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HomeMy WebLinkAbout92-54 - Adding Chapter 14.17 of the Newport Beach Municipal Code Pertaining to the installation of Water Efficient Landscapes• • 9 ORDINANCE NO. 92 -5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 14.17 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO THE INSTALLATION OF WATER EFFICIENT LANDSCAPES The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1: Findings. The City Council finds and declares as follows: A. The Legislature of the State of California has adopted the Water Conservation in Landscaping Act which requires cities and counties within the state to adopt water efficient landscape ordinances which will promote the efficient use of water in landscapes while respecting the economic, environmental, aesthetic, and lifestyle choices of individuals and property owners. B. The City Council's policy is to promote the conservation and efficient use of water within the City so as to prevent the waste of available water resources, and to apply this policy to the design, installation and maintenance of certain landscapes within the City. C. That the Department of Water Resources of the State of California, pursuant to the requirements of the Water Conservation in Landscaping Act, has adopted a model water efficient landscape ordinance and that the City Council has considered the model ordinance in conjunction with the adoption of its own water efficient landscape ordinance. SECTION 2: Chapter 14.17 of the Newport Beach Municipal Code is adopted to read: W. F- TON WATER EFFICIENT LANDSCAPING Sections: 14.17.005 Intent And Purpose 14.17.010 Definitions 14.17.020 Applicability 14.17.030 Landscape And Irrigation Design Standards 14.17.040 Soil Management 14.17.050 Maintenance Schedules 14.17.060 Certification of Compliance 14.17.005 Intent And Purpose. It is the purpose of this Chapter to establish reasonable procedures and standards for the design, installation, and maintenance of water efficient landscapes in conjunction with new construction projects within the City 1 of Newport Beach to promote the conservation and efficient use of water within the City and prevent the waste of available water resources. 14.17.005 Definitions. As used in this Chapter, the following terms shall have the meanings indicated: A. "anti -drain valve" or "check valve" means a valve located under a • sprinkler head that holds water in the system so it minimizes drainage from the lower elevation sprinkler heads. B. "application rate" means the depth of water applied to a given area, usually measured in inches per hour. C. "applied water" means the portion of water supplied by the irrigation system to the landscape. D. "automatic controller" means a mechanical or solid state timer, capable of operating valve stations which set the days and duration of a water application. E. "backflow prevention device" means a safety device which prevents • pollution or contamination of the water supply that could result from the reverse flow of water from the irrigation system. F. "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, ecosystem. G. "emitter" means drip irrigation fittings that slowly deliver water from the system to the soil. H. westablished landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. I. "establishment period" means the first year after installing the plant in the landscape. J. "Estimated Total Water Use" means the annual total amount of water • estimated to be needed to keep the plants in the landscaped area healthy. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system. O� K. "evapotranspiration" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. L. "flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). M. "hydrozone" means a portion 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. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non - irrigated hydrozone. N. "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). O. "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 irrigation efficiency .. for purposes of this ordinance is 0.625. Greater irrigation efficiency can be expected from well designed and maintained systems. P. "landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. Q. "landscaped area" means the entire parcel less the building footprint, driveways, non - irrigated portions of parking lots, hardscapes - such as decks and patios, and other non - porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. R. "lateral line" means the water delivery pipeline that supplies water to • the emitters or sprinklers from the valve. S. "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. �3 T. "mulch" means any organic material such as leaves, bark, straw or inorganic material such as decomposed granite other which is left loose or applied to the soil surface to reduce evaporation. U. "operating pressure" means the pressure at which a system of sprinklers is designed to operate, usually indicated at the base of a sprinkler. • V. "overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non - landscaped areas. W. "rain sensing device" means a system which automatically shuts off the irrigation system when it rains. X. "recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. Y. "recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for non - potable uses such as landscape irrigation; not intended for human consumption. • Z. "reference evapotranspiration" or "Eto" means a standard measurement of environmental parameters which affect the water use of plants. Eto is given in inches per day, month, or year as represented in Section 705, 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 so that regional differences in climate can be accommodated. AA. "rehabilitated landscape" means any relandscaping project that is done in conjunction with an applicable project as set forth in Section 14.17.020 A, that requires the issuance of a building permit or grading permit for the construction of new structures or the rehabilitation of existing structures. • BB. "run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a severe slope. 