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HomeMy WebLinkAbout03 - Water Efficient Landscape Ordinance Amendment (NBMC Chapter 14.17) - MemoCommunity Development Department CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment Memorandum To: City Council From: Gregg Ramirez, Senior Planner Date: January 12, 2016 Re: Agenda Item No. 3: Water Efficient Landscape Ordinance Amendment – NBMC Chapter 14.17 Attached is a redlined version of the draft ordinance. The change revises the language in Section 14.17.020A (Applicability) to reference the “chapter” instead of “Water Efficient Landscape Ordinance”. The revision also changes the definition “Landscaped area” to “Landscape area” and the definition “Special landscaped area” to “Special landscape area”. The meanings of the definitions do not change. The terms have been changed throughout the ordinance where they appear. Additionally, the same definitions will be changed globally in the design standards document for consistency. ORDINANCE NO. 2016-__ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER 14.17 OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL CODE IN ITS ENTIRETY PERTAINING TO REGULATIONS REQUIRED FOR WATER-EFFICIENT LANDSCAPING (PA2015-169) WHEREAS, on April 1, 2015, Governor Edmund G. Brown, Jr. issued Executive Order B-29-15 implementing new expedited actions by local water agencies to reduce the harmful impacts from water shortages and other impacts of California’s multi-year drought; WHEREAS , the State Legislature has found that the waters of the State are of limited supply and are subject to ever increasing demands; the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses; WHEREAS, the State Legislature has found that the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses; WHEREAS, it is the policy of the State and the City of Newport Beach (City) to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; WHEREAS , landscapes are essential to the quality of life in California 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; WHEREAS , landscape design, installation, maintenance, and management can and should be water efficient; 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; WHEREAS, Orange County has an established, large reclaimed water infrastructure system; WHEREAS , allocation-based structures allow public agencies to document water use in landscapes; Ordinance No. _____ Page 2 of 10 WHEREAS , incentive-based water use efficiency programs have been actively implemented within Orange County since before 1991; WHEREAS , current local design practices in new landscapes strive to achieve the intent of the State Model Water Efficient Landscape Ordinance water use goals as required by Executive Order B-29-15; WHEREAS , all water services within the City are metered and billed based on volume of use; WHEREAS , Orange County is a leader in researching and promoting the use of smart irrigation controllers with more than 12,900 installations as of June 2009 and promotion of sustainable landscape transformation with more than 30 million square feet of turf removal; WHEREAS, all new irrigation controllers sold after 2012 within Orange County are smart irrigation controllers; WHEREAS, landscape plan submittal and review has been a long standing practice in the City; WHEREAS, the average rainfall in Orange County is approximately 12 inches per year; WHEREAS, consistent with Executive Order B-29-15, the Department of Water Resources authorizes the City to adopt a Water Efficient Landscape Ordinance “at least as effective as” the State Model Ordinance by February 1, 2016 when using a regional model; WHEREAS, this ordinance incorporates the minimum requirements of the State Model Ordinance and is “at least as effective as” the State Model Ordinance; and WHEREAS , the City Council held a public meeting on January 12, 2016, in the City Hall Council Chambers, located at 100 Civic Center Drive, Newport Beach, California, to consider the regulations in this proposed ordinance. Notice of the time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 14.17 of Title 14 of the Newport Beach Municipal Code is hereby amended in its entirety to read as follows: Ordinance No. _____ Page 3 of 10 Chapter 14.17 WATER-EFFICIENT LANDSCAPING Sections: 14.17.005 Purpose. 14.17.010 Definitions. 14.17.020 Applicability. 14.17.030 Landscape Water Use Standards. 14.17.040 Implementation Procedures. 14.17.005 Purpose. The purpose of this chapter and the related design standards is to establish an alternative model acceptable under Governor Brown’s April 1, 2015, Drought Executive Order (B-29-15) as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the City to: A. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; B. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; C. Establish a structure for planning, designing, installing, and maintaining and managing water-efficient landscapes in new construction and rehabilitated projects; D. Establish provisions for water management practices and water waste prevention for existing landscapes; E. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and F. Encourage the use of economic incentives that promote the efficient use of water, such as providing rebate incentives and offering educational programs. 14.17.010 Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section: A. “Aggregate landscape areas” pertains to the areas undergoing development as one (1) project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one (1) project, but will eventually be individually owned. Ordinance No. _____ Page 4 of 10 B. “Applied water” means the portion of water supplied by the irrigation system to the landscape. C. “Budget-based tiered-rate structure” means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping. D. “Design standards” refers to the Design Standards for Implementation of the Water Efficient Landscape Ordinance, which are hereby adopted by reference and may be amended from time-to-time, which describe procedures, calculations, and requirements for landscape projects subject to this chapter. E. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. F. “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. EAWU is based on the reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the irrigation efficiency within each hydrozone. G. “ET adjustment factor” or “ETAF” of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Area shall not exceed 1.0 (one hundred (100) percent). The ETAF for existing non-rehabilitated landscapes is 0.8 (eighty (80) percent). H. “Hardscapes” means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Surface area of pools and other water features is considered part of the landscaped area and not considered hardscapes for purposes of this chapter. I. “Irrigation efficiency” means 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 average irrigation efficiency for purposes of this chapter is 0.75 (seventy-five (75) percent) for overhead spray devices and 0.81 (eighty-one (81) percent) for drip systems with an overall irrigation efficiency of 0.71 (seventy-one (71) percent).. Greater irrigation efficiency can be expected from well designed and maintained systems. J. “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 Ordinance No. _____ Page 5 of 10 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). K. “Landscape documentation package” means the documents required to be provided to the City for review and approval of landscape design projects, as described in the design standards. L. “Landscape project” means the total area of landscape in a project, as provided in the definition of “landscaped area.” M. “Landscape rehabilitation project” ” means any re-landscaping project that meets the applicability criteria of Section 14.17.020, where the modified landscape area is greater than twenty-five hundred (2,500) square feet. N. “Licensed professional” means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code, or any successor statutes. O. “Local water supplier” means any entity, including, but not limited to, a public agency, city, county, or private water company that provides retail water service. P. “Maximum applied water allowance” or “MAWA” is the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the design standards. 