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HomeMy WebLinkAboutItem 2e: Adopt Ordinance 2267 - Water Efficient LandscapingORDINANCE NO. 2267 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA AMENDING THE ARCADIA MUNICIPAL CODE BY ADDING A DIVISION 4 TO CHAPTER 5, PART 5 OF ARTICLE VII REGARDING WATER EFFICIENT LANDSCAPING THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The Arcadia Municipal Code is amended by adding Division 4 to Chapter 5, Part 5 of Article VII to read as follows: DIVISION 4 WATER EFFICIENT LANDSCAPING "7554. SHORT TITLE. This Ordinance shall be known as the 'Water Efficient Landscaping Ordinance." 7554.1. DEFINITIONS. 1. Administrator: person in the City of Arcadia who has the authority to approve a permit, plan check, and design review for a project. 2. Amendments: any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage. 3. Applicant: Any person required to submit a Landscape Design Application. Applicant may include the property owner or an agent of the owner. 4. Application Rate: the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour. 5. Applied Water: The portion of water supplied by the irrigation system to the landscape. 6. Automatic Rain Shut -off Feature: a system component which automatically suspends the irrigation system event when it rains. 7. Botanical Gardens and Arboretums: gardens in which a variety of plants are grown for scientific and educational purposes. 1 8. Certified Landscape Irrigation Auditor: person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization. 9. Control Valve: device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve. 10. Controller: automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather -based controller is a controller that uses evapotranspiration or weather data. A self- adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor) 11. Developer: landowner or owner's agent responsible for the development of land. Does not include homeowners or landlords of single - family homes. 12. Discretionary Permit: permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or disapproval. 13. Ecological Restoration Project: project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. 14. Estimated Applied Water Use (EAWU): the average annual total amount of water estimated to be necessary to keep plants in a healthy state. 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. 15. Hydrozone: section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non - irrigated. 16. Infiltration Rate: rate of water entry into the soil expressed as a depth of. water per unit of time (i.e., inches per hour). 17. Installation Application: application to the City for new landscaping or re- landscaping which may include a landscape concept and /or landscape construction drawings. The portion of the ` application submitted with a discretionary permit application will include a landscape concept plan. The ministerial portion of the application will include landscape construction drawings. 18. Invasive Species: non - indigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically. 2 19. Irrigation Efficiency: the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this Division is 0.71. 20. Irrigation System: network of piping, valves and irrigation heads. 21. Landscape Architect: person licensed to practice landscape architecture in California pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the California State Business and Professions Code. 22. Landscape Concept Plan: portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, the plant palette, and conforms with the requirements of this Division. 23. Landscape Construction Drawings: portion of a landscape documentation package that includes the irrigation plan, and conforms with the requirements of this Division 24. Landscape Documentation Package: complete packet of documents required under Sections 4, 5 and 6 to be submitted to the local agency. Documentation packages include the landscape concept plan and landscape construction drawings (irrigation plan, plant and soils plan, water management plan). 25. Landscape Water Audit: in depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. Audits include, but are not limited to: inspection, system tune -up, system test with distribution uniformity and verification of minimal overspray or runoff that causes overland flow, and preparation of an irrigation schedule. 26. Low -Head Drainage: drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation. 27. Maximum Applied Water Allowance (MAWA): the upper limit of annual applied water for the established landscaped area. It is based upon the area's ET Adjustment Factor and the size of the landscaped area. The Estimated Applied Water Use shall not exceed the MAWA. 28. Mulch: organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation. 29. Operating Pressure: pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler. 3 30. Overspray: water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures or other non - landscaped areas. 31. Planting Plan: plan submitted with the construction drawings indicating a list and quantity of plants. 32. Potable Water: water meant for human consumption that is treated to legal standards for human consumption. 