HomeMy WebLinkAboutO-1607 Adoption of Temporary Mandatory Restrictions on Outdoor IrrigationORDINANCE NO. 1607 (2014 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO ADOPTING
TEMPORARY MANDATORY RESTRICTIONS ON OUTDOOR
IRRIGATION OF ORNAMENTAL LANDSCAPES OR TURF WITH
POTABLE WATER
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;
and
WHEREAS, the Emergency Regulations are scheduled to remain in effect for 270 days
after filing with the Secretary of State unless the State Water Resources Control Board
determines that such emergency regulations are no longer necessary due to changed conditions,
or unless the State Water Board renews the regulations due to continued 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
WHEREAS, the City has an approved Urban Water Management Plan which includes a
Water Shortage Contingency Plan to address specified water shortage conditions; and
WHEREAS, due to prudent water planning over the years and the City's water
conservation efforts, the City is not currently facing a water supply shortage condition; and
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Ordinance No. 1607 (2014 Series)
Page 2
WHEREAS, in order to comply with the Emergency Regulations and avoid potential
enforcement action, by this Ordinance, the City intends on implementing all requirements and
actions within its Water Shortage Contingency Plan restricting the use of potable water for the
outdoor irrigation of ornamental landscapes or turf.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The project is categorically exempt from
environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory
Agencies for Protection of Natural Resources).
SECTION 2. Findings. Based upon all of the evidence, the Council makes the following
findings:
1. That due to the community of San Luis Obispo's efforts over the years to conserve
water, per capita water consumption has decreased by 21 % since 1997.
2. That notwithstanding Governor Brown's declaration of a State of Emergency due to
California's severe drought conditions, the City is not facing a water shortage
condition.
3. That in recognition of the severe drought affecting the State of California, by this
ordinance, the City intends to set forth certain restrictions on the outdoor irrigation of
ornamental landscape and turf with potable water.
4. That the limitations on outdoor irrigation set forth in Section 3 below, will achieve
the reductions in water consumption as required by the Emergency Regulations.
SECTION 3. Section 13.070.030 (Council water conservation powers) of the City of San
Luis Obispo's Municipal Code is hereby amended as follows:
13.07.030 Council water conservation powers.
A. When deemed necessary in the judgment of the city council to conserve water during
critical water periods, the city council may by resolution declare an emergency condition
and do any or all of the following which in its judgment is deemed advisable after
publication of notice thereof in a newspaper of general circulation distributed in the city
or after reasonable notice thereof is otherwise given by the city to users:
a. Limit irrigation within the city water service area to specified hours, or prohibit
irrigation entirely within the service area or any portion or portions thereof;
b. Limit all customers inside the city water service area to specified maximum
usages of water for each category of users;
Ordinance No. 1607 (2014 Series)
Page 3
c. Implement other water conservation measures as deemed appropriate.
B. In order to comply with any mandatory actions required by the State Water Board or any
other agency having jurisdiction over the waters of the State, the City Council may by
resolution limit outdoor irrigation of ornamental landscapes or turf with potable water to
three days a week in accordance with the following schedule:
THREE -DAY A WEEK SCHEDULE
Even numbered addresses: Sunday, Tuesdays and Thursdays
Odd numbered addresses: Monday, Wednesdays and Fridays
Nothing in this Section 13.07.030.13 shall limit the use of non - potable water (i.e. recycled
or gray water systems) for outdoor irrigation of ornamental landscape or turf. Upon
written request by a property owner, the Director of Utilities may grant exceptions to
these restrictions for recently installed ornamental landscape or turf for the time it takes
to establish the new plant material, new landscapes which act as erosion control, for new
residential or commercial landscapes required as condition of a City planning approval,
or for the operational needs of an institutional customer.
SECTION 4. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 19`h day of August 2014, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 2nd day of September 2014, on the following roll
call vote:
AYES: Council Members Ashbaugh, Carpenter and Smith,
Vice Mayor Christianson and Mayor Marx
NOES: None
ABSENT: None
Mayor Jq Marx
ATTEST:
Ordinance No. 1607 (2014 Series)
Page 4
APPROVED AS TO FORM:
ristine Dietrick
City Attorney