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6355ORDINANCE NO. 6 3 5 5 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 10.19 AND 18.46 OF THE ANAHEIM MUNICIPAL CODE RELATING TO LANDSCAPE WATER EFFICIENCY AND DETERMINING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15307 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. WHEREAS, California Constitution article X, section 2 and California Water Code section 100 provide that because of conditions prevailing in the state of California (the "State"), it is the declared policy of the State that the general welfare requires that the water resources of the State shall be put to beneficial use to the fullest extent of which they are capable, the waste or unreasonable use of water shall be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and the public welfare; and WHEREAS, pursuant to California Water Code section 106, it is the declared policy of the State that the use of water for domestic use is the highest use of water and that the next highest use is for irrigation; and WHEREAS, on December 8, 2009, in response to State -mandated landscape water efficiency requirements, the Anaheim City Council adopted Ordinance No. 6160 amending Chapter 10.19 of Title 10 of the Anaheim Municipal Code and, the following year, the Anaheim adopted the Guidelines for Implementation of the Landscape Water Efficiency Ordinance (the "Guidelines"); and WHEREAS, on April 1, 2015, Governor Brown issued Executive Order B-29-15 finding that conditions of extreme peril to the safety of persons and property continue to exist in California due to water shortage and drought conditions; and WHEREAS, Executive Order B-29-15 directed the State Water Resources Control Board ("State Water Board") to update the State Model Water Efficient Landscape Ordinance ("State Model Ordinance") to increase water efficiency standards for new and existing landscapes through more efficient irrigation systems, onsite storm water capture, and by limiting the portion of landscapes that can be covered in turf; and WHEREAS, the State Water Board completed its update of the State Model Ordinance, and the California Water Commission approved the update on July 15, 2015; and WHEREAS, local agencies have the option to adopt the State Model Ordinance or a local or regional ordinance which must be at least as effective in conserving water as the model ordinance; and WHEREAS, in response to Executive Order B-29-15 and the adoption of the State Model Ordinance, a stakeholder group of Orange County water agencies was formed to develop a regional landscape water efficiency ordinance and guidelines ("OC Model"); and WHEREAS, the Anaheim City Council finds that landscape design, installation, maintenance, and management can and should be water efficient and desires to incorporate provisions of the OC Model into Chapter 10.19 of and the Guidelines; and WHEREAS, the Anaheim City Council hereby finds that Orange County regional approach is the best approach for Anaheim given: (i) Orange County has an established, large reclaimed water infrastructure system; (ii) Current local design practices in new landscapes strive to achieve the intent of the State Model Water Efficient Landscape Ordinance water use goals; and (iii) all water services within the City are metered and billed based on volume of use; and WHEREAS, Anaheim, as the local water purveyor, is implementing enforcement of water waste prohibitions for all existing metered landscaped areas within its jurisdiction; and WHEREAS, the Anaheim City Council determines that the proposed revisions to Chapter 10.19 and the Guidelines (i) are "at least as effective as" in conserving water as the State Model Ordinance; (ii) minimize the complexity and cost of compliance; and (iii) provide consistency between local jurisdictions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. RECITALS. The Anaheim City Council hereby finds and determines that the above recitals are true and correct and incorporated herein. SECTION 2. ENVIRONMENTAL REVIEW. The Anaheim City Council hereby determines that this ordinance is exempt from review under the CEQA, because pursuant to Section 15307 of Title 14 of the California Code of Regulations, this ordinance is covered by the CEQA categorical exemption for actions taken to assure the maintenance, restoration, enhancement, or protection of a natural resource where the regulatory process involves procedures for protection of the environment. The adoption of this ordinance will result in the enhancement and protection of water resources in Anaheim, and will not result in cumulative adverse environment impacts. It is therefore exempt from the provisions of CEQA. The Anaheim City Council hereby directs the City Manager or designee to prepare and file a Notice of Exemption as soon as possible following adoption of this ordinance. SECTION 3. LANDSCAPE WATER EFFICIENCY That Chapter 10.19 of Title 10 of the Anaheim Municipal Code, is and shall be renamed and amended in its entirety to read as follows: 2 "Chapter 10. 