09-23-2010 - Appeal HearingPlanning Directors Modification No. - Ord. Water Efficient Landscaping.docORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, AMENDING CHAPTER 26 (ZONING) OF THE WEST COVINA MUNICIPAL CODE RELATED TO WATER EFFICIENT LANDSCAPING (CODE AMENDMENT
NO. 09-05)
WHEREAS, Code Amendment No. 09-05 is a City-initiated code amendment that would replace the with existing landscaping requirements with a Water Efficient Landscaping Ordinance; and
WHEREAS, on September 28, 2008, Governor Swarzenegger signed into laws Assembly Bill No. 1881 (AB 1881) requiring that cities add to or amend their Municipal Codes to add provisions
relating to water conservation in landscaping; and
WHEREAS, AB 1881 requires local agencies to adopt the State Model Ordinance ofor a local ordinance that is “at least as effective as” the requirements of AB 1881; and
WHEREAS, the City has chosen to adopt the Orange County Model Water Efficient Landscape Ordinance and findings to the “at least as effective as” requirement of AB 1881; and
WHEREAS, the Planning Commission, on the 24th day of November, 2009, initiated the code amendment; and
WHEREAS, the Planning Commission, upon giving required notice, did on the 23rd day of February, 2010, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 10-5357 recommending to the City Council approval of Code Amendment No. 09-05; and
WHEREAS, the City Council considered evidence presented by the Planning Commission, Planning Department, and other interested parties at a duly advertised public hearing on the 16th
day of March, 2010; and
WHEREAS, The State Legislature has made the following findings:
The waters of the State are of limited supply and are subject to ever increasing demands;
The continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;
It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water,
preventing erosion, offering fire protection, and replacing ecosystems lost to development;
Landscape design, installation, maintenance, and management can and should be water efficient; and
Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right
does not and shall not extend to waste or unreasonable method of use of water.
WHEREAS, studies and investigations made by this Council and in its behalf reveal the following facts:
The code currently has standards for water efficient landscaping adopted in 1993.
Due to recent drought and water supply issues, the State is requiring cities and counties to take steps to utilize water in an efficient manner, thereby reducing unnecessary waste and
runoff.
Assembly Bill 1881 adopted by the State of California requires cities and counties to adopt landscape water conservation ordinances by January 1, 2010. The bill allows cities to adopt
a model ordinance drafted by the State or adopt its own ordinance in which case evidence must be submitted that the ordinance is at least as effective as the model ordinance.
The purpose of the City’s Water Efficient Landscape Ordinance is to establish an alternative model acceptable under AB 1881 as being at least as effective as the State Model Water Efficient
Landscape Ordinance in the context of conditions in the City in order to promote the values and benefits of landscapes while recognizing the need to invest water and other resources
as efficiently as possible.
Pursuant to the California Environmental Quality Act (CEQA), the proposed project is considered to be categorically exempt (Class 7, Protection of Natural Resources) in that it consists
of code revisions to conserve water resources.
NOW THEREFORE, the City Council of the City of West Covina does resolve as follows:
SECTION NO. 1: Based on the evidence presented and the findings set forth, Code Amendment No. 09-05 is hereby found to be consistent with the West Covina General Plan and implementation
thereof.
SECTION NO. 2: The proposed action is considered to be categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to Section 15307 (Class 7) of
the CEQA Guidelines, in that the proposed action is taken to assure the maintenance, restoration, enhancement, or protection of a natural resource and will result in the enhancement
and protection of water resources and will not result in cumulative adverse environmental impacts. It is therefore categorically exempt from the provisions of CEQA.
SECTION NO. 3: The City Council of the City of West Covina hereby amends Chapter 26 (Zoning) of the West Covina Municipal Code to read as shown on Exhibit “A”.
SECTION NO. 4: The City Clerk shall certify to the passage of this Ordinance and shall be published as required by law.
APPROVED AND ADOPTED on this ___ day of _____, _________.
Mayor Shelley Sanderson
ATTEST:
City Clerk Laurie Carrico
I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular
meeting of the City Council on the 16th day of March, 2010. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 6th day of April,
2010, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk Laurie Carrico
APPROVED AS TO FORM:
City Attorney Arnold Alvarez-Glasman
EXHIBIT A
SINGLE FAMILY RESIDENTIAL
Sec. 26-416. Landscape maintenance.
