HomeMy WebLinkAbout0014_1_MCA 2016-02 - CC Staff Report 2-23-16
REPORT TO CITY COUNCIL
TO: Honorable Mayor
And Members of the City Council
FROM: Grant Yates
City Manager
DATE: February 23, 2015
SUBJECT: Municipal Code Amendment No. 2016-02 – An Amendment of Title
19, Chapter 19.08 of the Lake Elsinore Municipal Code Regarding
Water Efficient Landscape Requirements
Recommendation
1. Introduce by title only and waive further reading of Ordinance No. 2016-___; An
Ordinance of the City of Lake Elsinore, California, Amending and Restating Title 19,
Chapter 19.08 of the Lake Elsinore Municipal Code Regarding Water Efficient
Landscape Requirements.
2. Authorize the Community Development Director or designee to send a letter, with
supporting documentation on behalf of the City Council notifying the California
Department of Water Resources of the City's adoption of the Ordinance Amending
and Restating Title 19, Chapter 19.08 of the Lake Elsinore Municipal Code
Regarding Water Efficient Landscape Requirements, following the second reading of
the Ordinance.
Background
In September 1990, California Governor Pete Wilson signed Assembly Bill (AB) 325
which directed the California Department of Water Resources (“DWR”) to adopt a State
Model Water Efficient Landscape Ordinance (the “State Model Ordinance”) by January
1, 1992. AB 325 further required that by January 1993 local agencies adopt their own
local water efficient landscape ordinance, adopt the State Model Ordinance, or make a
statement that due to water availability and other factors, an ordinance was not
necessary. An advisory taskforce of interested stakeholders prepared a State Model
Ordinance in response to AB 325. In 1992, the City of Lake Elsinore adopted the State
Model Ordinance which was codified into the Lake Elsinore Municipal Code (LEMC)
under Chapter 19.08.
CITY COUNCIL STAFF REPORT
MCA 2016-02 - Water Efficient Landscape Requirements
February 23, 2016
Page 2 of 5
In 2006, the California Legislature passed AB 1881, the “Water Efficiency in
Landscaping Act of 2006” which was signed into law by Governor Arnold
Schwarzenegger in September 2006. DWR updated the State Model Ordinance in
compliance with AB 1881. AB 1881 also required local agencies, to adopt the revised
State Model Ordinance or an ordinance that was efficient as or more efficient than the
State Model Ordinance in terms of conservation of water no later than January 1, 2010.
On December 22, 2009, the City Council approved a revision of Chapter 19.08 in
compliance with AB 1881. (Attachment 3)
On April 1, 2015, Governor Edmund G. Brown Jr issued Executive Order B-29-15
mandating water conservation efforts, including directing DWR to update the State
Model Ordinance. An updated State Model Ordinance (Sections 490-495, Chapter 2.7,
Division 2, Title 23 in the California Code of Regulations) was subsequently approved
by the California Water Commission on July 15, 2015. As with previous versions of the
State Model Ordinance, the DWR posted “Guidelines for California Local Agencies” on
its web site that advised local agencies that they had until December 1, 2015 to adopt
the State Model Ordinance, amend an existing or adopt a new local ordinance to meet
the requirements of the State Model Ordinance, or take no action and allow the State
Model Ordinance go into effect by default. The local agency is also allowed to let the
State Model Ordinance go into effect by default and then adopt a local ordinance at a
later date.
On May 28, 2015, the Elsinore Valley Municipal Water District (EVMWD) approved and
adopted Water Efficient Landscape Standards for adoption by local agencies.
(Attachment 2)
Project Description
In response to the State’s mandate to update the City’s Water Efficient Landscaping
Requirements and EVMWD’s request that the City consider adopting EVMWD’s
approved standards, staff has prepared the attached revision to Municipal Code
Chapter 19.08. The subject revision of Chapter 19.08 incorporates most of the
provisions adopted by EVMWD. However, some of the provisions adopted by EVMWD
have been modified to better reflect the provisions set forth in the State Model
Ordinance. Additional provisions have been added, based upon the current Chapter
19.08 provisions regarding the requirements for submittal and approval of landscaping
and irrigation plans.
In conjunction with its preparation of the proposed Chapter 19.08 revisions, staff
consulted with its landscaping and irrigation consultant Steven Sanhamel of Sustainable
Civil Engineering Solutions; who reviewed the revisions for clarity, consistency with the
State Model Code, and their ability to be implemented. Mr. Sanhamel’s suggested
corrections have been incorporated into the proposed revisions.
CITY COUNCIL STAFF REPORT
MCA 2016-02 - Water Efficient Landscape Requirements
February 23, 2016
Page 3 of 5
Copies of the draft Municipal Code revisions and the final version of the revisions were
also provided to Mr. Matthew Conway, Water Efficiency and Educational Specialist at
EVMWD for his review and comments. In an e-mailed response to staff’s request for a
review of the final version of the revisions to Chapter 19.08, Mr. Conway stated “I have
had a chance to review the document and it looks great. No comments from me.” (See
attached February 3, 2016 e-mail).
