RPVCCA_SR_2010_01_05_05_Ord_504_Water_Efficient_landscapeCITY OF RANCHO PALOS VERDES
TO:HONORABLE MAYOR &CITY COUNCIL MEMBERS
FROM:
DATE:
JOEL ROJAS,AICP,DIRECTOR OF P
CODE ENFORCEMENT
JANUARY 5,2010
,BUILDING AND
Adopt Ordinance No.504,an ordinance of the City of Rancho Palos Verdes amending
Title 15 (BUilding and Construction Code)of the City's Municipal Code to implement a
new Water Efficient Landscape Ordinance under Chapter 15.34.
DISCUSSION
On December 16,2009,the City Council introduced Ordinance No.504 and adopted
Urgency Ordinance No.503U to amend Chapter 15.34 of the Municipal Code and
implement a new Water Efficient Landscape Ordinance.The Ordinance is now being
presented to the City Council for a second reading and formal adoption.The Water
Efficient Landscape Ordinance was put into full force and effect as a result of Urgency
Ordinance No.503U.
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ORDINANCE NO.504
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES TO
AMEND MUNICIPAL CODE CHAPTER 15.34 TO IMPLEMENT THE
STATE'S REQUIREMENTS FOR WATER EFFICIENT
LANDSCAPING ON SPECIFIC PUBLIC AND PRIVATE
DEVELOPMENT PROJECTS.
WHEREAS,the waters of the State of California are of limited supply and are
subject to increasing demands;
WHEREAS,it is the policy of the State of California and the City of Rancho Palos
Verdes to promote the conservation and efficient use of water and to prevent the waste
of this valuable resource;
WHEREAS,the City of Rancho Palos Verdes is a unique,well-established
residential community where development consists predominantly of single-family
residential homes;
WHEREAS,in 2004,the Legislature enacted Assembly Bill 2717 establishing a
stakeholder-based Landscape Taskforce charged with formulating recommendations to
improve irrigation efficiency in new and existing landscaping;
WHEREAS,in 2006 the Governor signed Assembly Bill 1881,requiring cities and
counties to implement the Taskforce's recommendation;
WHEREAS,California law requires each city to adopt a water efficient
landscaping ordinance meeting certain statutory requirements on or before January 1,
2010,or the city will be deemed to have adopted a model ordinance drafted by the
California Department of Water Resources;
WHEREAS,the City Council had previously adopted a water efficient
landscaping ordinance as Chapter 15.34 of the Rancho Palos Verdes Municipal Code,
which does not meet the current statutory requirements;
WHEREAS,the City Council has concluded Chapter 15.34 must be amended to
reflect the current statutory requirements;
WHEREAS,the water efficient landscaping standards adopted herein serve to
advance the foregoing goals,advance the goal of conserving water and further public
health,safety and welfare;and
WHEREAS,the City Council finds and determines that the water efficient
landscape ordinance herein adopted is at least as effective in conserving water as the
California Department of Water Resources'updated Model Water Efficient Landscape
Ordinance.
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NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES ORDAIN AS FOLLOWS:
Section 1.Chapter 15.34 of Title 15 of the Rancho Palos Verdes Municipal
Code is being amended in its entirety to read as follows:
"CHAPTER 15.34"
WATER EFFICIENT LANDSCAPING
SECTION:
15.34.010
15.34.020
15.34.030
15.34.040
15.34.050
15.34.060
15.34.070
15.30.080
15.34.090
15.34.100
15.34.110
15.34.120
15.34.130
15.34.140
15.34.150
15.34.160
15.34.170
15.34.180
15.34.190
15.34.200
15.34.210
Purpose
Applicability
Definitions
Review and Approval Requirements.
Landscape Design Plan.
Irrigation Design Plan
Grading Design Plan.
Soil Management Report.
Water Efficient Landscape Worksheet.
Certification of Completion.
Irrigation Schedule
Landscape and Irrigation Maintenance
Irrigation Audit
Irrigation Efficiency
Alternative Water-Efficient Use
Storm Water Management
Water Waste Prevention
Public Education
Authority to Promulgate Rules and Regulations.
Administration and Appeal Process.
Penalties.
