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HomeMy WebLinkAbout04/07/1992, 6B - EXITING MANDATORY CONSERVATION AND THE ISSUES TO CONSIDER lull^IMl�llllln� VIf'll city r MEETING DATE: c� III II IiII�� o sd1'1 �uis oBispo April 7. 1992 COUNCIL AGENDA REPORT ITEM NUMBER. FROM: William T. Hetland, Utilities Director `4)k v1. PREPARED BY: Ron Munds, Water Conservation Coordinator U Sue Baasch, Administrative Analyst SUBJECT: Exiting Mandatory Conservation and the Issues To Consider CAO RECOMMENDATION By motion, approve the continuation of the current water waste codes; introduce an ordinance to print adopting the City's Water Efficient Landscape Ordinance; and allocate 14 acre feet for those projects on the current waiting list for building permits. DISCUSSION Background At the March 3, 1992, City Council meeting, Council eliminated the water allocation and surcharge components of the Mandatory Water Conservation Program (MWCP). At that time, staff indicated it would return to Council with the additional considerations which must be addressed upon ending the MWCP. It is important to understand that even though the reservoir storage levels indicate that the City has enough water to exit mandatory conservation, if next winter's rainfall is below normal and storage declines, the City could reenter the 15% mandatory water storage Action Level in April, 1993. In a worse-case scenario, if rainfall amounts for the next two years are insufficient, the Council could again be faced with the decision to build a desalination facility. EXITING MANDATORY WATER CONSERVATION-ISSUES TO CONSIDER J Water Waste Municipal Codes J Deferral of Landscape Planting and the Adoption of a Water Efficient Landscape Ordinance / Effect on the Water Offset (retrofit) Program �illl�ll�lll�lll������h ll�l�� City of San I".:; OBI SPO COUNCIL AGENDA REPORT Exiting Mandatory Conservation - Issues Page 2 1. Water Waste Municipal Codes Water waste codes have become an integral part of the water conservation program. During the last two years, staff has utilized the codes to develop a positive approach to addressing the problem of water waste and landscape irrigation efficiency. The following is a chronological summary of the Water Waste Municipal Codes: 1987 Council adopted Ordinance No. 1089 which prohibits water run-off and the use of substandard water fixtures, such as leaking faucets. April 1989 Council adopted Ordinance No. 1143 which prohibited water use from fire hydrants except for fire fighting purposes, the serving of water in restaurants except on request, and the use of potable water to wash sidewalks, driveways, etc. June 1990 Council modified Ordinance No. 1143, restricting the use of potable water for construction purposes. The Water Waste Municipal Codes currently in effect Rrohibit: ■ Use of substandard water fixtures ■ Water run-off from property i ■ Use of water from fire hydrants except for fire fighting ■ Serving of water in restaurants unless requested ■ Use of potable water to wash sidewalks, driveways, etc. ■ Use of potable water for construction purposes RECOMMENDATION Staff would recommend that these Municipal Codes remain in effect permanently or until new sources of water are developed. If Council agrees with this recommendation, no further action is necessary. Keeping these restrictions in place will continue our practice of water efficiency, and act as a reminder that we live in a water difficult area and that our citizens need to maintain good conservation habits: Alternatives Council could decide to eliminate some or all of the water waste codes. 2. Deferral of Landscape Planting During MandatorlConservation In 1989, Council adopted Resolution No. 6610, authorizing the Community Development Director or the City Engineer to defer new landscape installation required as a condition of a building permit. In June 1990, the resolution was amended to mandate the deferral of landscape planting, including City facilities, until the end of MWCP. All deferred private projects were required to post a bond at the time of deferral to guarantee ►►���,��u►�►Illllllip ���lll c1ty of san �__,s oBispo COUNCIL AGENDA REPORT Exiting Mandatory Conservation - Issues Page 3 eventual installation. The Resolution specifies that landscape installation will occur within ninety days of the end of mandatory conservation or other appropriate time as determined by the City Engineer or the Community Development Director. As of March 1992, 42 projects in the private sector and several City projects, including the installation of French Park landscape, Mitchell Park War Memorial landscape, and Santa Rosa Street median island and roadside landscape, had been deferred because of the drought. Staff recommends that, per Resolution No. 6837, Council require installation of all deferred private landscaping projects and those deferred City landscaping projects with approved funding. Water Efficient Landscape Ordinance California State law will