HomeMy WebLinkAbout520 •
ORDINANCE NO. 520
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS PURSUANT TO THE
CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT
WHEREAS, a reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of the Town of Los Altos Hills ("Town").
WHEREAS, the California Water Conservation in Landscaping Act, also known as the
State Landscape Model Ordinance ("Model Ordinance") was amended pursuant to AB 2717
(Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006).
WHEREAS, AB 1881 requires cities and counties, no later than January 1, 2010, to
adopt the updated Model Ordinance or an equivalent document which is "at least as effective
as" the Model Ordinance in conserving water. In the event cities and counties do not take such
action, the State's Model Ordinance will be deemed to be automatically adopted by statute.
WHEREAS, the Council has developed this local Water Efficient Landscape Ordinance
to meet the requirements and guidelines of the Model Ordinance and to address the unique
physical characteristics, including average landscaped areas, within the Town in order to ensure
that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water.
WHEREAS, although this Water Efficient Landscape Ordinance is more streamlined and
simplified than the Model Ordinance, the Council finds that it is "at least as effective as" the
Model Ordinance because this Ordinance applies a lower maximum Water Allowance to the
properties covered by the Model Ordinance.
WHEREAS, the San Francisco Public Utilities Commission has imposed an interim
water supply limitation on its wholesale customers, including local water suppliers, until at least
2018.
WHEREAS, current supply and demand projections for the Bay Area Water Supply and
Conservation Agency ("BAWSCA") member agencies indicate that, in the absence of increased
water conservation, water demands will exceed available water supplies in 2015 and
implementation of water conserving ordinances is one mechanism by which agencies can
reduce future water demands and remain within existing supplies.
WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or
county may make and enforce within its limits all local, policy, sanitary, and other ordinances
and regulations not in conflict with general laws.
WHEREAS, pursuant to AB 1881, enforcement of the landscape conservation ordinance
adopted by Los Altos Hills will require supportive measures by the local water providers within
this jurisdiction, so as to ensure the successful implementation and enforcement of this
Ordinance.
WHEREAS, the City Council finds and determines that this Ordinance is not subject to
the California Environmental Quality Act (Public Resources Code Section 2100 et seq.)
("CEQK) pursuant to Section 15307 (the activity assures the maintenance, restoration,
enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a
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project as it involves general policy and procedure making) of the State CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and
procedures to ensure that water resources are conserved by limiting water consumption.
WHEREAS, the adoption and enforcement of this Ordinance is necessary to manage the
Town's potable water supply in the short and long-term and to avoid or minimize the effects of
drought and shortage within the town. This Ordinance is essential to ensure a reliable and
sustainable minimum supply of water for the public health, safety and welfare.
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby
ORDAIN as follows:
1. AMENDMENT OF CODE. Sections 10-2.801, 10-2.802, and 10-2.809 of Article 8
(Landscaping) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the
Los Altos Hills Municipal Code is hereby amended to read as follows:
10-2.801 Purpose
The purposes of this article are to create the maximum compatibility of development with the
natural environment; to preserve the rural qualities of the Town, to insure that structures, as
viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to
maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; to
conserve water resources; and to protect properties against fire and other natural forces.
10-2.802 Landscape Policies
ll Water efficient landscaping. Landscape design, installation, maintenance and
management shall be water efficient to promote the conservation and efficient use of
water and to prevent the waste of this valuable resource.
10-2.809 Water Efficient Landscaping
(a) Applicability. The provisions of this ordinance shall apply to the following:
(1) all new and rehabilitated landscapes with irrigated landscape areas equal to or
greater than 5,000 square feet associated with site development applications for
new single family residences; and
(2) major additions requiring a landscape permit; and
(3) any other proposed projects that would require Planning Commission review
under this chapter.
