Loading...
ORD 554ORDINANCE NO. 554 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE BY ADDING THE REQUIREMENT FOR LANDSCAPE -RELATED BUSINESSES TO COMPLETE A COURSE ON OVERSEEDING ALTERNATIVES AND WATER EFFICIENCY TO CHAPTER 3.28 BUSINESS LICENSES, AND CHAPTER 8.13 WATER EFFICIENT LANDSCAPING WHEREAS, the City Council of the City of La Quinta, California did, on the 7th day of February 2017, reviewed a City -initiated request to amend Title 3 (Revenue and Finance), Chapter 3.28 (Business Licenses) and Title 8 (Buildings and Construction), Chapter 8.13 (Water Efficient Landscaping) of the La Quinta Municipal Code; and WHEREAS, air quality and water efficiency are among the most essential issues associated with public health and safety, which in turn is essential to the continued economic well-being of the Coachella Valley and to the needs of its residents; and WHEREAS, the majority of water use in the Coachella Valley is for outdoor landscaping and our ability to meet water conservation goals and maintain the high quality of our water supply depends on water conservation best practices in landscaping; and WHEREAS, air quality within the Coachella Valley is significantly impacted by the local tradition of scalping the summer (Bermuda) turf grass in preparation for annual over seeding with rye grass each fall; and WHEREAS, the City Council finds that the Coachella Valley Water District (CVWD), in partnership with the Coachella Valley Association of Governments (CVAG), College of the Desert (COD), other local water districts, and local stakeholders, has developed a two-hour water efficiency course to provide guidance to landscape - related business professionals regarding reduction of water use in turf and other landscape areas and encourage the use of water efficient desert landscaping; and WHEREAS, the City Council finds that CVAG, in partnership with the South Coast Air Quality Management District (SCAQMD), has developed a course for the Landscape Certification Program promoting an over seeding process whereby there is a gradual reduction of watering combined with a progressive lowering of the turf as an alternative to the traditional single -scalping operation; and WHEREAS, the water efficiency curriculum can be added to the existing course on over seeding alternatives for the Landscape Certification Program; and Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 2 of 12 WHEREAS, the updated course for the Landscape Certification Program, which will include both the smart scalping curriculum and the water efficiency curriculum, will be available online and/or at a local testing center, and will be available in English and Spanish; and WHEREAS, The Landscape Certification Program requirement for professionals in the landscaping installation, maintenance, design, and other landscape -related businesses, and their suppliers within the City of La Quinta is an efficient and effective method of promoting the over seeding alternative and water efficiency; and WHEREAS, the public health and safety is served by requiring completion of said course as a prerequisite for the issuance and renewal of business licenses for landscape -related businesses within the City of La Quinta; and WHEREAS, the City Council finds that this new educational prerequisite should take effect on April 1, 2017. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. TITLE 3 REVENUE AND FINANCE, CHAPTER 3.28 BUSINESS LICENSES shall be amended to add a new Section 3.28.045 as written in "Exhibit A" attached hereto. SECTION 2. TITLE 8 BUILDINGS AND CONSTRUCTION, CHAPTER 8.13 WATER EFFICIENT LANDSCAPING shall be amended to add certain definitions to Section 8.13.020 and to add a new Section 8.13.065 as written in "Exhibit A" attached hereto. SECTION 3. That the City Council does hereby approve a requirement for an over seeding alternative and water efficiency course for landscape -related businesses, as set forth in attached "Exhibit A" for the reasons set forth in this Ordinance. SECTION 4. This Ordinance shall be in full force and effect the latter of thirty (30) days after its adoption or April 1, 2017. SECTION 5. The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 3of12 Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 21st day of February, 2017 by the following vote: AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans NOES: None ABSENT: None ABSTAIN: None LINDA EVANS, Mayor City of La Quinta, California ATTEST: OWIV)4,--- SUSAN MAYSELS, City erk City of La Quinta, California (CITY SEAL) APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 4 of 12 EXHIBIT A Chapter 3.28 BUSINESS LICENSES 3.28.045 Required course for landscape -related businesses on overseeding alternative and water efficiency Applicants for a city business license or renewal of a city business license to provide services or nursery products related to or used for landscape installation, maintenance, or design, shall comply with the required course provision of Section 8.13.065 of this code. Chapter 8.13 WATER EFFICIENT LANDSCAPING 8.13.020 Definitions. The words used in this chapter have the meanings set forth below: "Application rate" means the depth of water applied to a given area, usually measured in inches per hour. Also known as precipitation rate (sprinklers) or emission rate (drippers/microsprayers) in gallons per hour. "Applied water" means the portion of water supplied by the irrigation system to the landscape. "Automatic controller" means a mechanical or solid-state timer, capable of operating valve stations to set the days and length of time of a water application. "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. "Beneficial use" means water used for landscape evapotranspiration. "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the United States Environmental Protection Agency WaterSense irrigation auditor certification program and Irrigation Association Certified Landscape Irrigation Auditor program. "City" means the City of La Quinta. "Conversion factor (0.62)" means a number that converts the maximum applied water allowance from acre -inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows: Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 5 of 12 (325,851 