O2302Council Meeting 12-08-2009
ORDINANCE NUMBER 23oz (CCS)
(City Council Series)
Santa Monica, California
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
UPDATING CHAPTER 8.108 SUBPART B OF THE SANTA MONICA MUNICIPAL
CODE RELATED TO LANDSCAPING, LANDSCAPE IRRIGATION AND WATER
CONSERVATION
WHEREAS, in recent years there has been both worldwide and local concerns
raised about escalating water costs and the effects of global warming; and
WHEREAS, the State of California, including the City of Santa Monica, suffers
from recurring severe drought conditions and even during non-drought periods water is
a scarce resource throughouYSouthern California; and
WHEREAS, the City. of Santa Monica receives on average less than 15 inches of
precipitation annually and in some years precipitation can be as little as 3 inches; and
WHEREAS; in recent years the City ofSanta Monica has relied almost
exclusively on water imported from Northern California or from the Colorado River to
-meet its water needs; and
WHEREAS, the imported water supply from Northern .California and from the
Colorado River cannot be reliably depended upon by the City of Santa Monica due to
reoccurring drought conditions throughout the western United States, and due to federal
and state regulations limiting such water for urban uses; and
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WHEREAS, conservation of water is critically important if the City of Santa
Monica is to sustain itself, survive drought as well as emergencies and natural
disasters; and
WHEREAS, water shortage conditions within the State of California and within
the City of Santa Monica can arise on short notice as a result of drought, natural
disaster; or other emergency events that critically impact the availability of water. As a
result, the residents and business operators of the City of Santa Monica live under an
almost constant threat of water shortage; and
WHEREAS, inefficient irrigation devices and watering practices, particularly
related to maintenance of landscapes, result in the waste of ever scarcer water
resources; and
WHEREAS, high water-demanding plant materials represent enormous drains oh
the City's already limited water resources; and
WHEREAS, the City is committed to reducing inefficient use of water resources
for irrigation so as to maximize the availability of potable water for essential residential
and business uses; and
WHEREAS, the standards and requirements set forth in this ordinance are
consistent in principle with the goals, objectives, policies, land uses and programs
specified in the adopted General Plan; and
WHEREAS, Government Code Section 65595 mandates the creation ofan
updated state-wide model water efficient landscape ordinance, which would apply to all
municipalities in California, unless a local agency adopted a local water-efficient
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landscape ordinance that is, based on evidence in the record, at least as effective in
conserving water as the updated state-wide model ordinance; and
WHEREAS, the City of Santa Monica has a long standing commitment to
leadership in water and other resource conservation; and
WHEREAS, the City of Santa Monica is committed to exceeding the standards
set out in the state model water efficient landscape ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8.108 Subpart B of the Santa Monica Municipal Code is
hereby amended to read as follows:
Subpart B Landscape and Irrigation Efficiency, and Water Conservation
8.108.070 Purpose.
These regulations are intended to
1. Provide standards for quality and sustainability of Landscaping and. Irrigation
Systems related to Urban Runoff, water use efficiency, and landscape health
and diversity in all areas of the City.
2. Reduce and conserve the amount of potable and recycled water used for
landscape irrigation within the City.
3. Ensure that water used for landscape irrigation is used efficiently and
effectively.
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4. Reduce Urban Runoff, high water-demanding plant materials, inefficient
Irrigation Systems, and inefficient watering practices.
Nothing in this Chapter shall be interpreted as requiring irrigation on any lot or
premises or as repealing landscaping requirements that exist in other Sections of this
Code. These requirements are consistent with the goals, objectives, and policies of the
Sustainable City Plan and the General Plan.
8.108.090 Definitions
For purposes of Subpart B of this Chapter, the following words or phrases shall
be defined as follows:
(a) Hydrozone. A portion of the Landscaped Area having plants that are
grouped according to similar water needs based on microclimate, irrigation type and
plant water requirements among other factors. A Hydrozone may or may not be
irrigated.
(b) Impermeable Hardscape. Any form of pavement or other surface which is
not designed to permit water to pass through it to the soil below.
(c) Irrigation System. Any system, excluding Water Features, for distribution
of water through a pressurized system within the landscape area, including but not
limited to any system in which any portion is installed below .grade or affixed to any
structure.
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(d) Landscaped Area. Landscaped area, including Parkways, as defined by
Section 9.04.02.030.430 of this Code.
(e) Landscaping. Modification of the ground. surface with live planting
materials such as trees, shrubs, turf, groundcover or other horticultural materials; as
well as non-living materials such as mulch, synthetic turf, permeable hardscape, or
stone.