(a) The purpose of this section is to protect the properties in residential neighborhoods by establishing minimum maintenance standards for maintenance of landscaping on residential
properties. It shall be declared unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any residential property in the city to
allow the existence of any of the following conditions on such property, which conditions are listed by way of example and not of limitation:
(1) Overgrown vegetation; unmaintained grass lawns and/or weed areas which are one (1) foot in height or over; which are likely to attract or harbor rats or vermin; to become a fire
menace when dry; or which are otherwise dangerous to the public health and welfare.
a. Weeds are those uncultivated, noxious plant groups that compete with cultivated garden plants for water, nutrients, light and space.
(2) Dead, decayed, diseased or hazardous trees and/or other vegetation.
(3) Lack of landscaping or the maintenance thereof.
a. Landscaping," as used in this section, shall, by example and not by limitation, mean healthy and viable cultivated vegetation common to most residences and/or planned drought-tolerant
landscaping systems.
1. Drought-tolerant landscaping systems are generally characterized by alluvial rock garden formations and/or native California flora or other plants selected for drought tolerance,
adaptability and relationship to West Covina environment; color, form and pattern; ability to provide shade; soil retention and fire resistance.
b. Maintenance," as used in this section, shall, by example and not by limitation, mean watering, weeding, pruning, trimming, mowing, insect control the replacement or irrigation equipment
as needed to preserve the health and appearance of landscaping when visible from streets, rights-of-way, and adjacent properties at or above grade level.
(b) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning
Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
(c) Violations of this section shall be subject to enforcement procedures found in section 1-37.2 of the West Covina Municipal Code. This section shall not supersede any provisions or
regulations required by public and governmental agencies that may conflict with the intent and provisions contained in this section.
MULTIPLE-FAMILY ZONES
Sec. 26-515. Landscaping criteria.
(a) All open areas with the exception of vehicular accessways and parking areas, pedestrian walkways, and paved or covered recreational facilities, shall be landscaped and irrigated
with a fully automatic system in conformance with this division. Article XIV, Division 1, and Planning Commission Resolution No. 11-92-4718 Such landscaping and irrigation shall be
permanently maintained in a functional, dust free, disease free, and weed free condition.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in width (inside dimensions) with the exception of raised planter boxes around or in
close proximity to buildings.
(c) Parking lot trees. An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the planning director shall be planted for every ten (10) single
row parking stalls or every twenty (20) double row parking stalls within the parking lot.
(d) There shall be a minimum three (3) foot wide (inside dimension,) landscape planter separating a building or wall from a driveway or parking area.
(e) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests,
durability, and adaptability to existing soil and climatic conditions. A majority of plant material used through a development must be specimen-size material (a combination of twenty-four
(24) inch boxes, thirty-six (36) inch boxed and fifteen (15) gallon trees and minimum five (5) gallon for shrubs).
(f) Unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped.
(g) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or above asphalt level of the parking lot. However, when such planted areas lie adjacent
to a concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided in the adjacent area.
(h) A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant materials and trees appropriate in
size and type to create a solid plant screen, subject to the approval of the planning director, and as represented on the approved landscaping plan.
(i) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.
(j) Landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants
shall be replaced as deemed necessary by the planning director. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally
approved design and the provisions of this division., Article XIV, Division 1, and Planning Commission Resolution No. 11-92-4718.
Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance schedule should include but not be limited to, checking, adjusting, and repairing
irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree
pruning shall be performed in compliance with acceptable standards as set forth by the Western Chapter international Society of Arborists.
(k) The landscaping and irrigation plan shall be approved by the planning director subject to the following criteria. Landscape and irrigation plans for projects with required landscaping
consisting of ten thousand (10,000) five thousand (5,000) square feet or more, shall be prepared by a licensed landscape architect. The planning director has the right to disapprove
a landscaping plan if the quantity, size, type, placement, and use of plant material do not meet the minimum requirements of this section., Article XIV, Division 1, and Planning Commission
Resolution No. 11-92-4718. The planning director shall also determine whether the type, size, and location of the proposed landscaping is appropriate given the scale and design of the
development.
(l) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning
Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
(Code 1960, § 10807.14; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1912, § 2, 1-15-93)
NONRESIDENTIAL ZONES
Sec. 26-572. Landscape criteria.
