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Ordinance No. 233 ORDINANCE NO. 233 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16, ADDING CHAPTER 16.07 LANDSCAPE AND WATER CONSERVATION GUIDELINES TO THE CHINO HILLS MUNICIPAL CODE. WHEREAS, the City of Chino Hills is required by the State to have certain water conservation guidelines and requirements for water efficient landscaping within the City; and WHEREAS, the Water Conservation In Landscaping Act of 2006 (AB 1881, Laird) requires local agencies, not later than January 1, 2010, to adopt the California Department of Water Resource's Model Ordinance, approved by the Office of Administrative Law on September 10, 2009 or equivalent, or it will be automatically adopted by statute; and WHEREAS, the Inland Empire Utilities Agency (IEUA) coordinated the development of the Inland Empire Landscape Alliance consisting of members from the cities of Chino Hills, Chino, Fontana, Ontario, Montclair, Rancho Cucamonga, and Upland to generate a regional model ordinance (Chino Basin Model Ordinance) with the goal of incorporating the requirements of AB 1881, creating regional consistency, and actively promoting the best interest of the region; and WHEREAS, the City used the Chino Basin Model Ordinance as the basis for Chapter 16.07 Landscape and Water Conservation Guidelines to provide consistency between the City's Municipal Code and Assembly Bill 1881 to provide guidelines and requirements for water efficient landscaping within the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The project proponent, the City of Chino Hills, requested approval of a Development Code Amendment 09DCA03 for to add Chapter 16.07 Landscape and Water Conservation Guidelines which includes the Chino Hills Water Efficient Landscape Ordinance. b. The City proposes a Development Code Amendment 09DCA03 for Title 16 Development Code to add Chapter 16.07 Landscape and Water Conservation Guidelines specifically by adding definitions, applicability, requirements, implementation, and compliance/enforcement for water efficient landscaping within the City. The purpose of the project is to provide consistency between the City's Municipal Code and Assembly Bill 1 AB 1881 to provide guidelines and requirements for the Chino Hills Water Efficient Landscape Ordinance. c. The project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15307 Actions by Regulatory Agencies for Protection of Natural Resources and Section 15308 Actions by Regulatory Agencies for protection of the Environment of said act. The adoption of Development Code Amendment 09DCA03, an amendment to Title 16 Development Code to include Chapter 16.07 Landscape and Water Conservation Guidelines, will provide greater protection of natural resources and the environment by reducing the water usage for landscaping, reducing runoff and waste water, reducing the risk of flooding, educating the public about water conservation, and encouraging the preservation and incorporation of native, drought tolerant species and ecosystems into landscape design. d. Public Works Commission reviewed the proposed project on December 2, 2009. e. The Planning Commission reviewed the proposed project on December 15, 2009 and recommended approval of the project to the City Council. f. The Parks and Recreation Commission reviewed the proposed project on December 16, 2009. g. A duly noticed public hearing before the City Council was conducted on January 12, 2010, at which time all interested persons were given an opportunity to testify regarding in support of, or in opposition to the project. SECTION 2. With regard to the request for approval of Development Code Amendment 09DCA03, based upon oral and written testimony and other evidence received at the public hearing held for the project, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Section 16.62 of the Development Code, as follows: (a) FINDING: That the proposed development code amendment is consistent with the goals, policies and objectives of the General Plan: FACT: The City's General Plan Land Use Element Policy 1-6 "encourages the use of plantings in all areas that represent native or naturalized species". The ordinance encourages the use of native, drought-tolerant, low water usage plants in the landscape design. Additionally, Conservation Element's policies requires reclaimed water for non-potable water supplies (e.g. landscaping) and calls for the evaluation of water conservation potential of individual projects according to the landscape policies in the Land Use Element. The guidelines and 2 requirements in the ordinance will ensure water efficient landscaping within the City, and therefore is consistent with the goals, policies, and objectives of the General Plan. (b) FINDING: That the proposed development code amendment will not adversely affect surrounding properties. FACT: The addition of Chapter 16.07 Landscape and Water Conservation Guidelines to the Municipal Code will assure that landscape projects will conserve water, which is a natural resource that is becoming increasingly scarce. The proposed development code amendment will reduce water usage for landscaping projects, which will not adversely affect surrounding properties. The results of the water conservation efforts will be an increase in water supply availability which is a benefit to all properties throughout the community. SECTION 3. Section 16.07.010 