15.34.010.Purpose.Water is a precious commodity of limited supply.In accordance
with the Water Conservation in Landscaping Act,the purpose and intent of this
ordinance is to:
A.Promote the values and benefits of landscaping while recognizing the need to
invest water and other resources as efficiently as possible;
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B.Establish a structure for planning,designing,installing,maintaining and
managing water efficient landscapes in new residential or commercial
development projects and when landscape areas are altered by more than 50
percent in total area;
C.Promote water management practices and water waste prevention for existing
landscapes;and
D.Use water efficiently by setting a Maximum Applied Water Allowance as an upper
limit for water use and reducing water use to the lowest practical amount.
Accordingly,this ordinance is intended to be as effective in conserving water as is the
Department of Water Resources'State Model Landscaping Ordinance set forth in
Government Code Section 65595 and shall be known as the "Water Efficient
Landscaping Ordinance."
15.34.020.Applicability.
A Except as set forth in subsection B of this Section,this Chapter shall apply to all
of the following landscape projects:
1.All new Landscaped Areas and Altered Landscaped areas for public
agency projects and private development projects with a landscape area
equal to or greater than 2,500 square feet.
.2.All new Landscaped Areas and Altered Landscaped areas which are
Developer-Installed in Residential Projects (inclUding a single-family
project)with a landscape area equal to or greater than 2,500 square feet.
3.All new Landscaped Areas which are Homeowner-Provided and/or
homeowner-hired in residential projects (including a single-family project)
with a total project landscape area equal to or greater than 5,000 square
feet.
4.Particular sections in the Landscape Regulations apply to existing
landscapes,including existing cemeteries,that were installed before
January 1,2010 and are over one acre in size.
5.Only Sections 15.34.090,15.34.120 and 15.34.130 shall apply to new and
rehabilitated cemeteries.
B.This Chapter shall not apply to:
1.Landscaping that is part of a property listed on any applicable local,state
or national register of historic places.
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2.Plant collections as part of botanical gardens and arboretums open to the
public.
3.Ecological restoration projects that do not require a permanent irrigation
system
15.34.030.Definitions.
Unless the context otherwise requires,the following definitions and those set forth in the
Landscape Regulations shall govern the construction of this Chapter:
Altered Landscaped Area:A Landscaped Area,including landscape areas of public
property or facilities,that is equal to or greater than 2,500 square feet and is altered by
more than fifty percent (50%)of the total landscape area.
Certificate of Completion:The document required under Section 15.34.100.
Certified Landscape Irrigation Auditor:A person certified to perform landscape irrigation
audits by a recognized professional trade organization or other educational
organ ization.
Developer Installed Landscaping:Landscaping installed by a builder in conjunction with
the construction of a residential project."Developer installed landscaping"shall not
include landscaping installed by an owner/occupant building in conjunction with the
construction of a single-family residence.
Director:The Director of Planning,Building and Code Enforcement,or his or her
designee.
Estimated Total Water Use ("ETWU"):The total water used for the landscape subject
to this Chapter determined pursuant to the formula set forth in the Landscape
Regulations.The ETWU is based upon such factors as the local evapo-transpiration
rate,the size of the Landscaped Area,the types of plants,and the efficiency of the
irrigation system.
Homeowner-Provided Landscaping:Any Landscaped Area either installed by a private
individual for a singl,e-family residence or installed by a licensed contractor hired by a
homeowner.A homeowner for purposes of this Chapter is a person who occupies the
dwelling he or she owns.This excludes speculative homes,which are not owner-
occupied dwellings.
Irrigation Audit:An in-depth evaluation of the performance of an irrigation system
conducted by a Certified Landscape Irrigation Auditor.An Irrigation Audit includes,but is
not limited to:inspection,system tune-up,system test with distribution uniformity or
emission uniformity,reporting overspray or runoff that causes overland flow,and
preparation of an irrigation schedule.
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Landscape Documentation Package:The documents required under Section 15.34.050
required to be submitted to the Director for review and approval.
Landscape Regulations:Rules and regulations adopted by the Director for the
implementation and enforcement of provisions of this Chapter,and when duly
promulgated,such rules and regulations shall be in full force and effect.
Landscaped Area:The entire lot,including water features such as pools,spas,ponds,
and fountains."Landscaped Area"shall not include the building footprint,driveways,
non-irrigated portions of parking lots,hardscapes such as decks and patios,and other
nonporous areas.
