HomeMy WebLinkAbout111621-07.1 ADMINISTRATIVE STAFF REPORT 7.1
TO: Mayor and Town Council November 16, 2021
SUBJECT: Ordinance No. 2021-04, repealing existing Chapter 32-80 of the Danville
Municipal Code and adding a new Chapter 32-80 to the Danville
Municipal Code adopting the California Model Water Efficient
Landscape Ordinance
BACKGROUND
Beginning in the early 1990s, the State of California has required local jurisdictions to
adopt regulations regarding landscaping and water usage on private and public
properties. This has typically been accomplished by the state adopting a model
ordinance, which can be amended locally so long as the amendments are at least as strict.
If a local jurisdiction is satisfied with the model ordinance, it can adopt the model by
reference or simply apply it without local adoption.
The Town’s first such landscape ordinance was adopted in 1991 and is currently codified
as Chapter 32-80 of the Municipal Code. In 2015, the state Department of Water
Resources adopted a new model ordinance, the Model Water Efficient Landscape
Ordinance or MWELO. The scope of the MWELO is described in Attachment B and the
full text can be found in Attachment C.
DISCUSSION
Because the Town did not have any local amendments to the MWELO, it has been applied
since its adoption by the state in 2015 without the need for Council action. During the
Town’s work to develop policies necessary to comply with SB 1383 (to be considered as
a separate action item on the same agenda), Town staff determined that it would be
advantageous to have the Council formally adopt the MWELO by reference. Many of its
provisions are incorporated into the SB 1383 regulations and the guidance from
CalRecycle strongly recommends local legislative action. Repealing the 1991 ordinance,
which is no longer used, and adopting the MWELO into the Municipal Code will help
provide greater clarity, without changing or imposing any new or additional
requirements on property owners.
Adoption of MWELO 2 November 16, 2021
PUBLIC CONTACT
Notice of this hearing was published in a newspaper of general circulation. Posting of the
meeting agenda serves as notice to the general public. The ordinance was discussed at
the Town Council study session of November 9, 2021.
FISCAL IMPACT
None.
RECOMMENDATION
Introduce and read by title only Ordinance No. 2021-04, repealing existing Chapter 32-80
of the Danville Municipal Code and adding a new Chapter 32-80 to the Danville
Municipal Code adopting the California Model Water Efficient Landscape Ordinance and
return for second reading on December 21, 2021.
Prepared by:
Robert B. Ewing
City Attorney
Attachments: A-Ordinance No. 2021-04
B-Summary of MWELO
C-Full text of MWELO
ORDINANCE NO. 2021-04
REPEALING EXISTING CHAPTER 32-80 OF THE DANVILLE MUNICIPAL CODE
AND ADDING A NEW CHAPTER 32-80 TO THE DANVILLE MUNICIPAL CODE
ADOPTING THE CALIFORNIA MODEL WATER EFFICIENT LANDSCAPE
ORDINANCE
The Danville Town Council does ordain as follows:
SECTION 1. REPEALING CHAPTER 32-80 OF THE DANVILLE MUNICIPAL
CODE.
Chapter 32-80 of the Danville Municipal Code is hereby repealed.
SECTION 2. ADDING CHAPTER 32-80 TO THE DANVILLE MUNICIPAL CODE.
Chapter 32-80 is hereby added to the Danville Municipal Code to read as follows:
32-80 WATER EFFICIENT LANDSCAPE AND IRRIGATION STANDARDS
32-80.1 Adoption.
The State of California’s Model Water Efficient Landscape Ordinance (“MWELO”),
which is found at Sections 490-495 of Title 23, Division 2, Chapter 2.7 of the California
Code of Regulations, is adopted in its entirety.
32-80.2 Penalties.
Any person or entity which violates a provision of this Chapter shall be subject to
issuance of an administrative citation pursuant to Section 1-5.5 of this Code. The fines
associated with a violation shall be as follows:
a.A fine not to exceed $100 for a first violation.
b.A fine not to exceed $200 for a second violation within one year.
c.A fine not to exceed $500 for each additional violation with one year.
SECTION 3. CODIFICATION. Section 2 of this ordinance shall be codified in the
Danville Municipal Code.
SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a
summary of this ordinance published twice in a newspaper of general circulation, once
within five (5) days before its adoption and once within 15 (fifteen) days after adoption.
This ordinance shall become effective 30 days after adoption.
ATTACHMENT A
PAGE 2 OF ORDINANCE NO. 2021-04
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this ordinance is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portions of the ordinance. The Danville Town Council hereby
declares that they would have adopted the ordinance, and each section, subsection,
sentence, clause, or phrase thereof, irrespective of the fact that one or more sections,
subsections, sentences, clauses or phrases was declared invalid.
The foregoing Ordinance was introduced on November 16, 2021, and approved and
adopted by the Danville Town Council at a regular meeting held on December 21, 2021,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________
CITY ATTORNEY CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2021-04 of said Town and that said
ordinance was published according to law.
Dated: __________________________
_________________________________
City Clerk of the
Town of Danville
Fast Facts on the
State’s Model Water Efficient Landscape Ordinance
A 2015 Executive Order (EO B-29-15) directed the California Department of Water Resources to update the State’s
Model Water Efficient Landscape Ordinance, a 1993 landscape ordinance that’s now a building code related to
landscape design and installation. Here are some fast facts on how to comply with the ordinance:
What is the need for the law?
The Model Water Efficient Landscape Ordinance (MWELO) is a state regulation designed to prevent water from being
wasted on irrigated landscapes. The law is important because about half of the water directed to urban areas is used
on irrigated landscapes. The MWELO was enacted in 1993 from the 1990 Water Conservation and Landscaping Act
and was updated in 2015 at the height of the drought.
What is the responsibility of Land Use Authorities (Cities and Counties)?
The law directs Land Use Authorities (cities and counties) to ensure MWELO compliance on development projects with
landscaped areas of 500 square feet or more. This applies to residential, commercial, industrial and institutional projects
that require a permit, plan check, or design review. Land Use Authorities are responsible for enforcing the ordinance.
What is the role of DWR?
DWR provides technical assistance to help Land Use Authorities adhere to the ordinance. Land Use Authorities are
required to submit annual reports documenting MWELO permitting each year by January 31.
Click here to read the 2015 Updated Model Water Efficient Landscape Ordinance
Click here for the 2019 Annual Reporting MWELO Form
Additional information:
• DWR will continue to accept the reports beyond the January 31 deadline.
• DWR plans to issue a guidebook for local agencies that will provide more in-depth instruction on how to comply
with the ordinance. Following the release of the guidebook, DWR will host online and in-person workshops.
ATTACHMENT B
Item 10.b. - Page 11
ATTACHMENT C
Item 10.b. - Page 12
Item 10.b. - Page 13
Item 10.b. - Page 14
Item 10.b. - Page 15
Item 10.b. - Page 16
Item 10.b. - Page 17
Item 10.b. - Page 18
Item 10.b. - Page 19
Item 10.b. - Page 20
Item 10.b. - Page 21
Item 10.b. - Page 22
Item 10.b. - Page 23
Item 10.b. - Page 24
Item 10.b. - Page 25
Item 10.b. - Page 26
Item 10.b. - Page 27
Item 10.b. - Page 28
Item 10.b. - Page 29
Item 10.b. - Page 30
Item 10.b. - Page 31
Item 10.b. - Page 32
Item 10.b. - Page 33
Item 10.b. - Page 34