HomeMy WebLinkAbout11B - 2ND READ ORD - WATER EFF LANDSCAPE1. m
CITY COUNCIL MEETING DATE:
FEBRUARY 2, 2016
TITLE:
ORDINANCE SECOND READING:
ZONING ORDINANCE AMENDMENT NO.
2015 -04 TO UPDATE THE WATER
EFFICIENT LANDSCAPE ORDINANCE
(STRATEGIC PLAN NO. 5, 1)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on I" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
/ �!� ��✓�� FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
On January 19, 2016, the following Ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6 -0 (Amezcua absent):
ORDINANCE NO. NS -2891 - AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF SANTA ANA AMENDING CHAPTER 41 OF THE SANTA ANA
MUNICIPAL CODE TO UPDATE THE WATER EFFICIENT LANDSCAPE
ORDINANCE
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
There is no fiscal impact associated with this action.
Maria D. Huizar,
Clerk of the Council
ATTACHMENT: Ordinance No. NS -2891
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LS 1.25.16
ORDINANCE NO. NS -XXX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SANTA ANA AMENDING CHAPTER 41 OF THE
SANTA ANA MUNICIPAL CODE TO UPDATE THE
WATER EFFICIENT LANDSCAPE ORDINANCE
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. In 1992, the State of California enacted the Water Conservation in
Landscaping Act requiring the adoption of a water efficient landscape
ordinance by cities and counties throughout the state. AB 1881, signed in
2006, required updates to local ordinances by January 1, 2010. In accordance
with state law, the City of Santa Ana updated its ordinance, which was codified
in Santa Ana Municipal Code in Chapter 41 Sections 1500 through 1504.
B. With the drought conditions at emergency levels, in April 2015 Governor
Brown signed an Executive Order (ED B- 29 -15) directing local agencies to
update their ordinance to further water conservation and continue with efforts
to substantially reduce water usage for residential, commercial and industrial
landscape areas.
C. Two key components of the Executive Order require: 1) The Department of
Water Resources (DWR) to update the original Model Water Efficient
Landscape Ordinance (MWELO) of 2009; and 2) cities and counties to update
their local Landscape Ordinances, so they are "at least as effective as" DWR's
updated Model Ordinance.
D. In response to this mandate, a stakeholder group was formed under the
leadership of the Municipal Water District (MWDOC) of Orange County earlier
this year. The Orange County Model Ordinance and Guidelines were complete
in October 2015 and have been reviewed by City staff as well as the City
Attorney. The guiding principles of the County Model are local control,
consistency among Orange County cities, and promoting the values and
benefits of landscapes while recognizing the need for efficient use of water.
The proposed zoning code amendment Incorporates the criteria and guidelines
of the "regional" Orange County Model Ordinance and Guidelines, and upholds
the "at least as effective" threshold in relation to the State MWELO.
E. The ordinance applies to landscape projects that require a permit, plan check
or development review. New residential, commercial, industrial and public
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development projects that include landscape areas of 500 square feet or more
would be subject to the ordinance, The previous landscape size threshold for
new development projects was 2,500 square feet. The size threshold for
existing landscapes that are being rehabilitated remains at 2,500 square feet.
This Ordinance Amendment also addresses the allowance of synthetic turf
requirements to be in compliance with recent legislation. As directed by State
law, the use of synthetic turf as an option for required landscape area may not
be unreasonably limited or restricted by local ordinance. The City's Synthetic
Turf Design Standard will be updated to comply with State law and assure
quality and sustainability of the synthetic products.
G. The proposed modifications to the City Municipal Code and adoption of the
updated Water Efficient Landscape Ordinance will bring the City's laws into
compliance with the State water conservation mandate and other Orange
County communities. Further, these requirements and guidelines will enhance
the water conservation efforts currently being implemented throughout the
City.
SECTION 2. Article XVI of Chapter 41 of the Santa Ana Municipal Code is
hereby amended such that it reads as follows:
Sec. 41 -1500. Purpose.
(a) The State Legislature has found that:
(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.
(6) Article X, Section 2 of the California Constitution specifies that the
right to use water is limited to the amount reasonably required for
Ordinance No, NS•XXX
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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 March 2, 2016, and consistent with Executive Order No.
(B- 29 -15) this Article shall apply to the following landscape projects:
(1) New landscape projects with an aggregate landscape area equal to
or greater than 500 requiring a building or landscape permit, plan
check or development review.
(2) Rehabilitated landscape projects with an aggregate landscape area
equal to or greater than 2,500 square feet, requiring a building or
landscape permit, plan check, or development review.
(3) New or rehabilitated landscape projects with an aggregate
landscape of 2,500 square feet or less may comply with the
performance requirements of this ordinance or conform to the
prescriptive measures contained in the Guidelines for
Implementation of the City of Santa Ana Water Efficient Landscape
( "Guidelines ") Appendix A as amended from time to time.
(4) New or rehabilitated projects using recycled water or rain water
captured on site, any lot or parcels within the project that has less
than 2,500 square feet of landscape area and meets the lot or
parcel's landscape water requirement (Estimated Total Water Use)
entirely with the recycled water or through stored rainwater capture
on site is subject only to Appendix A of the Guidelines.
(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.
(4) Plant collections, as part of botanical gardens and arboretums open
to the public.
Ordinance No. Ns -XXX
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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
Guidelines.
(b) The Landscape Documentation Package shall include a certification 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 the licensed professional and
are certified to be in compliance with the provisions of this Article and
the Guidelines.