Maximum Applied Water Allowance ("MAWA"):The upper limit of annual applied water
for the established Landscaped Area or Altered Landscaped Area determined pursuant
to the formula set forth in the Landscape Regulations.The MAWA is based upon the
local reference evapotranspiration rate,the ETo Adjustment Factor,and the size of the
Landscaped Area or Altered Landscaped Area.
New Construction:a new building with a landscape or other new landscape,such as a
park,playground,or greenbelt without an associated building.
Permit:an authorizing document issued by the City for new construction or rehabilitated
landscapes,including a building or landscape permit,plan check or design review.
Project Applicant:The person or entity submitting a Landscape Documentation
Package.A Project Applicant may include the property owner and/or an agent of the
owner.
Residential Project:The construction of one or more homes.
Water Efficient Landscape Worksheet:The document described in Section 15.34.090.
15.34.040.Review and Approval Requirements.
A.Prior to issuance of a Permit for any project that involves Landscaped Areas or
Altered Landscaped Areas subject to this Chapter,the Project Applicant must submit a
Landscape Documentation Package for review and approval by the Director.The
Landscape Documentation Package shall include the following:
1.Project information as required by the Landscape Regulations;
2.Landscape design plan as described in Section 15.34.050;
3.Irrigation design plan as described in Section 15.34.060;
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4.Water Efficient Landscape Worksheet as described in Section 15.34.090;
5.A soil management report as described in Section 15.34.080;
6.Grading design plan as described in Section 15.34.070;and
7.Payment of the fee as prescribed by City Council upon submittal of the
Landscape Documentation Package.
B.The documents listed in paragraph A shall be prepared and signed by a
landscape architect,landscape designer,or irrigation designer,as appropriate,
except that the soil management report shall be prepared by a qualified soil and
plant laboratory.
15.34.050.Landscape Design Plan.
A.Landscaped Areas or Altered Landscaped Areas subject to this Chapter shall be
carefully designed and planned to ensure the efficient use of water.The Project
Applicant shall submit to the Director a landscape design plan that meets the
criteria set forth in this section and the criteria set forth in the Landscape
Regulations.
B.The landscape design plan shall comply with or include the following:
1. A description of the plant material.Any plant may be selected for the
landscape provided that the Estimated Applied Water Use in the
Landscaped Area or Altered Landscaped Area does not exceed the
Maximum Applied Water Allowance.
2.Landscape design plans for projects in the City's High Fire Hazard
Severity Zones areas,as identified in the Landscape Regulations,shall
address fire safety and prevention.The Project Applicant shall ensure
that the defensible space required by the Municipal Code is maintained
and shall avoid fire-prone plant materials and mulches.
3.The architectural guidelines of a common interest development,which
include community apartment projects,condominiums,planned
developments,and stock cooperatives,shall not prohibit or include
conditions that have the effect of prohibiting the use of low-water use
plants as a group.
4.Turf is not allowed on slopes greater than 25%where the toe of the slope
is adjacent to an impermeable hardscape and where 25%means 1 foot of
vertical elevation change for every 4 feet of horizontal length (rise divided
by run x 100 +slope percent).
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C.Water Features shall be designed as follows:
1.Recirculating water systems shall be used as a source for water features.
2.Where available,recycled water shall be used as a source for decorative
water features.
3.The surface area of a water feature shall be included in the high water use
hydrozone area of the water budget calculation.
4.Pool and spa covers are highly recommended.
D.Mulch and amendments shall be included for use as follows:
1.A minimum two inch (2")layer of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas,creeping or rooting
groundcovers or direct seeding applications where mulch is
contraindicated.
2.Stabilizing mulching products shall be used on slopes.
3.The mulching portion of the seed/mulch slurry in hydro-seeded
applications shall meet the mulching requirement.
4.Soil amendments shall be incorporated according to recommendations of
the soil management report,if any,and what is appropriate for the plants
selected.
15.34.060.Irrigation Design Plan.
An irrigation system and its related components for Landscaped Areas and Altered
Landscaped Areas subject to this Chapter shall be carefully designed and planned to
allow for proper installation,management,and maintenance.The Project Applicant shall
submit to the Director an irrigation design plan that meets the criteria set forth in this
section and the criteria set forth in the Landscape Regulations.
15.34.070.Grading Design Plan.
