O 633 ORDINANCE NO. 633
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE AMENDING PORTIONS OF TITLE 13 AND TITLE 16 OF THE
ARROYO GRANDE MUNICIPAL CODE RELATING TO THE
ESTABLISHMENT OF WATER EFFICIENT LANDSCAPE REQUIREMENTS
WHEREAS, the Water Conservation in Landscaping Act of 2006 (Government Code
Sections 65591 et seq.) requires cities to adopt landscape water conservation ordinances
by January 1, 2010; and
WHEREAS, in accordance with this law, the California Department of Water Resources
prepared a Model Water Efficient Landscape Ordinance ( MWELO); and
WHEREAS, all cities and counties had until January 1, 2010 to either adopt the State's
MWELO or their own local water efficient landscape ordinance; and
WHEREAS, the City took no action on adopting its own local water efficient landscape
ordinance by the deadline and therefore the State's MWELO went into effect as if it were
officially adopted; and
WHEREAS, a draft local ordinance has been prepared and provides requirements that are
as effective at achieving water savings as the MWELO, reduces the costs for new homes
compared to the State's requirements, and reduces the City's administrative costs
compared to the State's MWELO approach; and
WHEREAS, this Development Code Amendment would include a new Chapter 16.84,
Water Efficient Landscape Regulations, and amends portions of Title 13 and Title 16 to
refer to this new Chapter; and
WHEREAS, at its meeting on May 3, 2011, the Planning Commission considered the facts
and analysis, as presented in the staff report prepared for this project, conducted a public
hearing to obtain public testimony, and recommended that the City Council adopt the
proposed ordinance; and
WHEREAS, based on consideration of information received at its meeting of May 24,
2011, the City Council considered the facts and analysis as presented in the staff report
prepared for this project, and conducted a public hearing to obtain public testimony.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Arroyo Grande,
as follows:
SECTION 1: The Council finds that:
a. It is necessary to amend Title 16 of the Municipal Code in order to comply with the
Water Conservation in Landscaping Act of 2006 (Government Code Sections
65591 et seq.);
b. The proposed code amendment would meet the City's policy to promote the
conservation and efficient use of water and to prevent waste of this valuable
resource;
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PAGE 2
c. Consistent with Califomia Law, the purpose of this ordinance is to promote the
values and benefits of landscapes while recognizing the need to invest water and
other resources as efficiently as possible;
d. Consistent with California Law, the purpose of this ordinance is to establish a
structure for planning, designing, installing, maintaining, and managing water
efficient landscapes in new construction and rehabilitated projects.
e. The proposed ordinance is estimated to be at least as effective as the State's
Model Water Efficient Landscape and Irrigation Ordinance as a result of the turf
limitations and limitations on overhead spray irrigation for all projects including
single family residential.
SECTION 2aThe above recitals and findings are true and correct.
SECTION 3: Section 13.05.010 of Chapter 13.05 (Water Conservation) of the Arroyo
Grande Municipal Code is hereby amended, as follows:
13.05.010 - Water conservation measures established.
Mandatory water conservation measures are hereby established as set forth in
this Chapter. Please refer to Chapter 16.84, Water Efficient Landscape
Requirements, for rules and regulations regarding landscape and irrigation,
including limitations on the percentage of turf/lawn that can be placed in
landscape areas.
SECTION 4: Subsection 16.16.030.D.3(b)(ix) of Chapter 16.16 (Specific Plan Adoption
and Amendments) of the Arroyo Grande Municipal Code is hereby amended, as follows:
16.16.030.D.3(b)(ix)
Identification of any project phasing, if applicable. All major infrastructure,
including parks and landscaping adjacent to roadways or major elements of the
specific plan, shall be installed in the first phase of development. Please refer to
Chapter 16.84, Water Efficient Landscape Requirements, for rules and
regulations regarding landscape and irrigation, including limitations on the
percentage of turf/lawn that can be placed in landscape areas. All parks and
roadways required to service each phase shall be completed prior to occupancy.
The responsibility of the developer, the city, and any other agencies shall be
discussed in the phasing section of the document. Any and all agreements that
require city participation, developer contribution, or construction of facilities shall
be discussed.
