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ORDINANCE


NOANORDINANCEOFTHECITYCOUNCILOFTHECITYOFSANTAMARIACALIFORNIAAMENDINGCHAPTER12-44LANDSCAPESTANDARDSOFTITLE12OFTHESANTAMARIAMUNICIPALCODEFORTHESTATEMANDATEDWATEREFFICIENCYLANDSCAPEORDINANCEWHEREASGovern

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Document on Subject : "ORDINANCE"— Transcript:

1 ORDINANCE NO. AN ORDINANCE OF THE CITY C
ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MARIA, CALIFORNIA, AMENDING CHAPTER 12-44, LANDSCAPE STANDARDS, OF TITLE 12 OF THE SANTA MARIA MUNICIPAL CODE FOR THE STATE MANDATED WATER EFFICIENCY LANDSCAPE ORDINANCE WHEREAS, Governor Brown's Drought Executive Order of April 1, 2015 (E0 B- 29-15) directed the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (WELO) through expedited regulation; and WHEREAS, the California Water Commission approved the revised WELO Ordinance on July 15, 2015, which is applicable to all cities and counties in California; and WHEREAS, this State legislation permits local jurisdictions to adopt their own Water Efficient Landscape Ordinance which is at least as effective as the State WELO; and WHEREAS, the Planning Commission of the City of Santa Maria held a regularly scheduled study session on March 3, 2018, for the purpose of collecting information and background regarding the draft WELO; and WHEREAS, the Planning Commission held a regularly scheduled public hearing on June 6, 2018, for the purpose of formulating and forwarding a recommendation to the City Council regarding the proposed amendment (Z2015-0004); and WHEREAS, at the June 6, 2018, public hearing, the Planning Commission determined that the proposed Ordinance qualifies for a Class 7 Categorical Exemption (Section 15307) of the California Environmental Quality Act (CEQA) et. seq., as amended; and WHEREAS, at the June 6, 2018, public hearing, the Planning Commission heard and considered all evidence, including evidence presented in the staff report and all written and oral testimony, and voted 5-0 in favor of recommending approval of the proposed amendment (Z2015-0004) to the City Council; and WHEREAS, a duly noticed public hearing was held for the purpose of considering the proposed amendment (Z2015-0004) to the City of Santa Maria by the City Council on July 3, 2018; and WHEREAS, the City Council made no modi?cations to the proposed amendments that have not previously been considered by the Planning Commission; and WHEREAS, the proposed amendment (Z2015-0004) is consistent with the General Plan; and WHEREAS, notices of said public hearing were

2 made at the time and in the manner requi
made at the time and in the manner required by law. NOW, THEREFORE, IT IS HEREBY ORDAINED by the City Council of the City of Santa Maria, State of California, as follows: SECTION 1. Chapter 12-44 of the Santa Maria Municipal Code is hereby amended as follows: CHAPTER 12-44 LANDSCAPE STANDARDS Section 12-44.01. Purpose. It is the purpose of this division to prescribe the policies and regulations for landscape development that will provide for the creation of a water conserving, ?mctional and aesthetic outdoor environment, consistent with the Environmental Resource Management Element of the General Plan and Government Code Section 65590 et seq. (Water Conservation in Landscaping Act) ) and the California Department of Water Resources 2015 Model Water Ef?cient Landscape Ordinance Sections 490-495, Chapter 2.7, Division 2. Title 23 in the California Code of Regulations. In the event of any perceived or actual con?ict between the provisions of this subsection and the _p1‘0VlSi01'lS of the State’s Model Water Ef?cient Landscape Ordinance, the provisions of this subsection shall prevail. Section 12-44.02. De?nitions. Unless the context requires otherwise, the fol-lewi-ng—de?nitions of Chapter 12-2 of the City of Santa Maria Municipal Code and those de?nitions found in the State’s Model Water Ef?cient Landscape Ordinance, shall apply to this eghaptere. In the event of ambiguity between these sources, the City Code shall control. Section 12-44.03. Provisions and Applicability. cemetedes, . (be) The requirements of this eghapter are intended to integrate with other regulations and conform to other s§ections of the Code pertaining to setbacks, open space and the treatment of exterior spaces. In the event of ambiguity between this eghapter and another provision of this Code, the more restrictive provision shall control. (go) The Community Development Department shall evaluate all projects for conformance with these standards. (gt) Decisions of the Zoning Administrator are appealable to the Planning Commission. Decisions of the Planning Commission are appealable to the City Council, according to the appeal provisions of Chapter 41 of Title 12 of the Municipal Code. (eg) The following_private or publ

