Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: February 5, 2026 Agenda Title Third reading and consideration of a motion to adopt Ordinance 8721 amending Section 4-20-43, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to landscaping, water conservation, and wildfire resilience; and setting forth related details.

Staff Contact • •

Brad Mueller, Director, Planning and Development Services Karl Guiler, Development Code Amendment Manager, Planning and Development Services

Draft Motion Language Staff requests council consideration of this matter and action in the form of the following motion: Motion to adopt Ordinance 8721 amending Section 4-20-43, “Development Application Fees,” Title 6, “Health, Safety, and Sanitation,” Title 8, “Parks, Open Spaces, Streets, and Public Ways,” Title 9, “Land Use Code,” Section 10-8.5-2, “Adoption of International Wildland-Urban Interface Code with Modification,” and Section 11-1-25.5, “Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures, B.R.C. 1981, related to landscaping, water conservation, and wildfire resilience; and setting forth related details.

Executive Summary Staff requests City Council consideration of Ordinance 8721 (Attachment A) to complete the Waterwise Landscaping project, which is a component of the Wildfire Hardening and Waterwise Landscaping City Council 2024-2025 Work Program Priority Item. City Council considered the ordinance on first reading on Sept. 18, 2025, held the second reading public hearing on Oct. 16, 2025, and continued the public hearing to Dec. 18, 2026. At the Oct. 16 public hearing, Council requested adjustments to Ordinance 8721 to better balance wildfire safety, water savings, and tree preservation and continued the public hearing to allow time to refine the proposals. The December meeting was postponed to Jan. 8, 2026, due to the high wind event and power loss at city facilities. On Jan. 8, 2026, City Council found that the amendments to the ordinance addressed the specific requests made by council on Oct. 16, 2025 and unanimously passed Ordinance 8721 with the amendments made by staff in response to council comments. For a detailed summary of the City Council comments and the background and analysis provided for the project, see the Jan. 8, 2026 memorandum at this link. The attached Ordinance 8721 (Attachment A) reflects the same ordinance passed by City Council on Jan. 8, 2026. A third reading is required because the ordinance was amended at the continued second reading on January 8th. Staff continues to recommend that City Council adopt the ordinance, which would: -

Complete the Waterwise Landscaping and Wildfire Hardening 2024/2025 work program priority; Ensure city compliance with recently passed state bills on landscaping and water use; and Enable staff to move forward with the city manager rule process for adopting the Landscape Manual and Tree and Plant List associated with the project.

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, Ordinance 8721 would go into effect 30 days later and the Wildfire Hardening and Waterwise Landscaping 2024/2025 work program priority would be completed (this does not preclude any future work related to wildfire mitigation or water conservation efforts).

Adoption would bring the city into compliance with the state bills on non-functional turf and native plants, which specify Jan. 1, 2026 as the compliance date. Adoption of the ordinance also enables staff to move forward with the city manager rule adoption process to adopt the landscape manual and tree and plant list in advance of the ordinance effective date. Define and adopt a modified motion

Council would need to define any modifications to the draft motion language including any amendments council desires to the ordinance. This may require staff to bring back an amended motion and ordinance for Council adoption at a later date.

Deny the motion or take no action

Ordinance 8721 would not move forward and the Wildfire Hardening and Waterwise Landscaping work program item would not be completed within the anticipated 2024/2025 timeframe. The city’s landscaping regulations would also be out of compliance with the state bills on non-functional turf and native plants after Jan. 1, 2026. Measures to reduce wildfire risk would also not be implemented.

Alignment with City Plans and City Council History Sustainability, Equity and Resilience (SER) Framework and Citywide Strategic Plan Alignment SER Framework Goal Area While many of the policies in the Sustainability, Equity, and Resilience (SER) Framework are related to waterwise landscaping, the following policies align specifically with the intent of this project:

Safe A welcoming and inclusive community that fosters positive neighborhood and community relations and ensures that all residents are secure and cared for during emergencies and natural disasters. Public infrastructure is well-maintained and reliable, and natural resources like water, air, and land are protected.

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Builds and maintains resilient infrastructure, landscapes and neighborhoods to mitigate existing and future hazards and risks.

Livable High-performing, safe, and well-maintained buildings and infrastructure that accommodate a diverse set of community needs for working, learning, playing, and living. •

Encourages sustainable and well-regulated development of buildings supported by reliable and affordable city services and public infrastructure.

