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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. rr