HomeMy WebLinkAboutNS-2801 - Amending Chapter 41 of Santa Ana Municipal Code to Update City's Water Efficiency Standards...I
ORDINANCE NO. NS-2801
bk:12/14/09
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA ANA AMENDING CHAPTER 41 OF
THE SANTA ANA MUNICIPAL CODE TO UPDATE
THE CITY'S WATER EFFICIENCY STANDARDS
FOR PROPOSED DEVELOPMENT PROJECTS
WITH SUBSTANTIAL LANDSCAPING
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds,
determines and declares as follows:
A. AB 1881 (2006), adopted as Chapter 559 of Statutes of 2006,
required the State Department of Water Resources to prepare a
model ordinance for cities and counties to set minimum standards
for maximizing water efficiency in landscaping of new development
• projects. Under AB 1881, each city or county was given a deadline
of January 1, 2010 to adopt its own ordinance, or alternatively to
utilize the state model ordinance.
B. The State Office of Administrative Law approved the State's
updated Model Water Efficient Landscape Ordinance on
September 10, 2009.
C. This ordinance is designed to work together with Guidelines for its
implementation, which are submitted concurrently and incorporated
herein by this reference as though fully set forth.
B. All provisions of the Santa Ana Municipal Code which are repeated
herein are repeated solely in order to comply with the provisions of
section 418 of the Charter of the City of Santa Ana. Any such
restatement of existing provisions of the Code is not intended, nor
shall it be interpreted, as constituting a new action or decision of
the City Council, but rather such provisions are repeated for
tracking purposes only in conformance with the Charter.
Section 2. The City Council has reviewed and considered the information
• contained in the initial study and the negative declaration prepared with respect to
this Ordinance. The City Council has, as a result of its consideration and the
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evidence presented at the hearings on this matter, determined that, as required
pursuant to the California Environmental Quality Act ("CEQA") and the State CEQA
Guidelines, a Negative Declaration adequately addresses the expected
environmental impacts of this Ordinance. On the basis of this review, the City
Council finds that there is no evidence from which it can be fairly argued that the
project will have a significant adverse effect on the environment. The City Council
hereby certifies and approves the negative declaration and directs that the Notice of
Determination be prepared and filed with the County Clerk of the County of Orange
in the manner required by law.
Pursuant to Title XIV, California Code of Regulations ("CCR") § 735.5(c)(1),
the City Council has determined that, after considering the record as a whole, there
is no evidence that the proposed project will have the potential for any adverse
effect on wildlife resources or the ecological habitat upon which wildlife resources
depend. The proposed project exists in an urban environment characterized by
paved concrete, roadways, surrounding buildings and human activity. Therefore,
pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5(a)(3), the
payment of Fish and Game Department filing fees is not required in conjunction
with this project.
Section 3. Section 41-240 of the Santa Ana Municipal Code is hereby amended
to comply with AB 1881, such that it reads as follows:
Sec. 41-240. Landscaping standards in the R1 district.
In the R1 district, all yards shall be landscaped. Each residential unit shall
meet the following minimum requirements:
(a) Front yard.
(1) One (1) twenty-four-inch box canopy tree.
(2) All trees shall be double-staked.
(3) Six (6) five-gallon size shrubs and ten (10) one-gallon size
herbaceous perennials/shrubs as a foundation planting.
(4) Turf or acceptable dry climate ground cover:
a. Turf shall be drought tolerant variety and planted as sod or
hydroseed.
b. Ground cover shall be well-rooted cuttings from flats and
planted at appropriate spacing for that particular plant material.
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(b) Side yard. Corner lots shall require one (1) fifteen-gallon size tree for
every thirty (30) linear feet of property abutting a street, plus six (6) five-
gallon size shrubs as a foundation planting. Root barriers shall be required
on all trees planted along the street oriented yards.
(c) Project perimeter walls:
(1) Flowering vines shall be secured to a decorative masonry wall or
wood fence material.
(2) The vines shall be five-gallon size and be planted at twenty-foot
intervals. They shall be secured to the walls with eye hooks and wire.