4 CC. "soil moisture sensing device" means a device that measures the amount of water in the soil. DD. "soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil. DD. "sprinkler head" means a device which sprays water through a nozzle. • EE. "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. FF. "station" means an area served by one valve or by a set of valves that operate simultaneously. GG. "turf` means a surface layer of earth containing mowed grass with its roots. 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. HH. "valve" means a device used to control the flow of water in the • irrigation system. II. All terms not otherwise defined within this Chapter shall be defined in accordance with such terms as defined in Chapter 20.87 of this Code. 14.17.020 Applicability. A. The provisions contained within this chapter shall apply to : 1. All new and rehabilitated landscaping for public agency projects and private development projects that is done in conjunction with the issuance of a building permit or grading permit for the construction of new structures or rehabilitation of existing structures; and 2. Developer - installed landscaping in single - family, two family and multi- dwelling projects. • B. The provisions of this Chapter shall not apply to: 1. Homeowner - provided landscaping; 2. Cemeteries; 3. Registered historical sites; 5 4. Ecological restoration projects that do not require a permanent irrigation system; 5. Any project with a landscaped area less than 2,500 square feet; 6. Any project which exclusively uses reclaimed water for landscape irrigation purposes. 14.17.030 Landscape And Irrigation Design Standards. Prior to the issuance of Building Permits for applicable projects, landscape and irrigation design plans shall be prepared and certified by a licensed landscape architect as being in compliance with the requirements of this Chapter. The certified plans shall be submitted to, and approved by, the Parks Beaches and Recreation Department, the Public Works Department and the Planning Department. The landscape and irrigation design for applicable projects shall comply with the following design standards: A. Landscape Design Plan Specifications. The landscape design plan shall be drawn to scale and shall accurately and clearly identify: 1. Designated hydrozones. • 2. Landscape materials, trees, shrubs, ground cover, turf, and other vegetation. Planting symbols shall be clearly drawn and plants labeled by botanical name, common name, container size, spacing, and quantities of each group of plants indicated. 3. Property lines, easements, and street names. 4. Streets, driveways, walkways, and other paved areas. 5. Location, size and type of any underground utilities on the site. 6. Pools, ponds, water features, fences, and retaining walls. 7. Existing and proposed buildings and structures including elevation if applicable. 8. Natural features including but not limited to rock outcroppings, existing • trees, shrubs that will remain. 9. Tree staking, plant installation, soil preparation details, and any other applicable planting and installation details. 10. A calculation of the total landscaped area. ri 11. Designation of recreational areas. B. Plant Selection and Grouping. 1. Plants having similar water use shall be grouped together in distinct hydrozones. 2. Plants shall be selected appropriately based upon their adaptability to the • climatic, geologic, soil and topographical characteristics of the site. Protection and preservation of native species and natural areas is encouraged. The planting of trees is encouraged wherever it is consistent with the other provisions of this Chapter. 3. Fire prevention needs shall be addressed in areas that are fire prone. Information about fire prone areas and appropriate landscaping for fire safety is available from the Newport Beach Fire Department. C. Irrigation Design. All required landscape areas shall be equipped with a permanently installed irrigation system which utilizes the most current and cost effective irrigation technology so as to maximize the efficient use of water. Irrigation design shall • include the following design criteria: 1. Runoff and Overspray. Soil types and infiltration rate shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non - irrigated areas, walks, roadways, or structures. Proper irrigation equipment and schedules, including features such as repeat cycles, shall be used to closely match application rates to infiltration rates therefore minimizing runoff. Special attention shall be given to avoid runoff on slopes and to avoid overspray in planting areas and medians with a width less than ten feet. 2. Equipment. • a. Water meters. Separate landscape water meters shall be encouraged for all projects except for single family homes or any project with a landscaped area of less than 5,000 square feet. b. Controllers. Automatic control systems shall be required for all 7 irrigation systems and must be able to accommodate all aspects of the design. C. Valves. Where feasible, plants which require different amounts of water shall be irrigated by separate valves. If one valve is used for a given area, efforts shall be made to insure that plants with similar • water use are used in that area. Anti -drain (check) valves shall be installed in strategic points to minimize or prevent low -head drainage. d. Sprinkler heads. Heads and emitters shall have consistent application rates within each control valve circuit. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure, adjustment capability, and ease of maintenance. e. Rain Sensing Override Devices. It is recommended that rain sensing override devices be considered where appropriate. f. Soil Moisture Sensing Devices. It is recommended that soil moisture sensing devices be considered where appropriate. • 3. Recycled Water. Where reclaimed water is available, irrigation systems shall make use of recycled water unless a written exemption has been granted by the Utilities Department, stating that recycled water meeting all health standards is not available and will not be available in the foreseeable future. If utilized, the recycled water irrigation systems shall be designed and operated in accordance with all local and state codes. 4. Irrigation Design Plan Specifications. The irrigation design plan shall accurately and clearly identify: a. Location and size of separate water meters for the landscape. b. Location, type, and size of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, • sprinkler heads, rain sensing devices, quick couplers, and backflow prevention devices. C. Location, size and type of any underground utilities on the site. E:3 d. Static water pressure at the point of connection to the public water supply. e. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (psi) for each station. f. Calculated estimate of total water use. • g. Recycled water irrigation systems if applicable. 5. Irrigation Schedules. Irrigation schedules satisfying the following conditions shall be prepared as part of the irrigation design plan and shall include: a. An annual irrigation program with monthly irrigation schedules shall be required for the plant establishment period and for the established landscape. b. Run time (in minutes per cycle), suggested number of cycles per day, and frequency of irrigation for each station. C. The amount of applied water (in hundred cubic feet, gallons) • recommended on a monthly and annual basis. d. Whenever possible, irrigation scheduling shall incorporate the use of evapotranspiration data such as those from the California Irrigation Management Information System (CIMIS) weather stations to apply the appropriate levels of water for different climates. e. Whenever possible, landscape irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. to avoid irrigating during times of high wind or high temperature. 14.17.040 Soil Management. A. A soil analysis satisfying the following conditions shall be prepared and included with the landscape and irrigation design plans. • 1. Determination of soil texture, indicating the percentage of organic matter. 2. An approximate soil infiltration rate (either measured or derived from soil texture /infiltration rate tables.) A range of infiltration rates should be 0 noted where appropriate. I 3. Measure of Ph, and total soluble salts. B. Where appropriate, a mulch of at least three inches shall be applied to all planting areas except turf. 14.17.050 Maintenance Schedules. A regular maintenance schedule • satisfying the following conditions shall be prepared with the landscape and irrigation design plans. A. Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule shall include but not be limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and detaching turf areas; replenishing mulch; fertilizing; pruning, and weeding in all landscaped areas. B. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents. 14.17.060 Certification of Compliance. A. Upon completing the installation of the landscaping and the irrigation system, an irrigation audit shall be conducted by a certified landscape irrigation auditor to verify that the irrigation design coverage has been met. B. Prior to the finalization of building permits, a licensed landscape architect or certified irrigation designer shall conduct a final field observation and shall provide a certificate of substantial completion to the Planning Department. The certificate shall specifically indicate that plants were installed as specified, that the irrigation system was installed as designed. and that an irrigation audit has been performed. SECTION 3: That 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 section, subsection, •clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper 10 of the City, and the same shall become effective thirty (30) days after the date of its adoption. SECTION 5: This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of November. 1992, and adopted on the 14th day of December, 1992, by the following vote, to wit: • AYES, COUNCIL MEMBERS HEDGES, SANSONE, WATT, TDRNER, HART, DEBAY ATTEST: • NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS COX 11