HomeMy WebLinkAbout2015-26 - Approving Code Amendment No. CA2015-007 and Amending Section 20.36.050 (General Landscape Standards) of the Newport Beach Municipal Code (PA2015-108)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)
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:
Ordinance No. 2015-26
Page 2 of 3
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 invalid or
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.
Ordinance No. 2015-26
Page 3 of 3
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.
This Ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach held on the 11 t" day of August, 2015, and adopted on the 8t" day
of September, 2015, by the following vote, to -wit:
AYES, COUNCILMEMBERS Peotter, Petros, Curry
Duffield, Muldoon, Dixon, Mayor Selich
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS None
EDWARD D. SELICH, MAYOR
ATTEST:
0j, hml"--
LEILANI40I. BR WN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
a4VVA�__ q
AARON C. HARP, CITY ATTORNEY 0 t l
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2015-26 was duly and regularly introduced on the 11th day of August, 2015, and adopted by the City
Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of
September, 2015, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this gth day of September, 2015.
GVW p� r
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2015-26 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: August 15, 2015
Adopted Ordinance: September 12, 2015
2015. In witness whereof, I have hereunto subscribed my name this 62�} �i day of *- —
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City Clerk
City of Newport Beach, California PO4T1
(Seal)
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