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HomeMy WebLinkAbout2009-12-22 Item 6 CITY OF i • LADE L LSINORj ` DREAM EXTREME,,. REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROBERT A. BRADY CITY MANAGER DATE: DECEMBER 22, 2009 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04; A REQUEST TO REPEAL CHAPTER 19.08 AND REPLACE IN ITS ENTIRETY A NEW CHAPTER 19.08 REGARDING WATER EFFICIENT LANDSCAPING APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 Background At the regularly scheduled meeting of November 17, 2009, the Planning Commission adopted the following Resolutions based on the findings made in the Resolutions and attachments to the staff report: • Resolution Number 2009 -58: Resolution of the Planning Commission of the City of Lake Elsinore, Recommending to the City Council of the City of Lake Elsinore Adoption of Negative Declaration No. 2008 -11 for Zoning Ordinance Text Amendment No. 2008 -04. • Resolution Number 2009 -59: Resolution of the Planning Commission of the City of Lake Elsinore, California Recommending to the City Council of the City of Lake Elsinore Approval of Zoning Ordinance Text Amendment No. 2008 -04 (State Model) Discussion The Planning Commission heard the staff report (Attachment 4) and a presentation from staff before deliberating on the proposed text amendment. No requests to speak were submitted and no one in the audience wished to comment on the text amendment, either in favor or opposed. As reflected in the Resolutions referenced on page one (1) of this report, the Planning Commission is recommending adoption of the State of CC December 22, 2009 Item No. 6 Page 1 of 198 Zoning Ordinance Text Amendment No. 2008 -04 December 22, 2009 Page 2 of 4 California's Model Water Efficient Landscape Ordinance instead of the draft local Ordinance endorsed by WRCOG. The Planning Commission unanimously expressed concerns with the proposed Ordinance as it was drafted by the Riverside County Water Taskforce and endorsed by the Western Riverside Council of Governments (WRCOG). This staff report provides an overview of each Commissioner's comments and / or concerns (see Attachment 5 for draft verbatim transcripted minutes of the discussion). The overview of the panel's discussion is as follows: Chairman Flores: Chairman Flores voiced concerns with Section 19.08.140 (Coordination with Water Purveyors) of the draft Ordinance and the possibility of eliminating it from the document. Furthermore, Chairman Flores brought up the possibility of having recycled water available to residents. Vice - Chairman Gonzales: Vice - Chairman Gonzales voiced concerns concerning the penalties for water waste and who would be responsible for monitoring any possible waste. In regards to possible penalties for wasting water, Vice Chairman also asked if there would be double - penalties, one from the City and applicable Water District, applied to residents. Commissioner Mendoza: Commissioner Mendoza voiced concerns concerning the "tiered- water" rates as identified in the "draft" Ordinance and that the City should adopt an Ordinance that supports the residents, where they have an option to challenge the applicable water - district should the need arise. Furthermore, Commissioner Mendoza recommended that the City currently adopt the State of California's Model Ordinance and then bring back another water efficient Ordinance with modifications that will satisfy the residents. Commissioner O'Neal: Commissioner O'Neal voiced concerns concerning the proposed Ordinance that was drafted the "Riverside County Water Taskforce" and supported by WRCOG and that it should not necessarily be embraced by the City of Lake Elsinore. Furthermore, Chairman O'Neal also recommended that the "draft" Ordinance needs to have "flexibility." Commissioner O'Neal also voiced concerns with the "tiered" water rates as identified in the "draft" Ordinance and that the City could draft an Ordinance that utilizes the State of California's and WRCOG's model, but includes subtle changes that make it more fair, interesting, and dynamic. CC December 22, 2009 Item No. 6 Page 2 of 198 Zoning Ordinance Text Amendment No. 2008 -04 December 22, 2009 Page 3 of 4 Commissioner Zanelli: Commissioner Zanelli voiced concerns with Section 19.08.140 (Coordination with Water Purveyors) of the draft Ordinance as well as who would be the one meeting with the applicable Water Districts in terms of rate structure, penalties, irrigation audits, or surveys. Furthermore, Commissioner Zanelli also voiced concerns with the City's (or lack thereof) involvement with the appeal process and he would like to see the City as more of an active partner with the applicable water district, in terms of drafting an Ordinance as well as Ordinance enforcement. Due to the fact that the Planning Commission unanimously recommended that the City Council adopt the State of California's Model Water Efficient Landscape Ordinance, and if financially feasible, to come back to the Planning Commission with a draft Ordinance that is tailored to the City of Lake Elsinore, staff has drafted two (2) different Ordinances for City Council's consideration. The first (1 Ordinance adopts the State's Model Ordinance (which is consistent with the Planning Commission's recommendation); alternatively, the second (2 " Ordinance adopts WRCOG's proposed model Ordinance. It is within the City Councils discretion to choose which form of the Ordinance it wishes to adopt. Environmental Negative Declaration No. 2008 -11 satisfies the requirements under CEQA with respect to the proposed Text Amendment. Alternative Resolutions are attached to this report to allow for appropriate reference to either the WRCOG or the State Model. Fiscal Impact There will be minimal to no Fiscal Impact to the general fund resulting from the adoption and enforcement of the "draft" Water Efficient Landscape Ordinance. Recommendations 1. Adopt Resolution No. approving Negative Declaration No. 2008 -11 (WRCOG Model); or, alternatively, Adopt Resolution No. approving Negative Declaration No. 2008 -11 (State Model). 2. Waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008 -04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (WRCOG Model) repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 which includes the attached draft Water Efficient Landscape Ordinance (WRCOG Model), or, alternatively: CC December 22, 2009 Item No. 6 Page 3 of 198 Zoning Ordinance Text Amendment No. 2008 -04 December 22, 2009 Page 4of4 Waive further reading and introduce by title only an Ordinance approving Text Amendment No. 2008 -04 04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (State Model). 3. If the City Council elects to adopt the State Model Ordinance, consider the Planning Commission recommendation to direct staff, if financially feasible, to come back to the Planning Commission with a draft Ordinance that is tailored to the City of Lake Elsinore. Prepared by: Justin Carlson Redevelopment A gency Analyst nt Reviewed by: Tom Weiner TO Director of Community Development Approved by: Robert A. Brady 4 City Manager ' • Attachments: 1. City Council Resolution approving Negative Declaration No. 2008-11 (WRCOG Model) 2. City Council Resolution approving Negative Declaration No. 2008-11 (State Model) 3. City Council Ordinance approving Text Amendment No. 2008 -04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (WRCOG Model). 4. City Council Ordinance approving Text Amendment No. 2008 -04 repealing the existing Chapter 19.08 and replacing in its entirety a new Chapter 19.08 for Water Efficient Landscaping (State Model) 5. Planning Commission Staff Report with Exhibits dated November 17, 2009. 6. Planning Commission Resolution No. 2009 -59, Resolution of the Planning Commission of the City of Lake Elsinore Recommending to the City Council of the City of Lake Elsinore Approval of Zoning Ordinance Text Amendment No. 2008 -04 (State Model) 7. Draft Planning Commission meeting minutes, (dated November 17, 2009). CC December 22, 2009 Item No. 6 Page 4 of 198 Page 1 of 5 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING NEGATIVE DECLARATION NO. 2008 -11 FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04 (WRCOG MODEL ORDINANCE) WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the Western Riverside Council of Governments ( "WRCOG ") received from DWR the State's revised model water efficient landscaping ordinance; and WHEREAS, WRCOG commissioned the Riverside County Water Task Force ( "Task Force ") to prepare a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model ordinance but which is addresses the unique climatological, geographical, and other needs of Riverside County; and WHEREAS, the Task Force prepared and WRCOG endorsed a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model; and WHEREAS, WRCOG has encouraged all cities within the WRCOG region to adopt the local water efficient landscape ordinance in order to provide consistency and economy of scale throughout Riverside County with regard to water conservation in landscaping; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the local model ordinance prepared by the Task Force and endorsed by WRCOG ( "the Proposed Amendment "), which is as effective in conserving water as the updated model ordinance adopted by the DWR; and CC December 22, 2009 Item No. 6 Page 5 of 198 CC Resolution No. Page 2 of 5 WHEREAS, the Proposed Amendment is subject to the provisions of the California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations sections 15000, et seq.: "CEQA Guidelines ") because the Proposed Amendment involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code section 21065); and WHEREAS, pursuant to CEQA Guidelines section 15063, the City conducted an Initial Study to determine if the Proposed Amendment would have a significant effect on the environment. Based upon the results of that Initial Study, there was no substantial evidence that the Proposed Amendment or any of its aspects may cause a significant effect on the environment; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008 -11; and WHEREAS, pursuant to CEQA Guidelines, Section 15073, on October 13, 2009, the City duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on November 17, 2009, made its report upon the desirability of the Proposed Amendment and provided a recommendation to the City Council for adoption of Negative Declaration 2008 -11; and WHEREAS, the City Council of the City of Lake Elsinore has the responsibility for adopting Negative Declarations; and WHEREAS, on December 22, 2009, at a duly noticed public hearing, the City Council of the City of Lake Elsinore considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. SECTION 2. The City Council has found that the Negative Declaration for the Proposed Amendment is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. CC December 22, 2009 Item No. 6 Page 6 of 198 CC Resolution No. Page 3 of 5 SECTION 3. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate for the adoption of the Negative Declaration as proposed. SECTION 4. The City Council makes the following findings regarding the lack of potential environmental impacts of the Proposed Amendment and the analysis and conclusions set forth in the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Proposed Amendment, there is no substantial evidence suggesting that the Proposed Amendment may have a significant effect on the environment. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have a significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Proposed Amendment will not have a significant effect on the environment. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22 day of December 2009. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 7 of 198 CC Resolution No. Page 4 of 5 APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 6 Page 8 of 198 CC Resolution No. Page 5 of 5 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22 day of December 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 9 of 198 Page 1 of 4 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, ADOPTING NEGATIVE DECLARATION NO. 2008 -11 FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04 (STATE MODEL ORDINANCE) WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the state model ordinance prepared by DWR ( "the Proposed Amendment "); and WHEREAS, the Proposed Amendment is subject to the provisions of the California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations sections 15000, et seq.: "CEQA Guidelines ") because the Proposed Amendment involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code section 21065); and WHEREAS, pursuant to CEQA Guidelines section 15063, the City conducted an Initial Study to determine if the Proposed Amendment would have a significant effect on the environment. Based upon the results of that Initial Study, there was no substantial evidence that the Proposed Amendment or any of its aspects may cause a significant effect on the environment; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008 -11; and WHEREAS, pursuant to CEQA Guidelines, Section 15073, on August 4, 2008, the City duly issued a notice of intent to adopt the Negative Declaration; and CC December 22, 2009 Item No. 6 Page 10 of 198 CC Resolution No. Page 2of4 WHEREAS, on December 22, 2009, at a duly noticed public hearing, the City Council considered the Planning Commission's recommendation, evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. SECTION 2. The City Council has found that the Negative Declaration for the Proposed Amendment is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The City Council has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. SECTION 3. The City Council further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate to adopt the Negative Declaration as proposed. SECTION 4. The City Council finds as follows regarding the lack of potential environmental impacts of the Proposed Amendment and the analysis and conclusions set forth in the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Proposed Amendment, there is no substantial evidence suggesting that the Proposed Amendment may have a significant effect on the environment. 2. There is no substantial evidence, in the light of the whole record before the agency, that the Project as revised may have a significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Proposed Amendment will not have a significant effect on the environment. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. CC December 22, 2009 Item No. 6 Page 11 of 198 CC Resolution No. Page 3 of 4 PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22nd day of December 2009. MELISSA MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN, CMC CITY CLERK APPROVED AS TO FORM: BARBARA ZEID LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 6 Page 12 of 198 CC Resolution No. Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, DEBORA THOMSEN, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 22nd day of December 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN, CMC CITY CLERK CC December 22, 2009 Item No. 6 Page 13 of 198 Page 1 of 19 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT NO. 2008 -04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (WRCOG MODEL) WHEREAS, in 1990, Governor Pete Wilson signed into law Assembly Bill 325, which required that the California Department of Water Resources ( "DWR ") adopt a Model Local Water Efficient Landscape Ordinance by January 1, 1992; and WHEREAS, Assembly Bill 325 further required that local agencies adopt the Model Local Water Efficient Landscape Ordinance or an equivalent ordinance by January 1, 1993; and WHEREAS, in 1992 the City of Lake Elsinore adopted the Model Water Efficient Ordinance, which is codified in Chapter 19.08 of the Lake Elsinore Municipal Code; and WHEREAS, from 1993 to present, the legislature has further developed laws regarding water efficient landscaping and those laws are now codified in what is known as the Water Efficiency in Landscaping Act (Cal. Gov. Code section 65591 et seq.); and WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the Western Riverside Council of Governments ( "WRCOG ") received from DWR the State's revised model water efficient landscaping ordinance; and WHEREAS, WRCOG commissioned the Riverside County Water Task Force ( "Task Force ") to prepare a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model ordinance but which is CC December 22, 2009 Item No. 6 Page 14 of 198 Ordinance No. Page 2 of 19 addresses the unique climatological, geographical, and other needs of Riverside County; and WHEREAS, the Task Force prepared and WRCOG endorsed a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model; and WHEREAS, WRCOG has encouraged all cities within the WRCOG region to adopt the local water efficient landscape ordinance in order to provide consistency and economy of scale throughout Riverside County with regard to water conservation in landscaping; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the local model ordinance prepared by the Task Force and endorsed by WRCOG, which is as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, in accordance with Title 14 of the California Code of Regulations, Section 15070, the City of Lake Elsinore prepared a Negative Declaration in connection with Text Amendment No. 2008 -04; and WHEREAS, at a duly noticed public hearing, held on December 22, 2009, the City Council considered the recommendation of the Planning Commission, evidence presented by the Community Development Department, and comments and testimony presented by other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 19.08 of the Lake Elsinore Municipal Code is hereby repealed in its entirety. SECTION 2. That Chapter 19.08 of the Lake Elsinore Municipal Code shall be added as follows: Chapter 19.08 Water Efficient Landscape Requirements Sections: 19.08.010 Short Title. 19.08.020 Purpose and Intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Landscape Documentation Package Requirements. 19.08.060 Project Information. 19.08.070 Planting Plan Requirements. 19.08.080 Irrigation Design Plan Requirements. CC December 22, 2009 Item No. 6 Page 15 of 198 Ordinance No. Page 3 of 19 19.08.090 Soil Management Plan Requirements. 19.08.100 Grading Design Plan Requirements. 19.08.110 Landscape Irrigation and Maintenance. 19.08.120 Review and Certification of Landscape Documentation Package. 19.08.130 Water Conservation Requirements. 19.08.140 Coordination with Water Purveyors. 19.08.010 Short Title. This Ordinance shall be known as the "Landscape Water Use Efficiency Ordinance ". 19.08.020 Purpose and Intent. It is the intent of the City Council of the City of Lake Elsinore in adopting this Ordinance to: A. Establish provisions for water management practices and water waste prevention; B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of seventy percent (70 %) of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and /or runoff; G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the state of California Water Efficiency in Landscaping Act and the California Code of Regulations Title 23, Division 2, Chapter 2.7. 19.08.030 Definitions. The terms used in this Chapter 19.08 have the meaning set forth below: "backfilling" means to refill an excavation, usually with excavated material. CC December 22, 2009 Item No. 6 Page 16 of 198 Ordinance No. Page 4 of 19 "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "check valve" or "anti -drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. "established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. "Estimated Annual Water Use" or "EAWU" means estimated total water use per year as calculated by the formula contained in Section 19.08.070(L)(14). "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated. "invasive species" are non - indigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi - Species Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this ordinance, invasive species include other locally invasive species as further defined by a City of Lake Elsinore. "landscape architect" means a person who holds a license to practice landscape architecture in the state of California (Gov. Code § 5615). "landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). "local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service to customers in the City of Lake Elsinore. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low- volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area. CC December 22, 2009 Item No. 6 Page 17 of 198 Ordinance No. Page 5 of 19 "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.). "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference to evapotranspiration is used as the basis for determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current EvapoTranspiration Zones Map prepared by the California Department of Water Resources. For geographic areas not covered by the EvapoTranspiration Zones Map, data from nearby areas shall be used. "rehabilitated landscapes" means any re- landscaping project that requires a permit, plan check, or design review to which this Chapter 19.08 applies. "special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. "temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater. "WUCOLS" means the publication entitled 'Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version). 19.08.040 Applicability. A. The water efficient landscape requirements contained in this Chapter 19.08 shall be applicable to all new construction landscapes which are homeowner - provided and or homeowner -hired in single - family and multi - family projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or design review and /or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and /or approvals. B. In the event Covenants, Conditions and Restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water - intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Chapter 19.08 in connection with common area /open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape CC December 22, 2009 Item No. 6 Page 18 of 198 Ordinance No. Page 6 of 19 irrigation system management and maintenance consistent with this Chapter 19.08. This Chapter 19.08 shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low -water use plants. Covenants, Conditions, and Restrictions shall not prohibit the replacement of turf with less water intensive plant species. C. This Chapter 19.08 applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter. D. Recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries shall be required to comply with Section 19.08.110 (A), (B), (C) and Section 19.08.130. Existing cemeteries shall comply with Section 19.08.130. E. The following are exempt from the provisions of this chapter: 1. Any project with a total landscaped area less than 2,500 square feet; 2. Registered local, state or federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of Tess than 3 years; 4. Mined -land reclamation projects that do not require a permanent irrigation system; and 5. Botanical gardens and arboretums open to the public. 19.08.050 Landscape Documentation Package Requirements. A. An applicant proposing any new or rehabilitated landscape for which this Chapter 19.08 applies shall prepare and submit to the Community Developer Director or his /her designee documentation including, but not limited to, the following: 1. Project Information conforming to Section 19.08.060; 2. Planting Plan conforming to Section 19.08.070; 3. Irrigation Design Plan conforming to Section 19.08.080; 4. Soil Management Plan conforming to Section 19.08.090; and 5. Grading Design Plan conforming to Section 19.08.100. B. An applicant proposing any new landscape that is subject to this Chapter 19.08 and designated for recycled water use, is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor and applicable CC December 22, 2009 Item No. 6 Page 19 of 198 Ordinance No. Page 7 of 19 City department's. All recycled water irrigation systems will be required to comply with the standards of both the local water purveyor and the applicable City Departments' standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor and the City. C. Water systems for common open space areas shall use non - potable water if approved facilities are made available by the water purveyor. Provisions for a non - potable water system shall be provided within the landscape plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. D. The Planting Plan, Irrigation Plan, and Soils Management Plan shall be reviewed by an independent licensed landscape architect to ensure that all components of the Plans adhere to the requirements of this Ordinance. The licensed landscape architect shall sign the Plans verifying that the Plans comply with this Ordinance. Any Plans submitted without the signature of a licensed landscape architect shall not be accepted for review. 19.08.060 Project Information. A. The applicant shall complete and submit to the Community Development Director or his /her designee, a project information sheet containing, at a minimum, the following information: 1. The date that the project information sheet is submitted 2. The applicant's name and the applicant's contact information 3. The project owner and the project owner's contact information 4. The project address including parcel and lot numbers 5. Total landscape area (sq. ft.) 6. Project type (e.g., new, rehabilitated, public, private) 7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. 8. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." CC December 22, 2009 Item No. 6 Page 20 of 198 Ordinance No. Page 8 of 19 19.08.070. Planting Plan Requirements. A. The "Riverside County Guide to California Friendly Landscaping" ( "County Landscape Guide ") is hereby incorporated by reference to assist with developing water efficient landscapes. Planting Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), Planting Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together with regard to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. C. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. D. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. E. Plant selection for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Fire -prone plant materials and highly flammable mulches shall be avoided. F. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in to environmentally sensitive areas. G. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3 ") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 1 /2 "). H. Stabilizing mulching products shall be used on slopes. Turf areas shall be used in response to functional needs and in compliance with the water budget. J. Decorative water features shall use re- circulating water systems. K. Where available, recycled water shall be used as the source for irrigation and decorative water features. CC December 22, 2009 Item No. 6 Page 21 of 198 Ordinance No. Page 9 of 19 L. Planting Plans shall identify and site the following: 1. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; 2. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; 3. Designation of hydrozones; 4. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; 5. Property lines, streets, and street names; 6. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; 7. Appropriate scale and north arrow; 8. Any special landscape areas; 9. Type of mulch and application depth; 10. Type and surface area of any water features; 11. Type and installation details of any applicable stormwater best management practices; 12. Planting specifications and details, including the recommendations from the soils analysis, if applicable. 13. Maximum Applied Water Allowance: a. The following Water Budget Formula shall be used to determine the Maximum Applied Water Allowance: MAWA (in gallons) = (ETo) (0.62) [0.7 x LA +0.3 x SLA] where ETo is reference evapotranspiration SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet b. For the purposes of determining the Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems CC December 22, 2009 Item No. 6 Page 22 of 198 Ordinance No. Page 10 of 19 shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 14. Estimated Annual Water Use (EAWU): a. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ETo)(0.62) j((PFxHA) /IE) +SLA] where ETo is reference evapotranspiration PF is Plant Factor HA is hydrozone area in square feet IE is irrigation efficiency (minimum 0.71) SLA is the amount of special landscape area in square feet b. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project. c. The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0. d. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. e. The surface area of a water features shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. M. Planting Plans and Irrigation Plans (defined in Section 19.08.080) shall be drawn at the same size and scale. N. The Planting Plan shall be prepared by a Landscape Architect licensed by the State of California. 19.08.080 Irrigation Design Plan Requirements. A. The Landscape Guide shall be used by the applicant to assist in designing, constructing, and maintaining an efficient irrigation system. Irrigation Design Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City Landscape Guide, CC December 22, 2009 Item No. 6 Page 23 of 198 Ordinance No. Page 11 of 19 Irrigation Design Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. C. All irrigation systems shall be designed to prevent runoff, over - spray, tow- head drainage and other similar conditions where water flows off -site on to adjacent property, non - irrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. D. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and /or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Director of Community Development or his /her designee. E. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non - potable water system shall be provided within the Irrigation Plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. F. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the County Landscaping Guide or City Landscaping Guide, whichever is in effect at the time that the application is deemed complete. G. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. H. The capacity of the irrigation system shall not exceed: 1. the capacity required for peak water demand based on water budget calculations; CC December 22, 2009 Item No. 6 Page 24 of 198 Ordinance No. Page 12 of 19 2. meter capacity; or 3. backflow preventer type and device capacity. I. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer. J. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. K. Non -turf areas on slopes greater than 25% shall be irrigated with drip irrigation or other low volume irrigation technology. L. Long- narrow, or irregularly shaped area including turf Tess than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low- volume irrigation technology. M. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs. N. Overhead irrigation shall be limited to the hours of 8 p.m. to 9 a.m. O. All irrigation systems shall be equipped with the following: 1. A smart irrigation controller as defined in Section 19.08.080(D); 2. A rain sensing device to prevent irrigation during rainy weather; 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut -off valve as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; 5. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and 7. Riser protection components for all risers in high traffic areas. P. Dedicated landscape meters shall be required for all projects greater than 2,500 sq. ft. except single - family residences. Q. Irrigation Design Plans shall identify and site the following: 1. Hydrozones. CC December 22, 2009 Item No. 6 Page 25 of 198 Ordinance No. Page 13 of 19 a. Each hydrozone shall be designated by number, letter or other designation. b. A Hydrozone Information Table shall be prepared for each hydrozone. 2. The areas irrigated by each valve; 3. Irrigation point of connection (POC) to the water system; 4. Static water pressure at POC; 5. Location and size of water meter(s), service laterals, and backflow preventers; 6. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; 7. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; 8. Precipitation rate (inches per hour) for each overhead spray circuit; 9. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols all irrigation equipment with different spray patterns, spray radius, and precipitation rate; 10. Irrigation system details for assembly and installation; 11. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and 12. Irrigation Design Plans shall contain the following statement, "I agree to comply with the criteria of Chapter 19.08 of the Lake Elsinore Municipal Code and to apply them for the efficient use of water in the Irrigation Design Plan." R. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. S. Irrigation Plans and Planting Plans (as required by Section 19.08.070 above) shall be drawn at the same size and scale. CC December 22, 2009 Item No. 6 Page 26 of 198 Ordinance No. Page 14 of 19 19.08.090 Soil Management Plan Requirements. A. After mass grading, the project applicant or his /her designee shall: 1. perform a preliminary site inspection; 2. determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); 3. conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and 4. obtain appropriate soil samples(s). B. The project applicant or his /her designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate tables; 3. pH; 4. total soluble salts; 5. sodium; and 6. recommendations. C. The project applicant or his /her designee shall prepare documentation describing the following: 1. soil type; 2. identification of limiting soil characteristics; 3. identification of planned soil management actions to remediate limiting soil characteristics; and D. The project applicant or his /her designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or his /her designee pursuant to the requirement of Section 19.08.120(C). CC December 22, 2009 Item No. 6 Page 27 of 198 Ordinance No. Page 15 of 19 19.08.100 Grading Design Plan Requirements. If applicable, the Landscape Documentation Package shall include rough /precise grade elevation prepared for the project by a licensed civil engineer. 19.08.110 Landscape Irrigation and Maintenance. A. This section applies to all landscape projects subject to this Chapter 19.08. B. The County Landscape Guide shall be used by the applicant to assist in implementing landscape maintenance to ensure water use efficiency. Landscape maintenance shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), landscape maintenance shall be, to the extent feasible, consistent with the City Landscape Guide. C. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporates the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. D. A regular maintenance schedule and Certificate of Completion shall be submitted to the Director of Community Development or designee, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent. E. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter 19.08. F. Information shall be provided to owners of new, single - family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. 19.08.120 Review and Certification of Landscape Documentation Package. A. The Director of Community Development or his /her designee shall have the duty and authority to administer and enforce this Landscape Water Use Efficiency Ordinance. CC December 22, 2009 Item No. 6 Page 28 of 198 Ordinance No. Page 16 of 19 B. Upon submission by an applicant of a Landscape Documentation Package pursuant to Section 19.08.040 above, the City shall: 1. Provide the project applicant with a copy of this Chapter 19.08 and procedures for permits, plan checks, or design reviews. 2. Review the Landscape Documentation Package submitted by the project applicant; 3. Approve or reject the Landscape Documentation Package; and 4. Issue a permit or approve the plan check or design review for the project applicant. C. Certificate of Completion. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this ordinance, a regular maintenance schedule and a Certificate of Completion shall be submitted to the Director of Community Development or his /her designee certifying that the landscaping has been completed in accordance with the approved Planting, Irrigation, Soil Management, and Grading Design plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall include: 1. The date of the inspection 2. The following project information: a. Project name b. Project applicant name, telephone, mailing address c. Project address and location d. Property owner name and mailing address 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the Certificate of Completion). 4. A statement that the landscaping has been installed in conformance with the approved Planting and Irrigation Plans. 5. An irrigation audit report performed by a certified irrigation auditor after project installation (the audit report shall be attached to the Certificate of Completion). 6. A statement that the smart irrigation controller has been set according to the irrigation schedule. CC December 22, 2009 Item No. 6 Page 29 of 198 Ordinance No. Page 17 of 19 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff. 8. A statement confirming that a copy of the approved Landscape Documentation Package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. D. At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. E. The Director of Community Developer or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this Ordinance. 19.08.130 Water Conservation Requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A. Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 am and 5:00 pm on any day, except by use of a hand -held bucket or similar container, a hand- held hose quipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 pm to 9:00 am. B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a low- volume, high - pressure cleaning machine equipped to recycle any water used, or a low- volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water. CC December 22, 2009 Item No. 6 Page 30 of 198 Ordinance No. Page 18 of 19 19.08.140 Coordination with Water Purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure B. Allocation -based conservation water pricing structure C. A rate structure at least as effective as the above options D. Irrigation audits and /or irrigation surveys E. Penalties for water waste. SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22 day of December 2009. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 6 Page 31 of 198 Ordinance No. Page 19 of 19 STATE OF CALIFORNIA SS COUNTY OF RIVERSIDE CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 22 day of December 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 32 of 198 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT NO. 2008-04 REPEALING THE EXISTING CHAPTER 19.08 AND REPLACING IN ITS ENTIRETY A NEW CHAPTER 19.08 FOR WATER EFFICIENT LANDSCAPING (STATE MODEL) WHEREAS, the Water Efficiency in Landscaping Act (Cal. Gov. Code section 65591 et seq.) requires all cities and counties to adopt water efficient landscaping ordinances that meet or exceed the State's model ordinance; and WHEREAS, pursuant to Califomia Government Code section 65595(b), the California Department of Water Resources has updated and circulated a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, California Government Code section 65596(c) further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the Department of Water Resources or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the Department of Water Resources; and WHEREAS, the City desires to repeal its existing Water Efficient Landscape Ordinance codified in Chapter 19.08 and to adopt the updated model water efficient landscape ordinance, as amended from time to time, in its place; and WHEREAS, based on evidence presented by the Community Development Department and other interested parties at a duly noticed public hearing on November 17, 2009, the Planning Commission recommended that the City Council adopt this Ordinance; and WHEREAS, at a duly noticed public hearing, held on December 22, 2009, the City Council considered the Planning Commission's recommendation and evidence presented by the Community Development Department and other interested parties regarding the proposed Ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1. That Chapter 19.08 be repealed in its entirety. SECTION 2. That a heading and table of contents for Chapter 19.08 be added as follows: CC December 22, 2009 Item No. 6 Page 33 of 198 Chapter 19.08 WATER EFFICIENT LANDSCAPING Sections: 19.08.010 Model Water Efficient Landscape Ordinance — Adopted. SECTION 3. That Section 19.08.010 of the Lake Elsinore Municipal Code be added as follows: 19.08.010 Model Water Efficient Landscape Ordinance — Adopted. The State of California's Model Water Efficient Landscape Ordinance, codified in the California Code of Regulations, Title 23, sections 490 et seq., as amended from time to time, is hereby adopted. A copy of the Model Water Efficient Landscape Ordinance is on file in the office of the City Clerk and the office of the Community Development Department for use and examination by the public. SECTION 4. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 5. This Ordinance shall take effect thirty (30) days after the date of its final passage. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this 22 day of December 2009. MELISSA A. MELENDEZ, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 34 of 198 APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 6 Page 35 of 198 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2009, and was finally passed at a regular meeting 2009 the the Council of roll City vote: AYES: Elsinore held on the day of by AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 36 of 198 CITY OF LAKE LS I NO RR w • DREAM EXTREME rw REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: TOM WEINER, ACTING DIRECTOR OF COMMUNITY DEVELOPMENT DATE: NOVEMBER 17, 2009 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04; A REQUEST TO REPEAL CHAPTER 19.08 AND ADD A NEW CHAPTER 19.08 REGARDING WATER EFFICIENT LANDSCAPING APPLICANT: CITY OF LAKE ELSINORE: 130 SOUTH MAIN STREET, LAKE ELSINORE, CA 92530 Purpose The purpose of this report is to present information to the Planning Commission regarding Zoning Ordinance Text Amendment No. 2008 -04, which would repeal the existing Chapter 19.08 and add a new Chapter 19.08 regarding water efficient landscaping. The City's Proposed Ordinance would adopt the Local Model Water Efficient Landscape Ordinance (the "Local Model Ordinance ") prepared by the Riverside County Water Task Force ( "Task Force ") and endorsed by the Western Riverside Council of Governments ( "WRCOG "). This Text Amendment change is necessary in order to comply with legislation that requires all cities in California to adopt the State's Model Efficient Landscape Ordinance (the "State Model Ordinance ") or an ordinance that is as effective in the conservation of water as the State Model Ordinance. (California Government Code section 65596(c).) Historical Background In September 1990, California Governor Pete Wilson signed Assembly Bill 325 (AB 325) directing the California Department of Water Resources ( "DWR ") to adopt a State Model Ordinance by January 1, 1992. AB 325 further required that by January 1993 local agencies adopt their own local water efficient landscape ordinance, adopt the State Model Ordinance, or make a statement that due to water availability and other factors, an ordinance was not necessary. An advisory taskforce of interested stakeholders prepared a State Model Ordinance in CC December 22, 2009 Item No. 6 Page 37 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 2 response to AB 325. According to the State Model Ordinance, cities and counties were required to enforce the ordinance as it applied to new and rehabilitated public and private landscapes that required a permit and on developer installed residential landscapes. The State Model Ordinance did not apply to landscapes under 2,500 square -feet, homeowner - installed residential landscapes, cemeteries, registered historical sites and ecological restoration, and mined reclamation areas without permanent irrigation systems. In 1992, the City of Lake Elsinore adopted the State Model Ordinance which was codified into the Municipal Code under Chapter 19.08. In 2004, the State of California passed AB 2717. This bill required the California Urban Water Conservation Council (CUWCC) to convene a stakeholder task force to evaluate and recommend proposals by December 31, 2005, for improving the efficiency of water use in new and existing urban irrigated landscapes in California. Based on this charge, the appointed task force adopted a comprehensive set of 43 recommended changes to the State Model Ordinance. AB 1881 In 2006, the California Legislature passed AB 1881, the Water Efficiency in Landscaping Act of 2006. AB 1881 incorporated many of the 43 recommendations made by the CUWCC. DWR has updated the State Model Ordinance to reflect the revised provisions recommended by CUWCC. AB 1881 requires local agencies, no later than January 1, 2010, to adopt the revised State Model Ordinance or an ordinance that is efficient as or more efficient than the State Model Ordinance in terms of conservation of water. The City's failure to act will result in the State Model Ordinance being automatically imposed. AB 1881 also requires the Energy Commission, in consultation with the DWR, to adopt, by regulation, performance standards and labeling requirements for landscape irrigation equipment, including irrigation controllers, moisture sensors, emission devices, and valves to reduce the wasteful, uneconomic, inefficient, or unnecessary consumption of energy or water. In an effort to assist the City of Lake Elsinore in satisfying its obligations under AB 1881, the Elsinore Valley Municipal Water District (EVMWD) and Western Water District (WWD) generously provided both monetary and professional resource support to staff for the processing and adoption of Zoning Ordinance Text Amendment No. 2008 -04 and a subsequent creation of a City of Lake Elsinore Landscape Guidelines document. The City's Landscape Guidelines will be created after the adoption of the proposed Text Amendment. Public Outreach On Thursday, September 18, 2008, the Planning Division forwarded a copy of the City's Proposed Ordinance to all members of the development community on file with the CC December 22, 2009 Item No. 6 Page 38 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 3 Planning Division, involved outside agencies, and members of the public. Also, staff placed a copy of the City's Proposed Ordinance on the City's home page so that members of the public could download a copy for reference. At a September 30, 2008 informational meeting, the Planning Division presented the City's Proposed Ordinance and fielded questions from members of the development community, members of the public, as well as outside governmental agencies. Questions ranged from: the effective date of the City's Proposed Ordinance, proposed plant and tree palette, applicability of the City's Proposed Ordinance to previously approved projects and specific plans, and types of irrigation required. Staff provided answers and information to the questions presented and the meeting was concluded. Since the September 30, 2008 meeting, staff has not received any questions, comments, or concerns regarding the City's Proposed Ordinance or anything that was discussed at the informational meeting from members of the development community, members of the public, or any outside government agencies. After the September 30, 2008 meeting, staff was notified that DWR would be drafting an "Updated Model Water Ordinance" which was more comprehensive than the original ordinance. At this time, WRCOG notified staff that they were creating a' Water Taskforce," who would be in charge of drafting a model ordinance that meets the restrictions and requirements of DWR's revised ordinance. Therefore, staff postponed bringing forward the Ordinance until WRCOG released its ordinance for local jurisdictions in western Riverside County to adopt. WRCOG'S MODEL ORDINANCE Riverside County agencies expressed an interest in developing an ordinance in lieu of the State's Model Ordinance to better serve the regional needs and circumstances of cities within Western Riverside County. WRCOG asked the Riverside County Water Task Force to prepare a draft model water efficient landscape ordinance for cities within Riverside County. On June 26, 2009, the Water Task Force presented a draft Local Model Ordinance to WRCOG for consideration. WRCOG reviewed and endorsed the proposed Local Model Ordinance and encouraged cities within the WRCOG region to adopt this Local Model Ordinance in satisfaction of AB 1881. The primary benefit of adopting the Local Model Ordinance instead of the State Model Ordinance is that the Local Model Ordinance was drafted to take into consideration the unique needs of Western Riverside County. The Local Model Ordinance would allow for uniform implementation of water efficient landscaping across Riverside County's many jurisdictions. In addition, the Local Model Ordinance would achieve regional economies of scale by minimizing /eliminating the need for cities and counties to have to allocate limited staff resources for the purpose of creating individual ordinances. Furthermore, the Local Model Ordinance eases the burdens and costs on new development by having a single set of standards for the development community to comply with, rather than having a number CC December 22, 2009 Item No. 6 Page 39 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 4 of individual and disparate ordinances that essentially accomplish the same requirements set forth by AB 1881. According to a presentation made by the Task Force to WRCOG, the Local Model Ordinance is just as effective in conserving water as the State Model Ordinance. The Local Model Ordinance builds off of the 2006 Task Force ordinance which was designed to promote water efficiency in landscaping in Riverside County. The Local Model Ordinance eliminates duplicative tasks and promotes regional consistency. The Local Model Ordinance regulates water use on future and existing landscapes. Overall, the Local Model Ordinance ensures water supply. It should be known that the Local Model Ordinance, although drafted for Western Riverside County's needs and circumstances, meets all requirements for water efficiency requirements as outlined in AB 1881. Discussion of the City's Proposed Ordinance As indicated above, staff is requesting that the Planning Commission recommend to the City Council repeal of Lake Elsinore Municipal Code Chapter 19.08 in its entirety. Thereafter, staff is requesting that the Planning Commission recommend to the City Council adoption of a new Chapter 19.08 which will, among other things: • Establish provisions for water management practices and water waste prevention. • Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes without a decline. • Implement the requirements to meet the State of California Water Efficiency in Landscape Act 2006 and the California Code of Regulations Title 23, Division 2, Chapter 2.7. The City's Proposed Ordinance shall be applicable to all new construction landscapes which are homeowner - provided and or homeowner -hired in single - family and multi- family projects with a total project landscape area equal to or greater than 5,000 square feet that require a building or landscape permit, plan checks or design review, and /or all other landscape projects with a landscape area equal to or greater than 2,500 square -feet and subject to discretionary permits, plan checks, design reviews, and /or approvals. Furthermore, to the extent that the City conditions a development project to require the preparation of Covenants, Conditions, and Restrictions ( "CC &Rs "), those CC &Rs shall incorporate a requirement of compliance with Lake Elsinore Municipal Code Chapter 19.08. More specifically, if CC &Rs are required, a condition shall be incorporated into project approval prohibiting the use of water - intensive landscaping and requiring the use of low water use landscaping in connection with common area/open space landscaping. Additionally, such a condition shall require the CC &Rs to incorporate provisions conceming landscape irrigation system management and maintenance. The City's Proposed Ordinance will not require any landscaping in common areas or open space that is intended to remain natural. CC December 22, 2009 Item No. 6 Page 40 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 5 Chapter 19.08 will not to the following types of projects: • Any project with a total landscaped area Tess than 2,500 square feet • Registered local, state or federal historical sites • Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than 3 years • Mined -land reclamation projects that do not require a permanent irrigation system • Botanical gardens and arboretums open to the public. In order to assist in the implementation of Chapter 19.08, the "County of Riverside Guide to Califomia Friendly Landscaping" and applicable attachments (see Attachment 3) (the "County Guide ") will be utilized by City staff. The County Guide will be used until the City creates its own landscape design guidelines. The purpose of the County Guide is to present practical standards for landscape and irrigation design for projects. Additionally, the County Guide is designed to assist landscape architects, irrigation designers, contractors, planners, and the public in the selection of plant materials and irrigation methods. It should be noted that if the City's Proposed Ordinance is adopted, the Planning Division will begin working on City landscape design guidelines which will be tailored solely to the needs and requirements of the City of Lake Elsinore. Those guidelines will come back to you for consideration at a later date. As indicated above, the Water Efficiency in Landscaping Act of 2006 (AB 1881) requires local agencies within California, no later than January 1, 2010, to adopt the updated State Model Ordinance or an ordinance that is as efficient as or more efficient than the State Model Ordinance in terms of conservation of water. According to the information provided to the City by WRCOG and the Riverside County Water Task Force, the Local Model Ordinance is as efficient in the conservation of water as the State's Model Ordinance. Because the City's Proposed Ordinance adopts the Local Model Ordinance, it is also as efficient in the conservation of water as the State's Model Ordinance. Environmental Determination CEQA Pursuant to the California Environmental Quality Act (CEQA), an Initial Study was completed to analyze the potential environmental impacts of the City's Proposed Ordinance. The Initial Study concluded that the City's Proposed Ordinance would have no significant environmental impacts. A Negative Declaration has accordingly been prepared and was initially released for review for public review for a period beginning August 6, 2008 and ending on August 25, 2008. The City only received one (1) comment during the review period (see attachment 4). On August 22, 2008 the Riverside County Flood Control and Water Conservation District provided a letter to the City that they had "no comments" concerning the project or the circulated Negative Declaration. CC December 22, 2009 Item No. 6 Page 41 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 6 Furthermore, on September 3, 2008, staff received a "CEQA Filing Fee No Effect Determination Form" from the Califomia Department of Fish & Game (see attachment 6). CDFG provides jurisdictions this form as an assessment of CEQA filing fees for projects that have no potential effect on fish, wildlife, and habitat. Therefore, the City is not required to pay CDFG CEQA filing fees for Zoning Ordinance Text Amendment No. 2008 -04. Given the amount of time that lapsed between when the Negative Declaration was originally circulated and now, staff circulated the Negative Declaration for a second 20-day review and comment period. That period ran from October 13, 2009 through November 2, 2009. No changes were made to the Negative Declaration from what was originally circulated. On October 27, 2009 the Riverside County Fire Department provided a letter that indicated that they had "no comments" regarding the Negative Declaration for Zoning Ordinance Text Amendment No. 2008 -04 (see attachment 5). MSHCP Amendments of land use and zoning ordinances are exempt from Multi- Species Habitat Conservation Plan (MSHCP) review. Recommendation Staff recommends that the Planning Commission: 1. Adopt Resolution No. 2009- , Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Negative Declaration No. 2008 -11. 2. Adopt Resolution No. 2009- , Resolution of the Planning Commission of the City of Lake Elsinore, California, Recommending to the City Council of the City of Lake Elsinore Approval of Zoning Ordinance Text Amendment No. 2008 -04. Prepared By: Justin Carlso Associate Plan er Approved By: Tom Weiner, 1 ) Acting Director of Community Development Attachments: 1. Planning Commission Resolutions 2. "Draft" Ordinance 3. County of Riverside Guide to California Friendly Landscaping and Attachment A ( "The County of Riverside California Friendly Plant List "). 4. Riverside County Flood Control and Water Conservation District Comment Letter (dated August 26, 2008). 5. Riverside County Fire Department Comment Letter (dated October 27, 2009). CC December 22, 2009 Item No. 6 Page 42 of 198 Text Amendment No. 2008 -04 November 17, 2009 Page 7 6. Califomia Department of Fish and Game "CEQA Filing Fee No Effect Determination Form" (dated September 3, 2008). 7. Negative Declaration and Initial Study. 8. Notice of Intent to Adopt a Negative Declaration. 9. Draft Notice of Determination. CC December 22, 2009 Item No. 6 Page 43 of 198 Page 1 of 4 RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE ADOPTION OF NEGATIVE DECLARATION NO. 2008 -11 FOR ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04 WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the Western Riverside Council of Governments ( "WRCOG ") received from DWR the State's revised model water efficient landscaping ordinance; and WHEREAS, WRCOG commissioned the Riverside County Water Task Force ( "Task Force ") to prepare a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model ordinance but which is addresses the unique climatological, geographical, and other needs of Riverside County; and WHEREAS, the Task Force prepared and WRCOG endorsed a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model; and WHEREAS, WRCOG has encouraged all cities within the WRCOG region to adopt the local water efficient landscape ordinance in order to provide consistency and economy of scale throughout Riverside County with regard to water conservation in landscaping; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the local model ordinance prepared by the Task Force and endorsed by WRCOG ( "the Proposed Amendment"), which is as effective in conserving water as the updated model ordinance adopted by the DWR; and CC December 22, 2009 Item No. 6 Page 44 of 198 PC Resolution No. Page 2 of 4 WHEREAS, the Proposed Amendment is subject to the provisions of the California Environmental Quality Act (Public Resources Code, Sections 21000, et seq.: "CEQA ") and the State Implementation Guidelines for CEQA (14 California Code of Regulations sections 15000, et seq.: "CEQA Guidelines ") because the Proposed Amendment involves an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and involves the issuance of a lease, permit license, certificate, or other entitlement for use by one or more public agencies (Public Resources Code section 21065); and WHEREAS, pursuant to CEQA Guidelines section 15063, the City conducted an Initial Study to determine if the Proposed Amendment would have a significant effect on the environment. Based upon the results of that Initial Study, there was no substantial evidence that the Proposed Amendment or any of its aspects may cause a significant effect on the environment; and WHEREAS, based upon the results of the Initial Study, and based upon the standards set forth in CEQA Guidelines, Section 15070, it was determined appropriate to prepare and circulate Negative Declaration No. 2008 -11; and WHEREAS, pursuant to CEQA Guidelines, Section 15073, on August 4, 2008, the City duly issued a notice of intent to adopt the Negative Declaration; and WHEREAS, the Planning Commission of the City of Lake Elsinore at a regular meeting held on July 21, 2009, made its report upon the desirability of the Proposed Amendment and provided a recommendation to the City Council for adoption of Negative Declaration 2008 -11; and WHEREAS, the Planning Commission of the City of Lake Elsinore has the responsibility for recommending to the City Council of the City of Lake Elsinore adoption of Negative Declarations; and WHEREAS, on November 17, 2009, at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has evaluated all comments, written and oral, received from persons who have reviewed the Negative Declaration. SECTION 2. The Planning Commission has found that the Negative Declaration for the Proposed Amendment is adequate and has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's procedures for implementation of CEQA. The Planning Commission has reviewed and considered the information contained in the Negative Declaration and finds that the Negative Declaration represents the independent judgment of the City. CC December 22, 2009 Item No. 6 Page 45 of 198 PC Resolution No. Page 3 of 4 SECTION 3. The Planning Commission further finds and determines that none of the circumstances listed in CEQA Guidelines Section 15073.5 requiring recirculation of the Negative Declaration are present and that it would be appropriate for the City Council of the City of Lake Elsinore to adopt the Negative Declaration as proposed. SECTION 4. The Planning Commission recommends that the City Council make the following findings regarding the lack of potential environmental impacts of the Proposed Amendment and the analysis and conclusions set forth in the Negative Declaration: 1. Revisions in the Project plans or proposals made by or agreed to by the applicant before a Negative Declaration and Initial Study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur. Based upon the Initial Study conducted for the Proposed Amendment, there is no substantial evidence suggesting that the Proposed Amendment may have a significant effect on the environment. 2. There is no substantial evidence, in the Tight of the whole record before the agency, that the Project as revised may have a significant effect on the environment. Pursuant to the evidence received, and in the light of the whole record presented, the Proposed Amendment will not have a significant effect on the environment. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Planning Commission of the City of Lake Elsinore, California, on this 17th day of November 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development CC December 22, 2009 Item No. 6 Page 46 of 198 PC Resolution No. Page 4 of 4 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Acting Director of Community Development of the City of Lake - Elsinore, California, hereby certify that the Resolution No. 2009- was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 17th day of November by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development CC December 22, 2009 Item No. 6 Page 47 of 198 Page 1 of 19 RESOLUTION NO. 2009- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT NO. 2008 -04 WHEREAS, in 1990, Governor Pete Wilson signed into law Assembly Bill 325, which required that the California Department of Water Resources ( "DWR ") adopt a Model Local Water Efficient Landscape Ordinance by January 1, 1992; and WHEREAS, Assembly Bill 325 further required that local agencies adopt the Model Local Water Efficient Landscape Ordinance or an equivalent ordinance by January 1, 1993; and WHEREAS, in 1992 the City of Lake Elsinore adopted the Model Water Efficient Ordinance, which is codified in Chapter 19.08 of the Lake Elsinore Municipal Code; and WHEREAS, from 1993 to present, the legislature has further developed laws regarding water efficient landscaping and those laws are now codified in what is known as the Water Efficiency in Landscaping Act (Cal. Gov. Code section 65591 et seq.); and WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient Landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the Western Riverside Council of Governments ("WRCOG ") received from DWR the State's revised model water efficient landscaping ordinance; and WHEREAS, WRCOG commissioned the Riverside County Water Task Force ("Task Force ") to prepare a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model ordinance but which is addresses the unique climatological, geographical, and other needs of Riverside County; and CC December 22, 2009 Item No. 6 Page 48 of 198 PC Resolution No. 2009 - Page 2 of 19 WHEREAS, the Task Force prepared and WRCOG endorsed a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model; and WHEREAS, WRCOG has encouraged all cities within the WRCOG region to adopt the local water efficient landscape ordinance in order to provide consistency and economy of scale throughout Riverside County with regard to water conservation in landscaping; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the local model ordinance prepared by the Task Force and endorsed by WRCOG, which is as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, in accordance with Title 14 of the California Code of Regulations, Section 15070, the City of Lake Elsinore prepared a Negative Declaration in connection with Text Amendment No. 2008 -04; and WHEREAS, Section 17.188.050 of the Lake Elsinore Municipal Code provides that the Planning Commission render its recommendation on a Zoning Ordinance Text Amendments, including the reasons for the recommendation, to the City Council; and WHEREAS, at a duly noticed public hearing, held on November 17, 2009, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are hereby incorporated into the body of this Resolution as if fully set forth herein as findings. SECTION 2. In accordance with Government Code Section 65855, the Planning Commission sets forth the following findings for its recommendation that the City Council approve Zoning Ordinance Text Amendment No. 2008 -04: 1. The Proposed Amendment will provide the City staff, the Development Community, and members of the public with the necessary updated guidelines for water efficient landscaping as required by the Water Efficiency in Landscaping Act. 2. The Proposed Amendment is consistent with the current General Plan and will assist in the provision of a well - balanced mix of land uses, including the incorporation of water efficient landscaping throughout the City. 3. The Proposed Amendment does not create new districts. The Proposed Amendment simply revised Chapter 19.08 of the LEMC with an updated water efficient CC December 22, 2009 Item No. 6 Page 49 of 198 PC Resolution No. 2009 - Page 3of 19 landscaping ordinance. Text Amendment No. 2008 -04 is not proposing any new zoning districts that would require General Plan /Zoning Code consistency findings. SECTION 3. Based upon all of the evidence presented by WRCOG and the Task Force, and the above findings, the Planning Commission hereby finds that the proposed ordinance is as effective in conserving water in landscaping as is the State's model ordinance. SECTION 4. The Planning Commission hereby recommends that the City Council of the City of Lake Elsinore repeal Chapter 19.08 in its entirety. SECTION 5. The Planning Commission hereby recommends that the City Council of the City of Lake Elsinore add Chapter 19.08 to the Lake Elsinore Municipal Code as follows: Chapter 19.08 Water Efficient Landscape Requirements Sections: 19.08.010 Short Title. 19.08.020 Purpose and Intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Landscape Documentation Package Requirements. 19.08.060 Project Information. 19.08.070 Planting Plan Requirements. 19.08.080 Irrigation Design Plan Requirements. 19.08.090 Soil Management Plan Requirements. 19.08.100 Grading Design Plan Requirements. 19.08.110 Landscape Irrigation and Maintenance. 19.08.120 Review and Certification of Landscape Documentation Package. 19.08.130 Water Conservation Requirements. 19.08.140 Coordination with Water Purveyors. 19.08.010 Short Title. This Ordinance shall be known as the "Landscape Water Use Efficiency Ordinance ". 19.08.020 Purpose and Intent. It is the intent of the City Council of the City of Lake Elsinore in adopting this Ordinance to: A. Establish provisions for water management practices and water waste prevention; CC December 22, 2009 Item No. 6 Page 50 of 198 PC Resolution No. 2009 - Page 4 of 19 B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of seventy percent (70 %) of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and /or runoff; G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the state of California Water Efficiency in Landscaping Act and the California Code of Regulations Title 23, Division 2, Chapter 2.7. 