Chapter 16.84 — WATER EFFICIENT LANDSCAPE REQUIREMENTS

Footnotes:

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Editor's note— Ord. No. 674, §§ 2, 3, adopted Jan. 12, 2016, repealed the former Ch. 16.84, §§ 16.84.010— 16.84.050, and enacted a new Ch. 16.84 as set out herein. The former Ch. 16.84 pertained to similar subject matter and derived from Ord. No. 633, § 9(Exh. A), adopted June 14, 2011.

The "Model Water Efficient Landscape Ordinance" of the state of California, as contained in California Code of Regulations Title 23 Waters, Division 2 Department of Water Resources, Chapter 2.7 Model Water Efficient Landscape Ordinance, Sections 490 et. seq. is hereby adopted by reference as the water efficient landscape ordinance of the city of Arroyo Grande, as the same may be amended from time to time, as if set out in full in this chapter. A copy of the Model Water Efficient Landscape Ordinance of the state of California shall be maintained in the city of Arroyo Grande community development department office and shall be made available for public inspection while this ordinance is in force. "Local agency" in the Model Water Efficient Landscape Ordinance shall mean the city of Arroyo Grande.

(Ord. No. 674, § 1, 1-12-2016)

A.

Nonresidential and Mixed Uses.

1.

New nonresidential and mixed-use projects shall be prohibited from installing and maintaining irrigated turf on the property.

2.

Proposed remodels or additions constituting fifty (50) percent or more of the floor area of a property consisting of nonresidential or mixed-uses at the time when a building permit is issued for the remodel shall be required to remove all existing irrigated turf and replace that area with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping. Calculating the area of a remodel shall be done in accordance with the California Building Code.

B.

Residential Uses.

1.

New projects consisting of solely residential uses shall be prohibited from installing and maintaining irrigated turf in the front yard of the property. For purposes of this section, the front yard is defined as the portion of the lot between the structure and the front property line.

2.

Turf installations in the rear yard of residential properties is limited to either, whichever is less:

a.

Five hundred (500) square feet, or

b.

Twenty-five (25) percent of the total rear yard area.

c.

For purposes of this section, the rear yard is defined as the portion of the lot between the structure and the rear property line.

d.

Where installation of turf in the rear yard is infeasible due to lack of available area, solar access, or the presence of existing structures, as determined by the director of community development, irrigated turf may be installed and maintained in the front yard at no more than twenty-five (25) percent of the total yard area.

3.

Proposed remodels or additions constituting fifty (50) percent or more of the floor area of a property consisting of solely residential uses at the time when a building permit is issued for the remodel shall meet the following requirements:

a.

Removal of all turf in the front yard and a reduction of the amount of turf in the rear yard to twenty-five (25) percent of the total yard area or five hundred (500) square feet, whichever is less. The areas in which turf is required to be removed shall be replaced with either water wise landscape species or an alternative with a watering requirement that is less than or equal to the water needs of the area landscaped with water wise landscaping. Calculating the area of a remodel shall be done in accordance with the California Building Code.

b.

Where installation of turf in the rear yard is infeasible due to lack of available area, solar access, or the presence of existing structures, as determined by the director of community development, irrigated turf may be installed and maintained in the front yard at no more than twenty-five (25) percent of the total yard area.

STATUTORY REFERENCES FOR CALIFORNIA CITIES

The statutory references listed below refer the Code user to state statutes relevant to California cities. They are current with urgency legislation through Ch. 2 of 2019 Regular Session.

General Provisions

Code adoption Government Code § 50022.1 et seq.

Ordinances Government Code § 36900 et seq.

Penalties for ordinance violations Government Code §§ 36900 and 36901

Imprisonment Government Code §§ 36903 and 36904

Citations for misdemeanors Penal Code § 853.5 et seq.

Administrative fines and penalties Government Code § 53069.4

Judicial review of city decisions Code of Civil Procedure § 1094.6

Expedited judicial review of First Amendment cases Code of Civil Procedure § 1094.8

Elections

Government Code §§ 34050 and 36503; and Elections Code §§ 1301, 9200 et seq. and 10100 et seq.

Classification of cities Government Code § 34100 et seq.

