O2386Council Meeting: January 10, 2012 Santa Monica, California
ORDINANCE NUMBER 2386 (CCS)
(City Council Series)
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 throughout Southern 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 of Santa 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
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 on
the City's already limited water resources; and
WHEREAS, water features with large surface areas require significant amounts
of water to refill, due to surface evaporation, thus creating an unnecessarily high water
demand on the City's 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
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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 of an
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
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, at its December 8, 2009 meeting, the City Council adopted a local
water efficient landscape ordinance which exceeds the standards set out in the state
model water efficient landscape 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 continues to be committed toward
exceeding the standards set out in the state model water efficient landscape ordinance;
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WHEREAS, botanical gardens, arboretums and historical sites within the City
serve important public purposes, including educating the public, preserving the City's
historical and cultural history, and fostering civic pride; and
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WHEREAS, exempting such sites from requirements of the City's water efficient
landscape ordinance is fully consistent with the above public purposes and with state
law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 8.108.080 of the Santa Monica Municipal Code is hereby
added to read as follows:
8.108.080 Exemptions.
This Subpart shall not apply to:
a) Registered local, state or federal historical sites; or
b) Plant collections, as part of botanical gardens and arboretums open to the
public.
Section 2. Section 8.108.090 of the Santa Monica Municipal Code is hereby
amended to read as follows:
8.108.090 Definitions.
For purposes of Subpart B of this Chapter, the following words or phrases
shall be defined as follows:
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(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.
(d) Landscaped Area. Landscaped area 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) Maintenance. The upkeep of any landscaped area, landscaping or irrigation
system.
(g) 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.
(h) Modifications. Replacement or addition to any existing landscaping or
irrigation system.
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(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.
0) Parkway. The portion of the public right -of -way as defined by Section
7.24.030 of this Code.
(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.
(1) 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. An outdoor 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
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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.
Section 3. Section 8.108.100 of the Santa Monica Municipal Code is hereby
amended to read as follows:
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:
(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.
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(3) No certificate of occupancy 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
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.
(e) New water feature installations must comply with the requirements of the
Water Features Section of the adopted Water- Efficient Landscape and Irrigation
Standards.
Section 4.. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 5. 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 6. 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:
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MAR HA JO ES MOU RIE
City Attorney
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Approved and adopted this 10th day of January, 2012.
Richard Bloom, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2386 (CCS) had its introduction
on December 13, 2011, and was adopted at the Santa Monica City Council
meeting held on January 10, 2012, by the following vote:
Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver
Mayor Pro Tern Davis, Mayor Bloom
Noes: Council members: None
Absent: Council members: None
A summary of Ordinance No. 2386 (CCS) was duly published pursuant to
California Government Code Section 40806.
ATTEST:
Denise Andersoh- Warren, Acting City Clerk