Ordinance 3153CITY OF ALAMEDA ORDINANCE No. 3153
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING
CHAPTER 30 CLARIFYING TEXT AMENDMENTS TO SECTIONS 30-
58 THROUGH 30-59.3 OF THE ZONING ORDINANCE RELATED TO
WATER EFFICIENT LANDSCAPING
BE IT ORDAINED by the City Council of the City of Alameda:
Findings:
In enacting this Section, the City Council finds as follows:
1. The amendments maintain the integrity of the General Plan. The proposed text
amendments are necessary to ensure that the Zoning Ordinance is incompliance
with the State of California Model Water Efficient Landscape Ordinance (MWELO).
The amended Zoning Ordinance will attain General Plan Open Space and
Conservation Element goals to promote and implement water conservation
measures and encourage the use of drought- resistant landscaping.
2. The amendments will support the general welfare of the community. The
proposed text amendments will promote the continued installation of landscaped
areas in development projects while reducing the water demands of such
landscaped areas. Additionally, the proposed text amendments will promote the
use of the Bay Friendly Landscape Guidelines to ensure landscaped areas are
compatible with the surrounding ecosystem.
3. The amendments are equitable. The proposed zoning amendments are equitable
in that they establish submittal requirements, development standards and review
procedures for landscape projects. The proposed zoning amendments also allow
the City's permitting process to adapt to potential further changes mandated by
the State.
4. California Environmental Quality Act. The proposed amendments are
categorically exempt under California Environmental Quality Act Section 15305
— Minor Amendmentsto Land Use Limitations.
Section 1. Chapter 30 of the AMC shall be amended as follows:
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30-58.1 - PURPOSE
30-58.2 — GENERAL
30-58.3 — DEFINITIONS
30-58.4 — REQUIREMENTS
30-58.1 - Purpose.
The purpose of this article shall be to:
a. Promote quality, water - efficient landscaping, while recognizing Alameda's unique
climate, soil conditions, and development patterns.
b. Support Municipal Utilities District (EBMUD) in its efforts to promote and
implement water conservation measures.
c. Implement the new landsGape design its ef the Water CE)Rsewat;GR
AGt of 2996 most recently adopted State MWELO (California Code of
Regulations, Title 23, Division 2, Chapter 2.7).
d. Establish standards for sustainable landscape practices in accord with the current
version of the StopWaste.Org Bay Friendly Landscape protocols.
e. Divert plant debris from landfills.
f. Promote the use of greywater systems.
cl. Discourage the planting of invasive plants.
(Ord. No. 2574 N.S. § 3)
(Ord. No. 3049 N.S., § 2, 6-26-2012)
30.58.2 — General
The State of California MWELO (California Code of Regulations, Title 23, Division 2,
Chapter 2.7), is incorporated into this Article by reference and shall be implemented by
the City of Alameda. In addition the following provisions shall apply.
30-58.3 - Definitions.
In addition to the definitions listed in this Section, all definitions in the State MWELO shall
ar)r)lv (California Code of Reaulations. Title 23. Div. 2. Section 491).
a. Bay-Friendly Landscape Guidelines means the most recent version of guidelines
developed by StopWaste.Org for use in the professional design, construction and
maintenance of landscapes. City staff shall maintain the most recent version of the
Bay-Friendly Landscape Guidelines at all times.
b. Bay-Friendly Landscaping scorecard means the most recent version of the Bay-
Friendly Landscaping points system developed by StopWaste.Org. City staff shall
maintain the most recent version of the Bay - Friendly Landscaping scorecard in the
planning and building department at all times.
Covered project means: 1) new or projects with an aggregate of 500 square feet or
more of landscaped area 2) projects with rehabilitated GGmrneFdal, industFial
landscaped areas over twenty -five hundred (2,500)
square feet, all new or rehabilitated residential landcna )s ever five-thousand
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d. Landscape Documentation Package Checklist means a list of the required submittal
materials for review of a Landscape Document Package. City staff shall maintain the
Landscape Documentation Checklist to ensure compliance with the State's most
recently adopted MWELO.
e. Renovation means anv chanae. addition or modification to an existina landscape.
f. Standard Landscaping Conditions of Approval means a list of standard conditions of
approval that ensure a project's compliance with the State's most recently adopted
MWELO. City staff shall maintain the Standard Landscaping Conditions of Approval
to ensure compliance with the most recently adopted MWELO.
(Ord. No. 3049 N.S., § 2, 6 -26 -2012)
30- 5958.1 -.4 — Ceaeral Reguirements
a. The provisions of the State of California MWELO (California Code of Regulations,
Title 23, Division 2, Chapter 2.7), shall be implemented by the City of Alameda.
b. For all covered projects that require the approval of a building permit, plan check or
design review, the applicant /developer shall:
1. submit a Landscape Document Package compliant with the most recent
version of the Landscape Document Package Checklist, on file with the
Community Development Department;
2. record the date of approval of the Landscape Document Package in the
Certificate of Completion;
3. upon approval of the Landscape Document Package, submit a cop of f the
Water Efficient Landscape Worksheet to EBMUD;
4. be subject to the Standard Landscape Conditions of Approval and most
recently adopted Bay - Friendly Landscaping Guidelines;
5. submit a Certificate of Completion upon approval of the Landscape
Document Package and issuance of permits.
LandsGape r i i i • i
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these requVernents. LandGGaping shall Ret be installed until the i i
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rnateFial or the irrigation systern design •
appreva4-.
c. The provisions of i not apply t• or peFtiens of sites devoted
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registered local, or federal historical
2. ecolociical restoration projects that ii not reguire permanent irrigation
existing 3. plant • • as part of botanical gardens • arboretums ii'
to the public.
d. Landscape plans for covered projects
Ghapter with landscaped areas less than 2,500 square feet in size, may be submitted
either
comply with the provisions of Section 30- 58.1(a) above, or conform to the prescriptive
measures of Appendix D of the Landscape Document Package Checklist.
e. For voiects usina treated or untreated aravwater or rainwater captured on site. an
lot or parcel within the project that has less than 2,500 square feet of landscape and
meets the lot or parcel's landscape water requirement (Estimated Total Water Use)
entirely with treated or untreated graywater or through stored rainwater captured on
site is subject only to Appendix B condition (4) of the most recently adopted
Landscape Document Package Checklist.
f. All covered projects are required to divert (reuse or recycle) 100 percent of excavated
soil and plant and land clearing debris.
9. Plants located adjacent to buildings, sidewalks, roads or other obstructions shall be
installed to accommodate their minimum spread, according to a published third -party
reference.
h. Plant species considered invasive by the California Invasive Plant Council shall not
be installed.
All covered voiects that are either owned or maintained by the Citv or developed as
a public - private partnership that equals or exceeds one hundred thousand
($100,000.00) dollars in 2009 dollars) in construction costs and adjusted annually to
reflect changes in the San Francisco Bay Area Construction Cost Index published in
Engineering News Record Magazine initiated on or after the effective date of this
Chapter shall meet the most recent minimum Bay - Friendly Landscape scorecard.
(Ord. No. 2574 N.S. § 3)
(Ord. No. 3049 N.S., § 2, 6-26-2012)
30-59 GUIDELINES. RESERVED
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3. A monthly irrigation sGhedule fer the plant establishment period and t -,
fe!'GWiRg year. This irrigatiOR sGhedule will iRGIude the fGIIGWiRg iRferrnatieR
fE)F eaGh v-I. —
(a) RaRt type.
(b) PreGipitatiOR rate
(G) Flow Fate iR galle a-e-
(d) RUR ti i utes peF day-.
(e) Number of wateriRg days per week quFf gFasses should be irrigated a
. nurn of enr--e every three (3) days)-.
f. GempliaRGe with the p i i f this SGGtiOR may be waived in LIRusual
GiFGUmstaRGes where the PIaRRiRg Beard OF City GGURGiP:va&,I , . .. DR, f9URd
and deteFmiRed that the publiG iRterest would Ret be sewed by GGMP!YiRg
SUGh PFOVi "
(Ord. No. 2574 N.S. § 3)
(Ord. No. 3049 N.S., § 2, 6-26-2012)
Section 2. Severability Clause. It is the declared intent of the City Council of Alameda
that if any section, subsection, sentence, clause, phrase, or provision of this ordinance is
held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not be so construed as to render invalid or unconstitutional the
remaining provision ofithis ordinance.
Section 3. This ordinance and the rules, regulations, provisions, requirements, orders,
and matters established and adopted hereby shall take effect and be in full force and
effect from and after the expiration of thirty (30) days from the date of its final passage.
'—Presiding 0 Acr �ofthe aity Council
Attest:
Lara Weisiger, C t Clerk
City of Alameda,
I, the undersigned, hereby certify that the foregoing Ordinance was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 7th day of June, 2016, by the following vote:
AYES: Councilmembers Daysog, Ezzy Ashcraft, Matarrese, Oddie
and Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of said City this 8th day of June, 2016.
Lara Weisiger, City 9erk
City of Alameda
APPROVED AS TO FORM:
Jane . Kern, City Attorney
City of Alameda