LIVERMOREPLANNING COMMISSION AGENDA REPORTTO:Chairperson West <strong>and</strong>Members of the Planning CommissionPREPARED BY: Frank Guido, Associate PlannerREVIEWED BY:Paul Spence, Principal PlannerScott Lee, Senior PlannerDATE: October 19, 2010SUBJECT:Municipal Code Amendment 09-005 (amendment of WaterEfficient L<strong>and</strong>scape <strong>Ordinance</strong>)SUMMARY RECOMMENDATION<strong>Staff</strong> recommends the Planning Commission recommend the City Council introduce anordinance amending Municipal Code, Chapter 13.25, Water Efficient L<strong>and</strong>scapes.BACKGROUNDIn July 1992, the State of California enacted the Water Conservation in L<strong>and</strong>scaping Act(Assembly Bill 325), resulting in a State Model Water Efficient L<strong>and</strong>scape <strong>Ordinance</strong> witha requirement for cities to adopt an equivalent ordinance. In December 1992, the Cityadopted an ordinance at least as effective as <strong>and</strong> closely adhering to the 1992 Statemodel, found at Chapter 13.25 of the Municipal Code, Water Efficient L<strong>and</strong>scaping(attached).In September 2006, the Governor signed Assembly Bill 1881 into law, which amendedthe original Water Conservation in L<strong>and</strong>scaping Act, including a requirement to updatethe Model Water Efficient L<strong>and</strong>scape <strong>Ordinance</strong>. In September 2009, the CaliforniaDepartment of Water Resources adopted a final updated model ordinance (Attached).The intent of the State's Model Water Efficient L<strong>and</strong>scape <strong>Ordinance</strong> is to achieveincreased l<strong>and</strong>scape water use efficiency in new development.16
Since the City did not adopt an ordinance locally by this past January 1, 2010, theupdated 2009 State model is effective until such time the City adopts its own localversion. <strong>Staff</strong> has prepared the attached amended Chapter 13.25 as the City's updatedWater Efficient L<strong>and</strong>scape <strong>Ordinance</strong>.It is beneficial for the City to adopt its own amended ordinance as it can balanceflexibilities with additional sustainable practices to result in an amended ordinance that isat least as effective or more effective than the updated State Model Water Efficient<strong>Ordinance</strong>; that can cross reference other l<strong>and</strong>scape related ordinances, policies, <strong>and</strong>codes; <strong>and</strong> that is reformatted <strong>and</strong> reorganized to integrate into our Municipal Codeformat.The goal of the Water Efficient L<strong>and</strong>scape <strong>Ordinance</strong> is to save water, which in turnsaves the l<strong>and</strong>owner in long-term water costs <strong>and</strong> is good for the environment. All otherjurisdictions in the State have a similar ordinance or use the State model, which createsconsistent st<strong>and</strong>ards for property owners <strong>and</strong> developers. This update does not changethe entitlement process for projects, the timeline for approval, nor create any new permitsor fees.In amending the City ordinance, staff consulted with Zone 7 Water Agency, CaliforniaWater Service Company, our own municipal Water Service, Livermore Area Recreation<strong>and</strong> Park District, a soil laboratory, the Irrigation Association, <strong>and</strong> a small selection ofirrigation auditors, l<strong>and</strong>scape designers including Gates <strong>and</strong> Associates, architects,l<strong>and</strong>scape maintenance companies, <strong>and</strong> builders to solicit input on the ordinance.PROJECT DESCRIPTION/ANALYSISSummary OverviewThe Model Water Efficient L<strong>and</strong>scape <strong>Ordinance</strong> places requirements on newl<strong>and</strong>scapes using very specific sets of requirements in l<strong>and</strong>scape <strong>and</strong> irrigation design.The requirements are specific as to establishing a water budget; estimating l<strong>and</strong>scapewater use from the expected water needs of selected plants; <strong>and</strong> determiningspecifications for soil management, irrigation system design, <strong>and</strong> grading.Side-by-Side Comparison DocumentAn 11-inch-by-17-inch document is provided in the packet, which consolidates <strong>and</strong>compares side-by-side the 2009 updated State model (with modifications recommendedby <strong>StopWaste</strong>.<strong>Org</strong> as explained below); existing Municipal Code Chapter 13.25 text; <strong>and</strong>the proposed Municipal Code Chapter 13.25 recommended by staff for adoption toimplement the updated State Model Water Efficient <strong>Ordinance</strong>.Stopwaste.org is the Alameda County Waste Management Authority <strong>and</strong> the AlamedaCounty Source Reduction <strong>and</strong> Recycling Board operating as one public agency. Theside-by side comparison includes the State model with highlighted (italicized)27