HomeMy WebLinkAboutPC Reso No 2009-59Page 1 of 4
RESOLUTION NO. 2009-59
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 19.08 AND
ADDING CHAPTER 19.08 REGARDING WATER EFFICIENT
LANDSCAPING
WHEREAS, the Water Efficiency in Landscaping Act (Cal. Gov. Code section
65591 et seq.) requires all cities and counties to adopt water efficient landscaping
ordinances that meet or exceed the State's model ordinance; and
WHEREAS, pursuant to California Government Code section 65595(b), the
California Department of Water Resources has updated and circulated a revised model
water efficient landscaping ordinance that provides improved methodologies for
reducing water use in landscaping; and
WHEREAS, California Government Code section 65596(c) further requires that,
on or before January 1, 2010, local agencies adopt either: (1) the updated model water
efficient landscape ordinance prepared by the Department of Water Resources or (2) a
water efficient landscape ordinance that is, based on evidence in the record, at least as
effective in conserving water as the updated model ordinance adopted by the
Department of Water Resources; and
WHEREAS, the City desires to repeal its existing Water Efficient Landscape
Ordinance codified in Chapter 19.08 and to adopt the updated model water efficient
landscape ordinance, as amended from time to time, in its place; and
WHEREAS, based on evidence presented by the Community Development
Department and other interested parties at a duly noticed public hearing on November
17, 2009, the Planning Commission recommended that the City Council of the City of
Lake Elsinore adopt this Ordinance; and
WHEREAS, at a duly noticed public hearing, held on November 17, 2009, the
Planning Commission heard evidence presented by the Community Development
Department and other interested parties regarding the proposed Ordinance.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER
AS FOLLOWS:
SECTION 1. That Chapter 19.08 be repealed in its entirety.
SECTION 2. That a heading and table of contents for Chapter 19.08 be added
as follows:
PLANNING COMMISSION RESOLUTION NO. 2009-59 Page 2 of4
Chapter 19.08
WATER EFFICIENT LANDSCAPING
Sections:
19.08.010 Model Water Efficient Landscape Ordinance—Adopted.
SECTION 3. That Section 19.08.010 of the Lake Elsinore Municipal Code be
added as follows:
19.08.010 Model Water Efficient Landscape Ordinance — Adopted.
The State of California's Model Water Efficient Landscape Ordinance, codified in
the California Code of Regulations, Title 23, sections 490 et seq., as amended from
time to time, is hereby recommended by the Planning Commission for adoption by the
City Council. A copy of the Model Water Efficient Landscape Ordinance is on file in the
office of the City Clerk and the office of the Community Development Department for
use and examination by the public.
SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or
the application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this Ordinance and are hereby declared
to be severable.
SECTION 5. The Planning Commission has evaluated all comments, written and
oral, received from persons who have reviewed the Negative Declaration.
SECTION 6. The Planning Commission has found that the Negative Declaration
for the Proposed Amendment is adequate and has been completed in compliance with
CEQA, the State CEQA Guidelines, and the City's procedures for implementation of
CEQA. The Planning Commission has reviewed and considered the information
contained in the Negative Declaration and finds that the Negative Declaration
represents the independent judgment of the City.
SECTION 7. The Planning Commission further finds and determines that none
of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation
of the Negative Declaration are present and that it would be appropriate for the City
Council of the City of Lake Elsinore to adopt the Negative Declaration as proposed.
SECTION 8. The Planning Commission recommends that the City Council make
the following findings regarding the lack of potential environmental impacts of the
Proposed Amendment and the analysis and conclusions set forth in the Negative
Declaration:
1. Revisions in the Project plans or proposals made by or agreed to by the
applicant before a Negative Declaration and Initial Study are released for public review
PLANNING COMMISSION RESOLUTION NO. 2009-59 Page 3 of 4
would avoid the effects or mitigate the effects to a point where clearly no significant
effects would occur.
Based upon the Inifia/ Study conducted for the Proposed Amendmenf, there is no
substantia/ evidence suggesting that the Proposed Amendment may have a signi�cant
effect on the environment.
2. There is no substantial evidence, in the light of the whole record before
the agency, that the Project as revised may have a significant effect on the
environment.
Pursuant to fhe evidence received, and in the light of fhe who/e record presented,
the Proposed Amendment will nof have a significant effect on fhe environment.
SECTION 9. This Resolution shall take effect from and after the date of its
passage and adoption.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning
Commission of the City of Lake Elsinore, California, on�#risr7th �y of November 2009.
Flores, Chairman
Lake Elsinore
ATTEST:
��Wt �
Tom Weiner
ACTING DIRECTOR OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION RESOLUTION NO. 2009-59 Page4of4
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE SS
CITY OF LAKE ELSINORE
I, TOM WEINER, Acting Director of Community Development of the City of Lake
Elsinore, California, hereby certify that the Resolution No. 2009-59 was passed at a
regular meeting of the City Council of the City of Lake Elsinore held on the 17th day of
November by the following roll call vote:
AYES: CHAIRMAN JIMMY FLORES, VICE-CHAIRMAN JOHN GOZALES,
COMMISSIONER PHIL MENDOZA, COMMISSIONER
MICHAEL O'NEAL, COMMISSIONER AXEL ZANELLI
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�
Tom einer
Acting Director of Community