Ordinance No. 960 - Municipal Code Amending the Water Effecient Landscape Standards adn Guidelines to Be Consistent with State LawORDINANCE NO. 960
AN ORDINANCE OF THE ROSEMEAD CITY COUNCIL,
AMENDING CHAPTER 13.08 OF THE ROSEMEAD
MUNICIPAL CODE AMENDING THE WATER EFFICIENT
LANDSCAPE STANDARDS AND GUIDELINES TO BE
CONSISTENT WITH STATE LAW
WHEREAS, the waters of the State of California are of limited supply and are
subject to ever increasing demands; and
WHEREAS, the continuation of economic prosperity is dependent on the
availability of adequate supplies of water for future uses; and
WHEREAS, landscapes are essential to the quality of life in the State and the
City of Rosemead by providing areas for active and passive recreation and as an
enhancement to the environment by cleaning air and water, preventing erosion, offering
fire protection, and replacing ecosystems lost to development; and
WHEREAS, landscape design, installation, maintenance, and management can
and should be water efficient; and
WHEREAS, Article X, Section 2 of the California Constitution specifies that the
right to use water is limited to the amount reasonably required for the beneficial use to
be served, and the right does not and shall not extend to waste or unreasonable method
of use of water; and
WHEREAS, the recent drought has emphasized the need to be prudent in the
use and conservation of water; and
WHEREAS, the City adopted Ordinance No. 885 Water Efficient Landscapes in
2009, which implemented standards to regulate water efficient landscapes in
accordance with AB 1881, and
WHEREAS, pursuant Governor Brown's Drought Executive Order of April 1,
2015 (EO B- 29 -15), the California Water Commission approved an update the State's
Model Water Efficient Landscape Ordinance; and
WHEREAS, the State requires local agencies to adopt the 2015 State Model
Ordinance or an ordinance that is "at least as effective" in conserving water; and
WHEREAS, to comply with State requirements, to provide consistency with other
jurisdictions, and to ease use for applicants, the City desires to adopt a regional Water
Efficient Landscape Ordinance that is "at least as effective as" 2015 State Model Water
Efficient Landscape Ordinance, and
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THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY ORDAINS AS
FOLLOWS:
SECTION 1: The City Council of the City of Rosemead does hereby find,
determine, and declare that:
A. The City of Rosemead has benefited from the installation of reclaimed water
infrastructure by the San Gabriel Valley Water Company and Golden State Water
Company that is servicing several large private properties; and
B. Allocation -based and tiered water rate structures allow public agencies to
document water use in landscapes; and
C. Current local design practices in new landscapes strive to achieve the intent of
the State Model Water Efficient Landscape Ordinance water use goals; and
D. All water services within the City are metered and billed based on the volume of
use; and
E. All new irrigation controllers sold after 2012 within the City will be smart irrigation
controllers; and
F. Landscape plan submittal and review has been a long standing practice in the
City of Rosemead, and
G. The local water purveyors for the City of Rosemead are implementing budget -
based tiered rate billing and /or enforcement of water waste prohibitions for all existing
metered landscape areas throughout their service area, which combined includes the
entire City of Rosemead. In addition, the City of Rosemead continues to enforce
Chapter 13.04 of the Rosemead Municipal Code pertaining to Water Conservation.
Pursuant to Rosemead Municipal Code Section 13.04.030, no water user shall waste
water from any source nor shall any person sanction such waste.
SECTION 2: Amendment to Title 13. Rosemead Municipal Code Title 13
"Public Services ", Chapter 13.08 "Water Efficient Landscapes" is amended to read as
follows:
WATER EFFICEINT LANDSCAPES
Sections:
13.08.010 Purpose.
The purpose of this Chapter is to establish water efficient landscape regulations
that are acceptable under Governor Brown's April 1, 2015 Drought Executive Order (6-
29-15) and that are at least as effective in conserving water as the State Model Water
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Efficient Landscape Ordinance, in the context of conditions in the City, in order to
ensure that landscapes are planned, designed, installed, maintained, and managed in a
manner that uses water efficiently, encourages water conservation, and prevents water
waste. The provisions of this Chapter shall be deemed to be controlling over the
subject matter herein in the event of any conflict between this Chapter and any other
provision in the Municipal Code.
13.08.020 Definitions.
For the purposes of this Chapter and the Guidelines for the implementation of
this Chapter, the following terms are defined:
"City" means the City of Rosemead.
"City Manager" means the City Manager of the City of Rosemead or his or her
designee.
"Aggregate landscape areas" pertains to the areas undergoing development as
one project for production home neighborhoods or other situations where multiple
parcels are undergoing development as one project, but will eventually be individually
owned.
"Applicant" means the person submitting a landscape documentation package.
