Agenda Memo

City of Boulder City Council Agenda Item Meeting Date: October 16, 2025 Agenda Title Second 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 move forward with implementation of the Waterwise Landscaping project,

which is a component of the Wildfire Hardening and Waterwise Landscaping project, a City Council 2024-2025 Work Program Priority Item. City Council initiated the project at its retreat in March of 2024 with the following goals: 1. Review existing best practices for resilient landscape policies, incentives, education and regulation; 2. Work across departments to identify potential operational enhancements, education and incentive programs, and resources, including leveraging grants in support of the two focus areas; 3. Review code revision options as part of the scheduled updates to the International Building Codes (including the Fire Code and International Wildland Urban Interface Code); and 4. Review other code updates as they relate to resilient landscapes and wildfire hardening and bring forth potential tweaks that would make progress while limiting enforcement need. The draft ordinance would implement the Waterwise Landscaping portion of the work program priority item as well as making some necessary updates to the Wildland Code regulations to align with the landscaping changes and create more clarity. City Council gave direction on this project on two occasions: December 12, 2024 and July 31, 2025. A detailed summary of the July discussion can be found at this link. Following the input from council, staff moved forward with further refinement the draft ordinance (Attachment A) and a new citywide regulatory tree and plant list and landscape manual proposed for adoption under city manager rules. These are discussed in detail in this memorandum, as well as the background and past adoptions associated with the work program priority. An annotated ordinance can be found in Attachment B. City Council considered Ordinance 8721 for first reading on Sept. 18, 2025, and had no questions.

Questions for Council 1. Does the City Council recommend any modifications to the draft ordinance? 2. Does City Council agree with the changes to the scope of projects that require landscape plans or the requirement for licensed landscape architects for certain sized lots? 3. Does City Council have any comments on the draft tree and plant list and draft landscape manual set for eventual adoption by city manager rule?

Council Action Options Option

Outcome

Approve motion language as drafted

If the motion is approved, Ordinance 8721 would go into effect on Jan. 1, 2026 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). This date complies with the state bills required compliance date related to nonfunctional turf and native plants (i.e., Jan. 1, 2026). Adoption of the ordinances 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 2026.

Define and adopt a modified motion

Council would need to define any modifications or amendments to the draft motion language requiring changes to the draft ordinance. This would require staff to bring back an amended motion and ordinance for Council adoption at a later date. Specific requested changes typically can be adopted on third reading (on consent) not long after the public hearing. More extensive changes may require an additional public hearing at a later date. Delays could jeopardize the ability to have the landscape manual and tree and plant list adopted prior to the effective date and state bill compliance date.

Deny the motion or take no If this motion is denied, Ordinance 8721 would not action 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 nonfunctional turf and native plants after Jan. 1, 2026. Refer back to staff

If council refers this item back to staff, staff could make requested modifications and return to council at a future date to advise on any new options or timelines to complete the project.

Alignment with City Plans and City Council History 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. •

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.

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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: High- Performing 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 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 City Council identified Wildfire Hardening & Waterwise Landscaping Policies & Regulation as one of its 2024-2025 work program priorities. At its retreat in 2024, Council agreed to establish a priority that encompasses a review of policies and regulations focused on wildfire hardening strategies (building and properties) and waterwise landscaping (such as native plant use). While combined into one council priority, these have been managed as two discrete projects: Wildfire Hardening and Waterwise Landscaping. In the spring of 2025, City Council adopted Ordinance 8695, which expanded the Wildland Urban Interface (WUI) area and applied restrictions to new construction to reduce the risk of wildfire spread. Changes included creation of a noncombustible zone around new buildings and structures (no vegetation or combustible materials 0 to 5 feet), defensible space restrictions limiting vegetation to low flammability plants within a zone 5 to 30 feet around new construction, and non-combustible and ignition resistant requirements for decks and fences, among others. For more information on the adopted Wildfire Hardening changes, see the April 17, 2025 memo and adopted Ordinance 8695. City Council gave direction on this project on two occasions: December 12, 2024 and July 31, 2025. A detailed summary of the July discussion can be found at this link. Following the input from council, staff moved forward with further refinement of the land use code change, continued development of the landscape manual and tree and plant list, and community engagement focused on these topics.