3 ic development projects within the City
ic development projects within the City of Santa Maria shall be required to comply with Section 492.4 of the California Department of Water Resources Model Water Ef?cient Landscppe Ordinance, which includes speci?c water use calculations. (1) New construction projects with an aggregate area of new landscape equal to or greater than 500 sguare feet, (2) Rehabilitated landscape projects with an aggregate landscape area mal to or greater than 2,500 square feet. (Q) Any project with an agggegate landscape area of 2,500 square feet or less may avoid speci?c water use calculations by conforming to the prescriptive measures contained in the State’s Model Water Ef?cient Landscape Ordinance, including projects that meet their Estimated Total Water Use entirely with either treated or untreated graywater, or through stored rainwater captured on site. (gi_) As reguired by State Law, at the time of ?nal landscape inspection, and prior to issuance of the ?nal Certi?cate of Building Occupancy, the permit applicant shall provide the Community Development Department and project property owner with a certi?cate of completion, certi?cate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance for the landscaping project. (hj) The following_private or public development projects within the City of Santa Maria are exempt from the speci?c requirements of the water budget provisions of the California Department of Water Resources 2015 Model Water Ef?cient Landscape Ordinance, but these projects are still pguired to meet all other landscaping requirements: (1) Registered local, state or federal historical sites; Q} Ecological restoration projects that do not require a permanent irrigation system‘, Q) Mined-land reclamation projects that do not require a permanent irrigation system: Section 12-44.04. Speci?c landscape design standards. Landscape plans shall re?ect the technical landscape standards of State’s Model Water Ef?cient Landscape Ordinance Sections 490-495, Chapter 2.7, Division 2, Title 23 in the California Code of Regulations. except as otherwise provided in this Chapter. In the event of any perceived or actual con?ict between the provisions of this Chapter and the provi

4 sions of the State’s Model Water Ef
sions of the State’s Model Water Ef?cient Landscape Ordinance, the provisions of this Chapter shall prevail. (a) Plant materials shall be appropriate for the slope, soils, proposed use, and exposure (sun/shade) of the speci?c site. Plant materials including turf shall be water conserving species or varieties capable of surviving on minimal irrigation once established. (b) Passive and/or active solar access, for all proposed structures, as well as any adjacent existing structures, shall be considered in the placement of trees and selection of species. (c) Mowed turf shall not be used in narrow planters, raised beds, and other relatively small planters. However, it may be used when it serves as a landscape ground cover in a functional active recreation area, a retardation basin, a pedestrian accessway, a parkway, a front yard of a residence, or a highly visible planter area adjacent to the street. (d) Non-living organic or inorganic materials, such as mulch or decorative rock, may be used to accent or complement the overall planting but in no case shall serve as the primary ground cover treatment. The inclusion of non-living materials as ground cover is acceptable, provided the proportion of plants to areas is one 5-gallon plant per twenty-?ve (25) square feet of planter area, or one 1-gallon plant per ten (l0) square feet of planter area. (e) Decorative paving and alternative ground covers, such as concrete, brick, wood pavers, pathway bark, wood chips, or turf block may be used to attractively landscape pathways, service areas, emergency vehicle accessways, or areas dif?cult to maintain. (f) Curbs, headerboards, pavers, and other decorative materials shall be used to reduce irrigation runoff into non-planted areas and to de?ne the boundaries of turf, planter areas, or property lines where fencing is not provided. (g) Protection and preservation of native species and natural areas shall be encouraged. (h) Water features shall be designed and maintained to use water ef?ciently and minimize water loss through evaporation. Pools, ponds, decorative fountains, and other similar ornamental water features shall use a recirculating water system. Water features shall be included as landscape area for calculation

