HomeMy WebLinkAboutOrdinance 654ORDINANCE NO. 654
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING TITLE 8, CHAPTERS 8
(GREEN BUILDING CODE) AND 10 (WATER EFFICIENT LANDSCAPE
AND IRRIGATION), OF THE ATASCADERO MUNICIPAL CODE
ADDING SECTIONS 8-8.102 (CALGREEN RECYCLING
REQUIREMENTS) AND 8-10.103 (WATER EFFICIENT LANDSCAPE
AND IRRIGATION REQUIREMENTS) REQUIRING COMPLIANCE
WITH SPECIFIC SECTIONS OF THE CALIFORNIA GREEN BUILDING
CODE AND STATE MODEL WATER EFFICIENT LANDSCAPE AS
REQUIRED BY SENATE BILL 1383
WHEREAS, the City of Atascadero previously adopted the California Green Building
Standards Code (CALGreen) and Model Water Efficient Landscape Ordinance (MWELO), by
reference, in compliance with the State requirements; and
WHEREAS, in September 2016, Governor Brown signed into law Senate Bill 1383 (SB
1383) establishing methane reduction targets in an effort to curb the presence of methane emissions
caused by organic waste; and
WHEREAS, SB 1383, the Short-lived Climate Pollutant Reduction Act of 2016, requires
jurisdictions to adopt and enforce an ordinance or enforceable mechanism that requires compliance
uwith specific sections of CALGreen and MWELO; and
WHEREAS, SB 1383 became effective on January 1, 2022, and local jurisdictions are
required to amend their Municipal Code to enact regulations set forth in SB 1383 and provide a
copy of the adopted ordinance to CalRecycle by April 1, 2022; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject amendments
was held by the City Council of the City of Atascadero on March 8, 2022, at which hearing
evidence, oral and documentary, was admitted on behalf of said amendments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Determination. The City Council has determined that Title 8 be amended to
update Chapter 8 adding 8-8.102, adopting CALGreen recycling requirements and Chapter 10 adding
8-10.103, establishing requirements for water efficient landscape and irrigation as set forth in Exhibit
"A" and `B" respective, of this Ordinance, attached hereto and incorporated herein by reference.
SECTION 3. CEQA. The proposed Title 8 amendments are exempt from the California
Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be
seen with certainty that there is no possibility that the enactment of this Ordinance would have a
significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§
15378(b)(4), 15061(b)(3).
City of Atascadero
Ordinance No. 654
Page 2 of 2
SECTION 4. Interpretation. This Ordinance must be broadly construed in order to achieve
the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this
Ordinance be interpreted or implemented by the City and others in a manner that facilitates the bow
purposes set forth in this Ordinance.
SECTION 5. Preservation. Repeal of any provision of the AMC or of any previous Code
Sections, does not affect any penalty, forfeiture, or liability incurred before, or preclude
prosecution and imposition of penalties for any violation occurring before this Ordinance's
effective date. Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Effect of Invalidation. If this entire Ordinance or its application is deemed
invalid by a court of competent jurisdiction, any repeal or amendment of the AMC or other City
Ordinance by this Ordinance will be rendered void and cause such previous AMC provision or
other City Ordinance to remain in full force and effect for all purposes.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid
by a court of competent jurisdiction, the City Council intends that such invalidity will not affect
the effectiveness of the remaining provisions or applications and, to this end, the provisions of this
Ordinance are severable.
SECTION 8. Notice. The City Clerk is directed to certify the passage and adoption of this
Ordinance; cause it to be entered into the City of Atascadero's book of original ordinances; make
a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after 6.0
the passage and adoption of this Ordinance, cause it to be published or posted in accordance with
California law.
SECTION 9. Effective Date. This Ordinance will take effect on the 30th day following
its final passage and adoption.
INTRODUCED at a regular meeting of the City Council held on March 8, 2022, and PASSED,
APPROVED and ADOPTED by the City Council of the City of Atascadero, State of California,
on March 22, 2022.
AZZTO FORM:
Brian A. Pierik, City Attorney
CITY OF ATASCADERO
4b� � C-CA�
Heather Moreno, Mayor
STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO ) ss
CITY OF ATASCADERO )
I, LARA K. CHRISTENSEN, City Clerk of the City of Atascadero, DO
HEREBY CERTIFY that Ordinance No. 654 was duly introduced at a regular
meeting held March 8, 2022 and adopted at a regular meeting of the City Council
held on the 22nd day of March 2022 by the following roll call vote, to wit:
AYES: Council Members Bourbeau, Danz, Funk, Newsom and Mayor Moreno
NOES: None
mu1yaillgl r 2r
LARA K. `CHRXSTENS54—et'fY CLERK
I hereby certify that the foregoing is the original of Ordinance No. 654 duly
passed and adopted by the Atascadero City Council at their regular meeting held
on March 22, 2022 and that summaries of the Ordinance were published on
March 17, 2022 and March 31, 2022 in the Atascadero News newspaper.