require all water purveyors to adopt a water efficient landscape ordinance by January, 1993. The City has had landscape guidelines since 1989 which staff proposes be adopted, with some modifications, as an ordinance. At the time of adoption in 1989, these guidelines had been reviewed by community groups and the Architectural Review Commission. This will not only bring the City into compliance with State law, but will also aid in reducing long term water use through mandated responsible landscape planting practices (see Exhibit A). The purpose of the water efficient landscape ordinance is to act as a guide for landscape designers and homeowners in malting efficient use of increasingly limited water supplies through sensible, carefully-planned landscape design, installation and maintenance. The key elements in the water efficient landscape ordinance are: ' Limiting turf areas to 20% of the site's total area; ' Emphasizing use of drought tolerant and water conserving plants; ' Requiring irrigation systems designed to avoid excessive run-off and incorporate the latest in water conservation irrigation technology. RECOMMENDATION Staff recommends that the Council adopt the water efficient landscape ordinance which will make long term changes in landscaping practices, and, per the requirements in Resolution No. 6837, require the installation of all deferred private landscaping projects and deferred City landscaping projects with approved funding. Alternatives 1. Prior to June 1990, the option to defer landscape planting was given to the property owner. Council could decide to reinstate this ,policy. This would place the risk solely on the property owner. 2. Since the possibility of returning to mandatory rationing next year exists, Council could continue to defer landscape installation, with the matter to be considered again following next winter's rains. �O8 3 ►���►��i�lllllllllP�1Bp►�II�III city of San A OBISPO MINA COUNCIL AGENDA REPORT Exiting Mandatory Conservation - Issues Page 4 3. Impact on Water Offset (Retrofit) Program IN ACRE FEET In Applications Balance for Reserve Waiting New App's Residential 57 11 46 Affordable Residential 28 0 28 Nonresidential 21 3 31 TOTAL 106 14 82 Figure 2 WATER ALLOCATIONS FOR BUILDING PERMITS According to the Water Allocation Regulations, when mandatory conservation ends, any ► allocation held in reserve will be assigned to building permit applications. On February 20, 1992, the amounts in Figure 2 were in the reserve categories, and the indicated amounts would be assigned to applications which were waiting on that date: Once these reserves are allocated, new applications would have to comply with retrofit offset guidelines for as long as the City continues to exceed its safe annual yield or wait for further allocations to become available as a result of the City obtaining new water supplies. RECOMMENDATION Reserves were based on the safe annual yield of 7,860 acre feet, and staff is currently evaluating the impact of the latest drought on that figure. With the removal of mandatory water conservation, it can be expected that a return to pre-drought water use will exceed our safe annual yield. Staff would recommend 1) that the 14 acre feet designated for waiting applications be granted and 2) that the additional 92 acre feet held in reserve for new construction not be allocated towards development, and retrofitting be the only means to obtain a water allocation and building permit. If Council agrees with this recommendation, staff will need to return to Council with a new ordinance to reflect this change in policy. 6184 ���►►��►�►i�1i1111111111{►� ll�lll city of San l__,s OBISpo Niis COUNCIL AGENDA REPORT Exiting Mandatory Conservation - Issues Page 5 Alternatives 1. Council could follow the current policy and allocate the 106 acre feet of water towards new development. 2. Council could decide not to allocate any of the 106 acre feet of water which would require a change in the Water Allocation Regulation. SUMMARY OF RECOMMENDATTONS 1. Recommend continuing the water waste codes currently in effect. 2. Recommend Council introduce an ordinance to print adopting the City's landscape ordinance and require installation of all deferred private landscaping projects and those deferred City landscaping projects with approved funding. 