HomeMy WebLinkAboutR-10628 Alternative Landscape Plants during Drought EmergencyRESOLUTION NO. 10628 (2015 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, DEFERRING OR REQUIRING ALTERNATIVE
LANDSCAPE PLANTING DURING THE DECLARED DROUGHT
EMERGENCY
WHEREAS, on January 17, 2014, Governor Edmund G. Brown issued the governor's
Proclamation No. 1 -17 -2014 declaring a State of Emergency to exist in California due to severe
drought conditions; and
WHEREAS, on April 26, 2014, the Governor issued an executive order to strengthen the
state's ability to manage water and habitat effectively in drought conditions and called on all
Californians to redouble their efforts to conserve water; and
WHEREAS, Water Code section 1058.5 grants the State Water Resources Control Board
the authority to adopt emergency regulations in certain drought years in order to: "prevent the
waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of
water, to promote water recycling or water conservation, to require curtailment of diversions
when water is not available under the diverter's priority of right, or in furtherance of any of the
foregoing, to require reporting of diversion or use or the preparation of monitoring reports "; and
WHEREAS, on July 15, 2014 the State Water Resources Control Board adopted
California Code of Regulations, title 23, sections 863, 864 and 865 (the "Emergency
Regulations "), which requires, among other things, that urban water suppliers implement all
requirements and actions of the stage of its water shortage contingency plan that imposes
mandatory restrictions on outdoor irrigation of ornamental landscapes or turf with potable water;
WHEREAS, on March 17, 2015 the State Water Resources Control Board expanded and
extended the Emergency Regulations in response to the continuing drought conditions; and
WHEREAS, on April 1, 2015 the Governor issued an Executive Order B -29 -15 which
requires increased enforcement against water waste and mandates a 25% reduction in water use
statewide; and
WHEREAS, on May 5, 2015 in response to Executive Order B- 29 -15, the State Water
Resources Control Board adopted regulations adding additional prohibitions and mandating that
the City reduce its water use by 12 percent as compared to 2013; and
WHEREAS, Executive Order B -29 -15 and the State Water Resources Control Board
emergency regulations will remain in effect until February 28, 2016 unless extended due to
continuing drought conditions; and
WHEREAS, as an urban water supplier, as that term is defined in Water Code Section
10617, the City of San Luis Obispo ( "City ") is subject to California Code of Regulations, title
23, section 865; and
R 10628
Resolution No. 10628 (2015 Series)
Page 2
WHEREAS, the City's water supply is composed of surface water stored in the Whale
Rock, Salinas, and Nacimiento reservoirs which are located outside of the City's limits but
within the County of San Luis Obispo. Water from these reservoirs is shared among different
public agencies and other beneficial uses; and
WHEREAS, like the rest of California, the County of San Luis Obispo is facing an
unprecedented drought resulting in significantly decreased water levels within the City's
reservoirs; and
WHEREAS, in an effort to further conserve water and to ensure adequate supplies exist
within the City's water supply system, on September 16, 2014, the City Council adopted
Resolution No. 10566 (2014 Series) limiting the outdoor irrigation of ornamental plants and turf
to comply with the State's mandates; and
WHEREAS, despite the City's water conservation efforts, the City's water supply is in
critical condition due to record dry conditions. Based on the City's Water Projection Model, as
of May 1, 2015, the City's has a projected three and a half years water supply and can be
lengthened to an estimated four and half years if the City is able to meet the State's goal of a 12
percent per capita water use reduction; and
WHEREAS, it is uncertain if drought conditions will continue through 2016 and beyond
which makes it critically necessary to further manage water consumption during the ongoing
drought to ensure that adequate water supplies are available in the long term in order to protect
the public health, safety and welfare; and
WHEREAS, up to 30 percent of water used during the summer months is for landscape
irrigation; and
WHEREAS, newly planted landscapes use significantly more water during the
establishment period than a mature landscape; and
WHEREAS, in order to comply with the Executive Order and Emergency Regulations,
and to ensure the City has adequate water for public health and safety, by this Resolution, the
City intends on deferring or requiring alternate landscape for new landscape planting which
require potable city water for irrigation.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination, The Resolution is categorically exempt
from environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory
Agencies for Protection of Natural Resources).
SECTION 2. During the declared drought emergency, all new landscape planting
located in City parks or on the grounds of City buildings which require potable city water for
Resolution No. 10628 (2015 Series)
Page 3
irrigation shall be deferred and require a permanent alternative or interim landscape plan to be
approved by the Community Development Director as set forth in Section 3a and 3b below.
SECTION 3. During the City's declared drought emergency, all new landscape planting
in private development projects which require potable city water for irrigation shall be deferred
and require a permanent alternative or interim landscape plan to be approved by the Community
Development Director.
a) Alternative (permanent) landscape 1p ans. Alternative landscape plans which are
drought tolerant may be allowed to be installed during the deferral period as a
permanent alternative, as approved by the City Community Development
Director. Such plans may include hardscape, artificial turf, mulch, and select
drought tolerant plant species. Such landscaping shall be irrigated with only drip
emitters, micro spray or equivalent water saving devices that substantially reduce
water use and achieve a minimum of a 50% reduction in water demand as
compared to landscapes installed during normal water years.
b) Interim (temporary) landscape plans. Interim landscape plans designed to control
dust /erosion and maintain property aesthetics may be allowed during the deferral
period, as approved by the City Community Development Director. Interim
landscape plans are to be a temporary installation which will be replaced by a
permanent landscape planting plan approved with an entitlement (e.g.
Architectural Review, Use Permit, Subdivision) or building permit. There shall be
an appropriate guarantee, as outlined in the Policy on construction Security
Deposits Document, that the permanent landscape planting plan will be completed
within 90 days of the end of the drought emergency or other appropriate time as
determined by the Community Development Director unless an alternative
landscape plan is approved and installed as noted above.
Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the
following roll call vote:
AYES: Council Members Carpenter, Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: None
ABSENT: None
Resolution No. 10628 (2015 Series)
Page 4
The foregoing resolution was adopted this 2 °d day of June 2015.
��'Vqo� -
Ma or Jan Marx
ATTEST:
APPROVED AS TO FORM:
VCliristiiie Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this 1''6 � ' day of a zo a,
ntilony J.
City Clerk