SECTION 5: Subsections 16.32.050.B.4. and 16.32.050.B.5. of Chapter 16.32
(Residential Districts) of the Arroyo Grande Municipal Code are hereby amended, as
follows:
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PAGE 3
16.32.050.8.4
Developments of five or more dwelling units in the SF, MF, MFA and MFVH
districts shall be required to provide front and street side yard landscaping
consisting of predominantly drought resistant plant materials, except for
necessary walks, drives and fences. Please refer to Chapter 16.84, Water
Efficient Landscape Requirements, for rules and regulations regarding landscape
and irrigation, including limitations on the percentage of turf /lawn that can be
placed in landscape areas.
16.32 .050.B.5
In the MF, MFA and MHP districts, a minimum of thirty -five (35) percent of the site
area shall be landscaped, consisting of predominantly drought resistant plant
materials, and /or provided with an adequate underground irrigation system. Please
refer to Chapter 16.84, Water Efficient Landscape Requirements, for rules and
regulations regarding landscape and irrigation, including limitations on the
percentage of turf /lawn that can be placed in landscape areas. The required
landscaping shall include required setback areas and may include outdoor
recreation areas.
SECTION 6: Subsection 16.36.020.L.5. of Chapter 16.36 (Commercial and Mixed Use
Districts) of the Arroyo Grande Municipal Code is hereby amended, as follows:
16.36.020.L.5
In all mixed use or commercial districts, required front and street side building
setback areas shall be landscaped. The landscaping shall consist predominantly
of plant materials except for necessary walks and drives. A minimum
landscaped area five (5) feet in depth shall be provided between the property line
and the off- street parking area, with additional landscaped area between the
parking area and the building, unless otherwise approved by minor use permit.
Please refer to Chapter 16.84, Water Efficient Landscape Requirements, for
rules and regulations regarding landscape and irrigation, including limitations on
the percentage of turf /lawn that can be placed in landscape areas.
SECTION 7: Subsections 16.44.010.D.2(d) and 16.44.030.D.(f) of Chapter 16.44 (Special
Districts) of the Arroyo Grande Municipal Code, are hereby amended, as follows:
16.44.010.D.2(d)
Landscaping plans, in detail, excepting typical single - family lot residential areas
of ten thousand (10,000) square and over. The street tree planting requirements
of the city may be waived; provided, that the development plan or covenants
provide adequate altematives to the satisfaction of the planning commission and
city council. Please refer to Chapter 16.84, Water Efficient Landscape
Requirements, for rules and regulations regarding landscape and irrigation,
including limitations on the percentage of turf /lawn that can be placed in
landscape areas.
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16.44.030. D. (f)
A unifying landscape design which is clearly identified and included as part of the
specific plan is required and shall enhance the building design, enhance public
views and spaces and provide buffers and transitions. Landscaping shall provide
for solar access and for shade to facilitate energy conservation. Where
appropriate, landscape design features such as color accents, specimen tree
planting and decorative hardscape shall be provided to enhance roadway
intersections, driveway approaches, pedestrian walkways, and building entries.
A discussion of plant materials, minimum sizes, number of plants, placement and
anticipated landscape budget for the project is required. Please refer to Chapter
16.84, Water Efficient Landscape Requirements, for rules and regulations
regarding landscape and irrigation, including limitations on the percentage of
turf /lawn that can be placed in landscape areas.
SECTION 8: Section 16.56.130 of Chapter 16.56 (Parking and Loading Requirements) of
the Arroyo Grande Municipal Code is hereby amended, as follows:
16.56.130 — Landscaping for off - street parking facilities.
Off - street parking areas containing five or more parking spaces shall be subject
to the following landscaping requirements. Prior to the issuance of a building
permit, a landscape plan shall be submitted and approved by the director of
recreation and maintenance services. The plan shall show the location, size,
variety of plantings, water supply and similar designations. Please refer to
Chapter 16.84, Water Efficient Landscape Requirements, for rules and
regulations regarding landscape and irrigation, including limitations on the
percentage of turf/lawn that can be placed in landscape areas.
SECTION 9: Chapter 16.84 entitled 'Water Efficient Landscape Requirements" is hereby
added to Title 16 of the Arroyo Grande Municipal Code as set forth in Exhibit A, attached
hereto and incorporated herein.