Discussion of the City’s Proposed Ordinance
Perhaps the most significant change from the current version of Chapter 19.08 is that all
new development projects are subject to its provisions if the project requires a building
or landscape permit, plan check or design review. The current provisions are applicable
only when total landscape areas equal or exceed thresholds that range from 2,500
square feet to 5,000 square feet. The revised provisions comply with the provisions
adopted by EVMWD. (It is noted that the State Model Ordinance has thresholds that
range from 500 square feet to 2,500 square feet.)
The proposed revised Chapter 19.08, will apply to all of the following landscape projects
when they require a building or landscape permit, plan check or design review:
1. New construction and rehabilitated landscapes for public agency projects and
private development projects;
2. New construction and rehabilitated landscapes which are developer-installed
in single-family and multi-family projects;
3. New construction and rehabilitated landscapes which are homeowner-
provided and/or homeowner-hired in single-family and multi-family residential
projects.
4. New and rehabilitated cemeteries, parks and schools.
Only those provisions that describe landscaping and irrigation standards and water
conservation requirements (LEMC 19.08.070, 19.08.080 and 19.08.130) will apply to:
1. Rehabilitated landscapes which are homeowner-provided and/or homeowner-
hired for existing single-family residences.
As set forth in the current and proposed provisions of Chapter 19.08 and the State
Model Ordinance, the following are exempt from the its provisions:
1. Registered local, state or federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation
system and have an establishment period of less than three years;
3. Mined-land reclamation projects that do not require a permanent irrigation
system; and
4. Botanical gardens and arboretums open to the public.
CITY COUNCIL STAFF REPORT
MCA 2016-02 - Water Efficient Landscape Requirements
February 23, 2016
Page 4 of 5
The proposed Chapter 19.08 retains the current requirement that in the event
Covenants, Conditions and Restrictions (“CC&Rs”) are required by the City of Lake
Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a
condition shall be incorporated into any project approval prohibiting the use of water-
intensive landscaping and requiring the use of low water use landscaping pursuant to
the provisions of Chapter 19.08 in connection with common area/open space
landscaping. Additionally, such a condition shall also require the CC&Rs to incorporate
provisions concerning landscape irrigation system management and maintenance
consistent with Chapter 19.08. The CC&Rs shall not prohibit use of low water use plants
or the replacement of turf with less water intensive plant species. Consistent with the
current provisions of Chapter 19.08, the revised provisions will not require landscaping
of common areas or open space that is intended to remain natural.
Annual Reporting Requirements
Executive Order B-29-15 and the State Model Ordinance require local agencies to
report on the implementation and enforcement of their single agency Local Ordinances
to DWR by December 31, 2015. Reporting for all agencies is due by January 31st of
each year thereafter. In the initial reporting, a local agency states whether they are
adopting a single agency ordinance or a regional agency ordinance, and specifies the
date of adoption or anticipated date of adoption.
Staff has advised DWR by telephone call and e-mail of its preparation of a local
ordinance and its current status. As part of the City Council’s action regarding the
proposed revisions to Chapter 19.08, staff is requesting City Council authorization for
the Community Development Director or designee to submit formal notification on
behalf of the City Council to the California Department of Water Resources of the City's
adoption of the Ordinance following the second reading.
Environmental Determination
The proposed amendment of Chapter 19.08 of the LEMC is exempt from the California
Environmental Quality Act (Cal. Publ. Res. Code §§21000 et seq. “CEQA”) and the
State CEQA Guidelines (14. Cal. Code Regs §§15000 et seq.), specifically pursuant to
Section 15307 (Class 7) and Section 15308 (Class 8) which exempt actions taken by
regulatory agencies as authorized by state law or local ordinance to assure the
maintenance, restoration or enhancement of a natural resource or the protection of the
environment where the regulatory process involves procedures for protection of the
environment. As separate and independent grounds, the amendment of Chapter 19.08
is exempt from the application of CEQA by Section 15061(b)(3) (common sense
exemption) in that it can be seen with a certainty that there is no possibility that adoption
of Municipal Code Amendment No. 2016-02 may have a significant effect on the
environment. These findings are based on the fact that the proposed amendment is
mandated by the State of California, the revised Chapter 19.08 promotes the
CITY COUNCIL STAFF REPORT
MCA 2016-02 - Water Efficient Landscape Requirements
February 23, 2016
Page 5 of 5
conservation and efficient use of a natural resource (water) and that no new
development is authorized, no increase in density will occur, and no change in allowed
uses is proposed or authorized and no significant physical change in the environment
will occur.
Fiscal Impact
Costs have been incurred for staff time to research, draft and process the ordinance. No
increase in expenditures or revenues are anticipated as a part of this Municipal Code
Amendment.
Prepared by: Richard J. MacHott, LEED Green Associate
Planning Manager
Reviewed by: Grant Taylor
Director of Community Development
Approved by: Grant Yates
City Manager
Attachments:
1. Ordinance No. 2016-_____: An Ordinance of the City of Lake Elsinore,
California, Amending and Restating Title 19, Chapter 19.08 of the Lake
Elsinore Municipal Code Regarding Water Efficient Landscape Requirements
2. EVMWD Adopted Water Efficient Landscape Standards
3. Current LEMC Chapter 19.08
4. E-mail from EVMWD dated February 3, 2016