Title
Introduction of Ordinance Amending the Alameda Municipal Code by Amending Chapter 30 Clarifying Text Amendments to Sections 30-58 through 30-59.3 of the Zoning Ordinance Related to Water Efficient Landscaping. [The Proposed Amendments are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations]. (Community Development 481005) (15 minutes)
Body
To: Honorable Mayor and Members of the City Council
From: Jill Keimach, City Manager
Re: Introduction of Ordinance Amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to comply with new State Laws regarding water efficient landscaping. The proposed amendments are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15305, Minor Alterations to Land Use Limitations
BACKGROUND
An amendment to Article IV of Chapter 30 of the Alameda Municipal Code (AMC) is proposed in order to satisfy new State requirements for water conservation. To better address statewide drought conditions, Governor Brown issued an Executive Order on April 1, 2015, directing the State Department of Water Resources to update the State’s Model Water Efficient Landscape Ordinance (MWELO). The revised ordinance (Exhibit 1) was adopted by the State on July 15, 2015. Local agencies (cities and counties) have been instructed to adopt the MWELO or adopt their own ordinance by December 1, 2015. Until the City amends its own Water Conservation Landscaping regulations, the State MWELO is effective by default. Jurisdictions may adopt the MWELO, or create a custom ordinance to reflect local conditions, provided it is as eff-ective as the MWELO in regard to water conservation. See Exhibits 2 and 3 for additional information provided by the California Department of Water Resources.
The City’s initial Water Conservation Landscaping regulations were added to the AMC in 1992 as Article IV of Chapter 30. When first adopted, these water conservation rules only applied to City projects that involved installation of large landscaped areas, and not to private development projects. In June of 2012, Article IV was amended to apply to both City and private development projects and to integrate Bay-Friendly Landscape protocols that had been developed by the Alameda County Waste Management Authority (StopWaste). Additional amendments are now proposed to bring Article IV into compliance with the new State MWELO.
At the April 11, 2016 Planning Board meeting, the Board held a public hearing and recommended the City Council approve the proposed amendments. The Planning Board also directed staff to provide information on best practices in California to encourage graywater systems as discussed below.
DISCUSSION
There are currently several layers of water conservation regulations, developed by different agencies that inform this proposed amendment:
Current Requirements of Article IV: Water Conservation Landscaping
Currently, under Article IV, all new and rehabilitation projects in the City of Alameda that require submittal of a landscape plan must meet basic water conservation provisions. These provisions limit plant selection and plant spacing, and the size of turf and water areas. Soil conditioning and mulching practices are also prescribed for irrigation efficiency. In addition, California invasive plants identified for the Bay Area are prohibited.
More specific requirements are included for larger projects meeting the following thresholds:
1. New or rehabilitated commercial, industrial and developer-installed residential landscapes over 2,500 sq. ft.;
2. All new or rehabilitated residential landscapes over 5,000 sq. ft.; and
3. All new landscaping projects, or renovations of landscapes, owned or maintained by the City (or public/private partnerships) that have construction costs of $100,000 or greater. Cost thresholds are adjusted annually.
These larger projects must meet the minimum Bay-Friendly Landscape Guidelines as documented by a landscape scorecard to be completed by the applicant. Additionally, specific instructions are included for irrigations systems, soil testing, and development of a water budget.
Bay-Friendly Component
StopWaste developed the Bay-Friendly Landscaping program starting in 2005, and published the Bay-Friendly Landscape Guidelines, a guidebook written for the professional landscape industry to encourage conservation. It describes in detail the Bay-Friendly approach to landscaping developed around environmentally sustainable principles and practices that are tailored to the Bay Area. In October of 2011, the Alameda County Waste Management Authority mandated that all jurisdictions receiving Waste Import Mitigation Funding from Alameda County be required to apply the Bay-Friendly Basics Landscape Checklist for private landscape. The Checklist is a subset of the more comprehensive Bay-Friendly Landscape Scorecard. Because the City was receiving this funding in FY11-12 for its recycling program, Article IV was amended for compliance.
New State Model Water Efficient Landscape Ordinance
The MWELO is highly specialized and complex. The main objectives are to:
§ lower the thresholds for the size of landscape projects that are subject to the regulations thereby increasing potential land area under water conservation practices;
§ establish the documents and information that a project’s applicant must submit to the City for review in order to comply with the MWELO; and
§ set performance measures that all applicable projects must meet in the design, construction, irrigation, and maintenance of landscape areas.
The MWELO applies to new development projects that include new landscape areas of 500 sq. ft. or more, including residential, commercial, industrial and institutional projects. This is a sizable reduction from the previous threshold of 2,500 sq. ft. For rehabilitated landscape areas the threshold remains at 2,500 sq. ft.
In addition to the reduction of thresholds, the regulatory components of the MWELO include:
§ specific requirements for more efficient irrigation systems;
§ improvements to onsite stormwater capture;
§ limitations on high water-use plants;
§ incentives for graywater usage; and
§ annual reporting requirements by local jurisdictions to track compliance and to assess conservation results statewide.
Recommended Ordinance Amending Article IV
Staff’s recommended approach is to:
1. adopt the State’s MWELO by reference;
2. add the StopWaste recommendations;
3. establish local procedures for application submittal and review of projects that involve new or renovated landscape areas that meet the new MWELO thresholds; and
4. establish standard landscaping conditions of approval for design, construction, irrigation, and maintenance of landscape areas, to further implement the MWELO.
