HomeMy WebLinkAbout09 - OB-1 - Ordinance No.16-03 for Code Amendment CO - 3/1/2016CITY COUNCIL AGENDA REPORT
MEETING DATE: MARCH 1, 2016
ITEM NUMBER: OB -1
SUBJECT: SECOND READING OF ORDINANCE NO. 16-03 FOR CODE AMENDMENT CO -15-05: AN
AMENDMENT TO TITLE 13 OF THE COSTA MESA MUNICIPAL CODE RELATED TO
WATER EFFICIENT LANDSCAPE PLAN AND RELATED GUIDELINES
DATE: FEBRUARY 17, 2016
FROM: PLANNING DIVISION/DEVELOPMENT SERVICES DEPARTMENT
PRESENTATION BY: MINOO ASHABI, PRINCIPAL PLANNER
FOR FURTHER INFORMATION CONTACT: MINOO ASHABI, AIA (714) 754-5610
minoo.ashabi@costamesaca.gov
RECOMMENDATION
Give second reading to Ordinance 16-03 to adopt Code Amendment CO -15-05 amending
Costa Mesa Municipal Code Title 13 Chapter VII, Landscape Standards,
BACKGROUND
On February 16, 2016 the City Council gave first reading to Ordinance No. 16-03 by a 4-
0 vote (Councilmember Foley absent). The proposed ordinance and related guidelines
(adopted by resolution) are prepared in compliance with the latest state model ordinance
requirements (Water Efficient Landscape Ordinance) prepared by Department of Water
Resources as directed by Governor's Executive Order issued on April 1, 2015.
MINOO ASHABI, AIA
Principal Planner
Attachment: Ordinance No. 16-03
GARY ARMSTRONG, AICP
Economic and Development Services
Director
ATTACHMENT 1
ORDINANCE NO. 16-03
AN ORDINANCE OF THE CITY COUNCIL OF COSTA
MESA, CALIFORNIA ADOPTING ZONING CODE
AMENDMENT CO -15-05, AMENDING TITLE 13, CHAPTER
VII, LANDSCAPE STANDARDS OF THE COSTA MESA
MUNICIPAL CODE REGARDING WATER EFFICIENT
LANDSCAPE STANDARDS
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, consistent with the findings of the State Legislature, the City Council
finds that the waters of the State are of limited supply and are subject to ever increasing
demands;
WHEREAS, landscape design, installation, maintenance, and management can
and should be water efficient;
WHEREAS, Article X, Section 2 of the California Constitution specifies that the
right to use water is limited to the amount reasonably required for the beneficial use to be
served, and the right does not and shall not extend to waste or unreasonable method of
use of water;
WHEREAS, allocation -based and tiered water rate structures allow public agencies
to document water use in landscapes;
WHEREAS, all water services within the City are metered and billed based on
volume of use;
WHEREAS, Costa Mesa is served by two water purveyors, Irvine Ranch Water
District (IRWD) and Mesa Consolidated Water District (Mesa). IRWD is implementing
budget- based tiered -rate billing and/or enforcement of water waste prohibitions for all
existing metered landscaped areas throughout its service area, which includes a portion of
City containing business and industrial parks south of the 405 Freeway. Mesa is
implementing enforcement of water waste prohibitions for all existing metered landscaped
areas within its jurisdiction by Water Conservation Ordinance No. 46 adopted on
November 12, 2015, which limits the watering and irrigation of landscaping to one day a
week;
WHEREAS, On January 19, 2010, the City Council adopted Water Efficient
Landscape Ordinance and corresponding Guidelines consistent with the requirements of
AB 1881;
WHEREAS, the purpose of the amendment to City's Water Efficient Landscape
Ordinance and Guidelines is to establish an alternative model acceptable under Governor
Brown's April 1, 2015 Drought Executive Order (B-19-25) as being at least as effective as
the State Model Water Efficient Landscape Ordinance in the context of conditions in the
City in order to:
1. Promote the benefits of consistent landscape ordinances with neighboring local
and regional agencies;
2. Promote the values and benefits of landscapes while recognizing the need to
invest water and other resources as efficiently as possible;
3. Establish a structure for planning, designing, installing, and maintaining and
managing water efficient landscapes in new construction and rehabilitated
projects;
4. Establish provisions for water management practices and water waste
prevention for existing landscapes;
5. Use water efficiently without waste by setting a Maximum Applied Water
Allowance as an upper limit for water use and reduce water use to the lowest
practical amount; and
6. Encourage the use of economic incentives that promote the efficient use of
water, such as implementing a budget -based tiered -rate structure, providing
rebate incentives and offering educational programs.
WHEREAS, on February 16, 2016, City Council of the City of Costa Mesa held a
duly -noticed public hearing and considered the staff report, recommendations by
Planning Commission and the City Attorney, and public testimony regarding
amendments to Title 13, Chapter VII of the Costa Mesa Municipal Code and the
Guidelines attached as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Title 13, Chapter VII, Section 13-101 of Costa Mesa Municipal Code is
hereby amended as follows:
(a) The provisions of this chapter apply to all zoning districts in the City, except R-
1.
