CITY COUNCIL: Resolution Adopting Findings for City's Landscape Ordinance

Meeting Date: 1 December 2009
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of a Resolution adopting findings that the City’s Landscape Ordinance is at least as effective at conserving water as the Department of Water Resources’ (DWR) Updated Model Water Efficient Landscape Ordinance (UMWELO).

Description: The Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010. This Act requires jurisdictions to either adopt the UMWELO or adopt findings that their own ordinance is at least as efficient as the UMWELO at conserving water. The attached findings demonstrate that the City’s ordinance meets state standards.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The UMWELO does not apply to landscape areas less than 2,500 square feet in size for public or private developer projects and less than 5,000 square feet for homeowner projects. Because of Carmel’s small lot sizes, the vast majority of sites would be exempt from the landscape standards. The City’s ordinance applies to all sites,
however, regardless of size and requires 75% of new landscaping to be drought tolerant.

Decision Record: N/A

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 1 DECEMBER 2009
SUBJECT: CONSIDERATION OF A RESOLUTION ADOPTING FINDINGS THAT THE CITY’S LANDSCAPE ORDINANCE IS AT LEAST AS EFFECTIVE AT CONSERVING WATER AS THE DEPARTMENT OF WATER RESOURCES’ (DWR) UPDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE (UMWELO).

INTRODUCTION & BACKGROUND
The Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010. The Act requires jurisdictions to either adopt the attached Updated Model Water Efficient Landscape Ordinance (UMWELO), as prepared by the Department of Water Resources (DWR), or its own ordinance that is at least as effective at conserving water. State law indicates that if communities do not adopt its own ordinance, the UMWELO will automatically apply.

As part of the Local Coastal Program, the City adopted a citywide landscape ordinance in 2004. The ordinance is simple, user friendly and effective at conserving water. Some of the requirements include:

• All new landscaping on private property must be 75% native/drought tolerant plants.
• All plantings in the public rights-of-way must be native/drought tolerant.
• All irrigation systems must use low-output sprinkler heads and/or drip
irrigation.

By contrast, the UMWELO is complicated. The UMWELO, however, does not apply in at least three situations:
1) For public projects or private developer projects that include landscape areas less than 2,500 square feet.

2) For homeowner projects with landscape areas less than 5,000 square
feet; and

3) For landscape projects associated with historic resources.

If the City were required to adopt the UMWELO in place of its current ordinance, very little water would be conserved because very few projects would meet the minimum 2,500- to 5,000-square-foot landscape area requirements.

Staff has drafted the attached findings that indicate that the City’s landscape ordinance is at least as effective as the UMWELO.

RECOMMENDATION
Adopt the attached Resolution.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2009-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ADOPTING FINDINGS AND EVIDENCE THAT THE CITY’S LANDSCAPE ORDINANCE IS AT LEAST AS EFFECTIVE AT CONSERVING WATER AS THE DEPARTMENT OF WATER RESOURCES’ UPDATED MODEL WATER EFFICIENT LANDSCAPE ORDINANCE

WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides itself on its village character and environmental resources; and

WHEREAS, the City recognizes the significant water constraints of the Monterey Peninsula and the State as a whole; and

WHEREAS, the City has been an excellent example of water conservation and water use efficiency; and

WHEREAS, the Water Conservation in Landscaping Act of 2006 requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010; and

WHEREAS, in 2004, the City adopted a Landscape Ordinance and Design Guidelines establishing landscape requirements as part of its Local Coastal Program; and

WHEREAS, the City’s requirements were certified by the California Coastal Commission; and

WHEREAS, the City’s landscape ordinance is at least as efficient at conserving water as the Department of Water Resources updated Model Water Efficient Landscape Ordinance.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA does hereby:

1. Adopt the attached findings (Exhibit “A”).

2. Forward the findings to the Department of Water Resources.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 1st day of December 2009 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

________________________
SUE McCLOUD, MAYOR

ATTEST:

_______________________
Heidi Burch, City Clerk

Exhibit “A”
CITY COUNCIL OF CARMEL-BY-THE-SEA
FINDINGS FOR DECISION
WATER EFFICIENT LANDSCAPE ORDINANCE

FINDINGS OF FACT:
1. Assembly Bill 1881 was adopted by the State of California in 2006 and is known as the Water Conservation in Landscaping Act of 2006 (WCLA).

