HomeMy WebLinkAbout11-17-2015 Item 03 - Ordinance Adoption Water Efficient Landscape Standards
Meeting Date: 11/17/2015
FROM: Carrie Mattingly, Utilities Director
Prepared By: Ron Munds, Utilities Services Manager
SUBJECT: ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AMENDING CHAPTER 17.87, THE WATER
EFFICIENT LANDSCAPE STANDARDS
RECOMMENDATION
Adopt Ordinance No. 1626 (2015 Series) entitled “An Ordinance of the City Council of the City
of San Luis Obispo, California amending Chapter 17.87 of the City of San Luis Obispo’s
Municipal Code,” to update the water efficient landscape standards.
DISCUSSION
On November 3, 2015 the City Council voted 5 to 0 to introduce Ordinance No. 1626 (2015
Series). Ordinance No. 1626 amends Chapter 17.87 of the City Municipal Code to update the
water efficient landscape standards. The update aligns the City’s water efficient landscape
standards with the state of California’s Department of Water Resources model water efficient
landscape ordinance as required by Governor Brown’s Aril 1, 2015 Executive Order B-29-15.
The new Ordinance will become effective on December 17, 2015, 30 days after its adoption.
ALTERNATIVE
The City Council could choose not to adopt the proposed ordinance and choose to adopt the
state’s model ordinance by taking no action.
Attachments:
a - Chapter 17.87 Ordinance Revision
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ORDINANCE NO. 1626 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO, CALIFORNIA AMENDING CHAPTER 17.87
OF THE CITY OF SAN LUIS OBISPO’S MUNICIPAL CODE
WHEREAS, The State of California adopted the Water Conservation
Landscaping Act of 2006 which requires all cities and counties in California to adopt a
water efficient landscape ordinance; and
WHEREAS, pursuant to Governor Brown’s Executive Order B-29-15, the
Department of Water Resources has updated the Model Water Efficient Landscape
Ordinance (model ordinance) for use by local agencies; and
WHEREAS, the intent of the revised model ordinance is to achieve increased
landscape water use efficiency in new and rehabilitated landscapes; and
WHEREAS, local agencies may adopt the state’s model ordinance, or adopt their
own ordinance that is at least as effective as the state’s model ordinance; and
WHEREAS, the City of San Luis Obispo proposes to revise its Water Efficient
Landscape Ordinance in compliance with the state’s requirements
NOW THEREFORE BE IT ORDAINED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Chapter 17.87.020 of the City of San Luis Obispo’s Municipal
Code is replaced and amended to read as follows:
17.87.020 Applicability.
A. The provisions of this chapter shall apply to the following landscape projects:
1. New residential, commercial, institutional and multi-family development projects
with an aggregate landscape area equal to or greater than 500 square feet subject
to a building permit, plan check or development review.
2. Rehabilitated landscapes for residential, institutional, commercial and multi -
family development projects with a landscape area equal to or greater than 2,500
square feet which are otherwise subject to a building permit or development
review.
3. Homeowners Associations and Common Interest Developments’ architectural
guidelines (i.e., CC&Rs) shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group. Further, the
guidelines shall not prohibit the removal of turf, nor restrict or prohibit the
reduction of turf in lieu of more water efficient alternatives (California Civil Code
Section 1353.8).
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Ordinance No. _____ (2015 Series) Page 2
O ______
SECTION 2. Environmental Determination. This Ordinance is categorically
exempt from environmental review pursuant to Sections 15305 and 15307 of the CEQA
Guidelines.
SECTION 3. 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.
SECTION 4. Inconsistency. To the extent that the terms or provisions of this
Ordinance may be inconsistent or in conflict with the terms or conditions of any prior
City ordinance(s), motion, resolution, rule, or regulation governing the same subject
matter thereof, such inconsistent and conflicting provisions of prior ordinances, motions,
resolutions, rules and regulations are hereby repealed.
INTRODUCED on the 3rd day of November 2015, AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the ______ day of ______,
2015, on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor Jan Marx
ATTEST:
Jon Ansolabehere
Interim City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
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Ordinance No. _____ (2015 Series) Page 3
O ______
IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of the
City of San Luis Obispo, California, this _________ day of _________________.
________________________
Jon Ansolabehere
Interim City Clerk
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THENewspaper of the Central Coast
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NOV (2 2015
3825 South Higuera • Post Office Box 112 • San Luis Obispo, California 93406 -0112 • (805) 781 -7800
In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
AD # 2081698
CITY OF SAN LUIS OBISPO
OFFICE OF THE CITY CLERK
STATE OF CALIFORNIA
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above entitled matter; I am now, and at
all times embraced in the publication herein mentioned
was, the principal clerk of the printers and publishers of
THE TRIBUNE, a newspaper of general Circulation,
printed and published daily at the City of San Luis
Obispo in the above named county and state; that notice
at which the annexed clippings is a true copy, was
published in the above -named newspaper and not in any
supplement thereof — on the following dates to wit;
NOVEMBER 7, 2015 that said newspaper was duly and
regularly ascertained and established a newspaper of
general circulation by Decree entered in the Superior
Court of San Luis Obispo County, State of California, on
June 9, 1952, Case #19139 under the Government Code
of the State of California.
I certify (or declare) under the penalty of perjury that the
foregoing is true and correct.
Ate- V/.
(SignatuWof Principal Clerk)
DATED: NOVEMBER 7, 2015
AD COST: $147.40
CITY OF
WSAnLUMONSPO
ORDINANCE NO. 1626 (2015 Series)
AN ORDINANCE OF THE CITY COUN-
CIL OF THE CITY OF SAN LUIS OBI -
SPO; CALIFORNIA, AMENDING
CHAPTER 17.87 OF THE CITY OF
SAN LUIS OBISPO'S MUNICIPAL
CODE TO UPDATE
NOTICE IS HEREBY GIVEN that the City
Council of the City of San Luis Obispo, Call
fomla, at its Regular Meeting of November
3, 2015, introduced the above titled ordi-
nance upon a motion by Vice Mayor
Ashbaugh, second by Council Member
Rivoire, and on the following roll call vote:
AYES: Council Member Carpenter, Christi-
anson, Rivoire, Vice Mayor Ashbaugh, and
Mayor Marx
NOES: None
Ordinance No. 1,52$ {2015 Series), - This is
a City Ordinance amending Chapter 17.87
of the Zoning Regulations to reflect the
changes to the State's Water Efficient Land-
scape Standards adopted by the California
Department of Water Resources in re-
sponse to Governor Brown's April 1, 2015
Executive Order B- 29 -15.
A full and complete copy of the aforemen-
tioned Ordinance is available for inspection
and copy in the City Clerk's Office; located
at 990 Palm Street, San Luis Obispo, Cali-
fornia. or you may call (805) 781 -7100 for
more information.
NOTICE IS HEREBY FURTHER GIVEN
that the City Council of the City of San Lars
Obispo will consider adapting the More -
mentioned Ordinance at its Regular Meet-
ing of November 17, 2015 at 4:00 p.m.,
which will be held in the Council Chamber,
located at 990 Palm Street, San Luis Obi-
spo, California.
Jon Ansolabehere
Interim City Clerk
November 7, 2015 2081698