(e) The Water Efficient Landscape Guidelines shall apply to projects that meet
the following criteria unless exempted pursuant to the Water Efficiency
Landscape Guidelines:
1. New landscape projects with an aggregate landscape area equal to or
greater than 500 square feet, requiring a building permit or landscape
permit, plan check or design review;
2. Rehabilitated landscape projects with an aggregate landscape area
equal to or greater than 2,500 square feet, requiring a building or
landscape permit, plan check or design review.
3. New or rehabilitated landscape projects with an aggregate landscape
area of 2,500 square feet or less may comply with the performance
requirements of this ordinance or conform to the prescriptive measures
contained in Appendix A of the Guidelines;
4. New or rehabilitated projects using treated or untreated graywater or
rainwater capture on site, any lot or parcels within the project that has
less than 2,500 square feet of landscape area and meets the lot or
parcel's landscape water requirement (Estimated Total Water Use)
entirely with the treated or untreated graywater or though stored
rainwater capture on site is subject only to Appendix A of the
Guidelines.
(d) This water Efficient Landscape Ordinance does not apply to:
1. Registered local or state historical sites;
2. Ecological restoration projects that do not require a permanent irrigation
system;
SECTION 2: Title 13, Chapter VII, Section 13-106 of the Costa Mesa Municipal Code is
hereby amended as follows:
(a) All required landscaped areas, including landscape areas within parking lots, shall
consist of drought tolerant plan material and shall meet the following minimum
requirements:
(4) Groundcover: At least 70 per cent of all landscaped areas containing
trees and shrubs shall be underplanted with groundcover, with the
remaining areas to incorporate a layer of uncontaminated compost or
mulch as required per Water Efficient Landscape Guidelines. Decorative
(commercial) bark is not acceptable. Groundcover shall be planted in a
triangular -spaced pattern to ensure 100 percent coverage within one year
of planting. A minimum 2 -foot diameter clearance, measured from each
tree trunk, shall be maintained free of groundcover or turf. Uncontaminated
shredded mulch or compost shall be applied and maintained in these
areas.
(5) Turf: Turf incorporated into the landscape design shall not exceed
thresholds established by the Guidelines, except for active play areas such
as parks, sports fields and golf courses. All turf shall be of a drought
tolerant variety. Redwood headerboard, or other material acceptable by
the planning division, shall be installed to separate turf from planter and
groundcover areas.
SECTION 3: Title 13, Chapter VII, Section 13-107, as follows:
"Sec. 13-107. IRRIGATION REQUIREMENTS
(a) Irrigation and drip systems shall be provided in accordance with Section 2.5 of
the Water Efficient Landscape Guidelines. All landscaped areas as specified in
the Guidelines shall be provided with an approved irrigation system
Landscaped areas with an automatically time -controlled sprinkler system when
the site is zoned commercial or industrial, or when the site is zoned residential
and permits more than 2 dwelling units.
(b) Irrigation system: The Irrigation and/or drip system shall consist of
underground piped water lines with low water flow sprinklers and/or a drip or
trickle irrigation system as specified in the Guidelines. The system chosen
shall be designed to provide adequate coverage to all plant material, existing
and proposed. Water meter and line sizes shall be calculated from total water
demand, which should be, at least, the sum of the maximum irrigation demand
and all building demand. Due to varying irrigation requirements, separate
control valves and/or sprinkler/emitter heads shall be used when shrubs and
turf all appear on the same landscape plan. The irrigation system shall be
designed so that overspray, runoff, and low -head drainage onto streets,
sidewalks, windows, walls, and fences are minimized. Automatic systems for
watering cycles shall be scheduled to maximize ground infiltration rates and
further minimize runoff.
SECTION 4: ENVIRONMENTAL DETERMINATION. The project has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b) (3) (general rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage of
this ordinance amending the Municipal Code will have a significant effect on the
environment.
SECTION 5: INCONSISTENCIES. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this ordinance, to the extent of such
inconsistencies and or further, is hereby repealed or modified to the extent necessary to
affect the provisions of this ordinance.
SECTION 6: APPLICABILITY. The provisions of this ordinance shall be applicable to all
properties within City limits as applicable noted hereto.
SECTION 7: SEVERABILITY. If any provision or clause of this ordinance or the
application thereof to any person or circumstances is held to be unconstitutional or
otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
other provisions or clauses or applications of this ordinance which can be implemented
without the invalid provision, clause or application; and to this end, the provisions of this
ordinance are declared to be severable.
SECTION 8: PUBLICATION. This Ordinance shall take effect and be in full force thirty
(30) days from and after the passage thereof, and prior to the expiration of fifteen (15) days
from its passage shall be published once in the ORANGE COAST DAILY PILOT, a
newspaper of general circulation, printed and published in the City of Costa Mesa or, in the
alternative, the City Clerk may cause to be published a summary of this Ordinance and a
certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five
(5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after
adoption, the City Clerk shall cause to be published the aforementioned summary and shall
post in the office of the City Clerk a certified copy of this Ordinance together with the
names and member of the City Council voting for and against the same.
PASSED AND ADOPTED this day of 2016.
Stephen Mensinger, Mayor
ATTEST:
Brenda Green
City Clerk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF COSTA MESA )
CITY OF COSTA MESA )
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, California, do hereby
certify that the foregoing Ordinance was introduced at the regular meeting of the City
Council held on the day of , 2016, and thereafter at the regular meeting of
said City Council duly held on the day of 2016, was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Brenda Green
City Clerk of the City of Costa Mesa