(3) Espaliered shrubs, fruit trees, or other ornamental trees may be
substituted for the flowering vines.
(d) Irrigation system:
(1) All planting areas must be designed with an automatic irrigation
system. A pop-up sprinkler type irrigation system shall be provided for all
yards for each residential unit. Drip, bubbler, or other low gallonage
systems may be used in buffer areas and narrow strips.
. (2) The use of "xeriphytic" or dry climate type plant materials is
encouraged. Irrigation systems may require special fittings to properly
water dry climate plantings.
(3) All irrigation systems shall be equipped with a controller capable of
dual or multiple station programming.
(e) Screening:
(1) All meters shall be appropriately screened from public view with trellis
work and vines or a hedge type shrub or they shall be incorporated into
the residential structure.
(2) Any enclosed structure for utilities must not encroach into any
required setback.
(f) Maintenance: All plant material shall be maintained per section 41-
609 of this chapter.
(g) Landscaping shall be installed and maintained in compliance with
Article XVI of this Chapter, pertaining to water conservation.
0
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Section 4. Section 41-256 of the Santa Ana Municipal Code is hereby amended
to comply with AB 1881, such that it reads as follows:
Sec. 41-256. Landscape standards for the R-2 district.
In the R2 district, all yards shall be landscaped. Each residential unit shall
meet the following minimum requirements:
(a) Front yard:
(1) One (1) twenty-four-inch box canopy tree.
(2) All trees shall be double-staked.
(3) One (1) tree species for up to five (5) dwelling units and an additional
tree species for each increment of five (5) units.
(4) Six (6) five-gallon size shrubs and ten (10) one-gallon size
herbaceous perennials/shrubs as a foundation planting.
(5) Turf or acceptable dry climate ground cover:
a. Turf shall be drought tolerant variety and planted as sod or
hydroseed.
b. Ground cover shall be well-rooted cuttings from flats and
planted at appropriate spacing for that particular plant material.
(b) Side yard: Corner lots shall require one (1) fifteen-gallon size tree for
every thirty (30) linear feet of property abutting a street plus six (6) five-
gallon size shrubs as a foundation planting. Root barriers shall be required
on all trees planted along the street oriented yards.
(c) Rear yard. A buffer shall be provided for privacy from adjoining
property. A hedge or vines on a fence are satisfactory screens.
(d) Project perimeter walls:
(1) Flowering vines shall be secured to a decorative masonry wall or
wood fence material.
(2) The vines shall be five-gallon size and be planted at twenty-foot
intervals. They shall be secured to the walls with eye hooks and wire.
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• (3) Espaliered shrubs, fruit trees, or other ornamental trees may be
substituted for the flowering vines.
(e) Irrigation system:
(1) All planting areas must be designed with an automatic irrigation
system. A pop-up sprinkler type irrigation system shall be provided for all
yards for each residential unit. Drip, bubbler, or other low gallonage
systems may be used in buffer areas and narrow strips.
(2) The use of "xeriphytic" or dry climate type plant materials is
encouraged. Irrigation systems may require special fittings to properly
water dry climate plantings.
(3) All irrigation systems shall be equipped with a controller capable of
dual or multiple station programming.
(f) Screening:
(1) All meters shall be appropriately screened from public view with trellis
work and vines or a hedge type shrub or they shall be incorporated into
the residential structure.
• (2) Any enclosed structure for utilities must not encroach into any
required setback.
(g) Maintenance: All plant material shall be maintained per section 41-
609 of this chapter.
(h) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 5. Section 41-272.02 of the Santa Ana Municipal Code (R3 zoning
district standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-272.03. Landscaping.
(a) All An area equal or greater in depth to the required building setback
areas, required open spaces around the perimeter of buildings, and the
required parking areas, unless specified in the provisions of this district,
along every portion of the property line of a multiple-family dwelling
development that abuts a street shall be completely landscaped, except
for vehicular and pedestrian accessways.
