HomeMy WebLinkAbout102-Ordinance.pdfORDINANCE __________
An Ordinance amending Article 15-47 of the Saratoga Municipal Code
To adopt the State of California Model Water Efficient Landscape Ordinance
Findings
1. The City of Saratoga wishes to update and clarify the standards applicable to Water Efficient
Landscapes in the City. The Water Conservation in Landscaping Act of 2006 (Assembly Bill
1881, Laird) requires cities, counties, and charter cities and charter counties, to adopt landscape
water conservation ordinances. Pursuant to that law, the State of California developed a Model
Water Efficient Landscape Ordinance effective September 10, 2009. State law requires the City
to adopt this ordinance or one that is equally effective.
2. The Planning Commission of the City of Saratoga considered proposed amendments to the
City Code and following a duly noticed public hearing on March 24, 2010 recommended
adoption of the State Model Water Efficient Landscape Ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on May 5, 2010
and after considering all testimony and written materials provided in connection with that
hearing introduced and adopted this ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
Article 15-47 of the Saratoga City Code is hereby replaced in its entirety with the text shown
below:
15-47 Water Efficient Landscaping
15-47.010. Adoption of State of California Model Water Efficient Landscape Ordinance.
The State of California Model Water Efficient Landscape Ordinance effective September 10,
2009 as set forth in Title 23 of the California Code of Regulations , Division 2, Chapter 2.7
(commencing with section 490) is adopted and made a part hereof, the same as if fully set forth
in this Article, as the Water Efficient Landscape Ordinance of the City of Saratoga subject to the
following:
(a) All references to “local agency” are references to the City of Saratoga.
(b) All references to “landscape permit” are references to a landscape plan.
(c) All submittals to a “local water purveyor” shall be submitted to the water purveyor providing
water service to the site that is the subject of the submittal unless otherwise specified by
resolution of the City Council.
(d) The Community Development Director or the Director’s designee, in consultation with water
purveyors serving properties within the City of Saratoga shall develop guidelines for
administration of this ordinance including, lists of recommended trees and plants, types of
irrigation activity sensors suitable to the area, peak water demand water restrictions, and laws
applicable to recycled water use.
(e) Any violation of the ordinance adopted by this section shall be subject to enforcement in
accordance with the terms thereof and in addition to any other rights and remedies available to
the City under Chapter 3 of this Code by reason of the same violation.
Section 2. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section,
sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held
invalid, the City Council declares that it would have adopted the remaining provisions of this
ordinance irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has been
eliminated.
Section 3. California Environmental Quality Act.
These amendments to regulation of Water-Efficient Landscapes are categorically exempt from
the California Environmental Quality Act (CEQA) pursuant to the Guidelines for
Implementation of CEQA (14 Cal Code §15307). The Category 7 Exemption includes activities
that enhance or protect a natural resource and applies to regulatory actions taken to preserve
natural resources.
Section 4. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and first reading waived at the regular meeting of the
City Council of the City of Saratoga held on May 5, 2010, and was adopted by the following
vote following a second reading on May 19, 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED: ATTEST:
_________________________________ _____________________________
Kathleen King, Ann Sullivan,
MAYOR OF THE CITY OF SARATOGA CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
__________________________________
Richard Taylor, CITY ATTORNEY