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2000 Municipal Code Ordinance 316 - An Ordinance opf the City of RH AMending the Chapter 13.18 Water Efficient Landscape to TItle 13r &re/ Reeeept9 gield INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ' ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 February 16, 2010 Dear Landscape Professional, You are hereby notified that, beginning February 24, 2010, all development projects seeking a discretionary approval from the Planning Commission may be subject to new landscape design standards and permit processing requirements (Water Efficient Landscape Ordinance, RHMC Chapter 13.18). The new requirements, if applicable encourage property owners to consult landscape professionals early in the project approval process. The new regulations apply to home construction projects, including additions, which not only require discretionary approval but also propose new or altered existing landscaped area(s) that aggregately total at least 5,000 square feet. The new landscape design standards that apply to projects meeting the above criteria regulate: water usage based on a Maximum Annual Applied Water Allowance (MAWA), plant types including turf allowances, mulching requirements, and irrigation systems. Regarding landscaping plans, a conceptual landscape plan, clearly identifying the areas of new or existing landscaped areas to be altered is required concurrent with the filing of an application for a discretionary planning permit for an applicable project. A detailed landscaping plan is required before a grading or building permit is issued for the project. Prior to issuance of a grading or building permit, the property owner must provide a monetary deposit to the City for the landscaping work including irrigation. Finally, as part of the project final inspection the preparer of the landscape plan will have to certify in writing to the City that the completed landscape and irrigation work has been performed in accordance with the approved plan and applicable regulations. The enclosed materials contain detailed information which can also be accessed on the City's website, www.Rolling-Hills.org. If you have any questions, please feel free to contact me at City Hall at (310) 377-1521. Thank you for your cooperation. SincefeeTy, Rosemary Lackow, Planning Assistant c; Yolanta Schwartz, Planning Director etre,/ oi Roam., qad INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 LANDSCAPE PLAN REQUIREMENTS FOR RESIDENTIAL PROJECTS (RHMC 13.18 Effective February 24, 2010) PROVISIONS AND STANDARDS 1. Landscape Plans for new or altered landscaping of 5,000 square feet or greater are required to comply with specific standards, if landscaping is part of a development project that is subject to approval by the Planning Commission or City Council. Examples of such projects include: Site Plan Reviews, Variances and Conditional Use Permits. 2. At the direction of the property owner the plan may be prepared by the owner or a landscape professional, unless alteration requires grading or drainage plan (Ca. Business and Professions Code §5641) 3. The plan must include: names of plants (botanical and common), number and sizes of containers, percentage calculation of turf areas; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and any areas of existing landscaping to remain unaltered. 4. The City reserves the right to require modified plans of the landscape to meet the requirements of Ordinance 316. 5. Landscaping of applicable projects must be designed such that water use will not exceed: • 70% of the City's designated evapotranspiration rate (ETo) = 39.7 in. / year. • A water budget (MAWA) calculated for the project (see attached worksheet). 6. Turf and non water -wise plants: • Must comprise less than 40% of the total landscaped area (plantings in a roadway easement are not counted towards 40%). • Turf not permitted to be planted on slopes of 20% (5:1) or greater. • City may approve additional turf areas for outdoor sporting, recreational activities, or another approved function irrigated at 1.0 of the City's (ETo). 7. Mulching requirements: • Non -turf areas must have an average thickness of 3 -inches minimum throughout. • Groundcovers planted from nursery flats must have an average thickness of 1.5 - inches. • Mulch thickness and coverage must be maintained for the life of the planting. 8. Irrigation systems are required to have the following features: • Automatic irrigation controllers, weather based with rain shut-off sensors • Sprinklers with optimum distribution uniformity, spacing, matched precipitation rates per valve and circuit, and setbacks from hard surfaces. • Check valves for each line. PLAN APPROVAL PROCESS 1. Before discretionary permit application and public hearing: • Submit preliminary conceptual Landscape Plan to City with discretionary permit application. The conceptual plan shall clearly identify all proposed new and/or existing landscaping to be altered. 2. Before obtaining grading or building permits: • Submit detailed Landscape Plan to the City along with a "Statement of Compliance" signed by the preparer, certifying that the landscape design complies with Ordinance No. 316 (see attached form) and cost estimate for the landscaping and irrigation. (City Staff with City landscaping consultant will review plan and cost estimate.) • Submit to the City a financial obligation in the amount based on the cost of the landscaping and irrigation plus 15% City administration cost. 3. Following project completion: • Within 90 days of the date the related development project has received an approved final inspection, the plan preparer must inspect installed landscaping and irrigation system included in the approved landscape plan and submit certification (see attached form) to City staff verifying that the installation substantially conforms to the plan. The City may extend the submission requirement for an additional 90 days. • After two years of installation of the landscaping/irrigation staff will inspect it, and if satisfied that it complies with the approved plan and landscaping is in good condition, the City will refund the security deposit minus 15%. ATTACHMENTS: 1. City of Rolling Hills Landscape Water Budget Calculation Worksheet 2. City of Rolling Hills Landscape Plan Statement of Compliance 3. City of Rolling Hills Landscape Installation Certificate of Completion PUBLIC:LANDSCAPING ORDINANCE REQUIREMENT AND FORMS:Ord. 316 Forms:Ord 316 Guidelines Handout 1.doc 02/2010 -2- eery as R4Ma, gab. LANDSCAPE WATER BUDGET CALCULATION WORKSHEET (To be submitted, with Landsca'ie Plan .)er+RHVIC 13.18) This form is to be used to calculate a project's Maximum Annual Applied Water Allowance (MAWA) for all landscaping subject to Ordinance 316, Water Efficient Landscape. Equation: MAWA = (ETo) (0.62) [ETAF x LA + 0.3 x SLA] Where: MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). ETAF = ET Adjustment Factor, 0.7 for new landscaping. LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area (total factor of 1.0). Maximum Applied Water Allowance = gallons per year. Show calculations: PUBLIC:LANDSCAPING ORDINANCE REQUIREMENT AND FORMS.Ord. 316 Forms:Ord 316 Water Calc.doc etre/ Rai, qietd LANDSCAPE PLAN STATEMENT OF COMPLIANCE (To be submitted with Landscape .1'I�r1i pei= R:HMC 13:18) I hereby certify that: (1) I am: (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: ). ❑ The property owner of the subject landscaped site. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s): were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with The City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18). (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address PUBLIC: LANDSCAPING ORDINANCE REQUIREMENT AND FORMS: Ord. 316 Forms: Ord 316 Statement Compliance. doc eiret Roteift, qete, LANDSCAPE .INSTALLATION CERTIFICATE OF COMPLETION (RHMC 13.18) I hereby certify that: (1) I am (check one): 0 A landscape architect or other landscape professional (Lic. Number if applicable: ). 0 The property owner of the subject landscaped site. (2) The landscape project for the property located at (provide street address or parcel number(s): was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with an approved Landscape Plan including Water Budget calculations and complies with the requirements of the City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code. Chapter 13.18) for the purpose of achieving an efficient use of water in the subject landscape. (4) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature Address Telephone E-mail Address PUBLIC: LANDSCAPING ORDINANCE REQUIREMENTS AND FORMS: Ordinance No. 316 Forms:Ord 316 Cert of Completion.doc l�. Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Discretionary review" means review . of a development project by the Planning Commission and/or City Council that requires that the Planning Commission or City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. Ordinance No. 316 - 3 "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to time: MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLA1 MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area Ordinance No. 316 - 4 "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of Ordinance No. 316 5 1-'/2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards maybe granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which Ordinance No. 316 6 require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape. installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior tothe original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Ordinance No. 316 7 Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 25th day of January, 2010. /s/ Thomas Heinsheimer THOMAS HEINSHEIMER, MAYOR Attest: /s/ Heidi Luce HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 - 8 Robin Benezra Studio 6541 Via Lorenzo Rancho Palos Verdes, CA 90275 Mrs. Julie Heinsheimer Blue Door Gardens 803 Deep Valley Drive RHE, Ca. 90274 West Coast Arborists 2200 E. Via Butron St. Anaheim, CA 92806 Peninsula Landscaping 50 Peninsula Center #208 Rolling Hills Estates, CA 90274 Richie-Bray, Inc. 1728 S. Catalina Ave. Redondo Beach, CA 90277 Bennett Enterprises 2588 Belleporte Ave. Harbor City, Ca 90710 Mulligan Landscaping 1313 W. Sepulveda Blvd. Torrance, CA 90501 Mr. Ric Dikzeul Landscape Design 23115 Falena Ave. Torrance, CA 90504 Lifescapes 4930 Campus Dr. Newport Beach, CA 92660 Zone 24 Landscaping 1505 Border Ave.. Torrance, CA 90501 Berrington Design 3840 Via Palomino Palos Verdes Estates, CA 90274 Jacqueline Ignon, ASLA P.O. Box 5008 Torrance, CA 90501 Finley's Tree and Landscape 23022 Crenshaw Blvd. Torrance, CA 90505 Mr. Alan McGregor Landscaping 16332 Bradbury Ln. Huntington Beach, CA 92647 GS Brothers 2215 N. Gaffey St. San Pedro, CA 90731 w eerey 01 Reeeig9 qelid INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 .