6160ORDINANCE NO. 6160
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM AMENDING CHAPTER 10.19 OF
TITLE 10 OF THE ANAHEIM MUNICIPAL CODE IN
ITS ENTIRETY RELATING TO LANDSCAPE WATER
EFFICIENCY.
WHEREAS, the City of Anaheim (also referred to herein as "Anaheim" or
"City") has actively implemented incentive -based water use efficiency programs within Anaheim
since the early 1990s; and
WHEREAS, Anaheim has had an aggressive water conservation program since
the early 1990s and as a reflection of Anaheim's success, its water demand has only increased by
seven percent (7%) despite a population increase of thirty-six percent (36%) over the past 20
years; and
WHEREAS, in 1992, the State of California enacted the Water Conservation in
Landscaping Act (Assembly Bill 325), requiring the adoption of a water efficient landscape
ordinance by cities and counties throughout the state; and
WHEREAS, in response to Assembly Bill 325, Anaheim added Chapter 10.19 to
Title 10 of the Anaheim Municipal Code relating to landscape water efficiency on January 12,
1993; and
WHEREAS, in 2004, the legislature passed Assembly Bill 2717 establishing a
stakeholder -based Landscape Taskforce charged with formulating recommendations to improve
irrigation efficiency in new and existing landscapes. The report, "Water Smart Landscapes for
California: AB 2717 Landscape Task Force Findings, Recommendations, & Actions," contained
forty-three recommendations to achieve greater landscape water use efficiency; and
WHEREAS, the State Legislature has found that the continuation of California's
economic prosperity is dependent on the availability of adequate supplies of water for future uses
and 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; and
WHEREAS, in 2006, Governor Schwarzenegger signed Assembly Bill 1881
(Laird) amending the Water Conservation in Landscaping Act (the "Act"). The Act, as amended
by AB 1881, requires that (i) the Department of Water Resources ("DWR") update the 1993
original Model Water Efficient Landscape Ordinance, and (ii) cities and counties update local
Landscape Ordinances by January 1, 2010 so that they are "at least as effective as" DWR's
updated Model Ordinance in conserving water; and
WHEREAS, meeting the requirements of Assembly Bill 1881 will result in
changes to the landscape ordinances of cities and counties throughout California; and
WHEREAS, in response to the new landscape water efficiency requirements, a
stakeholder group was formed under the leadership of the Municipal Water District of Orange
County and the Orange County Division of the League of California Cities to develop a locally -
crafted Orange County Model Water Efficient Landscape Ordinance ("OC Model"); and
WHEREAS, Anaheim finds that landscape design, installation, maintenance, and
management can and should be water efficient and has incorporated provisions of the OC Model
to the meet the "at least as effective as" requirement of State law, minimize the complexity and
cost of compliance, and provide consistency between local jurisdictions; and
WHEREAS, water conservation, water recycling, and public education continues
to become critically important to Anaheim, California, and the region; and
WHEREAS, current water supply conditions require short and long-term
strategies to sustain a reliable supply of water to meet current and future water demands.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN AS FOLLOWS:
SECTION 1:
That Chapter 10.19 of Title 10 of the Anaheim Municipal Code be, and the same
is hereby, amended in its entirety to read as follows:
"Chapter 10.19 LANDSCAPE WATER EFFICIENCY
10.19.010 PURPOSE.
The purpose of this Chapter is to establish an alternative model acceptable under Assembly
Bill 1881 (Laird) as being at least as effective as the State Model Landscape Water Efficiency
Ordinance in the context of conditions in the City in order to:
.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 projects;
.040 establish provisions for water management practices and water waste prevention for
existing landscapes;
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.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 Beginning January 1, 2010, all planting, irrigation, and landscape -related
improvements required by this Chapter shall apply to the following landscape projects:
.0101 New landscape installations or landscape rehabilitation projects by public
agencies or private non-residential developers, except for cemeteries, with a landscaped area,
including pools or other Water Features but excluding hardscape, equal to or greater than 2,500
square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or
which otherwise require a ministerial permit for a landscape or Water Feature;
.0102 New landscape installations or landscape rehabilitation projects by developers or
property managers of single-family and multi -family residential projects or complexes with a
landscaped area, including pools or other Water Features but excluding hardscape, equal to or
greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a
landscape plan, or which otherwise require a ministerial permit for a landscape or Water Feature;
.0103 New landscape installation projects by individual homeowners on single-family
or multi -family residential lots with a total project landscaped area, including pools or other
Water Features but excluding hardscape, equal to or greater than 5,000 square feet, and which
are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require
a ministerial permit for a landscape or Water Feature;
.0104 Section 10.19.050.010 of the Landscape Water Use Standards of this Chapter
shall apply to all landscaped areas installed after January 1, 2010 to which Section 10.19.020.010
is applicable.
