as a result of mandatory water conservation, staff recommends that the maintenance provisions for lawn areas during drought conditions be relaxed appropriately. Moreover, in the event that City Council declares a Level Four Water Supply Shortage in the future, staff proposes to relax the maintenance provisions for all lawn, landscape, and vegetation areas. Under a Level Four water supply shortage, potable watering of lawn, landscape, or other vegetated areas is prohibited with specific exceptions to this limitation. The proposed changes are as follows: 10.50.020 Nuisance E. Unsafe, unsightly, or poorly maintained property including but not limited to: 1. Storage or accumulation of household items, except furniture designed for outdoor use, barbecues and plants, on patios, roofs, balconies, and in yards in such a manner as to be visible from a public street, alley, sidewalk or other public right -of -way; 2. Private driveways or walkways maintained in an unsafe condition which create a hazard to pedestrians; 3. Outside storage of any whitegoods, whether operable or not, in any area accessible to children who are not under the care and supervision of the owner or person in charge of the property; 4. Broken windows, or doors; 14 -2 5. The failure to secure and maintain from public access all doorways, or other openings into vacant or abandoned buildings or structures; 6. Buildings or structures which are partially destroyed, partially repaired, abandoned or which remain in the state of partial construction or disrepair for more than three months, unless the construction and repairs are being accomplished pursuant to an active, open building permit; 7. Buildings, walls, fences or structures upon which the condition of the paint or exterior finish has become so deteriorated as to permit decay, excessive cracking, peeling, chalking, dry rot, warping or termite infestation; 8. Any front yard or landscaped setback area which, due to the lack of turf, other planted material, decorative rock, bark or planted groundcover or covering causes excessive dust or allows the accumulation of debris; 9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems, or sidewalks which are maintained in such a condition so as to become defective, unsightly or unsafe; Lawn areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). All landscaped areas must continue to be kept in a safe and orderly manner consistent with the other requirements to minimize the potential for excess dust, fire hazards, and hazards created by dead or dying trees and shrubs. 10. Deteriorated parking lots, including those containing potholes, cracks, ponds or ridges; 11. Accumulations of grease, oil or other hazardous material on paved or unpaved surfaces, driveways, buildings, walls, or fences, or from which any such material flows or seeps onto any public street, sidewalk, alleyway, or other public or private right -of -way; and 12. The use of materials other than glass (or other rigid transparent or semitransparent material designed for permanent installation in a structure) as a replacement or covering of window panes; The proposed code amendment provides exceptions to the defective and unsightly provision for lawn areas during a Level Three and Level Four water supply shortage. However, all landscaped areas must continue to be kept in a safe and orderly manner consistent with the other requirements to minimize the potential for excess dust, fire hazards, and hazards created by dead or dying trees and shrubs. Title 20- Zoning Code Amendment Planning Commission recommends that the City Council modify Chapter 20.36.050 (General Landscape Standards) of the Municipal Code to reference similar watering exceptions to landscape maintenance requirements. The proposed language is as follows: 20.36.050 General Landscape Standards. C. Maintenance. 1. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090 ).. 14 -3 3. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials 4. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. 5. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. The code amendment provides exceptions to the healthy and growing condition requirement during a Level Three and Level Four water supply shortage. However, all landscaped areas must continue to be kept in a safe and orderly manner consistent with the other requirements to minimize the potential for excess dust, fire hazards, and hazards created by dead or dying trees and shrubs. Alternatives The Council may make changes to the proposed Code Amendments related to landscape maintenance, or choose to maintain the existing Code language. ENVIRONMENTAL REVIEW: Staff recommends that City Council find the project categorically exempt under Section 15307, of Title 14, Chapter 13 (Guidelines for California Environmental Quality Act) of the California Code of Regulations - Class 7 (Actions By Regulatory Agencies for Protection of Natural Resources). Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Code Amendments would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. NOTICING: Notice of these amendments was published in the Daily Pilot as an eighth page advertisement at least 10 days before the scheduled meeting, consistent with the provisions of the Municipal Code. Additionally, the item appeared on the agenda for this meeting, which was posted at City Hall and on the City website. This agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment CC 1 - Draft Ordinance - Title 10 Attachment CC 2 - Draft Ordinance - Title 20 Attachment CC 3 - Planning Commission Minutes from July 9, 2015 Attachment CC 4 - Planning Commission Resolution No. 1987 14 -4 ATTACHMENT CC 1 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CODE AMENDMENT NO. CA2015 -007 AND AMENDING SECTION 10.50.020 (NUISANCE) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2015 -108) WHEREAS, on April 1, 2015, the Governor signed an executive order directing water restrictions to achieve a statewide 25 percent reduction in urban water use through February, 2016; and WHEREAS, on May 12, 2015, the City of Newport Beach responded by declaring a Level Three water supply shortage; and WHEREAS, on June 9, 2015, the City Council initiated an amendment of the Zoning Code to reflect the City's water conservation efforts and relax maintenance requirements for lawn, landscape, and vegetation areas during drought conditions. As part of staffs review the Municipal Code was reviewed and found an amendment to this Section was appropriate for consistency with the initiated Zoning Code Section; and WHEREAS, the City Council desires to relax lawn maintenance during a Level 3 water supply shortage and relaxes all lawn, landscape, and vegetation area maintenance during a Level 4 water supply shortage under Sections 10.50.020 (Nuisance) of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on August 11, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The City Council introduced and passed to second reading the ordinance to approve Code Amendment No. CA2015 -007. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subsection E(9) of Section 10.50.020 (Nuisance) of the Newport Beach Municipal Code is hereby amended: 9. Landscaping, grounds, walls, fences, driveways, parking lots, irrigation systems, or sidewalks which are maintained in such a condition so as to become defective, unsightly or unsafe; Lawn areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the defective and unsightly provision when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). All landscaped areas must continue to be kept in a safe and orderly manner consistent with the other 14 -5 requirements to minimize the potential for excess dust, fire hazards, and hazards created by dead or dying trees and shrubs. Section 2: Code Amendments are legislative acts. Neither the City's Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The Code Amendment allows the City to accommodate the current Level Three Water Supply Shortage and avoid penalizing residents and businesses whose lawns suffer as a result of mandatory water conservation during drought conditions. The Code Amendment provides provisions for similar maintenance exceptions for lawn, landscape, or other vegetated areas in the event of a Level Four water supply shortage. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5: The City Council finds the project to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15307, of the State CEQA (California Environmental Quality Act) Guidelines - Class 7 (Actions By Regulatory Agencies for Protection of Natural Resources). Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Code Amendment would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. Page 12 14 -6 This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of August, 2015, and adopted on the 8th day of September, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES,COUNCILMEMBERS ABSENT COUNCILMEMBERS MA A 81► I T /_1:l 011111 9=0 1:1 Ius] NMI ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Page 13 14 -7 ATTACHMENT CC 2 ORDINANCE NO. 2015- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CODE AMENDMENT NO. CA2015 -007 AND AMENDING SECTION 20.36.050 (GENERAL LANDSCAPE STANDARDS) OF THE NEWPORT BEACH MUNICIPAL CODE (PA2015 -108) WHEREAS, on April 1, 2015, the Governor signed an executive order directing water restrictions to achieve a statewide 25 percent reduction in urban water use through February, 2016; and WHEREAS, on May 12, 2015, the City of Newport Beach responded by declaring a Level Three water supply shortage; and WHEREAS, on June 9, 2015, the City Council initiated an amendment of the Zoning Code that would amend the regulations for Section 20.36.050 (General Landscape Standards) of the Zoning Code to reflect the City's water conservation efforts and relax maintenance requirements for lawn, landscape, and vegetation areas during drought conditions; and WHEREAS, the City Council desires to relax lawn maintenance during a Level 3 water supply shortage and relax all lawn, landscape, and vegetation area maintenance during a Level 4 water supply shortage under Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code; and WHEREAS, a public hearing was held on July 9, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. The Planning Commission adopted Resolution No. 1987 recommending City Council approval of the Code Amendment by a vote of 6 ayes and 0 noes; and WHEREAS, a public hearing was held on August 11, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. The City Council introduced and passed to second reading the ordinance to approve Code Amendment No. CA2015 -007. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Subsection C(2) of Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code is hereby amended to: M. 