General powers Government Code § 37100 et seq.; and Cal. Const. art. XI §§ 7, 9

Conflict of Interest Code Government Code § 87100 et seq.

Eminent Domain Law Code of Civil Procedure § 1230.010 et seq.

Administration and Personnel

City officers generally Government Code § 36501 et seq.

Legislative body Government Code § 36801 et seq.

Meetings Government Code § 54950 et seq.

Mayor Government Code § 40601 et seq.

City clerk Government Code § 40801 et seq.

City treasurer Government Code § 41001 et seq.

City assessor Government Code § 41201 et seq.

Chief of police Government Code § 41601 et seq.

City attorney Government Code § 41801 et seq.

Alternative forms of government—City manager form of government Government Code § 34851 et seq.

Alternative forms of government—Election of legislative body by or from districts Government Code § 34870 et seq.

Alternative forms of government—Elective mayor Government Code §§ 34900 et seq.

City records Government Code § 34090 et seq.

Removal from office Government Code § 3000 et seq.

Political activities of public employees Government Code § 3201 et seq.

Local planning agencies Government Code § 65100 et seq.

California Emergency Services Act Government Code § 8550 et seq.

Fire department Government Code § 38611

Peace officer standards and training Penal Code § 13500 et seq.

Personnel system, merit system or civil service system Government Code § 45000 et seq.

Retirement systems Government Code § 45300 et seq.

Revenue and Finance

Financial powers Government Code § 37200 et seq.

Transfer of tax function to county Government Code § 51500 et seq.

Property tax assessment, levy and collection Government Code § 43000 et seq.

Bradley-Burns Uniform Local Sales and Use Tax Law Revenue and Taxation Code § 7200 et seq.

Transient occupancy tax Revenue and Taxation Code § 7280 et seq.

Documentary Transfer Tax Act Revenue and Taxation Code § 11901 et seq.

Civil Code § 2080 et seq.

Unclaimed money Government Code § 50050 et seq.

Planning and zoning fees for specific purposes Government Code § 66012 et seq.

Public works and public purchases Government Code § 4000 et seq.

Local Agency Public Construction Act Public Contract Code § 20100 et seq.

Uniform Public Construction Cost Accounting Act Public Contract Code § 22000 et seq.

Claims against public entities Government Code § 900 et seq.

Development project fees Government Code § 66000 et seq.

Business Licenses, Taxes and Regulations

Authority to license businesses Government Code § 37101, Business and Professions Code § 16000 et seq.

Automatic checkout systems Civil Code § 7100 et seq.

Bingo Penal Code § 326.4 et seq.

Business and Professions Code § 17510 et seq.

Commercial filming Government Code § 65850.1

Community antenna TV systems Government Code § 53066 et seq.

Gambling Control Act Business and Professions Code § 19800 et seq.

Massage parlors

Government Code § 51030 et seq.

Private investigators Business and Professions Code § 7512 et seq.

Taxicabs

Vehicle Code §§ 16500 et seq., 21100, 21112; and Government Code § 53075.5 et seq.

Telecommunications facilities Government Code § 50030

Animals

Animals generally Food and Agriculture Code § 16301 et seq.

Dogs Government Code § 38792; and Food and Agriculture Code § 30501 et seq.

Potentially dangerous and vicious dogs Food and Agriculture Code § 31601 et seq.

Health and Safety Code § 121575 et seq.

Cruelty to animals and related offenses Penal Code §§ 596 et seq.—600.5

Health and Safety

Garbage and refuse collection and disposal Public Resources Code § 49300 et seq.

Nuisances and nuisance abatement Government Code § 38771 et seq.; and Penal Code § 370 et seq.

Weed and rubbish abatement Government Code § 39501 et seq.

Littering Penal Code §§ 374—374.8

Smoking—Places of employment Labor Code § 6404.5

California Indoor Clean Air Act of 1976 Health and Safety Code § 118875 et seq.

Graffiti abatement Government Code § 38772; and Penal Code § 594.5

Fire prevention Health and Safety Code § 13000 et seq.

Fireworks

Health and Safety Code § 12500 et seq.

Noise control Health and Safety Code § 46000 et seq.; and Government Code § 65302(f)

Hospitals Government Code § 37600 et seq.

