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HomeMy WebLinkAboutNS-2891 - Amending Chapter 41 of Santa Ana Municipal Code to Update Water Efficient Landscape OrdinanceORDINANCE 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 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 (EO 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 Ordinance No, NS -2891 Page 1 of 9 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. F. 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 -2891 Page 2 of 9 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 -2891 Page 3 of 9 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 -2891 Page 4 of 9 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 for 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, 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). "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 Guidelines that must be submitted to the City pursuant to Section 2.7 Ordinance No. NS -2891 Page 5 of 9 (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 mow 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.NS -2891, 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, Ordinance No. NS -2891 Page 6 of 9 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: 1. 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. 3. 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 -2891 Page 7 of 9 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 2 n day of February, 2016. APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: G Lisa Storck Assistant City Attorney AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Revna, Sarmiento (6) NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Tinaiero (1) Ordinance No. NS -2891 Page 8 of 9 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 -2891 to be the original ordinance adopted by the City Council of the City of Santa Ana on February 2, 2016 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: 2 / c. 4) D. Clerk the Council City of Santa Ana Ordinance No. NS -2891 Page 9 of 9