(b) Prior to the issuance of any building permit for the construction of a
• multiple-family dwelling development, the developer shall submit to the
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city, and the planning division shall approve, a landscape plan that
conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(c) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(d) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(e) Vehicular parking may not be located within any required landscaped
area.
(f) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
(g) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 6. Section 41-272.02 of the Santa Ana Municipal Code (Townhouse
zoning district standards) is hereby amended to comply with AB 1881, such that it reads as
follows:
Sec. 41-288. Landscaping.
All yards shall be landscaped. Each townhouse shall meet the
following minimum landscaping standards:
(a) Front yard.
(1) One (1) twenty-four-inch box canopy tree.
(2) All trees shall be double-staked.
(3) Six (6) five-gallon size shrubs and ten (10) one-gallon size
herbaceous perennials/shrubs as a foundation planting.
(4) Turf or acceptable dry climate ground cover:
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a. Turf shall be drought tolerant variety and planted as sod or
hydroseed.
b. Ground cover shall be well-rooted cuttings from flats and
planted as appropriate spacing for that particular plant material.
(5) Root barriers shall be required on all trees.
(b) Side yard: Corner lots shall have one (1) fifteen-gallon size tree for
every thirty (30) linear feet of property abutting a street plus six (6) five-
gallon size shrubs as a foundation planting. Root barriers shall be required
on all trees planted along the street oriented yards.
(c) Project perimeter walls:
(1) Flowering vines shall be secured to a decorative masonry wall or
wood fence material.
(2) The vines shall be five-gallon size and be planted at twenty-foot
intervals. They shall be secured to the walls with eye hooks and wire.
(3) Espaliered shrubs, fruit trees, or other ornamental trees may be
substituted for the flowering vines.
(d) Irrigation system:
(1) All planting areas must be designed with an automatic irrigation
system. A pop-up sprinkler type irrigation system shall be provided for all
yards. Drip, bubbler, or other low gallonage systems may be used in buffer
areas and narrow strips.
(2) The use of "xeriphytic" or dry climate type plant materials is
encouraged. Irrigation systems may require special fittings to properly
water dry climate plantings.
(3) All irrigation systems shall be equipped with a controller capable of
dual or multiple station programming.
(e) Screening:
(1) All meters shall be appropriately screened from public view with trellis
work and vines, a hedge type shrub or be incorporated into the residential
structure.
(2) Any enclosed structure for utilities must not encroach into the
• required setback.
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(f) Maintenance: All plant material shall be maintained per section 41-
609 of the Santa Ana Municipal Code.
(g) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 7. Section 41-316 of the Santa Ana Municipal Code (P zoning district
standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-316. Landscaped area.
(a) Front. There shall be a landscaped front yard area of not less than
fifteen (15) feet.
(b) Side. There shall be a landscaped side yard area of not less than five
(5) feet. On corner lots, the landscaped side yard shall not be less than
fifteen (15) feet.
(c) Rear. There shall be a landscaped rear yard area of not less than ten
(10) feet if the lot abutting on the rear property line is a parcel used or
zoned for residential purposes. There shall be a landscaped rear yard of
not less than five (5) feet in all other cases.
(d) Vehicular parking may not be located within any required landscaped
area.
(e) Prior to the issuance of any building permit, the developer shall
submit to the city and the planning division shall approve a landscape plan
that conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(f) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(g) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(h) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
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Page 8 of 23
Sleeving must be called out wherever irrigation pipes are installed under
40 hardscape.
(i) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
(d) [Maintenance. ] All required yards shall be landscaped and
maintained at all times. Plant material shall be provided per the
commercial landscape standards.
Section 8. Section 41-372 of the Santa Ana Municipal Code (Cl zoning district
standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-372. Landscaping requirements in the C1 district.
(a) A landscaped area not less than fifteen (15) feet wide shall be
maintained along any property line to the extent it abuts a street, except at
approved driveways.
(b) A landscaped area not less than five (5) feet wide shall be maintained
along any property line to the extent it serves to separate property zoned
or used for residential purposes from any off-street parking area.
• (c) Vehicular parking may not be located within any required landscaped
area.
