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HomeMy WebLinkAboutOrdinance - 2538 - Repeal Chapter 16.70ORDINANCE NO. 2538 AN ORDINANCE OF THE CITY OF REDDING REPEALING CHAPTER 16.70 (WATER EFFICIENT LANDSCAPE) OF TITLE 16 (BUILDINGS AND CONSTRUCTION) OF THE REDDING MUNICIPAL CODE AND RESTATING CHAPTER 16.70 (WATER EFFICIENT LANDSCAPE) OF THE REDDING MUNICIPAL CODE, ALL RELATING TO WATER EFFICIENT LANDSCAPE THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS: Section 1. Title 16 (Buildings and Construction), Chapter 16.70 (Water Efficient Landscape), Sections 16.70.010 through 16.70.180 are hereby repealed. Section 2. Title 16 Buildings and Construction), Chapter 16.70 (Water Efficient Landscape), Sections 16.70.010 through 16.70.080 are added to read as follows: Chapter 16.70 - WATER EFFICIENT LANDSCAPE 16.70.010 - Purpose. This chapter is intended to comply with and implement the provisions of the California Model Water Efficient Landscape Ordinance, hereinafter referred to as MWELO, as may be amended from time to time. The specific purposes of the MWELO and these regulations are to: A. Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water; B. Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated project s by encouraging the use of a watershed approach that requires cross -sector collaboration of industry, government and property owners to achieve the many benefits possible; C. Establish provisions for water management practices and water waste prevention for existing landscapes; D. Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount; E. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; F. Encourage local agencies and water purveyors to use economic incentives that promote Q the efficient use of water, such as implementing a tiered -rate structure; and W oQ Page 1 G. Encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. 16.70.020 — MWELO Provisions Adopted. In addition to the requirements of this Chapter, the following Sections of the state MWELO (California Code of Regulations, Title 23, Division 2.7) are hereby adopted and incorporated by reference, a copy of which is on file and open for inspection in the City of Redding permit center. §491. Definitions. §492. Provisions for New Construction or Rehabilitated Landscapes. §492.4. Water Efficient Landscape Worksheet. §492.5. Soil Management Report. §492.6. Landscape Design Plan. §492.7. Irrigation Design Plan. §492.8. Grading Design Plan. §492.10. Irrigation Design Plan. §492.11. Landscape and Irrigation Maintenance Schedule. §492.13. Irrigation Efficiency. §492.14. Recycled Water. §492.15. Graywater Systems. §492.16. Stormwater Management and Rainwater Retention §492.18. Environmental Review. §494. Effective Precipitation. §495. Reporting. Appendix A — Reference Evapotranspiration (ETO) Table. Appendix B — Sample Water Efficient Landscape Worksheet. Appendix C — Sample Certificate of Completion. Appendix D — Prescriptive Compliance Option. 16.70.030 - Applicability. After December 1, 2015, and consistent with Executive Order No. B-29-15, this ordinance shall apply to all of the following landscape projects: A. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; B. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; C. Existing landscapes limited to Section 16.70.060.b; Page 2 D. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, and 492.11 of the MWELO and 16.70.060.a of this Chapter; and existing cemeteries are limited to Sections 16.70.060.b and 16.70.070 of this Chapter; E. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D of the MWELO; F. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D Section (5) of the MWELO; G. This ordinance does not apply to: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined -land reclamation projects that do not require a permanent irrigation system; or 4. Existing plant collections, as part of botanical gardens and arboretums open to the public. 16.70.040 - Landscape Documentation Package Review and Approval Required. A. A complete Landscape Documentation Package must be submitted and found to satisfy the requirements of this chapter prior to authorization for water service and the installation of a new water meter or a change in water service. The application shall include an application fee as may be required by resolution of the City Council. The Landscape Documentation Package shall include the following six (6) elements: 1. Project information; a) Date. b) Project applicant. c) Project address (if available, parcel and/or lot number(s). d) Total landscape area (square feet). e) Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed). f) Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well. g) Checklist of all documents in Landscape Documentation Package. h) Project contacts to include contact information for the project applicant and property owner. Page 3 i) Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package." 2. Water Efficient Landscape Worksheet; a) Hydrozone information table. b) Water budget calculations; 1) Maximum Applied Water Allowance (MAWA). 2) Estimated Total Water Use (ETWU). 3. Soil Management Report; 4. Landscape Design Plan; 5. Irrigation Design Plan; and 6. Grading Design Plan. B. Upon approval of the landscape documentation package, the project applicant shall: 1. Receive a building permit and record the date of the permit on the certificate of completion. 