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "A. Intent and purpose. The purpose of the Chino Hills Water Efficient Landscape Ordinance is: 1. That this Ordinance be at least as effective in conserving water as the model ordinance drafted by the California Department of Water Resources pursuant to Assembly Bill AB 1881; 2. To assure beneficial, efficient, and responsible use of water resources for all customers/users within Chino Hills; 3. To recognize that landscapes enhance the aesthetic appearance of developments and communities; 4. To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes; 5. To preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible; 6. To promote and encourage the use of low water use plants; 7. To minimize the use of cool season turf; 8. To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications; 9. To promote public education about water conservation and efficient water management; 10. To reduce or eliminate water waste." 3 SECTION 4. Section 16.07.020 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code adding thereto the following definitions in alphabetical order to read as follows: "Amendments" shall mean any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage. "Anti-drain Check Valve" shall mean a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads sprinkler heads when the system is off. "Application Rate" shall mean means the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour. "Applied Water" shall mean the portion of water supplied by the irrigation system to the landscape. "Automatic Rain Shut-Off Feature" shall mean a system which a component which automatically suspends the irrigation system event when it rains. "Botanical Gardens and Arboretums" shall mean gardens in which a variety of plants are grown for scientific and educational purposes. "Certified Landscape Irrigation Auditor" shall mean a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization. "Conceptual Landscape Plan" shall mean the portion of a landscape application that includes a design statement, irrigation notes, planting notes, the plant palette, and conforms with the requirements of this Ordinance. "Control Valve" shall mean a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve. "Controller" shall mean an automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor). "Discretionary Permit" shall mean any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or disapproval. 4 "Ecological Restoration Project" shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. "Estimated Annual Applied Water Use or EAWU" shall mean the portion of the Estimated Total Water Use that is derived from applied water. The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA. See Water Efficient Landscape Worksheet. ETWU = (ETo)(0.62)(PF�E A +SLA/ where: ETWU = Estimated Total Water Use per year (gallons) ETo for Chino Hills = 54.6 PF = Plant Factor from WUCOLS (see "Plant Factor") HA = Hydrozone Area [high, medium, and low water use areas] (sq. ft.) SLA = Portion of the landscape area identified as Special Landscape Area (sq. ft.) 0.62 = Conversion to gallons per square foot IE = Irrigation Efficiency (minimum 0.71) Estimated Total Water Use = gallons "ET adjustment factor" (ETAF) means a factor of 0.7, 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. A combined plant mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7) = (0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF, for existing non- rehabilitated landscapes is 0.8. "Evapotranspiration Rate ETo" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. "Hydrozone" shall mean a section or zone 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. "Infiltration Rate" shall mean the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour). 5 "Invasive Species" shall mean non indigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically. "Irrigation Efficiency" shall mean 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 ordinance is 0.71. "Irrigation System" shall mean the network of piping, valves and irrigation heads. "Landscape Application" shall mean the complete packet of documents required under Chapter 16.07 to be submitted to the Community Development Department. The landscape application shall include the conceptual landscape plan and landscape construction plans (irrigation plan, plant and soils plan, water management plan). "Landscape Architect" shall mean a person licensed to practice landscape architecture in this state pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code. "Landscape Construction Plans" shall mean the portion of a landscape application that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of this Ordinance. "Landscape Water Audit" shall mean an in depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. Audits include, but are not limited to: inspection, system tune- up, system test with distribution uniformity and verification of minimal overspray or run off that causes overland flow, preparation of an irrigation schedule. "Low-head Drainage" shall mean drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation. "Maximum Applied Water Allowance or MAWA" shall mean the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. See Water Efficient Landscape Worksheet. 