(d) Prior to the issuance of any building permit, the developer shall
submit to the city and the planning division shall approve a landscape plan
that conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(e) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(f) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(g) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
E
Ordinance No. NS-2801
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(h) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 9. Section 41-444 of the Santa Ana Municipal Code (CR zoning district
standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-444. Site development standards.
(i) Landscaping.
(1) All required setback areas, required open spaces around the
perimeter of buildings, and the required parking landscaped areas, unless
otherwise specified in the provisions of this district, shall be landscaped
and maintained according to approved plans. Required parking
landscaped areas shall be distributed evenly throughout and along the
periphery of parking areas and shall be planted with trees: One (1) tree,
selected from the list in Section 41-602(c)(2)(ii) and not less than ten (10)
feet high at the time of planting, shall be provided for each twenty (20)
parking spaces or any part thereof. Each planting bed shall be at least four
(4) feet in width. Required setback areas abutting properties zoned for
exclusively residential purposes shall be planted with trees of the same
size and selection as above, one (1) tree to be provided for each fifteen
(15) linear feet of abutment.
(2) Landscaping shall consist of lawn, trees, shrubs, or other plant
materials, and may include the following decorative elements where an
integral part of a landscape scheme is comprised primarily of plant
materials:
Fountains, ponds, sculptures and planters.
(ii) Screen-type masonry walls forty-two (42) inches in height.
(iii) Wrought iron or other types of open work metal fences,
exclusive of chain link, provided that the component solid portions of a
fence do not constitute more than twenty (20) per cent of the total surface
area of its face. Such fences shall have a maximum of six (6) feet.
(3) Two (2) per cent of the gross uncovered parking area for all uses
shall be landscaped.
(4) Vehicular parking may not be located within any required landscaped
area.
Ordinance No. NS-2801
Page 10 of 23
(5) Prior to the issuance of any building permit, the developer shall
submit to the city and the planning division shall approve a landscape plan
that conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(6) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(7) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(8) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
(9) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 10. Section 41-477 of the Santa Ana Municipal Code (M1 zoning district
standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-477. Landscaping.
Front yard:
(a) One (1) twenty-four-inch box canopy tree shall be provided for each
twenty-five (25) linear feet of front yard (exclusive of driveways). Such
trees may be placed in clusters.
(b) Six (6) five-gallon size shrubs shall be provided per twenty-five (25)
linear feet of front yard (exclusive of driveways). As an alternative, the use
of three (3) five-gallon size shrubs and ten (10) one-gallon shrubs is
acceptable provided the plant material adds color and variety to the
design.
(c) The front yard shall be planted in turf or acceptable dry climate
ground cover. A ground cover is required in shrub areas and as accents in
small pockets. Redwood header boards or similar barriers shall be placed
40 between turf and other plant materials.
Ordinance No. NS-2801
Page 11 of 23
(d) Berms in the front yard having more than a 4:1 slope shall be planted
in ground cover. Turf is not acceptable.
(e) When parkway trees are required by the city, they shall be integrated
with the onsite landscape plan to ensure proper spacing and species
selection.
(f) A minimum five-foot wide landscape strip shall be planted and
maintained where the off-street parking area abuts any public street,
except at approved driveways.
Parking area:
(g) In parking areas available to parking by the general public, a
landscape planter shall be provided for every ten (10) parking spaces.
Each planter shall have minimum dimensions of six (6) feet in width and
eighteen (18) feet in length including concrete curbing. Each planter shall
be bordered on two (2) sides minimum by parking area. The planter strips
shall run parallel to the parking spaces and be consistently spaced
throughout the parking area. Each planter shall require one (1) fifteen-
gallon size tree, five (5) five-gallon shrubs plus ground cover.
(h) In lots that are solely used by employees of the company, a
landscape planter shall be provided for every five (5) consecutive parking
spaces. Each planter shall have minimal dimension of four (4) feet by four
(4) feet, including concrete curb. Each planter shall require one (1) fifteen-
gallon size tree and a suitable ground cover or low growing shrubs. These
planters may be located between parking spaces so as to maximize the
amount of available space for parking. Planters may also be consistent
with general parking landscape requirements. Each parking area shall be
enclosed by perimeter planters abutting the lot or parking spaces, except
for the driveways.
