MEMORANDUM TO: FROM: BY: CITY COUNCIL TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR KELLY HEFFERNON, ASSOCIATE PLANNER SUBJECT: CONSIDERATION OF ADOPTION OF AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE DATE: JANUARY 12, 2016 RECOMMENDATION: It is recommended the City Council adopt an Ordinance amending Chapter 16.84 of the Arroyo Grande Municipal Code and adopting by reference the Model Water Efficient Landscape Ordinance of the State of California as contained in the California Code of Regulations, Title 23, Waters, Division 2.7, Model Water Efficient Landscape Ordinance, Sections 490 et. seq. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No fiscal impact is identified at this time. There will be additional staff time necessary to review water efficient landscape plans and materials to determine compliance with State regulations, create a tracking and reporting system, prepare reports and transmit annual reports to the State. The costs related to these additional activities are unknown. This item addresses the City s Critical Needs Action Plan measure to implement recommendations to address the City s water needs through a combination of conservation measures, potential recycling efforts and additional water supply sources that may become available. BACKGROUND: In 2006, the State Legislature adopted the Water Conservation in Landscaping Act (Assembly Bill 1881), requiring the Department of Water Resources (DWR) to update the State Model Water Efficient Landscape Ordinance (MWELO). The updated model Ordinance contained several new landscape and irrigation design requirements aimed at reducing water consumption and waste in landscape irrigation. All local land use Item 10.b. - Page 1
CITY COUNCIL CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE JANUARY 12, 2016 PAGE 2 agencies were required to adopt the model Ordinance, or develop an ordinance that is at least as effective. On June 14, 2011, the City adopted a Water Efficient Landscape Ordinance that was determined to be as effective in achieving water conservation goals as the State s model, but was simpler to comprehend and implement, making it less onerous on property owners and developers and less expensive to implement (reduce costs for new homes and reduce the City s administrative costs as compared to the State s requirements). The Ordinance was incorporated into a new Chapter 16.84 of Title 16 of the City s Municipal Code. In April 2015, the Governor of California issued an executive order directing the DWR to update the State s Model Water Efficient Ordinance (CA MWELO) in order to address the current four (4) year drought and build resiliency for future droughts. In June 2015, the DWR invited comment on the new draft and held several public meetings. The draft, meeting notices, and additional information can be found at: http://www.water.ca.gov/wateruseefficiency/docs/2015/eo_b_29_15_mwelo_update_ 06_12_15%28VL%29_Public_Draft.pdf. The DWR adopted the proposed CA MWELO in July 2015 and on September 15, 2015 the California Secretary of State ordered the regulations to be incorporated into Division 2, Title 23, California Code of Regulations to amend Chapter 2.7 Model Water Efficient Landscape Ordinance, Sections 490 through 495. Attachment 1 shows the regulations as submitted by the State for publication. On November 3, 2015, the Planning Commission considered this item and recommended that the City Council adopt the CA MWELO, including the following greywater plumbing requirements for new residential and mixed-use development: All new dwellings shall include either a separate multiple pipe outlet or a diverter valve, and an outside stub-out installation on clothes washing machine hook-ups, allowing separate discharge of greywater for direct irrigation. All new dwellings shall include a building drain(s) for bathroom sinks, showers and bathtubs, segregated from drains for all other plumbing fixtures, and connected a minimum of three (3) feet from the limits of the foundation, to allow for future installation of a distributed greywater system. All greywater systems shall be designed and operated according to the provisions of the California Plumbing Code. Item 10.b. - Page 2
CITY COUNCIL CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE JANUARY 12, 2016 PAGE 3 On December 8, 2015, the City Council introduced an Ordinance adopting by reference the CA MWELO, excluding greywater plumbing requirements for new residential and mixed-use development (see Attachment 2 for a redlined copy of the Ordinance). The primary reasons for excluding greywater requirements were as follows: The City would be the only jurisdiction within San Luis Obispo County to require greywater plumbing and therefore requirements between jurisdictions would be inconsistent, which could be difficult and confusing for developers and property owners; and The State could modify the CA MWELO to include greywater requirements in the future which could require the City to amend its Municipal Code in order to comply. ANALYSIS OF ISSUES: State law requires all land-use agencies to adopt a water-efficient landscape Ordinance that is at least as effective in conserving water as the CA MWELO prepared by DWR. DWR s model Ordinance takes effect in those cities and counties that fail to adopt their own. Because it is anticipated that future amendments will be made to the CA MWELO, adopting the State s MWELO, by reference, allows these amendments to occur without requiring amendments to the City s Municipal Code. This also allows the City to follow the State standards without having to add the CA MWELO in its entirety to the City s Municipal Code. The CA MWELO includes several provisions for new landscaping, including requirements for: Landscape documentation submittals Greywater Systems Water efficient landscape worksheet submittals Stormwater and Rainwater Retention Soil Management Water Waste Prevention Landscape and Irrigation Design Public Education Plans Irrigation scheduling and efficiency Annual Reporting Recycled Water In general, the CA MWELO requires specific water efficiency and will make it difficult to install and maintain turf in new developments that are dependent on potable water. Use of recycled water is exempt from these limitations. The revisions to the CA MWELO reduce the size threshold of landscape projects subject to the water efficiency requirements from 2,500 square feet of landscaping to 500 square feet of landscaping Item 10.b. - Page 3