19.08.030 Definitions. The terms used in this Chapter 19.08 have the meaning set forth below: "backfilling" means to refill an excavation, usually with excavated material. "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "check valve" or "anti -drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. "established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. "Estimated Annual Water Use" or "EAWU" means estimated total water use per year as calculated by the formula contained in Section 19.08.070(L)(14). "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated. CC December 22, 2009 Item No. 6 Page 51 of 198 PC Resolution No. 2009 - Page 5 of 19 "invasive species" are non - indigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi- Species Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this ordinance, invasive species include other locally invasive species as further defined by a City of Lake Elsinore. "landscape architect" means a person who holds a license to practice landscape architecture in the state of California (Gov. Code § 5615). "landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking Tots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). "local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service to customers in the City of Lake Elsinore. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low- volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area. "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.). "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference to evapotranspiration is used as the basis for determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current EvapoTranspiration Zones Map prepared by the California Department of Water Resources. For geographic areas not covered by the EvapoTranspiration Zones Map, data from nearby areas shall be used. "rehabilitated landscapes" means any re- landscaping project that requires a permit, plan check, or design review to which this Chapter 19.08 applies. "special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. CC December 22, 2009 Item No. 6 Page 52 of 198 PC Resolution No. 2009 - Page 6 of 19 "temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater. "WUCOLS" means the publication entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version). 19.08.040 Applicability. A. The water efficient landscape requirements contained in this Chapter 19.08 shall be applicable to all new construction landscapes which are homeowner - provided and or homeowner -hired in single - family and multi - family projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or design review and /or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and /or approvals. B. In the event Covenants, Conditions and Restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water - intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Chapter 19.08 in connection with common area /open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape irrigation system management and maintenance consistent with this Chapter 19.08. This Chapter 19.08 shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low -water use plants. Covenants, Conditions, and Restrictions shall not prohibit the replacement of turf with less water intensive plant species. C. This Chapter 19.08 applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter. D. Recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries shall be required to comply with Section 19.08.110 (A), (B), (C) and Section 19.08.130. Existing cemeteries shall comply with Section 19.08.130. E. The following are exempt from the provisions of this chapter: 1. Any project with a total landscaped area Tess than 2,500 square feet; 2. Registered local, state or federal historical sites; CC December 22, 2009 Item No. 6 Page 53 of 198 PC Resolution No. 2009 - Page 7 of 19 3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of less than 3 years; 4. Mined -land reclamation projects that do not require a permanent irrigation system; and 5. Botanical gardens and arboretums open to the public. 19.08.050 Landscape Documentation Package Requirements. A. An applicant proposing any new or rehabilitated landscape for which this Chapter 19.08 applies shall prepare and submit to the Community Developer Director or his /her designee documentation including, but not limited to, the following: 1. Project Information conforming to Section 19.08.060; 2. Planting Plan conforming to Section 19.08.070; 3. Irrigation Design Plan conforming to Section 19.08.080; 4. Soil Management Plan conforming to Section 19.08.090; and 5. Grading Design Plan conforming to Section 19.08.100. B. An applicant proposing any new landscape that is subject to this Chapter 19.08 and designated for recycled water use, is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor and applicable City department's. All recycled water irrigation systems will be required to comply with the standards of both the local water purveyor and the applicable City Departments' standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor and the City. C. Water systems for common open space areas shall use non - potable water if approved facilities are made available by the water purveyor. Provisions for a non - potable water system shall be provided within the landscape plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the Califomia Regional Water Quality Control Board and the Riverside County Health Department. D. The Planting Plan, Irrigation Plan, and Soils Management Plan shall be reviewed by an independent licensed landscape architect to ensure that all components of the Plans adhere to the requirements of this Ordinance. The licensed landscape architect shall sign the Plans verifying that the Plans comply with this Ordinance. Any Plans submitted without the signature of a licensed landscape architect shall not be accepted for review. CC December 22, 2009 Item No. 6 Page 54 of 198 PC Resolution No. 2009 - Page 8 of 19 19.08.060 Project Information. A. The applicant shall complete and submit to the Community Development Director or his /her designee, a project information sheet containing, at a minimum, the following information: 1. The date that the project information sheet is submitted 2. The applicant's name and the applicant's contact information 3. The project owner and the project owner's contact information 4. The project address including parcel and lot numbers 5. Total landscape area (sq. ft.) 6. Project type (e.g., new, rehabilitated, public, private) 7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. 8. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." 19.08.070. Planting Plan Requirements. A. The "Riverside County Guide to California Friendly Landscaping" ( "County Landscape Guide ") is hereby incorporated by reference to assist with developing water efficient landscapes. Planting Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), Planting Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together with regard to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. C. Trees for shade shall be provided for residential, commercial and industrial buildings, parking Tots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. D. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. CC December 22, 2009 Item No. 6 Page 55 of 198 PC Resolution No. 2009 - Page 9 of 19 E. Plant selection for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Fire -prone plant materials and highly flammable mulches shall be avoided. F. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in to environmentally sensitive areas. G. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3 ") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches ( W). H. Stabilizing mulching products shall be used on slopes. 1. Turf areas shall be used in response to functional needs and in compliance with the water budget. J. Decorative water features shall use re- circulating water systems. K. Where available, recycled water shall be used as the source for irrigation and decorative water features. L. Planting Plans shall identify and site the following: a. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; b. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; c. Designation of hydrozones; d. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; e. Property lines, streets, and street names; f. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; g. Appropriate scale and north arrow; h. Any special landscape areas; i. Type of mulch and application depth; j. Type and surface area of any water features; CC December 22, 2009 Item No. 6 Page 56 of 198 PC Resolution No. 2009 - Page 10 of 19 k. Type and installation details of any applicable stormwater best management practices; I. Planting specifications and details, including the recommendations from the soils analysis, if applicable. m. Maximum Applied Water Allowance: i. The following Water Budget Formula shall be used to determine the Maximum Applied Water Allowance: MAWA (in gallons) = (ETo) (0.62) [0.7 x LA +0.3 x SLA] where ETo is reference evapotranspiration SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet ii. For the purposes of determining the Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. n. Estimated Annual Water Use (EAWU): i. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ETo)(0.62)1((PFxHA) /lE) +SLA] where ETo is reference evapotranspiration PF is Plant Factor HA is hydrozone area in square feet IE is irrigation efficiency (minimum 0.71) SLA is the amount of special landscape area in square feet ii. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project. CC December 22, 2009 Item No. 6 Page 57 of 198 PC Resolution No. 2009 - Page 11 of 19 The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0. iv. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. v. The surface area of a water features shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. M. Planting Plans and Irrigation Plans (defined in Section 19.08.080) shall be drawn at the same size and scale. N. The Planting Plan shall be prepared by a Landscape Architect licensed by the State of California. 19.08.080 Irrigation Design Plan Requirements. A. The Landscape Guide shall be used by the applicant to assist in designing, constructing, and maintaining an efficient irrigation system. Irrigation Design Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City Landscape Guide, Irrigation Design Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. C. All irrigation systems shall be designed to prevent runoff, over - spray, low- head drainage and other similar conditions where water flows off -site on to adjacent property, non - irrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. D. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and /or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Director of Community Development or his /her designee. CC December 22, 2009 Item No. 6 Page 58 of 198 PC Resolution No. 2009 - Page 12 of 19 E. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non - potable water system shall be provided within the Irrigation Plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. F. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. All installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the County Landscaping Guide or City Landscaping Guide, whichever is in effect at the time that the application is deemed complete. G. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. H. The capacity of the irrigation system shall not exceed: a. the capacity required for peak water demand based on water budget calculations; b. meter capacity; or c. backflow preventer type and device capacity. I. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer. J. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. K. Non -turf areas on slopes greater than 25% shall be irrigated with drip irrigation or other low volume irrigation technology. L. Long- narrow, or irregularly shaped area including turf less than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low- volume irrigation technology. M. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs. N. Overhead irrigation shall be limited to the hours of 8 p.m. to 9 a.m. O. All irrigation systems shall be equipped with the following: CC December 22, 2009 Item No. 6 Page 59 of 198 PC Resolution No. 2009 - Page 13 of 19 1. A smart irrigation controller as defined in Section 19.08.080(D); 2. A rain sensing device to prevent irrigation during rainy weather; 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut -off valve as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; 5. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and 7. Riser protection components for all risers in high traffic areas. P. Dedicated landscape meters shall be required for all projects greater than 2,500 sq. ft. except single - family residences. Q. Irrigation Design Plans shall identify and site the following: 1. Hydrozones. i. Each hydrozone shall be designated by number, letter or other designation. ii. A Hydrozone Information Table shall be prepared for each hydrozone. 2. The areas irrigated by each valve; 3. Irrigation point of connection (POC) to the water system; 4. Static water pressure at POC; 5. Location and size of water meter(s), service laterals, and backflow preventers; 6. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; 7. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; 8. Precipitation rate (inches per hour) for each overhead spray circuit: CC December 22, 2009 Item No. 6 Page 60 of 198 PC Resolution No. 2009 - Page 14 of 19 9. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols all irrigation equipment with different spray patterns, spray radius, and precipitation rate; 10. Irrigation system details for assembly and installation; 11. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and 12. Irrigation Design Plans shall contain the following statement, "I agree to comply with the criteria of Chapter 19.08 of the Lake Elsinore Municipal Code and to apply them for the efficient use of water in the Irrigation Design Plan." R. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. S. Irrigation Plans and Planting Plans (as required by Section 19.08.070 above) shall be drawn at the same size and scale. 19.08.090 Soil Management Plan Requirements. A. After mass grading, the project applicant or his /her designee shall: a. perform a preliminary site inspection; b. determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); c. conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and d. obtain appropriate soil samples(s). B. The project applicant or his /her designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate tables; 3. pH; 4. total soluble salts; CC December 22, 2009 Item No. 6 Page 61 of 198 PC Resolution No. 2009 - Page 15 of 19 5. sodium; and 6. recommendations. C. The project applicant or his /her designee shall prepare documentation describing the following: 1. soil type; 2. identification of limiting soil characteristics; 3. identification of planned soil management actions to remediate limiting soil characteristics; and D. The project applicant or his /her designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or his /her designee pursuant to the requirement of Section 19.08.120(C). 19.08.100 Grading Design Plan Requirements. If applicable, the Landscape Documentation Package shall include rough /precise grade elevation prepared for the project by a licensed civil engineer. 19.08.110 Landscape Irrigation and Maintenance. A. This section applies to all landscape projects subject to this Chapter 19.08. B. The County Landscape Guide shall be used by the applicant to assist in implementing landscape maintenance to ensure water use efficiency. Landscape maintenance shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), landscape maintenance shall be, to the extent feasible, consistent with the City Landscape Guide. C. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporates the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. D. A regular maintenance schedule and Certificate of Completion shall be submitted to the Director of Community Development or designee, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, CC December 22, 2009 Item No. 6 Page 62 of 198 PC Resolution No. 2009 - Page 16 of 19 routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent. E. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter 19.08. F. Information shall be provided to owners of new, single - family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. 19.08.120 Review and Certification of Landscape Documentation Package. A. The Director of Community Development or his /her designee shall have the duty and authority to administer and enforce this Landscape Water Use Efficiency Ordinance. B. Upon submission by an applicant of a Landscape Documentation Package pursuant to Section 19.08.040 above, the City shall: 1. Provide the project applicant with a copy of this Chapter 19.08 and procedures for permits, plan checks, or design reviews. 2. Review the Landscape Documentation Package submitted by the project applicant; 3. Approve or reject the Landscape Documentation Package; and 4. Issue a permit or approve the plan check or design review for the project applicant. C. Certificate of Completion. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this ordinance, a regular maintenance schedule and a Certificate of Completion shall be submitted to the Director of Community Development or his /her designee certifying that the landscaping has been completed in accordance with the approved Planting, Irrigation, Soil Management, and Grading Design plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall include: 1. The date of the inspection 2. The following project information: a. Project name b. Project applicant name, telephone, mailing address CC December 22, 2009 Item No. 6 Page 63 of 198 PC Resolution No. 2009 - Page 17 of 19 c. Project address and location d. Property owner name and mailing address 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the Certificate of Completion). 4. A statement that the landscaping has been installed in conformance with the approved Planting and Irrigation Plans. 5. An irrigation audit report performed by a certified irrigation auditor after project installation (the audit report shall be attached to the Certificate of Completion). 6. A statement that the smart irrigation controller has been set according to the irrigation schedule. 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff. 8. A statement confirming that a copy of the approved Landscape Documentation Package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. D. At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. E. The Director of Community Developer or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this Ordinance. 19.08.130 Water Conservation Requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A. Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 am and 5:00 pm on any day, except by use of a hand -held bucket or similar container, a hand- held hose quipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 pm to 9:00 am. CC December 22, 2009 Item No. 6 Page 64 of 198 PC Resolution No. 2009 - Page 18 of 19 B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a low- volume, high - pressure cleaning machine equipped to recycle any water used, or a low- volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, Toss or escape of water through breaks, leaks or other malfunctions in the water. (i) 19.08.140 Coordination with Water Purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure B. Allocation -based conservation water pricing structure C. A rate structure at least as effective as the above options D. Irrigation audits and /or irrigation surveys E. Penalties for water waste. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Acting Director of Community Development CC December 22, 2009 Item No. 6 Page 65 of 198 PC Resolution No. 2009 - Page 19 of 19 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, Califomia, hereby certify that Resolution No. was adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 17th day of November 2009, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Tom Weiner Acting Director of Community Development CC December 22, 2009 Item No. 6 Page 66 of 198 Page 1 of 19 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REPEALING CHAPTER 19.08 AND ADDING CHAPTER 19.08 REGARDING WATER EFFICIENT LANDSCAPE REQUIREMENTS WHEREAS, in 1990, Governor Pete Wilson signed into law Assembly Bill 325, which required that the California Department of Water Resources ("DWR") adopt a Model Local Water Efficient Landscape Ordinance by January 1, 1992; and WHEREAS, Assembly Bill 325 further required that local agencies adopt the Model Local Water Efficient Landscape Ordinance or an equivalent ordinance by January 1, 1993; and WHEREAS, in 1992 the City of Lake Elsinore adopted the Model Water Efficient Ordinance, which is codified in Chapter 19.08 of the Lake Elsinore Municipal Code; and WHEREAS, from 1993 to present, the legislature has further developed laws regarding water efficient landscaping and those laws are now codified in what is known as the Water Efficiency in Landscaping Act (Cal. Gov. Code section 65591 et seq.); and WHEREAS, the Water Efficiency in Landscaping Act requires that in 2009 DWR update and circulate a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, the Water Efficiency in Landscaping Act further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the DWR or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, consistent with the Water Efficiency in Landscaping Act, DWR has prepared a revised model water efficient landscaping ordinance and has provided the document to local agencies to consider for adoption; and WHEREAS, the Western Riverside Council of Governments ("WRCOG ") received from DWR the State's revised model water efficient landscaping ordinance; and WHEREAS, WRCOG commissioned the Riverside County Water Task Force ( "Task Force ") to prepare a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model ordinance but which is addresses the unique climatological, geographical, and other needs of Riverside County; and CC December 22, 2009 Item No. 6 Page 67 of 198 Ordinance No. Page 2 of 19 WHEREAS, the Task Force prepared and WRCOG endorsed a local model water efficient landscape ordinance that is as effective in the conservation of water as the State's model; and WHEREAS, WRCOG has encouraged all cities within the WRCOG region to adopt the local water efficient landscape ordinance in order to provide consistency and economy of scale throughout Riverside County with regard to water conservation in landscaping; and WHEREAS, the City desires to repeal Chapter 19.08 of the Lake Elsinore Municipal Code and to adopt in its place the local model ordinance prepared by the Task Force and endorsed by WRCOG, which is as effective in conserving water as the updated model ordinance adopted by the DWR; and WHEREAS, in accordance with Title 14 of the Califomia Code of Regulations, Section 15070, the City of Lake Elsinore prepared a Negative Declaration in connection with Text Amendment No. 2008 -04; and WHEREAS, at a duly noticed public hearing, held on , 2009, the City Council considered the recommendation of the Planning Commission, evidence presented by the Community Development Department, and comments and testimony presented by other interested parties with respect to this item. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That Chapter 19.08 of the Lake Elsinore Municipal Code is hereby repealed in its entirety. SECTION 2. That Chapter 19.08 of the Lake Elsinore Municipal Code shall be added as follows: Chapter 19.08 Water Efficient Landscape Requirements Sections: 19.08.010 Short Title. 19.08.020 Purpose and Intent. 19.08.030 Definitions. 19.08.040 Applicability. 19.08.050 Landscape Documentation Package Requirements. 19.08.060 Project Information. 19.08.070 Planting Plan Requirements. 19.08.080 Irrigation Design Plan Requirements. 19.08.090 Soil Management Plan Requirements. 19.08.100 Grading Design Plan Requirements. CC December 22, 2009 Item No. 6 Page 68 of 198 Ordinance No. Page 3 of 19 19.08.110 Landscape Irrigation and Maintenance. 19.08.120 Review and Certification of Landscape Documentation Package. 19.08.130 Water Conservation Requirements. 19.08.140 Coordination with Water Purveyors. 19.08.010 Short Title. This Ordinance shall be known as the "Landscape Water Use Efficiency Ordinance ". 19.08.020 Purpose and Intent. It is the intent of the City Council of the City of Lake Elsinore in adopting this Ordinance to: A. Establish provisions for water management practices and water waste prevention; B. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects; C. To reduce the water demands from landscapes without a decline in landscape quality or quantity; D. To retain flexibility and encourage creativity through appropriate design; E. To assure the attainment of water efficient landscape goals by requiring that landscapes not exceed a maximum water demand of seventy percent (70 %) of its reference evapotranspiration (ETo) or any lower percentage as may be required by water purveyor policy or state legislation, whichever is stricter; F. To eliminate water waste from overspray and /or runoff; G. To achieve water conservation by raising the public awareness of the need to conserve water through education and motivation to embrace an effective water demand management program; and H. To implement the requirements to meet the state of California Water Efficiency in Landscaping Act and the California Code of Regulations Title 23, Division 2, Chapter 2.7. 19.08.030 Definitions. The terms used in this Chapter 19.08 have the meaning set forth below: "backfilling" means to refill an excavation, usually with excavated material. CC December 22, 2009 Item No. 6 Page 69 of 198 Ordinance No. Page 4 of 19 "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. "check valve" or "anti -drain valve" means a valve located under a sprinkler head or other location in the irrigation system to hold water in the system to prevent drainage from the sprinkler heads when the system is off. "established landscape" means the point at which plants in the landscape have developed significant root growth into the site. Typically, most plants are established after one or two years of growth. "Estimated Annual Water Use" or "EAWU" means estimated total water use per year as calculated by the formula contained in Section 19.08.070(L)(14). "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated. "invasive species" are non - indigenous species (e.g., plants or animals) that adversely affect the habitats they invade economically, environmentally, or ecologically. Lists of invasive species are included within the Western Riverside County Multi - Species Habitat Conservation Plan (incorporated by reference). In addition, for the purposes of this ordinance, invasive species include other locally invasive species as further defined by a City of Lake Elsinore. "landscape architect" means a person who holds a license to practice landscape architecture in the state of California (Gov. Code § 5615). "landscaped area" or "LA" means all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance (MAWA) calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or impervious hardscapes, and other non - irrigated areas designated for non - development (e.g., open spaces and existing native vegetation). "local water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service to customers in the City of Lake Elsinore. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low- volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. "Maximum Applied Water Allowance" or "MAWA" means the upper limit of annual applied water allowed for the established landscaped area. CC December 22, 2009 Item No. 6 Page 70 of 198 Ordinance No. Page 5 of 19 "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.). "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year. Reference to evapotranspiration is used as the basis for determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated. Reference evapotranspiration numbers shall be taken from the most current EvapoTranspiration Zones Map prepared by the California Department of Water Resources. For geographic areas not covered by the EvapoTranspiration Zones Map, data from nearby areas shall be used. "rehabilitated landscapes" means any re- landscaping project that requires a permit, plan check, or design review to which this Chapter 19.08 applies. "special landscape area" means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and publicly accessible areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing field or where turf is needed for high traffic activities. "temporarily irrigated" means irrigation for the purposes of establishing plants, or irrigation which will not continue after plant establishment. Temporary irrigation is for a period of six months or less. "water intensive landscaping" means a landscape with a WUCOLS plant factor of 0.7 or greater. "WUCOLS" means the publication entitled "Water Use Classification of Landscape Species" by the U.C. Cooperative Extension (1999 or most current version). 19.08.040 Applicability. A. The water efficient landscape requirements contained in this Chapter 19.08 shall be applicable to all new construction landscapes which are homeowner - provided and or homeowner -hired in single - family and multi - family projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan checks or design review and /or all other landscape projects with a landscape area equal to or greater than 2,500 square feet subject to discretionary permits, plan checks, design reviews, and /or approvals. B. In the event Covenants, Conditions and Restrictions are required by the City of Lake Elsinore for any permit issued in accordance with the Lake Elsinore Municipal Code, a condition shall be incorporated into any project approval prohibiting the use of water- intensive landscaping and requiring the use of low water use landscaping pursuant to the provisions of this Chapter 19.08 in connection with common area /open space landscaping. Additionally, such a condition shall also require the Covenants, Conditions and Restrictions to incorporate provisions concerning landscape CC December 22, 2009 Item No. 6 Page 71 of 198 Ordinance No. Page 6 of 19 irrigation system management and maintenance consistent with this Chapter 19.08. This Chapter 19.08 shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural. Covenants, Conditions, and Restrictions shall not prohibit use of low -water use plants. Covenants, Conditions, and Restrictions shall not prohibit the replacement of turf with Tess water intensive plant species. C. This Chapter 19.08 applies to existing properties with landscape areas one acre or greater in size or properties served by a dedicated landscape irrigation meter. D. Recognizing the special landscape needs of cemeteries, new and rehabilitated cemeteries shall be required to comply with Section 19.08.110 (A), (B), (C) and Section 19.08.130. Existing cemeteries shall comply with Section 19.08.130. E. The following are exempt from the provisions of this chapter: 1. Any project with a total landscaped area less than 2,500 square feet; 2. Registered local, state or federal historical sites; 3. Ecological restoration projects that do not require a permanent irrigation system and have an establishment period of Tess than 3 years; 4. Mined -land reclamation projects that do not require a permanent irrigation system; and 5. Botanical gardens and arboretums open to the public. 19.08.050 Landscape Documentation Package Requirements. A. An applicant proposing any new or rehabilitated landscape for which this Chapter 19.08 applies shall prepare and submit to the Community Developer Director or his /her designee documentation including, but not limited to, the following: 1. Project Information conforming to Section 19.08.060; 2. Planting Plan conforming to Section 19.08.070; 3. Irrigation Design Plan conforming to Section 19.08.080; 4. Soil Management Plan conforming to Section 19.08.090; and 5. Grading Design Plan conforming to Section 19.08.100. B. An applicant proposing any new landscape that is subject to this Chapter 19.08 and designated for recycled water use, is advised that recycled water irrigation systems will entail additional coordination with the local water purveyor and applicable CC December 22, 2009 Item No. 6 Page 72 of 198 Ordinance No. Page 7 of 19 City department's. All recycled water irrigation systems will be required to comply with the standards of both the local water purveyor and the applicable City Departments' standards, approvals, and implementation requirements. Therefore, applicants shall consult with the appropriate water purveyor early in the development review process to ensure that future recycled water facilities meet the projected demand and that subsequent landscape plans comply with the applicable standards, approvals, and implementation requirements of the local water purveyor and the City. C. Water systems for common open space areas shall use non - potable water if approved facilities are made available by the water purveyor. Provisions for a non - potable water system shall be provided within the landscape plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the California Regional Water Quality'Control Board and the Riverside County Health Department. D. The Planting Plan, Irrigation Plan, and Soils Management Plan shall be reviewed by an independent licensed landscape architect to ensure that all components of the Plans adhere to the requirements of this Ordinance. The licensed landscape architect shall sign the Plans verifying that the Plans comply with this Ordinance. Any Plans submitted without the signature of a licensed landscape architect shall not be accepted for review. 19.08.060 Project Information. A. The applicant shall complete and submit to the Community Development Director or his /her designee, a project information sheet containing, at a minimum, the following information: 1. The date that the project information sheet is submitted 2. The applicant's name and the applicant's contact information 3. The project owner and the project owner's contact information 4. The project address including parcel and lot numbers 5. Total landscape area (sq. ft.) 6. Project type (e.g., new, rehabilitated, public, private) 7. Water supply (e.g., potable, well, recycled). Use of recycled water is encouraged. 