6 The project's Maximum Applied Water Allowance shall be calculated using this equation: MAWA = (ETo)(0.62)[(0.7 x LA) + (0.3 x SLA)] where: MAWA= Maximum Applied Water Allowance (gallons per year) ETo for Chino Hills = 54.6 ET Adjustment Factor(ETAF) = 0.7 LA = Landscaped Area includes Special Landscape Area (sq. ft.) 0.62 = Conversion to gallons per square foot SLA= Portion of the landscape area identified as Special Landscape Area (sq. ft.) 0.3 = additional ET Adjustment Factor for Special Landscape Area (1.0 - 0.7 = 0.3) Maximum Applied Water Allowance = gallons per year Example MAWA for landscaped area of 10,000 sq. ft. (54.6)(0.7)(10,000)(0.62) = 236,964 gallons per year (MAWA) "Mulch" shall mean any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation. "Operation Pressure" shall mean the pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler. "Overspray" shall mean the water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures or other non- landscaped areas. "Plant Factor" or "Plant Water Use Factor" shall mean a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water use plants is 0 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species". "Planting Plan" shall mean the plan submitted with the construction plans indicating a list and quantity of plants. "Potable Water" shall mean water meant for human consumption that is treated to legal standards for human consumption. "Pressure Regulator" shall mean a device used in sprinkler systems for radius and high pressure control. 7 "Project Net Landscape Area or Landscaped Area or Landscape Project Area" shall mean all of the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance 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 non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). "Rain Sensor" shall mean a system component which detects rainfall and automatically overrides the irrigation system during rain events. "Recycled Water" shall mean water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. "Rehabilitated Landscapes" shall mean any re-landscaping project that requires a permit, plan check, or design review, and meets the requirements of Section 16.07.030. "Runoff" shall mean water that is not absorbed by the soil or landscape to which it is applied and flows from the area. "SMART Irrigation Controller" shall mean weather-based or soil moisture- based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules. "Soil Management Plan" shall mean plan submitted with the construction plans indicating results from soil tests and recommended soil amendments. "Soil Test" shall mean test done by soil test lab that indicates at minimum soil texture, water holding capacity, pH, and soluble salts. "Soil Type" shall mean the classification of soil based on the percentage of its composition of sand, silt, and clay. "Special Landscape Area" shall mean an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface. "Sprinkler Head" shall mean a device which delivers water through a nozzle. 8 "Static Water Pressure" shall mean the pipeline or municipal water supply pressure when water is not flowing. "Turf' shall mean a surface layer of earth containing mowed grass or grass-like sedge with its roots; a groundcover surface of mowed grass or grass- like sedge. Turf includes, but is not limited to, the following plant types: Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, Tall fescue, Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass. "Water Efficient Landscape Worksheet" shall mean worksheet which calculates a site's water budget. See landscape application. "Water Feature" shall mean any water applied to the landscape for non- irrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features. "Water Management Plan" shall mean plan submitted with the construction drawings as part of the landscape documentation package. "Water Schedules" shall mean schedule of irrigation times throughout a given year. "Water Conserving Landscape Design" shall mean a landscape design developed to conserve water. SECTION 5. Section 16.07.030 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "A. Applicability. After January 31, 2010, this ordinance shall apply to all of the following landscape projects: 1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; 2. New construction and rehabilitated landscapes which are developer-installed residential projects with a total project net landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; 3. New construction which are homeowner-installed residential projects with a total project net landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check, or design review; 9 4. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall prepare a water efficient landscape worksheet, landscape and irrigation maintenance schedule, and irrigation audit, survey and water use analysis. 5. Special Landscaped Areas, such as areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play, shall prepare a water efficient landscape worksheet and landscape application according to the specifications for Special Landscaped Areas. B. Exemptions. This Ordinance does not apply to: 1. Registered local, state or federal historical sites; 2. Ecological restoration projects that do not require a permanent irrigation system; 3. Mined-land reclamation projects that do not require a permanent irrigation system; or 4. Botanical gardens and arboretums open to the public." SECTION 6. Section 16.07.040 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Landscape Design and Plant Requirements. A landscape application prepared by a licensed landscape architect shall include the following landscape design criteria: A. Plant Selection and Grouping. 