SECTION 10: 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 11: 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
ORDINANCE NO. 633
PAGE 5
published again, and the City Clerk shall post a certified copy of the full text of such
adopted Ordinance.
SECTION 12: This Ordinance shall take effect thirty (30) days after its adoption.
On motion by Council Member Brown, seconded by Council Member Guthrie, and by the
following roll call vote, to wit:
AYES: Council Members Brown, Guthrie, Costello, Ray, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 14 day of June, 2011.
ORDINANCE NO. to 33
PAGE 6
TONY FE , MAYOR
ATTEST:
e
KELLY T A ' E, CITY CLERK
APPROVED AS TO CONTENT:
ST EN ADAMS, CITY MANAGER
APPROVED AS TO FORM:
9
/1/\&,-
TI bTHY J. IGIEL, CITY ATTORNEY
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PAGE 7
Exhibit A
Chapter 16.84
WATER EFFICIENT LANDSCAPE REQUIREMENTS
Sections:
16.84.010 Purpose
16.84.020 Definitions
16.84.030 Applicability
16.84.040 Turf Limitations for New Construction and Rehabilitated Landscapes
16.84.050 Landscape and Irrigation System Design Requirements
16.84.010 Purpose.
Consistent with Califomia State Law, it is the purpose of this Chapter to: (a) promote the
values and benefits of landscapes while recognizing the need to use water resources as
efficiently as possible; (b) establish a structure for planning, designing, installing,
maintaining, and managing water efficient landscapes in new construction and
rehabilitated projects.
16.84.020 Definitions.
A. Purpose and Intent.
The purpose of this section is to ensure precision in interpretation of this Chapter. The
meaning and construction of words and phrases defined in this Section applies throughout
this Chapter, except where the context of such words or phrases clearly indicates a
different meaning or construction.
B. Definitions.
"Certificate of completion" means the document required under Section 16.84.050.B.4.
"Landscape architect" means a person who holds a license to practice landscape
architecture in the State of California as described in the business and Professionals
Code, §5615.
"Landscaped area" means all the planting areas, turf areas, and water features in a
landscape design plan subject to the Maximum Applied Water Allowance calculation.
The landscape area does not include footprints of buildings or structures, sidewalks,
driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-
pervious hardscapes, and other non - irrigated areas designated for non - development
(e.g., open spaces and existing native vegetation).
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"Landscape contractor" means a person licensed by the state of California to construct,
maintain, repair, install, or subcontract the development of landscape systems.
"Landscape Documentation Package (LDP)" means the documents required under
Section 16.84.050.B.3.
"Landscape project" means total area of landscape in a project as defined in "landscape
area" for the purposes of this Chapter.
"Mulch" means any organic material such as leaves, bark and straw or inorganic mineral
materials such as rocks, gravel, and decomposed granite left loose and applied to the
soil surface for the beneficial purposes of reducing evaporation, regulating soil
temperature, decreasing erosion, preventing the freezing of roots, and suppressing
weeds. The decomposition of organic mulches also serves as soil amendments.
"Multi- family residential" means two or more attached residential units. Landscape
areas for multiple detached units on one parcel will be considered single family units for
the purposes of this Chapter.
"New construction" means, for the purposes of this Chapter, a new building with a
landscape or other new landscape, such as a park, playground or greenbelt without an
associated building.
"Permit" means an authorizing document issued by local agencies for new construction
or rehabilitated landscapes.
"Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
"Project applicant" means the individual or entity submitting a Landscape
Documentation Package required under Section 16.84.050.B3, to request a permit, plan
check, architectural review, or design review from the local agency. A project applicant
may be the property owner or his or her designee.
"Rehabilitated landscape" means ay re- landscaping project that requires a permit, plan
check, architectural review, or design review.
"Runoff' means water that is not absorbed by the soil or landscape to which it is applied
and flows from the landscape area. For example, runoff may result from water that is
applied at too great a rate (application rate exceeds infiltration rate) or when there is a
slope.
"Single family residential" means one home on one lot, or multiple detached units on
one lot (not attached).
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"Soil moisture sending device" or "soil moisture sensor" means a device that measures
the amount of water in the soil. The device may also suspend or initiate an irrigation
event.
"Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool- season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass,
and Buffalo grass are warm- season grasses.
"Valve" means a device used to control the flow of water in the irrigation system.
"Water conserving plant species" means a plant species identified as having a low plant
factor.
16.84.030 Applicability.
The requirements within this Chapter apply to new construction and rehabilitated
landscapes for commercial, industrial and residential projects that are subject to the
development review process and /or a building permit.
A. Development Review Process
In conjunction with the submittal of a project for development review (specific plan,
tentative tract map, tentative parcel map, planned unit development, conditional use
permit, architectural review, design review), conceptual landscape plans shall be
provided that demonstrate that the design of the landscaping complies with the
standards within this Chapter. These plans shall be reviewed by City staff during
the development review process.
B. Building Permit
In conjunction with the submittal of a project for building plan check, final landscape
and irrigation plans, in compliance with this Chapter, shall be submitted with the
project. After plan check review by the Community Development Department for
compliance with this Chapter, a building Permit may be issued. Fees consistent
with the fees established for building plan check will be applied for staff review of
the landscape and irrigation plan.
C. Certificate of Completion
Once the landscape and irrigation plans and necessary documentation has been
provided in substantial compliance with the Landscape Development Package
(LDP), a Certificate of Completion may be issued. A Certificate of Completion shall
be issued prior to the project receiving a Certificate of Occupancy by the Building
Division.
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D. Landscape and Irrigation Installation
For all projects, the landscape and irrigation shall be installed per the approved
plans prior to the issuance of a Certificate of Occupancy or "final" of the
building /project. For phased development projects, all landscape improvements,
including creek bank and setback area restoration and enhancement and trail
construction, shall be installed in the first phase of development.
E. Landscape Bond
For projects that have a landscape area of one (1) acre or greater and require a
LDP, a bond may be posted that would allow a building to be finaled and a
Certificate of Occupancy to be issued prior to the site landscape and irrigation
being completed. The bond shall be based on an estimate for labor and materials
to complete the landscape and irrigation project per the approved plans, plus an
additional 25- percent. The applicant shall fill out the Landscape Bond Security
Agreement along with the necessary bonding information, to the Community
development Department for review and approval to determine the specific bond
amount.
For projects that have a landscape area of less than one (1) acre, which does not
require the LDP, the Community Development Director or his or her designee may
approve a bond to be posted that would allow a building to be finaled and a
Certificate of Occupancy to be issued prior to the site landscape and irrigation
being completed.
16.84.040 Turf Limitations for New Construction and Rehabilitated Landscapes.
A. All new construction projects (residential, commercial, industrial) shall comply with
the following limitations:
1. Turf areas less than eight (8) feet in width in any direction are prohibited,
unless subsurface irrigation is used and maximum turf areas do not exceed
the percentages outlined in this Chapter.
2. Turf shall be prohibited within the public right -of -way, including parkways.
3. Development shall be graded to maximize the on -site distribution of runoff to
planted areas.
4. For non -turf areas, drip irrigation methods and low water use plants are
recommended.
5. Covenants, Conditions and Restrictions (CC &Rs) shall not require turf
landscaping nor have the effect of prohibiting low -water use landscaping and
shall include by reference and /or attachment a copy of Chapter 16.84.
B. Commercial and Industrial projects:
1. The area planted in turf grass and irrigated with spray irrigation shall be
limited to 10 percent of the development's landscaped area.
2. Exceptions: This section does not apply to Cemeteries, plant collections as
part of botanical gardens and arboretums open to the public, City parks, and
school sports fields.
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C. Single Family Residences:
1. Turf grass installed with spray irrigation in residential front yards shall be
limited to 25 percent of the landscaped area.
2. The common areas in residential subdivisions planted in turf (including
landscape and lighting district areas) shall be limited to 10 percent of the
landscaped area (excluding active play areas such as ball fields,
playgrounds, and picnic areas).
D. Model Homes:
1. Turf grass shall be prohibited in the front yards of model homes, and shall be
limited to 50 percent for the landscaped area in back and side yards.