8. Applicant signature and date with statement "I agree to comply with the requirements of Chapter 19.08 of the Lake Elsinore Municipal Code, as amended from time to time, and to submit a complete Landscape Documentation Package." CC December 22, 2009 Item No. 6 Page 73 of 198 Ordinance No. Page 8 of 19 19.08.070. Planting Plan Requirements. A. The "Riverside County Guide to Califomia Friendly Landscaping" ( "County Landscape Guide ") is hereby incorporated by reference to assist with developing water efficient landscapes. Planting Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), Planting Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Plant types shall be grouped together with regard to their water, soil, sun and shade requirements and in relationship to the buildings. Plants with different water needs shall be irrigated separately. Plants with the following classifications shall be grouped accordingly: high and moderate, moderate and low, low and very low. Deviation from these groupings shall not be permitted. C. Trees for shade shall be provided for residential, commercial and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation. D. Plants shall be placed in a manner considerate of solar orientation to maximize summer shade and winter solar gain. E. Plant selection for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Fire -prone plant materials and highly flammable mulches shall be avoided. F. Invasive species of plants shall be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in to environmentally sensitive areas. G. All exposed surfaces of non -turf areas within the developed landscape area shall be mulched with a minimum three inch (3 ") layer of material, except in areas with groundcover planted from flats where mulch depth shall be one and one half inches (1 W). H. Stabilizing mulching products shall be used on slopes. I. Turf areas shall be used in response to functional needs and in _ compliance with the water budget. J. Decorative water features shall use re- circulating water systems. K. Where available, recycled water shall be used as the source for irrigation and decorative water features. CC December 22, 2009 Item No. 6 Page 74 of 198 Ordinance No. Page 9 of 19 L. Planting Plans shall identify and site the following: 1. New and existing trees, shrubs, ground covers, and turf areas within the proposed landscape area; 2. Planting legend indicating all plant species by botanical name and common name, spacing, and quantities of each type of plant by container size; 3. Designation of hydrozones; 4. Area, in square feet, devoted to landscaping and a breakdown of the total area by landscape hydrozones; 5. Property lines, streets, and street names; 6. Building locations, driveways, sidewalks, retaining walls, and other hardscape features; 7. Appropriate scale and north arrow; 8. Any special landscape areas; 9. Type of mulch and application depth; 10. Type and surface area of any water features; 11. Type and installation details of any applicable stormwater best management practices; 12. Planting specifications and details, including the recommendations from the soils analysis, if applicable. 13. Maximum Applied Water Allowance: a. The following Water Budget Formula shall be used to determine the Maximum Applied Water Allowance: MAWA (in gallons) = (ETo) (0.62) [0.7 x LA +0.3 x SLA] where ETo is reference evapotranspiration SLA is the amount of special landscape area in square feet LA is total landscape area (including the SLA) in square feet b. For the purposes of determining the Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems CC December 22, 2009 Item No. 6 Page 75 of 198 Ordinance No. Page 10 of 19 shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. 14. Estimated Annual Water Use (EAWU): a. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) = (ETo)(0.62)[((PFxHA) /IE) +SLA] where ETo is reference evapotranspiration PF is Plant Factor HA is hydrozone area in square feet IE is irrigation efficiency (minimum 0.71) SLA is the amount of special landscape area in square feet b. Landscaping plans shall provide EAWU (in the same units as the MAWA) for each valve circuit in the irrigation hydrozone. The sum of all EAWU calculations shall not exceed the MAWA for the project. c. The plant factor used shall be from WUCOLS. The plant factor for low water use plants range from 0 to 0.3, for moderate water use plants range from 0.4 to 0.6, and for high water use plants range from 0.7 to 1.0. d. The plant factor calculation is based on the proportions of the respective plant water uses and their plant factor, or the plant factor of the higher water using plant is used. e. The surface area of a water features shall be included in the high water use hydrozone area of the water budget calculation and temporarily irrigated areas in the low water use hydrozone. M. Planting Plans and Irrigation Plans (defined in Section 19.08.080) shall be drawn at the same size and scale. N. The Planting Plan shall be prepared by a Landscape Architect licensed by the State of California. 19.08.080 Irrigation Design Plan Requirements. A. The Landscape Guide shall be used by the applicant to assist in designing, constructing, and maintaining an efficient irrigation system. Irrigation Design Plans shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City Landscape Guide, CC December 22, 2009 Item No. 6 Page 76 of 198 Ordinance No. Page 11 of 19 Irrigation Design Plans shall be, to the extent feasible, consistent with the City Landscape Guide. B. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average irrigation efficiency of 0.71. C. All irrigation systems shall be designed to prevent runoff, over - spray, tow- head drainage and other similar conditions where water flows off -site on to adjacent property, non- irrigated areas, walks, roadways, or structures. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. D. Landscaped areas shall be provided with a smart irrigation controller which automatically adjusts the frequency and /or duration of irrigation events in response to changing weather conditions unless the use of the property would otherwise prohibit use of a timer. The planting areas shall be grouped in relation to moisture control zones based on similarity of water requirements (e.g., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope). Additional water conservation technology may be required, where necessary, at the discretion of the Director of Community Development or his /her designee. E. Water systems for common open space areas shall use non - potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non - potable water system shall be provided within the Irrigation Plan. Water systems designed to utilize non - potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board and the Riverside County Health Department. F. Separate valves shall be provided for separate water use planting areas, so that plants with similar water needs are irrigated by the same irrigation valve. AU installations shall rely on highly efficient state of the art irrigation systems to eliminate runoff and maximize irrigation efficiency as required by the County Landscaping Guide or City Landscaping Guide, whichever is in effect at the time that the application is deemed complete. G. Static water pressure, dynamic or operating pressure and flow reading of the water supply shall be measured. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at the installation. H. The capacity of the irrigation system shall not exceed: 1. the capacity required for peak water demand based on water budget calculations; CC December 22, 2009 Item No. 6 Page 77 of 198 Ordinance No. Page 12 of 19 2. meter capacity; or 3. backflow preventer type and device capacity. I• Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer. J. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. K. Non -turf areas on slopes greater than 25% shall be irrigated with drip irrigation or other low volume irrigation technology. L. Long- narrow, or irregularly shaped area including turf Tess than eight (8) feet in width in any direction shall be irrigated with subsurface irrigation or low- volume irrigation technology. M. Overhead irrigation shall not be permitted within 24 inches of any non - permeable surface. There are no restrictions on the irrigation system type if the landscape area is adjacent to permeable surfacing and no overspray and runoff occurs. N. Overhead irrigation shall be limited to the hours of 8 p.m. to 9 a.m. O. All irrigation systems shall be equipped with the following: 1. A smart irrigation controller as defined in Section 19.08.080(D); 2. A rain sensing device to prevent irrigation during rainy weather; 3. Anti -drain check valves installed at strategic points to minimize or prevent low -head drainage; 4. A manual shut -off valve as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency or routine repair; 5. A pressure regulator when the static water pressure is above or below the recommended operating pressure of the irrigation system; 6. Backflow prevention devices; and 7. Riser protection components for all risers in high traffic areas. P. Dedicated landscape meters shall be required for all projects greater than 2,500 sq. ft. except single - family residences. Q. Irrigation Design Plans shall identify and site the following: 1. Hydrozones. CC December 22, 2009 Item No. 6 Page 78 of 198 Ordinance No. Page 13 of 19 a. Each hydrozone shall be designated by number, letter or other designation. b. A Hydrozone Information Table shall be prepared for each hydrozone. 2. The areas irrigated by each valve; 3. Irrigation point of connection (POC)*to the water system; 4. Static water pressure at POC; 5. Location and size of water meter(s), service laterals, and backflow preventers; 6. Location, size, and type of all components of the irrigation system, including automatic controllers, main and lateral lines, valves, sprinkler heads and nozzles, pressure regulator, drip and low volume irrigation equipment; 7. Total flow rate (gallons per minute), and design operating pressure (psi) for each overhead spray and bubbler circuit, and total flow rate (gallons per hour) and design operating pressure (psi) for each drip and low volume irrigation circuit; 8. Precipitation rate (inches per hour) for each overhead spray circuit; 9. Irrigation legend with the manufacturer name, model number, and general description for all specified equipment, separate symbols all irrigation equipment with different spray patterns, spray radius, and precipitation rate; 10. Irrigation system details for assembly and installation; 11. Recommended irrigation schedule for each month, including number of irrigation days per week, number of start times (cycles) per day, minutes of run time per cycle, and estimated amount of applied irrigation water, expressed in gallons per month and gallons per year, for the established landscape; and 12. Irrigation Design Plans shall contain the following statement, "I agree to comply with the criteria of Chapter 19.08 of the Lake Elsinore Municipal Code and to apply them for the efficient use of water in the Irrigation Design Plan." R. For each valve, two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporate the specific water needs of the plants and turf throughout the calendar year. S. Irrigation Plans and Planting Plans (as required by Section 19.08.070 above) shall be drawn at the same size and scale. CC December 22, 2009 Item No. 6 Page 79 of 198 Ordinance No. Page 14 of 19 19.08.090 Soil Management Plan Requirements. A. After mass grading, the project applicant or his /her designee shall: 1. perform a preliminary site inspection; 2. determine the appropriate level of soil sampling and sampling method needed to obtain representative soil sample(s); 3. conduct a soil probe test to determine if the soil in the landscape area has sufficient depth to support the intended plants; and 4. obtain appropriate soil samples(s). B. The project applicant or his /her designee shall submit soil sample(s) to laboratory for analysis and recommendation. The soil analysis shall include, to the extent applicable: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate tables; 3. pH; 4. total soluble salts; 5. sodium; and 6. recommendations. C. The project applicant or his /her designee shall prepare documentation describing the following: 1. soil type; 2. identification of limiting soil characteristics; 3. identification of planned soil management actions to remediate limiting soil characteristics; and D. The project applicant or his /her designee shall submit the soil analysis report and documentation verifying implementation of soil analysis report recommendations to the Director of Community Development or his /her designee pursuant to the requirement of Section 19.08.120(C). CC December 22, 2009 Item No. 6 Page 80 of 198 Ordinance No. Page 15 of 19 19.08.100 Grading Design Plan Requirements. If applicable, the Landscape Documentation Package shall include rough /precise grade elevation prepared for the project by a licensed civil engineer. 19.08.110 Landscape Irrigation and Maintenance. A. This section applies to all landscape projects subject to this Chapter 19.08. B. The County Landscape Guide shall be used by the applicant to assist in implementing landscape maintenance to ensure water use efficiency. Landscape maintenance shall be, to the extent feasible, consistent with the County Landscape Guide or, upon adoption, the City Landscape Guide. Upon adoption of the City of Lake Elsinore Guide to California Friendly Landscaping ( "City Landscape Guide "), landscape maintenance shall be, to the extent feasible, consistent with the City Landscape Guide. C. Two irrigation schedules shall be prepared, one for the initial establishment period of six months and one for the established landscape, which incorporates the specific water needs of the plants and turf throughout the calendar year. The irrigation schedule shall take into account the particular characteristics of the soil; shall be continuously available on site to those responsible for the landscape maintenance; and shall contain specifics as to optimum run time and frequency of watering, and irrigation hours per day. The schedule currently in effect shall be posted at the controller. D. A regular maintenance schedule and Certificate of Completion shall be submitted to the Director of Community Development or designee, property owner, and water purveyor. A regular maintenance schedule shall include, but not be limited to, routine inspection, adjustments, and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all landscape areas and removing any obstruction to irrigation devices. Repair of all irrigation equipment shall be done with the originally installed components or equivalent. E. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter 19.08. F. Information shall be provided to owners of new, single - family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. 19.08.120 Review and Certification of Landscape Documentation Package. A. The Director of Community Development or his /her designee shall have the duty and authority to administer and enforce this Landscape Water Use Efficiency Ordinance. CC December 22, 2009 Item No. 6 Page 81 of 198 Ordinance No. Page 16 of 19 B. Upon submission by an applicant of a Landscape Documentation Package pursuant to Section 19.08.040 above, the City shall: 1. Provide the project applicant with a copy of this Chapter 19.08 and procedures for permits, plan checks, or design reviews. 2. Review the Landscape Documentation Package submitted by the project applicant; 3. Approve or reject the Landscape Documentation Package; and 4. Issue a permit or approve the plan check or design review for the project applicant. C. Certificate of Completion. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this ordinance, a regular maintenance schedule and a Certificate of Completion shall be submitted to the Director of Community Development or his /her designee certifying that the landscaping has been completed in accordance with the approved Planting, Irrigation, Soil Management, and Grading Design plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall include: 1. The date of the inspection 2. The following project information: a. Project name b. Project applicant name, telephone, mailing address c. Project address and location d. Property owner name and mailing address 3. A statement that prior to backfilling, evidence that the party responsible for irrigation installation conducted a preliminary field inspection of the irrigation system (evidence of field inspection shall be attached to the Certificate of Completion). 4. A statement that the landscaping has been installed in conformance with the approved Planting and Irrigation Plans. 5. An irrigation audit report performed by a certified irrigation auditor after project installation (the audit report shall be attached to the Certificate of Completion). 6. A statement that the smart irrigation controller has been set according to the irrigation schedule. CC December 22, 2009 Item No. 6 Page 82 of 198 Ordinance No. Page 17 of 19 7. A statement that the irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff. 8. A statement confirming that a copy of the approved Landscape Documentation Package, the irrigation schedule, and the maintenance schedule has been given to the property owner and local water purveyor. 9. Verification that the maintenance schedule has been provided to the Director of Community Development or designee. D. At a minimum, all landscape irrigation audits shall comply with the "Irrigation Association Certified Landscape Irrigation Auditor Training Manual" (2004 or most current) and shall be conducted by a certified landscape irrigation auditor. E. The Director of Community Developer or designee shall have the right to enter upon the project site at any time before, during and after installation of the landscaping, to conduct inspections for the purpose of enforcing this Ordinance. 19.08.130 Water Conservation Requirements. The following water conservation requirements are intended to avoid water waste, are effective at all times, and are permanent: A. Limits on Watering Hours. Watering or irrigation of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 9:00 am and 5:00 pm on any day, except by use of a hand -held bucket or similar container, a hand- held hose quipped with a positive self - closing water shut -off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Overhead irrigation shall be limited to the hours of 8:00 pm to 9:00 am. B. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited. C. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand -held bucket or similar container, a hand -held hose equipped with a positive self - closing water shut -off device, a low- volume, high - pressure cleaning machine equipped to recycle any water used, or a low- volume high pressure water broom. D. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, Teaks or other malfunctions in the water. CC December 22, 2009 Item No. 6 Page 83 of 198 Ordinance No. Page 18 of 19 19.08.140 Coordination with Water Purveyors. The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure B. Allocation -based conservation water pricing structure C. A rate structure at least as effective as the above options D. Irrigation audits and/or irrigation surveys E. Penalties for water waste. SECTION 3. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 4. This Ordinance shall take effect thirty (30) days after the date of its final passage or such later date as may be designated by the City Council. The City Clerk shall certify as to adoption of this Ordinance and cause this Ordinance to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council of the City of Lake Elsinore, California, on this day of 2009. ROBERT MAGEE, MAYOR CITY OF LAKE ELSINORE ATTEST: DEBORA THOMSEN CITY CLERK APPROVED AS TO FORM: BARBARA LEIBOLD CITY ATTORNEY CC December 22, 2009 Item No. 6 Page 84 of 198 Ordinance No. Page 19 of 19 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that the foregoing Ordinance No. was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the day of 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the day of 2009 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: DEBORA THOMSEN CITY CLERK CC December 22, 2009 Item No. 6 Page 85 of 198 Count y of Riverside Guide to California Friendly Landscaping BOARD OF SUPERVISORS Roy Wilson, Chairman Jeff Stone, Vice - Chairman Marion Ashley Bob Buster John F. Tavaglione TRANSPORTATION LAND MANAGEMENT AGENCY Tony Carstens, Agency Director PLANNING DEPARTMENT Ron Goldman, Planning Director March 2008 CC December 22, 2009 Item No. 6 Page 86 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING TABLE OF CONTENTS Page 1. Why Do We Need This Guide? 2 2. Who Does Ordinance No. 859 Apply To? 2 3. What Are The County's General Landscaping Design Guidelines? 3 4. What Should I Know Before I Prepare My Planting Plan? . 9 5. What Should I Know Before I Prepare My Irrigation Plan? . 12 6. What Is A Water Budget And How Is It Calculated? 15 7. What Are The County's Installation And Maintenance Requirements? ..21 8. How Is Recycled Water Used? 23 Figures Figure 1 - Sunset Climate Zone Map . 18 Figure 2 - Water Budget Formula and Tables . 19 Figure 3 - Blank Water Budget Calculation Form 20 Attachments Attachment A - Riverside County California Friendly Plant List 0 CC December 22, 2009 Item No. 6 Page 87 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING n 1. Why Do We Need This Guide? The purpose of the Riverside County Guide to California Friendly Landscaping (Landscaping Guide) is to present practical ami standards for landscape and irrigation design for projects within Riverside County. Additionally, the Landscaping Guide is de- signed to assist landscape architects, irrigation designers, contrac- tors, planners and the public in the selection of plant materials and irrigation methods that meet the objectives of Ordinance No. 859 and Ordinance No. 348. In order to conserve water in the drought prone state of California, legislation such as AB 325 and AB 1881 mandates the practice of water conservation. California Friendly ® is a registered trademark of the Metropolitan Water Riverside County's commitment to water conservation is exem- District of Southern California Learn plified in the adoption of standards and the implementation of more about water conservation and guidelines which result in a reduction of landscape related water landscape rebate programs at: www.bewaterwise.com usage County-wide. It is the County's goal to reduce landscape related water usage by at least twenty percent (20 %) per site, through implementation of this Landscaping Guide. To meet this goal, Planting Plans and Irrigation Plans shall be prepared using the Water Budget Formula found on Figure 2 of this document. - 2. Who Does Ordinance No. 859 Apply To? A. On December 19, 2006, the Riverside County Board of Su- pervisors adopted Ordinance No. 859. This ordinance is ap- plicable to all discretionary permits and/or approvals for the following: • - �. 1. Commercial development. 2. Industrial development. 3. Residential development: • Multi- family development • Single family common areas • Single family homes (Spring 2008) • Erosion control landscaping (slopes over 3 feet • in vertical height) • Model homes (Spring 2008) Water Efficient Landscapes can be 4. Road rights -of -way. inviting and attractive 5. Parks and public lands. 6. Landscaping associated with entry sign monuments. 7. Fuel modification areas: cti• • Applicants are encouraged to consult with the County Fire Department, determine their fuel modification requirements, and select fire - resistive plant material. A detailed plan shall Fuel modification zone be prepared pursuant to specifications of the CC December 22, 2009 Item No. 6 Page 88 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING ;; ,' , - fit.. County's Planning Department and Fire De- partment. 8. Flood Control Areas: • Retention/detention basins • Water quality swales (`bioswales') :- - 9. Development adjacent to Multiple Species Habitat • Conservation Plan (MSHCP) and other conservation - areas: • Applicants are required to consult with the En- vironmental Programs Department (EPD) to conserve plan are prohibited near MSHCP determine acceptable plant species that may be conservation nservation areas. planted within the vicinity of MSHCP con- served lands. B. In the event that the water purveyor for a proposed project has adopted more stringent water- efficient landscape require- ments, the more stringent guidelines shall take precedence. 3. What Are The County's General Landscaping Design Guidelines? Landscaping and proper irrigation is a critical component of any successful development project. Landscaping should define a .. sense of space by making a statement, ensuring community Conti- nuity, complementing good architectural design, and creating a r cohesive finished product. Emphasis on California Friendly® Lantana - gold hybrid design elements can achieve aesthetic objectives while acknowl- edging the practical water constraints of our unique geographic environment. Conceptual Landscape Plans and/or Landscaping Minor Plot Plans shall incorporate the following design guidelines relative to their respective product type. Such plans shall also follow Sec- tion 4 of this Landscaping Guide and incorporate the use of drought - tolerant/water- efficient plants to reduce water demand. A rich variety of plantings and hardscape should be selected and integrated appropriately into the landscape design based on their ',-: intend uses. Conceptual Landscaping and Planting Plans shall be T r a, prepared by a Landscape Architect licensed by the State of Cali - .. , i fornia and shall consist of plants found in the Riverside County . r California Friendly Plant List (Plant List) included in this Guide as Attachment A. A. Single Family Residential Design Guidelines: 1. Trees, shrubs, and groundcover shall be incorpo rated within single - family development projects to Photo: Courtesy of Eastern Municipal Water District create a comfortable and aesthetically pleasing envi- ronment for residents and those viewing from public areas. The following minimum standard shall be applied to front -yard typical landscaping plans: 0 CC December 22, 2009 Item No. 6 Page 89 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING • Minimum Front Yard Landscaping Standard All ------ - - 50% `y - 1 = ---` 1 With smart controller Corner Lot 50% 1 3 With smart Returns controller Notes: 'Of this amount, 60% shall be 5 gal. founda- tion shrubs and 40% shall be 1 gal. shrubs. 50% of the area underneath the shrubs shall be covered by a vegetative, drought - tolerant groundcover. 2 Calculating number of shrubs: Area for Hesperaloe parv(ora shrubs to be divided by 25 sq. ft. The result- ing number is the total number of shrubs that must be planted to achieve full coverage. 3 The 24" box tree shall be a minimum 2" cali- per and the 15 gal. tree shall be a minimum 1" caliper. 2. Landscape architects and designers are strongly encouraged to use clinging vines, espaliers, trellises, e , l _ : 1( - and shrubs to enhance the architecture and define attractive private open spaces. 3. Front yard areas should be designed using landscape ? elements pertaining to the form, horizontal and ver- tical lines, hardscape and softscape, and ornate California Friendly® Model Home. ' Photos. ' qualities that are compatible with the primary struc- Courtesy of Eastern Municipal Water District ture. Visual openness and water efficiency should be maintained. Special attention shall be given to selecting appropriate trees and plants that, at their maturity, will be in scale with the house and yard. CALIFORNIA FRIE HC • ' 1 4. Landscape architects and designers are encouraged NICKEL L ■ HCVE - to use visual focal points such as boulders, land- scape mounds, planter beds, etc. 5. To the extent feasible, existing mature trees and shrubs that represent the existing significant land - €' scaping elements shall be preserved. 6. Vegetative ground cover that will absorb rainwater and reduce runoff shall be used. Permeable surfaces should be used wherever possible to reduce paving. 1 -Nr* l , 7. Air conditioning, mechanical equipment, and trash enclosures shall be screened from the public right- . ' ° , v Ana. of -way with suitable plantings. 8. Landscaping shall be included as part of the design Osteospermum jnnicosum for a fence or wall. It should be used to soften and ® 0 CC December 22, 2009 Item No. 6 Page 90 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING screen large masses of blank wall surface area and deter graffiti. f ' 9. Model homes shall display a sign indicating that the home features water efficient planting and irriga- tion. The sign shall be displayed in the front yard and be clearly visible to home buyers. _ 10. Turf areas shall be used sparingly in response to functional needs and shall be in compliance with the $ Water Budget Formula (Section 6 of this Guide). 11. Soil amendments improve the water holding capac- ity of the soil, adjust soil pH, provide nutrients, and improve drainage. Agronomic soil tests are re- quired to determine the recommended types, rates, and application methods of soil amendments. Im- Lavatera assurgentiflora plementation of the recommendations is required to help ensure optimum soil conditions for the speci- fied plants. 12. Metropolitan Water District of Southern California (MWD) also has a California Friendly® rebate pro- gram available for model home and front yard land- - scaping. MWD rebate approved plans will be 2. deemed compliant with Ordinance No. 859 and the Landscaping Guide subject to Planning Department review. B. Multi - Family Residential Design Guidelines: Chitalpa tashkentensis 1. Trees, shrubs, and groundcover should be incorpo- rated within multi- family development projects to create a comfortable and aesthetically pleasing envi- ronment for residents and those viewing from public ? _ areas. 2. Landscape architects and designers shall use cling- , ing vines, espaliers, trellises, and shrubs to enhance the architecture and define useful public and private 4 i spaces. - 3. Landscape architects and designers shall integrate visual focal points such as boulders, landscaped mounds or berms, sculpture, and public art into their planting design. Photo: Courtesy of Tree of Life Nursery 4. Planting plans shall utilize hardy native or drought www.treeofifenurserucom. tolerant trees, shrubs, and groundcover that are easy to water and maintain. 5. Paved areas, especially parking lots, must incorpo- rate adequate shading. Off - street parking and shad- ing plans shall comply with provisions in Section 18.12 of Ordinance No. 348. Q CC December 22, 2009 Item No. 6 Page 91 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING 6. Seating options in landscaped areas should be pro- vided. They shall be constructed of durable, easy- = care material such and treated with a graffiti resis- tant coating. 7. Entrances to alleys must be landscaped. Walls in alleys abutting residential uses shall be screened with landscaping such as clinging vines. Landscape areas adjacent and between garages in alley - loaded residential areas are encouraged. �, 8. Pedestrian walkways should be safe, visually attrac- tive, and well defined by landscaping and lighting. Agronomic soil tests are required to deter- mine the recommended types, rates. and 9. Landscaping shall be included as part of the design application methods of soil amendments. for the fence or wall. It should be used to soften and screen large masses of blank wall surface area and to deter graffiti. 10. Planting plans shall complement the landscape ele- ments between the proposed project, surrounding ' streetscapes, and adjacent publicly maintained land - s. I scaping to ensure community continuity and charac- ter. 11. Turf areas shall be used sparingly in response to '.::;„ functional needs and shall be in compliance with the ` Water Budget Formula (Section 6 of this Guide). %. ' 12. Soil amendments improve the water holding capac- ityimpof rove the soil, drainaagdjue. st soil pH, pro ic vide soil nutritests entare s, an d re- - L� 4 ate' quired to determine the recommended types, rates, t e , and application methods of soil amendments. Im- .) s ;` * ?';; ' plementation of the recommendations is required to `.1.4 i' \ help ensure optimum soil conditions for the speci- Photo: Courtesy of Tree of Life Nursery fied plants. 13. Model homes shall display a sign indicating that the home features water efficient planting and irriga- tion. The sign shall be displayed in the front yard and be clearly visible to home buyers. C. Commercial, Mixed Use, and Industrial Design Guide- lines: 1. Landscaping is required to be in scale with adjacent buildings and be of appropriate size at maturity to accomplish its intended goals. A balance of decidu- ous and evergreen trees should be used. 2. Landscaping shall be incorporated around the base of buildings (except loading or service areas) to Photo: Courtesy of Arid Zone Trees soften the edge between the parking lot, structure(s), 0 CC December 22, 2009 Item No. 6 Page 92 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING and street. Such landscaping should be accentuated at entrances to provide a focal point. 3. New projects proposed adjacent to existing residen- tial land uses shall incorporate adequate landscape screening/buffering. Vines soften fences and walls and deter 4. Berming in conjunction with landscaping should be graffiti. They shall have designated valves for irrigation used at the building edge to reduce structure mass and height along facades. 5. Evergreen trees and shrubs shall be used whenever a landscape screen or buffer is required. 6. Service areas, equipment, and solid enclosures must be screened using landscaping such as tall shrubs and clinging vines especially those properties whose side yard fronts a primary street or abuts a residen- tial property. 7. Design and locate perimeter planters and plantings for the purpose of creating a physical barrier, pro - viding a visual screen, and shading the parking area. The parking lot and perimeter landscape shall also be designed for safe and convenient pedestrian cir- culation throughout, including designated paths across perimeter planters. - 8. Plans shall comply with provisions in Section 18.12 This recreation center is Chemed after the of Ordinance No. 348. local wine country . 