gallons/43,560 square feet)/12 inches = (0.62) 325,851 gallons = one acre-foot 43,560 square feet = one acre 12 inches = one foot To convert gallons per year to one hundred cubic feet per year, the common billing unit for water, divide gallons per year by seven hundred forty-eight. (748 gallons =100 cubic feet) "Desert landscape" means a desert landscape using native plants spaced to look like a native habitat utilizing plants native to the southwestern United States and northern Mexico or native to other desert regions of the world but adapted to the Coachella Valley. "Distribution uniformity" is a measure of how evenly sprinklers apply water. The low - quarter measurement method (DULQ) utilized in the irrigation audit procedure is utilized for the purposes of these criteria. These criteria assume an attainable performance level of 75% DULQ for spray heads, 80% DULQ for rotor heads and 85% DULQ for recreational turf grass rotor heads. "Drip irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants. "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Effective precipitation" or "usable rainfall" means the portion of total natural precipitation that is used by the plants. Precipitation is not a reliable source of water in the desert. "Electronic controllers" are time clocks that have the capabilities of multi- programming, water budgeting and multiple start times. "Emission uniformity" is a measure of how evenly drip and micro spray emitters apply water. The low -quarter measurement method (EULQ) utilized in the landscape irrigation evaluation procedure is utilized for the purposes of these criteria. These criteria assume 90% DULQ for drippers, micro sprays and pressure compensating bubblers. "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil. Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 6 of 12 "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball. "Establishment period" means the first year after installing the plant in the landscape. "Estimated annual applied water use" means the portion of the estimated annual total water use that is derived from applied water. The estimated annual applied water use shall not exceed the maximum applied water allowance. "Estimated annual total applied water use" (total of all hydrozones) means the annual total amount of water estimated to be needed by all hydrozones to keep the plants and water features in the landscaped area healthy and visually pleasing. It is based upon such factors as the local evapotranspiration rate, the size of the landscaped area, the size and type of the water feature, the types of plants, and the efficiency of the irrigation system. The estimated annual total applied water use shall not exceed the maximum applied water allowance. "ET adjustment factor" means a factor of 0.45 that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. "Evapotranspiration" or "ET" means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second). "Hardscape" means concrete or asphalt areas including streets, parking lots, sidewalks, driveways and patios and decks. "Head -to -head coverage" means one hundred percent sprinkler coverage of the area to be irrigated, with maximum practical uniformity. "High flow check valve" means a valve located under/in a sprinkler head to stop the flow of water if the spray head is broken or missing. "Hydrozone" means a portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non -irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non - irrigated hydrozone. "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour). Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 7 of 12 "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.75 or 75 percent and .90 or 90 percent for drip systems. "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. "Landscape architect" means a person who holds a license to practice landscape architecture as per the state of California Business and Professions Code, Section 5615. "Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape -related business" means any entity providing services or nursery products related to or used for landscape installation, maintenance, or design. "Landscaped area" means the entire parcel less the building footprint, driveways, non - irrigated portions of parking lots, hardscapes such as decks and patios, and other nonporous areas. Water features are included in the calculation of the landscaped area. "Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. "Local water purveyor" means the Coachella Valley Water District (CVWD). "Main line" means the pressurized pipeline that delivers water from the water meter to the valve or outlet. "Maximum applied water allowance" means for design purposes, the upper limit of annual applied water for the established landscaped area, as specified in Division 2, Title 23, California Code of Regulations, Chapter 7, Section492. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. "Mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 8 of 12 "Mulch" means any material such as gravel, small rocks, pebbles, decorative sand, decomposed granite, bark, straw or other material left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. "Native plants" means low water using plants that are indigenous to the Coachella Valley and lower Colorado Desert region of California and Arizona. "Operating pressure" means the manufacturer's recommended pressure at which a system of sprinklers, bubblers, drippers or microsprayers is designed to operate. "Overhead sprinkler irrigation systems" means those with high flow rates (pop -ups, impulse sprinklers, rotors, etc.). "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other non -landscaped areas. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Plant factor" means a factor that when multiplied by reference evapotranspiration, estimates the amount of water used by plants. For purposes of this chapter, the average plant factor of very low water using plants ranges from 0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate water using plants the range is 0.40 to 0.60 and for high water using plants, the range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape Species IV(WUCOLS IV). "Pressure compensating (PC) bubbler" means an emission device that allows the output of water to remain constant regardless of input pressure. Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm. "Pressure compensating screens/devices" means small screens/devices inserted in place of standard screens/devices that are used in sprinkler heads for radius and high pressure control. "Qualified professional" means a person who has been certified by his or her professional organization or a person who has demonstrated knowledge and is locally recognized as qualified among landscape architects due to longtime experience. "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains. "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction which are usually based on drawings marked up in the field and other data furnished by the contractor. Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 9 of 12 "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic. "Recreational turfgrass" means turfgrass that serves as a playing surface for sports and recreational activities. Athletic fields, golf courses, parks and school playgrounds are all examples of areas hosting recreational turfgrass. "Recreational turfgrass ET adjustment factor" means a factor of 0.82 that, when applied to reference evapotranspiration, adjusts for the additional stress of high traffic on recreational turfgrass and the higher irrigation efficiencies of long range rotary sprinklers. These are the two major influences upon the amount of water that needs to be applied to a recreational landscape. A mixed cool/warm season turfgrass with a seasonal average of 0.7 is the basis of the plant factor portion of this calculation. The irrigation efficiency of long range sprinklers for purposes of the ET adjustment factor is 0.85. Therefore, the ET adjustment factor is 0.82 = 0.7/0.85. "Recycled water," "reclaimed water" or "treated sewage effluent water" means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation; not intended for human consumption. "Reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is given in inches per day, month, or year, and is an estimate of the evapotranspiration of a large field of cool -season grass that is well watered. Reference evapotranspiration is used as a basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated. For purposes of this chapter, the most current edition of the Coachella Valley Water District's Reference Evapotranspiration Table shall be referenced. "Rehabilitated landscape" means any re -landscaping project whose choice of new plant material and/or new irrigation system components is such that the calculation of the site's estimated water use will be significantly changed. The new estimated water use calculation must not exceed the maximum applied water allowance calculated for the site using a 0.45 ET adjustment factor. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the planted area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate), when there is a severe slope or when water is misapplied to hardscapes. "Service line" means the pressurized pipeline that delivers water from the water source to the water meter. Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 10 of 12 "Smart controller" means weather based or soil moisture based irrigation controls that monitor and use information about environmental conditions for a specific location and landscape (such as soil moisture, rain, wind, the plants' evaporation and transpiration rates and, in some cases, plant type and more) to decide for themselves when to water and when not to, providing exactly the right amount of water to maintain lush, healthy growing conditions. "Soil moisture sensing device" means a device that measures the amount of water in the soil. "Soil texture" means the classification of soil based on the percentage of sand, silt and clay in the soil. "Sprinkler head" means a device which sprays water through a nozzle. "Static water pressure" means the pipeline pressure when water is not flowing. "Station" means an area served by one valve or by a set of valves that operates simultaneously. "Turf' means a surface layer of earth containing mowed grass with its roots. Perennial and annual ryegrass are cool season grasses. Hybrid and common Bermuda grass, are warm season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conservation concept statement" means a one -page checklist and a narrative summary of the project. "Water feature" means any water applied to the landscape for non -irrigation decorative purposes. Fountains, streams, ponds and lakes are considered water features. Water features use more water than efficiently irrigated turf grass and are assigned a plant factor value of 1.1 for a stationary body of water and 1.2 for a moving body of water. Note: Section 65594, Government Code. Reference: Section 65597, Government Code. (Ord. 476 § 1, 2010; Ord. 452 § 1, 2008; Ord. 392 § 3 (Exh. A)(part), 2003; Ord. 220 § 1 (Exh. A)(part), 1993) 8.13.065 Required course for landscape -related businesses on overseeding alternative and water efficiency Effective April 1, 2017, when making an application for a City business license or an application to renew a City business license, for any entity providing services or Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 11 of 12 nursery products related to or used for landscape installation, maintenance, or design, the applicant shall present proof that at least one employee has, within the twelve months immediately preceding the application, completed a minimum four-hour course approved by the City on grass overseeding alternatives to traditional scalping and landscaping water efficiency. Ordinance No. 554 Amendment to MC Titles 3 and 8 Adopted: February 21, 2017 Page 12 of 12 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 554 which was introduced at a regular meeting on the 7th day of February, 2017 and was adopted at a regular meeting held on the 21st day of February, 2017 not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023. SUSAN MAYSELS, City erk City of La Quinta, California DECLARATION OF POSTING I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on ,., pursuant to Council Resolution. --5 SUSAN MAYSELS, City Jerk City of La Quinta, Cali ornia