3. Recommend that the 14 of the 106 acre feet of the water held in reserve be allocated to the applications on the waiting list and all other new development continue to retrofit before receiving a water allocation and building permit. CONCURRENCE The Community Development Department concurs with recommendations made in this report. FISCAL IMPACT There are no new Water Fund costs associated with these recommendations. Any impact on staffing levels is discussed in the report on the phasing out of the water conservation hotline program and the continuation of water conservation program efforts. Attachment: Exhibit A - Landscape Ordinance ORDINANCE NO. (1992 SERIES) AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ESTABLISHING CHAPTER 13.20 WATER EFFICIENT LANDSCAPE STANDARDS SECTION 1. FINDINGS WHEREAS, the City Council acknowledges that water is a limited resource and therefore desires to improve the effectiveness of water use within the City's service area. The City Council hereby finds that: A. The City's current water policies promote conservation and the efficient use of water; B. The City has found and determined that it is in the best interest of the City and the inhabitants to provide landscape standards; C. Landscape design, installation, and maintenance can and should be water efficient. D. The ordinance is categorically exempt under Section 15307 of CEQA. SECTION 2. ADOPTION NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: Chapter 13.20 is added to the San Luis Obispo Municipal Code to read as follows: CHAPTER 13 .20 WATER EFFICIENT LANDSCAPE STANDARDS 13.20.01 DEFINITIONS. The following definitions are applicable within this chapter: A. "Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. B. "Application rate" means the depth of water applied to given area, usually measured in inches per hour. C. "Automatic controller" means a mechanical or solid state timer, capable of operating valve stations .to set the days and length of time of a water application. D. "Backflow prevention device" means a safety device used Ordinance No. (1992 Series) Page 2 to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. E. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. F. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour) . G. "Establishment period" means the first year after installing the plant in the landscape. H. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same irrigation schedule. I. "Irrigation efficiency" means the measurement of the amount of water beneficially used, which is the amount of water stored in the root zone, divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. J. "Mulch" means any organic material such as leaves, bark, or straw which is applied to the soil surface to reduce evaporation and erosion. R. "Overspray" means the water which is delivered outside of planted areas, wetting pavements, walks, structures, or other planted areas. L. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. M. "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area and across property lines. N. "Station" means planted area served by one valve or by a set of valves that operate simultaneously. O. "Water conservation concept statement" means a one page checklist and a narrative summary of the project. 13 .20.02 PROCEDURES. The following procedures shall apply to landscape planting: A. There are three categories of landscape standards. All Ordinance No. (1992 Series) Page 3 development will fall under on or more of the categories, depending on its size and type of City review required. For example, basic landscape requirements are listed in category I and apply to all projects. Larger, more complex projects, where potential for water saving is greater, must meet the additional requirements listed under categories II and III. 1. Category I- All new development projects including those which are exempt from architectural review, such as individually built, single-family houses and duplexes; 2. Category II- Projects requiring architectural review, such as new houses on sensitive sites, the construction of three or more dwellings on a lot, and new commercial buildings. 3. Category III- Commercial or industrial projects on sites of 20,000 sq. ft. or more, and residential projects of 10 or more units. B. Where a project is reviewed by the Architectural Review Commission (ARC) , the ARC shall evaluate it for compliance with these standards. For projects which are exempt from architectural review, the Community Development Director shall determine conformance with the standards during Building Permit plancheck. Development projects shall conform to these standards prior to building permit issuance. C. Decisions of the Community Development Director are appealable to the ARC, and decisions of the ARC are appealable to the City Council, subject to the appeal provisions of Chapter 17.66 of the Municipal Code. 13.20.03 SUBMITTAL REQUIREMENTS. The following are submittal requirements: A. Required for all projects (Category I) : a landscape documentation package consisting of the following elements, which are described in 13 .20.03 (D) : 1. Water conservation checklist 2. Landscape design plan 3. Irrigation design plan 4. Certificate of Substantial Compliance B. Required for projects subject to ARC review (Category II) : 1. The Landscape Documentation Package described in part A above. SOB-8 Ordinance No. (1992 Series) Page 4 2. Planting notes and water conservation concept statement describing the water conservation measures taken and how the landscape design meets the esthetics or functional requirements of the site and of the proposed land use, including landscape screening, solar access, climate modification, and erosion control. 