5 of water use and subject to water use m
of water use and subject to water use maximums. (i) A minimum 3-inch layer of mulch shall be provided in all planted areas to reduce soil moisture evaporation and discourage weed growth. The thickness of mulch shall be determined at the plancheck stage based on the plant material proposed. The use of weed barrier cloth is encouraged. (1') On planted slopes of 3 :1 or steeper, jute mesh, straw matting, or comparable biodegradable material shall be used to control irrigation runoff, reduce soil erosion, and allow plants to become established. (k) When building and boundary walls are adjacent to planters, a minimum of one 15-gallon size tree per thirty (30) linear feet of wall shall be provided. (1) Parking areas shall be screened, so?ened and shaded by conformance to the following requirements: (1) A minimum of one 15-gallon tree shall be provided per six (6) parking spaces. Trees in planters adjacent to the parking area, as required by other §sections of this erd-inaneeChapter, may be utilized to meet this requirement. (2) Parking areas shall be adequately landscaped to prevent large, uninterrupted expanses of paving. A minimum of two-hundred (200) square feet of planter areas shall be provided within the parking area per twenty (20) parking spaces. (3) When the planter also serves as vehicular “overhang” area, a minimum width of four (4) feet of planting area per single row of parking and a minimum width of seven (7) feet of planting area per double row of parking shall be provided, unless more is required per other s§ections of Title 12, (Le. setbacks). (4) Three (3) foot high screening shall be provided using berms, shrubs, or a combination thereof, to screen parking areas from public streets. This does not preclude the use of trees in such areas as long as trees are planted a minimum of ten (10) feet from any driveway approach to avoid sight obstructions. (5) Special consideration shall be given to the placement of trees and shrubs in parking lot planters to maintain safe distances from vehicular travel ways, driveways, and walkways for . proper visibility. 4 (6) When selecting trees to be used in parking lot areas, the species chosen should be water conserving, low maintenance, litter~free,

6 evergreen, and deep rooted. Whenever po
evergreen, and deep rooted. Whenever possible, trees species providing a shade canopy are encouraged to aid in reducing the amount of re?ected heat in parking lot areas. (in) Storm water basins and features, when required, must be incorporated into the landscape scheme of a proposed project. The following requirements are intended to accomplish this objective: (1) No more than ??y percent (50%) of the required front setback landscaped area along the street frontage shall be encumbered for a retardation basin area unless the basin is less than one foot in depth. (2) The surface of the basin shall be provided with appropriate permanent ground cover and irrigation. (3) Retardation basins should be designed for recreational purposes where possible. Banks of the basin shall not exceed a 4:1 slope. Basins shall be designed with a minimum bottom slope of one percent (1%) to drain properly, except that a slope of 0.2% is allowed if a low ?ow nuisance water bypass is used (either underground pipe or one (1) foot wide ribbon gutter). When used for active recreational purposes, the bottom of the basins shall be planted with turf and shall be accessible for maintenance. (4) Retardation basins, when adjacent to public rights-of-way, shall receive tree and shrub planting at the ratio of one 15 gallon tree per twenty-five (25) linear feet of basin perimeter and one 5-gallon shrub per one-hundred (100) square feet of basin bank area to ensure a mitigating effect on visual impacts and integration with surrounding plantings. (5) Project applicants shall refer to the City of Santa Maria and the Central Coast Regional Water Quality Control Board’s Post-Construction Storm wWater Management Requirements for infonnation on applicable storm water technical requirements. (n) The location, size and species of all existing trees in excess of six (6) inches in diameter and any existing street trees, shall be indicated on landscape plans submitted to the City. Existing trees shall be retained unless the ?nding can be made by the City Parks Department staff that the preservation of the tree presents a hazard to the health, safety and general welfare of the public or cannot be reasonably accommodated by the proposed development. (1

7 ) The grades around existing trees desig
) The grades around existing trees designated to remain shall not be altered more than three (3) inches within the area from the trunk to the canopy dripline. (2) Pavement within the canopy dripline of existing trees should not exceed twenty-?ve percent (25%) of the area of the canopy. (3) Existing trees that are approved for removal shall be replaced by suitable species sized as follows or as approved by the Zoning Administrator: Size of Tree Removed Replace With Two 24" box size trees (3 ” to 5" trunk diameter) 6” to 8" trunk diameter (at 4’ 6" height) 9" to 12" trunk diameter (at 4' 6" height) l2"+ trunk diameter Four 24" box size trees (3" to 5" trunk diameter) Six 24" box size trees 5 (at 4’ 6" height) (3 " to 5" trunk diameter) (pg) Special landscaping requirements may be imposed by the Planning Commission and/or City Council on certain major streets, such as Miller Street and College Avenue. This may include special requirements for the design of plantings, irrigation systems, walkways, and walls within the public right-of—way. (qp) Back?ow prevention devices, including ?re sprinkler devices, shall be identi?ed on the landscape plan and provided with adequate landscape screening. (rg) Clinging vines and/or vertical planting shall be provided on trash enclosure walls and any other masonry walls where appropriate to so?en the visual effects of the built environment and discourage graf?ti. (sr) All landscaping areas on the property and in the public parkway shall be permanently maintained with healthy, growing plant material, free from weeds, as shown on the approved landscape plan. Landscaping shall be watered in accordance with the approved maintenance and watering schedule that is incorporated into the landscape plan. (st) For the purpose of buffering and screening between two adjoining incompatible land uses as de?ned in the Land Use Element of the General Plan, such as residential and non-residential, the required setback areas shall be landscaped. (ta) All required front, rear and side yard areas shall include planted areas suitable for mitigating glare, noise and adverse views, and provide a soft, pleasing environment, The minimum proportion of open space to gross site ar