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 maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)] Q. “Ministerial permit” means an authorizing document issued by the City’s Community Development Department in conjunction with a landscape project which may include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc. R. “New landscape installation project” means a landscape installed in conjunction with any type of new development, whether or not the new development includes construction of new building(s) (e.g., parks, playgrounds, greenbelts, etc.). S. “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. Ordinance No. _____ Page 6 of 10 T. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil. U. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, which estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is zero (0) to 0.1 (ten (10) percent); the plant factor for low water use plants is 0.1 (ten (10) percent) to 0.3 (thirty (30) percent); the plant factor range for moderate water use plants is 0.4 (forty (40) percent) to 0.6 (sixty (60) percent); and the plant factor range for high water use plants is 0.7 (seventy (70) percent) to 1.0 (one hundred (100) percent). Plant factors cited in this chapter are derived from the Department of Water Resources 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). V. “Recycled water” or “reclaimed water” means a wastewater which, as a result of treatment, is suitable for non-potable uses not intended for human consumption such as landscape irrigation and water features. W. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix D of the design standards 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 allowance. X. “Smart automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data with non- volatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable. Y. “Special landscaped 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, or areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, or areas where turf provides a playing surface. These areas may have an ET adjustment factor (ETAF) up to 1.0 (one hundred (100) percent). Z. “Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and Buffalo grass are warm-season grasses. Ordinance No. _____ Page 7 of 10 AA. “Valve” means a device used to control the flow of water in an irrigation system. BB. “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. 14.17.020 Applicability. A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, this chapterWater Efficient Landscape Ordinance shall apply to the following landscape projects: 1. New landscape projects with an aggregate landscape area equal to or greater than five hundred (500) square feet which require discretionary or ministerial permits from the City. 2. Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than twenty-five hundred (2,500) square feet which require discretionary or ministerial permits from the City. 3. New or rehabilitated landscape projects with an aggregate landscape area of twenty-five hundred (2,500) square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix H of the Design Standards (Prescriptive Compliance Option); 4. New or rehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than twenty-five hundred (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 H of the Design Standards (Prescriptive Compliance Option); 5. New landscape installation projects or landscape rehabilitation projects installed at cemeteries shall be subject to the following sections of the design standards: Sections 2.2, Water Efficient Landscape Calculations and Alternatives; 2.8, Post-Installation Irrigation Scheduling; and 2.9, Post- Installation Landscape and Irrigation Maintenance, but shall not require a landscape documentation package (Design Standards Section 2.1). Ordinance No. _____ Page 8 of 10 B. This chapter does not apply to: 1. Landscape rehabilitation projects that consist of replacement plantings with equal or lower water needs and the irrigation system is designed, operable and programmed to comply with the City’s water conservation regulations; 2. Registered local, State, or Federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system; 4. Plant collections, as part of botanical gardens and arboretums open to the public; or 5. Landscape in hazard reduction and fuel modification zones, where applicable. C. Section 14.17.030(B) (requiring compliance with the City’s water conservation ordinance) shall apply to all landscaped areas, whether installed prior to (existing landscapes) or after adoption of the ordinance codified in this chapter. 14.17.030 Landscape Water Use Standards. A. For new landscape installation or rehabilitation projects subject to Section 14.17.020, the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for non-residential areas, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor of 1.0 (one hundred (100) percent); or the design of the landscaped area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City, as provided in the design standards. B. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the City’s water conservation ordinance. 14.17.040 Implementation Procedures. A. A landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this chapter. Any landscape documentation package submitted to the City shall comply with the provisions of the design standards. Ordinance No. _____ Page 9 of 10 B. The landscape documentation package shall include a certification of design by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of a licensed professional and are certified to be in compliance with the provisions of this chapter and the design standards. 1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with the procedures and calculations provided in the design standards document. 2. Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion, which shall be submitted to the City prior to final of the permit, per the procedures provided in the design standards document. SECTION 2: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 3: The City Council hereby finds this ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15307, Class 7 (Actions by Regulatory Agencies for the Protection of Natural Resources) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3. This class provides an exemption for actions taken by regulatory agencies as authorized by state law or local ordinance which assure the maintenance, restoration, or enhancement 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 environmental impacts. This ordinance is therefore exempt from the provisions of CEQA. SECTION 4: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published once in the official newspaper of the City pursuant to City Charter Section 414, and this ordinance shall be effective thirty (30) days after its adoption. Ordinance No. _____ Page 10 of 10 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of January, 2016, and adopted on the 26th day of January, 2016, by the following vote, to-wit: AYES, COUNCILMEMBERS ______________________________ _____________________________________________________ NOES, COUNCILMEMBERS______________________________ _____________________________________________________ ABSENT COUNCILMEMBERS ____________________________ _____________________________________________________ ___________________________________________ DIANE B. DIXON, MAYOR ATTEST: _____________________________________ LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY’S OFFICE _____________________________________ AARON C. HARP, CITY ATTORNEY