Ord 704ORDINANCE NO. 704
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA,
AMENDING TITLE 17 OF THE POWAY MUNICIPAL CODE
BY ADDING CHAPTER 17.07, AND ADDING SECTION 17.41.130(C),
ALL REGARDING WATER EFFICIENCY STANDARDS
(ZONING ORDINANCE AMENDMENT 10 -01)
WHEREAS, on December 2, 2008, the Poway City Council adopted Ordinance
No. 682 enacting a water conservation plan; and
WHEREAS, Article 10, Section 2 of the California Constitution declares that
waters of the State are to be put to beneficial use, that waste, unreasonable use, or
unreasonable method of use of water be prevented, and that water be conserved for the
public welfare; and
WHEREAS, conservation of current water supplies and minimization of the
effects of water supply shortages that are the result of drought are essential to public
health, safety and welfare; and
WHEREAS, regulation of the manner of certain water use, method of application
of water for certain uses, and installation and use of water - saving devices provide an
effective and immediately available means of conserving water; and
WHEREAS, San Diego County is a semi -arid region and local water resources
are scarce. The region is dependent upon imported water supplies provided by the San
Diego County Water Authority, which obtains a substantial portion of its supplies from
the Metropolitan Water District of Southern California. Because the region is dependent
upon imported water supplies, weather and other conditions in other portions of this
State and of the southwestern United States affect the availability of water for use in
San Diego County; and
WHEREAS, this Ordinance will increase water use efficiency by establishing
water allowances, promoting installation and maintenance of efficient irrigation systems,
and encouraging use of plants that use water efficiently based on climate, soil type and
site features; and
WHEREAS, on March 16, 2010, and April 6, 2010, the City Council held a duly
advertised public hearing to solicit comments from the public, both pro and con, relative
to this Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES
ORDAIN AS FOLLOWS:
Section 1: The City Council finds that the adoption of this Ordinance is exempt from
the California Environmental Quality Act (CEQA) pursuant to Section 15307 of the
CEQA Guidelines, as a Class 7 exemption, because the project consists of action taken
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by the City to require conservation in water use, thereby protecting an important natural
resource.
Section 2: Chapter 17.41.130(C) is added to the Poway Municipal Code (PMC) as
follows:
The MAWA of the project shall also be subject to PMC Section 17.07.030.
Section 3: Chapter 17.07 of the PMC is added as follows:
CHAPTER 17.07 WATER EFFICIENCY STANDARDS
17.07.010 Purpose
17.07.020 Interior Standards
17.07.030 Exterior Standards
17.07.010 Purpose
The City of Poway has determined that the City's water resources are in limited supply.
Accordingly, water conservation must be promoted. These interior water use and
exterior water use standards will help to achieve water conservation, enable effective
water supply planning, assure reasonable and beneficial use of water, prevent waste of
water, and prevent unreasonable use of water within the City of Poway in order to
assure adequate supplies of water to meet the needs of the public, and further the
public health, safety, and welfare, recognizing that water is a scarce natural resource
that requires careful management not only in times of drought, but at all times.
17.07.020 Interior Standards
All new construction projects that involve the issuance of a City Building Permit for any
new plumbing fixtures shall comply with the water efficiency and conservation standards
for plumbing fixtures contained in the Mandatory Residential Standards (Chapter 4,
Division 4.3) or the Mandatory Nonresidential Standards (Chapter 5, Division 5.3), as
applicable based on project type, of the 2010 California Green Building Standards
Code. For additions and /or remodels to existing buildings, this shall apply only to
proposed new plumbing fixtures.
17.07.030 Exterior Standards
All new construction projects that meet the applicability criteria specified in PMC Section
17.41.040(A), unless specifically exempted pursuant to PMC 17.41.040(B), shall reduce
the project's Maximum Applied Water Allowance (MAWA), as defined in PMC 17.41.030
and as calculated pursuant to PMC 17.41.130, by a minimum of ten percent. The ten
percent reduction in the project's MAWA shall be achieved by one or a combination of
the following methods:
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(A) Landscape and Irrigation Design. The ten percent reduction, or a portion of the
ten percent reduction, may be achieved through implementation of a very
efficient landscape and irrigation plan, designed in accordance with the
standards contained in Chapter 17.41 PMC and the 2010 Landscape and
Irrigation Design Manual, and to be demonstrated through the applicant's
calculation of the project's Estimated Total Water Use, as defined in PMC
17.41.140.
(B) Other Water Conserving Features. The ten percent reduction, or a portion of the
ten percent reduction, may be achieved through the implementation of other
water conserving features in the project, which include, but are not limited to, the
following:
1. Any Residential Voluntary Measures (Appendix A4, Division A4.3), or
Nonresidential Voluntary Measures (Appendix 5A, Division A5.3), as
applicable based on project type, of the 2010 California Green Building
Standards Code,
2. Pool covers,
3. Grey water systems,
4. Well water use.
The applicant shall be responsible for providing information to the Development
Services Department that demonstrates the estimated amount of water
conservation achieved with other water conservation feature or features to be
implemented in the project. The Development Services Department shall verify
the estimate for accuracy. The applicant shall have the ability to appeal any
decision made by the Development Services Department regarding the accuracy
of the estimated water conservation to the Director of Development Services.
(C) Voluntary payment of a Water Offset fee. The ten percent reduction, or a portion
of the ten percent reduction, may be achieved through payment of a Water Offset
fee. The fee is calculated as shown in the following formula:
Portion of additional 10%
conservation which is not achieved
Average gallons saved /square foot
for conversion projects (34.5 gal.)
Average cost/square foot
X or conversion
projects ($8.67)
Section 4: This Ordinance shall be codified.
Ordinance No. 704
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EFFECTIVE DATE: This Ordinance shall take effect and be in force sixty (60) days after
the date of this passage; and before the expiration of fifteen (15) days after its passage,
it shall be published once with the names and members voting for and against the same
in the Poway News Chieftain, a newspaper of general circulation published in the City of
Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway held the 16 day of March 2010, and thereafter PASSED AND ADOPTED at a
regular meeting of said City Council held the 6 th day of April 2010.
Don Zinson, yor
ATTEST:
da . Troyan, MMC, City Clerk
Ordinance No. 704
Page 5
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify that
the foregoing Ordinance No. 704, was duly adopted by the City Council at a meeting of
said City Council held on the 6th day of April 2010, and that it was so adopted by the
following vote:
AYES: Boyack, Cunningham, Rexford, Kruse, Higginson
NOES: None
ABSENT: None
DISQUALIFIED: None
L a A. Tr yan, MMC, City Clerk
City of PowXay