(i) The choice of plant material shall be trees and/or shrubs, with a
ground cover in keeping with the size and limitations of the area. Ground
covers alone are not acceptable. A minimum of one (1) fifteen-gallon tree
shall be provided for each ten (10) parking spaces, or portion thereof.
0) Parking areas shall be designed so that parked vehicles shall not
encroach into landscape areas.
Buffer:
(k) A landscaped planter of a width not less than ten (10) feet is required
along any interior lot line to the extent such lot line abuts any property
Ordinance No. NS-2801
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• which is neither zoned for industrial uses, nor indicated on the general
plan of the city as planned for industrial purposes.
General:
(1) A plot plan indicating the location of all landscaping areas and the
percentage of landscaping in the interior planting areas shall be submitted
to and approved by the planning division. The decision of the planning
division may be appealed to the planning commission.
(ml) A plant list shall be shown on the required plot plan to obtain a
building permit for the building for which the parking area is provided. The
list shall include the botanical and common names of the plant to be used,
the sizes to be planted, and the quantity of each. The plants shall be listed
alphabetically and assigned key numbers to be used in locating the plants
on the plan.
(nm) All required yards shall be landscaped and maintained at all times.
(on) Redwood chips, decorative stone and other inorganic materials are
not acceptable substitutes for ground cover or turf.
(po) All trees in parking areas shall be placed in root barriers.
• (qp) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
(rq) The landscaping shall be contained in planting areas that are
enclosed by minimum six-inch high concrete curbs.
(sr) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
(ts) Compliance with all provisions of this section shall be required except
for minor modifications approved by the planning division.
(ut) All appurtenances, such as transformers, backflow preventers, trash
enclosures, signage, meters, and lights, shall be shown on landscape
plans and screened with plant materials.
0
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Section 11. Section 41-528 of the Santa Ana Municipal Code (CSM zoning
district standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-528. Landscaping requirements.
(a) When no building is present on the site, a minimum five (5) foot
landscaped area along the front property line shall be required for any
proposed development.
(b) A landscaped area not less than five (5) feet wide shall be maintained
along any property line to the extent it serves to separate property zoned
or used for residential purposes from any off-street parking area.
(c) Vehicular parking may not be located within any required landscaped
area.
(d) Prior to the issuance of any building permit, the developer shall
submit to the city and the planning division shall approve a landscape plan
that conforms to the requirements of this section and to standards for
landscaping approved by the city council.
(e) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(f) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(g) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
(h) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 12. Section 41-813 of the Santa Ana Municipal Code (mobile home park
standards) is hereby amended to comply with AB 1881, such that it reads as follows:
Sec. 41-813. Landscaping.
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• (a) A landscape plan shall be submitted to the planning department for
approval. Said landscaping plan shall consist of the size, type and location
of all trees, shrubs, and ground cover areas in the mobile home park site
and shall include one tree per mobile home site and shall conforms to the
requirements of this section and to standards for landscaping approved by
the city council..
(b) A system of irrigation or sprinkling of landscaping shall be indicated on
the plan. All landscaping shall be permanently maintained.
(c) Vehicular parking may not be located within any required landscaped
area.
(d) Landscaping shall be installed and maintained in accordance with the
approved landscaping plan by the owner(s) and manager of the
development.
(e) Procedures for the approval and amendment of landscaping plans
shall be established by the planning division.
(f) All planting areas must be designed with an automatic irrigation
system. Modifications shall be allowed for dry climate landscapes. Pop-up
• sprinklers shall be used in all areas other than installations against
foundations for the sake of public safety. Drip, bubbler, or other low
gallonage systems may be used in buffer areas and narrow strips.
Sleeving must be called out wherever irrigation pipes are installed under
hardscape.