33. Pressure Regulator: a device used in sprinkler systems for radius and high pressure control. 34. Rain Sensor: a system component which detects rain fall and automatically overrides the irrigation system during rain events. 35. Recycled Water: water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. 36. Rehabilitated Landscapes: any re- landscaping project that requires a permit, plan check, or design review and meets the requirements of Section 2. 37. Runoff water that is not absorbed by the soil or Landscape to which it is applied and flows from the area. 38. SMART Irrigation Controller: weather -based or soil moisture -based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules. 39. Soil Management Plan: plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments. 40. Soil Test: test done by soil test lab that indicates at a minimum, soil texture, water holding capacity, pH, and soluble salts. 41. Soil Type: the classification of soil based on the percentage of its composition of sand, silt, and clay. 42. Special Landscape Area: an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface. 43. Sprinkler Head: device which delivers water through a nozzle. 4 44. Static Water Pressure: the pipeline or municipal water supply pressure when water is not flowing. 45. Total Project Net Landscape Area: all planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. 46. Turf: a surface layer of earth containing mowed grass or grasslike sedge with its roots. Cool Season Turf thrives in cooler weather while warm season turf is better suited for hot weather conditions. 47. Water Efficient Landscape Worksheet: worksheet which calculates a site's water budget. 48. Water Feature: any 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). 49. Water Management Plan: plan submitted with the construction drawings as part of the landscape documentation package. 50. Water Schedules: schedule of irrigation times through a given year. 51. Water- Conserving Landscape Design: a landscape design developed to conserve water. 7554.2. PURPOSE AND INTENT. The purpose of this Division is: A. That this Division be at least as effective in conserving water as the State of California's model ordinance adopted pursuant to Government Code §65595; B. To assure beneficial, efficient, and responsible use of water resources for all customers /users within the City of Arcadia; C. To retain the land's natural hydrological role within the Los Angeles River Watershed and promote the infiltration of surface water into the groundwater in the Raymond Basin and the Main San Gabriel Basin; D. To acknowledge that landscape water use accounts for more than 60% of all domestic water use in the City of Arcadia; E. To recognize that landscapes enhance the aesthetic appearance of developments and communities; 5 F. To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes; G. To preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible; H. To promote and encourage the use of low water use plants; I. To minimize the use of cool season turf; J. To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications; K. To promote public education about water conservation and efficient water management; L. To reduce or eliminate water waste. 7554.3. APPLICABILITY. After January 1, 2010, this Division shall apply to all of the following landscape projects: A. New construction and rehabilitated landscapes for public agency projects and private non - residential development projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; B. New construction and rehabilitated landscapes which are developer - installed residential projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; C. New construction which are homeowner - installed residential projects with a total project net landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check, or design review; D. Existing total net landscape areas that are one acre or more for which a water efficient landscape worksheet shall be prepared according to the specifications for existing landscapes in the Landscape Documentation Package; 6 E. Special Landscaped Areas, such as areas dedicated to edible plants, areas that are irrigated with recycled water, or areas dedicated to active play, for which a water efficient landscape worksheet and landscape documentation package shall be prepared according to the specifications for Special Landscaped Areas. This Division does not apply to: A. Registered local, state or federal historical sites; B. Ecological restoration projects that do not require a permanent irrigation system; C. Mined -land reclamation projects that do not require a permanent irrigation system; or D. Botanical gardens and arboretums open to the public. 7554.4. PLAN CHECK REQUIREMENTS. A Landscape Documentation Package prepared by a licensed landscape architect shall include the following landscape design criteria: A. Plant Selection and Grouping. Any plant may be used in the landscape, providing the Estimated Applied Water Use (EAWU) does not exceed the Maximum Applied Water Allowance (MAWA) and that the plants meet the specifications set forth below: 1. Plants having similar water needs shall be grouped together in distinct hydrozones. 