Planning Board Recommendation Planning Board considered Ordinance 8721 and the draft tree and plant list and landscape manual at a public hearing on Sept. 2. On a 3-2 vote (two members absent), Planning Board failed to recommend adoption of the ordinance to City Council. Commentary from the board was largely complementary and supportive of the project and completed work, the approach of moving technical details from the code into a landscape manual adopted by city manager rule, and the foundational aspects of the manual and tree/plant list for future updates to further city goals. Despite this, two board members voted against the ordinance based on concerns that the tree and plant list (low flammability plants) in combination

with the wildland code regulations (already adopted) would lead to a more arid appearance of landscaping that is not properly balanced with goals of increasing tree canopy for urban cooling. One board member felt that the non-combustible zone in combination with provisions in the ordinance would lead to a disproportional impact to multi-unit properties and the ability to have attractive landscapes and gardens. The other board member that voted against the ordinance asserted that tree protection on private property should be a larger component of the project now as well as use of graywater for watering landscaping. Staff indicated that tree protection on private land was an important factor for future edits to the landscape manual (by city manager rule) but was not included at this time due to the budget challenges on hiring new staff to implement. Further, such changes regarding tree protection on private property and development of a process and necessary permitting for tree removals would require more time for drafting standards and significant community outreach. When budget conditions can allow more staff resources in the future, staff would be able to move forward with such requirements through updates to the landscape manual. Staff also raised concerns about the use of graywater, which is a subject of an upcoming memo to council on a graywater ordinance scheduled for consideration in October and November of this year. The board was also not in alignment on the topic of whether to support the proposed requirement for a licensed landscape architect for lots greater than one acre. The board members also shared concerns about the changed scope thresholds due to equity concerns. One member raised an example that changing the thresholds would impact owners of smaller, older homes where the 50% threshold could be easily exceeded for smaller scale projects and could be cost prohibitive for owners to make improvements. Further, one board member opposed the current threshold for landscape plans based on when a new dwelling unit is proposed (an existing requirement) within internal conversions and recommended its removal. A motion was made to remove the dwelling unit threshold but failed on a 3-2 vote. Board members suggested minor technical changes and design-related modifications to the Site Review criteria and open space standards for courtyards and landscape planting area widths. These have been incorporated into Ordinance 8721 (Attachment A) based on board consensus on the suggestions and staff acknowledgement of them. The first change relates to aligning the language of Section 9-2-14(h)(4)(B)(i)(b)(4)(vi) with Section 9-9-11(e)(3)(D) on courtyards, and the second change is a clarification that landscape areas less than five feet with vegetation should not count as open space, not including noncombustible zones. The draft minutes from the September 2nd meeting can be found in Attachment J.

Water Resources Advisory Board Discussion Water Resources Advisory Board reviewed the proposed ordinance on Sept. 15, 2025 as an information item (no recommendation required). The board expressed support for the project and the efforts to further conserve water in the community. Questions were asked about the requirement for licensed landscape architects for reviews. The board also recommended that a formal internal review process be created to guide how changes will be made to the landscape manual and tree and plant list.

Analysis Summary of proposed changes in Ordinance 8721 Boulder, like many communities, initially created landscaping regulations to establish standards to ensure quality aesthetics in development and to soften the impact of development with greenery, texture, and color. Later, new standards were added related to stormwater management and water quality, as well as water conservation standards. Boulder’s landscaping standards have not been updated since 2003 and therefore are not necessarily reflective of contemporary best practices. Most evident is that there are no references to emerging concerns such as climate change and wildfire prevention. One of the main components of this project has been to update the code based on best practices of water conservation and wildfire resistance. The draft ordinance, found in Attachment A (annotated version in Attachment B). The draft code change would: •

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Update Section 9-9-12, “Landscaping and Screening Standards," to remove technical landscaping details relating to plant materials and quantities, mulch and soil standards, and minimum sizes for plants and trees and move them to the more adaptable landscape manual as discussed below (and identified best practice by Martin and Wood and internal expert staff). Expand purpose statements in Section 9-9-12 related to the goals of water conservation, wildfire resiliency, and urban cooling beyond the original intents of the standards, as well as updates to process, application standards, allowable modifications, definitions, and general requirements. Establish new city manager rules to enable adoption of a new regulatory Boulder Approved Tree and Plant List and City of Boulder Landscape Manual, drafts of which are included as Attachment C and Attachment D, respectively. Create an exemption from Site Review amendments or modifications for projects that elect to replace turf with less water use turf and maintain existing trees (see new Section 9-9-12(d), “Prior Approvals and Turf Replacement or Conversion”). Modify and simplify the scope of projects by adjusting valuation percentages and adding new triggers for landscape plans as follows (see

