5349ORDINANCE NO. 5349
AN ORDINANCE OF THE CITY OF
ANAHEIM ADDING CHAPTER 10.19 TO
TITLE 10 OF TO THE ANAHEIM
MUNICIPAL CODE RELATING TO
LANDSCAPE WATER EFFICIENCY.
SECTION 1.
That new Chapter 10.19 be, and the same is hereby added to Title 10 of
the Anaheim Municipal Code to read as follows:
10.19.010 PURPOSE
The purpose of this chapter is to promote efficient water use through landscape design
appropriate to Anaheim's climate zone.
10.19.020 APPLICABILITY
010 This chapter shall apply to the following projects:
.011 New and rehabilitated public, industrial, commercial and institutional
landscaping;
.012 Commonly maintained, developer installed landscaping in single-family and
multi -family residential land uses;
.013 Privately -owned landscapes that are under landscape rehabilitation.
.020 This chapter shall not apply to the following projects:
021 Homeowner installed landscapes on single family lots;
.022 Cemeteries, school yards, parks, playgrounds, sports fields, theme parks and
golf courses;
.023 Historical sites on the National Register of Historic Places;
system;
024 Ecological restoration land uses that do not require a permanent irrigation
1
I
.025 Mined -land reclamation land uses that do not require a permanent
irrigation system;
.026 Any project with a landscaped area less than 2,500 square feet;
.027 Landscapes using reclaimed or recycled water that is approved and
appropriate for use;
.028 Water features that are an integral element of a business operation and are
intended to generate revenue or educate the cliental of the business. Exempt water
features shall be on a separate water meter from landscaped areas.
All exempt projects should follow efficient irrigation system design and
management practices as described in this chapter and the City's "Landscape Water
Efficiency Guidelines" as adopted by resolution of the City Council.
Portions of landscaped areas in public and private projects may require
water in addition to the maximum applied water allowance. A statement shall be
included with the Landscape Documentation Package, designating areas to be used for
such purposes and specifying any needed amount of additional water above the
maximum applied water allowance.
10.19.030 DEFINITIONS
The terms in this Chapter shall have the meaning set forth below:
005 Annlicant means the owner of property subject to the provisions of this
Chapter.
.010 Annlication rate means the depth of water applied to a given area, usually
measured in inches per hour.
.020 Annlied water means the portion of water supplied by the irrigation system
to the landscape.
.030 Certificate of Substantial Completion refers to the form to be submitted by
the Applicant at the completion of the project. It certifies that all plants and irrigation
were installed as specified by this ordinance.
.040 Common area means those areas in a residential development maintained
by either the developer or a homeowners' association.
.045 Customer means any owner, lessee, or renter of real property, using water
supplied by the City through meters or by contract.
2
I
.048 Department means the Public Utilities Department of the City of
Anaheim.
.050 Ecological restoration means a project where the site is intentionally
altered to re-establish a defined, indigenous, historic ecosystem.
.060 Established landscape means the point in time at which plants in the
landscape have developed roots into the soil adjacent to the root ball.
.070 Establishment period means the first 18 months after installing the plant in
the landscape.
.080 ET adjustment factor means a percentage factor 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 is the basis of the plant factor portion of
this calculation. The City's Landscape Water Efficient Guidelines further defines the ET
adjustment factor.
.090 Evapotranspiration or ET means the quantity of water evaporated from
adjacent soil surfaces and transpired by plants during a specific time.
.095 Guidelines mean the "Landscape Water Efficiency Guidelines" adopted by
resolution of the City Council.
.100 Hvdrozone means a portion of the landscaped area having plants with
similar water needs located in a similar microclimate that are served by a valve or set of
valves. A hydrozone may be irrigated or non -irrigated.
.110 Infiltration rate means the rate of water entry/penetration into the soil
expressed as a depth of water per unit of time (inches per hour).