CITY COUNCIL CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE JANUARY 12, 2016 PAGE 4 for commercial, residential, industrial and institutional projects that require a permit, plan check or design review. The size threshold for existing landscapes that are rehabilitated has not changed, remaining at 2,500 square feet. Only rehabilitated landscapes that are associated with a building permit, plan check or design review are subject to the CA MWELO. Specifically, the most significant revisions made to the CA MWELO include more efficient irrigation systems, including requirements for: 1. Dedicated landscape water meters for residential landscapes over 5,000 square feet, and non-residential landscapes over 1,000 square feet. 2. Irrigation systems to have pressure regulators and master shut-off valves. 3. All irrigation emission devices to meet the national standard stated in the CA MWELO to ensure that only high efficiency sprinklers are installed. 4. Flow sensors that detect and report high flow conditions due to broken pipes and/or popped sprinkler heads for landscape areas greater than 5,000 square feet. 5. Ten-foot (10 ) minimum width (changed from 8 feet) for areas that can use spray irrigation. Areas less than ten feet (10 ) wide must be irrigated with subsurface drip or other technology that produces no overspray or runoff. The CA MWELO revisions also include incentives for greywater usage, improvements for on-site stormwater capture, and limiting the portion of landscapes that can be planted with high water use plants. Currently, the City allows for certain types of greywater and rainwater reuse systems. It is anticipated that mandates for these water reuse systems for new construction will not occur until after being further vetted through the statewide building code update process. Land-use agencies will also be required to report on Ordinance adoption and enforcement each year, beginning December 31, 2015. During the City Council meeting on December 8, 2015 the question came up regarding reporting requirements under the State s MWELO. The City Attorney s Office has reviewed this issue and concluded that under the State regulations the City s ability to vary from the State Model Ordinance is only related to having a local ordinance that is at least as effective in conserving water as the updated model Ordinance adopted by the department... (emphasis added) and doesn t extend to the reporting requirements. In addition, the Governors Executive Order B-29-15, which required the Department of Water Resources to update the MWELO, also requires local agencies to report on Item 10.b. - Page 4
CITY COUNCIL CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE JANUARY 12, 2016 PAGE 5 implementation and enforcement of local ordinances. In this regard, the Department of Water Resources has also developed a Water Efficient Landscape Ordinance Reporting Form for use by local agencies for the initial and annual reports (a copy is included as Attachment 2 for reference). Accordingly, it does not appear that the City can revise or exempt itself from the State s requirements regarding reporting. ALTERNATIVES: The following alternatives are presented for the Council s consideration: Adopt the Ordinance as proposed; Do not adopt the Ordinance and direct staff to develop an alternative Ordinance that is at least as effective as the CA MWELO for future introduction and adoption; or Provide other direction to staff. ADVANTAGES: Adopting the Ordinance would have the following advantages: 1. Reduces municipal water usage for the City; 2. Brings the City into conformance with CA MWELO requirements; and 3. Allows the City to follow the State standards without having to add the CA MWELO in its entirety to the City s Municipal Code. DISADVANTAGES: 1. The CA MWELO includes new reporting by cities to the State. City staff time will be required to create a system of tracking and reporting, prepare reports and transmit the annual reports to the State. 2. The size of landscapes subject to the Ordinance has been lowered from 2,500 square feet to 500 square feet for projects requiring a permit, plan check or design review. Therefore, a greater number of applicants will be subject to the new regulations, which will add costs to the overall project (e.g. separate irrigation meters, pressure regulators, master shut-off valves, high efficiency sprinklers, flow sensors, onsite stormwater capture). ENVIRONMENTAL REVIEW: This Ordinance has been determined to be exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15307 of the State CEQA Guidelines for actions by regulatory agencies for protection of natural resources. The MWELO addresses the protection of statewide water resources by requiring certain landscaping projects to analyze their water budget. There is no evidence that the proposed project may have a potentially significant effect on the environment. As such, the project qualifies for exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Item 10.b. - Page 5