(a) A minimum of eight (8) percent of the total net area (net area shall be computed by excluding public streets) of the development shall be landscaped, and permanently watered with
a water efficient automatic irrigation system. Said landscaping and irrigation shall be installed and permanently maintained in compliance with Article XIV, Division 1 and Planning
Commission Resolution No. 11-92-4718.
Approximately one-half of such landscaped area shall be generally distributed throughout the parking lot with the remainder as planted areas around buildings, peripheral planters around
the site, parkways, street tree wells and other locations as deemed appropriate by the planning director. The planning director shall also determine whether the type, size, and location
of the proposed landscaping is appropriate given the scale and design of the development.
(b) No planting area shall be less than twenty-four (24) square feet or less than three (3) feet in width (inside dimensions) with the exception of raised planter boxes around or in
close proximity to buildings.
(c) Parking lot trees.
(1) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the planning director shall be planted for every ten (10) single row parking stalls
or every twenty (20) double row parking stalls within the parking lot in all zones.
(2) An average of at least one (1) tree (minimum fifteen (15) gallon) of a species satisfactory to the planning division shall be planted for every five (5) single row parking stalls.
(d) Landscaping shall consist of combinations of trees, shrubs, and ground covers with careful consideration given to eventual size and spread, susceptibility to disease and pests,
durability, drought tolerance and adaptability to existing soil and climatic conditions. A majority of plant material used through a development must be specimen-size material a combination
of twenty-four (24) inch boxed, thirty-six (36) inch boxed, and fifteen (15) gallon trees and minimum five (5) gallon for shrubs.
(e) Unused space resulting from the design or layout of parking spaces or accessory structures which is over twenty-four (24) square feet shall be landscaped.
(f) All planted areas shall be surrounded by a concrete curb six (6) inches above final grade or above asphalt level of the parking lot. However, when such planted areas lie adjacent
to a concrete sidewalk, masonry wall, or a building, a raised concrete curb need not be provided in the adjacent area.
(g) A minimum of six (6) feet of either the rear or side yard adjacent to residential zoning or development shall be landscaped with specimen plant materials and trees appropriate in
size and type to create a solid plant screen, subject to the approval of the planning director, and as represented on the approved landscaping plan.
(h) Undeveloped areas proposed for future expansion shall be maintained in a weed free and dust free condition.
(i) All landscaping referred to in this section shall be maintained in a neat orderly fashion and free of debris.
(j) The landscaping and irrigation plan shall be approved by the planning director in compliance with the provisions of this division. Planning Commission Resolution No. 11-92-4718
and the provisions of Article XIV, Division 1. Landscape and irrigation plans or projects with required landscaping consisting of 10,000 two thousand five hundred (2,500) square feet
or more, shall be prepared by a licensed landscape architect. The planning director has the right to disapprove a landscaping plan if the quantity, size, type, placement and use of
plant material do not meet the minimum requirements of this division, Planning Commission Resolution No. 11-92-4718 Guidelines for Water Efficient Landscaping and Article XIV, Division
1.
(k) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the
Planning Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
(Code 1960, § 10904.06; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1912, § 1, 1-15-93; Ord. No. 2030, § 4, 4-20-99)
Sec. 26-572.5. Existing/established landscapes.
All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured plants
shall be replaced as deemed necessary by the planning director. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally
approved design and the provisions of this division, Article XIV, Division 1, and Planning Commission Resolution No. 11-92-4718
Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited, to checking, adjusting, and repairing
irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All tree
pruning shall be preformed in compliance with acceptable standards as set forth by The Western Chapter International Society of Arborists.
All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning Commission
Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
(Ord. No. 1912, § 2, 1-15-93)
HILLSIDE OVERLAY
Sec. 26-708. Landscaping plans.
(a) As a condition to the approval of (and prior to the recordation of) a final map or issuance of building permit (whichever is first) landscaping plans including planting design and
an irrigation system (all of which are prepared by a licensed landscape architect) shall be submitted by the applicant for review and approval by the planning director or duly authorized
representative.
(b) In acting upon landscaping plans, the planning director shall consider the screening of trash enclosures, parking areas in multiple residential developments, the planting of slopes
for both stabilization and appearance, and fire resistance, durability, size, and quality of the proposed plant material. If required, the developer shall assume all costs to provide
proof, that the above requirements are met.