(310)377-1521 FAX (310) 377-7288 February 16, 2010 Dear Construction Professional, You are hereby notified that, as of February 24, 2010, all development applications seeking discretionary approval from the Planning Commission may be subject to new landscaping design and application processing requirements (Water Efficient Landscape Ordinance, RHMC Chapter 13.18). It is advised that you and your client review the new regulations, and if they apply, consult early with a landscaping professional and incorporate the new requirements into the project. In doing so, your client may avoid a delay in processing an application due to an inadequate submittal. The new regulations cover landscape design standards as well as application processing requirements. They apply to residential construction projects, including additions, that not only require approval from the Planning Commission but also propose new or altered existing landscaped area(s) that aggregately total at least 5,000 square feet. For applicable projects the following are the new processing requirements: 1) The Site Plan submitted for Planning Commission review must identify new or existing landscaped areas proposed to be altered; 2) After public hearing and approval, a detailed landscaping plan must be submitted to the City prior to or concurrent with the submittal of construction plans for a building permit; 3) Prior to issuance of a grading or building permit, the property owner must provide a monetary deposit to the City for the landscaping work including irrigation; 4) Within 90 days after approval of a final construction inspection, the preparer of the landscape plan must certify in writing to the City that the completed landscape work, including irrigation has been performed in accordance with the approved plan and applicable regulations. For detailed information please refer to the enclosed materials. You may also access this information on the City website: www.Rolling-Hills.org. Please feel free to also contact me at C Iall at (310) 377-1521 with questions. Thank you for your cooperation. Sincer Rosemary LaNkow, Planning Assistant c; Yolanta Schwartz, Planning Director Kristen Raig, Rolling Hills Community Association Kit Bagnell, Los Angeles County Building and Safety Steven Widmayer, Willdan Engineering eete, Reeee#19 qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 LANDSCAPE PLAN REQUIREMENTS FOR RESIDENTIAL PROJECTS (RHMC 13.18 Effective February 24, 2010) PROVISIONS AND STANDARDS 1. Landscape Plans for new or altered landscaping of 5,000 square feet or greater are required to comply with specific standards, if landscaping is part of a development project that is subject to approval by the Planning Commission or City Council. Examples of such projects include: Site Plan Reviews, Variances and Conditional Use Permits. 2. At the direction of the property owner the plan may be prepared by the owner or a landscape professional, unless alteration requires grading or drainage plan (Ca. Business and Professions Code §5641) 3. The plan must include: names of plants (botanical and common), number and sizes of containers, percentage calculation of turf areas; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and any areas of existing landscaping to remain unaltered. 4. The City reserves the right to require modified plans of the landscape to meet the requirements of Ordinance 316. 5. Landscaping of applicable projects must be designed such that water use will not exceed: • 70% of the City's designated evapotranspiration rate (ETo) = 39.7 in. / year. • A water budget (MAWA) calculated for the project (see attached worksheet). 6. Turf and non water -wise plants: • Must comprise less than 40% of the total landscaped area (plantings in a roadway easement are not counted towards 40%). • Turf not permitted to be planted on slopes of 20% (5:1) or greater. • City may approve additional turf areas for outdoor sporting, recreational activities, or another approved function irrigated at 1.0 of the City's (ETo). 7. Mulching requirements: • Non -turf areas must have an average thickness of 3 -inches minimum throughout. • Groundcovers planted from nursery flats must have an average thickness of 1.5 - inches. • Mulch thickness and coverage must be maintained for the life of the planting. 8. Irrigation systems are required to have the following features: • Automatic irrigation controllers, weather based with rain shut-off sensors • Sprinklers with optimum distribution uniformity, spacing, matched precipitation rates per valve and circuit, and setbacks from hard surfaces. • Check valves for each line. PLAN APPROVAL PROCESS 1. Before discretionary permit application and public hearing: • Submit preliminary conceptual Landscape Plan to City with discretionary permit application. The conceptual plan shall clearly identify all proposed new and/ or existing landscaping to be altered. 2. Before obtaining grading or building permits: • Submit detailed Landscape Plan to the City along with a "Statement of Compliance" signed by the preparer, certifying that the landscape design complies with Ordinance No. 316 (see attached form) and cost estimate for the landscaping and irrigation. (City Staff with City landscaping consultant will review plan and cost estimate.) • Submit to the City a financial obligation in the amount based on the cost of the landscaping and irrigation plus 15% City administration cost. 3. Following project completion: • Within 90 days of the date the related development project has received an approved final inspection, the plan preparer must inspect installed landscaping and irrigation system included in the approved landscape plan and submit certification (see attached form) to City staff verifying that the installation substantially conforms to the plan. The City may extend the submission requirement for an additional 90 days. • After two years of installation of the landscaping/irrigation staff will inspect it, and if satisfied that it complies with the approved plan and landscaping is in good condition, the City will refund the security deposit minus 15%. ATTACHMENTS: 1. City of Rolling Hills Landscape Water Budget Calculation Worksheet 2. City of Rolling Hills Landscape Plan Statement of Compliance 3. City of Rolling Hills Landscape Installation Certificate of Completion PUBLIC:LANDSCAPING ORDINANCE REQUIREMENT AND FORMS:Ord. 316 Forms:Ord 316 Guidelines Handout 1.doc 02/2010 -2- eee, 'eee9 4'eeed LANDSCAPE WATER BUDGET CALCULATION WORKSHEET (To be submitted with Landsca )e.'Plan er IRIiIVIC 13:18) This form is to be 'used to calculate a project's Maximum Annual Applied Water 'Allowance (MAWA) for all landscaping subject to Ordinance 316, Water Efficient Landscape. Equation: MAWA = (ETo) (0.62) [ETAF x LA + 0.3 x SLA] Where: MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). ETAF = ET Adjustment Factor, 0.7 for new landscaping. LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area (total factor of 1.0). Maximum Applied Water Allowance = gallons per year. Show calculations: PUBLIC: LANDSCAPING ORDINANCE REQUIREMENT AND FORMS:Ord. 316 Forms:Ord 316 Water Calc.doc eere, Rdet:49 qieed LANDSCAPE PLAN STATEMENT OF COMPLIANCE (To he submitted with Landscape Plan per RH11C 13.18) I hereby certify that: (1) I am: (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: ). ❑ The property owner of the subject landscaped site. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s): were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with The City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18). (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address PUBLIC:LANDSCAPINC ORDINANCE REQUIREMENT AND FORMS:Ord. 316 Forms:Ord 316 Statement Compliance.doc eery Rd/4, vieitu LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION (RHMC 13.18) , I hereby certify that: (1) I am (check one): 0 A landscape architect or other landscape professional (Lic. Number if • applicable: ). 0 The property owner of the subject landscaped site. (2) The landscape project for the property located at (provide street address or parcel number(s): was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with an approved Landscape Plan including Water Budget calculations and complies with the requirements of the City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18) for the purpose of achieving an efficient use of water in the subject landscape. (4) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature Address Telephone E-mail Address PUBLIC:LANDSCAPING ORDINANCE REQUIREMENTS AND FORMS:Ordinance No. 316 Forms:Ord 316 Cert of Completion.doc Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Discretionary review" .means review of a development project by the Planning Commission and/or City Council that requires that the Planning Commission or City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. Ordinance No. 316 3 "ETo" means the approximation of water loss expressed in inches per year from a field of 4-to-7-inch-tall.cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts . for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to time: MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLAT MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area Ordinance No. 316 4 "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of Ordinance No. 316 5 1-'/2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which Ordinance No. 316 6 require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Ordinance No. 316 7 Section 5: Notice. The City Clerk shall .certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 25th day of January, 2010. /s/ Thomas Heinsheimer THOMAS HEINSHEIMER, MAYOR Attest: /s/ Heidi Luce HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 8 Mr. Russell Barto, A.I.A. 3 Malaga Cove Plaza Palos Verdes Estates, CA 90274 Mr. Thomas A. Blair Thomas Blair and Associates 2785 Pacific Coast Hwy. # 149 Torrance, CA 90505 Mr. Damon Herring Moule Polyzoides Architects 180 East California Blvd. Pasadena, CA 91105 Mr. Douglas McHattie Bolton Engineering Corporation 25834 Narbonne Avenue, Suite 210 Lomita, CA 90717 Mr. Keith Palmer, AIA Bryant, Palmer, Soto, Inc. 2601 Airport Drive, Suite 310 Torrance, CA 90505 Mr. Franz Lee, AIA Kovac Architects Inc. 2330 Pontius Ave., Ste. 202 Los Angeles, CA 90064 Mr. James Bartz Bartz Design 28820 King Arthur Court Rancho Palos Verdes, CA 90275 Mr. David C. Breiholz Breiholz Qazi Engineering, Inc. 1852 Lomita Boulevard Lomita, CA 90717 Mr. Bill Howe C.W. Howe Construction PO Box 3369 Palos Verdes Peninsula, CA 90274 Mr. Luis De Moraes Envirotechno 27010 Springcreek Road Rancho Palos Verdes, CA 9025 Mr. Don Thursby, A.I.A. 777 Silver Spur Rd., Ste. 232 Rolling Hills Estates, CA 90274 Mr. Gary Wynn Wynn Engineering 27315 Valley Center Road Valley Center, CA 92082 . Edward Carson Beall and Associates 23727 Hawthorne Blvd. Torrance, CA 90505 Mr. Criss Gunderson 2024 Via Pacheco Palos Verdes Estates, CA 90274 Mr. Anthony Inferrera, Architect 1967 Upland Street Rancho Palos Verdes, CA 90275 Mr. Roger North Robinson North Architects 2360 Plaza Del Amo, Suite 200 Torrance, CA 90501 Mr. George Sweeney, Architect 3 Malaga Cove Palos Verdes Estates, CA 90274 Ms. Kristen Raig, Manager RHCA 1 Portuguese Bend Road Rolling Hills, CA 90274 Letters mailed 2/17/2010 Saved as: Public/ Landscaping Ordinance Requirements and Forms / mailing labels and data I C1t olie /en9 JJd/ INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 February 1, 2010 Mr. Simon Eching California Department of Water Resources Water Use Efficiency Branch Post Office Box 942836-0001 Sacramento, California 94236-0001 SUBJECT: City of Rolling Hills Water Efficient Landscape Ordinance Dear Mr. Eching Please find enclosed a copy of the City of Rolling Hills' Water Efficient Landscape Ordinance, including findings. The ordinance was adopted by the City Council on January 25, 2010. Please note that the City of Rolling Hills is a community consisting of single family residential development only. There are no commercial, institutional, office or other uses or zoning districts. Therefore this ordinance pertains only to single family residences and public agencies. If you have any questions, please do not hesitate to call me at 310 377-1521 or email at ys@cityofrh.net Since Fely,, x's, Yolkta Schwartz Planning Director Printed on Recycled Paper ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hilts, California, does hereby ordain as follows: Section t: FINDINGS A. The waters of the State of Califomia are of limited supply and are subject to increasing demands; B. It is the policy of the State of California and the City of Rolling Hills 10 promote the conservation and efficient use of water and to prevent the waste of this valuable resource; C. The City of Rolling Hills is a unique, well -established residential community where development consists exclusively of single-family residential homes on large lots and existing non-residential development in the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating r000mmetdations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serve to advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance clue to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the loot evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles Grunty. c. Under the ordinance, landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscapc, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each linc to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards arc allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. Ordinance No. 316 - 1 - g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance. Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the Califomia Environmental Quality Act (California Public Resources Code §§ 21000, ct seq.. "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore. it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305. as a minor alteration in land use limitations which do not result in any changes in land use or density, and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3- Title 13. Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose.. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose- It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 Definitions "Application rate" means the rate of irrigation (mches/hour or gallons per minute) at which water is applied by an irrigation system. Ordinance No. 316 - 2 - "Automatic irrigation system" means an irrigation system that can he controlled without manual manipulation and which operates on a preset program. "Discretionary review" means review of a development project by the Planning Commission and/or City Council that requires that the Planning Commission ill' City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency. two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting' area having plants grouped according to water need. -/ • •� ' "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a grnundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to lime: MAWA = (ETol (0.62) [0,7 x LA + 0.3 x SLA2 MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). F.to = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. Ordinance No. 316 - 3 - An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped urea, unless an . exception : is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. A. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape arca, except those portions of the landscape arca planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of • 1-14 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated far individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shalt include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the paper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. Ordinance No. 316 - 4 - 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may he granted by the City Manager upon a finding, based on substantial evidence, that thc exceptions will promote equivalent nr greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Six.lion 5641, as may be amended from time to time, drawings for the conceptual design and plaeerncnt of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not ins than two years after landscape installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days oldie date thc construction project has reecived approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance wilt this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is cm file with the City. Section 4; Scvcrability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sente ce, clause, phrase, or Ordinance No. 316 - 5 - portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, inchtding the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6; Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 25a' day ofianuary, 2010. Attest: G HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 - 6 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I ce:tifj, that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January 25, 2010 by the following roll call vote: AYES: Councilmcmbcrs Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices okadha —_ Heidi Luce Deputy City Clerk Ordinance No. 316 - 7 - ORDINANCE NO. 316 , AN ORDINANCE OF THE CITY OF ROLLING HILLS ; AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT • LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hills, California, does hereby ordain as follows: Section 1: FINDINGS A. The waters of the State of California are of limited supply and are subject to increasing demands; B. It is the policy of the State of California and the City of Rolling Hills to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; C. The City of Rolling Hills is a unique, well -established residential community where development consists exclusively of single-family residential homes on large lots and existing non-residential development in the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serve to advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance due to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles County. c. Under the ordinance; landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. Ordinance No. 316 - 1 - � r � g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance. Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3: Title 13, Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. - It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. Ordinance No. 316 - 2 - , "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Discretionary review" means review of a development project by the Planning Commission and/or City Council that requires that the Planning Commission or City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf" means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to time: MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLA1 MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. Ordinance No. 316 - 3 - .110 r An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of 1-%z inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. Ordinance No. 316 - 4 - • • 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or Ordinance No. 316 - 5 - . • portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 25th day of January, 2010. T S HEINSHEIMER, MAYOR Attest: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 - 6 - STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS ° < AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January 25, 2010 by the following roll call vote: AYES: Councilmembers Hill, Lay, Mayor Pro Tem Pernell and Mayor Heinsheimer. NOES: None. ABSENT: Councilmember Black. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce Deputy City Clerk Ordinance No. 316 - 7 - TO: FROM: THRU: SUBJECT: eery Rs114'49 qeeed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 3-D Mtg. Date: 01-25-10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR Ly ANTON DAHLERBRUCH, CITY MANAGER PUBLIC HEARING: ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. DATE: JANUARY 25, 2010 ATTACHMENT: Ordinance No. 316 Instruction Forms RECOMMENDATION It is recommended that the City Council consider the proposed Ordinance No. 316 regarding water efficient landscape and adopt the ordinance. BACKGROUND At the November 29, 2009 meeting, the City Council introduced the attached ordinance Due to recommended substantive changes the City Council reintroduced the Ordinance at their January 11, 2010 meeting. Following discussion, the City Council directed staff to make one minor adjustment to the ordinance and bring it forth for second reading and adoption. The purpose of the proposed ordinance is to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes. lJ Per the City Council's recommendation, the following sentence was deleted from Section 13.18.040 (B)(1) of the Ordinance: • Approved turf parkways or roadways easement shall not be counted toward the 40% turf limitation. CONCLUSION It is recommended that the City Council adopt Ordinance No. 316. ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hills, California, does hereby ordain as follows: Section 1: FINDINGS A. The waters of the State of California are of limited supply and are subject to increasing demands; B. It is the policy of the State of California and the City of Rolling Hills to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; C. The City of Rolling Hills is a unique, well -established residential community where development consists exclusively of single-family residential homes on large lots and existing non-residential development in the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serve to advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance due to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles County. Ordinance No. 316 c. Under the ordinance, landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance. Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3: Title 13, Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Ordinance No. 316 2 0 vt Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020. Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All single family residential development projects subject to discretionary review by the Planning Commission or City Council, with a total new or altered landscape area equal to or greater than 5,000 square feet. 13.18.030 • Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulationand which operates on a preset program. "Discretionary review" means review of a development project by the Planning Commission and/or City Council that requires that the Planning Commission or City •Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. Ordinance No. 316 3 "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two. of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf" means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula, per Section 492.4 of the State of California Model Water Efficient Landscape Ordinance, which may be amended from time to time MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLAT MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area Ordinance No. 316 - 4 "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. An applicant proposing new or altered landscaping,`which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception, is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of Ordinance No. 316 5 el 1-'/2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall. include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that .the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for. the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person, including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which Ordinance No. 316 6 require grading or drainage plans, shall be prepared by a licensed professional as required by California law. B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of .the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Ordinance No. 316 7 Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this day of January 2010. THOMAS HEINSHEIMER, MAYOR Attest: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 8 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS )§§ I certify that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January , 2010 by the following roll call vote: AYES: NOES: ABSENT: . ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce Deputy City Clerk • Ordinance No. 316 9 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ROLLING HILLS LANDSCAPE PLAN REQUIREMENTS FOR RESIDENTIAL PROJECTS (RHMC 13.18 Effective (provide date) Provisions and Standards 1. Landscape Plans for new or altered landscaping of 5,000 square feet or greater are required to comply with specific standards, if landscaping is part of a development project that is subject to approval by the Planning Commission or City Council. Examples of such projects include: Site Plan Reviews, Variances and Conditional Use Permits. 2. At the direction of the property owner the plan may be prepared by .the owner or a landscape professional, unless alteration requires grading or drainage plan (Ca. Business and Professions Code §5641) 3. The plan must include: names of plants (botanical and common), number and sizes of containers, percentage calculation of turf areas; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and any areas of existing landscaping to remain unaltered. 4. The City reserves the right to require modified plans of the landscape to meet the requirements of Ordinance 316. 5. Landscaping of applicable projects must be designed such that water use will not exceed: • 70% of the City's designated evapotranspiration rate (ETo) = 39.7 in. / year. • A water budget (MA WA) calculated for the project (see attached worksheet). 