HomeMy WebLinkAbout3.0 - Landscpare Maintenance Code Amendment - PA2015-108 CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 9, 2015
Agenda Item 3
SUBJECT: Landscape Maintenance Code Amendment
CA2015-007 (PA2015-108)
PLANNER: Makana Nova, Associate Planner
(949) 644-3249, mnova@newportbeachca.gov
PROJECT SUMMARY
A Zoning Code Amendment to modify Section 20.36.050 (General Landscape
Standards) to relax lawn maintenance during a Level 3 water supply shortage
consistent with Section 14.16.080 (Level Three Mandatory Water Conservation
Requirements) of the Municipal Code and relax all lawn, landscape, and vegetation for
landscape maintenance during a Level 4 water supply shortage consistent with Section
14.16.090 (Level Four Mandatory Water Conservation Requirements) of the Municipal
Code.
RECOMMENDATION
1) Conduct a public hearing; and
2) Adopt Resolution No. -- recommending the City Council approval of an ordinance
approving Code Amendment No. CA2015-007 (Attachment No. PC 1).
INTRODUCTION
Background
The proposed landscape maintenance amendment is the result of recent state
legislation stemming from the State's historic drought. The following narrative provides a
summary of this legislation necessitating the proposed code amendment:
• State of California Assembly Bill No. AB2100 was approved by the Governor on July
21, 2014, amending Section 4735 of the California Civil Code (Attachment No. PC
1), which prohibits a homeowner's association from penalizing members who
conserve water by watering their lawns less often during California's historic drought.
A homeowner's association may not impose a fine or assessment for reducing or
eliminating the watering of vegetation or lawns during any period for which the
Governor has declared a state of emergency or a local government has declared a
local emergency due to drought pursuant to subdivision (b) Section 8558 (three
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Landscape Maintenance Code Amendment
Planning Commission, July 9, 2015
Page 2
conditions or degrees of emergency) of the California Government Code
(Attachment No. PC 2).
• On April 1, 2015, Governor Brown signed an executive order directing the Board to
impose water use restrictions to achieve a statewide 25 percent reduction in urban
water use though February 2016. On April 28, 2015 the Board released a draft
regulation that went into effect on May 15, 2015. The City of Newport Beach will be
required to cut 28 percent of its residential usage through February 2016 compared
to the same months in 2013.
On May 12, 2015, in an effort to comply with these regulations, City Council approved a
Resolution of Intent declaring a Level Three water supply shortage in accordance with
Section 14.16.050 (Procedure for Declaration of Water Supply Shortage).
As established by Section 14.16.080 (Level Three Mandatory Water Conservation
Requirements, Attachment No. PC 4), a Level Three water supply shortage prohibits
potable watering of lawn, landscape, or other vegetated areas 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.
At the City Council Meeting establishing a Level Three water supply shortage, a
member of the public inquired if there is a City ordinance that requires homeowners to
keep their landscaping green. The minutes from this City Council Meeting are included
as Attachment No. PC 6. Section 20.36.050 (General Landscape Standards) and
Section 10.50.020 (Nuisance) of the Newport Beach Municipal Code were identified by
City staff as applicable sections that should be updated to reflect exceptions imposed
under Section 4735 of the State of California Civil Code. The City Council initiated this
Code Amendment on June 9, 2015.
DISCUSSION
The current landscape regulations detailed in Section 20.36.050 (General Landscape
Standards), require that landscaped areas be maintained in a "healthy and growing
condition". Considering the City declaring a Level 3 water supply shortage and its
accompanying water usage limitations, it is expected that lawn areas may not be
healthy or growing in the months (or years) to come. Furthermore, it is expected that
lawn, landscape, and other vegetated areas may not be maintained in a "healthy and
growing condition" should a Level Four action to reduce water consumption occur in the
future.
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Landscape Maintenance Code Amendment
Planning Commission, July 9, 2015
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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, it is recommended that the City amend Section 20.36.050 (General
Landscape Standards) of the Newport Beach Municipal Code to relax the healthy and
growing condition requirement for lawn maintenance during drought conditions.
Moreover, in the event that a Level Four Water Supply Shortage is declared in the
future, the amendment would relax the healthy and growing condition requirement for all
lawn, landscape, and vegetation areas. Under Section 14.16.090 (Level Four
Mandatory Water Conservation, Attachment No. PC 5), in the event of a Level Four
water supply shortage, potable watering of lawn, landscape, or other vegetated areas is
prohibited. Specific exceptions to this limitation apply, such as hand-held watering with
a bucket or hose nozzle, watering for fire protection, soil erosion, to maintain rare or
essential plants or animals, maintenance of certain public and private facilities,
environmental mitigation projects, and food crops.