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Key Issue on this topic): o Removes iterative landscaping requirements like alley trees and parking and trash screening requirements for smaller projects (projects with three units or less, valued at over 25% but less than 50% of the value of existing structures). o Adjusts the full landscaping compliance for expansion projects (i.e., new floor area) with three or less dwelling units from being valued at 75% of the value of existing structures down to 50% of the value. For internal renovation projects (i.e., no new floor area), the valuation is proposed to be modified from 100% of the value of existing structures down to 75% of the value. o Requires a landscape plan for any project needing a permit and involving a land disturbance of more than 50% of the existing aggregate landscape area or a disturbance of more than 5,000 square feet on a lot or parcel, whichever is less. A land disturbance is defined as site grading, new landscaping, surfacing or resurfacing, but excludes footings and foundations for buildings and structures. This provision does not currently exist in the land use code, is intended to capture projects associated with permits that include significant site work, and would be consistent with triggers within the 2024 and 2025 state bills on water conservation and use of non-functional turf. Requires a licensed landscape architect to prepare any landscape plans for sites greater than one acre in size (see Key Issue on this topic) Update references of landscaping, trees, and plants throughout the Boulder Revised Code, including: o Title 4, “Licenses and Permits,” B.R.C. 1981- Updates name of administrative review application to “landscaping standards modification” consistent with a change in Title 9, Land Use Code, that currently references a “variance” in Table 2-1. o Title 6, “Health, Safety, and Sanitation,” B.R.C. 1981- Adds updated definitions to noxious weed and community resilience and new references to city goals on urban tree canopy. o Title 8, “Parks, Open Spaces, Streets, and Public Ways,” B.R.C. 1981 – Aligns existing “landscaping” and “landscaping area” definitions in Title 8 with updated definitions in Title 9, Land Use Code. o Title 9, Land Use Code, B.R.C. 1981 – Added references to wildfire resiliency and urban heat island mitigation to the Site Review criteria (Section 9-2-14) o Title 10, “Structures,” B.R.C. 1981 – See updates to wildland code below. o Title 11, Utilities and Airport,” B.R.C. – Necessary updates to the city’s “Waste of Water” code.

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New references to the wildland code restrictions have been added to relevant sections on landscaping and fencing to ensure that the codes align. The wildland code (which was adopted this past spring and referenced in this memorandum) is also proposed to be updated to reference the new Boulder Tree and Plant List and clarify the applicability of defensible space standards. More specifically, the changes clarify that: o New plantings in the WUI must comply with the Boulder Tree and Plant List for all permits; o Existing non-compliant plants (i.e., ones that are not approved for the WUI) would require removal for any new buildings and structures requiring a building permit, not including additions or decks. o The 0-5’ noncombustible zone is required for the perimeter of all new buildings and structures. The non-combustible zone applies to additions greater than 200 square feet and is only required around the area of any addition. o The non-combustible zone is only required around the area of any new deck and is, per the prior ordinance, required to have an ignition resistant surface. The effective date of the ordinance is proposed for Jan. 1, 2026. This date is consistent with the compliance date of the Colorado Senate Bill SB24005 and Colorado House Bill HB25-1113 on water conservation and use of non-functional turf, which will provide people time to understand the regulatory change, and time to finalize the draft tree and plant list and landscape manual discussed below.