CITY COUNCIL CONSIDERATION OF ADOPTING AN ORDINANCE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS AND ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA; DEVELOPMENT CODE AMENDMENT CASE NO. 15-002; LOCATION CITYWIDE; APPLICANT CITY OF ARROYO GRANDE JANUARY 12, 2016 PAGE 6 PUBLIC NOTIFICATION AND COMMENTS: A summary of the Ordinance was published in the Tribune on December 16, 2015. A Notice of Public Hearing was published in The Tribune on December 22, 2015 and December 29, 2015 pursuant to Government Code Sections 50022.3 and 6066. The agenda was posted in front of City Hall on Thursday, January 7, 2016 and the agenda and staff report were posted in City Hall and on the City s website on Friday, January 8, 2016. Attachments: 1. State s Model Water Efficient Landscape Ordinance (CA MWELO) 2. Redlined copy of the Ordinance 3. State Water Efficient Landscape Ordinance Reporting Form Item 10.b. - Page 6
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE ADOPTING BY REFERENCE THE MODEL WATER EFFICIENT LANDSCAPE ORDINANCE OF THE STATE OF CALIFORNIA AS CONTAINED IN THE CALIFORNIA CODE OF REGULATIONS TITLE 23 WATERS, DIVISION 2, DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7, MODEL WATER EFFICIENT LANDSCAPE ORDINANCE, SECTIONS 490 ET. SEQ. WHEREAS, on January 17, 2014, the Governor of the State of California declared a state of emergency due to record dry conditions and concerns over the State s dwindling water supplies, and on April 25, 2014, the Governor declared a continued state of emergency due to the persistent drought conditions and the need for additional expedited actions; and WHEREAS, on April 1, 2015, Governor Brown issued Executive Order B-29-15, which ordered the State Water Resources Control Board to impose significant new water use restrictions, including directing that the Department of Water Resources revise the existing Model Efficient Landscape Ordinance contained in California Code of Regulations Title 23, Division 2, Chapter 2.7, Sections 490 et. seq. through expedited regulations; and WHEREAS, on July 15, 2015 the new Model Efficient Landscape Ordinance was adopted by the California Water Commission, and State law requires that all land-use agencies adopt a water-efficient landscape ordinance that is at least as efficient as the Model Ordinance prepared by the Department of Water Resources; and WHEREAS, Government Code Section 50022.1 et seq. provides that ordinances and codes of the Federal, State or any agency of either of them, may be adopted by reference, provided that prior to such adoption by reference a noticed public hearing has been held; and WHEREAS, at its meeting of January 12, 2016 the City Council of the City of Arroyo Grande conducted a duly noticed public hearing on the matter of adopting the State s Model Water Efficient Landscape Ordinance by amending Chapter 16.84 of the Arroyo Grande Municipal Code. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Arroyo Grande as follows: SECTION 1. Chapter 16.84 of the Arroyo Grande Municipal Code is hereby repealed and amended in its entirety to read as follows: Item 10.b. - Page 7
ORDINANCE NO. PAGE 2 Chapter 16.84 WATER EFFICIENT LANDSCAPE REQUIREMENTS 16.84.010 Adoption of the Model Water Efficient Landscape Ordinance The Model Water Efficient Landscape Ordinance of the State of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Sections 490 et. seq. is hereby adopted by reference as the water efficient landscape ordinance of the City of Arroyo Grande, as the same may be amended from time to time, as if set out in full in this Chapter. A copy of the Model Water Efficient Landscape Ordinance of the State of California shall be maintained in the City of Arroyo Grande Community Development Department office and shall be made available for public inspection while this ordinance is in force. Local agency in the Model Water Efficient Landscape Ordinance shall mean the City of Arroyo Grande. SECTION 2. This Ordinance has been determined to be exempt from the California Environmental Quality Act (CEQA) in accordance with Section 15307 of the State CEQA Guidelines for actions by regulatory agencies for protection of natural resources. The Model Water Efficient Landscape Ordinance addresses the protection of statewide water resources by requiring certain landscaping projects to analyze their water budget. There is no evidence that the proposed project may have a potentially significant effect on the environment. As such, the project qualifies for exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. SECTION 3. If any section, subsection, subdivision, paragraph, sentence, or clause of this Ordinance or any part thereof is for any reason held to be unlawful, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, or clause thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, or clause be declared unconstitutional. SECTION 4. A summary of this Ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five (5) days prior to the City Council meeting at which the proposed Ordinance is to be adopted. A certified copy of the full text of the proposed Ordinance shall be posted in the office of the City Clerk. Within fifteen (15) days after adoption of the Ordinance, the summary with the names of those City Council Members voting for and against the Ordinance shall be published again, and the City Clerk shall post a certified copy of the full text of such adopted Ordinance. SECTION 5. This Ordinance shall take effect thirty (30) days after its adoption. Item 10.b. - Page 8
ORDINANCE NO. PAGE 3 On motion by Council Member, seconded by Council Member, and by the following roll call vote to wit: AYES: NOES: ABSENT: the foregoing Ordinance was adopted this day of, 2016. Item 10.b. - Page 9
ORDINANCE NO. PAGE 4 JIM HILL, MAYOR ATTEST: KELLY WETMORE, CITY CLERK APPROVED AS TO CONTENT: DIANNE THOMPSON, CITY MANAGER APPROVED AS TO FORM: HEATHER WHITHAM, CITY ATTORNEY Item 10.b. - Page 10
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