19 — LANDSCAPE WATER EFFICIENCY Sections: 10.19.010 Purpose. 10.19.020 Applicability. 10.19.030 Definitions. 10.19.040 Implementation Procedures for Landscape Documentation Packages 10.19.050 Landscape Water Use Standards. 10.19.060 Guidelines. 10.19.010 PURPOSE. The purpose of this Chapter is to establish an alternative ordinance acceptable under Executive Order B-29-15 as being at least as effective as the State Model Water Efficient Landscape Ordinance in conserving water within the City. This Chapter has the following additional purposes: .010 Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; .020 Promote the values and benefits of landscapes while recognizing the need to invest in water and other resources as efficiently as possible; .030 Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in New Construction and Rehabilitated Landscape projects; .040 Establish provisions for water management practices and water waste prevention for existing landscapes; .050 Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; and .060 Encourage the use of economic incentives that promote the efficient use of water, such as implementing conservation pricing. 10.19.020 APPLICABILITY. 010 This Chapter and the Guidelines shall apply to the following Landscape Projects: .01 New Landscape Projects with an Aggregate Landscape Area equal to or greater than 500 square feet, requiring a building or landscape Permit, plan check or design review; 3 .02 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 design review; .03 New or Rehabilitated Landscape Projects with an Aggregate Landscape Area of 2,500 square feet or less may comply with the performance requirements of this Chapter and the Guidelines or conform to the prescriptive measures contained in Appendix A of the Guidelines; and .04 New or Rehabilitated Landscape Projects using treated or untreated graywater or rainwater capture 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 treated or untreated graywater or through stored rainwater capture on site is subject only to the irrigation system requirements of Appendix A of the Guidelines. .020 Section 10.19.050 of this Chapter shall apply to all Landscape Areas, whether installed prior to or after January 1, 2010. 030 This Chapter does not apply to: .01 Registered local, state, or federal historical sites; 02 Ecological Restoration Projects that do not require a permanent irrigation system; 03 Mined -land Reclamation Projects that do not require a permanent irrigation system; or .04 Plant collections, as part of botanical gardens and arboretums open to the public. .040 As for cemetery Landscape Projects, Sections 2.8, 2.9, and Appendix C of the Guidelines shall apply to new cemetery landscape installations and Sections 2.8, 2.9, and 3 of the Guidelines shall apply to cemetery landscape rehabilitation projects. 10.19.030 DEFINITIONS. Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter the most reasonable application. .010 "Aggregate Landscape Area" pertains to the areas undergoing development as one project or for production home neighborhoods or other situations where multiple parcels are undergoing development as one project, but will eventually be individually owned. 4 .020 "City" means City of Anaheim. .030 "Ecological Restoration Project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. .040 "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 Guidelines. 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. .050 "Estimated Total Water Use" shall be calculated in accordance with the Guidelines. .060 "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 Guidelines. 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 Landscape Area. These factors are set forth in the Guidelines. The ETAF for a Special Landscape Area shall be as set forth in the Guidelines. .070 "Guidelines" refers to the Guidelines for Implementation of the City of Anaheim Landscape Water Efficiency Ordinance which describes procedures, calculations, and requirements for Landscape Projects subject to this Chapter. .080 "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 Chapter. .090 "Irrigation Efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied as set forth in the Guidelines. Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. .100 "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). .110 "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 Guidelines. 5 .120 "Landscape Project" means total area of landscape in a project, as provided in the definition of "Landscape Area," meeting the requirements under Subsection .10 of Section 10. 