6. Turf and non water -wise plants: • Must comprise less than 40% of the total landscaped area (plantings in a roadway easement are not counted towards 40%). • Are not permitted to be planted on slopes of 20% (5:1) or greater. • City may approve additional turf areas for outdoor sporting, recreational activities, or another approved function irrigated at 1.0 of the City's (ETo). 7. Mulching requirements: • Non -turf areas must have an average thickness of 3 -inches minimum throughout. • Groundcovers planted from nursery flats must have an average thickness of 1.5 - inches. • Mulch thickness and coverage must be maintained for the life of the planting. 8. Irrigation systems are required to have the following features: 1 • Automatic irrigation controllers, weather based with rain shut-off sensors • Sprinklers with optimum distribution uniformity, spacing, matched precipitation rates per valve and circuit, and setbacks from hard surfaces. • Check valves for each line. Plan Approval Process 1. Before obtaining grading or building permits: • Submit Landscape Plan to the City along with a "Statement of Compliance" signed by the preparer, certifying that the landscape design complies with Ord. No. 316 (see attached form) and cost estimate for the landscaping and irrigation. (City Staff with City landscaping consultant will review plan and cost estimate.) • Submit to the City a financial obligation in the amount based on the cost of the landscaping and irrigation plus 15% City administration cost. 2. Following project completion: • Within 90 days of the date the related development project has received an approved final inspection, the plan preparer must inspect installed landscaping and irrigation system included in the approved landscape plan and submit certification (see attached form) to City staff verifying that the installation substantially .conforms to the plan. The City may extend the submission requirement for an additional 90 days. • After two years of installation of the landscaping/irrigation staff will inspect it, an dif satisfied that it complies with the approved plan and landscaping is in good condition, the City will refund the security deposit minus 15%. Attachments: 1. City of Rolling Hills Landscape Water Budget Calculation Worksheet 2. City of Rolling Hills Landscape Plan Statement of Compliance 3. City of Rolling Hills Landscape Installation Certificate of Completion 2 oa CITY OF ROLLING HILLS LANDSCAPE WATER BUDGET CALCULATION WORKSHEET (RHMC 13.1 g.) This form is to be used to calculate a project's Maximum Annual Applied Water Allowance. (MAWA) for all landscaping subject to Ordinance 316, Water Efficient Landscape. Equation:. MAWA = (ETo) (0.62) [ETAF x LA + 0.3 x SLA] Where: MAWA = Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). ETAF = ET Adjustment Factor, 0.7 for new landscaping. LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area (total factor of 1.0). Maximum Applied Water Allowance = gallons per year. Show calculations: CITY OF ROLLING HILLS LANDSCAPE PLAN STATEMENT OF COMPLIANCE (RHMC 13.18.) I hereby certify that: (1) I am: (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: ). ❑ The property owner of the subject landscaped site. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s): were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with The City of. Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18). (4) The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address 'r CITY OF ROLLING HILLS LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION (RHMC 13.18) I hereby certify that: (1) I am (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: ). ❑ The property owner of the subject landscaped site. (2) The landscape project for the property located at (provide street address or parcel number(s): was installed by me or under my supervision. (3) The landscaping for .the identified property has been installed in substantial conformance with an approved Landscape Plan including Water Budget calculations and complies with the requirements of the City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18) for the purpose of achieving an efficient use of water in the subject landscape. (4) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. . Print Name Date Signature Address Telephone E-mail Address TO: FROM: THRU: SUBJECT: eit'el Roeeel" qieed INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-A Mtg. Date: 01-11-10 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL YOLANTA SCHWARTZ, PLANNING DIRECTOR ANTON DAHLERBRUCH, CITY MANAGER PUBLIC HEARING: ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND. SEWERS. DATE: JANUARY 11, 2010 ATTACHMENT: Ordinance No. 316 Draft forms RECOMMENDATION It is recommended that the City Council review the staff report, open the public hearing, introduce the ordinance for first reading and waive full reading. BACKGROUND At the November 23, 2009 City Council meeting, staff introduced an ordinance relating to water efficient landscaping. Members of the City Council questioned several of the proposed provisions and requested that staff clarify them. Staff made changes to clarify the provisions in the California Business and Professions Code relative to who can prepare conceptual landscape plans and who can prepare landscape construction plans. Staff also removed the provisions relating to regulating existing landscaped area of one acre or more. After further investigation, the City Attorney's staff determined that no provision was placed in the state law requiring cities to regulate existing landscaping. However, provisions for existing landscaped areas of one acre or more were included in the State Model Ordinance. The State law supercedes the Model Ordinance requirements. The City Attorney determined that the changes to the proposed ordinance are substantive in nature and require a new introduction and first reading. In 1992, the State of California enacted the Water Conservation in Landscaping Act, (AB 325) requiring the adoption of a water efficient landscape ordinances by cities and counties throughout the state. In 1993, the City of Rolling Hills adopted an ordinance, Section 17.27.020 Water efficient landscaping requirements. This ordinance is applicable to those projects requiring a site plan review and which the Planning Commission or City Council require compliance with the ordinance. Many of the provisions of the existing ordinance are being complied through the site plan review process, and the building code requires water efficient irrigation systems. This ordinance was placed in the Zoning portion (Title 17) of the Municipal Code. 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 and to report their findings to the governor and legislature by December 31, 2005. The report, "Water Smart Landscapes for California: AB 2717 Landscape Task Force Findings, Recommendations, & Actions," contained 43 recommendations to achieve greater landscape water use efficiency. In 2006, Governor Schwarzenegger signed Assembly Bill 1881 (Laird, Water Conservation) amending the Water Conservation in the Landscape Act. The bill required two new things: 1) California Department of Water Resources (DWR) was to update the original Model Water Efficient Landscape Ordinance; and 2) cities and counties are to update their local Landscape Ordinances so that they are "at least as effective as "DWR's updated Model Ordinance. Cities could adopt the DWR model ordinance outright, modify it to meet a city's local needs, or adopt an entirely different ordinance. In September 2009, the DWR adopted a Model Water Efficient Landscape Ordinance and provided it to cities and counties in late October. DISCUSSION In evaluating the requirements of the new State Model Water Efficient Landscape Ordinance (State Model), significant differences between the new requirements and current regulations have been identified. The new requirements include the following: 1. Reduces the irrigated area compliance threshold from one acre to 2,500 square feet for developer -installed projects and public agency projects. (Developer - installed projects refer to large subdivisions). i" 2. Requires homeowner -provided or homeowner -hired projects exceeding 5,000 square feet of irrigated area to comply water conservation standards. 3. Collaboration between cities, counties, and water purveyors is now strongly encouraged in the development and implementation of water efficient landscape ordinances. 4. Local ordinances must now be "at least as effective as" the State Model and documented "on the record." 5. Jurisdictions must now utilize evapo-transpiration based "Maximum Applied Water Allowance" (MAWA) rates of 0.7 instead of 1.0. The use of the new MAWA rate represents a 30% reduction in water allocation for new landscapes. 6. Water purveyors are now required to offer landscape surveys and/or incentive programs targeting landscape irrigation efficiency for new and existing landscapes. Based on these requirements and on the State Model Ordinance, the City Attorney's office prepared a sample ordinance for their clients. City staff used their sample to prepare the enclosed ordinance, which more closely represents conditions and development in the City of Rolling Hills, but yet meets the state requirements. Because of the many changes between the 1993 requirements and the current requirements it is recommended that Section 17.27.027 of the Municipal Code be repealed in its entirety and this new ordinance adopted. It is further recommended that the new ordinance be placed in the Municipal Code in the Water and Sewers Title and not in the Zoning Code. In order to repeal or amend the Zoning Code, at least one public hearing must be held before the Planning Commission and before the City Council. The Planning Commission at the December 15, 2009 meeting adopted resolution recommending that the City Council repeal the Water Efficient Ordinance in Section 17.27.027 of the Zoning Code. The recommendation from the Planning Commission has been placed at tonight's meeting for Council's consideration under a separate agenda item. CONTENT OF THE PROPOSED ORDINANCE The proposed ordinance will be "at least as effective as" the State Model and will contain provisions as follows: 1. Applicable to public development projects for new or altered landscaping area of 2,500 square feet, (i.e. rehabilitate City Hall parcel landscaping areas). 2. Applicable to single family residential projects (by home -owner or home -owner hired landscape designer) for projects requiring discretionary permit (i.e. Site Plan Review, CUP or Variance) where the project includes altered or new landscaping consisting of 5,000 square feet or larger. 3. Comply with the Maximum Annual Applied Water Allowance requirements (MAWA). 4. Incorporate definitions from the Model Ordinance that are applicable to the City. 5. Retain some of the requirements from the existing ordinance. Specifically those pertaining to designing by "hydrozones", utilizing irrigation design which reduces overspray and run-off of water, consideration of slope factors in design and the provision of submitting a deposit in the amount of the cost estimate of the landscaping plus 15%. 6. Require that a "Statement of Compliance" be submitted certifying that the landscape design complies with the mandatory elements of the ordinance. Such certification shall be submitted to staff with a landscaping plan prior to obtaining a grading or building permit. The Planning Commission or the City Council could require such certification prior to approval of the discretionary permit. 7. Require that verification of compliance be submitted 90 days after the project receives final inspection. A 90 -day extension would be allowed with proof of good cause, at the City Manager's or his designee's discretion. 