(c) Applicant shall prepare a statement of the quality of existing vegetation in regard to its ability to prevent soil erosion, and provide fire resistance. If existing vegetation is
unacceptable to the appropriate departments in terms of these qualities, it shall be replaced by acceptable material.
(d) In addition to the criteria identified in article XIV, division 1 and Planning Commission Resolution No. 11-92-4718 pPlanting and irrigation system plans shall address the following:
(1) All cut and fill slopes shall be planted with deep-rooted plants that are able to acclimate to the proposed environment. A permanent irrigation (as approved by the planning director)
shall be installed to uniformly cover all planted areas.
(2) Slope planting and irrigation systems shall be provided by the developer on all slopes greater than four (4) feet vertical height. Slopes shall be adequately planted with landscaping
consisting of a minimum of one-third shrubs and trees. The remainder may be grass or ground cover and trees and shrubs. The final plans showing the landscaping and irrigation shall
be subject to the approval of the planning director. All planting and
irrigation systems shall be complete and operative before final approval of the grading, or issuance of occupancy on the residence.
(3) Plants consisting of grass, groundcover, shrubs, and trees as recommended in the planting schedule shall be used. In addition to ground cover plants, approved shrubs having a minimum
one (1) gallon size at ten (10) feet on center in both directions on the slope, or trees having a minimum five (5) gallon size at twenty (20) feet on center both ways may be used. A
combination of shrubs and trees may be utilized. This plant and planting pattern may be varied upon the recommendation of the landscape architect and approval of the planning director.
(4) Irrigation details. Fully automated irrigation systems are required unless waived by the planning commission; however, the owner shall be responsible for watering the slopes which
have been planted at sufficient time intervals to promote growth.
a. Minimum requirements for low slopes to fifteen (15) feet in vertical height:
i. A sprinkler system shall be installed to irrigate such slopes at the time the house plumbing is installed.
ii. If the planning director finds the slope is located in an area which makes handwatering possible conveniently located hose bibs will be accepted in lieu of the required sprinkler
system when a hose no longer than fifty (50) feet can be utilized.
b. Minimum requirements for medium slopes fifteen (15) feet or higher in vertical height: An adequate sprinkler system shall be installed during grading prior to planting of shrubs
and trees and before final grading is approved by the building official.
c. Special requirements for sprinkler systems:
i. Plans, specifications, and calculations for the sprinkler system shall be submitted to and approved by the planning director prior to installation.
ii. Sprinkler systems shall be designed to provide a uniform water coverage at a rate of precipitation of not less than one-tenth inch per hour nor more than three-tenths inch per
hour on the planted slope. In no event shall the rate of precipitation or duration of sprinkling be permitted to create an erosion problem or allow the discharge of excess water into
any public or private street.
iii. A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem.
iv. A functional test of the sprinkler system shall be performed by the installer prior to approval.
v. Sprinkler systems shall be fully automatic unless waived by the planning commission.
vi. The irrigation system shall comply with article XIV, division 1, and Planning Commission Resolution No. 11-92-4718.
(5) Planning Commission Resolution No. 11-92-4718 contains a list of plants identified as meeting the purpose and intent of the water efficient landscape ordinance. In addition, section
26-709 contains plants appropriate for planting in the hillside slope area.
(e) All landscape areas, whether installed pursuant to this chapter or not, shall be maintained free of litter and diseased or dead plants. Diseased, dead, damaged and/or disfigured
plants shall be replaced a deemed necessary by the planning director. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally
approved design and the provisions of this division, article XIV, division 1, and Planning Commission Resolution No. 11-92-4718.
Landscapes shall be maintained to ensure water efficiency and minimize water waste leading to excessive runoff, low head drainage, overspray and other similar conditions where water
flows onto adjacent property, nonirrigated areas, walks, roadways or structures. A regular maintenance schedule should include, but not be limited to, checking, adjusting, and repairing
irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. All
tree pruning shall be performed in compliance with acceptable standards as set forth by The Western Chapter International Society of Arborists.
(f) All landscape areas and irrigations systems shall be subject to the water efficiency provisions contained in Division 1, of Article XIV of Chapter 26 of this Code, and the Planning
Commission Guidelines for Water Efficient Landscaping, unless specifically exempted by those water efficiency provisions.
