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HomeMy WebLinkAboutMINUTES - 03091993 - WC.2 ' WC.2 TO: BOARD OF SUPERVISORS .... Contra FROM: WATER COMMITTEE ;,, ._ Costa SUPERVISOR SUNNE WRIGHT McPEAK, CHAIR County SUPERVISOR TOM TORLAKSON DATE: MARCH 9, 1993 SUBJECT: REPORT ON COUNTY WATER CONSERVATION ORDINANCES SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Direct the Community Development Department and County Counsel to revise the Water Conservation Landscape Ordinance and report back to the Water Committee. 2a. Allow Ordinance #92-20 (in conjunction with #91-24) requiring reclaimed water use for construction purposes (dust control and compaction) to expire, thereby terminating on April 30, 1993 . 2b. Direct the Community Development Department to add a Standard Condition of Approval, and direct the Public Works Department to include in contracts, a provision which may require reclaimed water use for construction purposes where reclaimed water is available and does not cause potentially significant environmental impacts. 3 . Authorize Chair to sign a letter to the Regional Water Quality Control Board requesting a determination on potential inconsistency between federal Non-Point Source Discharge Program (urban runoff) requirements and use of reclaimed water. 4. Direct staff to finalize other standard conditions related to water conservation and provide same back to the Water Committee. CONTINUED ON ATTACHMENT: YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : Z0,11, / Supervisor Sunne W. McPeak, Chair Supervisor TomT/orlakson ACTION OF BOARD ON APPROVED AS RECOMMENDED A OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: Roberta Goulart (510/646-2071) ATTESTED /'�,A y. / f rf.3 cc: Community Development Dept. (CDD) PHIL BATCHELOR, CLERK OF County Counsel THE BOARD OF SUPERVISORS Public Works Department AND COUNTY ADMINISTRATOR BY , DEPUTY RG:gms wa2:\bo\1andscap.3-9 Report on County Water Conservation Ordinance Continued - Page Two BACKGROUND/REASONS FOR RECOMMENDATIONS During the Water Committee meeting March 1, 1993, implementation measures related to water efficiency ordinances were reviewed, and some additions were recommended to Community Development Department standard project conditions of approval, to insure consistency in implementation. Amendment to the Water Conservation Landscape Ordinance was also recommended, in order to specifically require that roadside landscape and median strips are not planted with turf. Turf along roadsides is not efficient, as turf requires greater amounts of water, and spray irrigation results in water running along streets and sidewalks. In addition, turf may be responsible (to some degree) for structural instability of road surfaces over time as water leaks beneath the road surface. Use of drought-tolerant species will significantly improve this situation. Current requirements outlined in the landscape ordinance are not effectively precluding turf in these areas. Ordinance 91-24, is an urgency ordinance requiring construction use of reclaimed water for dust control and compaction purposes. The ordinance was adopted during a period of drought, terminating on April 30, 1992 . Prior to termination, this ordinance was extended through ordinance 92-20, terminating April 30, 1993 . The urgency (drought) ordinance is not recommended for renewal, due to potential conflicts with Federal NPDES (non-point source) regulations, and inconsistency with aspects of water district programs. The Water Committee recommends that a request for determination be made by the County to the San Francisco Regional Water Quality Control Board on this issue. Previous Board direction requires the Community Development Department to research long-term applicability of an ordinance for use of reclaimed water for construction purposes. RG:gms wag:ftUandwsp.3-9 CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Water Committee Supervisor Sunne McPeak Supervisor Tom Torlakson FROM: Roberta Goulart, Staff DATE: February 23, 1993 SUBJECT: STATUS OF WATER CONSERVATION ORDINANCES AND CONDITIONS OF APPROVAL; RENEWAL OF INTERIM DROUGHT ORDINANCE FOR USE OF RECYCLED WATER At Supervisor McPeak's request, water conservation ordinances and related conditions of project approval are summarized below. WATER CONSERVATION LANDSCAPE Ordinance 60-59, in effect since July 31, 1990, applies to all new single family developments with common areas and/or landscaped front yards, model homes, and all other new developments . Landscape plans, including the combined turf/pond/pool maximum (25% of planted area) , use of drought tolerant plants (>90%) and other non-drought tolerant varieties (<10%) must be provided to the County Community Development Department. Please note that the ordinance states that "no turf shall be allowed in median strips or in areas less than 8 feet wide. " Irrigation requirements, a water budget (which includes precipitation rates; monthly irrigation schedule, and annual water use) are to be included with the landscape plan submittal. Landscape ordinance conditions of approval are varied, depending upon the geographic area, water/irrigation district and other factors. Standard condition 29A specifically requires consistency with the ordinance, and specifies submittal of landscaping, irrigation plans and cost estimates for the project prior to Issuance of building permits and/or filing of a final map. Standard condition 29D requires landscaping along street setbacks and front yards to conform to landscape requirements. Other