1. Any plant may be used in the landscape, providing the EAWU does not exceed the MAWA and that the plants meet the specifications set forth in (1), (2) and (3). 2. Plants having similar water needs shall be grouped together in distinct hydrozones. 3. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged. 4. Minimize the use of turf. Turf areas shall be used wisely in response to functional needs and shall not exceed the MAWA. Where turf is installed the use of warm season turf is strongly encouraged. 5. Fire prevention needs shall be addressed in areas that are fire prone. Design should be consistent with regulations from the Chino Valley Independent Fire District. 6. Invasive species of plants should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas. 10 7. Encourage the appropriate use of mulch within developed landscapes to retain moisture. B. Water Features 1. Recirculating water systems shall be used for decorative water features. 2. Where available, recycled water shall be used as the source for water features (excluding swimming pools and spas). 3. The surface area of a water feature will be included in the Maximum Applied Water Allowance (MAWA) calculation with the evaporation rate equivalent to that of a high water use plant. SECTION 7. Section 16.07,050 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Irrigation Requirements. A. All irrigation systems shall be designed to prevent runoff, over- spray, low head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible. B. Dedicated (separate) landscape water meters shall be installed for all projects greater than 5,000 square feet, except for single family residences (Authority Cited: Statutes of 2006, AB 1881, Chapter 559, Article 44.5, Section 535). Dedicated landscape water meters are highly recommended on landscape areas less than 5,000 square feet to facilitate water management. C. All irrigation systems shall include: 1. A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions shall be required. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (i.e. turf separate from shrub and groundcover, full sun exposure areas separate from shade areas; top of slope separate from toe of slope); 2. Anti-drain check valves shall be installed to prevent low- head drainage in sprinkler heads; 3. A pressure regulator when the static water pressure exceeds the maximum recommended operating pressure of the irrigation system; and, 4. A rain sensor with an automatic rain shut-off feature shall be required. 11 SECTION 8. Section 16.07.060 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Soil and Grading Requirements. A. Soil testing shall be performed after mass grading, prior to landscape installation to ensure the selection of appropriate plant material that is suitable for the site, and reported in a soil management plan. The soil management plan shall include: 1. Determination of soil texture, indicating the available water holding capacity; 2. An approximate soil infiltration rate (either) measured or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate; 3. Measure of pH and total soluble salts; and, 4. Recommended amendments. B. Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy the city grading ordinances and be submitted as part of the landscape application SECTION 9. Section 16.07.070 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Implementation. A. Applicants subject to the requirements of this Ordinance shall submit a complete landscape application to the Community Development Department. The application form shall be created by the Community Development Director, or designee, and may be updated from time-to-time to ensure all applicants comply with the provisions of this chapter. The Application may be submitted in two parts: A Conceptual Landscape Plan, which is submitted with a discretionary permit application or when otherwise required by the City, and Landscape Construction Plans, submitted as a ministerial application. All applications and plans shall conform to the plant, irrigation, and water budget formula requirements set forth in this Ordinance and the landscape application. 1. The Conceptual Landscape Plan shall include: a. Design statement, irrigation notes, planting notes • and a conceptual plant palette identifying proposed hydrozones; b. MAWA calculation for the landscape project area. 2. Landscape Construction Plans. All applications subject to the requirements of this ordinance shall include landscape construction plans that comply with the design standards 12 and specifications contained in the Ordinance. The construction plans shall be in compliance with the conceptual landscape plan. All landscape construction plans shall include an irrigation plan, a planting and soils plan, and a water management plan with detailed notes and legends necessary for a complete landscape plan review. If the construction plans differ significantly from the conceptual landscape plan (as determined by the Community Development Director), the Applicant must resubmit an overall water budget calculation in accordance with the landscape application. A. Irrigation Plan. The irrigation plan shall be a separate document from the planting and soils plan. The irrigation plan shall be prepared in accordance with the requirements of the Ordinance and include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply. B. Planting and Soils Plan. The planting plan shall include, but not be limited to: 1. A description of any existing plant material to be retained or removed. 