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HomeMy WebLinkAboutOrd. No. 2010-1269Page 1 of 19 ORDINANCE NO. 1269 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TEXT AMENDMENT N0.2008-04 REPEALING THE EXISTING CHAPTER 19.08 OF THE LAKE ELSINORE MUNCIPAL CODE 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 Ordinance No. 1269 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 19.08.020 19.08.030 19.08.040 19.08.050 19.08.060 19.08.070 Short Title. Purpose and Intent. Definitions. Applicability. Landscape Documentation Package Requirements. Project Information. Planting Plan Requirements. Ordinance No. 1269 Page 3 of 19 19.08.080 19.08.090 19.08.100 19.08.110 19.08.120 19.08.130 19.08.140 Irrigation Design Plan Requirements. Soil Management Plan Requirements. Grading Design Plan Requirements. Landscape Irrigation and Maintenance. Review and Certification of Landscape Documentation Package. Water Conservation Requirements. 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 ta 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: Ordinance No. 1269 Page 4 of 19 "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. "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. Ordinance No. 1269 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 Ordinance No. 1269 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 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 Ordinance No. 1269 Page 7 of 19 City departmenYs. 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 applicanYs name and the applicanYs 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." Ordinance No. 1269 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 seleetion 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 YZ"). 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. Ordinance No. 1269 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 Ordinance No. 1269 Page 10 of 19 b. 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. 14. Estimated Annual Water Use (EAWU): a. EAWU for a given hydrozone is calculated as follows: EAWU (in gallons) _ (ETo)(0.62)(((PFxHA)/lE) +SLAj 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 Ordinance No. 1269 Page 11 of 19 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. 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: Ordinance No. 1269 Page 12 of 19 1. the capacity required for peak water demand based on water budget calculations; 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 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: 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. Ordinance No. 1269 Page 13 of 19 Q. Irrigation Design Plans shall identify and site the following: 1. Hydrozones. other designation. hydrozone. a. Each hydrozone shall be designated by number, letter or b. A Hydrozone Information Table shall be prepared for each 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. Ordinance No. 1269 Page 14 of 19 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: 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). Ordinance No. 1269 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 • �: 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. Ordinance No. 1269 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. Ordinance No. 1269 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. Ordinance No. 1269 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 12 day of January 2010. ���,�.��' -�GZ MELISSA A. MELENDEZ, MAYOR ` CITY OF LAKE ELSINORE ATTEST: /�%Ul�.��/ C7' � l(/�?'� SGfI DEBORA THOMSEN, CMC CITY CLERK APPROVED AS TO FORM: j��%/,�9� ' ,.►�%'� �� �•-•�-� :• � Ordinance No. 1269 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. 1269 was introduced at a regular meeting of the City Council of the City of Lake Elsinore on the 22 day of December 2009, and was finally passed at a regular meeting of the City Council of the City of Lake Elsinore held on the 12 day of January 2010 by the following roll call vote: AYES: Bhutta, Buckley, Hickman, Magee, Melendez. NOES: None. ABSENT: None. ABSTAIN: None. CITY CLERK