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RES-10413 Amending Orange City Landscape Standards & SpecificationsRESOLUTION NO. 10413 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CITY OF ORANGE LANDSCAPE STANDARDS AND SPECIFICATIONS. WHEREAS, the State legislature has found that the waters of the State are of limited supply and subject to ever increasing demands; and WHEREAS, the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; and WHEREAS, it is the policy of the State to promote the conservation and efficient use of water to prevent the waste of this valuable resource; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, Article X, Section 2 of the California Constitution specifies that "waste or unreasonable use...of water be prevented" and that "the right to water...is.. limited to such as shall be reasonably required for the beneficial use to be served" and "such right does not and shall not extend to the waste or unreasonable use of water"; and WHEREAS, Orange County has established a large reclaimed water infrastructure system; and WHEREAS, allocation-based and tiered water rate structures allow public agencies to document water use in landscapes; and WHEREAS, incentive-based water use efficiency programs have been actively implemented within Orange County since before 1991; and WHEREAS, current local design practices in new landscapes typically achieve the State Model Water Efficient Landscape Ordinance water use goals; and WHEREAS, all water services within the City are metered; and WHEREAS, Orange County is a leader in researching and promoting the use of smart automatic irrigation controllers with morethan 4,500 installations as of June 2009; and WHEREAS, all new irrigation controllers sold after 2012 within Orange County will be smart controllers; and WHEREAS, landscape plan submittal and review has been a long standing practice in the City; and WHEREAS, the average rainfall in Orange County is approximately 12 inches per WHEREAS, the City, as the local water purveyor, has already enacted water waste prohibitions for all existing metered landscaped areas within its jurisdiction; and WHEREAS, consistent with these findings, the purpose of the City's Water Efficient Landscape Section of the City's Landscape Standards and Specifications is to establish an alternative to the State Model Water Efficient Landscape Ordinance that is acceptable under AB 1881 as being at least as effective as the State Model in the context of conditions in the City in order to: Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources efficiently. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitation projects. ~-.Establish provisions for water management practices and water waste prevention for existing landscapes.Use water efficiently by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount.Encourage the use of economic incentives to promote the efficient use of water,such as implementing abudget-based tiered rate structure. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange, on the basis of the facts set forth in the agenda report presented to it and any testimony received at the meeting at which this matter was considered, as follows: 1. That the City Council finds and determines that the foregoing recitals are true and correct. 2. That the existing City of Orange Landscape Standards and Specifications are hereby repealed in their entirety and replaced by City of Orange Landscape Standards and Specifications, attached hereto as Exhibit A, which modifies the existing regulations and adds a new Section IX, entitled "Water Efficient Landscapes," and Sub Section IX.1, "Guidelines for Implementation." 3. That this amendment to the Landscape Standards and Specifications is exempt from review under the California Environmental Quality Act (CEQA) (California Public Resources Code Section 21000 et sec ..), because pursuant to State CEQA Regulation 15307 (14 Cal. Code Reg. § 15307), this amendment is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, 2 enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this amendment will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. It is therefore exempt from the provisions of CEQA. The City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this Resolution revising the Landscape Standards and Specifications. ADOPTED this 8`" day of December, 2009. lyn V~C~vec~ie, Mayor, City of Orange ATTEST: Mary E ,City Clerk, City nge I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the St" day of December, 2009, by the following vote: AYES: COUNCILMEMBERS: Smith, Murphy, Cavecche, Dumitru, Bilodeau NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Mary E y City Clerk, City range 3