2. A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas. 3. A legend listing the common and botanical plant names and total quantities by container size and species. 4. A description of the seed mixes with application rates and relevant germination specifications. 5. Soil management plan, including the soil test results and recommendations. 6. The grading plan shall be submitted for reference. C. Water Management Plan. A Water Management Plan shall be prepared in accordance with the requirements of the Ordinance. The Plan shall include: 1. An introduction and statement of site conditions as described above, or a landscape concept plan. 2. Identification of the party(ies) responsible for implementation of the Water Management Plan. 3. The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor. 13 4. A description of the water delivery systems, including the type of irrigation system to be used; water conservation methods to be applied, and precipitation rates for each hydrozone. 5. Seasonal irrigation water schedules or procedures for programming of proposed SMART controllers. 6. A maintenance plan for the ongoing operation and maintenance of the irrigation system. 7. All applications for model homes shall include the nature of public information documents and signage that will be placed at model homes describing water conservation principles used in the landscaping for the model home. SECTION 10. Section 16.07.080 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Compliance/Enforcement. The Community Development Director or designee shall have the duty and authority to administer and enforce this ordinance. A. Prior to the issuance of a permit, a complete landscape application prepared by an independent licensed landscape architect shall be submitted to the Community Development Department for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this Ordinance. Any application submitted without the signature of a licensed landscape architect shall not be accepted for review. B. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this Ordinance, a Certificate of Completion shall be submitted to the Community Development Director certifying that the landscaping has been completed in accordance with the approved landscape construction plans for the project. The Certificate of Completion shall be signed by a licensed landscape architect and shall indicate that: 1. The landscaping has been installed in conformance with the approved landscape construction plans; 2. The SMART irrigation controller has been set according to the irrigation schedule; 3. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and 4. A copy of the irrigation schedule has been given to the property owner. C. Upon notice of the Applicant, the Community Development Director, or designee shall have the right to enter the project site to conduct inspections for the purpose of enforcing this Ordinance before, during and immediately after installation of the landscaping. 14 D. A copy of the completed landscape application shall be filed with the City. If the property is found to be in excess of their established MAWA, the property shall be subject to a landscape water audit. SECTION 11. Section 16.07.090 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Recycled Water. A. The installation of recycled water irrigation systems (i.e., dual t distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption has been granted by the City Engineer stating that recycled water will not be available in the foreseeable future. B. Irrigation systems shall make use of recycled water unless a written exemption has been granted stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future. C. The recycled water irrigation systems shall be designed and operated in accordance with all local agency and State codes. SECTION 12. Section 16.07.100 of Title 16, Chapter 16.07 of the Chino Hills Municipal Code is added to read as follows: "Stormwater Management. A. Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and increase retention and infiltration are highly recommended onsite. B. Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any stormwater ordinances and stormwater management plans. SECTION 13. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. 15 SECTION 14. This Ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 9t" day of February, 2010. • W.C. "BILL" KRUGtR, MAYOR ATTEST: _year / ..4411 Affi MARY IDUFFE CITY CLER1 APPRO� . lo AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY 16 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 233 as duly introduced at a regular meeting of the City Council held on the 26th day of January, 2010 and adopted at a regular meeting held on the 9th day of February, 2010, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: KRUGER, GRAHAM, BENNETT, NORTON-PERRY, ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IA/L4 //Allit;/fie MARY M. "c3UF 'E , ITY LE/ (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 233 duly passed and adopted by the Chino Hills City Council at their regular meeting held on February 9, 2010, and that Summaries of the Ordinance were published on January 30, 2010 and February 13, 2010, in the Chino Hills Champion Newspaper. ..i#hi Ii %/i at MARY M. • sUFFE , Cl E • (SEAL) / 17