conditions address maintenance of landscaped areas, appropriate landscaping of open space areas, on-site inspections by licensed landscape professionals etc. Additional proposed condition An additional condition is proposed which, in accordance with the ordinance, specifies that turf is not allowed in median strips or in areas less than 8 feet wide. Turf is strongly discouraged along roadside areas. USE OF RECLAIMED (RECYCLED) WATER There are two existing ordinances which deal with use of reclaimed water. CONSTRUCTION USE FOR DUST CONTROL AND COMPACTION Ordinance 91-24, is an urgency ordinance requiring construction use of reclaimed water for dust control and compaction purposes. The ordinance was adopted during a period of drought, terminating on April 30, 1992. Prior to termination, this ordinance was extended through ordinance 92-20, terminating April 30, 1993. Standard Condition 33B indicates that the project shall comply with dust control requirements contained in the grading ordinance and provisions pertaining to water conservation. In addition, the Public Works Department has a standard provision in their contracts which specifies reclaimed water use consistent with this ordinance. Recommendation; Non-renewal of drought interim ordinance No other standard conditions are proposed, due to the temporary nature of the ordinance. This ordinance is not recommended for renewal, due to potential conflicts with Federal NPDES regulations, and inconsistency with aspects of water district programs. Staff recommends that a request for determination be made by the County to the San Francisco Regional Water Quality Control Board on this issue. In accordance with previous Water Committee and Board direction, staff will be working on long-term application of an ordinance of this type. It is anticipated that although issues remain to be worked out, an ordinance could be drafted which requires recycled water use, conforms more closely. with existing water district programs, and is not in conflict with Federal NPDES (non-point source) regulations. DUAL WATER SYSTEMS Ordinance 91-19, adopted April 9, 1991, allows dual water systems and use of reclaimed water to be considered as part of development, if water agencies determine it is feasible and desirable to do so. Projects in a dual water system area, an area with 15 acres or more than 120,000 square feet in floor space, or aggregate development fitting the size requirement are considered to be good potential candidates for reclaimed water use. The ordinance stipulates that the County would not approve a development application until water agency requirements for dual piping and other specifications are included. . Standard Conditions have not been applicable to this ordinance in that the County has simply adopted a support position to water agency efforts to expand use of reclaimed water. It is the responsibility of the respective water agency to communicate feasibility of reclaimed water use to the County, at their discretion. The East Bay Municipal Utility District is in a reasonably good position to do this, as the district has an existing program (targeted at extremely high water users, such as industry and golf courses) . This is not the case with Contra Costa Water District, with limited exceptions. Until CCWD has a comparable program, this ordinance would not be applicable in most circumstances. Standard condition suggestions A standard condition indicating applicability of the ordinance could be added. The condition could include potential for recycled water use and/or dual water systems to be considered for some combination of the following: developments which meet or exceed requirements outlined in the ordinance; applicability to any large development; developments with potential for a high degree of water usage; and/or other developments with potential as identified by the County, water or wastewater district. A standard condition could also be drafted addressing the maximization of recycled water use where feasible; i .e. irrigation of open space areas, median strips, golf courses, industrial . use, potential for front yard landscape, etc. Another option for a standard condition could include a sign-off by the current planner that the issue was considered in some manner by the water district, as part of the will-serve approval process. LOW FLOW PLUMBING FIXTURES Ordinance 91-15 amends the 1988 plumbing code to require low-flow toilets in new developments. All new buildings shall use "water closets" which use 1.6 gallons of water and urinals which use no more that 1 gallon of water. This ordinance is handled through the Building Inspection department and therefore through the Building Inspection permit process, rather than through the standard (Community Development Department) conditions of approval. A conversation with Bruce Burton of the Building Inspection Department has indicated that building plans are stamped with a list of required items, including an item specifying a 1.6 gallon maximum for water closets. This stamped portion of the plans must be checked off to verify compliance through field inspection, prior to any final approvals by the Building Inspection Department. Potential standard conditions A condition of approval could be added to help insure compliance, which specifies consistency with Ordinance 91-15, requiring low- flow toilets and urinals. An additional condition could be added requiring low-flow plumbing fixtures, which could include low-flow shower heads, as well as toilets .