8. Forms and guidelines will be developed for landscape designers and owners to follow. Draft forms area enclosed. In order to implement these requirements as efficiently and cost effectively aspossible for both the City and applicants, a self -certification process will be put in place. FISCAL IMPACT Additional staff time will be required to implement the new provisions. It is projected that 90% of projects that receive discretionary review will be affected by this new State requirement. CONCLUSION The goal with the staff's proposed ordinance is ensure as much simplicity, efficiency, and flexibility as possible, but yet comply with the state requirements. It is recommended that the City Council consider the proposed ordinance for first reading, waive full reading and direct staff to bring forth the ordinance for adoption at its January 25, 2010 meeting. ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hills, California, does hereby ordain.as follows: Section 1: FINDINGS A. The waters .of the State of California are of limited supply and are subject to increasing demands; B. It is the policyof the State of California and the City of Rolling Hills to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; C. The City of Rolling Hills is a unique, well -established residential community. where development consists exclusively of single-family residential homes on large lots and existing non-residential development in, the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the. State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serveto advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance due to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles County. Ordinance No. 316 1 c. Under the ordinance, landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance: Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3: Title 13, Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Ordinance No. 316 2 Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Landscape Plan Design Standards. 13.18.050 Exceptions. 13.18.060 Submittal Requirements. 13.18.070 Determination of Conforming Installation and Compliance Certification. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public agency development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All homeowner -provided or homeowner -hired landscaping projects for single- family residential projects which are subject to discretionary review by the City and propose new or altered landscape area of 5,000 square feet or more; and 13.18.030 Definitions "Application rate" means the rate of irrigation (inches/hour or gallons per minute) at which water is applied by an irrigation system. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Discretionary review" means review of a development project by the Planning Commission and/or City Council that requires that the Planning Commission or City Council ascertain compliance with this Chapter, and that also requires the exercise of judgment, deliberation or decision by the Planning Commission and/or City Council. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. Ordinance No. 316 3 "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using the following formula which may be amended from time to time: MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLAT MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California). LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches, to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as Ordinance No. 316 - 4 - defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Landscape Plan Design Standards. An applicant proposing new or altered landscaping, which is subject to the requirements of this Chapter, shall comply with each of the following in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan Content: 1. Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. 2. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter in accordance . with Section 13.18.050. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional _use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. Approved turf parkways or roadway easements shall not be counted toward the 40% turf limitation. - ' 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities. Approved turf areas may be watered at 1.0 of the referenced evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcover planted from flats, mulch shall be installed to an average thickness of 1-'/2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. Ordinance No. 316 - 5 - 0 D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. 3. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 4. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 5. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 6. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittal Requirements. A. In accordance with California Business and Professions Code Section 5641, as may be amended from time to time, drawings for the conceptual design and placement of tangible objects and landscape features; or plans, drawings and specifications for the selection, placement or use of plants, may be submitted by any person; including licensed landscape architects, licensed landscape contractors or landscape designers. Construction documents, details or specifications for the tangible objects or landscape features, or site alterations which require grading or drainage plans, shall be prepared by a licensed professional as required by California law. Ordinance No. 316 6 B. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. C. The Planning Commission or City Council may require, on a case -by -case basis, that the landscaping plan and statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. D. The project applicant shall submit a financial obligation in the amount of the cost estimate of the implementation of the landscaping plan and irrigation plus fifteen percent, which shall be posted prior to issuance of a grading and building permit. The financial obligation shall be retained with the City for not less than two years after landscape installation. The retained deposit will be released by the City Manager after the City Manager determines that the landscaping was installed pursuant to the landscaping plan as approved, and that such landscaping is properly established and in good condition. 13.18.070 Determination of Conforming Installation and Compliance Verification. A. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The applicant is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. B. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager. The financial obligation described in Section 13.18.160D shall not be returned unless the certification of compliance is on file with the City. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. Ordinance No. 316 - 7 Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this day of January 2010. THOMAS HEINSHEIMER, MAYOR Attest: HEIDI LUCE, DEPUTY CITY CLERK Ordinance No. 316 8 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS ) §§ I certify that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January , 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce Deputy City Clerk Ordinance No. 316 - 9 THIS PAGE INTENTIONALLY LEFT BLANK CITY OF ROLLING HILLS LANDSCAPE PLAN REQUIREMENTS FOR RESIDENTIAL PROJECTS (RHMC 13.18 Effective (provide date) (DRAFT) Provisions and Standards 1. Landscape Plans for new or altered landscaping of 5,000 square feet or greater are required to comply with specific standards, if landscaping is part of a development project that is subject to approval by the Planning Commission or City - Council. Examples of such projects include: Site Plan Reviews, Variances and Conditional Use Permits. 2. At the direction of the property owner the plan may be prepared by the owner or a landscape professional, unless alteration requires grading or drainage plan (Ca. Business and Professions Code §5641) 3. The plan must include: names of plants (botanical and common), number and sizes of containers, percentage calculation of turf areas; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and any areas of existing landscaping to remain unaltered. 4. The City reserves the right to require modified plans of the landscape to meet the requirements of Ordinance 316. 5. Landscaping of applicable projects must be designed such that water use will not exceed: • 70% of the City's designated evapotranspiration rate (ETo) = 39.7 in. / year. • A water budget (MAW A) calculated for the project (see attached worksheet). 6. Turf and non water -wise plants: • Must comprise less than 40% of the total landscaped area (plantings in a roadway easement are not counted towards 40%). • Are not permitted to be planted on slopes of 20% (5:1) or greater. • City may approve additional turf areas for outdoor sporting, recreational activities, or another approved function irrigated at 1.0 of the City's (ETo). 7. Mulching requirements: • Non -turf areas must have an average thickness of 3 -inches minimum throughout. • Groundcovers planted from nursery flats must have an average thickness of 1.5 - inches. • Mulch thickness and coverage must be maintained for the life of the planting. 8. Irrigation systems are required to have the following features: • Automatic irrigation controllers, weather based with rain shut-off sensors • Sprinklers with optimum distribution uniformity, spacing, matched precipitation rates per valve and circuit, and setbacks from hard surfaces. • Check valves for each line. Plan Approval Process 1. Before obtaining grading or building permits: • Submit Landscape Plan to the City along with a "Statement of Compliance" signed by the preparer, certifying that the landscape design complies with Ord. No. 316 (see attached form) and cost estimate for the landscaping and irrigation. (City Staff with City landscaping consultant will review plan and cost estimate.) • Submit to the City a financial obligation in the amount based on the cost of the landscaping and irrigation plus 15% City administration cost. 2. Following project completion: • Within 90 days of the date the related development project has received an approved final inspection, the plan preparer must inspect installed landscaping and irrigation system included in the approved landscape plan and submit certification (see attached form) to City staff verifying that the installation substantially conforms to the plan. The City may extend the submission requirement for an additional 90 days. • After two years of installation of the landscaping/irrigation staff will inspect it, an dif satisfied that it complies with the approved plan and landscaping is in good condition, the City will refund the securitydeposit minus 15%. Attachments: 1. City of Rolling Hills Landscape Water Budget Calculation Worksheet 2. City of Rolling Hills Landscape Plan Statement of Compliance 3. City of Rolling Hills Landscape Installation Certificate of Completion 2 CITY OF ROLLING HILLS LANDSCAPE WATER BUDGET CALCULATION WORKSHEET (RHMC 13.18.) This form is to be used to calculate a project's Maximum Annual Applied Water Allowance (MAWA) for all landscaping subject to Ordinance 316, Water Efficient Landscape. Equation: MAWA = (ETo) (0.62) [ETAF x LA + 0.3 x SLA] Where: MAWA = Maximum Applied Water Allowance (maximum gallons- per; year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). ETAF = ET Adjustment Factor, 0.7 for new landscaping. LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area (total factor of 1.0). Maximum Applied Water Allowance = gallons per year. Show calculations: CITY OF ROLLING HILLS LANDSCAPE PLAN STATEMENT OF COMPLIANCE (RHMC 13J8.) I hereby certify that: (1) I am: (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: ). ❑ The property owner of the subject landscaped site. (2) The landscape design and water use calculations for the property located at (provide street address or parcel number(s): were prepared by me or under my supervision. (3) The landscape design and water use calculations for the identified property comply with The City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18). (4) 'The information I have provided in this Certificate of Landscape Design is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature License Number Address Telephone E-mail Address CITY OF ROLLING HILLS LANDSCAPE INSTALLATION CERTIFICATE OF COMPLETION (RHMC 13.18) I hereby certify that: .. (1) I am (check one): ❑ A landscape architect or other landscape professional (Lic. Number if applicable: . ). ❑ The property owner of the subjectlandscaped site. (2) The landscape project for the property located at (provide street address or parcel number(s): was installed by me or under my supervision. (3) The landscaping for the identified property has been installed in substantial conformance with an approved Landscape Plan including Water Budget calculations and complies with the requirements of the City of Rolling Hills Water Efficient Landscape Ordinance No. 316 (Municipal Code Chapter 13.18) for the purpose of achieving an efficient use of water in the subject landscape. (4) The information I have provided in this Landscape Installation Certificate of Completion is true and correct and is hereby submitted in compliance with the City of Rolling Hills Water Efficient Landscape Ordinance. Print Name Date Signature Address Telephone E-mail Address Palos Verdes Peninsula News 550 Deep Valley Dr. Ste 293B Rolling Hills Estates CA 90274 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years; and I am not a party to or interested in the notice published. 