HomeMy WebLinkAboutO-1626 Amending Chapter 17.87, The Water Efficient Landscape StandardsORDINANCE 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).
Ordinance No. 1626 (2015 Series) Page 2
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 17th day of November, 2015, on the following roll
call vote:
AYES: Council Members Carpenter, Christianson, and Rivoire,
Vice Mayor Ashbaugh, and Mayor Marx
NOES: None
ABSENT: None
Mayor Marx
ATTEST:
01626
Ordinance No. 1626 (2015 Series)
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
Page 3
IN WITNESS WHEREOF, I have hereunto set my and affixed the official seal of the City of
San Luis Obispo, California, this .507, day of t,,0
01626