19.020 of this Chapter. .130 "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water for the established Landscaped Area as set forth in the Guidelines. .140 "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. .150 "New Construction" means a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building. .160 "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. .170 "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. .180 "Permit" means an authorizing document issued by City or local agencies with jurisdiction for New Construction or Rehabilitated Landscape. .190 "Plant Factor" or "Plant Water Use Factor" is a factor, when multiplied by ETo, that estimates the amount of water needed by plants as further set forth in the Guidelines. .200 "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. .210 "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 the Guidelines, 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. .220 "Rehabilitated Landscape" means any re -landscaping project that meets the applicable criteria of Subsection .010 of Section 10.19.020 of this Chapter, where the modified Landscape Area is greater than 2,500 square feet. .230 "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 recreational areas dedicated to active play such as parks, sports fields, golf courses, and where Turf provides a playing surface. .240 "Turf' means a ground cover surface of mowed grass. G .250 "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. 10.19.040 IMPLEMENTATION PROCEDURES FOR LANDSCAPE DOCUMENTATION PACKAGES. .010 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 Chapter. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Guidelines. 0.20 Except as expressly stated otherwise, 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 Chapter and the Guidelines. The following requirements shall also apply: .01 Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. .02 Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the City, as appropriate, under procedures determined by the City. .03 Verification of compliance of the landscape installation with the approved plans shall be obtained through a completed prescriptive compliance form and/or a Landscape Installation Certificate of Completion as provided in the Guidelines. 10.19.050 LANDSCAPE WATER USE STANDARDS. .010 For applicable landscape installation or Rehabilitation Landscape projects subject to Subsection .010 of Section 10.19.010, the Estimated Applied Water Use allowed for the Landscape Area shall not exceed the MAWA calculated using the appropriate ET Adjustment Factor; or the design of the Landscape Area shall otherwise be shown to be equivalently water - efficient in a manner acceptable to the City; as provided in the Guidelines. .020 Irrigation of all Landscape 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. 7 10.19.060 GUIDELINES. .010 The Public Utilities General Manager is authorized and directed to prepare, adopt, promulgate, and amend the Guidelines as well as to take such actions as are necessary to establish and implement them. Any such Guidelines as well as any actions taken shall be consistent with this Chapter and State law. .020 The Guidelines shall describe procedures, calculations, and requirements for Landscape Projects subject to this Chapter. The Guidelines shall apply to all Landscape Projects in Subsections .010, .020, and .040 of Section 10.19.020 of this Chapter. .030 The Guidelines shall be available in the office of the City Clerk." SECTION 4. That new Subsection .050 is hereby added to Section 18.46.020 (Applicability) of Chapter 18.46 (Landscaping and Screening) of Title 18 (Zoning) of the Anaheim Municipal Code, to read in full as follows: ".050 The requirements of this chapter shall not apply to those projects covered by Chapter 10.19 (Landscape Water Efficiency) of Title 10 of the Anaheim Municipal Code to the extent that the requirements of this chapter conflict with those in Chapter 10.19." SECTION 5. This ordinance rescinds Resolution 2010-112 from the effective date of this ordinance. SECTION 6. SEVERABILITY. The Anaheim City Council hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the Anaheim City Council that it would have adopted all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Anaheim City Council hereby declares that it would have passed this ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 7. CERTIFICATION. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 8. EFFECTIVE DATE This ordinance shall take effect thirty (30) days from and after its adoption by the City Council. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 12 day of January , 2016, and thereafter passed and adopted at a regular meeting of said City Council held on the 26th day of January , 2016, by the following roll call vote: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY CLERK OF THE CITY O ANAHEIM 114334 CITY OF ANAHEIM By: MAYOR OF THE CITY OF ANAHEIM 10 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6355 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 12th day of January, 2016, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 26th day of January, 2016, by the following vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of January, 2016. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6355 and was published in the Anaheim Bulletin on the 4th day of February, 2016. Q-�J�rJ6 CITY CLERK OF THE CITY OFA AHEIM AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ss County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 4, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 4, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714) 796-2209 PROOF OF PUBLICATION Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION f CITY OF ANAHEIM ,- ORDINANCE NO. 6355 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAP- TERS 10.19 AND 18.46 OF THE ANAHEIM MUNICIPAL CODE RE- LATING TO LANDSCAPE WATER EFFICIENCY AND DETERMIN- ING THAT THIS ORDINANCE IS EXEMPT FROM THE %FOR - NIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15307 OF TITLE 14 OF THE CALIFORNIA CODE OF - REGUiLATIONS. This ordinance amends Chapter 10.19 (Landscape Water Efficiency) and Chapter 18.46 (Landscaping and Screening) of the Anaheim Municipal Code for the purpose of updating water efficiency req airements for new and rehabilitated landscapo projects within the City of Anaheim. This ordinance also authorizes the Public Utilities General Manager to adopt the "Guidelines for (implementation of the City of Anaheim Landscape Water EfficiencyOr- dinance." These guidelines set forth procedures, calculations, and other requirements for landscape projects subject to the ordinance. 1, Linda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a summary of Ordinance No. 6355, which ordinance was Introduced at a regular meeting of the City Council of the City of Anaheim on the 12th da of January, 2016 and was duly passed and adopted at a regular meeting of said Council on the 26th day of January, 2016 by the following roll call vote of the members thereof: AYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt,,;' NOES: None ABSENT: None ABSTAIN: None The above summer( is a brief description of the subject matter contained in the text of Or;. dinance No. 6355, which has been prepared pursuant to Section 512 of the Charter of the, City of Anaheim. This summary does not include or describe every provision of the ordi- nance and should not be relied on as a substitute for the full text of the ordinance. To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5168, between 8:00 AM and 5:00 PM, Monday through Friday. There is, no charge for the copy, P_ubfish: Anaheim Bulletin February 4 2016 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) ) ss. County of Orange ) I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the Anaheim Bulletin, a newspaper that has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: February 4, 2016 "I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: February 4, 2016 Signature Anaheim Bulletin 625 N. Grand Ave. Santa Ana, CA 92701 (714)796-2209 PROOF OF PUBLICATIONp Proof of Publication of Paste Clipping of Notice SECURELY In This Space SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO. 6355 - AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAP- TERS 10.19 AND 18.46 OF THE ANAHEIM MUNICIPAL CODE RE- LATING TO LANDSCAPE WATER EFFICIENCY AND DETERMIN- INGTHAT THIS ORDINANCE IS EXEMPT FROM THE CALIFOR- NIA ENVIRONMENTAL QUALITY ACT (CEOA) PURSUANT TO _ SECTION 15307 OF TITLE 14 OF THE CALIFORNIA CODE OF REGULATIONS. This ordinance amends Chapter 10.19 (Landscape Water Efficiency) and Chapter 18.46 (Landscaping and Screening) of the Anaheim Municipal Code for the purpose of updating water efficiency requirements for new and rehabilitated landscape projects within the City of Anaheim. This ordinance also authorizes the Public Utilities General Manager to adopt the "Guidelines for Implementation of the City of Anaheim Landscape Water Efficiency Qr- dinance." These guidelines set forth procedures, calculations, and other requirements fw andscape projects subject to the ordinance. I, Linda N. Andal, City Clerk of the.City of Anaheim, do hereby certify that the foregoing is -a •ummary of Ordinance No. 6355, which ordinance was introduced at a regular meetjng of he CRy Council of the City of Anaheim on the 12th day of January, 2016 and wag duly 'assed and adopted at a regular meeting of said Council on the 26th day of January, 2016 3y the following roll call vote of the members thereof: OYES: Mayor Tait and Council Members Kring, Murray, Brandman, and Vanderbilt VOES: None 4BSENT: None ABSTAIN: None •` rhe above summary is a brief description of the subject matter contained in the text of Or- iinance No. 6355, which has been prepared pursuant to Section 512 of the Charter of the 'ity of Anaheim. This summary does not include or describe every provision of the ordi; lance and should not be relied on as a substitute for the full text of the ordinance. Fo obtain a copy of the full text of the ordinance, please contact the Office of the City 'lerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday through Friday. There is no ;harge for the copy. 'ublish; Anaheim Bulletin February 4 2016 VA a �—