HomeMy WebLinkAboutO-1619 Restrictions on Outdoor Irrigation of Ornamental Landscapes or TurfORDINANCE NO. 1619 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING SECTION 13.07.030 OF THE SAN
LUIS OBISPO MUNICIPAL CODE REGARDING 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, in October 2014, the City limited outdoor irrigation to no more than three
days a week in order to comply with the State's water conservation regulations; and
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% as compared to 2013; and
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Ordinance No. 1619 (2015 Series) Page 2
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
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, 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 further limiting the outdoor irrigation of ornamental plans and turf.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Ordinance is categorically exempt from
environmental review pursuant to CEQA Guidelines Section 15307 (Actions by Regulatory
Agencies for Protection of Natural Resources).
Ordinance No. 1619 (2015 Series)
Page 3
SECTION 2. Action. Section 13.070.030 (Council water conservation powers) of
Chapter 13.070 the City of San Luis Obispo's Municipal Code is hereby amended as follows:
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:
1. 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,
2. Limit all customers inside the city water service area to specified maximum
usages of water for each category of users;
3. 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 or two days a week in accordance with the following schedules:
THREE -DAY A WEEK SCHEDULE
Even numbered addresses:
Odd numbered addresses:
SLindaV, Tuesdays and Thursdays
Monday, Wednesdays and Fridays
TWO -DAY A WEEK SCHEDULE
Even numbered addresses:
Odd numbered addresses:
Tuesday and Friday
Monday and Thursda
C. 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 between the hours of 7:00 p.m. and 7:00 a.m.
Nothing in this Section 13.07.030.0 shall limit the use of non - potable water (i.e. recycled or gray
water systems) for outdoor irrigation of ornamental landscape or turf.
Ordinance No. 1619 (2015 Series)
Page 4
SECTION 3. Severability. If any subdivision, paragraph, sentence, clause, or phrase of
this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the city's rules and regulations.
It is the city's express intent that each remaining portion would have been adopted irrespective of
the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be declared
invalid or unenforceable.
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.
Ordinance No. 1619 (2015 Series)
Page 5
INTRODUCED on the 2nd day of June, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 16`h day of June, 2015, on the following roll call
vote:
AYES: Council Members Carpenter, Christianson, Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
ATTEST:
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
Mayor J f/11 arx
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this day of ,, Za ► Sr