2. Model homes shall be used to educate future home owners about water
efficient landscape and irrigation techniques. Education features for Model
homes shall include:
(a) The installation of interpretive landscape information signs that
describe the principles of water efficient landscapes including
features such as hydrozones, appropriate irrigation equipment and
other techniques that contribute to the overall water efficient irrigation
theme.
(b) Information shall be provided to new home owners that include
techniques on designing, installing, managing and maintaining water
efficient landscapes.
E. Multi- family Residential Projects:
1. Turf grass shall be limited to 20 percent of the total landscaped area. The
20 percent limitation shall be exclusive of areas designed as active play
surfaces (e.g. ball fields, playgrounds, picnic areas).
F. Rehabilitated Landscapes:
1. Rehabilitated landscapes shall comply with the turf limitations outlined in
Sections A -E above, as appropriate to the property type.
16.84.050 Landscape and Irrigation System Design and Information Requirements.
A. All project landscaping and irrigation plans /designs shall comply with the following
standards:
1. Rain sensors, either integral or auxiliary, that suspend irrigation during and
after rainfall events, shall be required on all irrigation control systems.
2. Prohibit turf on slopes greater than 20 percent where the toe of the slope is
adjacent to an impermeable hardscape (where 20 percent means one foot
of vertical elevation change for every five feet of horizontal length rise
divided by run times one hundred).
3. Water features shall use recirculating water systems.
4. Prohibit overhead spray irrigation within 24 inches of non - permeable
surfaces such as, but not limited to, concrete sidewalks and driveways.
Subsurface irrigation may be used as long as other requirements of this
Chapter are met. Allowable irrigation within the setback from non-
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PAGE 12
permeable surfaces may include drip, drip line, or other low -flow non -spray
type of systems. The setback area may be planted or non - planted. The
surfacing of the setback may be mulch, gravel, cobles, or other porous
material. These restrictions may be modified if the landscape area is
adjacent to permeable surfacing, and no runoff occurs or the adjacent non -
permeable surface drains entirely to landscaped areas.
5. Irrigation systems shall be designed and constructed to achieve a minimum
efficiency of 71 percent.
6. Apply minimum two inch (2 ") layer of mulch on all exposed soil surface of
planting areas.
7. The architectural guidelines and Covenants, Conditions, and Restrictions of
common interest developments shall not have the effect of prohibiting the
use of low -water use plants or requiring turf grass in landscaped areas.
B. Projects that have a landscape area equal to or greater than one acre shall submit
the following information: •
Note that the landscape area for new residential subdivisions will be calculated on
an individual lot basis as each lot develops, not for the total of landscape areas
prior to subdivision. Therefore, a residential subdivision generally will not require
an LDP for individual lot landscaping. However, if there are common areas, or
areas within a Landscape and Lighting District that have landscape areas of one
acre or greater, there will be a requirement for an LDP for those areas to be
completed prior to the recordation of the final map.
1. All of the items identified in Section A above.
2. Weather -based irrigation controllers, soil moisture -based controllers, or other
self- adjusting irrigation controllers shall be required for irrigation scheduling.
3. The following documents and plans shall be submitted prior to the issuance
of a building Permit for the associated project (refer to the Landscape &
Irrigation Design Guide for specific forms and criteria):
• Project Information
• Water Efficient Landscape Worksheet
• Soil Management Report
• Landscape Design Plan
• Irrigation Design Plan
• Grading Design Plan
4. The following documents and plans shall be completed and the landscape
and irrigation project shall be installed prior to the issuance of a Certificate of
Occupancy for the associated project (refer to the Landscape & Irrigation
Design Guide for specific forms and criteria):
• Irrigation Scheduling
• Landscape and Irrigation Maintenance Schedule
• Irrigation Audit, Irrigation Survey and Irrigation Water Use Analysis
• Irrigation Efficiency
• Stormwater Management
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San
Luis Obispo, State of California, do hereby certify under penalty of perjury, that
the attached is a true, full, and correct copy of Ordinance No. 633 which was
introduced at a regular meeting of the City Council on May 24, 2011; was passed
and adopted at a regular meeting of the City Council of the City of Arroyo Grande
on the 14 day of June 2011; and was duly published in accordance with State
law (G.C. 40806).
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15
day of June 2011.
KELLY ET, ORE, CITY CLERK