Summary of new “Boulder Approved Tree and Plant List” and “City of Boulder Landscape Manual” to be adopted separately by City Manager Rule Boulder Approved Tree and Plant List •

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Coordination – The list has been prepared by a horticulturist consultant contracted by Climate Initiatives and has been refined with input from community members and the city’s Fire-Rescue, Planning and Development Services, Utilities, Open Space Mountain Parks, and Parks and Recreation (Urban Forestry) departments. Form - The proposed list will include allowed and prohibited plants; it will also encourage the use of native plants that are waterwise and wildfire resistant (though not mandated). The list is regulatory for new plantings

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city-wide. Existing plants that are contrary to the list may be required for removal on large development projects, if required by the wildland code. The list would ultimately be found on the City Urban Forestry website, and be managed by a partnership of Climate Initiatives, Urban Forestry, and Planning and Development Services. The list would be used citywide and replace several separate, conflicting lists that are used by different departments. City Manager Rule -The list is proposed to be adopted by city manager rule rather than by ordinance, which would allow it to be updated more regularly. More routine updates enable it to be more be adaptable to changing needs, methods, technologies, plant material availability, and ecologically responsive management to meet the goals of the project. If the ordinance discussed above is adopted, staff aims to have the list adopted through a city manager rule public process before the end of the year. Draft - The draft list can be reviewed in Attachment C. In the short time to meet the deadlines of the project, the tree and plant list is intended to be finalized at the time of the ordinance effective date (i.e., Jan. 1, 2026) to function as an implementable list, but it will be updated in the future to expand the list to a filterable version accessed online.

City of Boulder Landscape Manual •

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Draft - Consistent with Martin and Wood’s recommendations of best practices (see Attachment H), staff analyzed landscape manuals prepared by peer communities. An increasing number of jurisdictions use landscape manuals adopted by city manager rules, rather than incorporating detailed technical requirements in their codes, so that the manuals are more easily adaptable to needed modifications like the tree and plant list discussed above. Staff anticipates updates to the manual on an annual basis. Form - Staff has drafted a landscape manual for Boulder that derives best practices from peer communities, including but not limited to: Aurora, CO, Aspen, CO, Bozeman, MT, and Colorado Springs, CO. In the short time to meet the deadlines of the project, the manual can be finalized in coming months to function as an implementable document, but it could be updated in the future with help of consultant experts to expand upon the foundational elements listed below. Graphics, pictures, and new best practices could be integrated in the future. Content - The manual includes the following sections intended to balance the goals of the project:

o Soil and Mulch Standards o Turf, Plant, and Tree Specifications o Wildland Urban Interface (WUI) Landscape Area Standards o Water Conservation and Efficiency Standards o Irrigation Standards o Maintenance Standards • Turf restrictions - The manual reflects restrictions on non-functional turf and non-native plants, which per Colorado Senate Bill SB24-005 and Colorado House Bill HR25-1113 prohibit installation of non-functional turf (with some exceptions) for the following uses: Commercial, institutional, industrial, and common interest community properties, as well as residential projects with 12 or more dwelling units. City Council indicated support for restricting non-functional turf in all multi-unit projects and therefore, this restriction is proposed to apply to any projects with more than three dwelling units. • Watering restriction - A restriction on water is also proposed, limiting lawn watering to outside of daytime hours (10am to 6pm), with some exceptions. • Wildland references - Given that restrictions in the Wildland Urban Interface (WUI) that apply to a range of building construction materials (e.g., fences, decks, additions, and new builds), a new section would serve as a consolidated location of these rules with specific references to the Wildland Code of Chapter 8.5 of Title 10, Structures. • Urban Agriculture – Some members from both Planning Board and City Council expressed concern about the impact of the noncombustible zone requirement (i.e., no vegetation within the 0-foot to 5-foot zone around any new building or structure). Fire-Rescue staff and fire science researchers have indicated that this is one of the most essential ways of deterring the spread of wildfire in urban settings and wildfire experts note that exceptions to this are not advisable. Clarification about urban agriculture outside of this zone has been added to the manual to enable crops in a manner that can deter wildfire risk. The regulation states, “Urban Agriculture and Annual Crops: Outside of the 0-foot to 5-foot noncombustible zone, planting areas for urban agriculture and annual crops are allowed if maintained to reduce dead material and not to exceed 3 feet in height.” • Phased Implementation-The present form of the manual has been developed as a first iteration, a foundational version that can be implementable when the code changes go into effect. Developing it at the current scope is based on recognizing current conditions, versus