8 eas shall be in conformance with the req
eas shall be in conformance with the requirements speci?ed in other Ssections, but in no case shall the planted area be less than ?fteen percent (15%) of the site area in commercial and manufacturing districts and twenty-percent (20%) of the site area in multi-family residential districts. These percentages of planted areas are minimums and additional area may be required through the planned development permit or conditional use permit process. The Planning Commission may grant a reduction in landscape area through a Planned Development Permit in conformance with Section 12-35.201. In no case shall the total requirement for planted open space he met solely in the required front setback unless otherwise approved by the Plmming Commission. (gv) linfomation on drought tolerant plants, irrigation ef?ciency and water conservation measures is.available at the Community Development Department to assist in planning water ef?cient landscapes. Section 12-44.05. Speci?c Irrigation Design Standards. _The following standards related to the design of the irrigation system are intended to promote water conservation. Irrigation plans shall re?ect the technical standards of State’s Model Water Ef?cient Landscape Ordinance Sections 490-495, Chapter 2.7. Division 2. Title 23 in the California Code of Regulations, except as otherwise provided in this Chapter. In the event of any perceived or actual con?ict between the provisions of this Chapter and the provisions of the State’ s Model Water Ef?cient Landscape Ordinancegthe provisions of this Chapter shall prevail. (a) All projects shall include an automatic underground irrigation system. On-surface drip irrigation or temporary surface PVC pipe systems may be approved in special cases? 6 undeveloped land where stabilization planting and or seed mix is applied and irrigation is only necessary for the establishment period. (b) Plants with similar needs for water usage shall be grouped together in distinct hydrozones and irrigated by separate valves and controller stations. For example, lawn areas shall be irrigated separately from ground cover areas. Areas with sunny exposures shall be watered—irrigated separately from areas with shady exposures to prevent over wat

9 ering. (c) Soil type, slope, and in?ltra
ering. (c) Soil type, slope, and in?ltration rate shall be considered when designing irrigation systems and selecting equipment to limit waste?il runoff and overspray. All irrigation systems shall be designed to ensure the application of water at a rate that can be absorbed into the soil. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to in?ltration rates, to minimize or eliminate runoff. Conditions such as water ?owing onto adjacent property, into non-irrigated areas, structures, or hardscape areas are prohibited in accordance with Title 8, Section 8-l0-33 of the Municipal Code. ((1) To promote irrigation efficiency, irrigation systems shall be designed, maintained, and managed using such techniques as low-precipitation heads, drip irrigation, moisture sensing devices, rain sensing devices, check valves, and other water conserving techniques where appropriate. Whenever possible, irrigation shall be scheduled 1-0e09—a:m.—to avoid irrigating during times of high wind or high temperature. (e) Temporary irrigation systems may be used for undeveloped areas that have been hydroseeded with native or drought tolerant ground covers. These systems should be removed a?er the establishment period. Section 12-44.06. Submittal requirements. The proiect applcant for all new projects for public an private development incorporating landscaping shall submit a Landscape Documentation Package to the Community Development Dgartment. (a) The completeness of the Landscape Documentation Package is subiect to the determination of the Community Development Department. (lg) Landscape Documentation Package that includes the elements dwe?beki below. as described by the State’s Model Water Ef?cient Landscape Ordinance: (A1)_Landscape Design Plan. The Landscape Design Plan shall be prepared by a professional in a landscape related ?eld, consistent with State Law, pl&Hs—for—t-l=le—p1=ejeet—. (B;)AIrrigation Design Plan. The Irrigation Design Plan shall be prepared by a professional in a landscape related ?eld, consistent with State Law;; t-he-plans: (3)- Completed City of Santa Maria Water Ef?cient Landscape Worksheet