.115 Landscape Documentation Package means documentation -conforming to
the requirements of Section 10.19.040 of this Chapter.
.120 Landscape irrigation audit means a process to perform site inspections,
evaluate irrigation systems, and develop efficient irrigation schedules.
.130 Landscape rehabilitation means any re -landscaping project that entails
alteration of the existing plant material (measured in square footage), landscape
design, or irrigation system of a project encompassing 2,500 square feet or more.
.140 Landscaped area means the entire parcel less the building footprint,
driveways, non -irrigated portions of parking lots, hardscapes such as decks and patios,
3
I
and other non -porous areas. Water features are included in the calculation of the
landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens
are not included.
.150 Maximum Applied Water Allowance (MAWA) means, for design purposes,
the upper limit of annual applied water for the established landscaped area. It is based
upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the
landscaped area.
.160 Mined -land reclamation means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act
of 1975.
.170 Overspray means the water which is delivered beyond the landscaped area,
wetting pavement, walks, structures, or other non -landscaped areas.
.180 Plant factor means a factor that when multiplied by reference
evapotranspiration, estimates the amount of water used by plants. Refer to the
Guidelines for plant factors relating to this ordinance.
190 Project means the scheme or area of scheduled landscape construction
activity.
.200 Recycled water reclaimed water, or treated sewage effluent water means
treated or recycled waste water of a quality suitable for non -potable uses such as
landscape irrigation and is not intended for human consumption.
.210 Reference evapotranspiration or ETo means a standard measurement of
environmental parameters which affect the water use of plants. ETo is given in inches
per day, month, or year, and is an estimate of the evapotranspiration of a large field of
four- to seven-inch tall, cool -season grass that is well watered. Reference
evapotranspiration is used as the basis of determining the maximum applied water
allowances so that regional differences in climate can be accommodated. The City's ETo
can be found in the reference evapotranspiration document provided by the Guidelines.
,220 Run-off means water which is not absorbed by the soil or landscape to
which it is applied and flows from the area. For example, run-off may result from water
that is applied at too great a rate (application rate exceeds infiltration rate) or when there
is a severe slope.
system.
.230 Valve means a device used to control the flow of water in the irrigation
4
.240 Water conservation concept statement is a one-page check -list and
narrative of the project.
10.19.040 REZUIREMENTS FOR LANDSCAPE DOCUMENTATION PACKAGES
A copy of the Landscape Documentation Package conforming to this
Chapter and the Guidelines shall be submitted to the City Planning Department's
Building Division. If a building permit is not required, the Landscape Documentation
Package shall be submitted directly to the Public Utilities Department. No building
permit shall be issued until the Public Utilities Department reviews and approves the
Landscape Documentation Package.
A copy of the approved Landscape Documentation Package shall be
provided by the Applicant to the property owner or site manager along with the
record/as-built drawings and any other information normally forwarded to the property
owner or site manager.
A copy of the Certificate of Substantial Completion found in the Guidelines
shall be submitted by the Applicant to the City Planning Department and the Public
Utilities Department prior to the City's final approval. This certificate must be signed by
the project contractor, landscape architect or related professional and the owner.
Each Landscape Documentation Package shall include the following
elements, which are explained in detail in the Guidelines. Landscape projects which are
subject to this chapter shall be designed using a not -to -be -exceeded Maximum Applied
Water Allowance (MAWA).
.010 Water Conservation Concept Statement is a one page checklist and
narrative of the project. This statement insures that all the pertinent data has been
included in the Landscape Documentation Package.
.020 Maximum Applied Water Allowance Calculations determine the maximum
amount of water that can be applied to the project site. See Definitions in Section III of
the Guidelines.
.030 Estimated Total Water Use means the annual total amount of water
estimated to be needed to keep the plants in the landscaped area healthy. It is based
upon such factors as the local evapotranspiration rate, the size of the landscaped area, the
types of plants, and the efficiency of the irrigation system.