(Code 1960, § 11202.07; Ord. No. 1333, § 1, 4-25-77; Ord. No. 1358, § 1, 10-24-77; Ord No. 1912, § 2, 1-15-93)
CITY WATER EFFICIENT LANDSCAPE ORDINANCE
Sec. 26-750.1000 Purpose
DIVISION 1. WATER EFFICIENT LANDSCAPING
Sec. 26-750.1000. Purpose.
The purpose of the water efficient landscape division is to:
(1) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible; and
(2) Establish a structure for designing, installing and maintaining water efficient landscapes in new projects; and
(3) To enhance the aesthetic quality of nonresidential development by accommodating flexibility in landscaping design while establishing guidelines to promote such enhancement.
(Ord. No. 1912, § 2, 1-15-93)
Sec. 26-750.1100. Applicability.
This division shall apply to all new and rehabilitated landscaping as of January 1, 1993, for projects that require a grading permit, building permit, use permit, or similar permit as
determined necessary by the planning director.
This division shall not apply to:
(1) "Private landscaping" at single-family and multiple-family projects (see definition for private landscaping).
(2) Cemeteries, parks, schools or other open space lots.
(3) Historical sites registered with the Historical Society of West Covina or other pertinent registry.
(4) New or rehabilitated landscapes consisting of less than two thousand five hundred (2,500) square feet of required landscaping.
(5) Ecological restoration projects that do not require a permanent irrigation system.
(Ord. No. 1912, § 2, 1-15-93)
Sec. 26-750.1200. Definitions.
(a) "Anti-drain valve" or "check valve" means a valve located under a sprinkler head to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads.
(b) "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.
(c) "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.
(d) "Ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
(e) "Emitter" means drip irrigation fittings that deliver water slowly from the system to the soil.
(f) "Established landscape" means the point at which plants in the landscape have developed roots into the soil adjacent to the root ball.
(g) "Establishment period" means the first year after installing the plant in the landscape.
(h) "Estimated annual water use" means the annual estimated water use of landscape that is based upon irrigation efficiency, precipitation rates, and scheduled length of water applications.
This should be expressed in inches of irrigation water per square foot of landscape area per year.
(i) "Flow rate" means the rate at which water flows through pipes and valves (gallons per minute or cubic feet per second).
(j) "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 nonirrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a nonirrigated hydrozone.
(k) "Infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (inches per hour).
(l) "Landscaped area" means the entire parcel less the building footprint, driveways, nonirrigated portions of parking lots, hardscapes such as decks and patios and other nonporous
areas. Water features are included in the calculation of the landscaped areas. Areas dedicated to edible plants, such as orchards or vegetable gardens, are not included.
(m) "Mulch" means any material such as leaves, bark, straw or other materials left loose and applied to the soil surface to reduce evaporation.
(n) "Overspray" means the water which is delivered beyond the landscaped area, wetting pavements, walks, structures, or other nonlandscaped areas.
(o) "Private landscaping" means landscaping at single-family or multiple-family developments that was not required to be installed as a part of project approval and is contained within
a private yard or court area.
(p) "Rain sensing device" means a system which automatically shuts off the irrigation system when it rains.
(q) "Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings
marked up in the field and other data furnished by the contractor.
(r) "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic.
(s) "Rehabilitated landscape" means any relandscaping project that requires approval by the planning director, administrative review board, planning commission, city council, or requires
a permit.
(t) "Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. For example, runoff may result from water that is applied at
too great a rate (application rate exceeds infiltration rate) or when there is a severe slope.
(u) "Soil moisture sensing device" means a device that measures the amount of water in the soil.
(v) "Soil texture" means the classification of soil based on the percentage of sand, silt, and clay in the soil.
(w) "Specimen size" shall include trees twenty-four (24) inch boxed size and greater and shrubs, five (5) gallon size and greater.
(x) "Sprinkler head" means a device which sprays water through a nozzle.
(y) "Station" means an area served by one (1) valve or by a set of valves that operate simultaneously.
(z) "Turf" means a surface layer of earth containing mowed grass with its roots. Annual bluegrass, Kentucky bluegrass, Perennial rye grass, Red fescue, and Tall fescue are cool-season
grasses. Bermuda grass, Kikuyu grass, Seashore paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.
(aa) "Water efficient irrigation" means the scheduling and management of an irrigation system to supply moisture to a landscape without excess or waste in compliance with the landscape/irrigation
criteria set forth in this article.
