Ordinance No. 1153'11
ORDINANCE NO. 1153
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CHAPTER 29 OF THE CYPRESS MUNICIPAL CODE
RELATING TO WATER CONSERVATION AND WATER EFFICIENT LANDSCAPING.
WHEREAS, Governor Jerry Brown's Drought Executive Order No. B -29 -15
mandates all local jurisdictions shall adopt a local water conservation ordinance at least
as efficient in conserving water as the State model standards established by the
Department of Water Resources; and,
WHEREAS, it is the policy of the State to promote the conservation and efficient
use of water and to prevent the waste of this valuable resource; and
WHEREAS, current local design practices in new landscapes strive to achieve
the intent of the State Model Efficient Landscape Ordinance water use goals; and
WHEREAS, the City's Water Efficient Landscape Ordinance has been modified
to meet the new requirements established in Governor Brown's Drought Executive
Order (B- 29 -15) and are at least as effective as the State Model.
NOW THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS DOES
HEREBY ORDAIN as follows:
Section 1. Chapter 29 of the Cypress Municipal Code, is hereby amended to
read as follows:
"Chapter 29 — Water Conservation
Article I. Water Efficient Landscape Requirements
Sec. 29 -1. Applicability
(a) Beginning February 1, 2016, and consistent with Executive Order
No. B- 29 -15, - - - -- -•, - - - - - - -- - _
his Water Efficient Landscape Ordinance shall apply to the
following landscape projects:
(1) new landscape projects with an aggregate landscape area
installations or landscape rehabilitation projects by public agencies or
or other water features but excluding hard- scape, equal to or greater than
2,500 500 square feet,
requiring a building or landscape
permit, plan check or design review;
(2) new lan4scape installations or landscape rehabilitatedien
landscape projects with an aggregate landscaped area by developers or
equal to or greater than 2,500 square feet,
requiring a building or landscape permit, plan check or design reviewand
plan, or which otherwise require a ministerial permit for a landscape or
(3) new or rehabilitated landscape ' projects
project landscapcd area, including pools or other water features but
plan, or which otherwise requireisterial permit for a landscape or
with an aggregate landscape area of 2,500 square feet or
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less may comply with the performance requirements of this ordinance or
conform to the prescriptive measures contained in Appendix A;
(4) new or rehabilitated projects using treated or untreated graywater
or rainwater capture on site, any lot or parcels within the project that has
less than 2,500 square feet of landscape area and meets the lot or
parcel's landscape water requirement (Estimate Total Water Use) entirely
with the treated or untreated graywater or though stored rainwater capture
on site is subject only to Appendix D Section (5).
(5) 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
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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.
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.
"Community Aesthetics Evaluation" — While not subject to a permit, plan
check or design review, the Community Aesthetics Evaluation may be
performed to ensure the aesthetic standards of the community and
irrigation efficiency intent is maintained (Refer to Appendix B for checklist).
"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 factor" or "ETAF' is equal to the plant factor divided by the
irrigation efficiency factor for a landscape project, as described in the
Guidelines: The ETAF is calculated in the context of local reference
evapotranspiration, using site - specific plant factors and irrigation efficiency
factors that influence the amount of water that needs to be applied to the
specific landscaped area.
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.
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"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.
this ordinance, is a person who occupies the dwelling he or she owns.
dwellings and which are subject under this ordinance to the requirements
"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
irrigation efficiency for purposes of this Water Efficient Landscape
Ordinance is are 0.745 for overhead spray devices and 0.81 for drip
systems..
"Landscaped area" means all the planting areas, turf areas, and water
features in a landscape design plan subject to the Maximum Applied
Water Allowance and Estimated Applied Water Use calculations. The
landscaped area does not include footprints of buildings or structures,
sidewalks, driveways, parking lots, decks, patios, gravel or stone walks,
other pervious or non - pervious hardscapes, and other non - irrigated areas
designated for non - development (e.g., open spaces and existing native
vegetation).
"Landscape contractor" means a person licensed by the State of California
to construct, maintain, repair, install, or subcontract the development of
landscape systems.
"Landscape Documentation Package" means the documents required to
be provided to the City for review and approval of landscape design
projects, as described in the Guidelines.
"Landscape projecf' 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 he 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
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Maximum Applied Water Allowance. MAWA = (ETo) (0.62) [(ETAF x LA)
+ ((1 -ETAF) x SLA)I
"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
very low water use plants is 0 to 0.1; • - - - - - - - - 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." Plant factors may also be
obtained from horticultural researchers from academic institutions or
professional associations as approved by the California Department of
Water Resources (DWR).
"Recycled water" or "reclaimed water" means treated or recycled waste
water of a quality suitable for non - potable uses such as landscape
irrigation and water features. This water is not intended for human
consumption.
"Reference evapotranspiration" or "ETo" means a standard measurement
of environmental parameters which affect the water use of plants. ETo is
given expressed in inches per day, month, or year as represented in
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, ' -!o;
"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
recreational areas dedicated to active play such as parks, sports fields,
golf courses, and where tun` 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,
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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.
Section 4. Effective Date
This Ordinance shall become effective thirty (30) days after its adoption in
accordance with the provisions of California law.
FIRST READING at a regular meeting of the City Council of said City held on the
25th day of January, 2016, and finally adopted and order posted at a regular meeting held
on the 8th day of February, 2016.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
MAY OF THE CI
F 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 said City Council held
on the 8th day of February, 2016, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Peat, Morales and Yarc
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
(At�,9J1
CITY CLERK OF THE CITY OF CYPRESS
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