A.Grading of a project site that contains a Landscaped Area or Altered Landscaped
Area subject to this Chapter,shall be designed to minimize soil erosion,runoff
and water waste.The Project Applicant shall submit to the Director a grading
design plan that meets the criteria set forth in this section and the criteria set
forth in the Landscape Regulations.
B.The landscape grading plan shall indicate finished configurations and elevations
of the landscape area including:(i)height of graded slopes;(ii)drainage patterns;
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(iii)pad elevations;(iv)finish grade;and (v)storm water retention improvements,
if applicable.
C.To prevent excessive erosion and runoff,grading shall avoid disturbing natural
drainage patterns and avoid soil compaction in Landscaped Areas or Altered
Landscaped Areas subject to this Chapter.All irrigation and normal rainfall
should remain within the property lines so as not to drain onto non-permeable
hardscapes.
D.A comprehensive grading plan prepared by a civil engineer for a project which
includes Landscaped Areas or Altered Landscaped Areas subject to this Chapter
can satisfy this requirement..
15.34.080.Soil Management Report.
The Project Applicant shall submit to the Director a soil management report that meets
the criteria set forth in the Landscape Regulations.
15.34.090.Water Efficient Landscape Worksheet.
A.The Project Applicant shall complete and submit to the Director a Water Efficient
Landscape Worksheet that meets the criteria set forth in this section and in the
Landscape Regulations.
B.The Water Efficient Landscape Worksheet shall contain two sections;(i)a
hydrozone information table and (ii)a water budget calculation for the
Landscaped Areas or Altered Landscaped Areas subject to this Chapter.The
water budget calculation shall include the Maximum Applied Water Allowance
and the Estimated Total Water Use.
15.34.100.Certification of Completion.
A.Upon completion of the installation of the Landscaped Areas or Altered
Landscaped Area subject to this Chapter,the Project Applicant shall submit a
Certificate of Completion,in the form provided by the City,for review and
approval by the Director.The Certificate of Completion shall be executed by
either the licensed landscaped architect,licensed landscape contractor or the
certified irrigation designer that signed any of the documents submitted as part of
the Landscape Documentation Package.
B.The Certificate of Completion shall certify and/or include the following:
1.The Landscaped Areas or Altered Landscaped Areas subject to this
Chapter have been installed in conformance with the Landscaped
Documentation Package,the Water Efficient Landscaping Ordinance and
the Landscape Regulations;
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2.The automatic controller has been set according to the irrigation schedule
described in Section 15.34.110;
3.Documentation that the soil management report recommendations,if any,
have been implemented;
4.The Irrigation Audit Report;and
5.The landscape and irrigation maintenance schedule.
C.The Director shall approve the Certificate of Completion if he or she determines
the project conforms to the provisions of this Section.If the Director determines
that the Certificate of Completion is incomplete or does not conform to the
provisions of this Section,the Director shall:
1.Notify the Project Applicant in writing that the Certificate of Completion has
been denied and include a statement of reasons;or
2.Notify the Project Applicant in writing that the Certificate of Completion is
incomplete with an indication of additional information necessary.The
Project Applicant may re-submit the Certificate of Completion for review by
the Director.
D.The Project Applicant shall provide a copy of the approved Certificate of
Completion to the property owner within 7 days of its approval.
15.34.110.Irrigation Schedule.
The Project Applicant shall prepare an irrigation schedule in accordance with the
Landscape Regulations that evaluates and manages the amount of water required to
maintain plant health.
15.34.120.Landscape and Irrigation Maintenance.
The Project Applicant shall prepare a landscape and irrigation maintenance plan in
accordance with the Landscape Regulations to ensure the efficiency of water use.
15.34.130.Irrigation Audit.
A.For Landscaped Areas or Altered Landscaped Areas subject to this Chapter,the
Project Applicant shall prepare an Irrigation Audit Report as set forth in the
Landscape Regulations.
B.For all existing Landscaped Areas installed prior to January 1,2010,irrigation
audits shall be prepared as set forth in the Landscape Regulations.
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15.34.140.Irrigation Efficiency.
A.New irrigation systems installed subject to this Chapter shall be designed,
maintained and managed to meet or exceed the average irrigation efficiency set
forth in the Landscape Regulations.
