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SR - RES-10915 -AGENDAITEM January 12, 2016 TO: Honorable Mayor and Members of the City Council THRU: Rick Otto Cif Manager FROM: Marie Knig Community Services Direct r r I ReviewedNerified B-v-- I City Manager Finance Dire! To Be Presented By: Marie Knight X Cons Calendar City Mgr Rpts 7 — Council Reports Legal Affairs _ Boards /Cmtes Public Hrgs Admin Reports Plan/Environ 1. SUBJECT Adopt Resolution No. 10915 - A resolution of the City of Orange amending City of Orange Landscape Standards and Specifications. 2. SUMMARY This Resolution repeals the current City of Orange Landscape Standards and Specifications and replaces it with a document that contains a revised Section IX (Water Efficient Landscapes) that is at least as effective as the State Model Water Efficient Landscape Ordinance ( MWELO) as mandated by Assembly Bill 1881. This revision is in response to Governor Brown's April 1, 2015 Drought Executive Order (B- 29 -25) that directed the California Department of Water Resources (DWR) to update the State's MWELO according to an aggressive timeline for drafting and implementing the new Ordinance, with the intent to expedite enactment of the new regulation. The City of Orange Landscape Standards and Specifications document is contained in the City of Orange Municipal Code, Chapter 16.50 (Section 16.50.040). 3. RECOMMENDATION Adopt Resolution No. 10915. 4. FISCAL IMPACT None. 5. STRATEGIC PLAN GOAL(S) 3. Enhance and promote quality of life in the community. c. Support and enhance attractive, diverse living environments. ITEM 2A.7 01/12/16 6. DISCUSSION and BACKGROUND BACKGROUND In 1992, the State of California enacted the Water Conservation in Landscaping Act, (AB 325) requiring the adoption of water efficient landscape ordinances by cities and counties throughout the state. To assist local agencies, the California Department of Water Resources (DWR) developed a Model Water Efficient Landscape Ordinance ( MWELO) that established water efficient landscape design standards for urban landscapes. This State MWELO served as a template for local agencies to utilize in the development of their own local water efficient landscape ordinance. Cities could adopt the DWR model ordinance outright, modify it to meet a city's local needs, or adopt an entirely different ordinance. The City of Orange did not adopt our own ordinance at that time and therefore was mandated to follow the regulations in the State MWELO. In 2006, Governor Schwarzenegger signed Assembly Bill 1881 (Land, Water Conservation) amending the Water Conservation in the Landscape Act. The bill required two new things: 1) DWR is to update the original MWELO; and 2) cities and counties are to update local Landscape Ordinances by January 1, 2010 so that they are "at least as effective as" the State's updated MWELO. Orange County Model In 2009, a regional effort was embarked upon by a stakeholder group formed under the leadership of the Municipal Water District of Orange County (MWDOC) and the Orange County Division of the League of California Cities. The goal of the stakeholder group was to draft a locally- crafted Orange County Model Water Efficient Landscape Ordinance (OC Model) that meets the requirement of being "at least as effective" as the State's MWELO, in order to minimize the complexity and cost of compliance, and provide consistency between local jurisdictions. In December 2009, the Orange City Council adopted Resolution No. 10413 to repeal and replace the City's Landscape Standards and Specifications. This revised document included a new section (Section IX Water Efficient Landscapes) that contained the entire text of the OC Model, with modifications formatting it to fit the City's document. This effectively met the State's requirement that local agencies draft an ordinance that is "at least as effective" as the State's MWELO. DISCUSSION On April 1, 2015, Governor Brown issued Drought Executive Order B -29 -25 which directed the DWR to update the State's MWELO through an expedited regulation. The Governor, through his order, established an aggressive timeline for drafting and implementing the new ordinance, with the intent to expedite enactment of the new regulation. In response to the Governor's Order, a stakeholder group formed once again under the leadership of the Municipal Water District of Orange County (MWDOC) and the Association of California Cities of Orange County (ACCOC), producing an updated OC Model and guidelines for city consideration in pursuing adoption of their 2 ITEM 01/12/16 local ordinance that meets the State's new, updated MWELO. This foundational work once again resulted in costs savings to the City for ordinance development and legal review. Guiding Principles for Orange County Model The stakeholder group finalized an updated OC Model for Orange County cities in October, 2015. There were three broad policy principles that drove the Technical Drafting Committee: 1) To protect local control and mitigate the creation of increased layers of government and oversight. 2) To ensure as much simplicity, efficiency, and flexibility as possible. 