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ORDINANCE NO. 3357 OF THE CITY OF CHULA VISTA AMENDING THE LANDSCAPE WATER CONSERVATION ORDINANCE, CHAPTER 20.12 OF THE MUNICIPAL CODE, TO COMPLY WITH STATE REQUIREMENTS TO INCREASE WATER EFFICIENCY FOR NEW AND RETROFITTED LANDSCAPES (SECOND READING AND ADOPTION)
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RECOMMENDED ACTION
Recommended Action
Council adopt the ordinance.
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SUMMARY
In response to the ongoing drought in California, the California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7 “Model Efficient Landscape Ordinance” was revised and approved by the California Water Commission on July 7, 2015. The action requires all municipalities and counties to either adopt the revised State’s Model Water Ordinance or to adopt an ordinance of equal or greater efficacy by December 1, 2015. The proposed revisions to the existing Chula Vista Landscape Water Conservation Ordinance meet the State requirements.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 7 categorical exemption pursuant to Section 15307 [Actions by Regulatory Agencies for Protection of Natural Resources] of the State CEQA Guidelines, because the proposed action seeks to implement a State mandate aimed at conserving the City's water resources through proper landscape design, installation, maintenance and water management techniques and standards. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
N/A
DISCUSSION
The current Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12 of the Chula Vista Municipal Code, came into effect January 1, 2010. The key principle was a requirement to compare and not exceed the anticipated water availability on a given landscape project with the estimated water use once the landscape and irrigation are installed.
Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance through expedited regulation.
The Executive Order called for revising the State’s Model Ordinance to increase water efficiency standards for new and retrofitted landscapes through:
• more efficient irrigation systems,
• greywater usage
• onsite storm water capture
• limiting the portion of landscapes that can be covered in turf
• lowering the amount of water allowance that can be applied to landscape
The Executive Order also requires reporting on the implementation and enforcement of local ordinances, with required reports due by December 31, 2015. Updating the ordinance to incorporate these elements will help stretch our limited water supplies.
The California Water Commission approved their revised model water ordinance on July 7, 2015 and released the final text to municipalities on Sept 15.
Local agencies (cities and counties) have until December 1, 2015 to adopt the Model Ordinance or adopt their own ordinance, which must be at least as effective in conserving water as the State’s Model Ordinance.
The revisions to the Chula Vista Landscape Water Conservation Ordinance (Chapter 20.12) incorporate the mandated state changes.
DECISION-MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.).
Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The objective of this ordinance touches on both Operational Excellence and Economic Vitality in that it promotes the conservation of water.
CURRENT YEAR FISCAL IMPACT
The requirement to update this ordinance was generated by the State of California, making it an unfunded mandate. The fiscal impact in the current year was the staff time associated with updating this ordinance.
ONGOING FISCAL IMPACT
Overall, the ongoing fiscal impact for maintaining a newly developed area of landscaping should lower water bills, however, the unit cost of water is increasing, making an accurate estimate problematic. The ordinance does require a more detailed level of administrative review on small jobs and the next Master Fee Schedule update should be revised to reflect these changes. Larger projects are reviewed with full cost recovery and will not affect the General Fund
ATTACHMENTS
Attachment 1. Public Hearing Notice
Attachment 2. Proposed revision to the Chula Vista Landscape Water Conservation Ordinance, Chapter 20.12
Attachment 3. Landscape Water Conservation Ordinance - strike out under line
Staff Contact: Mary Radley x3542