Ordinance No. 11130
ORDINANCE NO. 1113
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING A NEW CHAPTER 29 TO THE CYPRESS MUNICIPAL CODE RELATING TO
WATER CONSERVATION AND WATER EFFICIENT LANDSCAPING.
WHEREAS, the Governor of the State of California signed into law Assembly Bill 1881
which amended the Water Conservation in Landscape Act; and
WHEREAS, the legislation requires local cities to update local landscape ordinances
by January 1, 2010, which are "at least as effective" as the model ordinance created by the
California Department of Water Resources ( "DWR "); and
WHEREAS, the Cypress City Council finds the attached ordinance to be "at least as
effective" as the model ordinance created by the DWR; and
WHEREAS, the City of Cypress wishes to adopt the attached ordinance based on the
model ordinance created by the Orange County Division of the League of California Cities
and the Municipal Water District of Orange County to encourage the efficient use of water in
order to optimize the use of the limited water supply.
NOW THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS DOES HEREBY
ORDAIN as follows:
Section 1. There is hereby added to the Cypress Municipal Code, a new Chapter
29, to read, in its entirety, as follows:
"Chapter 29 — Water Conservation
Article I. Water Efficient Landscape Requirements
Sec. 29 -1. Applicability
(a) Beginning January 1, 2010, all planting, irrigation, and landscape - related
improvements required by this Water Efficient Landscape Ordinance shall apply
to the following landscape projects:
(1) new landscape installations or landscape rehabilitation projects by public
agencies or private non - residential developers with a landscaped area,
including pools or other water features but excluding hardscape, equal to or
greater than 2,500 square feet, and which are otherwise subject to a
discretionary approval of a landscape plan, or which otherwise require a
ministerial permit for a landscape or water feature;
(2) new landscape installations or landscape rehabilitation projects by
developers or property managers of single - family and multi - family residential
projects or complexes with a landscaped area, including pools or other water
features but excluding hardscape, equal to or greater than 2,500 square feet,
and which are otherwise subject to a discretionary approval of a landscape
plan, or which otherwise require a ministerial permit for a landscape or water
feature;
(3) new landscape installation projects by individual homeowners on single -
family or multi - family residential lots with a total project landscaped area,
including pools or other water features but excluding hardscape, equal to or
greater than 5,000 square feet, and which are otherwise subject to a
discretionary approval of a landscape plan, or which otherwise require a
ministerial permit for a landscape or water feature;
(4) Sections 2.2, 2.8 and 2.9 of the Guidelines shall apply to new landscape
installations or landscape rehabilitation projects at cemeteries.
(b) Section 3(b) of the Landscape Water Use Standards of this Water
Efficient Landscape Ordinance shall apply to:
(1) all landscaped areas, whether installed prior to or after January 1, 2010;
and
(2) all landscaped areas installed after January 1, 2010 to which Section
1.1(a) is applicable.
(c) This Water Efficient Landscape 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) plant collections, as part of botanical gardens and arboretums open to
the public.
Sec. 29 -2. Implementation Procedures
(a) Prior to installation, a Landscape Documentation Package shall be
submitted to the City for review and approval of all landscape projects subject to
the provisions of this Water Efficient Landscape Ordinance. Any Landscape
Documentation Package submitted to the City shall comply with the provisions
of the Water Efficient Landscape Guidelines.
(b) The Landscape Documentation Package shall include a certification by a
professional appropriately licensed in the State of California stating that the
landscape design and water use calculations have been prepared by or under
the supervision of the licensed professional and are certified to be in
compliance with the provisions of this Water Efficient Landscape Ordinance and
Guidelines.
(1) Landscape and irrigation plans shall be submitted to the City for review
and approval with appropriate water use calculations.
(2) Water use calculations shall be consistent with calculations contained in
the Guidelines and shall be provided to the local water purveyor, as
appropriate, under procedures determined by the City.
(3) Verification of compliance of the landscape installation with the approved
plans shall be obtained through a Certification of Completion in conjunction with
a Certificate of Use and Occupancy or Permit Final process, as provided in the
Guidelines.
Sec. 29 -3. Landscape Water Use Standards
(a) For applicable landscape installation or rehabilitation projects subject to
Section 1.1(a) of this Water Efficient Landscape Ordinance, the Estimated
Applied Water Use allowed for the landscaped area shall not exceed the MAWA
calculated using an ET adjustment factor of 0.7, except for special landscaped
areas where the MAWA is calculated using an ET adjustment factor of 1.0; or
the design of the landscaped area shall otherwise be shown to be equivalently
water - efficient in a manner acceptable to the City; as provided in the
Guidelines.