(bb) "Water efficient landscaping" means a landscape that is designed and maintained to function in a healthful and visually pleasing manner in compliance with the landscape/irrigation
criteria set forth in this article. This generally involves the strategic use of plants which have minimal water requirements for subsistence, plants native to hot/dry environments,
xeriscape, and hardscape to achieve an overall landscape concept which is water conserving.
(cc) "Wind sensing device" means a device that automatically shuts off the irrigation system during times of heavy wind.
(Ord. No. 1912, § 2, 1-15-93)
Sec. 26-750.1300. Requirements.
In addition to the underlying zoning requirements, sections 26-515, 26-572, 26-572.5, 26-708 of the zoning ordinance and Planning Commission Resolution No. 11-92-4718 shall also be adhered
to.
(Ord. No. 1912, § 2, 1-15-93)
Chapter 26
ARTICLE XIV
Division 1. Water Efficient Landscaping
26-750.1000. Purpose.
The State Legislature has found that:
(1) The waters of the State are of limited supply and are subject to ever increasing demands;
(2) The continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) It is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water,
preventing erosion, offering fire protection, and replacing ecosystems lost to development;
(5) Landscape design, installation, maintenance, and management can and should be water efficient; and
Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right
does not and shall not extend to waste or unreasonable method of use of water.
The City hereby finds that:
(1) The City of West Covina has an existing Water Efficient Landscape ordinance that is required to be amended to comply with State requirements.
(2) Current local design practices in new landscapes typically achieve the State Model Water Efficient Landscape Ordinance water use goals;
(3) All water services within the City are metered;
(4) Landscape plan submittal and review is the standard practice in West Covina;
(5) The average rainfall in West Covina is approximately 17 inches per year and the annual reference evapotranspiration rate (Annual ETo) is 53.1; and
Consistent with these findings, the purpose of the City’s Water Efficient Landscape Ordinance is to establish an alternative model acceptable under California Government Code Section
65595(c)(1) as being at least as effective as the State Model Water Efficient Landscape Ordinance in the context of conditions in the City in order to:
(1) Promote the values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible;
(2) Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
(3) Establish provisions for water management practices and water waste prevention for existing landscapes; and
(4) Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount.
[Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code.]
26-750.1100. Applicability.
New Landscape Installations or Rehabilitation Projects: As of the effective date of this ordinance, all sections of this Chapter shall apply to the following landscape projects:
New landscape installations or landscape rehabilitation projects for non-residential developers with a landscaped area, including pools or other water features (but excluding hardscape)
equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a landscape plan or which otherwise require a ministerial permit for a landscape
or water feature.
(2) New landscape installations or landscape rehabilitation projects which are developer installed for single-family and multi-family residential projects or complexes with a landscaped
area, including pools or other water features (but excluding hardscape) equal to or greater than 2,500 square feet, and which are otherwise subject to a discretionary approval of a
landscape plan or which otherwise require a ministerial permit for a landscape or water feature
(3) New landscape installation projects by individual homeowners on single-family or multi-family residential lots with a total project landscaped area, including pools or other water
features (but excluding hardscape) equal to or greater than 5,000 square feet, and which are otherwise subject to a discretionary approval of a landscape plan, or which otherwise require
a ministerial permit for a landscape or water feature;
(4) Recognizing the special landscape management needs of cemeteries, new landscape installations or landscape rehabilitation projects at cemeteries shall prepare a water efficient
landscape worksheet; landscape and irrigation maintenance schedule; and irrigation audit, survey and water use analysis as required in the Guidelines.
Existing Landscapes: As of the effective date of this ordinance, all existing landscape areas are exempt from the provision of this Division I or Article XIV except as follows:
(1) Irrigation of all existing landscaped areas of one acre or less shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives
for water conservation and water waste prevention, as determined and implemented by the local water purveyor and as may be mutually agreed by the City.
(2) For all existing landscaped areas in the City over one acre in size the City and/or the regional or local water purveyor may administer programs such as irrigation water use analyses,
irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency community-wide to
a level equivalent to or less than would be achieved by applying a MAWA calculated with an ETAF of 0.8.
This Water Efficient Landscape 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) Plant collections, as part of botanical gardens and arboretums that are open to the public.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.]
The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions
that have the effect of prohibiting the use of low-water use plants as a group.
26-750.1150. Planning Commission Guidelines.