B.New irrigation systems installed as stand-alone projects shall comply with
Sections 15.34.060,15.34.090, 15.34.100, 15.34.110,15.34.120 and 15.34.130
of this Chapter.
15.34.150.Alternative Water-Efficient Use.
Alternative methods of using water efficiently such as the use of potable water,rain
water or other alternative water systems are encouraged.
15.34.160.Storm Water Management.
A.Landscape and grading design plans shall be developed in accordance with the
applicable provisions of the Storm Water and Urban Runoff Control provisions
set forth in Chapter 13.10 of Title 13 of the Municipal Code.
B.Rain gardens,cisterns,and other landscape features and practices that increase
rainwater capture and create opportunities for infiltration and/or onsite storage
are encouraged.
15.34.170.Water Waste Prevention.
Water waste resulting from inefficient landscape irrigation,such as runoff,low head
drainage,overspray or other similar conditions where water flows onto adjacent
property,non-irrigated areas,walks,roadways,parking lots or structures is prohibited.
15.34.180.Public Education.
The City shall provide information to owners of new,single-family residential homes
regarding the design,installation,management and maintenance of water-efficient
landscapes,as set forth in the Landscape Regulations.
15.34.190.Authority to Promulgate Rules and Regulations.
The Director shall have the power and authority to promulgate rules and regulations for
the implementation and enforcement of provisions of this Chapter,and when duly
promulgated,such rules and regulations shall be in full force and effect.
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15.34.200.Administration and Appeal Process.
The Director shall have the duty and authority to administer and enforce this Chapter.
The Project Applicant or property owner may appeal any other decision made by the
Director pursuant to this Chapter by filing with the Director within 15 days of the date of
written notification of the action at issue.The appeal shall be held pursuant to the
applicable provisions of Chapter 17.80 of Title 17 of the Municipal Code.
15.34.210.Penalties.
The enforcement sections are set forth in Title 1 of the Municipal Code.In addition,the
City Building Official may deny any project subject to this Chapter its final Permit
approval or equivalent until the Certificate of Completion has been submitted,reviewed
and approved by the City.
Section 2.The City Council has considered this Ordinance and finds that this
project is exempt from the requirements of the California Environmental Quality Act
("CEQA").The project is exempt pursuant to State CEQA Guidelines,14 Cal.Code
Regs.Sec.15307 as an action taken to assure the maintenance,restoration,or
enhancement of a natural resource,specifically water,where the regulatory process
involves procedures for protection of the environment.This Ordinance does not-
contemplate any construction activities,and there is no evidence to suggest that the
Ordinance will result in a significant impact on the environment,including impacts due to
unusual circumstances.The adoption of this Ordinance will result in the enhancement
and protection of water resources in the City,and there is no evidence to suggest that
the Ordinance would in cumulative adverse environment impacts.Based on the
foregoing and other substantial evidence in the record,the City Council hereby finds
and determines that the Ordinance is exempt from the provisions of CEQA,pursuant to
State CEQA Guidelines Section 15307.Further,as a separate and independent ground,
the City Council finds that the Ordinance is covered by the general rule that CEQA
applies only to projects that have the potential for causing a significant effect on the
environment.Because it can be seen with certainty that there is no possibility that the
Ordinance will have a significant effect on the environment,the Ordinance is not subject
to CEQA pursuant to State CEQA Guidelines Section 15061 (b)(3).
Section 3.If any section,subsection,subdivision,sentence,clause,phrase,or
portion of this Ordinance or the application thereof to any person or place,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 remainder of this Ordinance.
The City Council hereby declares that it would have adopted this Ordinance,and each
and every section,subsection,subdivision,sentence,clause,phrase,or portion thereof,
irrespective of the fact that anyone or more sections,subsections,subdivisions,
sentences,clauses,phrases,or portions thereof be declared invalid or unconstitutional.
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Section 4.The time within which judicial review of the decision reflected in this
Ordinance must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
PASSED,APPROVED and ADOPTED this 15th day of December 2009.
Stefan Wolowicz,Mayor
ATTEST:
Carla Morreale,City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )ss
CITY OF RANCHO PALOS VERDES )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do hereby
certify that the whole numbers of the City Council of said City is five;that the foregoing
Ordinance No.504 was duly and regularly adopted by the City Council of said City at a
regular meeting thereof held on December 15,2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
City Clerk
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