Title 8 BUILDING CODE
Chapter 8 GREEN BUILDING CODE
L
8-8.101 Modifications to the California Green Building Code.
8-8.102 Compliance with the California Green Building Code Recycling Requirements.
8-8.102 Compliance with the California Green Building Code Recycling Requirements.
(a) Persons applying for a permit from the City for new construction and building additions
and alternations shall comply with the requirements of this Section and all required
components of the California Green Building Standards Code, 24 CCR, Part 11, known as
CALGreen, as amended, if its project is covered by the scope of CALGreen.
(b) For projects covered by CALGreen, the applicants must, as a condition of the City's permit
approval, comply with the following:
(1) Where five (5) or more Multi -Family dwelling units are constructed on a building
site, provide readily accessible areas that serve Occupants of all buildings on the
site and are identified for the storage and collection of Recyclable Materials
Container and Organic Materials Container materials, consistent with the three or
more -container collection program offered by the City/County/District, or comply
with provision of adequate space for recycling for Multi -Family Premises and
Commercial Premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1
of the California Green Building Standards Code, 24 CCR, Part 11 as amended
provided amended requirements are more stringent than the CALGreen
requirements for adequate recycling space effective January 1, 2020.
(2) New Commercial or Multi -Family construction or additions resulting in more than
30% of the floor area shall provide readily accessible areas identified for the storage
and collection of Recyclable Materials Container and Organic Materials Container
materials, consistent with the three or more -container collection program offered
by the City/County/District, or shall comply with provision of adequate space for
recycling for Multi -Family Premises and Commercial Premises pursuant to
Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building
Standards Code, 24 CCR, Part 11 as amended provided amended requirements are
more stringent than the CALGreen requirements for adequate recycling space
effective January 1, 2020.
(3) Comply with CALGreen requirements and applicable law related to management
of construction and demolition debris (C&D), including diversion of Organic
Waste in C&D from disposal. Comply with all written and published City policies
and/or administrative guidelines regarding the collection, recycling, diversion,
tracking, and/or reporting of C&D.
Title 8 BUILDING CODE
Chapter 10 WATER EFFICIENT LANDSCAPE AND IRRIGATION
8-10.101 Purpose.
8-10.102 Adoption of Code.
8-10.103 Water Efficient Landscape and Irrigation Requirements.
8-10.103 Water Efficient Landscape and Irrigation Requirements
This section is intended to comply with the State's Model Water Efficiency Landscape Ordinance,
and standards found in 23 CCR, Division 2, Chapter 2.7.
(a) Property Owners or their building or landscape designers, including anyone requiring a
building or planning permit, plan check, or landscape design review from the City, who
are constructing a new (Single -Family, Multi -Family, public, institutional, or Commercial)
project with a landscape requirement area greater than 500 square feet, or rehabilitating an
existing landscape under City review jurisdiction with a total landscape area greater than
2,500 square feet, shall comply with Sections 492.6(a)(3)(B) (C), (D), and (G) of the
MWELO, including sections related to use of compost and mulch as delineated in this
Chapter.
I (b) Property Owners or their building or landscape designers that meet the threshold for
MWELO compliance outlined in Section (a) above shall:
(1) Comply with Sections 492.6 (a)(3)(13)(C), (D) and (G) of the MWELO,
which requires the submittal of a landscape design plan with a soil preparation,
mulch, and amendments section to include the following:
(A) For landscape installations, compost at a rate of a minimum of four
cubic yards per 1,000 square feet of permeable area shall be incorporated to
a depth of six (6) inches into the soil. Soils with greater than six percent
(6%) organic matter in the top six (6) inches of soil are exempt from adding
Compost and tilling.
(B) For landscape installations, a minimum three- (3) inch layer of
mulch shall be applied on all exposed soil surfaces of planting areas except
in turf areas, creeping or rooting groundcovers, or direct seeding
applications where mulch is contraindicated. To provide habitat for
beneficial insects and other wildlife up to five percent (5%) of the landscape
area may be left without mulch. Designated insect habitat must be included
in the landscape design plan as such.
(C) Organic mulch materials made from recycled or post -consumer
U materials shall take precedence over inorganic materials or virgin forest
products unless the recycled post -consumer organic products are not locally
available. Organic mulches are not required where prohibited by local fuel
modification plan guidelines or other applicable local ordinances.
(2) The MWELO compliance items listed in this Section are not an inclusive
list of MWELO requirements; therefore, property owners or their building or
landscape designers that meet the threshold for MWELO compliance outlined in
this Chapter shall consult the full MWELO for all requirements.
(c) If, after the adoption of this Chapter, the California Department of Water Resources, or
its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B)
(C), (D), and (G) of the MWWELO September 15, 2015 requirements in a manner that
requires City to incorporate the requirements of an updated MWELO in a local ordinance,
and the amended requirements include provisions more stringent than those required in this
Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
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