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Home My WebLink About8.2 Water Efficient Landscape Ord G~~~ OF DU~lr2 ri~ ~ S7AFF REPORT 1~~~~~~ PLANNING COMMISSION ~ ~ ~ ~~LIFOR~1~ DATE: Aprit 12, 2011 TO: Planning Commission SUBJECT: PUBLIC HEARfNG: PLPA-2011-00017 City of Dublin Water Efficient Landscape Ordinance Report prepared by Martha Aja, Environmental Specialist EXECUTIVE SUMMARY: Assembly Bill (AB) 1881 directed the Department of Water Resources to update the Model Water Efficient Landscape Ordinance. Local agencies have the option to either adopt the updated State Model Ordinance or adopt a different Ordinance that is at least as effective in conserving water as the updated Model Ordinance. If a local agency takes no action, the updated State Model Ordinance takes effect as if it were adopted. The City of Dublin has elected to prepare a Water Efficient Landscape Ordinance. The City's Ordinance is based on the updated Model Ordinance; however, slight modifications have been made to the Model Ordinance to make it specific to Dub(in. The Gity's Draft Ordinance is at least as effective in conserving water as the State's Model Ordinance. RECOMMENDATtON: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4} Glc~se the public hearing and deliberate; 5) Adopt a Resolution recommending the City Council adopt an Ordinance deleting Dublin Municipal Code Chapter 8.88 Water Efficient Landscaping Regulations and adopting a new Chapter 8.88 Water E~cient Landscaping Regulations. ~.x__ ,~~3: ~ ~ k ~ - c~ r.. . Submitted By: ~ Re ' wed By Environmental Specialist Planning Manager _.,._~u~ ..,,ww.., a . ~,.,__r.. _ uw.M.aw, ~ _ _ COPIES TO: Applicant File ITEM NO.: Page 1 of 5 G.IPA#120111PLPA-20N-00017 Water Effecient Landscape OrdinancelPCSR 4.12. ? 1.doc DESCRIPTION: Background Assembly Bill (AB) 325 (1990) established the first California Model Water Efficient Landscape Ordinance (WELO). AB 1881, which was passed in 2006, directed the Department of Water Resources to update the Model WELO. One of the main objectives of the updated Model WELO is to reduce water use to the lowest practical amount and set an upper water use limit for development that may not b~e exceeded. The updated WELO also establishes provisions for water management practices and water waste prevention. Additionally, the Model WELO promotes the values and benefits of landscapes while simultaneously recognizing the need to use water efficiently. AB 1881 contains several requirements to be included in the updated Model WELO, which include: • Minimize overspray and run-off; • Appropriate use and grouping of plants; • Automatic irrigation systems and schedules; • Soil assessment and soil management plans; • Include landscape maintenance practices; • Encourage the capture and retention of storm water on-site; • Encourage the use of recycled water; and • Educate water users. The City of Dublin's existing Water Efficient Landscaping Qrdinance (Attachment 1) was adopted in 1997 as Chapter 8.88 of the Dublin Municipal Code. The Modef Water Efficient Landscape Ordinance recently adopted by the State is significantly different than our current Ordinance. Some of the major differences include: • The City's current Ordinance applies to projects that have landscaped areas greater than 5,00~ square feet, while the proposed Ordinance applies to projects that have landscaped areas greater than 2,500 square feet. • The Evapotranspiration Adjustment Factor (ETAF) in Dublin's current Ordinance is 0.8 and the new ETAF is 0.7. The ETAF is 1.0 in the new ordinance for special landscape areas, which include recreational turf projects (parks, golf courses, ball fields), projects irrigated with recycled water and edibfe landscapes. See the discussion under Water Budget on page 4 of the Staff Report for a complete discussion of ETAF. • In the Ordinance, local agencies are required to provide information to owners of new single-family homes regarding water efficient landscapes. Local agencies have the option to either adopt the updated Model Ordinance or adopt a different ordinance that is at least as effective in conserving water as the updated Model Ordinance. If a ~ local agency takes no action, the updated Model Ordinance takes effect as if it were adopted by the local agency. The Model Ordinance took effect on January 1, 2010; however, the City of Dublin has elected to prepare a Water Efficient Landscape Qrdinance based on the Model Ordinance. The draft Water Efficient Landscape Regulations (Exhibit A of Attachment 2) woufd amend the existing Dublin Zoning Ordinance by deleting Dublin Municipal Code Chapter 8.88 re{ating to 2of5 Water-Efficient Landscaping Regulations and adopting a new Chapter 8.88 relating to Water Efficient Landscaping Regulations. ANALYSIS The Draft Water Efficient Landsca e Ordinance is based on the State's Model Ordinance. Sfi ht P J modifications have been made to the Model ~rdinance to make it Specific to the Gity of Dublin. The Draft Ordinance was prepared with input from Staff, the City Attorney and the City's consultant landscape architect to ensure that it is as effective as the State's Modef Ordinance. Applicability The following landscape projects will be subject to the City's WELO: 1. New construction and rehabilitated landscapes for City projects and private development projects with a landscape area equal to or greater than 2,500 square feet re uirin a buildin or landsca e ermit lan eheck or site devela ment q 9 J p P , p p review. 2. New construction and rehabilitated landscapes which are developer-installed in singte-family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or site development review. 3. New construction landscapes which are homeowner-provided and/or homeowner- hired in single-family and multi-family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or . landscape permit, plan check or site development review. 4. Existing landscapes limited to Sections 8.88A70. 5. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 8.88.040.E, ~ 8.88.050.E and 8.88.060; and existing cemeteries are limited ta Section 8.88.070. The "landscape area" shall be used to determine if a City project, private development project or homeowner-provided landscape is subject to the City's WELO. As defined in the Ordinance, "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other perviaus or non-pervious hardscapes, and other nan- irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). As noted above, new construction landscapes which are homeowner-provicied and/or homeowner-hired are subject to the City's WELO only if the landscape area (as defined above} is greater than 5,000 square feet. There are very few single-famiiy homes within the City that would trigger the City's WELO. Water Budqet The City's Ordinance, like the State's Model Ordinance, contains two water budgets. A water budget identifies the allowable water use for a landscape. The Maximum Applied Water 3 of 5 Allowance and the Estimated Total Water Use are tF~e two methods used to determine the water budget. The Maximum Applied Water Ailowance is the maximum amount of water that may be used annually to irrigate a landscape area. The allowance is based upon the area's reference evapotranspiration (ETo), the Evapotranspiration Adjustment Factor (ETAF} and the size of the landscape area. Evapotranspiration (ET) is the amount of water loss by evaporation from soi! and by plant transpiration during a specific period of time. ET data is used to determine the amount of water to be replaced by irrigation. Special Landscape Areas, including recreation areas, orchards and vegetable gardens, and areas irrigated with recycled water are subject to the Maximum Applied Water AI(owance with an ETAF not to exceed 1.~. For all other landscapes, the ETAF is not to exceed 0.7. ETAF is used as a water conservatian management tool to reduce the amount of water applied to a landscape area. The ETAF of 0.7 means 70% of the water loss through ET is replaced. Generally, 100% of ET is not required to maintain health, appearance and reasonable growth. The Estimated Total Water Use is used to determine the actual water budget for the landscape are and is based on the water needs of the plants actually chosen for a given landscape. The Estimated Total Water Use may not exceed the Maximum Applied Water Allowance. Chanqes to the State's Model Ordinance Slight modifications have been made to the Modef Ordinance to make it specific to Dublin, consistent with the rest of the Dublin Municipal Code and easier to use. The City's Draft Ordinance is at least as effective in conserving water as the State's updated Model Ordinance. Some of the more notable changes that were made to the State's Model Ordinance include the following: • Removed all the government code citations/references; • Added definitions for City, decorative water feature, District, private development and stabilizing mulch products, • Modified the applicability seetion by referencing the "landscape area" definition; • Revised the Landscaping Documentation Package section to be consistent with current Dublin procedures, • Used 46.2 as the Reference Evapotranspiration (ETo} in the Maximum Applied Water Calculations, • Modified the Maximum Allowed Water Allowance calculations - examples that are specific to Dublin; • Changed the mulch requirement from 2 inches to 3 inches because 3 inches is what is recommended by the Bay Friendly Landscape Guide(ines and the Alameda Countywide Clean Water Program C.3 Stormwater Technical Guidance; • Removed the model homes information fram the public education section and created a new model homes category; • Added DSRSD's provisions for using recycled water; • Modified the Storm Water Management section to reference Chapter 7.74 (Stormwater Management Discharge Control) of the DMC; and • Made modifications to the water waste prevention section. A red-lined version of the City's Draft Ordinance is included as Attachment 3. The red-lined version compares the Cify's WELO to the State's WELO. 4 of 5 REVIEW BY APPLICABLE DEPARTMENTS & AGENC[ES: I The Draft Ordinance was distributed internally to the various City Departments ta review, including Parks & Community Services, Public Works, and the Fire Prevention Bureau. Additionally, the Draft Ordinance was reviewed by MCE and the Dublin San Ramon Services District. The changes recommended by the various departments were incorporated, as appropriate. NOTICING REQUIREMENTS/PUBLIG OUTREACH: The City's Draft Ordinance was distributed to the development community for review and comment. The City received two comments, one from Jeff Lawrence of Braddock & Logan and one from Aaron Ross-Swain of Standard Pacific. The City reviewed the comments and provided a response to comments (Attachment 4). No additional changes were made to the City's Draft Ordinance based on the comments that were received from the development community. A Public Notice was published in the Va(ley Times and posted at several locations throughout the City and e-mailed to the devefopment community. I ENVIRONMENTAL REVIEW: ' This Ordinance is exempt from environmental review pursuant to Section 15307 of the State California Environmental Quality Act (CEQA) Regufations (14 Gal. Code Regs. Section 15307). Section 15307 establishes a Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for the protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City, and will ' not result in cumulative adverse environmental impacts. ~I ATTACHMENTS: 1) Chapter 8.88 (Water E~cient Landscaping ; Regulations) Dublin Zoning Ordinance. ! 2} Resolution recommending the City Council adopt an Ordinance de(eting Dublin Municipal Code Chapter 8.88 Water Efficient Landscaping Regulations and ' adopting a new Chapter 8.88 Water Efficient Landscaping Regulations, with draft City Council Ordinance attached as Exhibit A. 3) Red-line version of the City's Water Efficient Landscape Regulations. 4) Response to Developer Comments 5 of 5