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implementing a hypothetical expanded suite of new standards that were not grounded in current staffing and resource allocations. Over time, the city will have a fuller understanding of resources needed for increased plan reviews, inspections, enforcement, administrative tasks, etc. involved with implementation and can propose resources to support an expanded scope. The current implementation will support the potential for future additional standards that then further even more the city’s goals on water conservation, wildfire resilience, and urban cooling. Future updates to the manual will likely include expanded standards for tree preservation and protection for increased shade and water savings, soil amendments, water efficiency, irrigation, temporary irrigation, updates to the city’s Design and Construction Standards (DCS), and others when staff resources allow. City Manager Rule - The landscape manual is proposed to be adopted by city manager rule rather than by ordinance, which would allow it to be updated more regularly and when staff resourcing can implement the content. More routine updates enable it to be more be adaptable to changing needs, methods, technologies, plant material availability, and ecologically responsive management to meet the goals of the project. If the ordinance discussed above is adopted, staff aims to have the list adopted through a city manager rule public process before the end of the year and in advance of the Jan. 1, 2025 ordinance effective date. Draft - The draft manual can be reviewed in Attachment D.

The draft ordinance is consistent with many other cities that have elected to transfer technical requirements from their zoning codes into separate landscape manuals. In researching best practices for code changes, the landscape manual, and tree and plant list, and to better understand resourcing to implement expanded landscaping regulations, staff reached out to and interviewed the following communities: Aspen, Aurora, Bozeman, Castle Rock, Denver, Fort Collins, Seattle, and Washington, D.C. For a summary of discussions with these communities, see Attachment G.

Staff Recommendation Staff’s recommendation is to adopt Ordinance 8721, finding that the ordinance is consistent with the BVCP per the analysis in this memorandum. Staff also finds that the ordinance would further the goals of the Water Efficiency Plan and the Community Wildfire Protection Plan by making incremental steps towards increasing water conservation efforts, expanding and preserving tree canopy for urban cooling (and less water loss), and advancing wildfire resilience through landscaping regulations that require low flammability plants and more fire resistant native vegetation. The ordinance also includes necessary updates to the wildland code to refer to the new tree and plant list as well as clarifications about applicability.

Equity Analysis Staff utilized the Racial Equity Instrument to analyze equity impacts of both the Waterwise Landscaping and Wildfire Hardening projects, including establishing outcomes, collecting data, determining benefit and burden, and developing strategies. This tool has been initiated to guide efforts in this project, limit any disproportionate burdens, and advance racial equity. With increasingly more complicated requirements, licensed landscape architects become more necessary. This does increase the financial burden on property owners. This could disproportionally impact people of color in the community. Further, increased complexity in requirements over time will require more detailed review of landscape plans and potentially longer plan/permit approval times. Further, if more properties are subject to the requirements, the number of landscape plans needing review could increase. This would necessitate more city staffing. In addition, if there are more stringent requirements, there would be increased need for inspections and potentially enforcement for properties that do not comply. This also increases need for more staff. These considerations must also be balanced with changes that achieve real results to advance water conservation, wildfire resiliency, and urban cooling. Based on these impacts, staff has raised this as a Key Issue consideration. Considering the cost, staffing, and implementation challenges alongside moving forward with changes that can achieve real results, staff is proposing the following: •

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As stated in the "Phased Implementation" section above, the present form of the manual has been developed and recognized as a first iteration, a foundational version that can be implemented with current staffing levels once the ordinance goes into effect. The scope of what projects/permits require landscape plans has been modified with lower triggers to capture more properties as discussed in "Summary of Proposed Changes in the Draft Ordinance” section above. This may increase the number of landscape plans required for review, but it is anticipated to be able to be administered with current staffing levels. A requirement for a licensed landscape architect to prepare plans for properties over one acre.

Fiscal Note The city’s budget challenges and the need for additional staff resources to implement both the Waterwise Landscaping project and additional Wildfire Hardening requirements creates a notable workplan impact that raises questions about how aspects of the project will be implemented and if there should be a phasing schedule dependent on staff hiring. The estimated workforce impact is due to an increased amount of complexity for enforcement and initial plan review (building permits, technical documents, site reviewers, etc.). The regulations are more detailed and therefore require more staff time and enforcement resources. To account for these concerns, staff is only proposing code changes and technical standards in the landscape manual that generally can be implemented at this time under current staffing resources. Fund(s): Planning & Development Services Department(s): Planning & Development Services Program(s): Multiple