Public Peace, Morals and Welfare

Crimes against religion and conscience, and other offenses against good morals Penal Code § 302 et seq.

Obscenity Penal Code § 311 et seq.

Material harmful to minors Penal Code § 313 et seq.

Indecent exposure, obscene exhibitions, and bawdy and other disorderly houses Penal Code § 314 et seq.

Crimes against the public peace Penal Code § 403 et seq.

Vehicles and Traffic

Rules of the road Vehicle Code § 21000 et seq.

Local traffic rules and regulations Vehicle Code § 21100 et seq.

Traffic signs, signals and markings Vehicle Code § 21350 et seq.

Driving on right side of road, overtaking and passing Vehicle Code § 21650 et seq.

Right-of-way Vehicle Code § 21800 et seq.

Pedestrians' rights and duties Vehicle Code § 21949 et seq.

Turning, stopping and turning signals Vehicle Code § 22100 et seq.

Vehicle speed Vehicle Code § 22348 et seq.

Special stops required Vehicle Code § 22450 et seq.

Stopping, standing and parking Vehicle Code § 22500 et seq.

Bicycles Vehicle Code §§ 21200 et seq., 39000 et seq.

Vehicle size, weight and load Vehicle Code § 35000 et seq.

Penalties Vehicle Code § 42000 et seq.

Streets, Sidewalks and Public Places

Improvement Act of 1911 Streets and Highways Code § 5000 et seq.

Construction of sidewalks and curbs Streets and Highways Code § 5870 et seq.

Underground utility districts Streets and Highways Code § 5896.1 et seq.

Obstructions and encroachments on public ways Government Code § 38775

Municipal parks Public Resources Code § 5181 et seq.

Tree Planting Act of 1931 Streets and Highways Code § 22000 et seq.

Landscaping and Lighting Act of 1972 Streets and Highways Code § 22500 et seq.

Charitable solicitations Business and Professions Code § 17510 et seq.

Advertising displays

Business and Professions Code § 5229 et seq.

Public Services

Municipal water systems Government Code § 38730 et seq.

Municipal sewers

Government Code § 38900 et seq.; and Health and Safety Code § 5470 et seq.

Water wells

Water Code § 13700 et seq.

Buildings and Construction

Authority to regulate buildings and construction Government Code §§ 38601, 38660

State Housing Law

Health and Safety Code § 17910 et seq.

Adoption of construction codes Health and Safety Code §§ 17922, 17958

California Building Standards Law Health and Safety Code § 18901 et seq.

Mobilehome Parks Act

Health and Safety Code § 18200 et seq.

Signs

Government Code §§ 38774, 65850; and Business and Professions Code § 5200 et seq.

Inspection warrants Code of Civil Procedure § 1822.50 et seq.

Development fees Government Code § 66000 et seq.

Subdivisions

Subdivision Map Act Government Code § 66410 et seq.

Zoning

Planning and Zoning Law Government Code § 65000 et seq.

Local authority to regulate land use Government Code § 65850

Local zoning administration Government Code § 65900 et seq.

Open-space zoning Government Code § 65910 et seq.

Family day care homes Health and Safety Code § 1597.30 et seq.

Environmental Protection

California Environmental Quality Act Public Resources Code § 21000 et seq.

California Noise Control Act of 1973 Health and Safety Code § 46000 et seq.

This table provides users with the legislative history and the current disposition of the sections in the Arroyo Grande Municipal Code.

Thus, prior code Section 1-3.04 appears in this Code in Chapter 1.04.

The legislative history information was derived from the Arroyo Grande Municipal Code, comprising the general ordinances of the City of Arroyo Grande, published by California Code Services, 1966.

As of Supplement No. 18, this table will no longer be updated.

• Ordinances listed as "Special" are special in nature with limited application and have not been included in the text of this code. See Special Ordinance Table.

Beginning with Supplement No. 18, this table will be replaced with the "Code Comparative Table and Disposition List."

Beginning with Supplement No. 18, this table will be replaced with the "Code Comparative Table and Disposition List."

CODE COMPARATIVE TABLE AND DISPOSITION LIST

This is a chronological listing of the ordinances of Arroyo Grande, CA beginning with Supplement No. 18, included in this Code.