HomeMy WebLinkAbout07 CODE AMENDMENT 2015-004 (ORDINANCE NO. 1465), WATER EFFICIENT LANDSCAPE ORDINANCE ` ti 0 Agenda Item 7
Reviewed:
AGENDA REPORT City Manager
,p Finance Director N/A
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MEETING DATE: DECEMBER 1, 2015
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR
SUBJECT: CODE AMENDMENT 2015-004 (ORDINANCE NO. 1465), WATER
EFFICIENT LANDSCAPE ORDINANCE
SUMMARY:
. The project is a proposed amendment to the Tustin City Code that would provide new
standards for water efficient landscapes in conformance with Governor Brown's Executive
Order.
In 1992, the State of California enacted the Water Conservation in Landscaping Act,
(AB 325) requiring the adoption of water efficient landscape ordinances by cities and
counties throughout the state. To meet this requirement, the City of Tustin adopted
Ordinance No. 1099 on December 7, 1992.
Since 1992, the State of California has adopted Assembly Bills (AB) 2717 and 1881 to
further regulate and achieve greater landscape water use efficiency. On December 1 ,
2009, the City Council adopted Ordinance No. 1376 to comply with AB 1881. In 2015,
Governor Brown issued Executive Order B-29-15, which requires additional water use
efficiency as a result of the ongoing severe drought conditions in California.
RECOMMENDATION:
That the City Council:
1) Introduce and have first reading of Ordinance No. 1465, approving Code
Amendment (CA) 2015-004 by amending Chapter 7 of Article 9 of the Tustin City
Code (TCC) to provide new standards for water efficient landscapes, and set a
second reading for the next City Council meeting; and
2) Adopt Resolution No. 15-86, approving the 2015 Guidelines for Implementation
of the City of Tustin Water Efficient Landscape Ordinance.
•.r
City Council Report
December 1,2015
CA 2015-004
Page 2
FISCAL IMPACT:
CA 2015-004 is a City-initiated project. There is no direct fiscal impact to the General
Fund.
CORRELATION TO THE STRATEGIC PLAN:
The proposed project furthers objectives of the following Strategic Plan goal:
• Goal D: Strong Community and Regional Relationships — The proposed Code
Amendment is the result of a collaborative effort with other Orange County
agencies and organizations on the issue of water efficient landscapes and the
drought, which are issues of mutual interest and concern.
BACKGROUND AND DISCUSSION:
In 1992, the State of California enacted the Water Conservation in Landscaping Act,
(AB 325) requiring the adoption of water efficient landscape ordinances by cities and
counties throughout the state. To assist local agencies, the California Department of
Water Resources (DWR) developed a Model Water Efficient Landscape Ordinance that
established water efficient landscape design standards for urban landscapes. This
Model Ordinance served as a template for local agencies to utilize in the development
of their own local water efficient landscape ordinance. Cities could adopt the DWR
model ordinance outright, modify it to meet a city's local needs, or adopt an entirely
different ordinance. To meet this requirement, the City of Tustin adopted Ordinance No.
1099 on December 7, 1992.
In 2004, the California Legislature passed Assembly Bill 2717 establishing a
stakeholder-based Landscape Taskforce charged with formulating recommendations to
improve irrigation efficiency in new and existing landscapes and to report their findings
to the Governor and Legislature by December 31, 2005. The report, 'Water Smart
Landscapes for California: AB 2717 Landscape Task Force Findings,
Recommendations, & Actions," contained 43 recommendations to achieve greater
landscape water use efficiency.
In 2006, Governor Schwarzenegger signed AB 1881 , amending the Water Conservation
in Landscaping Act. AB 1881 added two new requirements: 1) the DWR was to update
the Model Water Efficient Landscape Ordinance; and 2) each city and county was to
comply with the final State ordinance or update its Landscape Ordinance by January 1,
2010 so that it was "at least as effective as" the State's updated Model Ordinance.
Because of the new "at least as effective as" clause, meeting the requirements of AB
1881 resulted in significant changes to most landscape ordinances in Orange County.
In 2009, a stakeholder group was formed under the leadership of the Municipal Water
District of Orange County (MWDOC) and the Orange County Division of the League of
California Cities. The stakeholder group included representatives from the County of
City Council Report
December 1, 2015
CA 2015-004
Page 3
Orange, cities, local water agencies, Building Industry Association (BIA), Orange
County Fire Authority, irrigation consultants, landscape architects, and other green
industry professionals. The goal of the stakeholder group was to develop a locally-
crafted Orange County Model Water Efficient Landscape Ordinance (OC Model) that
would meet the "at least as effective as" requirement of state law, minimize the
complexity and cost of compliance, and provide consistency between local jurisdictions.
Stakeholder meetings and technical writing sessions took place between June and
September of 2009. These sessions produced an abbreviated OC Model and
Guidelines for a city's consideration in pursuing the adoption of its local ordinance. This
foundational work streamlined ordinance adoption and resulted in costs savings to cities
for ordinance development and legal review. On December 1, 2009, the City Council
adopted Ordinance No. 1376, which was based on the OC Model.
To address the ongoing severe drought conditions in California, Governor Brown issued
Executive Order B-29-15 on April 1, 2015, which required the DWR to update the State
Model Water Efficient Landscape Ordinance and requires cities and counties to update
local landscape ordinances so that they are "at least as effective as" DWR's updated
Model Ordinance by February 1, 2016, if adopting a model regional ordinance, or by
December 1, 2015, if not adopting a model regional ordinance.