FY 2025 Budget

FY 2025 Estimated Impact

FY 2025 Net Change

Beginning Fund Balance

$20.43M

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$20.43M

Total Forecasted Revenue

$14.22M

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$14.22M

Total Estimated Expenses

$16.45M

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$16.45M

Ending Fund Balance(s) After Reserves

$16.01M

$0

$16.01M

FTE

113.0 FTE

Item

113.0 FTE

Three-Year Estimated Fiscal Impact

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FY 2025

FY 2026

FY 2027

Total Forecasted Revenue

$0.0M

$0.0M

$0.0M

Total Estimated Expenses

$0.0M

$0.1M

$0.0M

Net Estimated Impact

$0.0M

$0.1M

$0.0M

Climate, Resilience, and Sustainability Considerations Both the Wildfire Hardening and Waterwise Landscaping projects would help implement policies of the Boulder Valley Comprehensive Plan, the Water Efficiency Plan, and the Community Wildfire Protection Plan, as well as Cool Boulder initiatives. These steps are aligned with Boulder’s climate, resilience, and sustainability goals. Separately, the city is also doing heat vulnerability mapping to help guide future actions to mitigate urban heat island effect and reduced use of water. In 2026, the city will be conducting a Climate Resilient Landscapes Challenge. This initiative will highlight landscapes across the city in different types of land ownership classes — detached dwelling unit residential, multi-unit residential, commercial and institutional — that integrate landscape design and maintenance practices that enhance cooling, water absorption, biodiversity, and other ecosystem services. Landscapes we will increasingly need to rely on to counter the impacts of climate change.

Community Engagement Community engagement on the Waterwise Landscaping project has largely focused on a consult level of engagement. The city’s Water Efficiency Plan, described above, was completed in 2024 and a summary of community engagement is included at this link. That planning process included community engagement activities such as online questionnaires, stakeholder meetings, and staff workshops. As there is significant subject matter overlap, the feedback received through the Water Efficiency Plan process has informed this project, such as strong community support for additional water conserving measures. The community has been informed of the Waterwise Landscaping project through a project website, emails sent out to interested members of the

community, and the P&DS Newsletter. Staff also created and promoted the Be Heard Boulder webpage for people to review the materials (e.g., drafts of the land use code change, landscape manual, and tree and plant list discussed in this memorandum) and provide feedback online. Comments received as of Oct. 1 can be reviewed in Attachment E. Generally, comments have been supportive of additional water conserving measures with some comments noting that the city should go further with the regulations to restrict additional water intensive turf like Kentucky Bluegrass. One comment points out the increasing complicated nature of requirements and another presents a concern that turf removals will result in more landscape rocks, less trees, and environments that will drive up temperatures. Comments also relate to the importance of preserving trees, ensuring long term tree health, and maintenance challenges with landscaping. Staff reached out to local design professionals specializing in landscaping and those involved in development, plant specialists, and landscape contractors that work in the community to obtain feedback. Staff held two community meetings (virtual and in person) to address comments or questions on the proposed code change, tree and plant list, and landscape manual. In addition, staff held office hours for people to drop in for questions or comments. Staff also met with plant specialists who have provided thoughtful, detailed comments that led to adjustments to the tree and plant list. A summary of comments by comments and topic can be found in Attachment F. Lastly, a draft study entitled “Filling the Regionally-Native Plant Supply Gap on the Front Range – A Feasibility & Desirability Study”: prepared by a University of Colorado graduate student in Attachment I provides relevant feedback from the community on knowledge and choices about landscaping and plant availability.

Workplan Considerations The ordinance would 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 HR25-1113 that restrict turf and non-native plants. While this 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 Adoption of Ordinance 8721 would put the updated rules into effect on Jan. 1, 2026. Following adoption, staff would move forward with the city manager rule process for the landscape manual and the tree and plant list. No further action

would be necessary from City Council, although council could suggest future work efforts in the realm of wildfire mitigation, water conservation, or urban cooling.

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Attachments Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Attachment I:

Attachment J:

Proposed Ordinance 8721 Annotated Ordinance Draft Boulder Approved Tree and Plant List Draft Landscape Manual Be Heard Boulder feedback Summary of community feedback Summary of feedback from peer communities Martin and Wood Best Practices summary Filling the Regionally-Native Plant Supply Gap on the Front Range – A Feasibility & Desirability Study prepared by a University of Colorado Graduate Student (draft) Draft Planning Board minutes from Sept. 2, 2025