Staff has suggested the following language to modify the existing general landscape
maintenance standards:
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 and turf
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.
The code amendment provides exceptions to the health and growing condition
requirement during a Level 3 and Level 4 water supply shortage. However, all
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Landscape Maintenance Code Amendment
Planning Commission, July 9, 2015
Page 4
landscaped areas must continue to be maintained 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.
Other Municipal Code Updates
Similarly, staff is recommending that the City Council also modify Chapter 10.50.020
(Nuisance) of the Municipal Code to reference the same watering exceptions to
landscape maintenance requirements.
Alternatives
The Commission could make changes to the Zoning Code Amendment prior to
forwarding to the Council for review and/or provide additional recommendations to
Council related to landscape maintenance.
Environmental Review
Staff recommends the Commission find the project is categorically exempt under
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.
Public Notice
Notice of this amendment 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.
Prepared by: Submitted by:
-- rn-ow
Mak a N *na ia , ICP, Deputy Director
Associate Planner
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Planning Commission, July 9, 2015
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ATTACHMENTS
PC 1 Draft Resolution
PC 2 California Civil Code Section 4735
PC 3 California Government Code Section 8558
PC 4 Section 14.16.080 (Level Three Mandatory Water Conservation Requirements)
PC 5 Section 14.16.090 (Level Four Mandatory Water Conservation Requirements)
PC 6 City Council Meeting Minutes from May 12, 2015
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Attachment No. PC 1
Draft Resolution
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RESOLUTION NO. ####
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH 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.
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Planning Commission Resolution No. ####
Page 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 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:
NOES:
ABSTAIN:
ABSENT:
BY:
Kory Kramer, Vice Chair
BY:
Jay Myers, Secretary
03-03-2015
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Planning Commission Resolution No. ####
Page 3 of 3
Exhibit A
Code Amendment CA2015-008 (PA2015-108)
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 and turf 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
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Attachment No. PC 2
California Civil Code Section 4735
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CIVIL CODE - CIV
DIVISION 4. GENERAL PROVISIONS [3274 - 9566] (Heading of Division 4 amended by
Stats. 1988, Ch. 160, Sec. 16.)
PART 5. Common Interest Developments [4000 - 61501 (Part 5 added by Stats. 2012, Ch.
180, Sec. 2. )
CHAPTER 5. Property Use and Maintenance [4700 -47901 (Chapter 5 added by Stats.
2012, Ch. 180, Sec. 2.)
ARTICLE 1.Protected Uses [4700-4750] (Article 1 added by Stats. 2012, Ch. 180, Sec. 2.)
4735. (a)Notwithstanding any other law, a provision of the governing documents or architectural or
landscaping guidelines or policies shall be void and unenforceable if it does any of the following:
(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants
as a group or as a replacement of existing turf.
(2) Has the effect of prohibiting or restricting compliance with either of the following:
(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section
65595 of the Government Code.
(B)Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the
Water Code.
(b) This section shall not prohibit an association from applying landscaping rules established in the
governing documents, to the extent the rules fully conform with subdivision (a).
(c)Notwithstanding any other provision of this part, an association, except an association that uses
recycled water, as defined in Section 13050 of the Water Code, for landscaping irrigation, shall not
impose a fine or assessment against an owner of a separate interest for reducing or eliminating the
watering of vegetation or lawns during any period for which either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought pursuant to subdivision (b) of
Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to drought pursuant to subdivision (c) of
Section 8558 of the Government Code.
(Amended by Stats. 2014, Ch. 434, Sec. 1.5. Effective September 18, 2014. Operative January 1, 2015,
pursuant to Stats. 2014, Ch. 434, Sec. 3)
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Attachment No. PC 3
California Government Code Section 8558
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Page I of 1
GOVERNMENT CODE - GOV
TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 229801 (Title 2
enacted by Stats. 1943, Ch. 134.)
DIVISION 1. GENERAL [8000 - 8899.241 (Division 1 enacted by Stats. 1943, Ch. 134.)
CHAPTER 7. California Emergency Services Act 18550 - 86681 (Chapter 7 added by
Stats. 1970, Ch. 1454. )
ARTICLE 2.General Definitions 18555-8561 (Article 2 added by Stats. 1970, Ch. 1454.)