1 am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, - under.the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a 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 31 All in the year 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rolling Hills Estates, California, this 31st day of December 2009 Signature JAN 0 5 2010 City of Roiling Hills By PVPN # 9551 P.V.P. News No. 9551 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE • CITY OF ROLLING HILLS, CALIFORNIA • NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM an Monday, January 11, 2010 in the Council Chambers of City • Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the pur- pose of receiving public input regarding the following proposed ordinance: - . . - ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNIC- IPAL CODE BY ADDING CHAPTER 13.18 WATER EFFI- } CIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. In 2006, the California Legislature passed Assembly Bill • 1881 (Laird, Water Conservation) amending the- Water' • Conservation in the Landscape Act. The bill requires cities and counties to update their local Landscape Ordinances so that they are 'at least as effective as' California. Department of Water Resources (DWR's) updated Model Ordinance, meeting the requirements of AB 1881. The City Council' determines that this ordinance is exempt from review under the Califomia Environmental Quality Act (California Public Resources Code §§ 21000, et seq., 'CEQA') and the regulations promulgated thereunder (14 Califomia Code of Regulations §§ 15000, et seq., the 'CEQA Guidelines') because it enacts regulations that are applicable to new or altered landscape projects subject to project specif- ic discretionary review. Therefore, it can be seen with certain - 1 ty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per sec- • - tion 21065 of CEQA: In addition, this ordinance is an action being taken for enhanced protection of the environment that - does not have the potential to cause significant effects on the environment.- Consequently, it is` categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alter- ation in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a reg- ulatory agency as authorized by Califomia law to assure main- tenance or protection of the environment. . Any person is welcome to, review the proposed.ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. • If you challenge the approval or denial of the proposed ordi- nances in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered -. to the City Council at, or prior to, the public hearing. Published in the Palos Verdes Peninsula News December 31, 2009 Cry opel!»g Jd.•lG INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills will hold a Public Hearing at 7:30 PM on Monday, January 11, 2010 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the purpose of receiving public input regarding the following proposed ordinance: ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. In 2006, the California Legislature passed Assembly Bill 1881 (Laird, Water Conservation) amending the Water Conservation in the Landscape Act. The bill requires cities and counties to update their local Landscape Ordinances so that they are "at least as effective as" California Department of Water Resources (DWR's) updated Model Ordinance, meeting the requirements of AB 1881. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordinances in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Published in the Palos Verdes Peninsula News on Thursday, December 31, 2009. Printed on Recycled Paper Palos Verdes Peninsula News 550 Deep Valley Dr. Ste 293B Rolling Hills Estates CA 90274 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years; and I am not a party to or interested in the notice published. I am the chief legal advertising clerk of the publisher of the PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a 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: November 12 All in the year 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rolling Hills Estates, California, this 12th day of November 2009 Signat(u-.e•� El kiD NOV 13 2009 City of Rolling Hills By PVPN#9510 P.V.P. News No. 9510 NOTICE OF A PUBLIC HEARING BEFORE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS, CALIFORNIA .NOTICE IS HEREBY GIVEN, that the City Council of the City of Rolling Hills,will hold a Public Hearing at 7:30 PM on Monday, November 23, 2009 in the Council Chambers of City Hall, 2 Portuguese Bend Road, Rolling Hills, CA for the pur- pose of receiving public input regarding the following proposed • ordinance: ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNIC- IPAL CODE BY ADDING CHAPTER 13.18. WATER EFFI- CIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. In 2006, the California Legislature passed Assembly Bill 1881 (Laird, Water Conservation) amending the Water Conservation in the Landscape Act. The bill requires cities and counties to update their local Landscape Ordinances so that ;they are "at least as effective as° California Department of 'Water Resources (DWR's) updated Model Ordinance, meeting 'the requirements of AB 1881. ( The City Council determines that this ordinance is exempt j from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California I Code of Regulations §§ 15000, et seq., the "CEQA ' Guidelines') because it enacts regulations that are applicable to new or altered landscape projects subject to project specif- ic discretionary review. Therefore, it can be seen with certain- ty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per sec- tion 21065 of CEQA. In addition, this ordinance is an action being taken for, enhanced protection of the environment that I does not have the potential to cause significant effects on the ` environment. Consequently, it is categorically exempt in I accordance with CEQA Guidelines §§ 15305 as a minor alter- ation in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a reg- ulatory agency as authorized by California law to assure main- tenance or protection of the environment. Any person is welcome to review the proposed ordinance prior to the public hearing at the City Hall Administration Building located at 2 Portuguese Bend Road, Rolling Hills, CA. If you challenge the approval or denial of the proposed ordi- nances in court, you may be limited to raising only those issues you or someone else, raised at the public hearing described in this notice, or in'written correspondence delivered to the City Council at, or prior to, the public hearing. Published in Palos Verdes Peninsula News on November 12, 2009. 6 Palos Verdes Peninsula News 550 Deep Valley Dr. Ste 293B Rolling Hills Estates CA 90274 Proof of Publication (2015.5 C.C.P) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years; and I am not a party to or interested in the notice published. I am the chief legal advertising clerk of the publisher of the . PALOS VERDES PENINSULA NEWS a newspaper of general circulation, printed and published Twice weekly in the City of Rolling Hills Estates County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of February 15, 1977 Case Number C824957, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thercof on the following dates, to -wit: November 12 All in the year 2009 I certify (or declare) under penalty of perjury that the foregoing is true and correct Dated at Rolling Hills Estates, California, this 12th day of November 2009 TZ111 bra NOV 13 2009 City of P0;iing Hills PVPN # 9510 P-V.P. News No. 9510,' .. ,, • .:; NOTICE OF A PUBLIC HEARING BEFORE THE 'CITY COUNCIL OF THE . CITY OF ROLLING HILLS, CALIFORNIA k,.`" ;i f i l 'NOTICE IS HEREBY GIVEN, that the City,Coundl of the; City of Rolling Hills will hold a Public Hearing at 7:30 PM On Monday, November 23, 2009 in the Council Chambers of City„ ;s;y Hall, 2 Portuguese Bend Road, Rolling Hills, CA for.the pur-.€: ;; a„ pose of receiving public input regarding the following proposed ; i,k •,,-.� ordinance: r i- tt; «e ;iF w `". • ORDINANCE NO. 316. AN ORDINANCE OF THE CRY F ROLLING HILLS AMENDING THE ROLLING HILLS MIMIC. ' h=;x- ' IPAL CODE BY -ADDING CHAPTER 13.18 WATER CIENT LANDSCAPE TO TITLE 13, WATER AND.SEWERS.'Y. In 2006, the California Legislature passed 'Asse iBiH^' r 1881 (Laird, Water Conservation) amending tthe Water, Conservation in the Landscape Act. The bill requires cities and , counties to update their.local Landscape Ordinances so that ,they are "at least as effective, a§ California' Department Of ; .r Water Resources (DWR's) updated Model Ordinance, meeting ,1,4 ?t+ :the requirements of AB 1881. ; •, The City Council determines that this ordinance is exemptiwt6 1from 'review under the California' Environmental Quality Act r ( (California Public Resources Code §§ 21000, et seq.,'CEEQA) r;;,t and the regulations promulgated thereunder (14„Califomia',:��� Code of Regulations §§ 15000, et r seq ;'4 the :,..,CEQA!,-,:;1.p,44. Guidelines") because it enacts regulations that are applicable;u r to new or altered landscape projects subject to project specl11 is discretionary review. Therefore, it can be seen with certain-, ' #, ty that there is no possibility that this ordinance will cause a'':_' direct physical change in the environment, and therefore the=, adoption of this ordinance is not considered a project per tion 21065 of CEQA. In addition, this ordinance is an action•.:.'a r being taken for enhanced protection of the environment tfiaf 1,,; does not have the potential to cause significant effects on the`?",f • environment. Consequently, it is categorically.exempt accordance with CEQA Guidelines §§ 15305 as a mina alter-, s; ation in land use limitations which do not result in any changes,•,;z;,,,,t in land use or density; and 15308 as an action taken by a rest -1,,,,, ,4;' ulatory agency as authorized by California law to assure mains;*'. j tenance or protection of the environment:''"'i';;;.4/11.1,-7.-1,4-. Any person is welcome to review the proposed ordinance'•.; = prior to the public hearing at the City Hall Administration ?'ti Building located at 2 Portuguese Bend Road, Rolling Hills, CA' 'n}y • _ , ;r :are. r^L, ���}?i�;�,''x'°' If you challenge the approval or denial of the proposed ordi;.'„« nances in court, you may be limited, to' raising only those., ..4,„ issues youor someone else, raised; at,the public.hearingg• described inthis notice, or in -written correspondence delivered ' to the City Council at, or poor to, the public hearing.,, itli r• t •Publishedin Pales Verdes Peninsula News on November : ,, • '. , a'12� , �{ � .' at'nt!1'°.« }..'r' .`'. }:,�.