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O2498Council Meeting: November 10, 2015 Santa Monica, California ORDINANCE NUMBER 2qql� (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA UPDATING CHAPTER 8.108 SUBPART A 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 1 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, the City of Santa Monica has a goal to be water self-sufficient by 2020; 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 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 Pian; and 4 WHEREAS, Government Code Section 65595 mandates the creation of an updated statewide 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 state-wide model ordinance; and WHEREAS, the Governor's Executive Order (B-19-25) required the State Model Water Efficient Landscape Ordinance to be updated in response to the historic drought in California; and WHEREAS, on July 15, 2015 the State Model Water Efficient Landscape Ordinance was updated; 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; and WHEREAS, requiring prescriptive landscape measures meets in lieu of a water budget meets and, in some instances, exceeds the State Model Water Efficient Landscape Ordinance's conservation targets; and WHEREAS, prohibiting inefficient irrigation devices, such as overhead sprinklers, will conserve potable water resources and prevents unnecessary urban runoff-, and WHEREAS, prohibiting high water using turf grass on commercial properties and on public street medians will also serve to conserve potable water resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: 3 Section 1. 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 A of this Chapter, the following words or phrases shall be defined as follows: (a) Maintenance. The upkeep of any landscaped area, landscaping or irrigation system. (b) Modifications. Replacement or addition to any existing landscaping or irrigation system. Code. (c) New Development. New construction projects as defined by Article IX of this Section 2. Section 8.108.100 of the Santa Monica Municipal Code is hereby amended to read as follows: 8.108.100 Requirements. (a) All New Development 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. rd (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: landscape plan, hydrozone matrix, irrigation 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. (3) No final 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 New Development 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) New water feature installations must comply with the requirements of the Water Features Section of the adopted Water -Efficient Landscape and Irrigation Standards. Section 3. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 5 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 4. 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 5. 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: MARSHA JONES MOUTR City ttorney , C. Approved and adopted this 10th day of November, 2015. Kevin McKeown, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2498 (CCS) had its introduction on October 27, 2015, and was adopted at the Santa Monica City Council meeting held on November 10, 2015, by the following vote: Ayes: Councilmembers; Davis, Himmelrich, O'Connor, O'Day, Winterer Mayor McKeown, Mayor Pro Tem Vazquez Noes: Councilmembers: None Absent: Councilmembers: None A summary of Ordinance No. 2498 (CCS) was duly published pursuant to California Government Code Section 40806, ATTEST: arah P. Gorman, City Clerk