9. Landscaping shall be included as part of the design for the fence or wall. It should be used to soften and screen large masses of blank wall surface area and to deter graffiti. 4€r� 10. Hardscape amenities such as benches, seating areas, t 11 Qt s - • and trellises, shall be included and designed to be II consistent with the landscaping. ( 1 r 1 .. 11. Landscaping plans shall complement the landscape ' .. r ` - and hardscape elements between the proposed pro- . . - _ . • , . i ject, surrounding streetscapes, and adjacent publicly Park Master Plan and Photo maintained landscaping to ensure community conti- nuity and character. 12. Turf areas shall be used sparingly in response to functional needs and shall be in compliance with the Water Budget Formula (Section 6 of this Guide). 13. Soil amendments improve the water holding capac- ity of the soil, adjust soil pH, provide nutrients, and improve drainage. Agronomic soil tests are re- quired to determine the recommended types, rates, and application methods of soil amendments. Im- CC December 22, 2009 Item No. 6 Page 93 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING plementation of the recommendations is required to help ensure optimum soil conditions for the speci- fied plants. C. Park Design Guidelines: • 1. A balance of deciduous and evergreen trees shall be • used. 2. Landscaping shall be included as part of the design for the fence or wall. It should be used to soften and screen large masses of blank wall surface area and to deter graffiti. 3. Landscaping shall complement the landscape and hardscape elements between the proposed project, surrounding streetscapes, and adjacent publicly Anigozanthosflavidus - red cukivar maintained landscaping to ensure community conti- nuity and character. 4. Plans shall comply with provisions of Section 18.12 of Ordinance No. 348. 5. Seating options and drinking fountains in land- scaped areas should be provided. Seating and drinking fountains should be constructed of durable, easy -care material such as concrete and shall be treated with a graffiti resistant coating. 6. Adequate lighting shall be incorporated into the -- _ — landscape design pursuant to the prevailing local or Photo: Courtesy of Arzd Zone Trees state standards. 7. Sprinklers or other emitters shall be positioned so that no irrigation water shall come in contact with drinking fountains, picnic tables, benches, play- . ground equipment, buildings, or other hardscape features. • 8. Soil amendments improve the water holding capac- ity of the sod, adjust soil pH, provide nutrients, and improve drainage. Agronomic soil tests are re- quired to determine the recommended types, rates, and application methods of soil amendments. Im- plementation of the recommendations is required to - • help ensure optimum soil conditions for the sped- , , fled plants. 9. Plans shall conform to the standards and be ap- 5` proved by the maintenance district responsible for ! , , F� perpetual maintenance. • Photo: Courtesy of Arid Zone Trees 0 CC December 22, 2009 Item No. 6 Page 94 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING D. Entry Monument Guidelines: • 1. Monuments shall define a sense of space, individu- ality, and arrival. Each monument should be differ- ent from adjacent tracts and hold their own style. 2. To define a sense of arrival and place, entry monu- ment shall incorporate 5 gallon or greater size shrubs, and boulders, annual color plants, lighting or other distinct visual focal points. 3. Monuments shall incorporate signature trees that complement the community theme. A minimum 36 , inch box or larger shall be used. Where only one signature tree is incorporated in the monument land- scaping plan, such a tree shall be a 42 inch box size The WUCOLSI /l guide provides estimated or greater. Entry lighting shall be used on signature water uses for landscape plants. It can be trees. downloaded from: www.owue.water.ca.eov /dots/ 4. What Should 1 Know Before 1 Prepare My Planting Plan? Plant species must be selected from the Plant List included as Attachment A of this Landscaping Guide. The species listed are not guaranteed for all situations. Consultation with a landscape architect, arborist, the proposed maintenance entity, or a local plant nursery is recommended. The following minimum design standards, together with the ap- propriate elements of Section 3, shall be incorporated into Con- ceptual Landscape Plans and/or Landscaping Minor Plot Plans: A. Planting plans for permits and/or approvals described in Sec- tion 2 shall be prepared by a Landscape Architect licensed by the State of California. B. Plants shall be selected based on their level of maintenance, durability, mature widths and heights, aesthetic appeal, and thematic qualities. A greater percentage of "low" or "very r • low" water use plant species is strongly encouraged. C. Shade trees shall be provided for residential, commercial and • industrial building parking lot and open space areas. They shall be incorporated to provide natural cooling opportunities and for the purpose of energy and water conservation. D. In order to incorporate plant species other than those listed, k the project applicant must provide the Planning Director with the following: Salvia clevelandii 1. Water use requirements per Water Use Classifica- tion of Landscape Species (WUCOLS III) or field data verifying the plant's landscape (crop) coeffi- cient. 0 CC December 22, 2009 Item No. 6 Page 95 of 198 -] COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING 2. Plant species description from Sunset Western Gar - den Book or other comparable source. 3. Comparison to a similar species included in the plant list. E. Plant species must be selected based on their appropriate plant hardiness climate zones as defined by Sunset Western Garden Book. The climate zones are also depicted in Figure Myoporum parvifol 1 and are noted on the Plant List included as Attachment A of this Landscaping Guide. F. All non -turf planting areas (except hydroseeded areas) must be mulched on a regular basis to retain moisture, suppress weeds, and moderate soil temperature. Mulch depth, type, and maintenance replenishment frequency must be ' noted on plans. /^ - ,,,? ._ - _ 1. Planting areas shall be mulched with a three inch - - _ —. ... ` '_ (3 ") minimum layer of organic wood mulch. Areas = of groundcover planted from flats shall be mulched ' with a one and one half inch (1 1/2 ") minimum { r layer of organic mulch. v. 4 > \ - 2. Some maintenance districts require differing mulch Regular application of mulch retains moisture and thicknesses. The more stringent (thicker) require - suppresses weeds. Photo: Courtesy of R Cedar, ment shall prevail. LLC 3. Color enhanced mulches are discouraged. 4. Mulch may be omitted for native revegetation pro- jects upon the recommendation of the project biolo- gist. $E} M ..°__ ; . 6 -4.: � V y i - ." : - - , ! i - , , -^t...Sms4idi,_"___szt, - 7 gri 1 p @fat see.. C> • p / - g _ $�' _ /1 _ � ME . a 11.1.2.... Weber Pk* ME Planting Plan Irrigation Plan Hyrdozones - Plants grouped and irrigated based on water use requirements 0 CC December 22, 2009 Item No. 6 Page 96 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING 5. Planting areas in the desert regions (Sunset Climate Zones 11 and 13) shall be mulched with a two inch (2 ") layer of decomposed granite (DG) /gravel mulch. • One inch (1 ") minus granite mulch is sug- Organic woad mulch gested for aesthetic purposes. G. Turf shall be used as a functional recreational element and not solely for aesthetic purposes. 1. Small, irregularly shaped turf areas shall be avoided. l Tom, _,fiery, s ;. 2. Turf areas shall be sized and shaped to minimize _ t _ ti f ,, overspray and runoff. • 3. Lower water use, warm season turf grasses are en- Decomposed granite mulch couraged. Grasses such as Bermuda, which are dor- mant (brown) in the winter, are acceptable if the maintenance entity over -seeds with perennial rye on an annual basis during the dormancy period. 4. Turf is prohibited within County road rights -of -way, = unless the turf areas are contiguous to turf areas within parks, residential front yards, cemeteries or golf courses. 5. Turf is prohibited on slopes greater than 4:1. 6. Turf areas less than eight feet (8') in width shall be • irrigated with subsurface irrigation or other low volume irrigation technology. H. Plants must be grouped and irrigated on separate valve zones (hydrozones) based on their water use requirements, slope Turf serves as a recreational amenity aspect, and sun/shade microclimate. I. Shrubs shall be designed so that their mature width will not require excessive pruning. Excessive pruning is discouraged. J. The contractor shall tag one plant of each variety with the plant's scientific name, and cultivar or variety if applicable, and common name. This is to ensure that accurate replace - ment plants are installed if necessary. '' + K. To prevent graffiti, self - clinging vines shall be planted to ensure full coverage of the public facing side of all walls. f r. L. Plans must note or specify that a site specific agronomic soils test is required and that contractors are required to follow the f`'r' ` report's recommendations for amending the soil. Planting specifications and details including the recommendations from the soils analysis are required if applicable. A copy of the soil f test shall be delivered to the Planning Department's Landscape Section. Model home reduces front yard turf area by planting low- water use shrubs M. If low water use plants (those that can also survive/flourish with medium water application) are used in a medium water 0 CC December 22, 2009 Item No. 6 Page 97 of 198 . COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING s, use hydrozone, they must be counted as medium water use in the irrigation calculations. N. The Planting Plan shall be prepared at the same scale as the Irrigation Nan and, at a minimum, shall identify the following: 1. Proposed and existing trees, shrubs, ground covers, vines and turf areas indicated within the developed land- . scape area and within publicly maintained landscape ar- t eas within 200 feet (200') of proposed project site. MP Rotator sprinklers are 15% more efficient than conventional spray applica- 2. Legend including plant symbol, genus, species, Lions. common name, spacing, size, quantity of each type of plant by container size, water use per applicable WUCOLS III Zone, and detail call -out (i.e.: P -1, P -2, P -3, etc.). ° t OS H"'"0e0` 3. Location of each hydrozone. PLANT roa°o'wt o 4. Individual trees, shrubs, and groundcover plants at . o their average growth size to ensure coverage of the • © area to be landscaped. 0 0 5. Labels for all existing trees and vegetation that will either remain or be removed. I 11 - 0 6. Location of street lights. Trees shall be located so I 0 that there is a minimum of ten feet (10') of clear- ance with respect to the lights. .�is�.•• 7. Root barrier noted for trees within six feet of hardscape. 0 sous oft ano O © MENDED °'°°u 8. Property lines, limit -of -work lines, streets, and p NWT ...'...°' 0 wr • .'t,'.1 street names. O re ," a' M p ......°°...0 p ,,.t,, OCR .,,,,,,N°°E., imE ..." 9. Building locations, driveways, sidewalks, and other 0 u` "E hardscape features. Drip irrigation is 30% more efficient than conventional spray applications. 10. Topographic elevation lines to determine slope. 11. Appropriate four inch (4 ") graphic scale, title block, page numbers, and north arrow, notes, details, and specifications. 12. Existing land uses adjacent to the boundaries of the .2‘77. ._ , '''` • project site 1 5. What Should 1 Know Before 1 Irrigate using Drip Irrigation Prepare My Irrigation Plan? - O - mulch Irrigation systems shall be designed, constructed, managed, and maintained to achieve the highest overall efficiency possible. Efficiency is measured by the amount of water beneficially used to sustain plant life divided by the amount of water applied. Effr ciency is affected by the attributes of the controller, method of irrigation, irrigation equipment, proper hydrozoning, site topogra- save 50°,o water phy, condition and size of plants, and weather conditions. Landscaping Minor Plot Plans shall reflect the following mini - Photo: Courtesy of Northern Garden mum design standards: -® CC December 22, 2009 Item No. 6 Page 98 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING A. High efficiency irrigation methods (e.g. drip, MP rotators, microprays) shall be utilized. B. Rotors and spray heads shall be designed and installed with = minimized overspray onto paved surfaces, structures, and non- vegetated areas. The design shall be head- to-head cov- `" erage with matched precipitation heads and a maximum of fifty percent (50 %) diameter overlap. Rotors and spray heads shall be zoned separately. Half rotors and full rotors " f shall be zoned separately unless matched precipitation noz- Standard low- emission bubbler. zles are used. C. For drip line installations, in -line pressure regulators shall be used per factory recommendations for the specific irrigation products being used. If drip line is being installed, it must be filtered at the valve along with any other necessary equip- ment. D. Irrigation systems shall be zoned according to plant water use, slope aspect, and sun/shade microclimate. If low water use plants (that can also survive/flourish with medium water application) are used within a medium water use hydrozone, they must be counted as medium water use in the irrigation calculations. E. Low head drainage is not permitted. Check valves are recommended. F. With the exception of single family residential units, all irri- gation plans shall be designed for recycled water in areas that are scheduled for recycled water in the future. Standard !ow- emission hub. G. Projects must include a "smart" irrigation controller with the following attributes: I. Real -time, weather based program adjustment capa- bility. 2. On -site weather station or external ETo input. 3. Rain sensors shall be placed within an unobstructed F "= }. natural rainfall area and located above the irrigation spray pattern. Aar 4. Master valve (or simultaneous operations). 5. Flow Sensor. 3 " 6. Multiple p e start times. • , .* 7. Minimum of two programs. , 1 H. Systems shall be scheduled so that the irrigation precipitation «<- - - -- rate does not exceed the infiltration rate of the soil. One of many "smart controller" options. I. A baseline irrigation schedule shall be provided on the plans for the six -month initial plant establishment period. The 0 CC December 22, 2009 Item No. 6 Page 99 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING , r . : 4 contractor shall adjust the schedule to meet site specific re- :d "Sma quirements and use the baseline schedule to set the weather - L f a f. . c v :r. ,>= ; s , s i �_ ` to � � z based controller. The schedule currently in effect shall be f ; ; . , < .. posted in the controller. '4�1$Af -1atLQn Y ' n �, ' � ▪ VQt P 4 J. A second baseline irrigation schedule shall be provided on } vtd a" of the plans which incorporates the specific water needs of the ': �m�idecl i ion vlter • plants throughout the post - establishment calendar year. The i- commercial ar �nvate USC. _ contractor shall adjust the schedule to meet site specific re- 'Redo v rerthetetteck!rdlte ot e � , � : quirements and use the baseline schedule to set the weather - <mthe easnded smart C t _ . ,. tst Fob based controller. The schedule currently in effect shall be sociatton'$ l0 , . posted in the controller. lin a £ - � S y K. The irrigation schedules shall include the recommended i rr i - � : , f ,r: f . :F` q$ } gation days per week, number of cycles per day, minutes of run times per cycle, and estimated amount of applied irriga- k xdr, 1C _ t iQ , A lion water, expressed in gallons per month and gallons per art ,. k year : ; E - • ` '' ® L. The controller shall be operational and set to real -time :tA ` , 4 4 A V weather prior to the completion of the 90 -day maintenance L t �3 , - period of the installing contractor. ▪ t'y ` • , 1 � ",, �t M. Pressure loss calculations for valve with worse condition. j � ;t k =1 °.. N. Commercial projects shall include a Central Controller pro - � g grammed to distinguish irregular flows (e.g. broken valve, r {� . , t , w }.. line, spray head, etc.), temporarily shut off the affected • ` ` J,t# �,.1,. T '�y r Y yssw branch or the entire system, and send an immediate elec �Ie�r tronic message to the maintenance entity. ' r 6v 'f� 43 � 'It tt ' • s a I O. Residential Front Yard Typical Irrigation Plans must demon- z } . : ▪ k xa r + x strate that sufficient capacity exists on the specified irrigation t3 t �; ry e controller to supply adequate additional zones for future side ▪ {. ... ter` and backyard landscaping. More than one controller per 4� 4.r = + `ate ` residential unit shall be avoided. in � taI ▪ - " • ` � P. The Irrigation Plan shall be prepared at the same scale as the ;-x- t^p'r Y Planting Plan and at a minimum, shall identify the follow- • Rzlttit`Btt`dIFT Manager ) f r . 1. Location and size of service lateral(s) and water Ram Master RME lc meter(s). 2. Point of connection (POC) location and static pres- s Tor'Ititellr ense t , S 1 sure at POC. w r r - ° atheimati ,8LI6gg ,. .. . 3. Total flow rate (gallons per minute) and designed r y ti . r x operating pressure (psi) for each overhead spray and .. ; t r r s bubbler circuit, and total flow rate (gallons per WeatheK. 0 CC December 22, 2009 Item No. 6 Page 100 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING hour) and design operating pressure (psi) for each drip and low volume irrigation circuit. 4. Location, size, and type of all irrigation components including, but not limited to, smart controller, cen- tral controller ( backflow prevention device, ball valves, anti -drain check valves, pressure supply (main) line, lateral lines, pipe sizing, valves, spray " d heads, rotors, drip, low volume irrigation equip- t ment, gallons per minute, pressure regulators, and pumps. Water sense components are strongly rec- ' ommended. 5. Hydraulic Calculation worksheet including flow ' rate (gallons per minute) and design operating pres- _a sure. . 6. Precipitation rate (inches per hour) for each spray ' . - - - type circuit. r' 7. Irrigation legend with the symbol, manufacturer name, model number (or non - proprietary descrip- tion for publicly funded projects), separate symbols for irrigation equipment with different spray pat- terns, spray radius, and precipitation rate. 8. Location, size, and type (high, medium, low) of each hydrozone. 9. Topographic elevation lines to determine slope. 10. Irrigation system details for assembly and installa- tion. 11. Calculation for the project's landscape Water Budget. (Section 6 of this Guide). 6. What Is A Water Budget And How Is It Calculated? Water budgets are used to assist designers and governing authori- ties. They are a tool to verify compliance with the state require- ments for water conservation and they assist with water demand .! 4. management. A water budget determines how much water a par- ticular landscape needs over a specified period of time. The :�, Maximum Annual Water Allowance (MAWA) is calculated and ' compared to the Estimated Annual Water Use (EAWU) to verify that the project landscaping is not exceeding the allowed water use. The County of Riverside uses the formula and tables included in Figure 2 to determine water budgets. Figure 2, the information below, and the sample worksheet following are designed to assist you in calculating a Water Budget for inclusion in your Irrigation Plan. CO CC December 22, 2009 Item No. 6 Page 101 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING ET=E`T 'Td,.( 7 A. Maximum Annual Water Allowance and Evapotranspi- 4 `, ration Rate (ETo). a E ,• ; , ; ETo, or Annual Reference Evapotranspiration Rate, is the quantity of water evaporated from adjacent soil surfaces and % ` ? transpired by plants in terms of inches for a particular / / climate zone. Your total square footage of landscape and ,� ETo are essential components of the MAWA formula. l a Because ETo rates vary according to climate, the ETo rate + SC must be identified for your project in order to calculate 'MI MAWA. ETo data is taken from the California Irrigation Management Information System (CI MIS). Table 1 on Fig- ure 2 will help you fmd your ETo for insertion into Space B of your landscape water budget formula. If your project is not within one of the weather station areas listed, use the closest representative station. Evapotranspiration is the loss of water to the atmosphere from B. Estimated Annual Water Use (EAWU). plants and soil. The formula for EAWU is calculated for each hydrozone separately, then the total of all hydrozones is divided by the Irrigation System Operation Efficiency (IS). In addition to the square footage of each hydrozone, the EAWU calculation relies on several other key factors. One is the average Plant Factor (PF) that is established by the WUCOLS III for plants that are considered high, medium, low, and very low based on their water requirements. For purposes of the Water Budget Formula, turf is considered to have a high water re- quirement. Refer to Table 2 to establish your PF for each hydrozone and enter the number in Space D of your Water • Budget Formula on Figure 2. The water use requirements also vary according to regional - , ' climate zones. Plant categories used in the calculation must Photo: Courtesy of Tree of Life Nursery be from the appropriate WUCOLS Regional Zones as de- fined below and the corresponding Sunset Zones found on Figure 1 of this Landscaping Guide: iii#1.32411irdirlilNiti#34Witafft$:(04.f .4: '4414 '-; ' T- 3 t t 2 :3;14, 1 `1 r1 'f � y e z n i ,v; F ..ti 3d..F 7 23 24 } .v, :.•,--,f;„ z e , .` 9 Li t - A0 20, 21 , - l i , : f r - < 4.::-.i:. 3 Allor '-' :--' •-_ - - i : : : . '.: -,:-., , 1r:: :',. -'.-- : -: ,---,..-=;;: - :? — j:=': : "..' - r. ,, T.:::;; , --7 - t- i '.fr.::sf, Another key factor in calculating EAWU is the Irrigation Efficiency (IE). The IE is derived from measurements and Matilija Poppy. estimates of the irrigation application method performance Photo: Courtesy of Peter Odenerans within controlled environmental conditions. Table 3 provides 0 CC December 22, 2009 Item No. 6 Page 102 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING This page intentionally left blank. CC December 22, 2009 Item No. 6 Page 103 of 198 0 !;_ 1 - Nr -, -. , 11 t 1 ` # � '',t0= `�.ac , 'l I ti l' t i x s ks Y } p d +6 I E V y�� } I tg pia z: ai a ul. 0 zr_ I J' W I Z C . Y: at 0 - i u,_ C4 1 jj Off_ '^ l0 4 i b f^ ii V E i ■ • a' D V 0 y y i i u. W is , t , 3; i:3 ! 1. I _ ar �i + W j U` 4+:4,3 k $ !� `fib t••�1M a.n q R > i {J- g✓ 5 r '. R �. C , 7 It 1 -. , - ] f . �+ r 1 • ` �} {er g ,_. I f e 5 t�ir 1 I r _ tr , _ E CC December 22, Item No. 6 Page 2009 104 of 198 r . . - 0 .0 x 3 ` 7 > , P U —_, • 1 ,. m K • r x m w ` gg 3` U 1, 0 = m --- _ ` i_ ..� _ I O ~ O Y . 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C7 Q =- ' 2 1 C ^ D 0 < $ Ili 0 E u `° X88 a 0 o= vo i M� m a rt vc �. m V. 2° EEo m S$ c -'8 a >> a $ > c W 6'`"_; < ro .s.„, 3>^ < C o0a Uc c CU) m v v O o t in O 2 WC: a I n c C — n W U Ue eLe u. E ac < �-' W H Z. o m m o 0 z E o° m� m E W H 2 r , C c N v l �f 1 2 ;: L S 7 (V co- c')' .t. O' C h 7 % O Q z " a ® o ae v " a Ec$ aG H � [f� y > O . 0 c01 2 COI 011 0111 W O to 0 c at.- Fes -' V IL mp i LL U e V a K Sa m -5- U C -U g 0n 1-„, $ 30O F SS 7 : OF 627 } m7 4 =0 w< Z E i %. $ u.3.... - « c 2 m q X-6444 3 v O > h i C V1 G c - - NO ()cc m g t m m a - UV J y < c 1 F � , c •1- 7 U CC December 22, 2009 Item No. 6 Page 105 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING FIGURE 3 The following blank work sheet may be modified as- needed for each project and shall be in- cluded on all Irrigation Plan submittals. Riverside County Ordinance 859 Landscape Water Use Calculations WORKSHEET 1 Maximum Annual Water Allocation (MAWA) INPUT the total square footage of landscape I x .62 INPUT the Hist. ETo for the area 1 x .8 MAWA = gal / yr 748 MAWA = I 1 2 Estimated Annual Water Use (EAWU) Hydrozone # 1 INPUT Plant Factor = I fTurt) INPUT square footage of hydrozone INPUT hydrozone irrigation efficiency - EAWU =I tu /yr Hydrozone # 2 INPUT Plant Factor =� 1(High) INPUT square footage of hydrozone INPUT hydrozone irrigation efficiency EAWU = cuf /yr Hydrozone # 3 INPUT Plant Factor =I IPA) INPUT square footage of hydrozone INPUT hydrozone irrigation efficiency EAWU = I � cu ft / yr Hydrozone # 4 INPUT Plant Factor =I I(Low) INPUT square footage of hydrozone INPUT hydrozone irrigation efficiency EAWU =I uft /yr Hydrozone # 5 INPUT Plant Factor = I (Very Low) INPUT square footage of hydrozone INPUT hydrozone irrigation efficiency - EAWU =I cult /yr SubTotal EAWU = ` Icu ft / yr Input Irrigation System Operation Factor 0.85 Total EAWU = MAWA - EAWU 1 lcu ft / yr (this number must be positive) CC December 22, 2009 Item No. 6 Page 106 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING the IE factor to be used in Space F of the Water Budget Formula on Figure 2. The final factor in calculating EAWU is the Irrigation Sys- tem Operation Efficiency. This number is derived from the efficiency of the controller. Since "smart" controllers are required by the County per Ordinance No. 859, the IS factor shall be 0.85. This figure has been inserted in the Water Budget Formula for you. An EAWU calculation must be performed for each f ' • hydro- P Y zone within the proposed project. C. Finalizing the Water Budget Calculations. Add together the EAWU subtotals for each hydrozone within the proposed project, this will be the Sub -Total EAWU. Now, divide this number by 0.85. The resulting number will be the Total EAWU. Subtract the Total EAWU number Inspectors will confirm that plants are from the MAWA. The resulting number must be positive. If installed per approved plans and are thriving. the number is negative, then adjustments will need to be made to the Planting Plan (e.g. use more vegetation types that consume less water) and/or the Irrigation Plan (e.g. use more efficient application methods). A Water Budget Formula shall be completed and included on all Irrigation Plans submitted to the County. A blank Water Budget Form is provided as Figure 3 and may also be downloaded from the Landscape Review link on the County Planning Department website: www.tlma.co.riverside.ca.us/ 11 planning. 7. What Are the County's Installation and Maintenance Requirements? Correct installation and consistent landscape maintenance is para- Inspectors will verb that the irriga- mount to water efficient landscaping and water conservation. tion system is installed properly and Regardless of the efficiency of the irrigation design and installa- tion, a landscape can quickly lose its efficiency and aesthetic ap- peal without proper maintenance. To ensure that the Planting and Irrigation Plans are installed properly and maintained throughout a minimum plant establishment period, the County Planning De- partment will conduct the following series of site visits: • A. Installation Inspection Personnel will at a minimum, confirm that the irrigation system is installed according to the approved Irrigation Plan, 1 _ the soil preparation and landscaping is completed as indi Gated in the approved Planting Plan, the project has met its ' Conditions of Approval, and the performance security has ��� as ; . Examples of water efficient landscaping. Q CC December 22, 2009 Item No. 6 Page 107 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING been approved and executed. Upon successful completion of this Installation Inspection, a Certificate of Completion will be issued to the project applicant. B. Six Month Establishment Inspection Personnel will, at a minimum, confirm that the irrigation system is operating at its maximum efficiency, the plantings are alive, the current irrigation schedule is posted in the con - troller, and any replacement components of either the land - scape or irrigation reflect the original approved Irrigation and Planting Plans. C. One Year Post - Establishment Inspection Personnel will at a minimum, perform an irrigation audit to confirm that the irrigation system is functioning properly and r operating at its maximum level of efficiency, verify that plants are established and thriving, and ensure that the post- .' establishment irrigation schedule is programmed and posted Photo: Courtesy of Toyon Landscape in the controller, and confirm that any remaining Conditions of Approval are met. If components of either the irrigation system or the landscape have been replaced, personnel will confirm that their replacement components reflect the origi- nal approved Irrigation and Planting Plans. Upon successful completion of the Post - Establishment Inspection, the land - r scaping/irrigation component of the performance bond will "' Y be deemed complete. 4 4 r D. At the Planning Director's discretion, projects may be re- quired to maintain an annual maintenance inspection sched- � ._Mt ule to ensure that the following obligations are met: A 1. Smart controllers are monitored and adjusted for maximum operating efficiency and irrigation appli- Riverside County developer integrates water- cation equipment is calibrated to provide maximum efficient landscaping into model home designs. efficiency. 2. Non - functioning irrigation and hardscape compo- nents are replaced with identical or better compo- nests. r ` 3. Plant materials that fail to thrive are replaced with T, u 'r identical plant materials or those with similar water ' sue +: requirements. _ 4. Minimum mulching levels are maintained. 5. Plants are pruned to eliminate irrigation application interference. - Q CC December 22, 2009 Item No. 6 Page 108 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING 8. How is Recycled Water Used? Recycled water determined to be available pursuant to Section 13550 of the California State Water Code shall be used for appro- . " priate non - potable uses whenever it: a) provides a beneficial use to the customer, b) is economically and technically feasible, c) is ; consistent with applicable regulatory requirements, and d) is in i ' � the best interests of public health, safety, and welfare. With the exception of non - common areas of single - family home residential developments, irrigation systems must be designed and installed l < to accommodate the current or future use of recycled water for irrigation. Such plans shall be developed in accordance with standards and policies of the applicable recycled water purveyor. Recycled water systems shall be designed to meet regulatory re- Photo: Courtesy Eastern Municipal Water quirements of the California Department of Public Health and the District. local recycled water purveyor. For more information concerning this Landscaping Guide, please contact: Kristi Lovelady, Administrative Manager Riverside County Planning Department Landscape Program 951- 955 -0781 This Landscaping Guide was pre- pared in association with: VAN DYKE 1.ANDSCAI•E ARCHITECUS Z741 Annw#44 W 1-19$ X491 F %Ili Haan CC December 22, 2009 Item No. 6 Page 109 of 198 COUNTY OF RIVERSIDE GUIDE TO CALIFORNIA FRIENDLY LANDSCAPING Attachment A County of Riverside California Friendly Plant List m CC December 22, 2009 Item No. 6 Page 110 of 198 '� (mama, o3 3aargns saaq ue!pauQ aP .Bl sue!pary K R ® ®E r x „ (Mama, of 13a /gns s aaA ue!paw) aP .8L sue!pary , 3 , ..:11. � r � � � ` (mama/ o3 laargns saaq uelp aP .8L suerpaW t, - F -' '7 4 01 t a ° t ` ' , . i! 4, .,!. - 0,1 - :-., i , = , i� {fi 1 F a x ' ;0: b"2 t •4. ' . 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FrelS lA 8 N 10,-.51 'tii' 6' 2009 Item -(3. 6 ,, i3 ,3 200- I c t of 1 u 22, 12,, 4K9 . '0' • 'f. 0 rd '. • ' 'A2 Dece mber Page •SrA ,=;-71, '- :1; ig '''-:',. '1.s. '- z01' m U - 8 0 CC 1 , , • 0 - • ° zA cL r a . '. 5. S r S x: } s 6$ b Y L S y Yi 5 r >y kiyc P 1! i a. 6 , A ;x O E . ■ � r n - o E n 0 0 a n a 2 + `- gy N E C V M v 1 c E F t2U: E v _ ) § n 3 5 f . L ' 3 -F. W s s � .' , �� t C a w ' ri 1 y l a Q r .; c - n " o Z$ O % a E a m 7 c 3 • a. Z 401 x 1 : 1 a " -n.n v.n.