(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 Guidelines 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 Landscape Installation
Certification of Completion in conjunction with a Certificate
Occupancy, Permit Final or Notice of Completion process, as
provided in the Guidelines.
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 Maximum Applied
Water Allowance (MA WA)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
Guidelines.
(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.
Ordinance No, NS•XXX
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Sec. 41 -1504. Definitions. The following definitions are applicable to this Article:
"Aggregate Landscape Areas" pertains to production home neighborhoods,
common interest developments, or other situations where multiple parcels are
undergoing development as one project, but will eventually be individually owned or
maintained.
"City" means the City of Santa Ana, a charter city and municipal corporation, or
its authorized designee.
"Ecological restoration project" means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
"Estimated Applied Water Use" or "EAWU" means the annual total amount of
water estimated 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
irrigation efficiency within each hydrozone.
"Evapotranspiration adjustment factor" or `ETAF means a factor of 0.7, 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. A combined plant mix with a site -wide average of 0.5 is the basis of the
plant factor portion of this calculation. For purposes of the ETAF, the average irrigation
efficiency is 0.71, therefore, the ET Adjustment Factor is (0.7)= (0.5!0.71). ETAF far a
Special Landscape Area shall not exceed 1.0. ETAF for existing non - rehabilitated
landscapes is 0.8.
"Guidelines" refers to the Guidelines for Implementation of this Article, as adopted
by the City, which describes procedures, calculations, and requirements for landscape
projects subject to this Article. The Guidelines are consistent with the regional Orange
County Model Ordinance and Guidelines.
"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, docks, patios,
gravel or stone walks, other pervious or non - pervious hardscapes, and other non -
irrigated areas designated for non - development (e.g., open spaces and existing native
vegetation).
"Landscape Documentation Package" means the_package of documents that a
project applicant is required to submit pursuant to Section 2.1 of the Guidelines.
"Landscape Installation Certificate of Completion" means the certificate included
as Exhibit E of the Guide lines that must be submitted to the City pursuant to Section 2.7
Ordinance No. NS -XXX
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(C) thereof
"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.
"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
Guidelines. It is based upon the area's reference evapotranspiration, the ETAF, 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.
"Permit' means an authorizing document issued by local agencies for new
construction or rehabilitated landscape.
"Rehabilitated landscape" means any re- landscaping project that requires a
permit, plan check, or development review and meets the applicability criteria of the
Guidelines where the modified landscape area is greater than 2,500 square feet.
"Synthetic Turf" means an acceptable no maw ground cover made of synthetic,
non - living material which meets the criteria standards set forth in the City's Design and
Development Standards.
"Turf' means a ground cover surface of mowed 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.
"Water Efficient Landscape Ordinance" means Ordinance No. 2016 -XXX,
adopted by the City Council on January 19, 2016 (first reading), and codified in the
Municipal Code in Chapter 41 Sections 1500 -1504,
Section 3. Environmental Findings.
A. In accordance with the California Environmental Quality Act (CEQA), the
proposed project is exempt from further review pursuant to Section 15307,
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which is a categorical exemption applying is projects that implements
State law to protect water resources. Categorical Exemption
Environmental Review No. 2015 -114 will be filed for this project.
B, The following findings have been made as referenced in CEQA, Section
15300.2:
Significant effect. The project shall not be used for an activity where
there is reasonable possibility that the activity will have a significant
effect on the environmental due to unusual circumstances.
The proposed Water Efficiency and Landscape Ordinance
and Guidelines will help to conserve natural resources,
reduce water use, and promote a sustainable environment.
Thus, the policy amendments are not anticipated to have any
unusual or significant effect on the environment.
2. Scenic Highways. The project shall not result in damage to scenic
resources, including but not limited to, trees, historic buildings, rock
outcropping, or similar resources, within a highway officially
designated as a state scenic highway.
The proposed Ordinance and Guidelines will influence the
landscape and irrigation practices throughout the city,
including the locally designated scenic corridors. However,
the City of Santa Ana does not include an official state scenic
highway listings. Therefore, there will be no impact or
damage to a state scenic resource related to the proposed
water conservation and efficiency ordinance and guidelines
reduction.
Hazardous Waste Site. The project shall not be located on a site
which is included on any list compiled pursuant to Section 65962.5
of the Government Code.
The proposed Santa Ana Water Efficiency Landscape
Ordinance and Guidelines are citywide in nature, directing
water conservation practices for future new and rehabilitated
landscape development projects. Thus, consultation of The
Official Hazardous Waste and Substance Site "Cortese" list
for specific sites was not applicable for this proposed
ordinance.
4. Historic Resources. The project may not cause substantial adverse
change in the significance of a historical resource.
As stated in Section 1.2 of the proposed Santa Ana Water
Efficiency Landscape Guidelines, the Guidelines do not
Ordinance No. NS -XXX
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apply to properties registered on the local, state, or federally
historical sites. Thus, the proposed adoption of the Water
Efficiency Landscape Ordinance and Guidelines will not
cause any adverse impact to a historic resource.
SECTION 4. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
ADOPTED this day of February, 2016.
APPROVED AS TO FORM:
Sonia Carvalho, City Attorney
By:AC ar�_
Lisa Storck
Assistant City Attorney
AYES:
NOES:
ABSTAIN:
NOT PRESENT:
Councilmembers
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
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Ordinance No. NS ->=
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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 -XXX to be the original ordinance adopted by the City
Council of the City of Santa Ana on _ , 2016, and that said ordinance was
published in accordance with the Charter of the City of Santa Ana.
170 m
Clerk of the Council
City of Santa Ana
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Ordinance No. NS -XXX
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