3) To provide for as much consistency among OC cities as possible, while mitigating the negative impacts that many different ordinances would have on the recovery of the building industry and the economy in general. City staff recommends that the City Council adopt the ordinance language drafted through this regional effort that more closely aligns with the local environment and other factors that Orange County cities face. Analysis of New or Changed Requirements The requirements of the new state MWELO distinguishes between new and rehabilitated landscape projects, changes the size of projects which would need to comply, and provides additional detailed specifications on how the proposed landscape must be designed and installed. The requirements apply to all commercial and residential projects, and would be effective upon adoption of the Ordinance, or in our case, upon the adoption of the Resolution which modifies the City's Landscape Standards and Specifications. Below is a summary of the significant new or changed requirements. In addition to final revised Landscape Standard and Specifications that are attached for adoption by the Council, Attachment 3 is a version of the specifications showing in `tracked changes" the detail of all of the changes that have been made. Size of Project Landscape Area Subject to the Ordinance The new MWELO revises the threshold for new landscape projects and creates a category for rehabilitated landscape areas, which did not previously exist. • The previous thresholds for new landscape projects were 2,500 sq. ft. for commercial and 5,000 for residential. The new requirements apply to new commercial and residential landscaped areas of 500 sq. ft. or more. • The new threshold created for rehabilitated landscape projects is 2,500 sq. ft. for both commercial and residential projects. New Requirement for More Efficient Irrigation Systems • Dedicated landscape water meters or submeters are required for landscapes of a certain size. 3 ITEM 01/12/16 • Irrigation systems are required to have pressure regulators and master shut -off valves, and only high efficiency sprinklers may be installed. • Flow sensors that detect and report high flow conditions due to broken pipes and /or popped sprinkler heads are required for landscape areas of a certain size. • A minimum width of areas that can be overhead irrigated was changed from 8 feet to 10 feet; areas less than 10 feet wide must be irrigated with subsurface drip or other technology that produces no overspray or runoff. New Incentives for Graywater Usage Landscapes under 2,500 sq. ft. that are irrigated entirely with graywater or captured rainwater are subject only to the irrigation system requirements of Appendix D of the MWELO Prescriptive Compliance Option. New Improvements in Onsite Stormwater Capture Soil that crumbles easily and percolates water, and compost is required in all planted areas to maximize water retention and infiltration. Revised Requirements Limiting the Portion of Landscapes that can be Planted with High Water Use Plants • A water allowance and a limited percentage of high water use plants are now specified. • Changes to the irrigation efficiency of devices used to irrigate landscapes. • Use of high water use plants in median strips is forbidden and the use of cool season turf is limited. New Reporting Requirements All local agencies must report on the implementation and enforcement of their ordinances to DWR by December 31, 2015. Local agencies like Orange developing a regional ordinance will report on their adopted regional ordinance by March 1, 2016. Reporting for all agencies will be due by January 31 st of each year thereafter. Options for Adoption The AB 1881 legislation gives cities and counties two options to choose from for adopting the landscape design requirements, including adoption via ordinance or resolution. Most Orange County cities are planning to rescind their existing ordinance and replace it with a new ordinance. City staff recommends the City of Orange comply with the legislation by adopting a resolution repealing the "City of Orange Landscape Standards and Specifications" which is included by reference in the City of Orange Municipal Code Chapter 16.50, and replacing it with a new and revised document to incorporate all of the elements of the OC Model into the existing City of Orange Landscape Standards and Specification document. A follow -up item prepared by Community Development will also be submitted to the City Council for adoption at a later date as a clean -up item, amending the Zoning Code to change the reference to these new standards. Cl ITEM 01/12/16 The new regulations will be effective immediately upon adoption of Resolution No. 10915. Community Services staff has coordinated with Community Development staff with regard to these new regulations, which will be communicated to the public via the City website and a handout at the public counter. The City of Orange will also need to comply with these regulations for all City landscaped areas designed and installed in the future. 7. ATTACHMENTS 1. Resolution No. 10915 2. City of Orange Landscape Standards and Specifications — Revised 2016 3. City of Orange Landscape Standards and Specifications - Revised 2016, tracked changes detail 5 ITEM 01/12/16 RESOLUTION NO. 10915 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING THE CITY OF ORANGE LANDSCAPE STANDARDS AND SPECIFICATIONS. WHEREAS, Governor's Brown April 1, 2015 Drought Executive Order (B- 29 -25) directed the California Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through an expedited regulation; and WHEREAS, the State legislature has found that the waters of the State are of limited supply and subject to ever increasing demands; and WHEREAS, the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; and WHEREAS, it is the policy of the State to promote the conservation and efficient use of water to prevent the waste of this valuable resource; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, Article X, Section 2 of the California Constitution specifies that "waste or unreasonable use... of water be prevented" and that "the right to water is ... limited to such as shall be reasonably required for the beneficial use to be served" and "such right does not and shall not extend to the waste or unreasonable of use of water "; and WHEREAS, Orange County has established a large reclaimed water infrastructure system; and WHEREAS, allocation -based water rate structures allow public agencies to document water use in landscapes; and WHEREAS, water use efficiency programs have been actively implemented within Orange County since before 1991; and WHEREAS, current local design practices in new landscapes typically achieve the State Model Water Efficient Landscape Ordinance water use goals; and WHEREAS, all water services within the City are metered; and