(b) This ordinance shall not apply to:
(1) Registered local, state or federal historical sites where landscaping establishes
an historical landscape style, as determined by any applicable public board or
commission responsible for architectural review or historic preservation;
(2) Ecological restoration or mined-land reclamation projects that do not require a
permanent irrigation system; or
(3) Community gardens or plant collections, as part of botanical gardens and
arboretums open to the public.
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(c) Definitions. The following definitions are established for the purpose of this article and
the meaning and construction of words and phrases is as follows:
Applied water means the water supplied by the irrigation system to the landscape.
Certified professional means a certified irrigation designer, certified landscape
irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed
professional engineer, or any other person authorized by the state to design a
landscape, an irrigation system, or authorized to complete a water budget.
Ecological restoration project means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
Estimated Total Water Use (ETWU) means the total water used for the landscape as
described in Section IV"Water Budget Calculations."
Evapotranspiration rate means the quantity of water evaporated from adjacent soil and
other surfaces and transpired by plants during a specified time.
Hydrozone means a portion of the landscaped area having plants with similar water
needs. A hydrozone may be irrigated or non-irrigated.
Invasive plant species means species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
"Noxious weeds" means any weed designated by the Weed Control Regulations in the
Weed Control Act and identified on a Regional District noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive and noxious weeds database.
Irrigation Efficiency (IE) 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 Ordinance is
70%. Greater irrigation efficiency can be expected from well-designed and maintained
systems.
Landscape project means the total area comprising the proposed irrigated landscape
area, as defined in this Ordinance.
Local water purveyor means any entity, including a public agency, city, county, district
or private water company that provides retail water service.
New construction means the construction of a new building or structure containing a
landscape or other new land improvement, such as a park, playground, or greenbelt
without an associated building.
Overspray means the irrigation water which is delivered beyond the target area.
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Parcel Water Budget (PWB) means the upper limit of annual applied water purchased
from the local water purveyor for the parcel as specified in Section V "Parcel Water
Budget."
Permit means an authorizing document issued by local agencies for the installation of
new or rehabilitated landscapes.
Pervious means any surface or material that allows the passage of water through the
material and into the underlying soil.
Plant factor or plant water use factor is a factor, when multiplied by ETo, estimates
the amount of water needed by plants.
Project applicant means the individual or entity requesting a permit or plan check from
the Town. A project applicant may be the property owner or his or her designee.
Reference Evapotranspiration or ETo means a standard measurement of
environmental parameters which affect the water use of plants.
Rehabilitated landscape means any re-landscaping project that requires a permit, plan
check, design review.
Runoff means water which is not absorbed by the soil or landscape to which it is applied
and flows away from the irrigated area.
Special Landscape Area (SLA) means an area of the landscape dedicated solely to
edible plants, areas irrigated with recycled water, water features using recycled water
and public facilities 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.
Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass,
and Buffalo grass are warm-season grasses.
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).
WUCOLS means the Water Use Classification of Landscape Species published by the
University of California Cooperative Extension, the Department of Water Resources and
the Bureau of Reclamation, 2000.
(d) Standards for Compliance. Projects subject to this section shall be required to submit
the following documentation:
(1) Parcel Water Budget. The project applicant shall submit a Parcel Water Budget
(PWB) for the site using the equation below:
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PWB = [(1.0-slope) (0.8) (43.0) (0.62) [0.7 x (An-MDA-OSC) + (0.3 x SLA)] /748] + 120
Where:
PWB = Parcel Water Budget (units per year)
Slope = Average slope of the parcel or lot as a percentage of 1.0 to the nearest
hundredth
0.8 = Water Conservation Factor
43.0 = Reference Evapotranspiration (ETo) in Los Altos Hills, in inches/year
0.62 = Conversion Factor(to gallons)
j 0.7 = ET Adjustment Factor(ETAF)
An = Net Lot Area (square feet)
MDA = Maximum Development Area. The maximum development area (in
square feet) allowed for the property.
