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HomeMy WebLinkAbout701ORDINANCE NO. 701 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE TO ADD CHAPTER 15.30 "WATER EFFICIENT LANDSCAPE STANDARDS AND GUIDELINES" TO TITLE 15 OF THE IRWINDALE MUNICIPAL CODE TO BE CONSISTENT WITH STATE LAW A. RECITALS WHEREAS, the waters of the State of California are of limited supply and are subject to ever increasing demands; and WHEREAS, the continuation of economic prosperity is dependent on the availability of adequate supplies of water for future uses; and WHEREAS, landscapes are essential to the quality of life in the State of California (the "State") and the City of Irwindale by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development; and WHEREAS, landscape design, installation, maintenance, and management can and should be water efficient; and WHEREAS, Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water; and WHEREAS, the recent drought has emphasized the need to be prudent in the use and conservation of water; and WHEREAS, pursuant Governor Brown's Drought Executive Order of April 1, 2015 (EO B-29-15), the California Water Commission approved an update to the State's Model Water Efficient Landscape Ordinance; and WHEREAS, the State requires local agencies to adopt the 2015 State Model Ordinance or an ordinance that is "at least as effective" in conserving water; and WHEREAS, to comply with State requirements, to provide consistency with other jurisdictions, and to ease use for applicants, the City desires to adopt the 2015 San Gabriel Valley Council of Government's Regional Model Ordinance, which is a regional Water Efficient Landscape Ordinance that is "at least as effective" as the State "2015 State Model Water Efficient Landscape Ordinance". Ordinance No. 701 Page 1 B. ORDINANCE NOW THEREFORE THE CITY COUNCIL OF THE CITY OF IRWINDALE HEREBY ORDAINS AS FOLLOWS: SECTION 1: The City Council of the City of Irwindale does hereby find, determine, and declare that: A. Allocation-based and tiered water rate structures allow public agencies to document water use in landscapes; and B. Current local design practices in new landscapes strive to achieve the intent of the State Model Water Efficient Landscape Ordinance water use goals; and C. All water services within the City are metered and billed based on the volume of use; and D. All new irrigation controllers sold after 2015 within the City will be smart automatic irrigation controllers; and E. Landscape plan submittal and review has been a long standing practice in the City of Irwindale, and F. The local water purveyors for the City are implementing budget-based tiered rate structure billing and/or enforcement of water waste prohibitions for all existing metered landscape areas throughout their service area, which combined includes the entire City of Irwindale. SECTION 2: Amendment to Title 15. Irwindale Municipal Code Title 15 "Buildings and Construction" is amended to add Chapter 15.30 "Water Efficient Landscape Standards and Guidelines" to read as follows: WATER EFFICIENT LANDSCAPE STANDARDS AND GUIDELINES Sections: 15.30.010 Purpose. The purpose of this Chapter is to establish water efficient landscape regulations that are acceptable under Governor Brown's April 1, 2015 Drought Executive Order (B- 29-15) and that are at least as effective in conserving water as the State Model Water Efficient Landscape Ordinance, in the context of conditions in the City, in order to ensure that landscapes are planned, designed, installed, maintained, and managed in a manner that uses water efficiently, encourages water conservation, and prevents water waste. The provisions of this Chapter shall be deemed to be controlling over the subject matter herein in the event of any conflict between this Chapter and any other provision in the Municipal Code. Ordinance No. 701 Page 2 16.30.020 Definitions. For the purposes of this Chapter and the Guidelines for the implementation of this Chapter, the following terms are defined: "City" means the City of Irwindale. "City Manager" means the City Manager of the City or his or her designee. "Aggregate landscape area" means the area undergoing development as one project for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. "Applicant" means the person submitting a landscape documentation package. Applicants can be the property owner or his or her designee. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by the local water purveyor(s) in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated Applied Water Use" or "EAWU" means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system. "Evapotranspiration adjustment factor" or "ET adjustment factor" or "ETAF" means a measurement equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. "Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as approved by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Chapter. Ordinance No. 701 Page 3 "Hardscapes" means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and are not considered hardscapes. "Irrigation efficiency" or "IE" means the measurement of the amount of water beneficially used divided by the amount of water applied to the landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this Chapter are 0.75 for overhead spray devices and 0.81 for drip systems. "Landscaped area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non- irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape documentation package" means the documents required to be provided to the City for review and approval of landscape projects subject to this Chapter, as described in the Guidelines. "Landscape project" means total area of landscape improvements within a project, as provided in the definition of "landscaped area," meeting the requirements under Section 15.30.030 of this Chapter. "Landscape rehabilitation" means any re-landscaping project that meets the applicability criteria of Section 15.30.030(A) of this Chapter, where the aggregate modified landscape area is equal to or greater than 2,500 square feet or where the cumulative modified area is equal to or greater than 2,500 square feet if the modifications are planned to occur incrementally within one year. "Landscape System" means a defined plan of landscaping and irrigation to be designed and implemented for a development project. "Local agency" means a city or county, including a charter city or charter county, or local water purveyor that is authorized by the City to implement, administer, and/or enforce any of the provisions of this Chapter on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this Chapter Ordinance No. 701 Page 4 including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project. "Local water purveyor" means any entity, including a city, county, public agency, or private water company that provides retail water service. Local water purveyor shall also mean any entity that provides wholesale water service, for the purpose of Section 15.30.040(B) and Section 15.30.070. "Maximum applied water allowance" or "MAWA" means the upper limit of annual applied water for the landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the MAWA. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] "Mined-land or reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. "New landscape" means a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. "Non-pervious" means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil. "Person" means any individual, firm, joint venture, joint stock company, partnership, public or private association, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the local water purveyor, or the manager, agent, officer, or employee thereof, or any other entity which is recognized by law as the subject of rights or duties. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Permit" means an authorizing document issued by a local agency for new construction or rehabilitated landscape. "Plant factor" or "plant water use factor" means a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1; the plant factor for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this Chapter are derived from the publication "Water Use Classification of Landscape Species." Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR). Ordinance No. 701 Page 5 "Recycled water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances. "Smart automatic irrigation controller" means an automatic irrigation controller utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable, "Special landscape area" or "SLA" means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens; areas irrigated with recycled water; water features using recycled water; and recreational areas dedicated to active play where turf provides a playing surface, such as parks, sports fields, golf courses, and where turf provides a playing surface. "Turf" means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. "Valve" means a device used to control the flow of water in an irrigation system. "Water feature" means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. 15.30.030. Applicability. A. Beginning February 1, 2016 and consistent with Executive Order No. B-29-15, this Chapter applies to the following landscape projects: Ordinance No. 701 Page 6 1. New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or design review; 2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet, requiring a building permit or landscape permit, plan check or design review; 3. New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this Ordinance or conform to the prescriptive measures contained in Appendix A of the Guidelines. 4. New or rehabilitated projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A of the Guidelines. B. Section 15.30.060(B) of this Chapter regarding water waste applies to: 1. All landscaped areas, whether installed prior to or after January 1, 2010; and 2. All landscaped areas installed after February 1, 2016 to which Section 13.08.030(A) is applicable. 15.30.040. Exemptions. A. This Chapter does not apply to: 1. Registered local, state, or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined-land reclamation projects that do not require a permanent irrigation system; or 4. Plant collections, as part of botanical gardens and arboretums open to the public, B. The requirements of this Chapter may be partially or wholly waived, at the discretion of the City Manager, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and Ordinance No. 701 Page 7 the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyor(s)' regulations or programs. 15.30.050. Implementation Procedures. A. A Landscape Documentation Package is required to be submitted to the City for review and approval prior to the issuance of permits and prior to the start of construction. Any Landscape Documentation Package submitted to the City must comply with provisions of this Chapter and the Guidelines. B. The Landscape Documentation Package must include a certification by a landscape professional stating that the landscape design plan, soil management report, irrigation design plan, and water calculations have been prepared by or under the supervision of the landscape professional and are certified to be in compliance with the provisions of this Chapter. 1. Landscape and irrigation plans must be submitted to the City for review and approval with appropriate water use calculations. Water use calculations must be consistent with calculations contained in the Guidelines. 2. A Certification of Completion is required to verify compliance with the approved plans and must be obtained in conjunction with a Certificate of Use and Occupancy or a Permit Final, as provided in the Guidelines. 15.30.060. Landscape Water Use Standards. A. For applicable new landscape or landscape rehabilitation projects subject to Section 15.30.030(A) of this Chapter, the Estimated Applied Water Use allowed for the landscaped area may not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for the portion of the MAWA applicable to any special landscape areas within the landscape project, which may be calculated using an ETAF of 1.0. Where the design of the landscaped area can be otherwise shown to be equivalently water efficient, the applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and review and approval of the City. B. Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and requirements of this Chapter, and is subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor(s) or as mutually agreed by local water purveyor(s) and the City. Ordinance No. 701 Page 8 PASSED, APPROVED, AND ADOPTED this 10 th day of February 201 ATTEST: ura M. Nieto, CMC eputy City Clerk 15.30.070. Delegation. The City may delegate to, or enter into an agreement with, one or more local agencies to implement, administer, and/or enforce any of the provisions of this Chapter on behalf of the City. SECTION 3: Approval of Guidelines. The City Council hereby approves the Guidelines for Implementation of the City of Irwindale Water Efficient Landscape Ordinance, attached hereto as "Exhibit A" and incorporated herein by reference. SECTION 4: Environmental Review. The City Council hereby determines that this Ordinance is exempt from review under the California Environmental Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.), because pursuant to State CEQA Regulation 15307 (14 Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this Ordinance will result in the enhancement and protection of water resources in the City, and will not result in cumulative adverse environment impacts. It is, therefore, exempt from the provisions of CEQA. SECTION 5: Severability. If any section, subsection, phrase, or clause of this Ordinance shall be deemed by a court of competent jurisdiction to be invalid for any reason, the validity of the remaining sections, subsections, phrases, or clauses of this Ordinance shall not be affected thereby. SECTION 6: Effective Date. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance will go into effect thirty (30) days from its date of adoption. SECTION 7: Publication. The City Clerk is directed to cause this Ordinance to be published in the manner required by law for summary publication. Ordinance No. 701 Page 9 aura M. Nieto, CMC Deputy City Clerk STATE OF CALIFORNIA COUNTY OF LOS ANGELES } ss. CITY OF IRWIN DALE Laura M. Nieto, Deputy City Clerk of the City of Irwindale, do hereby certify that the foregoing Ordinance No. 701 was duly introduced at a regular meeting of the Irwindale City Council held on the 27 t1 day of January 2016, and was duly approved and adopted on second reading at its regular meeting held on the 10 th day of February 2016 by the following vote of the Council: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Ambriz, Burrola, Garcia, Ortiz, Mayor Breceda None None None AFFIDAVIT OF POSTING I, Laura M. Nieto , Deputy City Clerk, certify that I caused a copy of Ordinance No.701, adopted by the City Council of the City of Irwindale at its regular meeting held February 10, 2016 to be posted at the City Hall, Library, and Post fliqe 4n February 11,2016. Dated: lb Ordinance No. 701 Page 10