2. Plants shall be selected based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged. 3. Minimize the use of turf. Turf areas shall be used sparingly in response to functional needs and shall not exceed the MAWA. Where turf is installed, the use of warm season turf is strongly encouraged. 7 4. Fire prevention needs shall be addressed in areas that are fire prone. Design should be consistent with regulations from the Arcadia Fire Department. 5. Invasive species of plants should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas. 6. Encourage the appropriate use of mulch within developed landscapes to retain moisture. B. Water Features 1. Recirculating water systems shall be used for decorative water features. 2. Where available, recycled water shall be used as the source for water features (excluding swimming pools and spas). 3. The surface area of a water feature will be included in the MAWA calculation with the evaporation rate equivalent to that of a high water use plant. 7554.5. IRRIGATION REQUIREMENTS. A. All irrigation systems shall be designed to prevent runoff, over - spray, low head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency level as possible. B. Dedicated (separate) landscape water meters shall be installed for all projects greater than 5,000 square feet, except for single family residences. Dedicated landscape water meters are highly recommended on landscape areas less than 5,000 square feet to facilitate water management. C. All irrigation systems shall include: 1. A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and /or duration of irrigation events in response to changing weather conditions shall be required. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (e.g. turf separate from shrub and groundcover, full sun exposure 8 areas separate from shade areas; top of slope separate from toe of slope); 2. Anti -drain check valves shall be installed to prevent low -head drainage in sprinkler heads; 3. A pressure regulator when the static water pressure exceeds the maximum recommended operating pressure of the irrigation system; and, 4. A rain sensor with an automatic rain shut -off feature shall be required. 7554.6. SOIL AND GRADING REQUIREMENTS. A. Soil testing shall be performed after mass grading, prior to landscape installation to ensure the selection of appropriate plant material that is suitable for the site, and reported in a soil management plan. The soil management plan shall include: 1. Determination of soil texture, indicating the available water holding capacity; 2. An approximate soil infiltration rate (either) measured or derived from soil texture /infiltration rate tables. A range of infiltration rates shall be noted where appropriate; 3. Measure of pH and total soluble salts; and 4. Recommended soil amendments. B. Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy the City's grading requirements and be submitted as part of the landscape documentation package. 7554.7. IMPLEMENTATION. A. Applicants subject to the requirements of this Division shall submit a complete Landscape Documentation Package to the Administrator. The Application may be submitted in two parts: 1. A Landscape Concept Plan, which is submitted with a discretionary permit application or when otherwise required by the City; and 9 2. Landscape Construction Drawings, submitted as a ministerial application. B. All applications and plans shall conform to the plant, irrigation, and water budget formula requirements set forth in this Division and the Landscape Documentation Package. 1. Landscape Concept Plan shall include: a. Design statement; b. irrigation notes; c. planting notes; d. a conceptual plant palette identifying proposed hydrozones; e. MAWA calculation for the landscape project area. 2. Landscape Construction Drawings All applications subject to the requirements of this Division shall include landscape construction drawings that comply with the design standards and specifications contained in this Division. The construction drawings shall be in compliance with the landscape concept plan. All landscape construction drawings shall include an irrigation plan, a planting and soils plan, the grading plan, and a water management plan with detailed notes and legends as necessary for a complete landscape plan review. If the Construction Drawings differ significantly from the Landscape Concept Plan (determined by the Administrator) the Applicant must resubmit an overall water budget calculation in accordance with the Landscape Documentation Package. a. Irrigation Plan The irrigation plan shall be a separate document from the planting plan. The irrigation plan shall be prepared in accordance with the requirements of this Division and include pressure calculations and the location, installation details, and specification of control valves, irrigation heads, piping, irrigation controllers, and power supply. b. Planting Plan and Soils Plan The planting plan shall include, but not be limited to: 1. A description of any existing plant material to be retained or removed. 2. A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas. 10 5. The grading plan shall be included for reference. 1. An introduction and statement of site conditions. 3. A legend listing the common and botanical plan names and total quantities by container size and species. 