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.
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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
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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.
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• 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.
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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
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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