Adopt the State’s MWELO by reference
Staff recommends that the “most recently adopted MWELO” be incorporated into Article IV by reference, thereby avoiding the need for additional code amendments to comply with any future changes to the MWELO by the State.
To comply with the MWELO’s reduced thresholds, the proposed amendment would classify “covered projects” as being all projects with an aggregate landscape area equal to or greater than 500 sq. ft., and all projects with rehabilitated landscape areas equal to or greater than 2,500 sq. ft.
StopWaste Recommendations
StopWaste has compared the new MWELO to its Bay-Friendly Basics Landscape Checklist and found that the MWELO largely meets or exceeds it. However, additions and clarifications have been recommended by StopWaste to integrate Bay-Friendly practices that were not in the MWELO. These include provisions for diverting plant material from landfills, strengthening the provisions to discourage planting of invasive plant species, and a stipulation that plants located adjacent to obstructions, such as a wall, sidewalks, etc., be installed to accommodate their minimum spread. These recommendations are included in the proposed ordinance update.
Local Procedures for Application Submittal
Because the MWELO regulations are lengthy and complex, the burden will be on the applicant, assisted by third party professionals, to document project compliance. This will be done through a comprehensive set of checklists, worksheets and reports that comprise a Landscape Document Package (see Exhibit 4, Sample Submittal Checklist). This package will be completed and submitted to the City for review and approval prior to construction of any covered project. The proposed amendment would codify this requirement within Article IV, as well as establish a Landscape Document Package Checklist. The Landscape Document Package Checklist will be maintained by City staff to reflect the most recently adopted MWELO by the State, and will be a required submittal item for Design Review for all covered projects.
Standard Landscaping Conditions of Approval
A significant aspect of the new MWELO is the listing of performance measures that all covered projects must meet in the design, construction, irrigation, and maintenance of landscape areas. These performance measures reflect the current conditions impacting water availability within the state. As conditions change it is possible that the State will need to update the MWELO with different performance measures, whether they are more or less restrictive. Staff recommends that these performance measures be adopted within a Standard Landscaping Condition of Approval, which would be applied to all covered projects. This would allow the City to adapt to future amendments of the MWELO without the need for Zoning Text amendments.
Smaller Projects
For projects with new landscaped areas between 500 square feet and 2,500 square feet, the applicant has the option of instead complying with the MWELO’s Prescriptive Compliance Option. The Prescriptive Compliance Option has less intensive submittal requirements and performance standards. Appendix B of the Landscape Document Package has the submittal checklist for the Prescriptive Compliance Option, as well as the option’s standard conditions of approval. Smaller projects that utilize a graywater system or stored rainwater are only required to comply with condition #4 of the Prescriptive Compliance Option. Covered projects that will rehabilitate existing landscaped areas are not eligible for the Prescriptive Compliance option due to the 2,500 square foot threshold for rehabilitated landscaped projects.
Graywater Systems Implementation
The Planning Board directed staff to provide the City Council information on best practices in California to encourage graywater systems. Graywater is any household wastewater with the exception of wastewater from toilets, which may be used for on-site landscape irrigation. Graywater can come from a variety of appliances and devices such as sinks, washing machines, showers, and bath tubs. The use of graywater reduces reliance on potable water for outdoor irrigation. It also minimizes the amount of water that enters our wastewater collection system. Under the current California Plumbing Code, washing machine graywater systems can be constructed without a permit in single family homes, but other systems require a permit.
The results of preliminary research on graywater practices used by other California cities is provided in Exhibit 5. The list of options include:
1. Provide information on the City website and print materials
2. Reduce or waive fees for graywater plumbing installation
3. Fund a rebate program or free laundry-to-landscape water valve
4. Adopt an ordinance requiring pre-plumbing for new construction
5. Work with EBMUD to strengthen opportunities for use of graywater
Staff can provide public information on graywater systems in the Permit Center and on the City website. However, since California cities have been slow to adopt regulations on graywater systems, staff believes further study and evaluation of City programs in this area is necessary. Any further staff work on graywater systems would need to be prioritized with the Department’s work program.
FINANCIAL IMPACT
There is no financial impact to the General Fund to adopt an ordinance amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to comply with new State Laws regarding water efficient landscaping.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
The Zoning Ordinance is proposed to be amended consistent with the General Plan, Alameda Municipal Code, and State law.
ENVIRONMENTAL REVIEW
The proposed amendments to the Zoning Ordinance regarding water conservation landscaping are categorically exempt under California Environmental Quality Act (CEQA) Section 15305 - Minor Amendments to Land Use Limitations.
RECOMMENDATION
Adopt an Ordinance Amending Chapter 30 of the Alameda Municipal Code (Zoning Ordinance) to comply with new State Laws regarding water efficient landscaping.
Respectfully submitted,
Debbie Potter, Community Development Director
By,
Andrew Thomas, Assistant Community Development Director
Allen Tai, Planning Services Manager
Financial Impact section reviewed,
Elena Adair, Finance Director
Exhibits:
1. State Model Water Efficient Landscape Ordinance (MWELO)
2. California Department of Water Resources Memo
3. California Department of Water Resources Informational Brochure
4. Sample Submittal Checklist
5. Responses to Query on Gray Water Use