OSC = Open Space/Conservation Easements (square feet)
0.3 = Additional water allowance for SLA
SLA = Special Landscape Area (square feet)
748 = number of gallons in a unit (100 cubic feet) of water
120 =number of units for indoor water use per property per year, or as may be
modified by the Planning Director upon a demonstration of difficulty or
unnecessary hardship pursuant to subsection (f). Not applicable if a
landscape/outdoor use meter is installed.
Example PWB calculation: 1-acre (43,560 sq ft) lot with 14% slope and 12,339 sq ft
of MDA and no Special Landscape Area, Conservation or Open Space Easements:
PWB = [(1.0-0.14)* 0.8*43* 0.62* [0.7* (43,560-12,339) + (0.3*0)] /748] +120= 656 units/yr
(2) Landscape Water Use Calculation. The project applicant shall submit a water
budget calculation for how much water the landscape project will need to purchase
from its water purveyor. The Landscape Water Use Calculation shall be prepared by,
and bear the signature of, a licensed landscape architect, licensed landscape
contractor, or any other person authorized by the State of California to design
landscape and irrigation plans. Water budget calculations shall adhere to the
following requirements:
a. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0
to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants,
and from 0.7 to 1.0 for high water use plants (including turf).
b. All water features shall be included in the high water use hydrozone.
c. All Special Landscape Areas (SLA) shall be identified and their water use
included in the water budget calculations.
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d. Irrigation system efficiency shall be greater than or equal to 70%.
e. Estimated Total Water Use (ETWU) will be calculated using the equation below.
The sum of the ETWU calculated for all hydrozones shall not exceed the Parcel
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Water Budget.
ETWU = (43 .0)( 0 .62 PF IE HA + SLA / 748 + 120
Where:
ETWU = Estimated Total Water Use per year(units per year)
43.0 = Reference Evapotranspiration in Los Altos Hills, in inches per year
0.62 = Conversion Factor(to gallons)
PF = Plant Factor from the Water Use Classification of Landscape Species
HA = Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA = Special Landscape Area (square feet)
IE = Irrigation Efficiency (minimum 0.70)
748 = number
of gallons in a unit (100 cubic feet) of water
120 = number of units for indoor water use per property per year, or as may
be modified by the Planning Director upon a demonstration of difficulty
or unnecessary hardship pursuant to subsection (f). Not applicable if a
landscape/outdoor use meter is installed.
Example ETWU calculation: 1 acre of land, no Special Landscape Area, 3000 sq. ft.
of turf(PF=0.7), 19,560 sq. ft. of low water use plants (PF=0.3):
ETWU = 43*0.62 * ((0.7*3000/0.7) + (0.3*19560/ 0.7))/748 = 370 units/year
(3) Landscape and Irrigation Plans. The landscape and irrigation plans shall be
prepared by, and bear the signature of, a licensed landscape architect, licensed
landscape contractor, or any other person authorized by the State of California to
design a landscape and irrigation plan, and at a minimum, shall include the following
information:
a. Provide basic project information, such as applicant name, site address, total
landscape area and turf area (square feet), retail water purveyor, and project
contacts.
b. Identify, in tabular.form, all plants to be installed as part of the project. The table
shall include the following:
i. Symbol (representing the plant on the plan).
ii. Common name and botanical name.
iii. Container size.
iv. Quantity.
v. Type (e.g. grass, succulent, vine, shrub, tree).
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c. Plant list shall exclude plant types that increase wildfire susceptibility. In areas
designated wildland urban interface, the plan shall demonstrate that plants have
been selected and arranged to provide defensible space for wildfire protection, in
conformance with Public Resources Code Section 4291.
d. Label and identifyh as low
each drozone y water, moderate water, high water, or
mixed (low/moderate) water use, as defined by WUCOLS;
e. Identify special landscape areas;
f. Identify all landscaping required for screening and erosion control pursuant to
Section 10-2.802.
g. Location, type and size of all components of the irrigation system, including
controllers, main and lateral lines, valves, sprinkler heads, moisture sensing
devices, rain switches, quick couplers, pressure regulators, and backflow
prevention devices;
h. Static water pressure at the point of connection to the public water supply;
i. Flow rate (gallons per minute), application rate (inches per hour), and design
operating pressure (pressure per square inch) for each station;
j. Irrigation schedule;
k. The following statement on the plans cover sheet: "This plan complies with the
criteria of the Water Efficient Landscaping Ordinance and applies them
accordingly for the efficient use of water in this irrigation design plan."
