HomeMy WebLinkAbout2014-06-24 - AGENDA REPORTS - STATE LEGISLATION AB 2104 (6)CONSENT CALENDAR
DATE:
SUBJECT:
DEPARTMENT:
CITY OF SANTA CLARIT,
AGENDA REPORT
City Manager Approval:
Item to be presented by:
June 24, 2014
Agenda Item: 7
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City Manager's Office
RECOMMENDED ACTION
City Council adopt the recommendation of the City Council Legislative Subcommittee to support
Assembly Bill 2104 (Gonzalez) and transmit letters of support to Assembly Member Gonzalez,
Santa Clarita's state legislative delegation, Governor Brown, and the League of California Cities.
BACKGROUND
The City Council, at its meeting on May 13, 2014, in response to a citizen inquiry, directed staff
to look at pending State Legislation related to water conservation, synthetic turf and drought
tolerant landscaping by homeowners in Common Interest Developments (CID), also commonly
known as homeowners associations. Staff have identified AB 2104 as a bill that is consistent
with the request of the Council. While AB 2104 does not provide a provision for homeowners
who are interested in installing synthetic turf, the bill does provide clarification to existing law
related to the installation of low-water use plants by homeowners who are part of a CID, by
stating that the replacement of water -intensive landscaping with low water -using plants by
homeowners is to be permitted.
Assembly Bill 2104 was introduced by Assembly Member Lorena Gonzalez (D -San Diego) on
February 20, 2014. Existing law provides that any provision of the governing documents of a
CID is void and unenforceable if it prohibits or has the effect of prohibiting the use of
low -water -using plants as a group, or if it prohibits compliance with a public water -efficient
landscape ordinance or water use regulation. The bill provides clarification to existing law by
making it clear that a provision of the governing documents or of the architectural or landscaping
guidelines or policies of a CID shall be void and unenforceable if it prohibits, or includes
conditions that have the effect of prohibiting, low water -using plants as a group or as a
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replacement of existing turf, or if the provision has the effect of prohibiting or restricting
compliance with a local water -efficient landscape ordinance or water conservation measure.
By providing clarification to existing law, AB 2104 will remedy actions taken by some CIDs in
the State of California that have circumvented state law by adopting informal policies outside of
their governing documents, limiting the ability of homeowners to install drought -tolerant
landscaping on their properties.
AB 2104 passed in the California State Assembly on April 4, 2014, and is anticipated to reach
the California Senate floor for a vote by the end of June.
The City Council Legislative Subcommittee met on June 16, 2014, and recommends that the City
Council adopt a position of support for AB 2104.
ALTERNATIVE ACTIONS
1. Adopt an "Oppose" position on AB 2104
2. Take no position on AB 2104
3. Refer AB 2104 back to the Legislative Subcommittee
4. Other direction as determined by the City Council
FISCAL IMPACT
No additional resources, beyond those contained within the adopted FY 13/14 City budget, are
required for implementation of the recommended action.
ATTACHMENTS
AB 2104, As Amended April 1, 2014
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AMENDED IN ASSEMBLY APRIL 1, 2014
CALIFORNIA LEGISLATURE -2013-14 REGULAR SESSION
ASSEMBLY BILL No. 2104
Introduced by Assembly Member Gonzalez
February 20, 2014
An act to amend Section 4735 of the Civil Code, relating to common
interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 2104, as amended, Gonzalez. Common interest developments:
water -efficient landscapes.
Existing law requires a local agency to adopt a specified updated
model ordinance regarding water -efficient landscapes or a
water -efficient landscape ordinance that is at least as effective in
conserving water as the updated model ordinance. Existing law allows
certain water providers to take specified actions regarding water
conservation.
The Davis -Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. That act
provides that a provision of any of the common interest development
governing documents, as defined, inelude including the declaration and
any other documents, such as bylaws and operating rules, that govern
the operation of a common interest development, is void and
unenforceable if it prohibits, or includes conditions that have the effect
of prohibiting, the use of low water -using plants as a group, or if it has
the effect of prohibiting or restricting compliance with a local
water -efficient landscape ordinance or water conservation measure, as
described above.
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AB 2104
—2—
This bill would provide
previsienr that a provision of the governing documents inelude or of
the architectural or landscaping Quidelines or policies and deeisiens by
provided.existing ttwf*ifh low water using plants, as shall be void and
unenforceable if it prohibits, or includes conditions that have the effect
of prohibiting, low water -using plants as a group or as a replacement
of existing turf, or if the provision has the effect of prohibiting or
restricting compliance with a local water -efficient landscape ordinance
or water conservation measure.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows
1 SECTION 1. Section 4735 of the Civil Code is amended to
2 read:
3 4735. (a) Notwithstanding any other law, a provision of the
4 governing documents, ineluding, but nat limited to, or architectural
5 or landscaping guidelines or policies and deeisions by the board
6 of direetars applieable to a speeifte h6meawneL. shall be void and
7 unenforceable if it does any of the following:
8 (1) Prohibits, or includes conditions that have the effect of
9 prohibiting, the use of low water -using plants as a-greap. group
10 or as a replacement of existing turf.
11 (2) Has the effect of prohibiting or restricting compliance with
12 either of the following:
13 (A) A water -efficient landscape ordinance adopted or in effect
14 pursuant to subdivision (c) of Section 65595 of the Government
15 Code.
16 (B) Any regulation or restriction on the use of water adopted
17 pursuant to Section 353 or 375 of the Water Code.
18 (3) Prohibits, or ineludes eonditions that have the effe
19 prohibiting, die replaeentent of existing turf with low water
20 plants
e
-3— AB 2104
1 (b) This section shall not prohibit an association from applying
2 landscaping rules established in the governing documents, to the
3 extent the rules fully conform with subdivision (a).
C
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