2. Provide a copy of the approved landscape documentation package to the property owner or site manager. 3. Submit a copy of the water efficient landscape worksheet to the City. C. In the event that a water -supply emergency is declared by a water purveyor, these landscape requirements shall be deferred for those projects served within the impacted area until such time as the water -supply emergency has been lifted. 16.70.050 - Certificate of Completion. A. Upon completion of the installation of landscape and irrigation systems in compliance with the approved landscape design plan, a certificate of completion shall be submitted to the city for review and to the owner of record. The city shall review the certificate of completion and shall approve or deny the certificate. If the certificate of completion is denied, the city shall provide information to the project applicant regarding reapplication, appeal, or other assistance. The certificate of completion shall include the following six (6) elements: 1. Project information sheet that contains: a) Date; b) Project name; c) Project applicant name, telephone, and mailing address; Page 4 d) Project address and location; and e) Property owner name, telephone, and mailing address. 2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; a) Where there have been significant changes made in the field during construction, these "as -built" or record drawings shall be included with the certification; b) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes. 3. Irrigation scheduling parameters used to set the controller (see Section 492.10 of the MWELO); 4. Landscape and irrigation maintenance schedule (see Section 492.11 of the MWELO); 5. Irrigation audit report (see Section 492.12 of the MWELO); and 6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.5 of the MWELO). B. The project applicant shall: 1. Submit the signed certificate of completion to the City for review; 2. Ensure that copies of the approved certificate of completion are submitted to the local water agency and property owner or his or her designee. C. The City of Redding will approve or deny the certificate of completion. If the certificate of completion is denied, the City will provide information to the project applicant regarding reapplication, appeal, or other assistance. 16.70.060 - Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.. All landscape irrigation audits required by the MWELO shall be conducted by a third party certified landscape irrigation auditor and shall not be conducted by the person who designed or installed the landscape. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy the auditing requirement. A. For new construction and rehabilitated landscape projects installed after December 1, 2015, the project applicant shall submit an irrigation audit report with the certificate of completion to the City that may include, but is not limited to: inspection, system tune-up, Page 5 system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming. The City or appropriate water district will administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. B. The following shall apply to all existing landscapes that were installed before December 1, 2015, and are over one acre in size. 1. For landscapes that have a water meter, the City or appropriate water district will administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and 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 = (0.8) (ETo) (LA) (0.62). 2. For landscapes that do not have a meter, the City or appropriate water district will administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. 16.70.070 — Water Waste Prevention/Penalties. A. The City will prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. The City may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law. B. Restrictions regarding overspray and runoff may be modified if: 1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. The adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping. 16.70.080 — Public Education. The City will provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget. Page 6 A. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. The signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems. Information shall also be provided about designing, installing, managing, and maintaining water efficient landscapes. Section 3. The passage of this ordinance is not a "project" according to the definition in the California Environmental Quality Act, and therefore is not subject to the provisions requiring environmental review. Section 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision will remain in effect to the extent permitted by law. Section 5. This ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council at a regular meeting on the 17th day of November, 2015; and was duly read and adopted at a regular meeting on the 1st day of December, 2015, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: PAMELA MIZE, Ci Jerk Cadd, Schreder, Sullivan, Weaver, & McArthur None None /1 MISSY McARTHUR, Mayor APPROVED AS TO FORM: "/,, �0. �00 BARRY E. DeWAL , Cifity Attorney Page 7