#,•'--`' • eery Rottea9 gead INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item No.: 5-B Mtg. Date: 11-23-09 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THRU: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: CONSIDERATION OF AN ORDINANCE NO. 316. AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. DATE: NOVEMBER 23, 2009 ATTACHMENT: Draft Ordinance No. 316 RECOMMENDATION It is recommended that the City Council review the staff report, open the public hearing, introduce the ordinance for first reading and waive full reading. BACKGROUND In 1992, the State of California enacted the Water Conservation in Landscaping Act, (AB 325) requiring the adoption of a water efficient landscape ordinances by cities and counties throughout the state. In 1993, the City of Rolling Hills adopted an ordinance, Section 17.27.020 Water efficient landscaping requirements. This ordinance is applicable to those projects requiring a site plan review and which the Planning Commission or City Council requires compliance with the ordinance. Many of the provisions of the existing ordinance are being complied through the site plan review process, and the building code requires water efficient irrigation systems. This ordinance was placed in the Zoning portion (Title 17) of the Municipal Code. In 2004, the legislature passed Assembly Bill 2717 establishing a stakeholder -based Landscape Taskforce charged with formul. » g recommendations to improve irrigation efficiency in new and existing landscapes and to report their findings to the governor and legislature by December 31, 2005. The report, "Water Smart Landscapes for California: AB 2717 Landscape Task Force Findings, Recommendations, & Actions," contained 43 recommendations to achieve greater landscape water use efficiency. In 2006, Governor Schwarzenegger signed Assembly Bill 1881 (Laird, Water Conservation) amending the Water Conservation in the Landscape Act. The bill required two new things: 1) California Department of Water Resources (DWR) was to update the original Model Water Efficient Landscape Ordinance; and 2) cities and counties are to update their local Landscape Ordinances so that they are "at least as effective as "DWR's updated Model Ordinance. Cities could adopt the DWR model ordinance outright, modify it to meet a city's local needs, or adopt an entirely different ordinance. In September 2009, the DWR adopted a Model Water Efficient Landscape Ordinance and provided it to cities and counties in late October. DISCUSSION In evaluating the requirements of the new state Model Water Efficient Landscape Ordinance (State Model), significant differences between the new requirements and current regulations have been identified: The new requirements include the following: 1. Reduces the irrigated area compliance threshold from one acre to 2,500 square feet for developer -installed projects and public agency projects. (Developer - installed projects refer to large subdivisions). 2. Requires homeowner -provided or homeowner -hired projects exceeding 5,000 square feet of irrigated area to comply water conservation standards. 3. Collaboration between cities, counties, and water purveyors is now strongly encouraged in the development and implementation of water efficient landscape ordinances. 4. Local ordinances must now be "at least as effective as" the State Model and documented "on the record." 5. Jurisdictions must now utilize evapo-transpiration based "Maximum Applied Water Allowance" (MAWA) rates of 0.7 instead of 1.0. The use of the new MAWA rate represents a 30% reduction in water allocation for new landscapes. 6. Water purveyors are now required to offer landscape surveys and/or incentive programs targeting landscape irrigation efficiency for new and existing landscapes. 7. Local jurisdictions must now regulate large (one acre or more) existing landscapes for water waste. 8. A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in the State Model Ordinance. Based on these requirements and on the State Model Ordinance, the City Attorney's office prepared a sample ordinance for their clients. City staff used their sample to prepare the enclosed ordinance, which more closely represents conditions and development in the City of Rolling Hills, but yet meets the state requirements. Because of the many changes between the 1993 requirements and the current requirements it is recommended that Section 17.27.027 of the Municipal Code be repealed in its entirety and this new ordinance adopted. It is further recommended that the new ordinance be placed in the Municipal Code in the Water and Sewers Title and not in the Zoning Code. In order to repeal or amend the Zoning Code, at least one public hearing must be held before the Planning Commission and before the City Council. Staff will prepare a resolution for the December 15 Planning Commission meeting for the Commission to make a recommendation to the City Council to repeal the Water Efficient Ordinance, Section 17.27.027 of the Municipal Code. The recommendation from the Planning Commission will be placed on the City Council's agenda as an ordinance on January 11, 2010. CONTENT OF THE PROPOSED ORDINANCE The proposed ordinance will be "at least as effective as" the State Model and will contain provisions as follows: 1. Applicable to public development projects for new or altered landscaping area of 2,500 square feet. 2. Applicable to single family residential projects (by homeowner or home -owner hired landscape designer) for projects requiring discretionary permit (i.e. Site Plan Review, CUP or Variance) where the project includes altered or new landscaping consisting of 5,000 square feet or larger. 3. Applicable to new or altered landscaping of one acre or more. 4. Comply with the Maximum Annual -Applied Water Allowance requirements (MAWA). 5. Incorporate definitions from the Model Ordinance that are applicable to the City. 6. Retain some of the requirements from the existing ordinance will remain. Specifically those pertaining to designing by "hydrozones", utilizing irrigation design which reduces overspray and run-off of water, consideration of slope factors in design and the provision of submitting a bond in the amount of the cost estimate of the landscaping plus 15%. 7. Require that a "Statement of Compliance" be submitted certifying that the landscape design complies with the mandatory elements of the ordinance. Such certification shall be submitted to staff with a landscaping plan prior to obtaining a grading or building permit. The Planning Commission or the City Council could require such certification prior to approval of the discretionary permit. 8. Require that verification of compliance be submitted 90 days after the project receives final inspection. A 90 -day extension would be allowed with proof of good cause, at the City Managers or his designee's discretion. 9. Forms and guidelines will be developed for landscape designers and owners to follow. In order to implement these requirements as efficiently and cost effectively as possible for both the City and applicants, staff will be creating and utilizing a self -certification process. The self -certification includes two steps. First, the landscape designer will sign a Statement of Compliance, which includes their license number and/or professional stamp, stating that the landscape design is in conformance with the city ordinance and guidelines. A permit for the discretionary project will not be issued unless the statement is in order and required plans submitted. Second, once construction of the landscape is complete, the installation contractor or designer will be required to submit a singed Verification of Landscape Compliance within 90 -days of issuance of a final inspection for the project, stating that the installation is complete and is in substantial conformance with the original plan. Once the Verification of Compliance is accepted by the city, the permit will be completed. FISCAL IMPACT Additional staff time will be required to implement the new provisions. It is projected that 90% of projects that receive discretionary review will be affected by this new State requirement. CONCLUSION The goal with the staff's proposed ordinance is ensure as much simplicity, efficiency, and flexibility as possible, but yet comply with the state requirements. It is recommended that the City Council consider the proposed ordinance for first reading, waive full reading and direct staff to bring forth the ordinance for adoption at its January 11, 2010 meeting. ORDINANCE NO. 316 AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. The City Council of the City of Rolling Hills, California, does hereby ordain as follows: Section 1: FINDINGS A. The waters of the State of California are of limited supply and are subject to increasing demands; B. It is the policy of the State of California and the City of Rolling Hills to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; C. The City of Rolling Hills is a unique, well -established residential community where development consists exclusively of single-family residential homes on large lots and existing non-residential development in the community consists of City administration, fire, school and school maintenance facilities; D. In 2004, the State of California enacted Assembly Bill 2717 establishing a stakeholder based Landscape Taskforce charged with formulating recommendations to improve irrigation efficiency in new and existing landscaping; E. In 2006 the Governor signed Assembly Bill 1881 requiring cities and counties to implement the Taskforce's recommendation; F. The water efficient landscaping standards adopted herein serve to advance the foregoing goals, advance the goal of conserving water and further public health, safety and welfare; G. The City's water efficient landscape ordinance is at least as effective in conserving water as the California Department of Water Resource's updated Model Water Efficient Landscape Ordinance due to the following: a. The ordinance is applicable to all new or altered development subject to discretionary review by the City. b. Under the ordinance, landscaping shall be designed and irrigated so not to exceed 70% of the local evapotranspiration rate (ETo) established by the State for the City of Long Beach and surrounding areas of Los Angeles County. DRAFT Ordinance No. 316 0 c. Under the ordinance, landscape areas for residential and institutional type projects shall be designed with less than 40% turf and non -water wise plant materials. d. Under the ordinance, automatic irrigation systems are required and shall be designed to avoid overspray and runoff with optimum distribution uniformity and setbacks from hardscape, and shall employ a weather -based irrigation controller with a rain shut off sensor and check values at the end of each line to hold water in the system, preventing unwanted drainage from sprinkler heads. e. Exceptions to the ordinance standards are allowed only upon a finding that alternative design will promote equivalent or greater water conservation. f. Under the ordinance, installation and compliance verifications are required from a landscape designer. g. Under the ordinance, the maximum annual applied water allowance calculation matches the California Department of Water Resource's formula in its Model Water Efficient Landscape Ordinance. h. Under the ordinance, the identification of water wise plants matches that used by the California Department of Water Resource's in its Model Water Efficient Landscape Ordinance. Section 2: CEQA. The City Council determines that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the "CEQA Guidelines") because it enacts regulations that are applicable to new or altered landscape projects subject to project specific discretionary review. Therefore, it can be seen with certainty that there is no possibility that this ordinance will cause a direct physical change in the environment, and therefore the adoption of this ordinance is not considered a project per section 21065 of CEQA. In addition, this ordinance is an action being taken for enhanced protection of the environment that does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt in accordance with CEQA Guidelines §§ 15305 as a minor alteration in land use limitations which do not result in any changes in land use or density; and 15308 as an action taken by a regulatory agency as authorized by California law to assure maintenance or protection of the environment. Section 3: Title 13, Chapter 13.18 of the Rolling Hills Municipal Code, commencing with Section 13.18.010 is hereby added to read as follows: Chapter 13.18 WATER EFFICIENT LANDSCAPE Sections: DRAFT Ordinance No. 316 (OP 13.18.010 Purpose. 