1558. Three conditions or degrees of emergency are established by this chapter:
(a) "State of war emergency" means the condition which exists immediately,with or without a
proclamation thereof by the Governor, whenever this state or nation is attacked by an enemy of the
United States, or upon receipt by the state of a warning from the federal government indicating that such
an enemy attack is probable or imminent.
(b) "State of emergency" means the duly proclaimed existence of conditions of disaster or of extreme
peril to the safety of persons and property within the state caused by such conditions as air pollution,
fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation
or disease, the Governor's warning of an earthquake or volcanic prediction, or an earthquake, or other
conditions, other than conditions resulting from a labor controversy or conditions causing a"state of war
emergency," which, by reason of their magnitude, are or are likely to be beyond the control of the
services, personnel, equipment,and facilities of any single county, city and county, or city and require
the combined forces of a mutual aid region or regions to combat, or with respect to regulated energy
utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority
vested in the California Public Utilities Commission.
(c) "Local emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril
to the safety of persons and property within the territorial limits of a county, city and county, or city,
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe
energy shortage, plant or animal infestation or disease, the Governor's warning of an earthquake or
volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor
controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and
facilities of that political subdivision and require the combined forces of other political subdivisions to
combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires
extraordinary measures beyond the authority vested in the California Public Utilities Commission.
(Amended by Stats. 2007, Ch. 16, Sec. 2. Effective January 1, 2008.)
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Attachment No. PC 4
Section 14.16.080 (Level Three Mandatory
Water Conservation Requirements)
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14.16.080 Level Three Mandatory Water Conservation Requirements.
....... . . . ........ .......... ......... ........ ......... .........
On the tenth day after a resolution declaring the existence of a Level Three water supply shortage becomes
effective, the following mandatory water conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area between the
hours of 9:00 a.m. and 5:00 p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or
similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for
short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation system.
B. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area except on the
scheduled irrigation days established by City Council resolution. During a Level Three water supply shortage,
the schedule established by City Council resolution shall specify for each customer(a)two irrigation days per
week during the months of April, May,June, July, August, September, and October, and (b)one irrigation day
per week during the months of November, December, January, February, and March. Prior to the foregoing
restriction becoming effective, the City shall notify the customer of the scheduled irrigation days by mail, which
may be done by an indication on the customer's municipal services statement. This restriction does not apply to
the following unless the City has determined that recycled water is available and may be lawfully applied to the
use:
1. Maintenance of vegetation, including trees and shrubs, that is watered using a hand-held
bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off
nozzle or device, or a very low flow drip type irrigation system when no emitter produces more
than two gallons of water per hour.
2. Irrigation of food crops (including fruit trees and vegetable gardens); provided, that such
irrigation does not exceed three days per week on a schedule established and posted by the
City's Utilities Department.
3. Short periods of irrigation for the exclusive purpose of adjusting or repairing an irrigation
system.
C. No customer shall use more water during any billing period than the percentage of the base amount
established in the resolution declaring the Level Three water shortage,which percentage shall be in the range
from seventy-five (75) percent and sixty(60) percent of the base amount.
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D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions
in the user's plumbing or distribution system for more than twenty-four(24)hours after receiving notice from the
City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, except to the
extent needed to sustain aquatic life; provided, that such animals were being actively managed within the water
feature at the time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill a residential swimming pool or outdoor spa. (Ord. 2009-
24 § 1 (part), 2009)
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Attachment No. PC 5
Section 14.16.090 (Level Four Mandatory
Water Conservation Requirements)
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14.16.090 Level Four Mandatory Water Conservation Requirements.
........ ......... .........
On the tenth day after a resolution declaring the existence of a Level Four water supply shortage becomes
effective, the following mandatory water conservation requirements shall take effect.
A. No customer shall use potable water to irrigate any lawn, landscape or other vegetated area. This
restriction does not apply to the following categories of use unless the City has determined that recycled water
is available and may be lawfully applied to the use:
1. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held
bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-
off nozzle or device;
2. Maintenance of existing landscape to the extent necessary for fire protection;
3. Maintenance of existing landscape to the extent necessary for soil erosion control;
4. Maintenance of plant materials identified to be rare or essential to the well-being of rare
animals;
5. Maintenance of landscape within active public parks and playing fields, day care centers,
school grounds, cemeteries, and golf course greens; provided, that such irrigation does not
exceed two times per week on a schedule established by resolution of the City Council and
posted by the Utilities Director;
6. Public works projects and actively irrigated environmental mitigation projects;
7. Food crops(including fruit trees and vegetable gardens); provided, that such irrigation does
not exceed two times per week on a schedule established and posted by the City's Utilities
Department.