.040 Gradinp- Deshm Plan shall meet the guidelines established by the City and
be drawn on project base sheets and shall indicate finished configurations and elevations
the landscaped area, including the height of graded slopes, drainage patterns, pad
elevations, and finish grades.
5
.050 A_aronomic Soils Analysis are required for projects with a landscaped area
greater than 2,500 square feet, and/or landscaped slopes as defined in the City's
"Grading, Excavations and Fills in Hillside Areas" code. This analysis shall consist of a
basic soil chemistry analysis or horticultural suitability analysis from a laboratory
qualified to perform landscape soils analysis.
.060 Planting Design Plan shall meet the guidelines established by the City and
be drawn on project base sheets, including plant selections and groupings by hydrozones,
any applicable details, and specifications.
.070 Irrigation Design Plans shall conform to Guidelines and be drawn on
project base sheets, including specifications, details, calculations and schedules.
.080 Certificate of Substantial Completion shall be submitted by the Applicant
after the project is installed. This certification consists of audits that ensure the project
has been installed as designed and specified. See the Guidelines.
10.19.050 WATER USE MONITORING
.010 All landscape water meters installed in conjunction with an approved
landscape plan in compliance with this ordinance shall be monitored by the City's Public
Utilities Department on a periodic basis for comparison to the MAWA.
a. Water use shall be based on utility records of the water meter
installed as the irrigation meter for each landscape.
b. The first 18 months after planting shall be considered as the
establishment period for the landscape plant materials.
C. Irrigation water use shall be compared to the maximum water
allowance (MAWA) for that landscape no sooner than 12 months
after completion of the 18 -month establishment period.
.020 The Public Utilities Department shall determine whether the irrigation
account water usage is lower than, equal to, or greater than the MAWA established for
that landscape.
If the irrigation account water use is greater than the MAWA, the property
owner shall have a landscape irrigation audit performed by a Certified Irrigation Auditor
and paid for by the property owner. A copy of the audit report shall be delivered to the
Public Utilities Department within 90 days of receipt of notification of water use in
excess of the MAWA. The Applicant shall make the modifications and/or adjustments
set forth in the audit report to the irrigation system within 90 days of the completion of
the audit, and provide documentation satisfactory to the City that the modifications
6
A
and/or adjustments have been completed in accordance with the audit report.
10.19.060 PENALTIES
.010 Notwithstanding any other provision of this Code to the contrary, a violation
of any of the provisions of this Chapter shall constitute an infraction punishable in
accordance with the provisions of Section 36900 of the Government Code of the State of
California, or any other successor provision thereto.
.020 The City Council shall by resolution pursuant to the recommendation of the
General Manager, establish a schedule of penalties, up to and including termination of
service, to be assessed for the violation of any of the provisions of this Chapter.
.030 The penalties imposed pursuant to this Chapter may be collected by adding
same to the Customer's water bill, in which case they shall be payable at the same time
and in the same manner as such bills, or by such other method of collection and payment
as established by the Department.
.040 All monies collected pursuant to Section 10.19.060 Penalties shall be
deposited in the Water Conservation Account.
10.19.070 NOTICES OF VIOLATIONS
.010 The Department shall give notice of violation to any Customer violating
any of the provisions of this Chapter. Said notice shall contain, in addition to the facts
of the violation, a statement of the penalties for each violation and a statement
informing the Customer of his right to a hearing on the merits of the violation.
.020 Notice of violation shall be given by sending a copy through the regular
mail to the address at which the Customer is normally billed by the Department.
