ITEM:		PUBLIC HEARING
10.	CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 172, AN ORDINANCE OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT AMENDING REGIONAL WATER EFFICIENT LANDSCAPE REQUIREMENTS IN COMPLIANCE WITH THE CALIFORNIA CODE OF REGULATIONS, TITLE 23, DIVISION 2, CHAPTER 2.7, CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE ORDINANCE
Meeting Date:			August 15, 2016	Budgeted:	N/A
From:			David J. Stoldt,	Program/	N/A
			General Manager	Line Item No.:
Prepared By:			Stephanie Locke	Cost Estimate:	N/A
General Counsel Review: Yes.
Committee Recommendation: N/A
CEQA Compliance: Exempt. California Public Resources Code Section 21000 et seq.

SUMMARY: Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15) directed the Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance (MWELO) through expedited regulation. The California Water Commission approved the revised Ordinance on July 15, 2015. Agencies were directed to amend their local WELO or comply with the MWELO. MWELO requires that local regulations must be at least as effective as MWELO. Draft Ordinance No. 172 (Exhibit 10-A) adds the provisions of the State Model Water Efficient Landscape Ordinance, as amended by Monterey County, to the District’s Rules and Regulations as a stand-alone Rule 142.1. It also amends District Rules that pertain to landscaping.

During the first reading of the Ordinance on July 18, 2016, staff was given direction to make minor edits to the ordinance. Edits were completed and reviewed with Chair Byrne, and the ordinance was reviewed by legal counsel. A list of edits is available upon request.

The “Monterey Peninsula Water Management District Landscape Manual – Standards, Guidelines and Specified Performance Requirements for Landscape Water Use and Irrigation” (“Landscape Manual”) will be provided to the Board for review and comment separate from the action on the ordinance. The Landscape Manual incorporates the requirements of new Rule 142.1 (contained in the ordinance) in a “user friendly” document that includes frequently asked questions, definitions, and forms to be used in the Landscape Package. The Landscape Manual is the primary method to educate the public about the District’s Water Efficient Landscape Requirements and will be available on the District’s website. Links will be provided to the Jurisdictions for their use. Staff continues to work closely with the Jurisdictions on this project.

RECOMMENDATION: Staff recommends the Board approve the second reading of Ordinance No. 172 and adopt the ordinance. Although MWELO compliance is currently in the Rules and Regulations, the full body of the regulation will be codified by this action as required by the State Law.

BACKGROUND: Assembly Bill 1881 (2006 - Laird) adopted the first MWELO on September 10, 2009. AB 1881 required agencies to implement MWELO or create their own ordinance that was at least as stringent by January 1, 2010. MPWMD adopted a regional WELO November 16, 2009 (Ordinance 141) that is found in Rule 142, Water Efficiency Standards.

On April 1, 2015, Governor Brown ordered DWR (Executive Order B-29-15) to update the MWELO. A revised MWELO was adopted after considerable stakeholder input by the State on September 15, 2015. All agencies were directed to implement the changes by December 1, 2015, and to report on local adoption by March 1, 2016 if a regional approach was taken. At the September 21, 2015 TAC meeting, the TAC voted that the MWELO should be implemented by the District as a regional measure. MPWMD reported to DWR that it would be reporting for the region (MPWMD) and reported as required on March 1, 2016.

MPWMD Rule 142 has required compliance with the State’s Model Water Efficient Landscape Ordinance (MWELO) since 2009. As part of the District’s Water Permit process, staff routinely evaluates the Water Use Capacity of the landscape. Beginning in 2016, the District began reporting region-wide compliance with MWELO to the DWR. As the regional water manager, MPWMD is the appropriate agency to implement the water efficient landscape requirements.

MWELO applies to new landscapes (including landscapes associated with a building demolition/rebuild) with an aggregate landscape area greater than 500 square-feet that are associated with any grading permit, building permit, or design approval (including such projects as lighting, decks, retaining walls, fences, etc.). It also applies to refurbished landscapes (i.e., replacement of existing landscaping) greater than 2,500 square-feet that require a building or landscape permit, plan check, or design review. MWELO focuses on water efficiency in plant selection, landscape design, and the irrigation system.

The Legislative Committee discussed the MWELO on March 29, 2015. The Committee recommendation was to convene the Technical Advisory Committee (TAC), list the current landscaping requirements and then show them the burden they would incur if they were to take responsibility for implementation of the state regulations.  The Committee also directed that staff should advise the TAC members that if they decide it is appropriate for regional implementation of the landscape regulations, each Jurisdiction should submit a letter to the District requesting that MPWMD be the regional agency to report to the Department of Water Resources.

The Jurisdictions responded with requests for MPWMD to implement a regional approach to comply with MWELO.

Proposed Ordinance No. 172 essentially mirrors the ordinance that will be considered by the County. This is being done for consistency throughout Monterey County. District staff has been collaborating with the County and other Jurisdictions to ensure that the process is well coordinated. District staff has also been working with the Jurisdictions’ planning and building departments to help them understand the regulations so they know when to refer applicants to the Water Management District.

After the ordinance is adopted, the regulations will be posted to the District’s website along with links to any additional rules established by the Jurisdictions.  The Water Management District will also provide printed materials to the Jurisdictions for distribution to the public that will explain the WELO requirements.  District staff has contacted the Department of Water Resources and discussed scheduling a local workshop on the State’s WELO for landscape industry representatives, planners, and residents. 

EXHIBITS

10-A Draft Ordinance No. 172

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