020 This Chapter does not apply to:
system;
or
.0201 Registered local, state, or federal historical sites;
0202 Ecological restoration projects that do not require a permanent irrigation system;
0203 Mined -land reclamation projects that do not require a permanent irrigation
0204 Plant collections, as part of botanical gardens and arboretums open to the public;
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0205 Cemeteries.
10.19.030 DEFINITIONS.
The terms in this Chapter shall have the meaning set forth below:
.010 "Applied Water" means the portion of water supplied by the irrigation system to the
landscape.
.020 "Ecological Restoration Project" means a project where the site is intentionally altered
to establish a defined, indigenous, historic ecosystem.
.030 "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.
.040 "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 landscaped area.
.0401 A combined plant mix with a site -wide average plant factor of 0.5 (indicating a
moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor
of (0.7) _ (0.5/0.71), which is the standard of water use efficiency generally required by this
Chapter and the Guidelines, except that the ETAF for a special landscape area shall not exceed
1.0.
.050 "Guidelines" refers to the Landscape Water Efficiency Guidelines, as adopted by the
City, which describe procedures, calculations, and requirements for landscape projects subject to
this Chapter.
.060 "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.
.070 "Homeowner Installed Landscape" means any landscaping either installed by a private
individual for a single 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 definition excludes speculative homes, which are not owner -occupied
dwellings and which are subject under this Chapter to the requirements applicable to developer -
installed residential landscape projects.
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.080 "Irrigation Efficiency" means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation Efficiency is derived from measurements
and estimates of irrigation system characteristics and management practices. The minimum
average irrigation efficiency for purposes of this Chapter is 0.71. Greater irrigation efficiency
can be expected from well designed and maintained systems.
.090 "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).
.100 "Landscape Contractor" means a person licensed by the State of California to
construct, maintain, repair, install, or subcontract the development of landscape systems.
.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.
.120 "Landscape Project" means total area of landscape in a project, as provided in the
definition of "landscaped area," meeting the requirements under Section 10.19.020 of this
Chapter.
.130 "Local Agency" means a city or county, including a charter city or charter county, that
is authorized by the City to implement, administer, and/or enforce any of the provisions of this
Chapter on behalf of the City. The local agency may be responsible for the enforcement or
delegation of enforcement of this Chapter including, but not limited to, design review, plan
check, issuance of permits, and inspection of a landscape project.
.140 "Local Water Purveyor" means any entity, including a public agency, city, county, or
private water company that provides retail water service.
.150 "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual
applied water for the established landscaped area as specified in the Guidelines. It is based upon
the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped
area. The Estimated Applied Water Use shall not exceed the Maximum Applied Water
Allowance.
.160 "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.
.170 "New Construction" means, for the purposes of this Chapter, a new building with a
landscape or other new landscape such as a park, playground, or greenbelt without an associated
building.
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.180 "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.
.190 "Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
.200 "Permit" means an authorizing document issued by Local Agencies for new
construction or rehabilitated landscape.
.210 "Plant Factor" or "Plant Water Use Factor" is a factor, when multiplied by ETo, that
estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor
range for low water use plants is 0 to 0.3; the plant factor range for moderate water use plants is
0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in
this Chapter are derived from the Department of Water Resources 2000 publication "Water Use
Classification of Landscape Species."
.220 "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.
.230 "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.
.240 "Rehabilitated Landscape" means any re -landscaping project that meets the
applicability criteria of Section 10.19.020.010, where the modified landscape area is greater than
2,500 square feet, is 50% of the total landscape area, and the modifications are planned to occur
within one year.
.250 "Smart Automatic Irrigation Controller" means an automatic timing device used to
remotely control valves that operate an irrigation system and which schedules irrigation events
using either evapotranspiration (weather -based) or soil moisture data.
.260 "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 areas dedicated to active play such as parks, sports fields,
golf courses, and where Turf provides a playing surface.
.270 "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo
grass are warm -season grasses.
280 "Valve" means a device used to control the flow of water in an irrigation system.
.290 "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. 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.
.020 Landscape and irrigation plans shall be submitted to the City for review and approval
with appropriate water use calculations. Water use calculations shall be consistent with
calculations contained in the Guidelines and shall be provided to the City, as the Local Water
Purveyor, in accordance with the procedures of this Chapter and the Guidelines.
.030 Verification of compliance of the landscape installation with the approved plans shall
be obtained through a Certification of Completion in conjunction with a Certificate of Use and
Occupancy or Permit Final process, as provided in the Guidelines.
.040 The City, as the Local Water Purveyor, has adopted Water Reduction Provisions
(Chapter 10.18) that allow for enforcement of water waste prohibitions for all existing metered
landscaped areas within its jurisdiction.