Environmentally Sustainable A sustainable, thriving, and equitable community that benefits from and supports clean energy; preserves and responsibly uses the earth’s resources; and cares for ecosystems. Accelerates progress towards the community’s ambitious climate and energy goals through a culture of shared environmental stewardship across Boulder. Ensures the efficient use of natural resources in a manner that does not deplete them over time while reducing the proliferation of non-reusable materials, toxins, and hazardous products. Citywide Strategic Plan Environmentally Sustainable Strategy 9. Increase community and ecosystem resilience to the current and future impacts of climate change. Staff Notes Waterwise Landscaping and Wildfire Hardening code changes will protect Boulder’s natural resources and support resilient landscapes and neighborhoods, while encouraging sustainable development that efficiently uses natural resources.

Alignment with Additional City Plans Boulder Valley Comprehensive Plan The Boulder Valley Comprehensive Plan (BVCP) is the overarching policy document for the city. Several relevant policies are adopted within the BVCP, with the following most directly applicable to this project: Natural Environment Policy 3.11 Urban Environmental Quality To the extent possible, the city and county will seek to protect the

environmental quality of areas under significant human and urban influence and will balance human needs and public safety with environmental protection. The city will develop and apply community-wide programs and standards for new development and redevelopment so that negative environmental impacts will be mitigated and overall environmental quality of the urban environment will be maintained and improved. Natural Environment Policy 3.12: Urban Forests The city will support, promote and, in some cases, regulate the protection of healthy existing trees and the long-term health and vitality of the urban forest in the planning and design of public improvements and private development. Urban canopy plays an important role in ameliorating the effects of climate change; therefore, the city will guide short- and longterm urban forest management that encourages overall species diversity and low water demand tree species. Natural Environment Policy 3.13: Water Conservation The city and county will promote the conservation of water resources through water quality protection, public education, monitoring, and policies that promote efficient water usage such as water-conserving landscaping. The city will endeavor to minimize water waste and reduce water use during peak demand periods. New development and redevelopment designs to conserve water will be encouraged. Natural Environment Policy 3.26: Protection of Water Quality Water quality is a critical health, economic and aesthetic concern. The city and county have been protecting, maintaining and improving water quality and overall health within the Boulder Valley watersheds as a necessary component of existing ecosystems and as a critical resource for the human community. The city and county will continue to reduce point and nonpoint sources of pollutants, protect and restore natural water systems and conserve water resources. Special emphasis will be placed on regional efforts, such as watershed planning, and priority will be placed on pollution prevention over treatment. Natural Environment Policy 3.27 Water Resource Planning & Acquisition Water resource planning efforts will be regional in nature, consider climate change, and incorporate the goals of water quality protection as well as surface and groundwater conservation. The city will use a variety of

strategies, such as water conservation, demand management, reuse, and acquisition of additional water supplies to meet the adopted municipal water supply reliability goals while balancing in-stream flow maintenance and preservation of sustainable agriculture. The city will seek to minimize or mitigate the environmental, agricultural, and economic impacts to other jurisdictions and seek to prevent the permanent removal of land from agricultural production elsewhere in the state in its acquisition of additional municipal water rights. The city and county may continue to acquire water rights for Open Space purposes. Economy Policy 5.12: Sustainable Business Practices The city and county will support sustainable and energy-efficient business practices and establish and maintain programs to assist businesses in exploring solutions to sustainable practices. Potential solutions for exploration include reducing waste and GHG emissions, increasing building energy efficiency (in existing or renovated structures), conserving water, reducing transportation impacts, and procuring local, recycled and compostable materials, products, and services. Local Governance and Community Engagement Policy 10.01: HighPerforming Government The city and county strive for continuous improvement in stewardship and sustainability of financial, human, information, and physical assets. In all business, the city and county seek to enhance and facilitate transparency, accuracy, efficiency, effectiveness and quality customer service. The city and county support strategic decision-making with timely, reliable and accurate data and analysis.