* —X to o E la o f., 3 4 n a. 4 x a'1. wi O ` - r • a • Z 0, � I . /� v ? = r i o° Z S� � O O ° a k _ ti n. 3 ~ J N w rc CC December 22, 2009 Item No. 6 Page 129 of 198 WARREN D. WILLIAMS 1995 MARKET STREET General Manager -Chief Engineer RIVERSIDE, CA 92501 951.955.1200 FAX 951.788.9965 www. floodco ntrol.co. rivers ide.ca. us RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT • August 22, 2008 Mr. Justin Carlson, Associate Planner City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 Dear Mr. Carlson: Re: Notice of Availability and Intent to Adopt a Negative Declaration for Zoning Ordinance Text Amendment No. 2008 -04 This letter is written in response to the Notice of Availability and Intent to Adopt a Negative Declaration (ND) for Zoning Ordinance Text Amendment No. 2008 -04. The project proposes an amendment to a portion of Chapter 17.65 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed zoning ordinance text amendment involves no physical development and separate site specific analysis will be undertaken in association with future development projects Citywide. The proposed project is located in the city of Lake Elsinore, Riverside County. The Riverside County Flood Control and Water Conservation District has no comments at this time. However, please be advised that several existing and proposed District facilities are located within the city of Lake Elsinore. Actions that result in the reduction of nuisance run -off into District facilities should be encouraged by the City. Thank you for the opportunity to review the ND. Please forward any subsequent environmental documents regarding the project to my attention at this office. Any further questions concerning this letter may be referred to Jason Swenson at 951.955.8082 or me at 951.955.1233. Very truly yours, TERESA TUNG Senior Civil Engineer c: TLMA Attn: David Mares RECEIVED JDS:mcv AUG 2 6 2008 P8\120645 CITY OF LAKE ELSINORE PLANNING DIVISION CC December 009 Item No. 6 Page 130 of 198 RIVERSIDE COUNTY FIRE DEPARTMENT d. i FIRE In cooperation with the California Department of Forestry and Fire Protection E Co 210 West San Jacinto Avenue • Perris, California 92570 • (951) 940 -6900 • Fax (951) 940 -6910 John R. Hawkins Fire Chief Proudly serving the October 27, 2009 unincorporated areas of Riverside City of Lake Elsinore County and the Cities of: Planning Dept. Justin Carlson, Associate Planner Banning 130 Main Street Beaumont Lake Elsinore, CA 925 Calimesa Re: Notice of Availability and Intent to Adopt- Negative Declaration for Zoning Canyon Lake Ordinance Amendment 2008 -04 Coachella Dear Mr. Carlson, Desert Hot Springs • Thank you for providing the Riverside County Fire Department the opportunity to Indian Wells review the Negative Declaration for the City of Lake Elsinore. • Indio • With respect to the referenced project, the Riverside County Fire Department has no Lake Elsinore further comments. La Quinta The California Fire Code outlines fire protection standards for the safety, health, and Menifee welfare of the public. These standards will be enforced by the Fire Chief. • Moreno Valley • If I can be of further assistance, please feel free to contact me at (951) 940 -6349 or e- Palm Desert • mail at jason.neumann @fire.ca.gov. Perris Rancho Mirage Sincerely, • San Jacinto JASON NQkiiilAN Temecula Fire Captain Wildomar Strategic Planning Bureau Board of Supervisors Bob Buster, District 1 John Tavaglione, District 2 Jcff Stone, District 3 Roy Wilson, d CC December 22, 2009 Item No. 6 Page 131 of 198 FROM :DEPT OF FISH & GAME ONTAR -10 FAX NCI. :9094812945 6ep. 03 2008 06:31PM P2 State of California, The Resources Agency ARNOLD. SCHWARZENEGGER. Governor ,, DEPARTMENT OF FISH AND GAME E yrd� http://www.dtg.ca.gov 4, Environmental Review and Permitting 1416 Ninth Street, Suite 1260 Sacramento, California 95814 CEQA Filing Fee No Effect Determination Form Applicant Name: City of Lake Elsinore Date Submitted: 9 - - 08 Applicant Address: 130 South Main Street, Lake Elsinore, CA 92530 Project Name: Zoning Ordinance Text Amendment No. 2008 -04 CEQA Lead Agency: City of Lake Elsinore CEQA Document Type: MND SCH Number and/or local agency ID number: MND No. 2008 -11 Project Location: City-wide Brief Project Description: Amendment of the Lake Elsinore Municipal Code Chapter 17.65 related to: 1) the establishment of a water efficiency landscaping ordinance which is applicable to all residential, commercial, and industrial districts, and 2) promoting the values and benefits of landscaping while recognizing the need to utilize water and other resources as efficiently as possible. Determination: Based on a review of the Project as proposed, the Department of Fish and Game has determined that for purposes of the assessment of CEQA filing fees [F&G Code 711.4(c)1 the project has no potential effect on fish, wildlife and habitat and the project as described does not require payment of a CEQA filing fee. This determination does not in any way imply that the project is exempt from CEQA and does not determine the significance of any potential project effects evaluated pursuant to CEQA. Please retain this original determination for your records; you are required to file a copy of this determination with the County Clerk after your project is approved and at the time of filing of the CEQA lead agency's Notice of Determination (NOD). if you do not file a copy of this determination with the County Clerk at the time of filing of the NOD, the appropriate CEQA filing fee will be due and payable. Without a valid Nd Effect Determination Form or proof of fee payment, the project will not be operative, vested, or final and any local permits issued for the project will be invalid, pursuant to Fish and Game/ •de Section 711.4(c)(3). r DFG Approval By: Jeff Brandt, +:9) 987 -7161 Date: 9 -3 -08 Title :Staff Environmental Sol- ti .t, Ontario office, R6 DFG 753.5 (01 /07) Conserving California's Wildlife Since 1870 CC December 22, 2009 Item No. 6 Page 132 of 198 COMMUNITY DEVELOPMENT DEPARTMENT LAKE 5 LSINOR PLANNING DIVISION 0 South Main Street DREAM EXTREME. Lake Elsinore, CA 92530 (951) 674 -3124 Voice (951) 471 -1419 Fax NEGATIVE DECLARATION Project Entitlement No(s): Zoning Ordinance Text Amendment No. 2008 -04 Applicant: City of Lake Elsinore Address: 130 S. Main Street Lake Elsinore. CA 92530 Project Location: Citywide in all Residential, Commercial, and Industrial Zoning Districts Project Description: A request to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code, to establish a Water Efficient Landscaping Ordinance to be applied in all Residential, Commercial, and Industrial Zoning Districts Citywide. The Ordinance will promote water efficient landscaping, water use management, and water conservation through the uses of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management. Based on the attached Initial Study prepared for this project, the City of Lake Elsinore has determined that there would be no significant, adverse, effect on the environment due to the scope of the project. All other materials that constitute the basis upon for determining to adopt this Negative Declaration are available for public review at the City of Lake Elsinore Planning Division, 130 South Main Street, Lake Elsinore, CA 92530. This document constitutes a Negative Declaration. RESPONSIBLE AGENCIES (i.e., any agency that has discretionary approval power over the project): City of Lake Elsinore TRUSTEE AGENCIES (Le., the California Department of Fish and Game, State Lands Commission, State Department of Parks and Recreation, and University of California): None Notice Pursuant to Section 21092.5 of the Public Resources Code: The public hearing date for Zoning Ordinance Text Amendment No. 2008 -04 has not yet been determined. The public is invited to submit written comments on the proposed Negative Declaration to the Planning Division, attention Justin Carlson, Associate Planner, 130 South Main Street, Lake Elsinore, CA 92530 or phone (951) 674 -3124. October 13, 2009 J 'n Carlson, Associate Planner Date CC December 22, 2009 Item No. 6 Page 133 of 198 CITY OF ,, LAKE LSINORE - - -�� DREAM EXTREME `' STUDY/ NEGATIVE DECLARATION NO. 2008-11 for Zoning Ordinance Text Amendment No. 2008 -04 Prepared By: City of Lake Elsinore Community Development Department 130 South Main Street Lake Elsinore, CA 92530 October 2o09 CC December 22, 2009 Item No. 6 Page 134 of 198 INITIAL STUDY Introduction This Initial Study has been prepared in accordance with relevant provisions of the Califomia Environmental Quality Act (Cal. Pub. Res. Code §§ 21000, et seq.: "CEQA ") and the State Guidelines for Implementation of CEQA (14 Cal. Code Regs §§ 15000 et seq.: "CEQA Guidelines "). According to Section 15063(c) of the CEQA Guidelines, the purposes of an Initial Study are to: 1. Provide the Lead Agency (i.e., the City of Lake Elsinore) with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR) or Negative Declaration; and to 2. Enable an applicant or Lead Agency to modify a project to mitigate adverse impacts before an EIR is prepared, thereby enabling the project to quality for a Negative Declaration or Mitigated Negative Declaration; and to 3. Assist in the preparation of an EIR, if one is required; and to 4. Facilitate environmental assessment early in the design of a project; and to 5. Provide documentation of the factual basis for the findings in a Negative Declaration or Mitigated Negative Declaration that a project will not have a significant effect on the environment; and to 6. Eliminate unnecessary EIRs; and to 7. Determine whether a previously prepared EIR could be used with the project. 2 CC December 22, 2009 Item No. 6 Page 135 of 198 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM 1. Project Title: Zoning Ordinance Text Amendment No. 2008 -04 2. Lead Agency Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, California 92530 3. Contact Person and Phone Number: Justin Carlson, Associate Planner (951) 674 -3124, ext. 314 4. Project Location: Citywide in all Residential, Commercial, and Industrial Zoning Districts. 5. Project Applicant Name and Address: City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 6. General Plan Designation(s): Mountainous (M), Very Low Density (VLD), Low Density (LD), Low Medium Density (LMD), Medium Density (MD), Medium High Density (MHD), High Density (HD), Mixed use (MU), Neighborhood Commercial (NC), Tourist Commercial (TC), General Commercial (GC), Commercial Office (CO), Freeway Business (FB), Limited Industrial (LI), Business Park (BP), and Public/Institutional (P /1). 7. Zoning: Hillside Planned Development Overlay District (HPD), "Historic Downtown Elsinore" Overlay District, Rural Residential District (R -R), Estate Single- Family District (R -E), Hillside Single - Family Residential Development District (R -H), Single - Family Residential District (R -1), Medium Density Residential District (R -2), High Density Residential District (R -3), Mobile Home Community District (MC), Commercial Office District (CO), Neighborhood Commercial District (NC), General Commercial District (GC), Commercial Park District (CP), Commercial Manufacturing District (CM), Limited Manufacturing District (M -1), General Manufacturing District (M - 2), and Public/Institutional. 8. Description of Project: To repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 related to: 1. The establishment of a Water Efficient Landscaping Ordinance which is applicable to all Residential, Commercial, and Industrial Districts. 2. The Water Efficient Landscaping Ordinance will promote the values and benefits of landscaping while recognizing the need to utilize water and other resources as efficiently as possible. 3 CC December 22, 2009 Item No. 6 Page 136 of 198 3. The Water Efficient Landscaping Ordinance will establish a structure for designing, installing, and maintaining water efficient landscaping in new projects within the Residential, Commercial, and Industrial Zoning Districts. 4. The Water Efficient Landscaping Ordinance will promote water efficient landscaping, water use management, and water conservation through the use of water efficient landscaping, wise use of turf areas and appropriate use of irrigation technology and management. 9. Surrounding Land Uses and Setting: Varies by location as Zoning Ordinance Text Amendment No. 2008 -04 applies Citywide to all Residential, Commercial, and Industrial Zoning Districts. 10. Other agencies whose approval is required (e.q., permits, financing approval, or participating agreement): None. 4 CC December 22, 2009 Item No. 6 Page 137 of 198 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agricultural Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology /Soils ❑ Hazards & Hazardous ❑ Hydrology/Water Quality ❑ Land Use /Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population /Housing O Public Services ❑ Recreation ['Traffic ❑ Utilities /Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: ❑ I find the proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARATION will be prepared. ❑ I find that although the project could have a significant effect on the environment there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be.prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. October 13, 2009 Sig ature Date 5 CC December 22, 2009 Item No. 6 Page 138 of 198 Justin Carlson Associate Planner Print Name Title 6 CC December 22, 2009 Item No. 6 Page 139 of 198 ENVIRONMENTAL IMPACT EVALUATION CHECKLIST 1. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project - specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project - specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on -site, cumulative as well as project - level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," cited in support of conclusions reached in other sections may be cross - referenced). 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a. Earlier Analysis Used — Identify and state where they are available for review. b. Impacts Adequately Addressed — Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c. Mitigation Measures —For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site - specific conditions for the project. 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. CC December 22, 2009 Item No. 6 Page 140 of 198 8. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to Tess than significance. A. AESTHETICS Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact Mitigation 1. Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ 2. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a ❑ ❑ ❑ state scenic highway ?) 3. Substantially degrade the existing visual character or quality of the site and its surroundings ?) ❑ ❑ ❑ 4. Create a source of substantial light or glare, which would adversely affect day or ❑ ❑ ❑ El nighttime views in the area? B. AGRICULTURAL RESOURCES* Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact Mitigation 5. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the❑ ❑ ❑ California Resources Agency, to nonagricultural use? 6. Conflict with existing zoning for agricultural ❑ ❑ use, or a Williamson Act contract? 7. Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of ❑ ❑ Farmland, to nonagricultural use? CC December 22, 2009 Item No 6 Page 141 of 198 * In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Califomia Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agricultural and farmland. C. AIR QUALITY* Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact p Mitigation p 8. Conflict with or obstruct implementation of ❑ ❑ El the applicable air quality plan? 9. Violate any air quality standard or contribute substantially to an existing or❑ ❑ ❑ El projected air quality violation? 10. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air❑ ❑ ❑ quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 11. Expose sensitive receptors to substantial ❑ ❑ pollutant concentrations? 12. Create objectionable odors affecting a ❑ ❑ substantial number of people? * Where available, the significant criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. D. BIOLOGICAL RESOURCES Potentially Less Than Less than Significant Significant Significant No Impact Would the project: Impact With Impact Mitigation 13. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local❑ ❑ ❑ or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? CC December 22, 2009 Item Nr 6 Page 142 of 198 D. BIOLOGICAL RESOURCES Potentiall Less Than than y Significant Significant With Significant No Impact Would the project: Impact Impact Mitigation 14. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional CI plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 15. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal❑ ❑ ❑ pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? 16. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or ❑ CI impede the use of native wildlife nursery sites? 17. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation" ❑ ❑ policy or ordinance? 18. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other❑ ❑ ❑ IZI approved local, regional, or state habitat conservation plan? E. CULTURAL RESOURCES Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact Mitigation 19. Cause a substantial adverse change in the significance of a historical resource asp ❑ ❑ defined in Section15064.5? 20. Cause a substantial adverse change in the significance of an archaeological resource❑ ❑ ❑ pursuant to Section15064.5? CC December 22, 2009 Item No. 6 Page 143 of 1 418 E. CULTURAL RESOURCES Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact Mitigation 21. Directly or indirectly destroy a unique paleontological resource or site or unique❑ ❑ ❑ El geological feature? 22. Disturb any human remains, including those ❑ ❑ El interred outside of formal cemeteries? F. GEOLOGY AND SOILS Potentially Less Than Less than Significant Significant Significant No Would the project: With Impact Impact Mitigation Impact p 23. Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a. Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area❑ ❑ ❑ El or based on other substantial evidence of known fault? Refer to Division of Mines and Geology Special Pub. 42. b. Strong seismic ground shaking? ❑ ❑ ❑ El c. Seismic - related ground failure, including liquefaction? ❑ ❑ ❑ El d. Landslides? ❑ ❑ 0 El 24. Result in substantial soil erosion, or the loss ❑ ❑ of topsoil? 25. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result❑ ❑ ❑ El in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse CC December 22, 2009 Item No. 6 Page 144 of 198 F. GEOLOGY AND SOILS Potentially Less Than Less than Significant Significant Significant No Would the project: Impact With Impact Mitigation 26. Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ ❑ 27. Have soils incapable of adequately supporting the use of septic tanks or, altemative waste water disposal system❑ ❑ ❑ where sewers are not available for the disposal of waste water? G. HAZARDS AND HAZARDOUS MATERIALS Less Than Potentially Significant Less than No Would the project: Significant Significant p Impact With Impact Im act p Mitigation p 28. Create a significant hazard to the public or the environment through the routine ❑ El transport, use or disposal of hazardous materials? 29. Create a significant hazard to the public or the environment through reasonably foreseeable up -set and accident conditionsD ❑ ❑ involving the release of hazardous materials into the environment? 30. Emit hazardous emissions or handle hazardous or acutely hazardous materials,❑ El El substances, or waste within one - quarter mile of an existing or proposed school? 31. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section❑ El ❑ 65962.5 and, as a result, would it create a significant hazard to the public or the environment? 32. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the'—' El El project result in a safety hazard for people residing or working in the project area? CC December 22, 2009 Item No. 6 Page 145 of 198 G. HAZARDS AND HAZARDOUS MATERIALS Less Than Potentially Significant Less than . No Would the project: Significant With Significant Impact Impact Mitigation Impact 33. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the ❑ El project area? 34. Impair implementation of or physically interfere with an adopted emergency El response plan or emergency evacuation ❑ ❑ plan? 35. Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are❑ ❑ ❑ adjacent to urbanized areas or where residences are intermixed with wildlands? H. HYDROLOGY AND WATER QUALITY potentially Less Than Less than Significant No Significant Significant Would the project: Impact With Impact Impact Mitigation 36. Violate any water quality standards or wasteD ❑ ❑ discharge requirements? 7. Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the❑ ❑ ❑ production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? 38. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ❑ amount of surface runoff in a manner which would result in substantial erosion or siltation on- or off -site? 39. Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or❑ ❑ ❑ El provide substantial additional sources of polluted runoff? CC December 22, 2009 Item No. 6 Page 146 of 198 H. HYDROLOGY AND WATER QUALITY Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact Mitigation P 40.Otherwise substantially degrade water ❑ ❑ El quality? 41. Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard❑ El Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 42. Place within a 100 -year flood hazard area structures which would impede or redirect❑ ❑ ❑ El flood flows? 43. Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of❑ ❑ ❑ a levee or dam? 44. Inundation by seiche, tsunami, or mudflow? ❑ ❑ ❑ I. LAND USE AND PLANNING Less Than Potentially Significant Less than Would the project: Significant With Significant No Impact Impact p P Mitigation Im act 45. Physically divide an established community? ❑ ❑ ❑ Eg 46. Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan,❑ ❑ ❑ El local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 47. Conflict with any applicable habitat conservation plan or natural community ❑ ❑ El conservation plan? J. MINERAL RESOURCES Less Than Potentially Less than Significant Significant Significant No Would the project: With Impact Impact Mitigation Impact p CC December 22, 2009 Item No. 6 Page 147 of 198 J. MINERAL RESOURCES Less Than Potentially Less than Significant Significant Significant No Would the project: With Impact Impact Mitigation Impact p 48. Result in the Toss of availability of a known mineral resource that would be of value to the❑ ❑ ❑ region and the residents of the state? 49. Result in the loss of availability of a locally important mineral resource recovery site ❑ El delineated on a local general plan, specific El plan or other land use plan? K. NOISE Potentially Less Than Less than Significant Significant Significant No Would the project result in: W Impact Impact Mitigation Impact p 50. Exposure of persons to or generation of noise levels in excess of standards established in ❑ ❑ El the local general plan or noise ordinance, or applicable standards of other agencies? 51. Exposure of persons to or generation of excessive ground -borne vibration or ground-0 ❑ ❑ El borne noise levels? 52.A substantial permanent increase in ambient noise levels in the project vicinity above❑ ❑ ❑ levels existing without the project? 53.A substantial temporary or periodic increase in ambient noise levels in the project vicinity ❑ ❑ El above levels without the project? 54. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport ❑ ❑ or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 55. For a project located within the vicinity of a private airstrip, would the project expose❑ El people residing or working in the project area El El to excessive noise levels? CC December 22, 2009 Item No. 6 Page 148 of 198 L. POPULATION AND HOUSING Less Than Potentially Significant Less than No Significant Significant Would the project: Impact With Impact Impact Mitigation 56.Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or[] ❑ ❑ indirectly (for example, through an extension of roads or other infra- structure)? 57. Displace substantial numbers of existing housing, necessitating the construction of❑ ❑ ❑ replacement housing elsewhere? 58. Displace substantial numbers of people, necessitating the construction of replacement❑ ❑ ❑ housing elsewhere? M. PUBLIC SERVICES* Less Than Potentially Significant Less than Would the project result in substantial Significant With Significant No Impact adverse physical impacts to the following: Impact Mitigation Impact 59. Fire protection? ❑ ❑ ❑ 60. Police protection? ❑ ❑ ❑ El 61. Schools? ❑ ❑ ❑ El 62. Parks? ❑ ❑ ❑ El 63.Other public facilities? ❑ ❑ ❑ El * Include potential effects associated with the provision of new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services. N. RECREATION Potentially Less Than Less than Significant With Significant Significant No Impact Impact Impact p Mitigation p 64. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial❑ ❑ ❑ El physical deterioration of the facility would occur or be accelerated? CC December 22, 2009 Item No. 6 Page 149 of 198 N. RECREATION Potentially Less Than Less than Significant tnificant Significant Imo pact Impact Mitigation Impact 65. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an ❑ adverse physical effect on the environment? O. TRANSPORTATION/TRAFFIC Potentially Less Than Less than Significant No Significant Significant Would the project: Impact With Impact Impact Mitigation 66. Cause an increase in traffic, which is substantial in relation to the existing traffic Toad and capacity of the street system (i.e., result in a substantial increase in either the❑ ❑ ❑ El number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 67. Exceed, either individually or cumulatively, a level of service standard established by the ❑ ❑ County congestion management agency for designated roads or highways? 68. Result in a change in traffic patterns, including either an increase in traffic levels or ❑ ❑ a change in location that results in substantial safety risks? 69. Substantially increase hazards due to a design feature (e.g., sharp curves or ❑ El dangerous intersections) or incompatible uses (e.g., farm equipment)? 70. Result in inadequate emergency access? ❑ ❑ ❑ 71. Result in inadequate parking capacity? ❑ ❑ ❑ El 72. Conflict with adopted policies, plans or programs supporting alternative ❑ ❑ ❑ transportation (e.g., bus turnouts, bicycle racks)? P. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less than No Significant Significant Im act With Impact Impact Would the project: P Mitigation P CC December 22, 2009 Item Nc. 6 Page 150 of 198 P. UTILITIES AND SERVICE SYSTEMS Less Than Potentially Significant Less than No Significant With Significant P Im act Would the project: Impact Mitigation Impact 73. Exceed wastewater treatment requirements of the applicable Regional Water Quality❑ ❑ ❑ Control Board? 74. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the❑ ❑ ❑ construction of which could cause significant environmental effects? 75. Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which❑ ❑ 0 could cause significant environmental effects? 76. Have sufficient water supplies available to serve the project from existing entitlements❑ ❑ ❑ and resources, or are new or expanded entitlements needed? 77. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected' ❑ demand in addition to the provider's existing commitments? 78. Be served by a landfill with sufficient permitted capacity to accommodate the❑ ❑ ❑ project's solid waste disposal needs? 79. Comply with federal, state, and local statutes❑ ❑ ❑ and regulations related to solid waste? Q. MANDATORY FINDINGS OF Less Than Potentially Less than SIGNIFICANCE Significant Significant Significant No Im act With Impact Impact pact P CC December 22, 2009 Item No. 6 Page 151 of 138 Q. MANDATORY FINDINGS OF Less Than SIGNIFICANCE Potentially Significant Less than No Significant With Significant Impact Impact Mitigation Impact 80. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining ❑ 111 levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plant or animal or eliminate important examples of the major periods of Califomia history or prehistory? 81. Does the project have impacts that are individually limited, but cumulatively considerable ( "Cumulatively considerable" means that the incremental effects of a❑ ❑ 111 are considerable when viewed in El connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 82. Does the project have environmental effects, which will cause substantial adverse effects❑ ❑ ❑ on human beings, either directly or indirectly? -End of Environmental Impact Evaluation Checklist - CC December 22, 2009 Item Nc 6 Page 152 of 198 ENVIRONMENTAL IMPACT EVALUATION DISCUSSION The following is a discussion of the potential impacts associated with the approval of the proposed project, as identified in the above Environmental Impact Evaluation Checklist. Explanations are provided for each item below. A. AESTHETICS. Would the project: 1) Have a substantial adverse effect on a scenic vista? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed zoning ordinance text amendment involves no physical development and separate site specific analysis will be undertaken in association with future development projects Citywide. Therefore, the project will have no impact to any scenic resources. Mitigation Measures: None. 2) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact: The proposed project is an amendment to the City's Municipal Code to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed project involves no physical development and is not site specific. Therefore, the project will have no impact to any scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway corridor. Mitigation Measures: None. 3) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact: Please refer to response A -1 & A -2 above. Mitigation Measures: None. 4) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? No Impact: Please refer to response A -1 & A -2 above. Mitigation Measures: None. CC December 22, 2009 Item No. 6 Page 153 of 196 B. AGRICULTURAL RESOURCES. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: 5) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance !Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed zoning ordinance text amendment involves no physical development and separate site specific analysis will be undertaken in association with future development projects Citywide. Therefore, no relationship exists between the project and the conversion of farmland to urban uses. Mitigation Measures: None. 6) Conflict with existing zoning for agricultural use, or a Williamson Act contract? No Impact: The provisions of the Water Efficient Landscaping Ordinance must be consistent with the goals, objectives and policies of the General Plan and conform to all other applicable aspects of the City's Zoning Code. Therefore, no conflict will be created with existing agricultural use policies or standards. Mitigation Measures: None. 7) Involve other changes in the existing environment, which due to their location or nature, could result in the conversion of Farmland, to non-agricultural use? No Impact: Refer to response B -5 and B -6 above. Mitigation Measures: None. C. AIR QUALITY. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: 8) Conflict with or obstruct implementation of the applicable air quality plan? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace CC December 22, 2009 Item No. 6 Page 154 of 198 it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The project will not change existing land uses contained within the City's General Plan or have any direct impacts on local air quality. The proposed zoning ordinance text amendment involves no physical development and separate site specific air quality analysis will be undertaken in association with future development projects Citywide. Therefore, the project will have no conflict or obstruct air quality plan implementation. Mitigation Measures: None. 9) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact: Refer to response C -8 above. Mitigation Measures: None. 10) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? No Impact: Refer to response C -8 above. Mitigation Measures: None. 11) Expose sensitive receptors to substantial pollutant concentrations? No Impact: Refer to response C -8 above. Mitigation Measures: None. 12) Create objectionable odors affecting a substantial number of people? No Impact: Refer to response C -8 above. Mitigation Measures: None. D. BIOLOGICAL RESOURCES. Would the project: 13) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the Califomia Department of Fish and CC December 22, 2009 Item N'o. 6 Page 155 of 198 Game or U.S. Fish and Wildlife Service? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed text amendment involves no physical development and a separate site specific environmental analysis, including the analysis of biological resources, will be undertaken in association with future development projects Citywide. Therefore, there will be no conflict between the project and any adopted City, County, Regional, State or Federal policy, goal, or plan pertaining to the preservation and/or conservation of biological resources in the City of Lake Elsinore. Mitigation Measures: None. 14) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? No Impact: Refer to response D -13 above. Mitigation Measures: None. 15) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact: Refer to response D -13 above. Mitigation Measures: None. 16) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact: Refer response D -13 above. Mitigation Measures: None. 17) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact: Refer to response D -13 above. CC December 22, 2009 Item No. 6 Page 156 of 198 Mitigation Measures: None. 18) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact: Refer to response D -13 above. Mitigation Measures: None E. CULTURAL RESOURCES. Would the project: 19) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines Section 15064.5? No Impact The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed text amendment involves no physical development and a separate site specific environmental analysis, including the analysis of cultural resources, will be undertaken in association with future development projects Citywide. Likewise, the site specific project will be fully evaluated for consistency with all pertinent cultural resource regulations in effect at that time. Therefore and as such, the project would have no impact on cultural resources. Mitigation Measures: None. 20) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines Section 15064.5? No Impact: Refer to response E -19 above. Mitigation Measures: None. 21) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact: Refer to response E -19 above. Mitigation Measures: None. CC December 22, 2009 Item No. 6 Page 157 of 198 22) Disturb any human remains, including those interred outside of formal cemeteries? No Impact: Refer to response E -19 above. Mitigation Measures: None. F. GEOLOGY AND SOILS. Would the project: 23) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: a.) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed text amendment involves no physical development and a separate site specific environmental analysis, including the analysis of geology and soils will be undertaken in association with future development projects Citywide. All necessary design provisions or setbacks will be incorporated into the project at that time. Therefore, the proposed project would have no potential for geology or soils related impacts. Mitigation Measures: None. b.) Strong seismic ground shaking? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. c.) Seismic - related ground failure, including liquefaction? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. CC December 22, 2009 Item No. 6 Page 158 of 198 d.) Landslides? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 24) Result in substantial soil erosion or the loss of topsoil? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 25) Be located on a geologic unit or soil that is unstable, or would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 26) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. 27) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal system where sewers are not available for the disposal of waste water? No Impact: Refer to response F -23 (a) above. Mitigation Measures: None. G. HAZARDS AND HAZARDOUS MATERIALS. Would the project: 28) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish CC December 22, 2009 Item No. 6 Page 159 0` 198 a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and industrial Zoning Districts. The proposed text amendment involves no physical development and in no way involves or affects the routine transport, use, or disposal of hazardous materials. A site specific environmental analysis will be undertaken for future development projects Citywide. The analysis will include the evaluation of hazards and hazardous materials. Therefore, the project would have no impacts. Mitigation Measures: None. 29) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? No Impact: Refer to response G -28 above. Mitigation Measures: None. 30) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school? No Impact: Refer to response G -28 above. Mitigation Measures: None. 31) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact: Refer to response G -28 above. Mitigation Measures: None. 32) For a project located within an airport land use plan or, where such a plan has not • been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact: Refer to response G -28 above. Mitigation Measures: None. 33) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? CC December 22, 2009 Item No. 6 Page 160 of 198 No Impact: Refer to response G -28 above. Mitigation Measures: None. 34) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact: Refer to response G -28 above. Mitigation Measures: None. 35) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact: Refer to response G -28 above. Mitigation Measures: None. H. HYDROLOGY AND WATER QUALITY. Would the project: 36) Violate any water quality standards or waste discharge requirements? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The project would not change existing land uses contained in the City's General Plan or have any direct impacts on hydrology or water quality. The proposed text amendment involves no physical development and a separate site specific hydrology and water quality analysis will be undertaken in association with future developments Citywide. The proposed amendment would have no affect on hydrology or water quality in the City of Lake Elsinore. Therefore no impacts would occur. Mitigation Measures: None. 37) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.q., the production rate of pre - existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact: Refer to response H -36 above. CC December 22, 2009 Item No. 6 Page 161 of 198 Mitigation Measures: None. 38) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of stream or river, or substantially increase the rate or amount of the surface runoff in a manner, which would result in substantial erosion or siltation on- or off -site? No Impact: Refer to response H -36 above. Mitigation Measures: None. 39) Create or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? No Impact: Refer to response H -36 above. Mitigation Measures: None. 40) Otherwise substantially degrade water quality? No Impact: Refer to response H -36 above. Mitigation Measures: None. 41) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact: Refer to response H -36 above. Mitigation Measures: None. 42) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? No Impact: Refer to response H -36 above. Mitigation Measures: None. 43) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? CC December 22, 2009 Item No. 6 Page 162 of 193 No Impact: Refer to response H -36 above. Mitigation Measures: None. 44) Inundation by seiche, tsunami, or mudflow? No Impact: Refer to response H -36 above. Mitigation Measures: None. LAND USE AND PLANNING. Would the project: 45) Physically divide an established community? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The project would not change existing land uses or allowed densities in association with land use designations contained in the City's General Plan or Zoning Ordinance. The text amendment does not involve permanent or physical separation of the community. Therefore, the text amendment would have no associated impacts. Mitigation Measures: None 46) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. Therefore, the proposed text amendment would have no impact to plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Mitigation Measures: None. 47) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact: The proposed text amendment must be consistent with all existing CC December 22, 2009 Item No. 6 Page 163 of 198 goals, objectives, and policies of the General Plan including the associated Habitat Conservation Plan. While no physical .development is proposed with this text amendment, future development projects will be subject to site specific environmental analysis, which will include consistency analysis with any existing regional habitat conservation plans. As such, no impacts would result from this text amendment. Mitigation Measures: None. J. MINERAL RESOURCES. Would the project: 48) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact: The proposed text amendment involves no physical development and in no way affects mineral resources. A site specific environmental analysis will be undertaken for future development projects Citywide. The analysis will include the evaluation of mineral resources; therefore, no alteration or Toss of known mineral resources would occur from this text amendment. Mitigation Measures: None. 49) Result in the Toss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact: Refer to response J-48 above. Mitigation Measures: None. K. NOISE. Would the project result in: 50) Exposure of persons to or _generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact: The proposed Zoning Ordinance Text Amendment will not expose persons to the generation of excess noise levels, ground borne vibration, or increase ambient noise in the City of Lake Elsinore. The amendment does not involve any development that would impact noise levels in the City. The proposed amendment does not alter any noise related regulations found in the Municipal Code or General Plan and would not lead to a change in the generation of noise. Therefore, no impact to noise levels would occur. CC December 22, 2009 Item No. 6 Page 164 of 198 Mitigation Measures: None. 51) Exposure of persons to or generation of excessive groundborne vibration or proundbome noise levels? No Impact: Refer to response K -50 above. Mitigation Measures: None. 52) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact: Refer to response K -50 above. Mitigation Measures: None. 53) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact: Refer to response K -50 above. Mitigation Measures: None. 54) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact: Refer to response K -50 above. Mitigation Measures: None. 55) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact: Refer to response K -50 above. Mitigation Measures: None. L. POPULATION AND HOUSING. Would the project: CC December 22, 2009 Item No. 6 Page 165 of 198 56) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. The proposed zoning ordinance text amendment would not induce substantial population growth in the City, either directly or indirectly, nor would it cause the displacement of existing homes or residents. Therefore, the proposed text amendment would have no significant impact on population or housing. Mitigation Measures: None. 57) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? No Impact: Refer to response L -56 above. Mitigation Measures: None. 58) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact: Refer to response L -56 above. Mitigation Measures: None. M. PUBLIC SERVICES. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratio, response times or other performance objectives for any of the public service: 59) Fire protection? No Impact: The proposed project is a regulatory adjustment and does not involve any development. Therefore, the project will have no impact on the City public services. CC December 22, 2009 Item No. o Page 166 of 198 Mitigation Measures: None 60) Police protection? No Impact: Refer to response M -59 above. Mitigation Measures: None. 61) Schools? No Impact: Refer to response M -59 above. Mitigation Measures: None. 62) Parks? No Impact: The proposed text amendment to the City's Municipal Code will not have an affect on the number of persons using public parks. Therefore, the proposed text amendment would have no impact on parks. Mitigation Measures: None. 63) Other Public Facilities? No Impact: Refer to response M -59 above. Mitigation Measures: None. N. RECREATION 64) Would the proposed project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact: Refer to response M -59 and M -62 above. Mitigation Measures: None. 65) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse effect on the environment? CC December 22, 2009 Item No. 6 Page 167 of 198 No Impact: Refer to response M -59 and M -62 above. Mitigation Measures: None. 0. TRANSPORTATION/TRAFFIC. Would the project: 66) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. Therefore, the proposed text amendment would have no impact to plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. The project would not require the construction of new roads nor induce additional use of public/private roads. Therefore, the project would have no impact Mitigation Measures: None. 67) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 68) Result in a change in traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 69) Substantially increase hazards due to a design feature (e.q., sharp curves or dangerous intersections) or incompatible uses (e.q., farm equipment)? No Impact: Refer to response 0-66 above. Mitigation Measures: None. CC December 22, 2009 Item No. 6 Page 168 of 198 70) Result in inadequate emergency access? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 71) Result in inadequate parking capacity? No Impact: Refer to response 0-66 above. Mitigation Measures: None. 72) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.q., bus turnouts, bicycle racks)? No Impact: Refer to response 0-66 above. Mitigation Measures: None. P. UTILITIES AND SERVICE SYSTEMS. Would the project: 73) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact: The project proposes to repeal Chapter 19.08 in its entirety and replace it with a new Chapter 19.08 of the Lake Elsinore Municipal Code in order to establish a Water Efficient Landscaping Ordinance to be applied to all Residential, Commercial, and Industrial Zoning Districts. Therefore, no relationship exists between the project and the environmental issue identified above. Mitigation Measures: None. 74) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact: Refer to response P -73 above. Mitigation Measures: None. 75) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant CC December 22, 2009 Item No. 6 Page 169 of 198 environmental effects? No Impact: Refer to response P -73 above. Mitigation Measures: None. 76) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact: Refer to response P -73 above. Mitigation Measures: None. 77) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? No Impact: Refer to response P -73 above. Mitigation Measures: None. 78) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact: Refer to response P -73 above. Mitigation Measures: None. 79) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact: Refer to response P -73 above. Mitigation Measures: None. Q. MANDATORY FINDINGS OF SIGNIFICANCE. 80) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self - sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? CC December 22, 2009 Item No. 6 Page 170 of 198 No Impact: The proposed text amendment involves regulatory changes to the Municipal Code and no physical development activity that could affect biological resources. Therefore, the proposed amendment will have no impact on any sensitive plant, animal species, or habitat. Likewise, there will be no conflict with any adopted City, county, regional, state or federal policies, goals, or plans pertaining to the preservation and/or conservation of biological resources in the City of Lake Elsinore. 81) Does the project have impacts that are individually limited, but cumulatively considerable? ( "Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No Impact: The proposed project involves a Municipal Code amendment with no associated development activity and as such, there are no related or cumulative projects to be considered. 82) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact: The proposed project is a Zoning Ordinance Text Amendment with no associated physical environmental effects. -End of Environmental Impact Evaluation Discussion - CC December 22, 2009 Item No. 6 Page 171 of 198 REFERENCES FOR ENIVRONMENTAL EVALUATION The following references were utilized during preparation of this Initial Study: 1) City of Lake Elsinore General Plan 2) City of Lake Elsinore Municipal Code 3) Draft Water Efficiency Landscaping Ordinance CC December 22, 2009 Item No. 6 Page 172 of 198 CITY OF Notice ofAvailability and LADE LSINDIKE Intent to Adopt An Initial Study/ Negative Declaration DREAM EXTREME. (In compliance with Section 15072 of the Public Resource Code) Project Title: Zoning Ordinance Text Amendment No. 2008 -04 Project Location: City-wide as appropriate Project Location (City): City of Lake Elsinore Project Location (County): Riverside County Description of Project: The City of Lake Elsinore (City) is proposing to repeal Chapter 19.08 (Water Efficient Landscaping) of the Lake Elsinore Municipal Code (LEMC) in its entirety and replace Chapter 19.08 with a revised water efficient landscape ordinance. Clearance for the proposed applications is provided by Negative Declaration 2008 -11, in conformance with the Califomia Environmental Quality Act (CEQA). Name of Lead Agency: City of Lake Elsinore, Community Development Department, Planning Division Lead Agency Contact Person: Justin Carlson, Associate Planner Telephone Number: (951) 674 -3124, ext 314 Address where document may be obtained: City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530 Copies also available at the following libraries: Lake Elsinore Library Public Review Period (20 days): Begins: October 13, 2009 Ends: November 2, 2009 Anyone interested in this matter is invited to comment on the document by written response or by personal appearance at the hearing. For inquires please contact: Justin Carlson, Associate Planner (951) 674 -3124, ext 314 Signed: zde Title: Associate Planner Date: io -' 1 -v 7 CC December 22, 2009 Item No. 6 Page 173 of 198 CITY OF LADE 5 • Notice of Determination LSINORE Negative Declaration DREAM EXTREME. (In compliance with Section 21108 or 21152 of the Public Resources Code) Filed With: ❑ Office of Planning and Research l] County Clerk of Riverside County 1400 Tenth Street, Room 121 2724 Gateway Drive Sacramento, CA 95814 Riverside, CA 92507 Project Title: Zoning Ordinance Text Amendment No. 2008 -04; a request to repeal Chapter 19.08 and add a new Chapter 19.08 regarding water efficient landscaping. State Clearinghouse Number (if submitted to State Clearinghouse): n/a Lead Agency Contact Person: Justin Carlson, Associate Planner Telephone Number: (951) 674 - 3124 x 314 Project Location (include County): City - wide. Project Description: The City of Lake Elsinore (City) is proposing to repeal Chapter 19.08 (Water Efficient Landscaping) of the Lake Elsinore Municipal Code (LEMC) in its entirety and replace Chapter 19.08 with a new water efficient landscape ordinance. Clearance for the proposed applications is provided by Negative Declaration 2008 -11, in conformance with the California Environmental Quality Act (CEQA). This is to advise that the Lake Elsinore City Council (Lead Agency) has approved the above project and has made the following determinations regarding the above described project: 1. The project ❑ will ® will not have a significant effect on the environment. 2. ❑An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. ®A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. 3. The Negative Declaration and record of project approval may be examined at the City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA 92530 4. The City Council adopted the Negative Declaration on July 28, 2009. 5. Mitigation measures ❑ were ® were not made as a condition of the approval of the project. 6. A Statement of Overriding Considerations ❑ was ® was not adopted for this project. Signed: Title: Acting Director of Community Development Tom Weiner CC December 22, 2009 Item No. 6 Page 174 of 198 RESOLUTION NO. 2009 -59 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONING ORIDNANCE TEXT AMENDMENT NO. 2008 -04 (STATE MODEL) WHEREAS, the Water Efficiency in Landscaping Act (Cal. Gov. Code section 65591 et seq.) requires all cities and counties to adopt water efficient landscaping ordinances that meet or exceed the State's model ordinance; and WHEREAS, pursuant to California Government Code section 65595(b), the California Department of Water Resources has updated and circulated a revised model water efficient landscaping ordinance that provides improved methodologies for reducing water use in landscaping; and WHEREAS, California Government Code section 65596(c) further requires that, on or before January 1, 2010, local agencies adopt either: (1) the updated model water efficient landscape ordinance prepared by the Department of Water Resources or (2) a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated model ordinance adopted by the Department of Water Resources; and WHEREAS, the City desires to repeal its existing Water Efficient Landscape Ordinance codified in Chapter 19.08 and to adopt the updated model water efficient landscape ordinance prepared by the Department of Water Resources, as amended from time to time, in its place; and WHEREAS, at a duly noticed public hearing, held on November 17, 2009, the Planning Commission heard evidence presented by the Community Development Department and other interested parties regarding the proposed Ordinance. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. The foregoing recitals are hereby incorporated into the body of this Resolution as if fully set forth herein as findings. SECTION 2. In accordance with Government Code Section 65855, the Planning Commission sets forth the following findings for its recommendation that the City Council approve Zoning Ordinance Text Amendment No. 2008 -04: 1. The Proposed Amendment will provide the City staff, the Development Community, and members of the public with the necessary updated guidelines for water efficient landscaping as required by the Water Efficiency in Landscaping Act. CC December 22, 2009 Item No. 6 Page 175 of 198 2. The Proposed Amendment is consistent with the current General Plan and will assist in the provision of a well - balanced mix of land uses, including the incorporation of water efficient landscaping throughout the City. 3. The Proposed Amendment does not create new districts. The Proposed Amendment simply revised Chapter 19.08 of the LEMC with an updated water efficient landscaping ordinance. Text Amendment No. 2008 -04 is not proposing any new zoning districts that would require General Plan /Zoning Code consistency findings. SECTION 3. The Planning Commission hereby recommends that the City Council of the City of Lake Elsinore repeal Chapter 19.08 in its entirety. SECTION 4. The Planning Commission hereby recommends that the City Council of the City of Lake Elsinore add Chapter 19.08 to the Lake Elsinore Municipal Code as follows: Chapter 19.08 WATER EFFICIENT LANDSCAPING Sections: 19.08.010 Model Water Efficient Landscape Ordinance — Adopted. 19.08.010 Model Water Efficient Landscape Ordinance — Adopted. The State of California's Model Water Efficient Landscape Ordinance, codified in the California Code of Regulations, Title 23, sections 490 et seq., as amended from time to time, is hereby recommended by the Planning Commission for adoption by the City Council. A copy of the Model Water Efficient Landscape Ordinance is on file in the office of the City Clerk and the office of the Community Development Department for use and examination by the public. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 17th day of November 2009. Jimmy Flores, Chairman City of Lake Elsinore ATTEST: Tom Weiner Director of Community Development CC December 22, 2009 Item No. 6 Page 176 of 198 STATE OF CALIFORNIA COUNTY OF RIVERSIDE SS CITY OF LAKE ELSINORE I, TOM WEINER, Acting Director of Community Development of the City of Lake Elsinore, California, hereby certify that the Resolution No. 2009- was passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 17th day of November by the following roll call vote: AYES: NOES: ABSENT: • ABSTAIN: Tom Weiner Acting Director of Community CC December 22, 2009 Item No. 6 Page 177 of 198 MINUTES PLANNING COMMISSION MEETING CITY OF LAKE ELSINORE 183 NORTH MAIN STREET LAKE ELSINORE, CA 92530 TUESDAY, NOVEMBER 17, 2009 CALL TO ORDER Chairman Flores called the meeting to order at 6:01 ,4 PLEDGE OF ALLEGIANCE Vice -Chair Gonzales led the Pledge of Allegiance. ROLL CALL )111 PRESENT: CHAIRMAN FLORES VICE - CHAIRMAN GONZA COMMISSIONER MENDO A a COMMIS' -. O'NEAL COM ION i NELLI ABSENT: NONE STAFF P r : ; . Also ,--ent were: a • Co u, Development Director Weiner, Deputy City Attorne ;e: interswyk, +lic .`•rks Director /City Engineer Seumalo, Planning Consultan ,.?:, ahoe, Ass. tte P anner Carlson and Office Specialist Porche. PUBLIC COM '::..0,._:. S None CONSENT CALENDAR ITEM(S) 1. Minutes a. November 3, 2009 Recommendation: Approval CC December "2. 2009 Item Nc. 6 Page 178 of 198 Planning Commission Meeting November 17, 2009 Commissioner O'Neal requested a correction to the minutes on page three of six, paragraph four, which should read: Commissioner O'Neal pointed out for many years he has requested the developers to go "green" with their designs. He suggested to staff to offer an incentive to the developers such as - • - • _ _ P : _ _ _ _ • _ _ _ _ _ • _ _ having their product advertised on the City's Web site. This would let the public know of a developer that offers energy smart housing and may encourage other developers to follow the same direction. MOTION was made by Commissioner O'Neal and sec• -d by Commissioner Mendoza approving the November 3, 2009 Regular Plan Commission Minutes. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GON A L" COMMISSIONER ME f`,4 ,� COMMISSIONER O AL 0 � COMMISSIONE" 40 ELLI NOES: NONE ABSENT: NONE ��r,, PUBLIC HEARING ITEM(S) � ��`f 1. Conditional Use Per ANo. 2009-0 lance 112009 -02, and Minor Design Review for a Tele �- tions Facili (` located a 422 Rancho Drive. Recommenda o ' / Sri r a � a re / on � ` � � 4 Conditional Use Permit No 2009 -07 to " co g; . tion an. operation of a telecommunications facility consist ste - onopine with six panel antennas and one GPS antenna,- four - : net equipment storage enclosure, and / v , Adopt a re 4ii tion •proving Variance No 2009 -02, granting relief from g =ke Elsinor unicipal Code Section 17.76.100, and c. ° o •t a resow ion approving a Minor Design Review at 422 Rancho Drive Chairman Floret .If ed the Public Hearing at 6:04 p.m. Acting Community Development Director Weiner introduced Planning Consultant Donahoe who would provide a brief summary of the project. Planning Consultant Donahoe provided an overview of the project to the Commission. She indicated the site of the monopine is directly adjacent to Interstate 15 and the southbound on -ramp from Main Street. She noted the applicant has applied for a variance requesting permission to build the monopine to a height of seventy -five (75) feet. She stated the proposed tower is to be stealthed as a monopine which would blend in with the existing mature trees at the site that CC December 22. 2009 Item No. 6 Page 179 of 198 Planning Commission Meeting November 17, 2009 are similar in size and height. Staff recommends approval of the Conditional Use Permit based on the Findings and is subject to the Conditions of Approval. She indicated the applicant is available to answer any questions the Commission may have. Monica Moretta, representing Royal Street Communications stated she agreed to the Conditions of Approval. Chairman Flores asked if there were anyone who wished to speak either for or against the project. There being no requests to speak, Ch ,g , - n Flores closed the Public Hearing at 6:10 p.m. and brought the discus Y ba 'ck to the dais for Commissioner's comments. i i Vice -Chair Gonzales asked if the project would b; • ng to ' ity Council for final approval. sry % Deputy City Attorney Winterswyk replied iy > ting, " ., all of the enti -nts would stop at the Planning Commission unless heQ app .. 5-d . Commissioner Mendoza had no comments. am Commissioner O'Neal had no com` i# s, Commissioner Zanelli stated he has r obj ; 1. 1" • roject. Chairman Flores d-� is ec ro' Id be p j a ayed until the General Plan Update is commd. Acting Community o• 0y ector 'finer responded by saying "The General Plan Up,•15� ,,,. Id n. 4 The decision tonight would be final and allow . �y�; bui • •ermits and construct immediately ". „ e - fr, n Flores a Afire, if th_ `' ere any different types of style that are being wa � oi prop• - i,: or cell towe' such -is s billboards. p ` by stating wireless towers are mainly designed as trees - re li -� . Monica �_ a such as pine, At, o,,f`m. She stated her company is looking at existing structures being altered wN he antennas would be hidden and would not have any visual impact. There being no further comments, Chairman Flores requested a motion. MOTION made by Commissioner Zanelli and seconded by Commissioner Mendoza to adopt Resolution No. 2009 -54, adopting findings that the project is consistent with the Multiple Species Habitat Conservation Plan (MSHCP). CC December 22. 2009 Item No. 6 Page 180 of 198 Planning Commission Meeting November 17, 2009 AYES: CHAIRMAN FLORES VICE- CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE y am. MOTION made by Vice -Chair Gonzales and seconder ommissioner Mendoza to adopt Resolution No. 2009 -55, approving Conditi. 0 U M j� -rmit No. 2009 -07. � 1i/ /01 AYES: CHAIRMAN FLORES % - VICE - CHAIRMAN G,! dZALES COMMISSIONS 4 ,F DOZA , �fi/// COMMISSIONE - O ; j L J� COMMISSIONER ZA : f NOES: NONE ABSENT: NONE MOTION made by � y Co C• �� ssioner Z an�I;,d d sec• � � d Commissioner Mendoza to adopt Resolution j approvin ariance ■o. 2009 -02. AYE 4 , CH a . MAN FLOR �� y.. ,,, , ' MAN O NZALES '%/ ENDOZA ISSION R O'NEAL • CO VW S • NER ZANELLI ' NOES: ?� ONE ,t NT: PONE MOTION made ' mm Mendoza and seconded by Commissioner Zanelli to adopt Resolu,n No. 2009 -57, approving a Minor Design Review for the Royal Street Communications Telecommunications facility at 422 Rancho Drive. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE CC December 22, 2009 Iter1 ■ ∎ No. 6 Page 181 of 198 Planning Commission Meeting November 17, 2009 ABSENT: NONE 3. Zoning Ordinance Text Amendment No. 2008 -04; A request to repeal Chapter 19.08 regarding Water Efficient Landscaping. Due to the complexity of this item, the minutes are transcribed verbatim from this point forward. Chairman Flores opened the Public Hearing at 6:20 p.m. Acting Community Development Director Weiner: - k you Chairman and members of the Planning Commission. This is a Oe =f a Zoning Ordinance Text Amendment in order to adopt Water Efficie / dscap uidelines. As you may be aware from the staff report, it indicates,�4$ LjYfandate• � tate regulations for the City to adopt Water Efficient Lands ,e Guidelines. We '" included the state instructions for modifying the mode ance h, States /1 i'd rdinance local for theadopt ng adoption. gency name i.e. of Lake Ether things of that nature that would customize the ordina ce more for City1 Also one other change that I point - Ordinance is g would like to oint out from the � d, 'a our ordinance incorporates Riverside County friendly landscai "s • - Ines. That.. �•e replaced by City of Lake Elsinore Landscape Guidelin-' yw. uld be b e you by the end of the year. They have been reviewed d c; �'•. n- use and would be more customized to the Ci ake Elsinor; -,.:5 ore . ,guideline to use for their water efficient landscap / i Associate Pia h _ Arlson: % hank you Tty,, nd Chairman Flores, members of the Commission, good , ���n•, indic ' -d, this is following the States guidelines from the , t _ ������ ;��: ' /' , ,,�, ° • s ent • ,, er . Basically we are going to ask to repeal the e g j 4 19 i � ince tha time the water levels have gone down and no e' ey are as "t,"r s to 1‘ ep e more. Staff held a public outreach with the V• nity and dev r -rs an sically unveiled the draft in response to AB 1881. Wes': iverside Co ba 'cally has a uniform palate which makes it easier for the dev=,rs and ce to stake holders. After we had that meeting it came out that the State • have .t tricter code so we (the City) held off for a while. What you have now is , spe rse to that, which Western Riverside County and Western Riverside Coun Gr4: overnment (WRCOG) formed a water task force which staff attended. Basic this new ordinance is a regional document that all of the jurisdictions can adopt. The ordinance as seen now really tries to meet the reduce turf reduction requirements, more friendly landscaping, water reduction, that would help us to conserve more water. Chairman Flores: This is a Public Hearing and there are no requests to speak. Anyone wishing to do so may do so at this time. I will close the Public Hearing at 6:25 and bring it up to the Commission for discussion. CC December 22. 2009 Item No. 6 Page 182 of 198 Planning Commission Meeting November 17, 2009 Commissioner Zanelli: I realize that water conservation is important although I am looking at page 29 of 138 where it says The City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency such as: A. Tiered water rate structure B. Allocation -based conservation water pricing structure C. A rate structure at least as effective as the above options D. Irrigation audits and /or irrigation surveys E. Penalties for water waste 4 Commissioner Zanelli: Who is the person that wo - meeting with Elsinore Valley Municipal Water District (EVMWD) or the E i re Vp er District in terms of !�/ /% the rates structure, the penalties the irrigation au. • s • survec /4 " "6 Acting Community Development Director ` ne :: 4 The ordinan ei . �, elf has clear language assigning the Community D j .• ment ,l irector or h y • esignee authority. Commissioner Zanelli: Prior t9 this change • ?de, the last time the district implemented their tiered water r:1 � n ,, „ tructures, did ave any input or were we consulted on that in any way? t7 * Aka Acting Community Development Dir �or ��, , � now we weren't. With this water efficient ordina �ft is the opp�:, � to • ' rsolved in that process and not be by-passed. If :/ - �, re going ,, partner 's h them or be involved with this process, I wou ,•e incli `:� to bring it`• the Planning Commission and or City i ce Y Council depe •i o, pro durall wha' s a ppropriate in order to have that �,�� ,,. Y ��� discussion. It look 3 w, - • to bF5 irectly involved instead of just the water district ,, auth to • • - ; - 44g,41/ ; ,% C• / issioner O fi ;k As i 'lg,-ric..n's, we have ignored water conservation, green and a lot thin • , at we shouldn't have, and I include myself in this. How- y I would ha' eked • have seen the State Model as well as the County Model ‘41fp ance and ; ould have like to read the differences between the two. Frankly, I trust th ounty at all. The Multi Species Habitat Conservation Plan (MSHCP) w ',,, as. ppose to be something about critters is really about a land- grab and frank • en 't trust WRCOG with anything. Drought tolerant landscaping whether it is inj orthern California or Southern California, you know it exists everywhere. To say that Riverside County is a little bit different than everybody else, yeah well it is, but the principals are still the same. The second part is that Riverside County, Lake Elsinore and developer's need something that is consistent across the board is basically silly. When you have to send something to a landscape architect, they know what the score is in particular cities. There are lots of building codes that are different place to place and 1 don't really think that WRCOG's solution is necessarily one that we can embrace in Lake Elsinore, and frankly it leads me to why I am going to vote no on this. I am really quite frustrated when I read this to try to figure out whose policies. The Pardee project that came before the Commission CC December 22. 2009 Item No. 6 Page 183 of 198 Planning Commission Meeting November 17, 2009 last week is a good example of what is going to happen in neighborhoods. Then there is the situation where you have to have a license landscape architect. Well frankly, if I design a home myself I don't have to go to a licensed architect to design my home so why would I have to go to a licensed landscape architect to do the landscaping. That's silly. There needs to be some flexibility. Finally, what really disturbs me are the tiered water rates. Again I emphasize I would love to vote for something that we construct that is Lake Elsinore driven and that addresses some of the concerns that I have. I think that we can craft something here and we could use the State Model Ordinance and WRCOG Model but we can also create our own model and it's just subtle changes and things that mak- ore fair and more interesting and dynamic. • ". Commissioner Mendoza: I agree with my fellow oner's. What I was thinking, Commissioner O'Neal had said it earlie i e tier% ' ater rate structure. What kills me is that Elsinore Valley Municipal district {r ( D) would go to a seasonal water rate and then if you use m:',"< same amount of ' y y in September that you tried to use in October, your double' But what ki ' s that in October it was 85 degrees for 19 of the 1 .. Bub, s seasonal a so you are suppose to cut back. You can't explain that to s. it goes ba to the tiered water rate structure. Whenever I see anything hat, I am real cautious about supporting something like that, o °1 •ecause it justy ;, back to what our big water company wants to do and nobody y i ( i - e regulates l don't know if anyone else has seen that or not, but there w e s and b..: ' ces for them in our area g• o ° and it is frustrating. So when I see .tiere.l' � ��; ;; 're and new guidelines for our city, I just want to, f i • e on it. / /ii „ Vice -Chair Gon 2.11r-s: 1 ag' with the of : r Commissioner's. I know my water bill is another issue .: er. Acting C � • De 'me f� e I w clarify two things. The Water Distri 3 v s ". -. the -.. orce. T ere were Water District's representatives as pa ' +f the task mo d'; tha initiate WRCOG Model Ordinance. I want to the Commis - ;:4 that I a. erstand some of the trepidation and concerns that the 4 , z i ss i oners h expr 'ssed regarding this ordinance. We have to keep in mind th s e don't a. .t this local model, we are basically mandated to adopt the State Mo... j,&. B 1881 :ys that we must adopt this by January 1, 2010. Commissioner I'm confused by that statement. Are you suggesting that Lake Elsinore co, d not craft there own ordinance alone. Acting Community Development Director Weiner: We can craft our own ordinance. We would have to get the funding to do that and hire a landscape firm to do that in conjunction with planning staff in order to have it done appropriately. We can always adopt this and then come back with a Lake Elsinore Ordinance, if that is what staff is directed to do. That needs to go to City Council with that direction. We can always have a motion, if you so choose. I know the City Attorney had discussions with me about that as well. In terms of money to do that and the time frame we have to establish to meet the State guidelines, I think it is the lesser of the two evils to adopt CC December 22, 2JL . ,;. r''. 6 Page 184 of 198 Planning Commission Meeting November 17, 2009 WRCOG's model and then if we are seriously looking at doing a local ordinance then we could come back and do that. Commissioner O'Neal: Then I am back to my original....What makes WRCOG's model better than the States Model? Acting Community Development Director Weiner: It is all subjective. Commissioner O'Neal: Exactly, that's my point. Acting Community Development Director Weiner: It's a littl r;6 ' re. the language is tweaked somewhat. We can make minor changes, but eeall is not too different than the States. ;/f. much the fang age, the hear what you are problem is that we hay''�s ' • control o problem is not so e water district and the rates they charge. What I would li `o see is the tiered`''' . They picked arbitrarily dates of October through Mar" . whate 7r. We have 't 4 >. ' - nta Ana winds in January when it has been 95 •egg � Oct. is frequent) hot month, so to have this based on dates as opposed ' 1 v to 'based rate hange to me seems unreasonable and unfair Jo the citizens. ';, and that, the appeal process and review, I would like to see th , have someo , volved with that, because it is our citizens that are taking the on this wh'"tit 'mes to the tiered rate structure. It's not so much the ors - - that we = e to adopt, but the fact that we have very limited control ove .t. - } q 0% hw ct - 'd I would real ;HQ. k to see City the Cit be a more a .artner in so :� - .�� �,� / the p• ` that they have put forth. Commissioner deal. , do you ge . • ast the neighbor against the neighbor? p What are lac -s "'` ,, eme `'a doin 9 , wh:fF-, mostly built out? They is most) don't have � ,� / Y the same kind of p 6 � , � tAgain, 5e/ points out it is just WRCOG does not necess- 7 at La' ino � ; o -ally think it is a serious problem when the guy , lawn be - ca , - er his lawn at noon any day of the week and I have to w- a m y ' a -- . �Y . }� the ��`. s 8:00 p.m. and 9:00 a.m. Com •oner Mendoy If thi'is going to change in January why is it being brought to us in ` mber? I h, - do not take action on it, is it automatic structures that we have to up'6;11,, come J Puary 10, regardless? Deputy City A '•s Winterswyk: The government code mandates that the State adopt either the Yates Model Ordinance or a local ordinance that is as effective in the conservation of water as the States Model by January 1, 2010. So those are your two options. If you choose to take neither of those options, neither A or B, then the States Model would automatically apply to your city. So, by not adopting either the States Model or a local ordinance that is as effective in the conservation water as the States Model Ordinance, you are saying, OK as a city we are fine with adopting the States Model. CC December 22, 2009 item No. 6 Page 185 of 198 Planning Commission Meeting November 17, 2009 Commissioner Mendoza: But we can adjust that after.....like we are still working on it now and we accept the States Model at 2010. We can adjust come February or March. Deputy City Attorney Winterswyk: Yes we could, but we just have to make sure that any adjustments that we make to the ordinance resulted in an ordinance that is as effective as or more effective in the conservation of water than the States Model. Acting Community Development Director Weiner: What I would recommend happen, if that is the direction that the Planning Commission wants to go....we can be directed to bring back a study session or just an infor _., al report in order to get your feedback as to what you want to see in tha , dina' ce. We can take information and try to apply all that we can that would , •• nsistent with the States Y 4 and then do one of our own. It would really � ens what the Planning Commission wants to see at that point. %i Acting Community Development Director W-' r We did have an 0 :t ance a while back and we had an informational meeting t the 3; -tes guideline; e more restrictive and we had to change W'‘ Oli the, ; minute. f ecula and Riverside County have all recently adopted the fg tober. So we a e right in line. We are actually number three in the order tha e done it. I've checked with Murrieta because I believe they -';`? the process o lily ing theirs adopted, but I did not get a return call. ,. Commissioner O'Neal: What I woul•"a - •' , ,,� „. f � "s is any reference to tiered water rates and P any t by olitan Water District Plans. I s ec' - . an endor ` .� ' a understand that th- 'G�,% ,.kinds of f • lems in • rthern California with water and � ` Southern Califo �� p " �' It ha en going o or some time. I used to build in Northern • California and •e ,use t‘ ell at me bed e I was from Southern California and was washing my -way. ey use to hate it because they got penaliz / , " was i la ` �5�' � is has been going on for a long time and they poi ' i gr s end g a � as to why you are not going to get any more water in So 4 ern Californ ' he s '; • ing is I don't know how to do it, but to get away agar "ei hb ecause I recognized the need for developers and % g y ° to en • but it see ,,, me • Acting Co ' ` ity Dev��.'). ment Director Weiner: Chairman, we'll look into that. I'm not sure whaa th. ou saw that may cause that. We will look to make sure that any grandfathe ° ",0'' or anything like that where one has to do and one doesn't. Commissioner O'Neal: My house is an example. Acting Community Development Director Weiner: Right, I want to confirm. Commissioner O'Neal: Let's look at Pardee Homes. We had a bunch of people that were complaining about, well the new standard is horrible and we can't do this. OK that's fine, but now they are going to see the new standard doesn't apply to them, that only apply to what Pardee builds next. You see what I am saying unless you pull a permit, is the only way you get the new standard put on you. CC December 22, 2009 Item No. 6 Page 186 of 198 Planning Commission Meeting November 17, 2009 Acting Community Development Director Weiner: If this is adopted, and I'm not assuming what action the Planning Commission may take this evening and subsequently the City Council, we can always come back and address these certain point in the code that can customize it to address those things. We are going to have to do some research obviously at that time, with the State to make sure things are consistent enough where they will say, yeah this is good or not. Then we can proceed. We will take all those things and apply as much, if not all. Commissioner O'Neal: I don't have a problem with th -/, 4, to Model and then adjusting it as we go along. '%�" !f `' � Deputy City Attorney Winterswyk: I see the provisi ' tha %� are referring to It's clear, absolutely. °l/j o Commissioner Zanelli: Tom, if I may, is the a reference in the - Ordinance to where they are mandating tiered water ra : ructure° ? Acting Community Development Director Wein - , , the State Ordi is... Commissioner Zanelli: Along ieh °� obviously th �i mandating penalties. I'm just curious what formula they are Acting Community Development Dir ' a, here is a formula and they are leaving it. Actua RCOG has „,�P echa ``5`�'o get us involved. What the local ordinance, t • 1l dinance is is ge¢ ng us involved with the process to some extent. , w muc ” a hammer ,, a have, frankly is going to be tested when they want to d:' � � Icial t ed rate and . � s like that As it stands right now, we have no say over wo e • strict d• in terms of tiered rates. Adopting this, accordi * /� ,t ,1,! %l!, ; ordm ge �� ,% How much however, I think still has to be teste ' sioner O Ne_ You sl y' totally disagree with that. By adopting WRCOG, we a recog" , g ti: -d. By allowing the State model to be factored in, we are not `' *ng a state nt one way or the other. To me, that is a big difference. I am not i / ted in ,, dorsing tiered water rates, the way Metropolitan Water District has e , - it for all of the rest of them. My point is, the state mandates tiered water ra 1- j% but the fact is that it is not done by WRCOG in concert with Metropolitan Wa f; District, EVMWD and Elsinore Water District. Vice -Chair Gonzales: Who is going to monitor the penalties for water waste? Are we going to hire a water cop? Acting Community Development Director Weiner: You know, this ordinance talks about the Community Development Director or his designee. The water district has certain rights to enforce as well. So you are correct. CC December 22. 2009 Item No. 6 Page 187 of 198 Planning Commission Meeting November 17, 2009 Vice -Chair Gonzales: Are we going to have a double penalty, one from the City and one from the water district? Acting Community Development Director Weiner: Well, I think we would work in concert to make sure that it didn't happen. The water district has the ability to do that. Deputy City Attorney Winterswyk: I would like to make a quick point. I am hearing the discussion going in a direction that is away from the resolution that was drafted as part of the packet. The resolution that was drafted a ►: / as included in your agenda packet is a resolution recommending that the Ci , ouncil approve the form of the Ordinance that you all have and have s'' rovided `^- P very helpful comments. !u There are a couple of options tonight. We could ��e -'s � ion on the resolution recommending that City Council approve this f• m' "of the • -nce that is in the packet or another option is to make an alter U % .egotion to h � he City Council consider adopting or recommending to th :/ ity Council that t`. -dopt a State Model and give staff direction to come la,„fkt.t a lad° date in the / Fa; d ure with s option to recommend to the City Cou " State Mode Mil there ,�,�, Ordinance be adopted in its entirety without any direction for, - revision. Then there is the option to send this back and do 0, n It you want to do something, �r /, g• sound � ;�;, and so one of the three options ,, ost likely - . nsidered. There are options for you to consider and you 4 :: - to delib: e. Commissioner Zanell ., , ''e issue is no . '� uch d itself, it's the fact that we have no contr ', �'- r ate struct ., - the pen: ies, the audits and these things which affect all ! e citiz. ; and woul..e shoved down their throats by EVMWD and we have 'o r to th p. That's wh. t ave an objection to, and whether we • take the State mo• -4 1 t v ; G, it's � .t going to change that. That for me is the imp. 0 , j ng, t' r ,ity 4"' ;� `'as a say in what is going on with this, beca . � � ��P�'�; �, - ti igh. o ehind me that got a $1,500 water bill and mine a few m• jes ago was . i;.dolla .!? d i . is outrageous. ' "f Dep � , t Attorney , v „ Y Y � °,, ters k: Unfortunately the system is such that we can't impose ` ; on 41° water district. We are two separate local government entities. ' 11,Te we ca to the greatest extent possible, create an atmosphere opportunity .”- ,y, labeition and to work together to the best of our ability, but to the extent that we : t down from the other side. We can't force ourselves upon the other side. Commissioner Zanelli: I understand that, but this has a major impact beyond the homeowners and all of the development that takes place in the City. Anytime someone wants to come in and put in a sewer system the costs are outrageous and it is killing development. Commissioner O'Neal: May I make a suggestion. Could we take a five minute break and think about how we want to approach this. I want to walk around and think about something here. CC December 22, 2009 Item No. 6 Page 188 of 198 Planning Commission Meeting November 17, 2009 Chairman Flores: Before we do that I would like to know if there are any modifications that we could do to page 29 of 138 where it states, the City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency. We could remove the remaining. Commissioner ZaneIli: As I understood, that is State mandated. Chairman Flores: But we may modify and adjust which is still within reason of enhancement and encourage landscape water efficiency /O emove the bullet A through E. Those efficiencies would be coordinated b: peen the City and water purveyors or the coordinator who would be workin • p�s the purveyor for these P urve Y penalties which would eliminate the entire issue on ` on. % /:c. Deputy City Attorney Winterswyk: I think it ialtt4iile. Bec: ` &`a the government code says, if we adopt our own ordinanc- e standard for do ���' cY. � o is that our ordinance is as effective in the conserva� : of wata as the Stat; - ���,,�, 'el. The States model is designed with that pu`p0 • mi � -� � o conserve er, so the question that you want to ask yourselves is, is t,; w er rate st cture the only way that the City could enforce this ordinance to -G c that water conservation was acknowledged and followed by t j, izens of Lake„ , e ore, and if your answer is, yes, tiered water rates are the o ' "o achieve t "fr % „• n I believe you would have to list only item "A” on page : __ 4, ice=- y P 9 � ,-;,-are othe - � ms that are listed here. Presumably these other methods th' - %`'%!gib•. • � a to encourage e landsca water use efficiency., , •n't believe "s st is ''� %`' landscape / � hausted. Usually when you have a list that is rK l• .r an ordina e and it i -dot exhausted, it is placed there to give some li,� -d ui•' e on the t' :es of things that would be possible and leads people • o at pa of thinking. q, ou take it away, it does eliminate the option. Tiered rate-i4,— ,•tion, b ; ou're just not listing it expressly as an option. , ' ii���,�� „�� C. issioner Z y Th `f -n' an option, because we don't have control over e don't hay: of these items because we don't control the wate Deputy C'f, ttorney interswyk: Well, we don't control the water rate that is correct. We the bility to coordinate with local purveyors to identify programs � such as tiered Gate structures. I think that the Chairman's point is a valid point, that you could el mate A through E and the statement could be made that the City of Lake Elsinore will coordinate with local water purveyors to identify programs that enhance and encourage landscape water use efficiency. That is as effective as making this list. It doesn't take anything away, and it doesn't add anything. It says the same exact thing without using the words tiered water rates structure. Chairman Flores: They have asked us because of the "such as ". It is not mandatory type of requirement that the water purveyor's ask the City to do. So by eliminating the A through E and accepting the proposal at a later date, I believe we could coordinate additional usage penalties and so forth and therefore eliminating the CC December 22. 2009 Item No. 6 Page 189 of 198 Planning Commission Meeting November 17, 2009 "such as" A through E. If that is made possible then the rest of the item that is presented to us today could continue and we would have no involvement until a later date for the additional A through E. Justin, reading through the material you submitted for review, I did not see reclamation or irrigation water supplies usage for some sort of efficient landscaping. Is that something that is coming? Associate Planner Carlson: That is a good question. I want to say do remember being at a task force meeting and someone brought that up. d I want to say that had been included, but I'm not sure 100% because it wasn't going to be available in the next decade to single - family homes, but mkt or schools and high traffic areas. Chairman Flores: The City of Corona, for the wate / ici ' dual ample systems which use reclamation s ■ y�f ,apron have ,p " � throu • "/(,q,„, . not t o on nly housing age. development but of course structures as ind ;; "' g T something that needs to be placed in to this proposal for ac 'tance for City Cou ' u o that we are prepared when that future distribution of r ° " ation .,.ter is brou g particular with the new homes that were dis ed a�'I,- last meetin City. ,; : eclamation water is going to be the second usage through " area. So I was 'surprised that water and non anything b a mentioned since the effici- . means no usage of drinking Associate Planner Carlson: I can loo ��` ; Deputy City Attorne '.terswyk: I ething that is in the State's Model Ordinance - �� this issue lated to - .08.140. It's listed on the 3 page, the very , -" row, r.' ,,, 0, you wi ,,, ee the original text of the State's Model Ordinance says ' „4 . local gency d' G , may • � . Date another agency, such as a water purveyor to implem- ; of the quirements contained in this ordinance. Local A. - _ ay c.� G ra . purveyor's to define each entity's specific resp. `"s i ° ,�� d to y ordinance. On the next p a g e it says, a local agency esignate a 6 age {%v b uc� as a water 7 purveyor to implement some or all of % ! irements co ��; ed in ;4` ordinance. Local agencies may collaborate with their ”: -r purveyors' deft "° each entities specific responsibility. So the States Model ,.- m lates d ,, P retionary relationships between the local agency and the water pu So t States Model does not mandate that the City collaborate with the wate „ ric, j t says that the City may. So if you feel that you would like to recommend tha) coordination be revised to either be eliminated entirely or to be left as is or to b ;f -ft as is with the elimination of A though E, you have discretion to make that recommendation to the City Council. Acting Community Development Director Weiner: The may basically turns into a "will ". Commissioner Zanelli: What does the State regulation say regarding water purveyor's necessity to even entertain any input from the local jurisdiction? CC December 22, 2009 .te.n No. 6 Page 190 of 198 Planning Commission Meeting November 17, 2009 Deputy City Attorney Winterswyk: It says that you work out your relationship and define each entities responsibility. It doesn't mandate. Commissioner Zanelli: In other words, it means nothing. Because there is no....its not incumbent upon the water district to take any input from the City, even though the State regulator's say, we may and then they say, yes you may, but we don't really care because this is our bag here, and we do what we want to do. Commissioner Mendoza: In the same instance, we need to give the residents of our City something else to fall back on besides just what EVO, !tries to bite out of them. ' mil Commissioner Zanelli: I agree. That's 's what I don' %, �'' 9 ,,e a � f � � this, that the citizens have no representation from their City in the a . • I u . a tion o ordinance by the water district because that's actually whose go, f ' ", b- implem 4' • this. The City is not going to be implementing this becau 4 ' we don't control t''' „.ter rates, we don't control the the s , we don't se enalties� , P �;, y°r -ms and we'�¢ ��- o direct ' control of the water district. %% Deputy City Attorney Winterswyk: According to`° r, " State's Model Ordinance, the City does have an obligation to e $ � e penalties fo '3„', -tion of the Ordinance. You are right in a sense, but there is al 'tt "- to it The 1 4,,• - b n't have control to fine or ontrol of the setting should of the rates, �n e d� ` ir incre o -d rate. We don t have t • in other ways that we (the city) can exercise. ; if Commissioner ,A -11i: AnirAr at would rose be? Deputy City Attorne ; / y •A ;,, I don't / ow. We would need to come up with them / / /�/%' Cod issioner Z: I'm / to -sted in penalizing anyone. I'm not interested in ciP a tiere• %s - to •' r :'ize these people for living. I am all for water cons =,'on but my ¢.7t is, 1 = = have no control over what the district does in terms of their "' , and the:3ore our citizens are individually left to go fight their own battles wit; water •; ` rict. It is my feeling that the City should have some input or some repres - , ion the citizens when it comes to these issues. That is what I don't see here. Deputy City Attorney Winterswyk: I believe the reason you don't see that here is because that is a local government structural issue that is beyond the scope of this ordinance. That is an issue that would need to be worked out with completely different legislation. The water district is a stand alone entity. Just like Southern California Edison is a stand alone entity. We have to work together collaboratively if we want to provide the best services to our citizens. So, if the City of Lake Elsinore receives complaints from the citizens regarding the tiered water rates structure and all of that, then we would, and we do feel the need to convey those complaints to the water district we can do that much. But our government structure doesn't allow us to CC December 22, 2009 Item No. 6 Page 191 of 198 Planning Commission Meeting November 17, 2009 excerpt any sort of force over the water district itself. We will do our best to provide an ordinance that protects them in a way that we believe protects their interest in terms of water conservation, in terms of taxes, in terms of fees, to the best of our ability, but to the extent that we would like to go and change some policy for another local governmental structure, our ability to actually effect the change is limited. It is tough, I know. Commissioner Mendoza: I think what we need to do is to establish some type of ordinance that supports our residents. What we can do is try to get an ordinance together where the residents, if they have to go fight and t. ,; to court, it hopefully becomes case -law against the water district and there isifothe ste e it. PPin9 stone for them to change Acting Community Development Director Weine,: ou t to go that route Commissioner, if in fact that motion is made, if ,i ' o 'on is cle:�� � also come back with modifications that the Planning Comm' � seems a ppropn :�� on . ` ,, ; t a later date with a text amendment, we can do that after e New Year. >¢- - an come back, get your feed back and then try to us', e it J a,, way as well. gust need to make sure that the motion is clear, that way w . ' e , aka it to Counci , they're clear as to what the Planning Commission is recomme` ., and if they are on board, we have clear direction as well ' Commissioner Zanelli: If we were a e q - ,� the A th p y gh E, that is not saying that we endorse the tiered water ra( -s ' n ,s, '� two, would like to make i ;y � umber two the change I he ` o it 6, t4=' 4¢ ,�re it says, g � y o �Elsinore will coordinate.....1 would like to cha /d will to s e. -II. I woulh - ask the Commissioner's if they would like to m forwar ,ith that. 1 si -an I don't want to dump this back on to staff to come • ac ' ,� ,} „ ' - « om %' anelli, I followed what our City Attorney /1 il / / �� Jr state • sinner Zane ii ay" / % 4 ' . m, ay i '% eutral non descriptive powerless word. Chairm. 4 %res: You q ggested "shall ". .le Commission "Shall" is a strong word, it is not optional. "May" is an optional word. Chairman Flores: So "The City of Lake Elsinore shall coordinate ". Commissioner Zanelli: That is what I personally would like to see. Chairman Flores: Would you want to eliminate A through E? Commissioner Zanelli: Yes. Chairman Flores: Do we have a motion? CC December 22, 2009 Item No. 6 Page 192 of 198 Planning Commission Meeting November 17, 2009 Commissioner Zanelli: I would like to make that motion that we adopt it with those changes if that is acceptable to the Counselor. Vice -Chair Gonzales: What about the thing with the landscape architect. Commissioner Zanelli: I would be willing to strike that as well. I think that is a bit excessive. Vice -Chair Gonzales: It is on page 17. Commissioner O'Neal: It seems to me....and I appreci., Commissioner Zanelli's approach to solve this problem, but it seems to me tha 1 f.• ht be better to drop just a little bit and look....Tom, you and I went through , yam � 001„, ; i,„ today, that I haven't even expressed because I can't remember all o,,,thzio . Bu ` 9 a are a number of things that need to be addressed, I think. 'I *totally �p`-d, some of the language that you want to eliminate does so('. 'some of those pro 6W . Deputy City Attorney Winterswyk: The f •rm �, °,; ors ce you have M ore you, is a form that you have had many G,. y Y comments � the' options yo have are to recommend to the City Council, that the City ;. cil approve the form of the ✓i ordinance as it sits before you ���,o modification ���, •tion two is to approve � the form of the ordinance as it sits b °r ± u with spe `� t ) „ • ifications that you all identify. Option three is an alterna °fix- �i& , - nd wha can by that is a motion not on the resolution that is in fron %. f yo , "6,, olution that you make up verbally to recomme7,,at the City ` . cil a• • ,�;� e State's Model Ordinance. Option four would ;- .0 recom d that th° City Council adopt the State's Model Ordinan ith dire4Y, n to staff i'f- conomically feasible to come back with a revised ordinaric =1 o is Io A i to Lake Elsi "� . - ° � % ,,,,,7 � %`te Commis , , ,� � r � endo hstro ���a mend we use option four because we can nicked • • thin' - J rest of t "e night. We can go with option number four wF `'° we recom m '1'¢ " to a5 h - State's Model Ordinance and then come back at time with t ange Tat we need to satisfy our residents and satisfy ours- Y;®„, I think if Mmovd "oo fast, we are going to over look something. We need to and commend that we adopt the State's Model Ordinance and come bac ,fh•ossible j any changes to it. Chairman Flore ,;fie •uld that be considered as an alternate motion? Deputy City Attorney Winterswyk: if you would like to say "so moved ". Commissioner Zanelli: Tom, do you have a ballpark figure as to what the cost would be to come back at a later time to redo an ordinance? Acting Community Development Director Weiner: I anticipate the cost to be minimal to none. I think we can certainly do it in house. I say that with a caveat that I do want to make sure I get all of the comments before I make that commitment. I am confident we can do it, very easily. CC December 22, 2009 Item No. 6 Page 193 of 198 Planning Commission Meeting November 17, 2009 Commissioner Zanelli: One, just for my own clarity, on the landscape architect as I read it, if an individual landowner has the square footage that falls into the requirement, he is going to be forced to go out and spend thousands of dollars. I don't have a problem with requiring a landscape architect for a development that is an entirely different issue. Acting Community Development Director Weiner: We do have a solution to that. When we adopt our own landscape guidelines, which basically are pretty pictures that show you how to do certain landscaping, that is mon q; ) e received from the water district to go out and get that done. A licensed, dsc. se architect would have provided in our guidelines different examples for a 6 *- to use. Commissioner O'Neal: Couldn't we also e Ian fr ado p, et • p r a that commercial ventures shall use California licensed, but saying? I? 9 es.... �; see what I am Acting Community Development Directo " Ab %. fr ely. , Commissioner O'Neal: I have o e more questioth all of the discussion, you are primarily responsible for putting ti; p er this propos / o you see any kinds of pot- holes that we are stepping into? %% Associate Planner Carlson: No, in ;! o•; �� �, Y ; �2,�,r • t the WRCOG was pretty close, but I am not a - e, cape archite l;,., /f, 41 Acting Commu / , Devel.;f ent Directs`,, Weiner: They are similar, just some language that a ' nged., ;, - - Chairm. �� tto ∎'1! %the time for the motion - • Ma �` i n te De y City Atto // 'n ,Yes I believe it would be appropriate if none of Commi . s hav= a comments. COMM' zr 1( er O'Neal: '; ell we have to repeal the first part anyway. Deputy City � e ., a nterswyk: If you don't vote on the proposed resolution, we would need to ave a motion to recommend that the City Council repeal the existing section p.08 and we take a vote on that....then we have the second motion which would be to recommend that the City Council adopt the State's Model Ordinance and recommend that the City Council direct staff, if financing is feasible, to come back with modifications to the States Model Ordinance to make that ordinance tailored to the City of Lake Elsinore and to conserve water as a efficient manor or more efficiently than the State's Model Ordinance. So we can take them one at a time and if you would like for me to repeat, I would be happy to do so. Acting Community Development Director Weiner: We do have a motion on the floor by Commissioner Zanelli. CC December 2212009 Item No. 6 Page 194 of 198 Planning Commission Meeting November 17, 2009 MOTION failed for the lack of a second. MOTION made by Commissioner Zanelli and second by Vice Chairman Gonzales to adopt Resolution No. 2009 -58 to repeal the existing Chapter 19.08 of the Lake Elsinore Municipal Code. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA O'NEAL COMMISSIONER ZANELLI NOES: NONE ABSENT: NONE MOTION made by Commissioner O'Nea am „cond.y Commissi•r Mendoza to adopt Resolution No. 2009 -59 recommen: ,A,4 :t the City Cou cil adopt the State of California Model Water Efficient Lan. •e Ordinance and to further recommend that the City Council f t � if fina”` ' feasible, to come back to the Planning Commission and 414,0% cil with re ded changes to the State's Model Ordinance to mak u ' ance tad to the City of Lake Elsinore in a way that is as effici' t or Y � �'="� I ' -/` t than the States Model Ordinance in the con � tion of wate AYE ;e C ,f, MAN FLO K ''4 S VIC HAIRMAN ZALES �,s ON ER NDOZA f � >s;. ONEAL ISSION R ZANELLI // y., NOES: /// / ON y% 0.44 SENT: ONE MOTION m. �, .y „io a Chairman Gonzales, and seconded by Commissioner O'Neal to ado �s - solution No. 2009 - 60A, recommending to the City Council adoption of Ne• - e ve Declaration 2008 - 11 for Zoning Ordinance Text Amendment No. 2008 -05. AYES: CHAIRMAN FLORES VICE - CHAIRMAN GONZALES COMMISSIONER MENDOZA COMMISSIONER O'NEAL COMMISSIONER ZANELLI NOES: NONE CC December 22. 2009 Item No. 6 Page 195 of 198 Planning Commission Meeting November 17, 2009 ABSENT: NONE Acting Community Development Director Weiner: For the Commission's information, we did schedule this for the next City Council meeting, next Tuesday with the report to the City Clerk expecting the report by tomorrow morning. Based on the extensive discussion that we had this evening, we may continue it to the following meeting, but I have to see procedurally if that is acceptable based on the time frames that the assembly bill has us under. So just as a FYI we may have to continue it. If we do continue it, it would be the very next ., 3,, "I meeting. BUSINESS ITEM(S) None STAFF COMMENTS may f % �� Engineer Seu a ' Public Works Director/City Y 9� �,� me °; on the foil mg: • /, He notified the Commission th. staff would bn ey rward a proposal to the City Council to place a "dog park" {j Rosetta Ca ` area. He stated there is funding and space. %'' • He wished everyone a Happy Than • iv y f PLANNING COMMISSIQ� '1 ' .,� �:�, S COMME �� fy '% Chairman Flores • ente• the folio 1y yr � y, • He thanked the C• gig 1 e d' 'ussion regarding the water efficiency „% c ordinan • He t ed s the 4,5; on working with the semi trucks leaving their tr.' rigs behind on o • e e of the exc - • e tra 4 f at the Plaza shopping center between the hours of 4 to . and using • paring lot as a passage way to avoid the signal. Public Works ff% or /City E ( eer Seumalo responded by saying he would discuss this with the Ci raffic ,�. �;. • ineer. Vice - Chairman Go` 1' es commented on the following: • No comments. Commissioner Mendoza commented on the following: • He spoke of the stop sign at La Strada and Summerhill and asked if that would be installed before Thanksgiving. Public Works Director /City Engineer Seumalo replied that it would be installed before Thanksgiving and stated it was to have flashing beacons, but have not receive that yet. CC December 22, 2009 Item No 6 Page 196 of 198 Planning Commission Meeting November 17, 2009 • He spoke of the grading at La Strada and how they have turned it into a mining facility and how they can get away with that without any environmental impact report. Public Works Director /City Engineer Seumalo responded by saying that the City Manager met with them today and a stop work notice has been issued. Commissioner O'Neal commented on the following: • He agreed with Commissioner Zanelli's comments on the telecommunication tower. I would have liked to have commented on the plans prior to construction. Commissioner Zanelli commented on the following: • He spoke of the County's telecommunication ow! at exceeds height requirements and would require a variance and t3, - ha s "'� ��f� • ut to that what so ever. Acting Community Development Direc " :i y replie k1: , saying the City received a written notification as well as a,,' her jurisdictions so< �; e in August 2008. He stated he followed up in Septe lCo see If -ny other juris�a' ;, ' had any Y 9 �, issues. Public Works Director/City En mee` : ., f '� M , m �1ded Engineang did stop the work because we did not receive any app �r any review opportunity, and we were directed by the attorney' office that the ,/ is beyond our jurisdiction. ADJOURNMENT '-4;> It was the consensus of the Comm the December 15, 2 Regular Planning ion meetint, „: : �� 009, Re g 9 � , � 00 p. �� •Gated at 183 N. Main Street, Lake Elsinore, C � , l Vice- Chairma ”` G - - urned the m, : ° 'dig at 7 :47 p.m. •, % JMMY FLORES, CHAIRMAN Respectfully Sub' ti, iJ DANA PORCHE OFFICE SPECIALIST III ATTEST: CC December 22, 2009 Item No 6 Page 197 of 198 Planning Commission Meeting November 17, 2009 TOM WEINER ACTING DIRECTOR OF COMMUNITY DEVELOPMENT F�� / 9 y %% r /3 / , //Ib ' 4 / J 4J/ • 1 /, ,,, �/ y ��' 1, //' y% %j %r/ 4-7/ ''..;/, i ff // s CC December 22. 2009 Item No. 6 Page 198 of 198