10 ; with calculations of the Maximum Appli
; with calculations of the Maximum Applied Water Allowance (MAWA) and the Estimated Total Water Use (ETWU ); (4)— Horticultural Soil Management Report. é9G Section 12-44.07. Other Plan requirements and review. _Preliminary, conceptual landscape plmsmays? be required for Discretionmy Permit applications where landscaping is rguired of the project, and E multiple family residential applications greater than four (4) units. These plans must be submitted to the Community Development Department for review and include the following: (a) A scaled concpptual landscape plan indicating the general locations of all existing and proposed trees, shrub massings, and ground covers. Actual plant names are not required to be speci?ed at this time. (b) Illustration of all walls, fences, sloped banks, berms, retardation basins, trash enclosures, site lighting, sewer laterals, utility transformers, street hardware, and other site elements that relate to or affect the overall landscape. (c) Notes describing the proposed method of irrigation. (d) Preliminary MAWA and ETWU calculations to demonstrate the proposed landscape design, plant selection, and irrigation methods are consistent with State’s Water Ef?cient Landscape provisions. Section 12-44.08. Certi?cate of Completion Package. Upon completion of the project improvements, a signed and completed City of Santa Maria Certi?cate of Completion form shall be provided to the Community Development Department prior to the ?nal inspection and approval of the development project. (31) A maintenance schedule by the landscape designer shall be included with the Certi?cate of Completion documenting that the landscage and irrigation system shall be regularly maintained to ensure water use efficiency. (b)—— An irrigation schedule by the landscape designer shall be included with the Certi?cate of Completion. For the ef?cient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water. (c) The Certi?cate of Completion shall certify that the landscape project has been installed per the approved Landscape Documentation Package, that the irrigation functions as designed to apply a total water use as estimated, an

11 d that copies of the irrigation schedule
d that copies of the irrigation schedule and maintenance schedule have been provided to the property owner. (d) The Certi?cate of Completion shall be signed by the signer of the landscape design plan, the signer of the irrigation desigpplan, or the licensed landscape contractor. Section 12-44.09. Other Landscape Provisions. (a) Residential developers shall use signs and written information to demonstrate the principles of water ef?cient landscapes described in this esdinaneeChapter at their model home areas. (l_) Signs shall be used to identify the model as an example of a water ef?cient landscape featuring elements such as hvdrozones. irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water ef?cient landscape: and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. These sigps shall be subject to the approval of the Community Development Department. (2) The residential developer shall Jrovide Information to each home purchaser about designing, installing, managing, and maintaining water ef?cient landscapes. (b) If the City identi?es excessive irrigation water use. or observes indications of a poorly performing irrigation system, the City of Santa Maria may request a property owner provide a landscape irrigation audit. (c) Recycled water systems and gray water systems may be used subject to City approval, and conformance with the State’s Model Water Ef?cient Landscape Ordinance. SECTION 2. EFFECTIVENESS. City Council hereby finds these amendments to Chapter 12-44 for the efficient use of water in the landscape to be as effective as the State WELO. SECTION 3. SEVERABILITY. Should any provision, section, paragraph, sentence or word of this Ordinance be declared invalid by any court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable. SECTION 4. ENVIRONMEN

12 TAL DETERMINATION. In accordance with th
TAL DETERMINATION. In accordance with the City of Santa Maria Environmental Procedures and Section 15307 of the California Environmental Quality Act, and based on substantial evidence in light of the entire record, the Community Development Department has determined that the regulatory process to be established by the amendment to the zoning code involves procedures for protection of water as an environmental resource, and that there is no possibility that the proposed amendment will have a significant effect on the environment. Therefore, the proposed ordinance quali?es for a Class 7 Categorical Exemption (Section 15307) of the California Environmental Quality Act (CEQA). SECTION 5. The Chief Deputy City Clerk is hereby authorized to make minor changes herein to address clerical errors, so long as substantial conformance of the intent of this document is maintained. In doing so, the Chief Deputy City Clerk shall consult with the City Manager and City Attorney concerning any changes deemed necessary. 10 SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its passage. Within fifteen days following its passage, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in accordance with State Law; or when deemed necessary due to the length or complexity orthe Ordinance, cause a summary of the Ordinance to be prepared and published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted. If a summary is published at least five days prior to the City Council meeting at which the proposed Ordinance is to be adopted, then within 15 days after adoption of the Ordinance the City Clerk shall publish a summary of the Ordinance with the names of those City Council Members voting for and against the Ordinance and shall post a certi?ed copy of the full text of such adopted Ordinance along with the names of those City Council Members voting for and against the Ordinance. INTRODUCED at a regular meeting of the City Council held this 3'“ day of July 2018, by the following roll call vote: AYES: NOES: ABSENT: ABSTAINED: Mayor ATTEST: Chief Deputy City Clerk APPROVE AS TO CONTENT: Departmeg Head City Mangger