(b) Irrigation of all landscaped areas shall be conducted in a manner
conforming to the rules and requirements, and shall be subject to penalties and
incentives for water conservation and water waste prevention as determined
and implemented by the local water purveyor or as mutually agreed by local
water purveyor and the local agency.
Sec. 29 -4. Water Efficient Landscape Guidelines
(a) The City shall adopt water efficient landscape guidelines which contain
the provisions necessary to implement the provisions of this ordinance.
-2-
020
Sec. 29 -5. Delegation.
(a) The City may delegate to, or into a contract with, a local agency to
implement, administer, and /or enforce any of the provisions of the Water
Efficient Landscape Ordinance on behalf of the City.
Sec. 29 -6. Definitions
The following definitions are applicable to this [chapter /division /title]:
"Applied water" means the portion of water supplied by the irrigation system to
the landscape.
"Budget -based tiered -rate structure" means tiered or block rates for irrigation
accounts charged by the retail water agency in which the block definition for
each customer is derived from lot size or irrigated area and the
evapotranspiration requirements of landscaping.
"Ecological restoration project' means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
"Estimated Applied Water Use" means the average annual total amount of
water estimated to be necessary to keep plants in a healthy state, calculated as
provided in the Guidelines. It is based on the reference evapotranspiration rate,
the size of the landscape area, plant water use factors, and the relative
irrigation efficiency of the irrigation system.
"ET adjustment facto?' or "ETAF is equal to the plant factor divided by the
irrigation efficiency factor for a landscape project, as described in the
Guidelines. The ETAF is calculated in the context of local reference
evapotranspiration, using site - specific plant factors and irrigation efficiency
factors that influence the amount of water that needs to be applied to the
specific landscaped area.
A combined plant mix with a site -wide average plant factor of 0.5
(indicating a moderate water need) and average irrigation efficiency of 0.71
produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of
water use efficiency generally required by this Water Efficient Landscape
Ordinance and the Guidelines, except that the ETAF for a special landscape
area shall not exceed 1.0.
"Guidelines" refers to the Guidelines for Implementation of the Water Efficient
Landscape Ordinance, as adopted by the City, which describes procedures,
calculations, and requirements for landscape projects subject to this Water
Efficient Landscape Ordinance.
"Hardscapes" means any durable material or feature (pervious and non -
pervious) installed in or around a landscaped area, such as pavements or walls.
Pools and other water features are considered part of the landscaped area and
not considered hardscapes for purposes of this Water Efficient Landscape
Ordinance.
"Homeowner installed landscape" means any landscaping either installed by a
private individual for a single family residence or installed by a licensed
contractor hired by a homeowner. A homeowner, for purposes of this ordinance,
is a person who occupies the dwelling he or she owns. This definition excludes
speculative homes, which are not owner - occupied dwellings and which are
subject under this ordinance to the requirements applicable to developer -
installed residential landscape projects.
"Irrigation efficiency' means the measurement of the amount of water
beneficially used divided by the amount of water applied. Irrigation efficiency is
derived from measurements and estimates of irrigation system characteristics
and management practices. The minimum average irrigation efficiency for
purposes of this Water Efficient Landscape Ordinance is 0.71. Greater irrigation
efficiency can be expected from well designed and maintained systems.
-3
021
"Landscaped area" means all the planting areas, turf areas, and water features
in a landscape design plan subject to the Maximum Applied Water Allowance
and Estimated Applied Water Use calculations. The landscaped area does not
include footprints of buildings or structures, sidewalks, driveways, parking lots,
decks, patios, gravel or stone walks, other pervious or non - pervious
hardscapes, and other non - irrigated areas designated for non - development
(e.g., open spaces and existing native vegetation).
"Landscape contractor" means a person licensed by the State of California to
construct, maintain, repair, install, or subcontract the development of landscape
systems.
"Landscape Documentation Package" means the documents required to be
provided to the City for review and approval of landscape design projects, as
described in the Guidelines.
"Landscape project' means total area of landscape in a project, as provided in
the definition of "landscaped area," meeting the requirements under Section 1.1
of this Water Efficient Landscape Ordinance.
"Local agency' means a city or county, including a charter city or charter
county, that is authorized by the City to implement, administer, and /or enforce
any of the provisions of the Water Efficient Landscape Ordinance on behalf of
the City. The local agency may be responsible for the enforcement or
delegation of enforcement of this Water Efficient Landscape Ordinance
including, but not limited to, design review, plan check, issuance of permits, and
inspection of a landscape project.
"Local water purveyor" means any entity, including a public agency, city, county,
or private water company that provides retail water service.
"Maximum Applied Water Allowance" or "MAWA" means the upper limit of
annual applied water for the established landscaped area as specified in
Section 2.2 of the Guidelines. It is based upon the area's reference
evapotranspiration, the ET Adjustment Factor, and the size of the landscaped
area. The Estimated Applied Water Use shall not exceed the Maximum Applied
Water Allowance.