The Planning Commission shall by Resolution adopt guidelines providing rules, regulations, requirements and procedures to assure technical compliance with water efficiency standards
at least as efficient as the model ordinance described in California Government Code Section 65595(a).
26-750.1200. Implementation Procedures.
Prior to installation, a Landscape Documentation Package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Water Efficient
Landscape Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the provisions of the Planning Commission Guidelines for Water Efficient Landscaping.
The Landscape Documentation Package shall include a certification by a landscape architect licensed in the State of California stating that the landscape design and water use calculations
have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and
the Planning Commission Guidelines for Water Efficient Landscaping.
(1) Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.
(2) Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the local water purveyor, as appropriate, under procedures determined
by the City.
(3) Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Occupancy
or Permit Final process, as provided in the Planning Commission Guidelines for Water Efficient Landscaping.
[Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code.]
26-750.1300. Landscape Water Use Standards.
For landscape installation or rehabilitation projects subject to the applicability requirements of Section 26-750.1100 (A), the Estimated Applied Water Use allowed for the landscaped
area shall not exceed the Maximum Applied Water Allowance (MAWA) calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the
MAWA is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-efficient in a manner acceptable to the City; as provided
in the Planning Commission Guidelines for Water Efficient Landscaping.
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and
water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the City.
26-750.1400. Delegation.
The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of the Water Efficient Landscape Ordinance on behalf
of the City.
26-750.1500. Definitions.
The following definitions are applicable to this Chapter:
“Applied water” means the portion of water supplied by the irrigation system to the landscape.
“Budget-based tiered-rate structure” means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived
from lot size or irrigated area and the evapotranspiration requirements of landscaping.
“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
“Estimated Applied Water Use” means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It
is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
“Evapotranspiration” or “ETo” – see “Reference Evapotranspiration”
“Evapotranspiration Adjustment Factor” or “ETAF” is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The
ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that
needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency
of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this Water Efficient Landscape Ordinance and the
Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
“Guidelines” refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements
for landscape projects subject to this Water Efficient Landscape Ordinance.
“Hardscapes” means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements or walls. Pools and other water features are
considered part of the landscaped area and not considered hardscapes for purposes of this Water Efficient Landscape Ordinance.
“Homeowner installed landscape” means any landscaping either installed by a private individual for a single family residence or installed by a licensed contractor hired by a homeowner.
A homeowner, for purposes of this ordinance, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings
and which are subject under this ordinance to the requirements applicable to developer-installed residential landscape projects.
“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 average irrigation efficiency for purposes of this Water Efficient Landscape Ordinance is 0.71.
Greater irrigation efficiency can be expected from well designed and maintained systems.
“Landscaped area” means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use
calculations. The landscaped 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).
“Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
“Landscape Documentation Package” means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.
“Landscape project” means total area of landscape in a project, as provided in the definition of “landscaped area,” meeting the applicability requirements under Section 26.750.1100 of
this Water Efficient Landscape Ordinance.
“Local agency” means a city or county, including a charter city or charter county, that is authorized by the City to implement, administer, and/or enforce any of the provisions of the
Water Efficient Landscape Ordinance on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this Water Efficient Landscape Ordinance
including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
“Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.
“Maximum Applied Water Allowance” or “MAWA” means the upper limit of annual applied water for the established landscaped area as specified in Section 2.2 of the Guidelines. 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.
“New construction” means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscape or other new landscape such as a park, playground, or greenbelt
without an associated building.
“Non-pervious” means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
“Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
“Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Water Efficient Landscape 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 Water Efficient Landscape Ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape
Species.”
“Recycled water” or “reclaimed water” means treated or recycled wastewater of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is 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 expressed in inches per day, month,
or year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a large field of four-to
seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.
“Rehabilitated landscape” means any re-landscaping project that meets the applicability criteria of Section 16.131.020(a), where the modified landscape area is greater than 2,500 square
feet, is 50% of the total landscape area, and the modifications are planned to occur within one year.
“Smart automatic irrigation controller” means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using
either evapotranspiration (weather-based) or soil moisture data.
“Special landscape area” means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features
using recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface.
“Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass,
Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
“Valve” means a device used to control the flow of water in an irrigation system.
“Water feature” means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams,
spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands
used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention
are not water features and, therefore, are not subject to the water budget calculation.
[Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code.]