10.19.050 LANDSCAPE WATER USE STANDARDS.
.010 For applicable landscape installation or rehabilitation projects subject to Section
10.19.020.010 of this Chapter, the Estimated Applied Water Use allowed for the landscaped area
shall not exceed the MAWA 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.
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.020 Notwithstanding any provision of this Chapter 10. 19, the irrigation of landscaped areas
shall be conducted in a manner consistent with all applicable rules and requirements adopted by
the City relating to the irrigation of landscaped areas, and shall be subject to all penalties and
incentives for water conservation and water waste prevention established and implemented by
the City."
SECTION 2. CEQA CATEGORICAL EXEMPTION
The City Council of the City of Anaheim hereby determines that this Ordinance is
exempt from review under the California Environmental Quality Act ("CEQA") (California
Public Resources Code Section 21000 et seq.) because, pursuant to State CEQA Regulation
15307 (14 Cal. Code Regs., § 15307), 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.
SECTION 3. SAVINGS CLAUSE
Neither the adoption of this ordinance nor amendment of any other ordinance of
the City of Anaheim 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 tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of this ordinance, insofar as they are substantially the same as ordinance provisions
previously adopted by the City of Anaheim relating to the same subject matter, shall be
construed as restatements and continuations, and not as new enactments.
SECTION 4. SEVERABILITY
If any section, subsection, sentence, clause, phrase, word, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of
this ordinance. The City Council of the City of Anaheim hereby declares that it would have
adopted this ordinance and each remaining section, subsection, sentence, clause, phrase, word, or
portion thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, words, or portions have been declared invalid or unconstitutional.
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SECTION 5. 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 17th day of November , 2009, and
thereafter passed and adopted at a regular meeting of said City Council held on the 8th day of
December , 2009, by the following roll call vote:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
ZI2L4:4a
CITY CLERK OF THE CITY O ANAHEIM
74558..v4
9
CITY NAHEIM
MAYOR OF THE CTTY 01 ANAHEIM
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:
December 17, 2009
"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: December 17, 2009
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714)796-2209
PROOF OF PUBLICATION
Proof of Publication of
MMARY PUBLICATION
CITY OF ANAHEIM
ORDINANCE NO. 6160
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AMENDING CHAP-
TER 10.19 OF TITLE 10 OF THE ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY RELATING
TO LANDSCAPE WATER EFFICIENCY.
In 2006, AB 1881 (Laird) was enacted into law requiring the State Department of Water Re-
sources to update its Model Water Efficient Landscape Ordinance in _accordance with
specified requirements. The purpose of this law is to further protect the State's water re-
sources by improving landscape water efficiency and reducing water waste. AB 1881 re-
quires that all cities and counties must, adopt a Landscape ordinance "at least as effective
as" the State Model in conserving water, by Jan 1, 2010. If a city or county fails to
adopt such an ordinance; State law mandates that the State Model be automatically adopt-
ed and enforceable in that jurisdiction.
In order to comply with AB 1881, Ordinance No. 6160 amends Chapter 10.19 of the Anaheim
Municipal Code +n ds entirety to require that @ Landscape Documentation Package be sub -
miffed in conjunction with applications for naw and rehabilitated landscape prex-
cept for the foUowmg projad types: (1) landscapes less than 2,500 square feet; Fiome-
owner installed projects less than S,OOD square feet; (3) projects not otherwise suect to a
discretionary approval of a landscape plan; (4) prgects that do not require a m�msterial
permk fora landscape or water, feature; (5) registered historic sites; (6} ecological restora-
tion Qrojects; (7) public botanical gardens and arboretums; and cemetenes.
The purpose of the Landscape Documentation Package is to ensure that selected plant-
ings and imggation systems are designed to app N caster efficiently, while avoiding waste
and runoff. The 2fuant ly of water that would be a owed for new landscapes is egwvalent
to the
amount needed to effectively maintain grass and typical shrubs; if applied efficiently.
The ordinance is primarily aimed at eliminating wasteful practices by residents and busi-
nesses
usynesses through:(1) minimizing installation of very high water using plants; and (2) eliminat-
ing inefficient irrigation systems.
1, Unda N. Andal, City Clerk of the City of Anaheim, do hereby certify that the foregoing is a
summary of Ordinance No. 6160 which ordinance was introduced at a regular meeting of
the C�'ty Council of the City of Anaheim on the 17th day of November, 2009 and was duly
passed and adopted at a regular meeting of said. Council on the Sth day of December,
2009 by the following roll call vote of the members thereof:
AYES: Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
The above summary is a brief description of the subject matter contained in the text of Or-
dinance No. 6160, which has been prepared pursuant to Section 512 of the Charter of the
City of Anaheim. This summary does not include or desctiibe 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) 765-5166, between 8:00 AM and, 5:00 PM, Monday through Friday. There is no
charge for the copy.
Anahiem Bulletin December 17 2009 9184282