(g) Landscaping shall be installed and maintained in compliance with
Article XVI of this chapter, pertaining to water conservation.
Section 13. Article XVI of Chapter 41 of the Santa Ana Municipal Code is hereby
deleted in its entirety:
Section 14. The following is hereby added to the Santa Ana Municipal
Code as Article XVI of Chapter 41:
ARTICLE XVI.
WATER EFFICIENT LANDSCAPE STANDARDS
Sec. 41-1500. Purpose
• (a) The State Legislature has found that:
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(1) the waters of the State are of limited supply and are subject
to ever increasing demands;
(2) the continuation of California's economic prosperity is
dependent on the availability of adequate supplies of water
for future uses;
(3) it is the policy of the State to promote the conservation and
efficient use of water and to prevent the waste of this
valuable resource;
(4) 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;
(5) landscape design, installation, maintenance, and
management can and should be water efficient; and
(6) 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.
Sec. 41-1501. Applicability
(a) Beginning January 1, 2010, all planting, irrigation, and landscape-
related improvements required by this Article shall apply to the
following landscape projects:
(1) new landscape installations or landscape rehabilitation
projects by public agencies or private non-residential
developers, except for cemeteries, with a landscaped area,
including pools or other water features but excluding
hardscape, equal to or greater than 2,500 square feet, and
which are otherwise subject to a discretionary approval of a
landscape plan, or which otherwise require a ministerial
permit for a landscape or water feature;
(2) new landscape installations or landscape rehabilitation
projects by developers or property managers of single-family
and multi-family residential projects or complexes with a
landscaped area, including pools or other water features but
excluding hardscape, equal to or greater than 2,500 square
feet, and which are otherwise subject to a discretionary
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. approval of a landscape plan, or which otherwise require a
ministerial permit for a landscape or water feature;
(3) new landscape installation projects by individual
homeowners on single-family or multi-family residential lots
with a total project landscaped area, including pools or other
water features but excluding hardscape, equal to or greater
than 5,000 square feet, and which are otherwise subject to a
discretionary approval of a landscape plan, or which
otherwise require a ministerial permit for a landscape or
water feature;
(4) A landscape rehabilitation project is subject to the
requirements of this Article where (i) the modified
landscaped area is greater than 2,500 square feet and
represents at least 50% of the total landscaped area; and (ii)
the modifications are planned to occur within one year. The
requirements of the Standards may be partially or wholly
waived, at the discretion of the city, for landscape
rehabilitation projects that are limited to replacement
plantings with equal or lower water needs and where the
irrigation system is found to be designed, operable and
programmed consistent with minimizing water waste in
is accordance with local water purveyor regulations
(b) This Article does not apply to:
(1) registered local, state, or federal historical sites or other sites
exempted by applicable federal or state law;
(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.
Sec. 41-1502. Implementation Procedures
(a) Prior to installation, a Landscape Documentation Package shall be
submitted to the City for review and approval of all landscape
projects subject to the provisions of this Article. Any Landscape
Documentation Package submitted to the City shall comply with the
provisions of the Standards.
• (b) The Landscape Documentation Package shall include a
certification by a professional appropriately licensed in the State of
Ordinance No. NS-2801
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California stating that the landscape design and water use
calculations have been prepared by or under the supervision of the
licensed professional and are certified to be in compliance with the
provisions of this Article and the Standards.
(1) Landscape and irrigation plans shall be submitted to the City
for review and approval with appropriate water use
calculations.
(2) Water use calculations shall be consistent with calculations
contained in the Standards and shall be provided to the City
under procedures determined by the City.
(3) Verification of compliance of the landscape installation with
the approved plans shall be obtained through a Certification
of Completion in conjunction with a Certificate Occupancy,
Permit Final or Notice of Completion process, as provided in
the Standards.
Sec. 41-1503. Landscape Water Use Standards
(a) For applicable landscape installation or rehabilitation projects
subject to Section 41-1501(a) of this Code, the Estimated Applied
Water Use allowed for the landscaped area shall not exceed the
MAWA calculated using an ET adjustment factor of 0.7, except for
special landscaped areas where the MAWA is calculated using an
ET adjustment factor of 1.0; 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 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.