4. Soil management plan, including the soil test results and recommendations. c. Water Management Plan A Water Management Plan shall be prepared in accordance with the requirements of this Division and shall include: 2. Identification of the party(ies) responsible for implementation of the Water Management Plan. 3. The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor. 4. A description of the water delivery systems, including the type of irrigation system to be used; water conservation methods to be applied, and precipitation rates for each hydrozone. 5. Seasonal irrigation water schedules or procedures for programming of proposed SMART controllers. 6. A maintenance plan for the ongoing operation and maintenance of the irrigation system. C. AU applications for model homes shall include samples of public information documents and signage that will be placed at the model homes describing the water conservation principles used in the landscaping for the model home. D. COMPLIANCE /ENFORCEMENT. The Administrator or designee shall have the duty and authority to administer and enforce this Division. 1. Prior to issuance of a building permit for a project subject to this Division, or as otherwise specified in the conditions of approval for a project a complete landscape documentation package prepared by an independent licensed landscape architect shall be submitted to the Administrator for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this Division. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review. 2. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this Division, a Certificate of Completion shall be submitted to the Administrator certifying that the landscaping and irrigation has been completed in accordance with the approved Planting and Irrigation Plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall indicate all of the following: a. That the landscaping and irrigation has been installed in conformance with the approved Planting and Irrigation Plans. b. That the SMART or equivalent irrigation controller has been set according to the approved irrigation schedule; c. That the irrigation system has been adjusted to maximize irrigation efficiency and eliminate over -spray and runoff; and d. That a copy of the irrigation schedule has been given to the property owner. 3. Upon notice to the Applicant, the Administrator shall have the right to enter the project site to conduct inspections for the purpose of enforcing this Division before, during and after installation of the landscaping and irrigation. 4. A copy of the completed Landscape Documentation Package shall be given to the Development Services Department. If the property is found to be in excess of their established MAWA, the property shall be subject to a landscape water audit. 7554.8. RECYCLED WATER The City of Arcadia recognizes that the current and future use of recycled water within its jurisdiction is NOT in the foreseeable future. Therefore applicants are exempt from being required to install recycled water irrigation systems. 7554.9 Section 9. STORMWATER MANAGEMENT A. Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and increase retention and infiltration are highly recommended on site. B. Project applicants shall refer to the City of Arcadia or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans." SECTION 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause a copy of the same to be published in the official newspaper of said City within fifteen (15) days after its adoption. This Ordinance shall take effect thirty -one (31) days after its adoption. [SIGNATURES ON NEXT PAGE] 13 ATTEST: City Clerk Passed, approved and adopted this day of , 2009. APPROVED AS TO FORM: Stephen P. Deitsch City Attorney 7z)eA.-- 14 Mayor of the City of Arcadia STAFF REPORT Development Services Department DATE: December 1, 2009 TO: Mayor and City Council FROM: Jason Kruckeberg, Development Services Director.jZK- By: Marie Nguyen, Management Analyst and Jim Kasama, Community Development Administrator SUBJECT: ORDINANCE NO. 2267 AMENDING THE ARCADIA MUNICPAL CODE BY ADDING A NEW DIVISION 4 TO CHAPTER 5, PART 5 OF ARTICLE VII RELATING TO WATER EFFICIENT LANDSCAPING Recommendation: Introduce SUMMARY California Assembly Bill 1881 (AB 1881), enacted in September 2008, modifies and strengthens the Water Conservation in Landscaping Act of 1990. A key provision of AB 1881 requires local agencies to either adopt the State's Model Water Efficient Landscape Ordinance, or adopt its own ordinance that is, "at least as effective" in conserving water by January 1, 2010. Staff is recommending that the City Council introduce the attached Ordinance No. 2267 to amend the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII (Public Works) relating to Water Efficient Landscaping. BACKGROUND As a result of recurring consecutive years of drought (1976 1977 and 1987 — 1992) and a reduction in water allocation from the Colorado River Aqueduct, the State of California passed Assembly Bill 325 (AB 325) in 1990, the Water Conservation in Landscaping Act. With the reduction in water supply and the increase in potable water demand as a result of population growth, AB 325 aimed to change the way landscaping was planned and designed. A State Model Water Efficient Landscape Ordinance was adopted and it brought