0 ORDINANCE NO. 0-2022-004
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 15.48 OF THE CITY OF PISMO
BEACH MUNICIPAL CODE TO SUSPEND IRRIGATED TURF ALLOWANCES
UNDER THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE
WHEREAS, on June 1, 2021, the City Council declared a Moderately Restricted Water Supply Condition via Resolution R-2021-049; and
WHEREAS, on November 16, 2021, the City Council was provided an update on the City's water supply and committed to evaluate updates on the City's water supply; and WHEREAS, on January 18, 2022, the City Council declared a Severely Restricted Water Supply Condition via Resolution R-2022-004; and
WHEREAS, on May 3, 2022, the City Council was provided an update on the Northern Cities Management Area Annual Report, the continuing drought, and the City's water supply conditions; and
WHEREAS, the City Council directed staff to return on May 17, 2022, to declare a Critical Water Supply Condition with appropriate water use restrictions; and WHEREAS, Section 15.48.010 of the City's Municipal Code regulates compliance with the State Model Water Efficient Landscape Ordinance; and WHEREAS, the Model Water Efficient Landscape Ordinance allows the installation of irrigated turf in compliance with specific design criteria; and WHEREAS, the City Council finds that irrigated turf accounts for a component of the City's water consumption that is not desirable during this Critical Water Supply Condition; and WHEREAS, the City Council desires to prohibit the installation of new irrigated turf to further protect the City's Critical Water Supply Condition; and WHEREAS, the City Council finds that an urgency ordinance is needed to immediately protect the health, safety and welfare of the City's residents, businesses and visitors by preserving the community's available water supply; and
WHEREAS, the City Council acknowledges advancements in artificial turf and supports its installation in place of irrigated turf.
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NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
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The foregoing recitals are adopted as findings of fact in support of this ordinance.
SECTION 2.
Subsection C. of Section 15.48.010 Model Water Efficient Landscaping Standards And Requirements of the Pismo Beach Municipal Code is hereby added, to read as follows:
C. Notwithstanding anything to the contrary in the MWELO or the regulations outlined in this Chapter, new irrigated turf areas shall be prohibited for all development beginning May 18, 2022, and continuing until this Subsection is repealed based on local drought conditions. During this prohibition, artificial turf installed that allows appropriate water infiltration based on the site's soil conditions is permitted to account for any landscape required to be installed pursuant to the Pismo Beach Municipal Code.
SECTION 3.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.
SECTION 4.
This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.
SECTION 5.
This ordinance shall become effective immediately upon passage and adoption hereof, as it is an urgency ordinance intended to immediately protect the public welfare, health, and safety.
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SECTION 6.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
ADOPTED at a regular meeting of the City Council held this 17t" day of May, 2022, on motion of Council Member Guthrie, seconded by Council Member Blake, and on the following roll call vote, to wit:
AYES: 5 Guthrie, Blake, Newton, Reiss, Waage
NOES: 0
ABSENT: 0
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
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Ed Waage, Mayo �.ri a Inder 'e ity Clerk
APPROVED AS TO FORM:
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Dav ishman, City Attorney ��� 019po
CERTIFICATION OF ORDINANCE POSTING j V , �4 =
Government Code §40806 I---0•.--
STATE OF CALIFORNIA } �Qss.
COUNTY OF SAN LUIS OBISPO 9 R�25,1g
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I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in with California Government Code Section 40806 that the foregoing document is a true and correct copy of Ordinance No. 0-2021-004, titled AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 15.48 OF THE CITY OF PISMO BEACH
MUNICIPAL CODE TO SUSPEND IRRIGATED TURF ALLOWANCES UNDER THE CITY'S WATER EFFICIENT LANDSCAPING ORDINANCE, and that I caused the same to be duly posted in three public places within the City within fifteen (15) days of adoption thereof, pursuant to the requirements of California Government Code Section 36933.
Dated this 19th day of May, 2022. Witness my hand and official seal. n i ty Crerk
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