13.18.020 Applicability. 13.18.030 Definitions. 13.18.040 Compliance Requirements. 13.18.050 Exceptions. 13.18.060 Submittals. 13.18.070 Determination of Conforming Installation/Compliance Certification. 13.18.080 Existing Landscapes. 13.18.010 Purpose. It is the policy of the City of Rolling Hills to promote water conservation. The landscape water conservation standards detailed in this Chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost- effective water efficient landscapes. 13.18.020 Applicability. This Chapter applies to: A. All public development projects which are subject to discretionary review by the City and propose new or altered landscape area of 2,500 square feet or more; and B. All homeowner -provided or homeowner -hired landscaping projects for single- family residential projects which are subject to discretionary review by the City and propose new or altered landscape area of 5,000 square feet or more; and C. All existing landscapes installed before January 1, 2010 that are over 1 contiguous acre in size and as regulated by this Chapter. 13.18.030 Definitions "Application rate" means the rate of irrigation .(inches/hour or gallons per minute) at which water is applied by an irrigation system. "Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a preset program. "Evapotranspiration" or "ET" means the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time. "ETo" means the approximation of water loss expressed in inches per year from a field of 4 -to -7 -inch -tall cool season grass that is not water stressed. "ET Adjustment Factor" means a factor used to set an efficiency goal, that when applied to ETo adjusts for plant factor and irrigation efficiency, two of the major influences upon the amount of water that needs to be applied to a landscape. "Hydrozone" means a portion of the planting area having plants grouped according to water need. DRAFT Ordinance No. 316 "Irrigation system" means a complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. "Landscape Area" means all areas where new or altered landscaping is proposed as part of a new development proposal. "Landscape Plan" means design plans with a planting plan and irrigation plan, and plans with supporting detail sheets to include notes and/or specifications. "New Development" means a new building on a vacant site, an addition to an existing building on a site, a new building on a developed site, or a change in land use type that requires a discretionary permit from the City. "Plant Factor" means a factor that when multiplied by the ETo, estimates the amount of water used by a given plant species. "Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e., fountains, ponds, lakes) and natural areas. "Special Landscape Area (SLA)" means park and recreational areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ET adjustment factor not to exceed 1.0. "Turf' means a groundcover surface of mowed grass with an irrigation water need of greater than 30% of the ETo. "Water Budget Calculation" means the Maximum Annual Applied Water Allowance, which shall be calculated using this formula: MAWA = (ETo) (0.62) [0.7 x LA + 0.3 x SLA1 MAWA= Maximum Applied Water Allowance (maximum gallons per year available for the project). Eto = Reference Evapotranspiration (39.7 inches per year for the City of Rolling Hills). 0.7 = ET Adjustment Factor (as designated by the state of California).. LA = Landscape Area (square feet, including SLA) 0.62 = Conversion Factor (inches to gallons) SLA = Special Landscape Area (square feet) 0.3 = The additional ET Adjustment Factor for the Special Landscape Area "Water Wise Plants" means those plants that are evaluated as needing "moderate" (40- 60% of ETo), "low" (10-30% of ETo) and "very low" (< 10% of ETo) amounts of water as defined and listed by Water Use Classifications of Landscape Species (WUCOLS) available from the State of California Department of Water Resources. Other sources of water wise plant classifications may be used if approved by the City Manager. "Weather Based Irrigation Controller" means ari irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather. 13.18.040 Compliance Requirements. DRAFT Ordinance No. 316 Applicants for New Development, subject to discretionary review, proposing new or altered landscaping shall comply with each of the following requirements in the design, installation, and maintenance of the landscaped area, unless an exception is granted pursuant to Section 13.18.050. A. Landscape Plan: Applicants shall submit a Landscape Plan depicting the landscaped area and all existing landscaping to remain on the lot. Landscaping shall be designed to be irrigated at no more than 0.7 of the reference evapotranspiration (ETo) and shall not exceed the MAWA. The City reserves the right to modify plans in quantity and quality of the landscape to meet the requirements of this Chapter. B. Use of Turf and Water Wise Plants: 1. The landscape area of single family residential and institutional use projects shall be designed with no more than 40% of the landscaped area in turf or plants that are not water wise plants. Approved turf parkways or roadway easements shall not be counted toward the 40% turf limitation. 2. Turf shall not be used on slopes of 20% (5:1) or greater within the landscape area. 3. Additional turf areas may be approved by the City for areas designed and used for outdoor sporting and recreational activities, or for an approved functional use. Approved turf areas may be watered at 1.0 of the reference evapotranspiration (ETo). C. Mulch: The landscape area, except those portions of the landscape area planted in turf, shall be covered with mulch material to an average thickness of at least 3 inches throughout. In areas with groundcovers planted from flats, mulch shall be installed to an average thickness of 1-'/2 inches. Additional mulch material shall be added from time to time as necessary in order to maintain the required depth of mulch. D. Irrigation: All new or altered irrigation systems proposed as part of a new development shall incorporate the following requirements in their design, installation and maintenance: 1. Irrigation systems shall be designed and installed to avoid overspray and runoff. Valves shall be separated for individual hydrozones based on plant water needs and sun or shade requirements. 2. Water Budget Calculations (Section 13.18.030.J. above) shall be shown on Irrigation Plans. 3. An automatic irrigation system is required and shall include a weather -based irrigation controller, including a rain shut-off sensor. DRAFT Ordinance No. 316 4. Areas less than eight feet wide shall be irrigated with appropriately selected equipment that provides the proper amount of water coverage without causing overspray onto adjacent surfaces. 5. All sprinklers shall have matched precipitation rates within each valve and circuit. All irrigation systems shall be designed to include optimum distribution uniformity, head to head spacing, and setbacks from walkways and pavement. 6. All irrigation systems shall provide check valves at the low end of irrigation lines to prevent unwanted draining of irrigation lines. 7. Pressure regulators may be required on the irrigation system as determined by the Building and Safety Department. 13.18.050 Exceptions. Exceptions to these landscape water conservation standards may be granted by the City Manager upon a finding, based on substantial evidence, that the exceptions will promote equivalent or greater water conservation than is provided for in these standards. Requests for exceptions shall be in writing and shall be submitted to the City Manager at the time the application is submitted to the City for review. Requests for exceptions must be accompanied by documentary evidence supporting the finding of equivalent or greater water conservation. 13.18.060 Submittals. A. Applicants shall provide all relevant information on the landscape plan including botanical names for plants and turf species; container sizes; percentage calculations of allowable areas of turf; low, medium or high water use plants and water -wise plants; water budget calculations; monthly irrigation schedule; and specific requests for any exceptions to the requirements of this Chapter. Areas of existing landscaping to remain unaltered shall be indicated on the landscape plan. B. The landscape plan shall be prepared in accordance with the provisions of the California Business and Professions Code relating to the practice of landscape architecture (Business and Professional Code Section 5641 et seq.). C. The landscape plan shall include a "Statement of Compliance" in a form approved by the City Manager certifying that the landscape design complies with the mandatory elements of this Chapter. The Statement of Compliance shall be signed by the person who prepared the landscape plan and shall be submitted to the City prior or concurrent with submitting final development plans to the Building and Safety Department. The Planning Commission or City Council may require, on a case -by -case basis, that the statement of compliance be submitted concurrently with the development application or prior to rendering a decision for the development. DRAFT Ordinance No. 316 13.18.070 Determination of Conforming Installation/Compliance Verification. The person who prepared the landscape plan shall inspect the installation of the landscaping and any irrigation system included in the plan and shall certify in writing to the City Manager that the installation substantially conforms to the approved landscape plan. Certification shall be submitted within 90 days of the date the construction project has received approval of a final inspection from the Building and Safety Department. The person is eligible for a one-time extension in submitting the certification up to 90 days, based on findings of good cause provided the application requesting an extension is filed prior to the original 90 -day deadline. Verification of compliance with this Chapter, as applicable, shall be made by the City Manager in accordance with the following requirement: A. No building permit shall be issued unless the statement of compliance required by Section 13.18.060.C. above has been included on the final landscape plan. 13.18.080 Existing Landscapes. The following provisions apply to all existing landscapes referenced in Section 13.18.020.0 of this Chapter: A. For landscapes served by a single water meter, the City may require the following, including but not limited to; irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and to provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (.8) (ETo) (LA) (0.62). All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. B. For landscapes that do not have a meter, the City may require the following, including but not limited to: irrigation surveys and irrigation audits to evaluate water use, and to provide recommendations as necessary to prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Section 4: Severability. If any section, subsection, subdivision, sentence, clause, phrase, 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 decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections subsections, subdivisions, sentences, clauses, phrases, or portion thereof be declared invalid or unconstitutional. Section 5: Notice. The City Clerk shall certify as to the adoption of this ordinance and post a certified copy of this ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993. DRAFT Ordinance No. 316 C19 Section 6: Effective date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption. PASSED, APPROVED, AND ADOPTED this day of January, 2010. THOMAS F. HEINSHEIMER, MAYOR Attest: HEIDI LUCE, DEPUTY CITY CLERK DRAFT Ordinance No. 316 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS )§§ I certify that the foregoing Ordinance No. 316 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AMENDING THE ROLLING HILLS MUNICIPAL CODE BY ADDING CHAPTER 13.18 WATER EFFICIENT LANDSCAPE TO TITLE 13, WATER AND SEWERS. was approved and adopted at a regular meeting of the City Council on January , 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices Heidi Luce Deputy City Clerk DRAFT Ordinance No. 316