"Mined -land reclamation projects" means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and
Reclamation Act of 1975.
"New construction" means, for the purposes of this Water Efficient Landscape
Ordinance, a new building with a landscape or other new landscape such as a
park, playground, or greenbelt without an associated building.
"Non- pervious" means any surface or natural material that does not allow for
the passage of water through the material and into the underlying soil.
"Pervious" means any surface or material that allows the passage of water
through the material and into the underlying soil.
"Permit' means an authorizing document issued by local agencies for new
construction or rehabilitated landscape.
"Plant factor" or "plant water use factor" is a factor, when multiplied by ETo, that
estimates the amount of water needed by plants. For purposes of this Water
Efficient Landscape Ordinance, the plant factor range for low water use plants
is 0 to 0.3; the plant factor range for moderate water use plants is 0.4 to 0.6;
and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors
cited in this Water Efficient Landscape Ordinance are derived from the
Department of Water Resources 2000 publication "Water Use Classification of
Landscape Species."
"Recycled water" or "reclaimed water means treated or recycled waste water of
a quality suitable for non - potable uses such as landscape irrigation and water
features. This water is not intended for human consumption.
- 4 -
022
"Reference evapotranspiration" or "ETo" means a standard measurement of
environmental parameters which affect the water use of plants. ETo is given
expressed in inches per day, month, or year as represented in Appendix A of
the Guidelines, and is an estimate of the evapotranspiration of a large field of
four -to seven -inch tall, cool- season grass that is well watered. Reference
evapotranspiration is used as the basis of determining the Maximum Applied
Water Allowances.
"Rehabilitated landscape" means any re- landscaping project that meets the
applicability criteria of Section 1.1(a), where the modified landscape area is
greater than 2,500 square feet, is 50% of the total landscape area, and the
modifications are planned to occur within one year.
"Smart automatic irrigation controller" means an automatic timing device used
to remotely control valves that operate an irrigation system and which
schedules irrigation events using either evapotranspiration (weather- based) or
soil moisture data.
"Special landscape area" means an area of the landscape dedicated solely to
edible plants such as orchards and vegetable gardens, areas irrigated with
recycled water, water features using recycled water, and areas dedicated to
active play such as parks, sports fields, golf courses, and where turf provides a
playing surface.
"Turf' means a ground cover surface of mowed grass. Annual bluegrass,
Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -
season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St.
Augustine grass, Zoysiagrass, and Buffalo grass are warm - season grasses.
"Valve" means a device used to control the flow of water in an irrigation system.
"Water feature" means a design element where open water performs an
aesthetic or recreational function. Water features include ponds, lakes,
waterfalls, fountains, artificial streams, spas, and swimming pools (where water
is artificially supplied). The surface area of water features is included in the high
water use hydrozone of the landscaped area. Constructed wetlands used for
on -site wastewater treatment, habitat protection or storm water best
management practices that are not irrigated and used solely for water treatment
or storm water retention are not water features and, therefore, are not subject to
the water budget calculation."
Section 2. Severability
If any section, subsection, sentence, clause or phrase in this Ordinance is for any
reason held invalid, the validity of the remainder of the Ordinance will not be affected. The
city council hereby declares it would have adopted this Ordinance with each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that one or more
sections, subsections, sentences, clauses, or phrases is declared invalid.
Section 3. Exemption from California Environmental Quality Act.
The City Council hereby determines that this Ordinance is exempt from review under
the California Environmental Quality Act ( "CEQA ") (California Public Resources Code
Section 21000 et seq.), because pursuant to State CEQA Regulation 15307 (14 Cal. Code
Regs., § 15307), this Ordinance is covered by the CEQA Categorical Exemption for actions
taken to assure the maintenance, restoration, enhancement, or protection of a natural
resource where the regulatory process involves procedures for protection of the environment.
The adoption of this Ordinance will result in the enhancement and protection of water
resources in the City, and will not result in cumulative adverse environment impacts. It is
therefore exempt from the provisions of CEQA. The City Council hereby directs the City
Manager or designee to prepare and file a Notice of Exemption as soon as possible following
adoption of this Ordinance.
023
Section 4. Effective Date
This Ordinance shall become effective thirty (30) days after its adoption in accordance
with the provisions of California law.
FIRST READ at a regular meeting of the City Council of said City on the 9th day of
November, 2009 and finally adopted and order posted at a reg FT —eting held on the 14th day of
December, 2009.
MAYOR OF THE CITY CYPRESS
ATTEST:
Ale,h,w-L__ tetcLavorr)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of the said City Council held on the
14th day of December, 2009, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
NO/LA.10-e_ et0-8\toy)
CITY CLERK OF THE CITY OF CYPRESS