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Consider introducing an ordinance to add Chapter 13.5, Water Efficient Landscapes, to the Solano County Code to adopt the State’s Model Water Efficient Landscape Ordinance, California Code of Regulations, Title 23, Division 2, Chapter 2.7, consistent with State law; the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines §§ 15061(b)(3), 15307, and 15308
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Published Notice Required? Yes ____ No _X _
Public Hearing Required? Yes ____ No _X_
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Read the proposed ordinance by title only and waive further reading by majority vote;
2. Determine that the proposed ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines §§15061(b)(3), 15307 and 15308; and
3. Introduce an ordinance to add Chapter 13.5 Water Efficient Landscapes, to the Solano County Code to adopt the State’s Model Water Efficient Landscape Ordinance, California Code of Regulations, Title 23, Division 2, Chapter 2.7, consistent with State law.
SUMMARY:
The California Department of Water Resources adopted a Model Water Efficient Landscape Ordinance (MWELO) (23 C.C.R., §§490 et seq.) in July of 2015. The California Water Conservation in Landscaping Act (Gov. Code, §§65591-65599) requires local jurisdictions adopt either the MWELO or a local water efficient landscape ordinance that is equally effective as the MWELO at conserving water and preventing waste.
The proposed Ordinance will incorporate the MWELO by reference as the County’s Water Efficient Landscape Ordinance to ensure that the County remains compliant with State regulations as they may be amended from time to time. It will also improve clarity for residents and businesses in the unincorporated areas of Solano County regarding applicable water efficient landscaping requirements.
The proposed Ordinance will also bring the County into compliance with Senate Bill 1383, 2016 which requires the State to undertake regulatory actions to reduce short-lived climate pollutants (i.e. greenhouse gasses such as methane). To implement the legislation, the California Department of Resources Recycling and Recovery adopted regulations which require, among other things, that the County adopt an ordinance or similar enforcement mechanism that requires compliance with §§ 492.6(a)(3)(B), (C), (D), and (G) of the MWELO and annual reporting of the number of projects subject to the ordinance. The Department of Water Resources (DWR) also requires an annual report be submitted to the State via the WUEdata portal documenting Water Efficient Landscape Ordinance (WELO) permitting within the jurisdiction.
For these reasons, staff is recommending that an ordinance be brought forward to address the State requirements.
FINANCIAL IMPACT:
The costs associated with preparing the agenda item are nominal and absorbed by the Department’s FY2024/25 Working Budget.
DISCUSSION:
The proposed Solano County ordinance will adopt the MWELO, which DWR updates from time to time to address drought and build resiliency for future droughts. The MWELO is summarized below.
Applicability
The ordinance applies to the following landscape projects:
• New construction projects with a total landscape area greater than or equal to 500 sq. ft that require a building or landscape permit, plan check or design review.
• Rehabilitations of existing landscape projects with a total landscape area greater than or equal to 2,500 sq. ft that require a building or landscape permit, plan check, or design review.
• Exceptions:
o Registered local, State, or federal historical sites
o Ecological restoration projects that do not require a permanent irrigation system
o Mined-land reclamation projects that do not require a permanent irrigation system
o Existing plant collections, as part of botanical gardens and arboretums open to the public
• Smaller construction projects (between 500-2,500 SF) are eligible to apply using the Alternative Compliance Package, which is an abbreviated application and does not require landscape professional services, soil reports, or a site inspection.
Submittal Requirements
The WELO process includes a Design Phase and a Post-Construction Phase, both of which require certain submittals. The Design Phase occurs before landscape construction. It requires certain submittals concurrent with an applicant’s building permit application or other County review that triggered the WELO ordinance. The applicant must submit a Landscape Documentation Package by a licensed landscape professional which includes:
• Project Information
• Water Efficient Landscape Worksheet (hydrozone information table and water budget calculations)
• Soil Management Report
• Landscape Design Plan, Plant Legend and Specifications
• Irrigation Design Plan
• Grading Design Plan
The WELO imposes restrictions on projects related to landscape design, irrigation, and grading which must be captured in the Landscape Documentation Project. These include, but are not limited to the following:
• Compost: Project must incorporate compost at a rate of at least four (4) cubic yards per 1,000 SF to a depth of 6 inches into landscape area (unless contra-indicated by a soil test).
• Plant Water Use (Residential): Install climate adapted plants that require occasional, little or no summer water.
• Mulch: A minimum three-inch layer of mulch should be applied on all exposed soil surfaces of planting areas, except in areas of turf or creeping or rooting groundcovers.
• Turf: Total turf area shall not exceed 25% of the landscape area. Turf is not allowed in non-residential projects. Turf (if utilized) is limited to slopes not exceeding 25% and is not used in parkways less than 10 feet in width. Turf, if utilized in parkways is irrigated by sub-surface irrigation or other technology that prevents overspray or runoff.
• Stormwater Management and Rainwater Retention: Runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures shall be prohibited.