Sec. 41-1504. Definitions
The following definitions are applicable to this article:
"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 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.
"Ecological restoration project" means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
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• "Estimated Applied Water Use" means the average annual total amount of water
estimated to be necessary to keep plants in a healthy state, calculated as
provided in the Standards. 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.
"ET adjustment factor" or "ETAF is equal to the plant factor divided by the
irrigation efficiency factor for a landscape project, as described in the Standards.
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. A
combined plant mix with a site-wide average plant factor of 0.5 (indicating a
moderate water need) and average irrigation efficiency of 0.71 produces an ET
adjustment factor of (0.7) _ (0.5/0.71), which is the standard of water use
efficiency generally required by this Article and the Standards, except that the
ETAF for a special landscape area shall not exceed 1.0.
"Standards" refers to the Standards for Implementation of this Article, as adopted
by the City, which describes procedures, calculations, and requirements for
landscape projects subject to this Article.
"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 not
considered hardscapes for purposes of this Article.
"Homeowner installed landscape" means any landscaping either installed by a
private individual for a single family residence or installed by a licensed
contractor hired by a homeowner. A homeowner, for purposes of this Article, is a
person who occupies the dwelling he or she owns. This definition excludes
speculative homes, which are not owner-occupied dwellings and which are
subject under this Article to the requirements applicable to developer-installed
residential landscape projects.
"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 Article is 0.71. Greater irrigation efficiency can be expected from well
designed and maintained 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,
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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 design projects, as
described in the Standards.
"Landscape project" means total area of landscape in a project, as provided in
the definition of "landscaped area," meeting the requirements under Section 41-
1501 of this Code.
"Local water purveyor" means any entity, including a public agency, city, county
or private water company that provides retail water service within the City of
Santa Ana.
"Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual
applied water for the established landscaped area as specified in Section 2.2 of
the 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.
"Mined-land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and
Reclamation Act of 1975.
"New construction" means, for the purposes of this Article, 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.
"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 local agencies for new
construction or rehabilitated landscape.
"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that
estimates the amount of water needed by plants. For purposes of this Article, the
plant factor range 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 Article are derived from the
Department of Water Resources 2000 publication "Water Use Classification of
Landscape Species."
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• "Recycled water" or "reclaimed 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 given
expressed in inches per day, month, or year as represented in Appendix A of the
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 Allowances.
"Rehabilitated landscape" means any re-landscaping project that meets the
applicability criteria of Section 1.1(a), where the modified landscape area is
greater than 2,500 square feet, is 50% of the total landscape area, and the
modifications are planned to occur within one year.
"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.
"Special landscape area" 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 areas dedicated to
active play such as parks, sports fields, golf courses, and where turf provides a
playing surface.
"Turf' means a ground cover surface of mowed, infrequently mowed, no mow
grass, or synthetic turf which meets or exceeds the Standards set forth in the
Guidelines. 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, Buffalo grass, Mexican
Feather grass, Muhly grass, and Sedge 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.
Ordinance No. NS-2801
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Section 15. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of
Santa Ana hereby declares that it would have adopted this ordinance and each
section, subsection, sentence, clause, phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
0,? z<, 6??)
ADOPTED this ; day of December, 2009
Miguel A. Pulido-
Mayor
1]
B)
YES:
NOES
ABSTAIN
Councilmembers: Alvarez, Benavides, Bustamante, Martinez
Tinaiero, Sarmiento (6)
Councilmembers:
Councilmembers:
NOT PRESENT: Councilmembers
None (0)
None (0)
Pulido (1)
Ordinance No. NS-2801
Page 22 of 23
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
•
•
•
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the
attached Ordinance No. NS-2801 to be the original ordinance adopted by the
City Council of the City of Santa Ana on December 21. 2009, and that said
ordinance was published in accordance with the Charter of the City of Santa Ana.
Date:
Clerk of the Council '
City of Santa Ana
Ordinance No. NS-2801
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