I. The following statement noting estimated annual water cost on the plans cover
sheet: "Based on current rates, the estimated annual water bill for this plan will
be $ "
(e) Certificate of Completion. The certification documentation shall be prepared by the
project Landscape Architect, Irrigation Designer, or Landscape Contractor and include
the following statement: "The landscape and irrigation system has been installed as
specified in the landscape design plan and complies with the criteria of the Water
Efficient Landscape Ordinance and the permit." Receipt of the certification
documentation will begin the 24 month period described in subsection (f) of this
Ordinance.
(f) Exceptions. The Planning Director shall have the discretion to grant exceptions to the
120 unit allocation for yearly indoor water use in cases where, due to exceptional
conditions involved, a literal enforcement of the provisions of this chapter would result in
practical difficulties or unnecessary hardships; provided, however, no such exceptions
shall be granted unless the Planning Director shall find that the granting of such
exception will not be contrary to the intent of the provisions of this chapter.
(g) Deposit Required; Forfeiture of Deposit. Anyone who is subject to the requirements
of this ordinance shall submit a deposit or other security deemed satisfactory by the
Planning Director. Two years after the Certificate of Completion is filed with the Town
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for any landscaping project subject to the provisions herein, the property owner shall
furnish to the Town the second year (months 13-24 following receipt of the Certificate of
Completion) of water use and billing data from the subject property's water purveyor. If
the site water usage exceeds the calculated PWB, the deposit shall be held for an
additional 12 months. At the end of the additional 12 month period, the property owner
shall provide the Town with the previous 12 months (months 25-36) of water use and
billing data from the subject property's water purveyor. If the water usage still exceeds
the estimated PWB, the deposit shall be forfeited to the Town, in full. All Town staff time
and materials expended to ensure compliance with this section will be deducted from the
deposit. Any remaining amounts from a forfeited deposit shall be utilized to further the
purposes of this section.
h Stormwater and Well Water. Implementing stormwater best management practices into
landscape and grading design plans to minimize runoff and to increase on-site retention
and infiltration is encouraged. Well water and retained water does not count toward the
Parcel Water Budget defined in subsection (d)(1).
(i) Public Education
1. The Town shall provide information to all planning and building department
applicants regarding the design, installation, management, and maintenance of water
efficient landscapes.
2. Starting on January 1, 2012, the Town may, in conjunction with water purveyors,
develop and administer a voluntary program to audit water usage for existing
landscapes.
2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance,
including the application of such part or provision to other persons or circumstances shall not be
affected thereby and shall continue in full force and effect. To this end, provisions of this
Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it
would have passed each section, subsection, subdivision, paragraph, sentence, clause, or
phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions,
paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30)
days after adoption. Pursuant to the provisions of Government Code Section 36933, a
summary of this ordinance shall be prepared by the City Council's designee. At least five (5)
days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City
Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the
City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption
of this ordinance, the City Clerk shall (1) publish the summary in a newspaper of general
circulation, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance
along with the names of those City Council members voting for and against this ordinance or
otherwise voting.
INTRODUCED: July 15, 2010
PASSED: September 16, 2010
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AYES: Mayor Breene Kerr, Mayor Pro Tem Rich Larsen, Councilmember Jean Mordo,
Councilmember Ginger Summit, Councilmember Dean Warshawsky
NOES: None
ABSTENTIONS: None
ABSENT: None �
Breenei (, Mayor
ATTEST:
City Clerk-
APPROVED AS TO FORM:
City Attorney
1420228.1
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