B. The City will not(a) provide new potable water service, new temporary meters, or new permanent meters,
or(b) issue statements of immediate ability to serve or to provide potable water service, except under the
following circumstances:
1. A valid, unexpired building permit has been issued for the project; or
2. The project is necessary to protect public health, safety, and welfare; or
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3. The applicant provides substantial evidence of an enforceable commitment that, ensures,to
the satisfaction of the Utilities Director, the water demands for the project will be offset prior to
the provision of a new water meter(s).
This restriction does not preclude the resetting or turn-on of meters to provide continuation of water service or
the restoration of service that has been interrupted for a period of one year or less.
C. No customer shall use more water during any billing period than the percentage of the base amount
established in the resolution declaring the Level Four water shortage,which percentage shall be less than sixty
(60) percent of the base amount.
D. No person shall permit excessive use, loss or escape of water through breaks, leaks or other malfunctions
in the user's plumbing or distribution system for more than twenty-four(24)hours after receiving notice from the
City.
E. No customer may use potable water to fill or refill an ornamental lake, pond, or fountain, except to the
extent needed to sustain aquatic life; provided, that such animals were being actively managed within the water
feature at the time of the City's declaration of the water supply shortage under this chapter.
F. No customer may use potable water to fill or refill a residential swimming pool or outdoor spa. (Ord. 2009-
24 § 1 (part),2009)
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Attachment No. PC 6
City Council Meeting Minutes from
May 12, 2015
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City of Newport Beach
Study Session and Regular Meeting
May 12, 2015
osher asked Council to consider adding a moratorium on new developments that ew
connec He pointed out that the proposed modifications have not been revie y anyone
other than s nd added that there are textual problems that staff want to correct
before adopting the nee.
Motion by Mayor Pro Tem Dixo econded hv ncil Member Peotter to introduce
amended Ordinance No. 2015-14, An Or of the City Council of the City of Newport
Beach, California,Amending Chapter of the ort Beach Municipal Code Pertaining to
Water Conservation and Suppl e Regulations,and p second reading on May 26, 2015.
The m=ouncilMember
e following roll call vote:
Ay Peotter, Council Member Petros, Council Member Cur i , ouncil
Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich
19. Resolution of Intent to Declare a Level Three Water Supply Shortage[100-2015)
Municipal Operations Co-Director Murdoch provided the staff report, commented on the
severity of the drought in the State, and discussed related legislation and recommendations.
He addressed key components of a Level Three Water Supply Shortage and criteria for offering
relief from compliance. He requested direction regarding whether residents using a specified
amounts of water should be excluded.
In response to Council Member Curry's question, Municipal Operations Co-Director Murdoch
noted that every customer who has experienced a change should fill out the "Relief from
Compliance"form.
Alan Smith, California Pool and Spa Association(CPSA), listed some ways that swimming pool
owners could save water. He noted the importance of considering enforcement when making
rules and regulations.
Randy Beard, Pure Water Pools, commented on challenges with enforcement.
Dr. Jack Skinner wondered whether there is an Ordinance against letting one's lawn go brown.
He commented positively on Mr. Murdoch's knowledge/efforts and stated that he does not see
any way around the need to conserve water and change the public's mindset.
In response to Council's questions, Municipal Operations Co-Director Murdoch addressed
notifying each customer before the City is able to enforce new regulations. He also discussed
the implementation plan.
Mgjtgn by Mayor Pro Tem Dixon. seconded by Council Member Muldoon, to a) adopt
Resolution No. 2015.34, A Resolution of the City Council of the City of Newport Beach Noticing
its Intention to Declare a Level Three Water Supply Shortage, and conduct a public hearing on
May 26, 2015, per Section 14.16 of the Newport Beach Municipal Code; and b) direct the City
Clerk to publish Resolution No. 2015.34 within fifteen (15) days of its adoption and at least ten
(10) days before the public hearing on May 26, 2015.
The motion carried by the following roll call vote:
Ayes: Council Member Peotter, Council Member Petros, Council Member Curry, Council
Member Duffield, Council Member Muldoon,Mayor Pro Tem Dixon,Mayor Selich
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