10.19.080 RIGHT TO HEARING - STAY
Any Customer receiving a notice of violation of any provisions of this
Chapter shall have a right to a hearing by the General Manager, or his/her designee, on
the merits of the violation upon that Customer's written request to the Department. The
Customer's written request for a hearing must be received by the Department within ten
(10) working days of the date of notification of the violation or the Customer's right to a
hearing shall be deemed waived. The Customer shall be deemed notified of a violation
upon personal delivery of the notice to the Customer or, if personal delivery is not given,
the date on which the notice is placed in the regular mail, postage prepaid. The
Customer's timely written request for a hearing shall automatically stay the imposition of
any penalty until the General Manager, or his/her designee, renders a decision. No
other further stay will be granted by the Department. The Department shall issue
7
I
regulations to govern the contents of the request for hearing and the manner in which
such hearings may be conducted. The Customer may appeal the General Manager's
decision to the City Council. Failure of the Customer to notify the City Council within
fifteen days after receipt of the General Manager's findings will constitute acceptance by
the Customer of the General Manager's decision.
10.19.090 WILLFUL MISREPRESENTATIONS
Notwithstanding any other provision of law, and in addition thereto, and
not in lieu thereof, any person or entity who willfully misrepresents a material fact to the
Department for the purpose of securing relief from the provisions of this chapter for any
Customer shall be guilty of a misdemeanor. A violation of this section shall be
punishable by a fine not exceeding the sum of $1,000.00, or by imprisonment in the
county jail for a period not to exceed six (6), months, or by both such fine and
imprisonment.
10.19.100 APPLICATION FOR RELIEF
.010 A Customer may file with the Department an application for relief from
the water use limitations adopted by the City Council pursuant to this Chapter. The
Department shall have the power to take such steps as it deems reasonable and to set up
such procedures as it considers necessary to resolve such applications for relief. In
determining whether to grant relief and the nature of the relief to grant, the Department
shall take into consideration all factors relevant to the Customer's water usage.
.020 Relief shall be granted only on a showing by the Customer that the
Customer has achieved the maximum practical reduction in water consumption, when all
relevant factors are considered. No relief shall be granted to any Customer who, when
requested by the Department, fails to provide the Department with information
necessary for the Department to resolve the Customer's application for relief.
10.19.110 PUBLIC EDUCATION
.010 All model home sites consisting of four or more model homes/units in all
residential development shall have at least one model which demonstrates, via signs and
information, the principles of water efficient landscapes as described in this ordinance.
.020 Signs to identify the model as an example of a water efficient landscape
featuring elements, including without limitation hydrozones, irrigation equipment, plant
palette selection, and other factors which contribute to the overall water efficient theme
shall be provided.
SECTION 2.
The General Manager of the Public Utilities Department is hereby
directed to file a copy of said Ordinance with the Department of Water Resources by
January 31, 1993 in accordance with the Water Conservation in Landscaping Act.
SECTION 3.
The General Manager of the Public Utilities Department is hereby
authorized and directed to implement said Ordinance, subject to further approvals as
required by the City Council regarding necessary procedures, budgetary matters, rules
and regulations to carry out activities under said Ordinance.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other
ordinance of this City shall in any manner affect the prosecution for violations of
ordinances, which violations were committed prior to the effective date hereof, nor be
construed as a waiver of any license or penalty or the penal provisions applicable to any
violation thereof. The provisions of this ordinance, insofar as they are substantially the
same as ordinance provisions previously adopted by the City relating to the same subject
matter, shall be construed as restatements and continuations, and not as new enactments.
SECTION 5. SEVERABILITY
The City Council of the City of Anaheim hereby declares that should any
section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be
declared for any reason to be invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the elimination herefrom of
any such portion as may be declared invalid.
THE FOREGOING ORDINANCE is approved and adopted by the City
Council of the City of Anaheim this 12th day of January 1993.
MAYO THE CITY OF AHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
LLM:dnl
lmoses\ab325.ord
121692
0
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5349
was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of January, 1993,
and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of
January, 1993, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5349 on the 13th day
of January, 1993.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 13th
day of January, 1993.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of
Ordinance No. 5349 and was published once in the Anaheim Bulletin on the 21 st day of January, 1993.
CITY CLERK OF THE CITY OF ANAHEIM