3. Section/elevation view through the site showing the relationships between planting design, buildings, site improvements, and design. C. Required for large or complex projects (Category III) , in addition to the information listed above in part B: 1) the landscape and irrigation plans shall be prepared by a landscape architect or other qualified professional; 2) planting and irrigation details showing planting, irrigation, staking, and other pertinent details which explain the landscape design and/or conservation measures; and 3) a maintenance program describing general maintenance procedures, including: frequency and responsibilities for watering; replanting; pruning; irrigation equipment repair and programming; weed control; and fertilizing. D. The Landscape Documentation Package shall include: 1. Water Conservation checklist and Concept Statement, a cover sheet which serves as a checklist to verify that the elements of the landscape documentation package have been completed including a narrative summary of the project. Category I projects are not required to provide a water conservation concept statement. 2. Landscape design plan, showing scale, north arrow, property lines, existing and proposed structures, streets, major natural features such as creeks and rock outcroppings; location, size, type, and quantity of proposed plants; existing trees to be removed or retained, noted by type, location, trunk diameter and height, overall condition and expected life span; statistics listing total paved area, designation of hydrozones, and percentage of total site area devoted to irrigated turf. 3. Irrigation design plan, showing scale, north arrow, property lines, existing and proposed structures, streets, and existing trees to remain and major natural features; below ground utilities. The location, size, and type of irrigation system components including automatic controllers, main and lateral lines, sprinkler heads, emitters, backflow prevention devices, and rain Ordinance No. (1992 Series) Page 5 sensing devices if utilized. 4. Certification by a licensed landscape architect or contractor, certified irrigation designer, or other licensed or certified professional in a landscape related field that planting and irrigation as-built complies with City approved plans. The certificate shall be submitted in writing to the City and the owner of record prior to the issuance of the building permit. After the project is completed, the person certifying shall conduct a final field observation and shall provide a certificate of substantial completion to the City. The certificate shall include a list of any observed deficiencies and recommended correction. measures. 13 .20. 04 LANDSCAPE STANDARDS. The following landscape standards apply to all new development: A. Landscape Design Criteria 1. Irrigated - turf areas shall not exceed 20 percent of the site's total area. The ARC may allow larger turf, areas where special water conservation measures are used, and where their primary purpose is for recreation rather. than esthetics, as in parks, playgrounds, and private rear yards. If a project is exempt from the ARC review process, the Community Development Director may allow larger turf areas using these criteria. 2 . Water-conserving turf varieties or turf substitutes (groundcovers) shall be used where appropriate. 3. Planter and turf areas will be designed for maximum water efficiency and ease of maintenance. Turf shall not be used in narrow planters, raised beds, and other relatively small planters as determined by the Community Development Director. Turf planting on slopes over 15% causes excess irrigation runoff, and will not be allowed. 4. Use decorative paving and alternative ground covers such as pathway bark, crushed rock, wood chippings, concrete, brick,or wood pavers to attractively landscape pathways, service areas, or areas difficult to maintain. 5. Plants shall be selected appropriately according to their suitability to the climatic, geologic, and topographical conditions of the site. Protection and preservation of native species and A_/® Ordinance No. (1992) Page 6 natural areas is encouraged. 6. Plants having similar water use shall be grouped together in distinct hydrozones and irrigated by a separate valve. 7. Plant selection shall clearly emphasize the use of drought tolerant and water conserving plants. 8. Curbs, headerboards, pavers, and other decorative materials should be used to define the edges of planters to reduce irrigation runoff into non-planted areas, and to define turf areas. 9. Water features will be designed and maintained to use water efficiently. Pools, ponds, decorative fountains, and other similar ornamental water features will use recirculating water. Water features will be of a design, shape, and size that minimizes water loss through evaporation. 