(f) Major Remodel. Repair, alteration or rehabilitation of any existing building
whereby the cost associated with such activities exceeds fifty percent of the building's
replacement cost, as defined by Section 8.84.040 of this Code.
(g) Maintenance. The upkeep of any Landscaped Area, Landscaping or
Irrigation System.
(h) Modifications. Replacement or addition to any existing Landscaping or
Irrigation System.
(i) Mulch. Any organic material such as leaves, bark, wood chips, straw,
compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite
left loose and applied to the soil surface for the beneficial purposes of reducing
evaporation, suppressing weeds, moderating soil temperature, and preventing soil
erosion.
Q) Parkway. The portion of the public right-of-way as defined by Section
7.24.030 of this Code.
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(k) Permeable Hardscape. Any form of pavement or other surface that allows
the passage of water and air through the material and into the underlying soil, such as
but not limited to, driveways, walkways, patios; streets and alleys.
(I) Public. Right-of-Way. As defined by Section 6:28.020 of this Code..
(m) Substantial Remodel. Alteration of or addition to an existing building as
defined by Section 9.04.18.085.
(n) Urban Runoff. Water and suspended or dissolved materials deposited on
surfaces and washed by storms or other sources of flowing water, through the flood
control system to the ocean.
(o) Water Feature. A design element in which open water performs an
aesthetic or recreational function. Water features may include ponds, lakes, waterfalls,
fountains, and streams, where water is artificially supplied. Constructed wetlands used
for on-site wastewater treatment or stormwater best management practices that are not
irrigated and are used solely for water treatment or stormwater retention are not water
features. Hot tub, spa, permanent swimming or wading pool are not considered water
features.
8.108.100 Requirements
(a) Major Remodel, Substantial Remodel or New. Construction projects,
including projects undertaken by a public agency, must comply with the following
requirements:
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(1) Compliance with the adopted Water-Efficient Landscape and
Irrigation Standards.
(2) Submission of plans and reports to the City for review and approval
prior to the installation of Landscaping and/or Irrigation System. The- required plans
under this subsection may include: Grading Plan, Urban Runoff Plan; Landscape Plan
with Hydrozone matrix, Irrigation Plan, Street Tree Protection Plan, and any other plans
or reports as deemed necessary by the Manager of the Office of Sustainability and the
Environment, consistent with the purpose and requirements of .this Subpart.
Notwithstanding the above, single family properties installing no Landscaping, other
than Mulch, and no Irrigation System are exempt from this plan submission
requirement.
(3) No certificate of occupancy or final building permit shall be issued
until the Landscaping and/or Irrigation System has been installed and demonstrated to
operate in full compliance with this Code.
(b) Modifications to any existing, Landscaping or Irrigation System or
installation of any new Landscaping or Irrigation System not associated with .Major
Remodel, Substantial Remodel or New Construction projects, including such activities
undertaken by a public agency, must comply with the adopted Water-Efficient
Landscape and Irrigation Standards.
(c) Maintenance of any existing Landscaping or Irrigation System, including
such Maintenance activities undertaken by a public agency, must comply with the
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Maintenance Section of the adopted Water-Efficient Landscape and Irrigation
Standards.
(d) Landscaped Areas maintained without an Irrigation System are exempt
from all Irrigation requirements of the adopted Water-Efficient Landscape and Irrigation
Standards.
8.108.104 Guidelines
The Manager of the Office of Sustainability and the Environment may issue
Guidelines, consistent with this Subpart's purpose; to implement this Subpart and to
implement the adopted Water-Efficient Landscape and Irrigation Standards.
Section 8.108.108 Penalties
(a) Civil Action. Any person, including the City, may enforce the provisions of
this Subpart by means of a civil action.
(b) Administrative Remedies. Any person who violates any provision of this
Subpart shall be subject to administrative fines and administrative penalties pursuant to
Chapter 1.09 and Chapter 1.10 of this Code.
(c) Nonexclusive Remedies and Penalties. The remedies provided in this
Subpart are not exclusive, and nothing in this Subpart shall preclude any person from
seeking any other remedies, penalties or procedures provided by law.
Section 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to -the .extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
Section 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
MAR A JON MOUTRIE ~L
City Attorney
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Approved and adopted this 8th day of November, 2009.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
Pam O'Connor, Mayor Pro Tem
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2302 (CCS) had its introduction on November 24th, 2009, and
was adopted at the Santa Monica City Council meeting held on December 8th, 2009, by
the following -vote:
Ayes: Council members:
Noes: Council members:
Abstain: Council members:
Absent: -Council members:
Bloom, Davis, McKeown, Shriver
Mayor Pro Tem O'Connor
Holbrook
None
Mayor Genser
A summary of Ordinance No. 2302 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
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Maria Stewart, City Clerk