In response to the new 2015 landscape water efficiency requirements, a stakeholder
group similar to the one formed in 2009 was formed under the leadership of the
MWDOC and the Association of California Cities — Orange County. The stakeholder
group developed an updated Orange County Model Water Efficient Landscape
Ordinance (a model regional ordinance) and Guidelines that comply with the new
requirements.
ANALYSIS:
Code Amendment 2015-04 proposes several significant changes to Chapter 7 of Article
9 of the Tustin City Code to comply with the Governor's April 1, 2015, Executive Order.
These changes are based on the Orange County Model Ordinance and are summarized
as follows:
• Square Footage thresholds that trigger compliance with the Water Efficient
Landscape Ordinance have been reduced. The size of landscapes subject to the
Ordinance has been lowered from 2500 sq. ft. to 500 sq. ft. The size threshold
applies to residential, commercial, industrial and institutional projects that require
a permit, plan check or design review.
• The Evapotranspiration Table is expanded from three locations in Orange County
to one location for each city.
• To reduce the complexity and costs for smaller landscape projects that will now
be subject to the Water Efficient Landscape Ordinance, there is a prescriptive
compliance approach for landscapes between 500 and 2500 square feet.
City Council Report
December 1,2015
CA 2015-004
Page 4
Landscapes within this size range can comply either through meeting the
traditional approach or through the prescriptive approach described in Appendix
A of the Guidelines.
• There is a prohibition on new turf/grass and other high water use plants in street
medians.
• The definitions section has been clarified and expanded to include new terms
and concepts.
• A Simplified Water Efficient Landscape Worksheet is used to calculate the
Estimated Total Water Use and Maximum Applied Water Allowance.
• Increased water savings for new construction through:
o More efficient irrigation systems
o Limiting the turf/grass area
o On-site stormwater capture '
o Use of graywater
• Annual implementation and compliance reporting to the DWR is required.
Executive Order B-29-15 requires that local agencies adopting a regional
ordinance report on the implementation and enforcement of their ordinance
adoption by March 1, 2016. Annual reporting is then due by January 31st of each
year thereafter.
Currently, the City's existing water efficient landscape standards are applicable only to
landscape areas that are 2,500 square feet or larger for new and rehabilitated
landscape projects, except that the existing threshold for new landscape projects by
individual homeowners on residential lots is 5,000 square feet, and there is no water
efficiency requirement for rehabilitated landscape projects by individual homeowners.
The proposed changes, which are mandated by the State, will require new landscape
projects as small as 500 square feet and landscape rehabilitation projects as small as
2,500 square feet to comply with the revised water efficiency requirements. For
example, single family homeowners who rehabilitate 2,500 square feet or more of their
existing landscaping and are required to submit plans for a building or landscape permit
will be required to provide landscape certifications with their plans, demonstrating that
their proposed landscape rehabilitation projects meet the City's updated water efficiency
requirements. Projects that have new landscape area between 500 to 2,500 square
feet can comply either through meeting the water calculation approach or through the
prescriptive approach. The prescriptive approach includes, but is not limited to, the
following:
• Incorporation of compost to a depth of 6 inches of the landscape area
• Use of climate adapted plants
• Providing a minimum of 3 inches of mulch
City Council Report
December 1, 2015
CA 2015-004
Page 5
• Turf area to not exceed 25 percent of landscape area
• Installation of automatic irrigation controller with evapotranspiration or soil
moisture sensor data.
Pursuant to State law, the City may establish and administer penalties to the project
applicant for non-compliance with the Ordinance to the extent permitted by law.
Although the DWR was not expressly authorized by statute to administer its own
penalties on local agencies, applicants, or property owners who are not in compliance,
the State Water Resources Control Board may consider some level of enforcement
responsibility for the new provisions if the required annual reporting indicates a lack of
full compliance with the Ordinance.
CHAMBER OF COMMERCE AND CITY ATTORNEY REVIEW:
A copy of the staff report and proposed CA 2015-004 was forwarded to the Chamber of
Commerce and City Attorney prior to the City Council's hearing on the matter. The City
Attorney has reviewed and approved Draft Ordinance No. 1465 as to content and form.
GENERAL PLAN CONFORMITY
The proposed amendment is consistent with the Tustin General Plan in that it complies
with the following goal and policy:
Goal 4: Protect water quality and conserve water supply.
Policy 5.3: Conserve imported water by requiring water conservation techniques,
water conserving appliances, and drought-resistant landscaping.
ENVIRONMENTAL:
The proposed CA 2015-001 is exempt from environmental review under the California
Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000
et seq.), because pursuant to State CEQA Regulation 15307 (14 Cal. Code Regs., §
15307), this Ordinance is covered by the CEQA Categorical Exemption for actions
taken to assure the maintenance, restoration, enhancement, or protection of a natural
resource where the regulatory process involves procedures for protection of the
environment. The adoption of this Ordinance will result in the enhancement and
protection of water resources in the City, and will not result in cumulative adverse
environment impacts. It is therefore exempt from the provisions of CEQA.
CONCLUSION:
Proposed CA 2015-004 would provide new standards for water efficient landscapes in
accordance with State law and Executive Order B-29-15. Accordingly, staff recommends
that the City Council approve CA 2015-004.
City Council Report
December 1, 2015
CA 2015-004
Page 6
Scott Reekstin ' abeth A. Binsack
Principal Planner Director of Community Development
Attachments:
A. Draft Ordinance No. 1465 (Code Amendment 2015-004)
B. City Council Resolution No. 15-86 and Exhibit A — Draft Guidelines
C. Existing Tustin City Code Sections 9701-9706