10. Parking lots should be adequately landscaped to prevent large, uninterrupted expanses of paving. 11. PlbLnted areas will have a 2" thick layer of mulch at planting to reduce soil moisture evaporation and discourage weed growth. 12. Use erosion control measures on planted slopes of 3 : 1 (33%) or steeper. Where runoff and erosion are likely, planted slopes shall have jute mesh, straw matting, or comparable biodegradable material to reduce erosion and allow plants to become established. B. Irrigation Design criteria 1. Runoff and overspray. Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be use to closely match application rates to infiltration rates, to minimize or eliminate runoff. 2. Irrigation Efficiency. Irrigation , systems shall be designed, maintained, and managed using such techniques as low- precipitation heads, drip irrigation, moisture-sensors, check valves, and other water conserving techniques where appropriate. 68- 1 Ordinance No. (1992) Page 7 3 . Use temporary irrigation for open space or hydroseeded areas. These systems should be removed after the establishment period. C. . Standards for Large or Complex Projects (Category III) : 1. Developers will provide owner design/maintenance guidelines for residential and commercial subdivisions. The guidelines shall be included in a package of landscape water conservation information provided and distributed by the subdivider to owners, and shall include as a minimum: recommended plant types and sample designs for water conservation, suggested watering and maintenance schedules, horticultural measures to reduce landscape water use, and financial and/or other incentives to encourage appropriate and timely installation of water saving landscapes. 2. Where model homes are included, the subdivider will install at least two units or model homes with water conserving landscapes and include signs explaining design strategies and plant materials for water conservation. SECTION 3 EFFECTIVE DATE. A summary of this ordinance, together with the ayes and noes, shall be published at least five days prior to its final passage in the Telegram-Tribune, a newspaper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage.. A copy of the full text of this ordinance shall be on file in the office of the City Clerk on and after the date following introduction and passge to print and shall be available to any interested member of the public. INTRODUCED AND PASSED TO PRINT by the Council of San Luis Obispo at a meeting held on the day of , 1992, on motion of ' seconded by J, and on the following roll call vote: AYES: NOES: ABSENT: Mayor Ron Dunin ATTEST: City Clerk Pam Voges Ordinance No. (1992) Page 8 APPROVED: City dm nist tT e. ficer r11-1 tt rn Utilities Director 61313 offand WI �IN AGENDA DATE _7 ITEM - San Luis Obispo City Council March 20, 1992 990 Palm Street San Luis Obispo, CA 93401 RE: Water Use For Construction Dear Council Member: On April 7, 1992,. you will be discussing water conservation for the City of San Luis Obispo. In passing the resolution to restrict use of potable water for construction, I believe there was a problem overlooked that should be brought to your, attention. As it presently stands, City Staff has interpreted this resolution and thereby has set policies that are unfair as well as dangerous. As a contractor, when I call in to get a meter set on a job site, I am told I cannot have a meter until my plumbing is in and my foundation forming has been approved. This leaves my men and any other person working on that job without potable water. In construction, there are certain hazards that exist such as concrete, dirt, saw dust, or lime being blown in someone's eyes. This is only one example, there are many emergencies that could arise where clean water is needed. The City Staff's position on this resolution has been to not allow water on site until a foundation is in. They are attempting to stop the saturation of foundations with potable water. I agree with that policy and support their efforts. The problem I have with staff is their unwillingness to work out a policy that would allow City water on site for health and safety reasons. I am told it is to hard to monitor the water use and some one might saturate the foundations with potable water. There is a method .that can provide water for health and safety and still control excessive use such as saturation. A system that rations water for construction is a fair alternative. This would provide a minimum amount of water for health, safety, and reasonable use, thus, relieving the City of the liability of not providing water for health and safety, which it is required to provide. Please consider alternatives to the staff's position and treat our industry fairly. Sincerely, Q FMSTO: Adion O FYI �t 5 Ids CAO CDD DM -R DSR RON HOLLAND rulalm• FWDU MAR 2 s 1992 CLEPK/Oacc. o Poucgci CRFAp Et �RECDIlL CffY CLERK 1;K ., _�U77LDIIt Lu:s oSjSpo, C:, Cif u—.- 805-543-4071 1220 Marsh St.,San Luis Obispo,CA 93401