Applicants can be the property owner or his or her designee.
"Applied water" means the portion of water supplied by the irrigation system to
the landscape:
"Budget -based tiered -rate structure" means tiered or block rates for irrigation
accounts charged by the local water purveyor(s) in which the block definition for each
customer is derived from lot size or irrigated area and the evapotranspiration
requirements of landscaping.
"Ecological restoration project" means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
"Estimated Applied Water Use" or "EAWU" means the 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.
"Evapotranspiration adjustment factor" or "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
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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.
"Guidelines" refers to the Guidelines for Implementation of the Water Efficient
Landscape Ordinance, as approved by the City, which describes procedures,
calculations, and requirements for landscape projects subject to this Chapter.
" 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 are not considered
hardscapes.
"Irrigation efficiency" or "IF means the measurement of the amount of water
beneficially used divided by the amount of water applied to the landscaped area.
Irrigation efficiency is derived from measurements and estimates of irrigation system
characteristics and management practices. The FRARimum average irrigation efficiency
for purposes of this Chapter are 0.75 for overhead spray devices and 0.81 for drip
systems.
"Landscaped area" means all the planting areas, turf areas, and water features in
a landscape design plan subject to the Maximum Applied Water Allowance and
Estimated Applied Water Use calculations. The landscaped area does not include
footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios,
gravel or stone walks, other pervious or non - pervious hardscapes, and other non -
irrigated areas designated for non - development (e.g., open spaces and existing native
vegetation).
"Landscape contractor" means a person licensed by the State of California to
construct, maintain, repair, install, or subcontract the development of landscape
systems.
"Landscape documentation package" means the documents required to be
provided to the City for review and approval of landscape projects subject to this
Chapter, as described in the Guidelines.
"Landscape project" means total area of landscape in a project, as provided in
the definition of "landscaped area," meeting the requirements under Section 13.08.030
of this Chapter.
"Landscape rehabilitation" means any re- landscaping project that meets the
applicability criteria of Section 13.08.030 of this Chapter, where the aggregate
modified landscape area is equal, to or greater than 2,500 square feet or where the
cumulative modified area is equal to or greater than 2,500 square feet if the
modifications are planned to occur incrementally within one year.
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"Local agency" means a city or county, including a charter city or charter county,
or local water purveyor 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.
"Local water purveyor" means any entity, including a city, county, public agency,
or private water company that provides retail water service. Local water purveyor shall
also mean any entity that provides wholesale water service, for the purpose of Section
13.08.050 and Section 13.08.070
"Maximum applied water allowance" or "MAWA" means the upper limit of annual
applied water for the landscaped area as specified in Section 2.2 of 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
MAWA. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 -ETAF) x SLA)]
"Mined -land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act
of 1975.
"New landscape" 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.
"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.
"Person" means any individual, firm, joint venture, joint stock company,
partnership, public or private association, company, corporation, business trust,
organization, public or private agency, government agency or institution, school district,
college, university, any other user of water provided by the local water purveyor, or the
manager, agent, officer, or employee thereof, or any other entity which is recognized by
law as the subject of rights or duties.
"Pervious" means any surface or material that allows the passage of water
through the material and into the underlying soil.
"Permit" means an authorizing document issued by a local agency for new
construction or rehabilitated landscape.
"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 very low water use plants is 0 to 0.1; the plant factor 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
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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 publication "Water Use Classification of Landscape
Species." Plant factors may also be obtained from horticultural researchers from
academic institutions or professional associations as approved by the California
Department of Water Resources (DWR).
"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.
"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.
"Smart automatic irrigation controller" means an automatic irrigation controllers
utilizing either evapotranspiration or soil moisture sensor data with non - volatile memory
shall be required for irrigation scheduling in all irrigation systems, recommending U.S.
EPA WaterSense labeled devices as applicable.
"Special landscape area" or "SLA" 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 where turf provides a playing surface, such as parks, sports fields, golf
courses, and where turf provides a playing surface.
"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.
"Valve" means a device used to control the flow of water in an irrigation system.
"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.
13.08.030. Applicability.
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A. Beginning February 1, 2016, and consistent with Executive Order No. B- 29 -15,
this Chapter applies to the following landscape projects:
1. 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;
2. Rehabilitated landscape projects with an aggregate landscape area equal to
or greater than 2,500 square feet, requiring a building permit or landscape
permit, plan check or design review;
3. 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 Ordinance or conform to the prescriptive measures contained in Appendix
A of the Guidelines.
4. New or rehabilitated 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 though stored rainwater capture on site is
subject only to Appendix A of the Guidelines.
B. Section 13.08.060 of this Chapter regarding water waste applies to:
1. All landscaped areas, whether installed prior to or after January 1, 2010; and
2. All landscaped areas installed after February 1, 2016 to which Section
13.08.030(A) is applicable.
