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CC 2023-11-28 9.g. ConsiderationofAdoptionofanOrdinanceAmendingTitle16oftheArroyoGrandeMunicipalCodeRegardingRestrictionsonIrrigatedTurfandFindItem 9.g. MEMORANDUM TO: City Council FROM: Brian Pedrotti, Community Development Director BY: Andrew Perez, Planning Manager SUBJECT: Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act DATE: November 28, 2023 SUMMARY OF ACTION: Adopting the Ordinance will amend the regulation applicable to the installation and maintenance of irrigated turf. IMPACT ON FINANCIAL AND PERSONNEL RESOURCES: No financial impact is projected. RECOMMENDATION: 1) Adopt the Ordinance amending Section 16.84 of the Arroyo Grande Municipal Code; and 2) Find that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15060(c)(2), (3), 15378, and in the alternative, State CEQA Guidelines Section 15061(b)(3) . BACKGROUND: The City currently relies on the State’s Model Water Efficient Landscape Ordinance (MWELO) to regulate water used for outdoor irrigation. In 2016, Section 16.84 of the Arroyo Grande Municipal Code (AGMC) was updated to adopt the State’s MWELO, by reference. The MWELO furthers water conservation efforts by promoting the use of drought tolerant landscaping over water intensive species and provisions for efficient use of water for the purposes of landscaping. The ordinance amendments propose to restrict the installation and maintenance of irrigated turf to bolster local water conservation efforts. Specifically, irrigated turf would be prohibited on all new non-residential and mixed-use projects. The ordinance also requires removal of all existing irrigated turf when 50% or more of the floor area of a Item 9.g. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act November 28, 2023 Page 2 property consisting of all non-residential uses is remodeled. For new residential development, the ordinance prohibits front yard irrigated turf installations and limits backyard turf installations to the lesser of 25% of the backyard area or 500 square feet. These limitations would not affect sports fields or irrigated turf at parks regularly uses for human recreational purposes or for civic or community events. The Planning Commission reviewed the draft Ordinance at its meeting on October 17, 2023. The Commission was supportive of the Ordinance as proposed and recommended that Council adopt the Ordinance as drafted. At the introduction and public hearing on November 14, 2023, in response to prior Council direction and reiterated during the public hearing, there have been minor modifications to the Ordinance that require new turf requirements as part of substantial residential remodels, as specified in the ordinance, when 50% or more of the floor area is remodeled. These substantial residential remodels will require the removal of existing front yard turf and the reduction of backyard turf to the lesser of 500 square feet or 25% of the backyard area , with some allowances for front yard turf when backyard turf is evaluated by Community Development to be infeasible. ANALYSIS OF ISSUES: The Ordinance amendments are now ready for adoption. The Ordinance amendments will become effective thirty (30) days after adoption. ALTERNATIVES: The following alternatives are provided for the Council’s consideration: 1. Adopt the Ordinance, with amendments, as proposed; or 2. Modify the Ordinance amendments and direct staff to return at a future public hearing to introduce the modified amendments; or 3. Provide other direction to staff. ADVANTAGES: Ordinance amendments that further restrict or prohibit the use of irrigated turf will bolster the City’s effort to conserve water. DISADVANTAGES: Residents will need to convert to alternate forms of landscaping, which some residents may prefer less than turf. ENVIRONMENTAL REVIEW: The Ordinance is exempt from the California Environmental Quality Act ("CEQA") because the Ordinance does not qualify as a “project” under CEQA and will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in Item 9.g. City Council Consideration of Adoption of an Ordinance Amending Title 16 of the Arroyo Grande Municipal Code Regarding Restrictions on Irrigated Turf and Finding This Action Exempt from the California Environmental Quality Act November 28, 2023 Page 3 either a direct physical change, or reasonably foreseeab le indirect physical change, in the environment. Here, the Ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. In the alternative, the Ordinance is exempt under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” PUBLIC NOTIFICATION AND COMMENTS: The Agenda was posted at City Hall and on the City’s website in accordance with Government Code Section 54954.2. Attachments: 1. Proposed Ordinance ATTACHMENT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AMENDING CHAPTER 16.84 OF THE ARROYO GRANDE MUNICIPAL CODE REGARDING RESTRICTIONS ON IRRIGATED TURF AND FINDING THE ORDINANCE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, 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) to reduce water consumption and waste in landscape irrigation ; and WHEREAS, on June 14, 2011, the City adopted a Water Efficient Landscape Ordinance deemed to be as effective as the State MWELO Ordinance; and WHEREAS, the MWELO Ordinance was incorporated into the Arroyo Grande Municipal Code (AGMC) as Chapter 16.84; and WHEREAS, in 2016, AGMC Chapter 16.84 was updated to incorporate the changes to the State’s MWELO, by reference; and WHEREAS, this ordinance amends Chapter 16.84, by adding restrictions on the installation and maintenance on irrigated turf to further the City’s water conservation efforts; and WHEREAS, on October 17, 2023, the Planning Commission conducted a duly noticed public hearing to consider the staff report, recommendations by staff, and public testimony concerning the ordinance. Following the public hearing, the Planning Commission voted to forward the ordinance to the City Council with a recommendation in favor of its adoption; and WHEREAS, on November 14, 2023, the City Council introduced the ordinance and conducted a duly noticed public hearing to consider the ordinance and its changes to Chapter 16.84 of Title 16 of the Arroyo Grande Municipal Code, including: (1) the public testimony and agenda reports prepared in connection with the ordinance; (2) the policy considerations discussed therein; and (3) the consideration and recommendation of the Planning Commission; and WHEREAS, all legal prerequisites to the adoption of the ordinance have occurred. ORDINANCE NO. PAGE 2 -2- NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOES ORDAIN AS FOLLOWS: SECTION 1. Incorporation. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Environmental. The City Council finds that this ordinance is exempt from the California Environmental Quality Act ("CEQA") because the ordinance does not qualify as a “project” under CEQA and because the ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment. (State CEQA Guidelines section 15060, subd. (c)(2), (3).) Section 15378 of the State CEQA Guidelines defines a project as the whole of an action, which could potentially result in either a direct physical change, or reasonably foreseeable indirect physical change, in the environment. Here, the ordinance will not result in any construction or development, and it will not have any other effect that would physically change the environment. The ordinance therefore does not qualify as a project subject to CEQA. In the alternative, even if the Ordinance did qualify as a “project” under CEQA, it would be exempt from CEQA under State CEQA Guidelines section 15061(b)(3), which exempts projects from CEQA “[w]here it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the en vironment.” Thus, even if the ordinance could result in some physical change in the environment, the ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Finally, the Ordinance is adopted with the intent to protect natural resources and the environment, specifically the City’s water resources. This Ordinance will regulate and restrict the installation of irrigated turf for nonresidential, residential, and m ixed uses. Accordingly, this Ordinance is categorically exempt under either State CEQA Guidelines section 15307 or 15308. SECTION 3. Required Findings. In accordance with section 16.16.040(E) of the AGMC, the City Council hereby makes the following find ings: 1. General Plan. The ordinance’s amendments to the AGMC are consistent with the general plan and necessary and desirable to implement the provisions thereof. Specifically, conservation and open space element objective C/OS6 encourage water conservation to support urban development potential . This ordinance effectuates and implements objective C/OS6 by limiting irrigated turf which has very high water needs to be maintained in good condition. For this reason, the ordinance’s amendments to the AGMC are consistent with the general plan and necessary and desirable to implement the provisions thereof. 2. Effect on Public. The ordinance’s amendments to the AGMC will not adversely affect the public health safety, and welfare or result in an illogi cal land use ORDINANCE NO. PAGE 3 -3- pattern because these updates to the development code will help ensure an adequate supply of water for Arroyo Grande residents. 3. Purpose and Intent. The revision to this title is consistent with the purpose and intent of the title since it implements the objectives of the General Plan, protects the vitality and orderly development of the Arroyo Grande community by limiting intensive water uses, and ensures an orderly planning with respect to the community’s water resources. 4. Environmental Impacts. The proposed amendments will promote positive environmental impacts through water conservation. Irrigated turf is associated with higher levels of water use and these code amendments will restrict or prohibit the use of such turf. SECTION 4. Code Amendment. The City Council hereby approves the addition of the following Section 16.84.020 in full, amending Arroyo Grande Municipal Code Chapter 16.84, Water Efficient Landscape Requirements as follows: 16.84.020 Irrigated Turf Prohibition A. Nonresidential and Mixed Uses 1. New nonresidential and mixed-use projects shall be prohibited from installing and maintaining irrigated turf on the property. 2. Proposed remodels or additions constituting fifty percent (50%) or more of the floor area of a property consisting of nonresidential or mixed -uses at the time when a building permit is issued for the remodel shall be required to remove all existing irrigated turf and replace that area with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping. Calculating the area of a remodel shall be done in accordance with the California Building Code. B. Residential Uses 1. New projects consisting of solely residential uses shall be prohibited from installing and maintaining irrigated turf in the front yard of the property. For purposes of this section, the front yard is defined as the portion of the lot between the structure and the front property line. 2. Turf installations in the rear yard of residential properties is limited to either, whichever is less: a. 500 square feet, or b. Twenty-five percent (25%) of the total rear yard area. c. For purposes of this section, the rear yard is defined as the portion of the lot between the structure and the rear property line. 3. Proposed remodels or additions constituting fifty percent (50%) or more of the floor area of a property consisting of solely residential uses at the time when a ORDINANCE NO. PAGE 4 -4- building permit is issued for the residential remodel shall meet the following requirements: a. . Removal of all turf in the front yard and a reduction of the amount of turf in the rear yard to 25% of the total yard area. The areas in which turf is required to be removed shall be replaced with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping. Calculating the area of a remodel shall be done in accordance with the California Building Code. b. Where installation of turf in the rear yard is infeasible due to lack of available area, solar access, or the presence of existing structures, as determined by the Director of Community Development, irrigated turf may be alternatively installed and maintained in the front yard at no more than twenty-five percent (25%) of the total yard area. SECTION 6. Publication. A summary of this ordinance shall be published in a newspaper published and circulated in the City of Arroyo Grande at least five 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 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 7. Effective Date. This ordinance shall become effective 30 days after adoption. SECTION 8. Severability. Should any provision of this ordinance, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this ordinance or the application of this ordinance to any other person or circumstance, and, to that end, the provisions hereof are severable. The City Council declares that it would have adopted all the provisions of this ordinance that remain valid if any provisions of this ordinance are declared invalid. SECTION 9. Records. The documents and materials associated with this ordinance that constitute the record of proceedings on which the City Council’s findings and determinations are based are located at 300 E. Branch Street, Arroyo Grande, CA 93420. The City Clerk is the custodian of the record of proceedings. ORDINANCE NO. PAGE 5 -5- 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 _______, 2023. ORDINANCE NO. PAGE 6 -6- ___________________________________ CAREN RAY RUSSOM, MAYOR ATTEST: ___________________________________ JESSICA MATSON, CITY CLERK APPROVED AS TO CONTENT: ___________________________________ BILL ROBESON, INTERIM CITY MANAGER APPROVED AS TO FORM: ___________________________________ ISAAC ROSEN, CITY ATTORNEY