CC 2016-01-12_10b Adoption of Water Efficient Landscape Ordinance
MEMORANDUM
TO: CITY COUNCIL
FROM: TERESA McCLISH, COMMUNITY DEVELOPMENT DIRECTOR
BY: 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 CH APTER 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 CH APTER 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
Plans
Public Education
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 CH APTER 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 CH APTER 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 fo r
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 CH APTER 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
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