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). Section 2: Zoning Code Amendments are legislative acts. Neither the City's Municipal Code nor State Planning Law set forth any required findings for either approval or denial of such amendments, unless they are determined not to be required for the public necessity and convenience and the general welfare. The Zoning Code Amendment allows the City to accommodate the current Level Three Water Supply Shortage and avoid penalizing residents and businesses whose lawns suffer as a result of mandatory water conservation during drought conditions. The Zoning Code Amendment provides provisions for similar maintenance exceptions for lawn, landscape, or other vegetated areas in the event of a Level Four water supply shortage. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5: The City Council finds the introduction and approval of the code amendment to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15307, of the State CEQA (California Environmental Quality Act) Guidelines - Class 7 (Actions By Regulatory Agencies for Protection of Natural Resources). Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Zoning Code Amendment would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Page 12 14 -9 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City, and it shall be effective thirty (30) days after its adoption. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 11th day of August, 2015, and adopted on the 8th day of September, 2015, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS LOA ATTEST: EDWARD D. SELICH LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP. CITY ATTORNEY Page 13 14 -10 ATTACHMENT CC 3 NEWPORT BEACH PLANNING COMMISSION MINUTES 7/9/15 n't do and suggested changes to Condition No. 1 to say that "the home shall remain consistent with the exi ' g improvements or plans ", and commented on Conditions No. 2 and 4. He suggested deleting Condi No. 6 and 12 and suggested changing Condition No. 13 to reflect "the current property owner" instead o e "current business owner" and the "sales agent" rather than "leasing agent ". Deputy Commu'rAly Development Director Wisneski suggested maintaining Condition No. 4 and 6 and explained the ration %To o. Assistant City Attoroted the need maintain Con dition No. 6 to ensure that construction is safe. Eliminating it could en the City to liability. Commissioner Brown added that C dition No. 6 protects future owners of the property. In response to his question regarding retroactive permitti Assistant City Attorney Torres reported that the current owner would be responsible for repairs to bring tha4p roperty into compliance. He noted the need to ensure that the property is safe for the current and future propVy owners. Commissioner Koetting commented on the need to 6sure that bootleg construction is avoided Vice Chair Kramer invited the applicant to address the Mr. Flowers, applicant, stated agreement with all conditions of Motion made by Commissioner Brown and seconded by Vice Chair Nmer to adopt Resolution No.1986 approving Conditional Use Permit No. UP2015 -018 subject to the conditi %seforlh in Exhibit A , which is attached to the staff report and incorporated by reference. Commissioner Brown and Vice Chair Kramer clarified that the changeditions, as discussed above, are acceptable. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, and Myers NOES: None ABSTENTIONS: None ABSENT: None ITEM N0.3 LANDSCAPE MAINTENANCE CODE AMENDMENT (PA2015 -108) Site Location: Citywide Associate Planner, Makana Nova, presented details of the staff report addressing the amendment request, the current drought conditions and requirements, details of the proposed amendment, exemptions related to a Level 3 and 4 water shortage and plans for future amendments. She added that staff is recommending removing the term "turf' from the proposed amendment language because this term is already synonymous with the term "lawn ". Commissioner Hillgren inquired about making more reclaimed water supply available. Associate Planner Nova stated that the City plans on extending the use of reclaimed water in specific areas of the City and the matter is being addressed on a project specific basis at this time. Commissioner Hillgren commented on the importance of planning to have the infrastructure available to manage issues that come up. In response to Commissioner Koetting's inquiry regarding enforcement of the new water provisions, Deputy Community Development Director Wisneski reported that Code Enforcement staff is being increased to ensure compliance with water conservation requirements. She addressed educating the public to further ensure compliance. Brief discussion followed regarding the use of artificial turf. Page 3 of 5 14 -11 NEWPORT BEACH PLANNING COMMISSION MINUTES an Vice Chair Kramer opened the Public Hearing. 7/9/15 Jim Mosher commented on the proposed language in the amendment, pointed out an omission in the Resolution, inquired about the CEQA findings relative to exemptions and regulatory agencies, and noted that the Zoning Code gives Council and the Planning Commission equal authority to initiate amendments to the Zoning Code. Vice Chair Kramer closed the Public Hearing. Motion made by Commissioner Hillgren and seconded by Commissioner Koetting to adopt Resolution No. 1987 recommending the City Council approval of an ordinance approving Code Amendment No. CA2015- 007. AYES: Brown, Hillgren, Koetting, Kramer, Lawler, and Myers NOES: None ABSTENTIONS: None ABSENT: None MOTION FOR RECONSIDERATION - None ITEM NO. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Deputy Communi Development Director Wisneski announced that at its next meeting, the Planning Commission will be cting new officers and commented on the possibility of having new Commission members. She added tha a Commission will consider an application for a telecommunications permit. 1. Update orN a General Plan /Local Coastal Program Implementation Committee Deputy Community Development Direatoy Wisneski reported that staff has continued to meet with Coastal Commission staff and that there will be one ore strategy meeting to discuss the City's Local Coastal Program Implementation plan. A subsequent meeting be held to develop items for the Planning Commission and Council to review. A study session will be held a e Commission's second meeting in August and a Public Hearing will be held in September. 2. Update on City Council Items - None ITEM NO. 6 ANNOUNCEMENTS ON MATTERS THAT TH LANNING COMMISSION MEMBERS WOULD LIKE PLACED ON A FUTURE AGEND FOR DISCUSSION, ACTION, OR REPORT Commissioner Hillgren requested placing evaluation of the City's requirements fo esidential building reports on the next agenda. Deputy Community Development Director Wisneski added there 'll be a report on the City's current policies and a review of other jurisdictions practices. ITEM NO. 7 REQUESTS FOR EXCUSED ABSENCES Commissioner Lawler requested an excused absence for August 6, 2015. Page 4 of 5 14 -12 ATTACHMENT CC 4 RESOLUTION NO. 1987 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, APPROVING CODE AMENDMENT NO. CA2015 -008 MODIFYING ZONING CODE LANDSCAPE MAINTENANCE REQUIREMENTS DURING A LEVEL THREE OR LEVEL FOUR WATER SUPPLY SHORTAGE. THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On June 9, 2015, the City Council initiated an amendment of the Zoning Code that would amend the regulations for Section 20.36.050 (General Landscape Standards) of the Zoning Code to reflect the City's water conservation efforts and relax maintenance requirements for lawn, landscape, and vegetation areas during drought conditions. 2. A public hearing was held on July 9, 2015, in the Council Chambers at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15307, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources). 2. Class 7 consists of actions taken by regulatory agencies as authorized by state law or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for the protection of the environment. The Zoning Code Amendment would modify general landscape standards and relax watering requirements for the maintenance of lawn, landscaping, and vegetation areas during drought conditions when a water shortage has been identified. SECTION 3. FINDINGS. 1. Considering the current drought, City Council declared a Level Three water supply shortage. Due to potable water use limitations, it is expected that it may be difficult or undesirable for lawn areas to be kept in a healthy or growing condition during the current drought for months (or years) to come. 2. Similar landscape maintenance exceptions are anticipated for lawn, landscape, and other vegetated areas in the event that a Level Four Water Supply Shortage is declared in the future. F[5193 Planning Commission Resolution No. 1987 Paoe 2 of 3 3. The recommended Code Amendment exempts some lawn, landscape, and vegetation area maintenance requirements in the event the Governor has declared a state of emergency or a local government has declared a local emergency (Level 3 or Level 4 water supply shortage) due to drought. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby recommends City Council approval of Code Amendment No. CA2015 -008 (PA2015 -108) amending Section 20.36.050 (General Landscape Standards) of the Zoning Code as set forth in Exhibit "A." 2. This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF JULY, 2015. AYES: Kramer, Myers, Brown, Hillgren, Koetting, and Lawler NOES: None ABSTAIN: None ABSENT: None M M 03 -03 -2015 14 -14 Planning Commission Resolution No. 1987 Pace 3 of 3 Exhibit A Code Amendment CA2015 -008 (PA2015 -108) 20.36.050 General Landscape Standards. C. Maintenance. Landscape materials and landscaped areas shall be maintained in compliance with an approved landscape plan. 2. Landscaped areas shall be maintained in a healthy and growing condition and shall receive regular pruning, fertilizing, mowing and trimming. Lawn areas shall be exempt from the healthy and growing condition provision when the City Council has declared a Level Three water supply shortage (NBMC Section 14.16.080) and all lawn, landscape, and other vegetated areas shall be exempt from the healthy and growing condition requirement when the City Council has declared a Level Four water supply shortage (NBMC Section 14.16.090). 3. Landscaped areas shall be kept free of weeds, debris, and other undesirable materials. 4. Irrigation systems shall be kept in good operating condition, including adjustments, replacements, repairs, and cleaning as part of regular maintenance. Adjustments to eliminate overspray or runoff shall be made on a regular basis. 5. Landscape materials and landscaped areas shall be maintained to minimize impacts to public viewsheds to the greatest extent feasible. 03 -03 -2015 i[5N7