on an awareness of how much people depended on potable water to maintain their landscape. Recently, with California again facing recurring drought conditions and a court ordered restriction on pumping from the Sacramento Delta, which further reduced the State's water supply allocation, Legislators passed the Water Conservation in Landscaping Act of 2006 (AB 1881). AB 1881 updates AB 325 and requires the California Department of Water Resources (DWR) to update the State's Model Water Efficient Landscape Ordinance. Reacting to this requirement, the San Gabriel Valley Council of Governments (COG) organized a regional group to address the issue in a way that is responsive to the San Gabriel Valley. Staff from the Public Works Services Department and Development Services Department participated in this group. DISCUSSION According to research by the American Water Works Association, 60 percent of typical household water usage goes towards landscaping. To address widespread outdoor water waste, AB 1881 requires local agencies to adopt water efficient landscape ordinances no later than January 2010. If a local agency fails to do so, the State's Model Water Efficient Landscape Ordinance will automatically be adopted by statute. The State's Model Water Efficient Landscape Ordinance is highly technical and includes a great deal of scientific data and formula -based language that is better suited in an informational package rather than in the text of an ordinance. In addition, much of the Model Ordinance is geared toward Large projects such as major commercial developments or large residential subdivisions, rather than the development pattern of a built -out City such as Arcadia. To ensure that the ordinance is appropriate for Arcadia, City staff worked collaboratively with a technical group put together by the COG to develop an ordinance that would minimize complexity and provide consistency in implementation. As a result, staff drafted the attached Ordinance No 2267 to meet AB 1881 mandates. This version closely mirrors an ordinance suggested by the COG working group and will provide for some regional consistency. Important aspects of the City's ordinance are: • It applies to new construction projects proposed by developers with landscaped areas larger than 2,500 square feet (commercial, industrial or residential); • It applies to existing single- family residential lots which are being redeveloped and where the landscaped area is more than 5,000 square feet; and • It will require the use of irrigation technology that will reduce the amount of water used on landscaping such as SMART controllers (e.g., water use control based on ground moisture or weather conditions) and drip irrigation; and • For those projects that meet the thresholds, it will require the submittal of detailed landscape, irrigation, and planting plans that groups plants by water usage and includes information on the water use anticipated by certain areas of landscaping. In some cases, this will require the landscape package to be sent out by staff for review by a professional landscape architecture firm. Ordinance No. 2267 Water Efficient Landscaping December 1, 2009 — Page 2 The implementation of this ordinance will accomplish the objective of promoting water efficient landscaping and effective water use management without a decline in landscape quality. This ordinance does not require xeriscape landscaping; rather, it focuses on an overall "water budget" for new landscaping that allows creativity in meeting the guidelines. This ordinance will apply to all projects that require permits, plan checks, and /or design reviews and includes both public and private development projects that exceed the thresholds mentioned above. Based on past applications, staff estimates this ordinance will affect approximately 15 to 20 projects per year. The ordinance will meet the State requirement that it be, "as least as effective" as the Model Ordinance. Staff is recommending that the City Council introduce Ordinance No. 2267 to amend the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII relating to Water Efficient Landscaping. FISCAL IMPACT For some complex projects, due to the increased landscaping requirements a pass through charge will be collected from applicants to pay for professional review of landscape plans. This will be an "at cost" charge based on the work completed. For the majority of projects, however, staff will complete the review based on the landscaping package submitted by a licensed landscape architect or contractor. Initially, the review time will be accounted for in the existing plan check and design review fees. However, staff will monitor the work load created by this new requirement and may need to charge an additional landscaping plan check fee for qualifying projects if the work proves to be complicated and time consuming. In this event, a proposed fee will be presented to the City Council for consideration. RECOMMENDATION Introduce Ordinance No. 2267 to amend the Arcadia Municipal Code by adding a new Division 4 to Chapter 5, Part 5 of Article VII relating to Water Efficient Landscaping. APPROVED: Donald Penman, City Manager Attachment: Ordinance No. 2267 Ordinance No. 2267 Water Efficient Landscaping December 1, 2009 — Page 3