Water Efficiency Plan The Water Conservation Act of 2004 requires certain entities like Boulder to have a state approved water efficiency plan containing required minimum plan elements. All plans must be updated every seven years. The city recently updated its Water Efficiency Plan in 2024. The plan proposes new water conservation programs aimed at reducing water loss in the city's distribution system as well as improving incentives and educational community programs to support conserving water. The city will implement the updated plan over the next seven years. The Water Efficiency Plan identified the following programs for further evaluation and potential implementation and included promoting municipal code updates: •

Integrate water conservation into other planning efforts

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Investigate non-revenue water and strengthen water loss program Evaluate customer water budgets Perform feasibility study for Advanced Metering Infrastructure (AMI) Assist customers with fixture/appliance upgrades Improve water efficiency of municipal irrigation Evaluate municipal code for water efficiency improvements Enhance water efficiency communication Expand demonstration garden program Set up landscaper water efficiency training program Enhance customer support Build water conservation partnerships with existing community groups

The Water Efficiency Plan further describes the municipal code evaluation: Boulder staff will evaluate its current Municipal Code, rules, regulations, and ordinances to identify sections that could be modified to better integrate and support efficient water use. Staff will work with other stakeholders and departments to develop recommended updates for consideration. Ordinances and regulations prepared by other local water providers may be reviewed for applicability within Boulder and can serve as examples for consideration. Staff will generate an internal report on recommendations.

City Council History See Jan. 8, 2026 staff memorandum to City Council at this link for a comprehensive account of the history of City Council’s review and direction on the Waterwise Landscaping and Wildfire Hardening work program priority. City Council considered the ordinance on first reading on Sept. 18, 2025, held the second reading public hearing on Oct. 16, 2025, and continued the public hearing to Dec. 18, 2026. At the Oct. 16, public hearing, Council requested adjustments to Ordinance 8721 to better balance wildfire safety, water savings, and tree preservation and continued the public hearing to allow time to refine the proposals. The December meeting was postponed to Jan. 8, 2026, due to the high wind event and power loss at city facilities. On Jan. 8, 2026, City Council found that the proposed amendments to the ordinance addressed the specific requests made by council on Oct. 16, 2025 finding that the changes better balanced the goals of the project. City Council commended staff on the work and acknowledged former Councilmember Lauren Folkerts who was the sponsor

of the work program priority. On a vote of 8-0, City Council moved to pass Ordinance 8721 with the amendments made by staff in response to council comments. Initially, the ordinance was anticipated to go into effect on March 1, 2026. Due to the amendments adopted on January 8, the ordinance requires a third reading for its final passage and will take effect 30 days after its final adoption. Consideration of final adoption is anticipated on February 5. Accordingly, the March 1, 2026 effective date has been removed from the ordinance and, if finally adopted on February 5, the ordinance would go into effect on March 7, 2026. For a detailed summary of the City Council comments and the background and analysis provided for the project, see the Jan. 8, 2026 memorandum at this link.

Analysis The attached Ordinance 8721 (Attachment A) reflects the same ordinance passed by City Council on Jan. 8, 2026. A third reading is required because the ordinance was amended on second reading. Staff continues to recommend that City Council adopt the ordinance, which would: -

Complete the Waterwise Landscaping and Wildfire Hardening 2024/2025 work program priority; Ensure city compliance with recently passed state bills on landscaping and water use; and Enable staff to move forward with the city manager rule process for adopting the Landscape Manual and Tree and Plant List associated with the project.

Equity Analysis See Jan. 8, 2026 staff memorandum to City Council at this link.

Fiscal Note See Jan. 8, 2026 staff memorandum to City Council at this link.

Climate, Resilience, and Sustainability Considerations See Jan. 8, 2026 staff memorandum to City Council at this link.

Community Engagement See Jan. 8, 2026 staff memorandum to City Council at this link.

Workplan Considerations Adoption of Ordinance 8721 will implement the last component of the 2024-2025 work program priority on Wildfire Hardening and Waterwise Landscaping and increases the city’s ability to meet goals on water conservation, wildfire resiliency, and broadening city urban tree canopy. The ordinance would also bring the city into compliance with Colorado Senate Bill SB24-005 and Colorado House Bill HB25-1113 that restrict turf and non-native plants. While the ordinance completes this particular work program priority, future work addressing the city’s environmental and resilience goals are anticipated. As staffing allows, additional changes to the landscape manual and tree and plant list will be implemented.

Next Steps for City Council If Ordinance 8721 is finally adopted on February 5, it will go into effect on March 7, 2026. No further action is necessary from City Council on this work program priority.

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Attachment A - Proposed Ordinance 8721