13.08.040. Exemptions.
A. This Chapter does not apply to:
1. Registered local, state, or federal historical sites;
2. Ecological restoration projects that do not require a permanent irrigation
system;
3. Mined -land reclamation projects that do not require a permanent irrigation
system; or
4. Plant collections, as part of botanical gardens and arboretums open to the
public.
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B. The requirements of this Chapter may be partially or wholly waived, at the
discretion of the City Manager or his /her designee, for landscape rehabilitation
projects that are limited to replacement of plantings with equal or lower water
needs and where any modifications to the irrigation system do not require
ministerial permits and the irrigation system is found to be designed, operable,
and programmed consistent with minimizing water waste in accordance with local
water purveyor(s)' regulations or programs.
13.08.050. Implementation Procedures.
A. A Landscape Documentation Package is required to be submitted to the City for
review and approval prior to the issuance of permits and prior to the start of
construction. Any Landscape Documentation Package submitted to the City
must comply with provisions of this Chapter and the Guidelines.
B. The Landscape Documentation Package must include a certification by a
landscape professional stating that the landscape design plan, soil management
report, irrigation design plan, and water calculations have been prepared by or
under the supervision of the landscape professional and are certified to be in
compliance with the provisions of this Chapter.
1. Landscape and irrigation plans must be submitted to the City for review and
approval with appropriate water use calculations. Water use calculations
must be consistent with calculations contained in the Guidelines.
2. A Certification of Completion is required to verify compliance with the
approved plans and must be obtained in conjunction with a Certificate of Use
and Occupancy or a Permit Final, as provided in the Guidelines.
13.08.060. Landscape Water Use Standards.
A. For applicable new landscape or landscape rehabilitation projects subject to
Section 13.08.030 of this Chapter, the Estimated Applied Water Use allowed
for the landscaped area may not exceed the MAWA calculated using an ET
adjustment factor of 0.7, except for the portion of the MAWA applicable to any
special landscaped areas within the landscape project, which may be calculated
using an ETAF of 1.0. Where the design of the landscaped area can be
otherwise shown to be equivalently water efficient, the applicant may submit
alternative or abbreviated information supporting the demonstration that the
annual EAWU is less than the MAWA, at the discretion of and review and
approval of the City.
B. Irrigation of all landscaped areas must be conducted in a manner conforming to
the rules and requirements, and is subject to penalties and incentives for water
conservation and water waste prevention as determined and implemented by the
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local water purveyor(s) or as mutually agreed by local water purveyor(s) and the
City.
13.08.070. Delegation.
The City may delegate to, or enter into an agreement with, one or more local
agencies to implement, administer, and /or enforce any of the provisions of this Chapter
on behalf of the City.
SECTION 3: Approval of Guidelines The City Council hereby approves the
Guidelines for Implementation of the City of Rosemead Water Efficient Landscape
Ordinance, attached hereto as "Exhibit A" and incorporated herein by reference.
SECTION 4: Environmental Review The City Council 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 the
City, and will not result in cumulative adverse environment impacts. It is therefore
exempt from the provisions of CEQA. The 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 5: Severability If any section, subsection, phrase, or clause of this
Ordinance shall be deemed by a court of competent jurisdiction to be invalid for any
reason, the validity of the remaining sections, subsections, phrases, or clauses of this
Ordinance shall not be affected thereby.
SECTION 6: Effective Date The Mayor shall sign and the City Clerk shall attest
to the passage of this Ordinance. This Ordinance will go into effect thirty (30) days from
its date of adoption.
SECTION 7: Publication The City Clerk is directed to cause this Ordinance to
be published in the manner required by law for summary publication.
PASSED, APPROVED, AND ADOPTED this 12 day of January, 2016, by the
following vote, to wit:
(Signatures on Next Page)
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Margaret Clark, Mayor
City of Rosemead, California
ATTEST:
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Carol Cowley, Interim Cit Clerk
City of Rosemead, California:
APPROVED AS TO FORM
Rachel H. Richman, City Attorney
Burke, Williams & Sorensen, LLP
Certification
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF ROSEMEAD
I, Carol Cowley, City Clerk of the City of Rosemead, California, do hereby
certify that the foregoing Ordinance No. 960 was regularly introduced and placed
upon its first reading at a regularly meeting of the City Council on the 8th of
December, 2015. Thereafter, said Ordinance was duly passed, approved, and
adopted at a regular meeting of the City Council on the 12th day of January, 2016
by the following roll call vote to wit:
AYES:
Alarcon, Armenta, Clark, Low, Ly
NOES:
None
ABSTAIN:
None
ABSENT:
None
J
Ct�
Carol Cowley
Interim City Clerk
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