2. The WCLA requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010.

3. The Department of Water Resources (DWR) has prepared an updated Model Water Efficient Landscape Ordinance (UMWELO) for use by local governments.

4. Each local agency has until January 1, 2010 to adopt DWR’s UMWELO or its local water efficient landscape ordinance. If a local agency has not adopted its own ordinance on or before January 1, 2010, the UMWELO shall apply within the jurisdiction as of that date.

5. The City of Carmel-by-the-Sea adopted a landscape ordinance and landscape guidelines as part of its Local Coastal Program, which was certified by the California Coastal Commission in 2004.

6. The City’s ordinance conserves water by requiring all new landscaping to be 75% native/drought tolerant plants.

7. The ordinance conserves water by requiring all plantings in the public rights-of-way to be native/drought tolerant.

8. The ordinance conserves water by requiring irrigation systems to use low-output sprinkler heads and/or drip irrigation.

9. The City’s General Plan contains goals, objectives and policies regarding water resources and water conservation.

10. The City of Carmel-by-the-Sea incorporates a full-time City Forester to maintain and enforce the City’s landscape requirements.

FINDINGS FOR DECISION:
1. The City’s landscape ordinance applies to all sites within the City regardless of size, whereas the UMWELO only applies to sites with landscape areas of 2,500 square feet or more for public or private developer projects and 5,000 square feet or more for homeowner projects. If the UMWELO were applied in the City, very little water savings would occur because very few sites would meet the minimum 2,500 to 5,000 square foot landscape area requirements.

Evidence:
Carmel-by-the-Sea Municipal Code Chapter 17.34
UMWELO

2. The Single-Family Residential (R-1) District comprises approximately 55 percent of the total land area of the City. The vast majority of these sites are developed as 4,000 square foot lots of record. The City’s municipal code allows a floor area ratio of 45% and additional site coverage of 13%, or total ground coverage of approximately 58%. The remaining 42% is available for landscaping. On a standard 4,000 square foot lot, approximately 1680 square feet is available for landscaping. The vast majority of residential lots in the City would therefore be exempt from the UMWELO. In contrast, all sites are required to meet the City’s current landscape ordinance requirements. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.10
Carmel-by-the-Sea subdivision patterns
UMWELO

3. The commercial districts comprise approximately six percent of the total land area in the City. The vast majority of these sites are developed as lots of between 2000 and 4000 square feet. The municipal code allows for total building coverage of between 70 to 95%.

This leaves between 5 to 30% for landscaping. Again, the UMWELO would not apply to the vast majority of commercial sites because few if any would meet the minimum squarefoot landscape area requirements. In contrast, all sites are required to meet the City’s current landscape ordinance requirements. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.14
Carmel-by-the-Sea subdivision patterns
UMWELO

4. Parkland, roads, rights-of-way and other parks/opens space account for the remaining land area in the City. The majority of the park area in the City is natural open space such as Carmel Beach and Mission Trails Nature Preserve, which require little or not landscape irrigation. All plantings in the City’s rights-of-way are required to be native/drought tolerant.

Evidence:
Carmel-by-the-Sea General Plan
Carmel-by-the-Sea Municipal Code Chapter 17.34

5. The City of Carmel has an historic inventory that includes approximately 300 properties.

The UMWELO does not apply to historic sites. In contrast, the City’s landscape requirements do apply to historical sites. This demonstrates that the City’s ordinance will be at least as efficient as the UMWELO.

Evidence:
Carmel-by-the-Sea Municipal Code Chapter 17.34
Carmel-by-the-Sea Inventory of Historic Resources
UMWELO

DECISION:
The City of Carmel-by-the Sea’s landscape ordinance is at least as efficient at conserving water as the UMWELO. Therefore, there is no need to adopt the UMWELO.