County staff will review the submittals and either approve or deny the Landscape Documentation Package. Upon approval of the Landscape Documentation Package, the County may approve the permit, plan check, or design review that triggered the WELO process.
The Post-Construction Phase occurs after the Landscape Documentation Package and the permit, plan check, or design review is approved by the County, and the landscape is installed. The project applicant shall then submit a Project Completion Package to the County for review, which includes:
• Certificate of completion
• As-built drawings (if necessary, to show significant changes made during construction)
• Irrigation scheduling parameters
• Irrigation and maintenance schedule
• Irrigation audit report
• Soil report (if not submitted during Design Phase) plus verification of implementation of soil report recommendations
The County will review the Project Completion Package and accompanying submittals. County staff will conduct a site visit using the Landscape Installation Checklist (alternative compliance projects are exempt from site visit requirement). Site visits should be conducted only after an irrigation audit and repairs are complete. The County will then either approve the Project Completion Package or request revisions and resubmittal. The approval shall be completed prior to issuing a Certificate of Occupancy, if applicable.
Education & Outreach
County staff will provide a WELO Resources Package to every applicant, and the WELO Resources Package will be available on Solano County’s website as well as partner agency websites. County staff will also make presentations (upon request) to local landscaping and construction association meetings.
Reporting, Monitoring, and Enforcement
The State’s WELO requirements include mandatory annual reporting. Staff time will be required annually to compile and submit the required report. Staff believes the reporting required can be accomplished using the County’s Accela permit management software.
The ordinance would be enforced by the Department of Resource Management when a building or landscape permit, plan check or design review is submitted. Post-construction enforcement will occur through the Certificate of Completion process and will rely on self-certification by the landscape architects and installers, who will be required to sign affidavits verifying that the landscape is designed and installed to comply with the ordinance. Self-certification is effective, as it requires professionals to sign against their license, who could then be subject to disciplinary procedures through their respective license governing boards. Auditing may also be conducted to better demonstrate compliance with the ordinance during installation of new and rehabilitated landscape projects.
If a project is found to be out of compliance with the ordinance, post-construction, the County may proceed through its Code Enforcement process to administer penalties to the extent permitted by law.
Environmental Review
The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act (Public Resources Code 21000, et seq.) (CEQA) under CEQA Guidelines §§ 15307 and 15308 as an action by the County, as a regulatory agency, taken to assure the maintenance, restoration, enhancement, or protection of natural resources and the environment. The Ordinance is also exempt from CEQA under CEQA Guidelines § 15061(b)(3) (the general rule) because it does not have the potential for causing a significant effect on the environment.
General Plan Consistency
The proposed Ordinance is required by law and is consistent with General Plan goals and policies. The Resource Conservation Element of the General Plan identifies that “Water is a resource of great importance to the County’s economy, its natural systems, and to residents’ quality of life. Solano County has diverse surface and groundwater resources. Appropriate management of these critical resources is achieved via three strategies: watershed protection, preservation and improvement of water quality, and efficient management of water supply and demand.”
Policy RS.I-73 also directs the County to “Develop a public education and technical assistance program that provides property owners, applicants, and the general public with information regarding stormwater pollution, efficient water use, public water supplies, water conservation and reuse, and groundwater.”
Land Use and Transportation Committee Discussion
On September 17, 2024, the LUTC met, with discussion surrounding the MWELO information focused on clarifying the applicability of the ordinance and its potential impact on various types of projects. The following concerns and feedback were raised:
• Exemptions: Committee members and members of the public sought clarification on whether the ordinance would apply to smaller projects like septic systems, pole barns, and single-family homes. They also inquired about whether the ordinance would apply to projects that only require administrative permits.
• Existing Landscape: Questions were raised about the applicability of the ordinance to the renovation of existing landscapes.
• Landscape Requirements: Committee members discussed the need for clear guidelines on landscaping requirements, such as the use of trees and the mitigation of heat island effects.
The committee directed staff to develop clear guidelines and application materials to clarify the types of projects subject to the ordinance and to ensure the ordinance language aligns with the California Model Water Efficient Landscaping Ordinance.
AGENCY REVIEW:
The proposed Ordinance was brought to the Land Use and Transportation Committee (LUTC) on September 17, 2024. Comments from the LUTC and the public, discussed above, focused on the importance that County staff needs to clearly understand the applicability of this ordinance and make that information clear to the public.
ALTERNATIVES:
The Board of Supervisors may also choose to:
1. Not introduce the proposed ordinance. This is not recommended because State Law requires the County to, at minimum, adopt the MWELO; or
2. Not introduce the proposed ordinance and instead direct staff to amend the proposed ordinance to adopt different standards that are at least equally effective as the MWELO at conserving water and preventing waste and return at a future date. This is not recommended because incorporating the MWELO by reference in the County Code will ensure that the County remains compliant with State regulations as they may be amended from time to time.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION