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ORDINANCE 1194ORDINANCE NO. 1194 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 13.05 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING POLICIES FOR WATER CONSERVING LANDSCAPES. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO HEREBY FINDS, DETERMINES AND DECLARES: WHEREAS, The waters of the State of California are of limited supply and are subject to ever increasing demands; and WHEREAS, The continuation of the State of California's economic prosperity is dependent on adequate supplies of water being available for future uses; and WHEREAS, It is the policy of the State of California and the City of El Segundo to promote the conservation and efficient use of water and to prevent the waste of this valuable resource; and WHEREAS, Landscapes are essential to the quality of life in the State of California and the City of E1 Segundo by providing areas for active and passive recreation; an aesthetic enhancement of the built environment; by cleaning air and water; preventing erosion; offering fire protection; and replacing ecosystems lost to development; and WHEREAS, Landscape design, installation, and maintenance can and should be water efficient; and WHEREAS, The State of California, in 1990, added Chapter 10.8, titled the Water Conservation in Landscaping Act (AB325), to the California Government Code; and WHEREAS, Said Act provides that each City which has not adopted its own a water efficient landscape ordinance shall enforce the provisions of the State's Model Ordinance pursuant to Subdivision (a) of Section 65594 of the Government Code; and WHEREAS, the City desires to enact this Ordinance in place of the State Model Ordinance; and WHEREAS, the City has considered the provisions of the State Model Ordinance in adopting this Ordinance. THE CITY COUNCIL OF THE CITY OF EL SEGUNDO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.05 is hereby added to Title 131 Recreation and Parks Department, of the City of El Segundo Municipal Code, to read: Chapter 13.05 WATER CONSERVATION IN LANDSCAPING Section 13.05.010 Purpose The purpose of this Chapter is to establish policies for the design, installation, and management of water conserving landscapes in order to utilize available plant, water, and land resources to avoid excessive landscape water demands while ensuring high quality landscape design. 1 Section 13.05.020 Applicability A. These policies shall be applicable to new industrial, commercial, office and institutional developments; to public and private parks and other public recreational areas; to multi- family (three or more units) residential and Planned Unit Development common areas; to model home complexes; and to City road medians and corridors. B. These policies shall not be applicable to: 1. Cemeteries 2. Registered Historical Sites 3. Ecological restoration projects that do not require a permanent irrigation system 4. Mined -land reclamation projects that do not require a permanent irrigation system 5. Any project with a landscaped area less than 1,000 square feet, unless the Director of Recreation and Parks determines that substantial compliance with the purpose of this Chapter as stated in Section 13.05.010 requires that a Landscape Plan be submitted. 6. Any Project or planting area that utilizes 100% reclaimed water. C. Exemptions. The Director of Recreation and Parks may authorize exemptions to any of the design and improvement standards in this Chapter. Such exemptions may be granted if the Director finds that the proposed design or improvement is in substantial compliance with the purpose and intent of this Chapter. Section 13.05.030 Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this Chapter shall be as defined in this section. A. Designer - A person qualified to practice landscape architecture and /or irrigation design. B. Director - The Director of Recreation and Parks of the City of El Segundo. C. Irrigation System - A complete connection of system components, including the water distribution network and the necessary irrigation equipment and downstream from the backflow prevention device. D. Planting Area - The parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting area includes water bodies (i.e. fountains, ponds, lakes) and natural areas. E. Planting Plan - A planting plan shall identify location, spacing, numbers, container planting sizes of all plant materials including common and botanical names. F. Rehabilitated Landscape - Any planting area in which 50 percent of existing landscape materials are replaced or modified within any 12 -month period. Examples include a change of plants or ground cover, and grading modifications. F Section 13.05.040 Landscape Plan - Required Landscape plans shall be prepared in accordance with the policies set forth herein and with any guidelines developed to help implement the provisions of this chapter. Such plans shall be submitted and approved prior to the issuance of building permits to comply with the policies of this Chapter. Section 13.05.050 Landscape Plan - Application Prior to the issuance of a building permit a Landscape Plan Application shall be submitted and reviewed in accordance with this Chapter. Applications for Landscape Plan approval shall be filed by the owner of the affected property or his agent, or by a public entity to which the provisions of the Chapter apply, on forms furnished by the Director of Recreation and Parks. Section 13.05.060 Landscape Plan- Approval No Landscape Plan Application shall be approved unless the Director finds that the plan compliments the design of the project, is consistent with the provisions of this chapter and applicable landscape guidelines; compatible with adjacent existing or future public landscaped areas, and with the elevations and appearances with existing structures located upon lots within the immediate vicinity of the lot which is the subject of such application. Section 13.05.070 Landscape Plan - Content Each Landscape Plan shall consist of the following elements including, but not limited to the following: A. Planting Plan. The planting plan shall identify location, spacing, numbers , container sizes of all plant materials including common and botanical names, drawn on project base sheets in a clear and legible fashion in accordance with the policies established to implement the provisions of this Chapter. B. Irrigation Plan. The irrigation plan shall identify all components of the irrigation system drawn on project base sheets in a clear and legible fashion in accordance with the policies established to implement the provisions of this Chapter. Section 13.05.080 Water Features Decorative water features such as pools, ponds, and waterfalls used in landscaped areas shall incorporate recycling of water, and shall use reclaimed water where it is feasible, cost effective, and meets health standards. Section 13.05.090 Landscape Maintenance The property owner shall permanently and continuously maintain all landscaping and irrigation in a neat, clean and healthy condition, including removal of litter, proper pruning, mowing of lawns, weeds, fertilizing, and watering; and replacement of diseased and /or dead plants and malfunctioning or missing irrigation system components. Section 13.05.100 Model Home Landscaping For each subdivision with model homes the developer shall submit a landscape plan and install landscaping for each model home, incorporating the policies of this Chapter and including: 3 A. Signs identifying elements of the water conserving landscape and irrigation system design placed around the model. B. Literature describing water conserving landscapes to be available to individuals touring the model. Section 13.05.110 Landscape Certificate Upon completion of the installation of the landscaping, the designer or owner shall certify that the landscape complies with all policies of this Chapter. Certification shall be accomplished by completion of a Landscape Certificate on a form approved by the Director. Failure to submit a complete and accurate Landscape Certificate will delay final approval of the project and /or discontinue water service. SECTION 2. efficient Landscape California Code of entirety. The provisions of the State Model Water Ordinance (Chapter 2.7 of Title 23 of the Regulations) are hereby repealed in its SECTION 3. Adoption and implementation of this ordinance is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15307 of the State CEQA Guidelines, as a Class 7 Categorical Exemption. SECTION 4. Any provision of the City of E1 Segundo Municipal Code or appendices thereto inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to the extent necessary to affect the provisions of this ordinance. SECTION 5. Should any provision of this Ordinance be determined to be invalid or unconstitutional all other provisions of this Ordinance shall remain in full force and effect as approved. SECTION 6. The Mayor shall sign this Ordinance. The City Clerk shall certify to the passage and adoption of this Ordinance; shall cause the same to be entered in the book of original Ordinances of the City; shall make a minute of the passage and adoption thereof in the records of the meeting of the City Council at which the same is passed and adopted; and shall cause to be posted the same in three public places in the City of E1 Segundo in the time and manner provided by law. This Ordinance shall become effective 30 days after its adoption. PASSED AND APPROVED This 16th dgf of March , 1993. Ca,p1' Jacobson, ayor of the City of�l Segundo, California ATTEST: % dy Mort City Clerk (SEAL) APPROVED AS TO FORM: Leland C. Dol ey, City A 6 ro ney 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Cindy Mortesen, City Clerk of the City of El Segundo, California, DO HEREBY CERTIFY that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being ORDINANCE NO. 1194 is a full, true correct original of ORDINANCE NO. 1194 of the said City of El Segundo, California, entitled: AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADDING CHAPTER 13.05 TO THE CITY OF EL SEGUNDO MUNICIPAL CODE REGARDING POLICIES FOR WATER CONSERVING LANDSCAPES. which was duly passed and adopted by the said City Council, approved and signed by the Mayor or said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the 16TH DAY OF MARCH 1993, and the same was so passed and adopted by the following vote: AYES: Mayor Jacobson, Mayor ProTem Wise, and Councilmen West, Switz, and Robbins. NOES: None ABSENT: None NOT PARTICIPATING: None I do hereby further certify that pursuant to the provisions of Section 36933 of the Government Code of the State of California, that the foregoing ORDINANCE NO. 1194, as duly posted according to law and the order of the City Council of said City of El Segundo. i CINDY City Clerk of the City of El Segundo, California (SEAL) CITY OF EL SEGUNDO AFFIDAVIT OF POSTING OF ORDINANCE STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL SEGUNDO ) AFFIDAVIT OF POSTING ORDINANCE 1194 I Cindy Mortesen, delcare as follows: That I am the City Clerk of the City of El Segundo; that a copy of the Ordinance passed on March 16, 1993 before the City Council of the City of E1 Segundo was posted at three prominent locations. A copy of said Ordinance is attached. I declare under the penalty of perjury that the foregoing is true and correct. Executed on April 1, 1993 at El Segundo, California. Cindy MortLen, City Clerk