Ordinance - 2205ORDINANCE NO.2205
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 existing landscaping requirements with a Water Efficient Landscaping Ordinance; and
WHEREAS, on September 28, 2008, Governor Swarzenegger signed into law Assembly
Bill No. 1881 (AB 1881) requiring that cities add to or atnend 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 or 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:
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
6. 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:
1. The code currently has standards for water efficient landscaping adopted in 1993.
Ordinance No. 2205
Page 2
2. 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.
3. 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:
4. 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.
5. 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 hereby ordain 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 6th day of April, 2010.
Mayor Shelley Sanderson
ATTEST:
City Clerk Laurie Carrico ,
Ordinance No. 2205
Page 3
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 161h day of March, 2010. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 61h day of
April, 2010, by the following vote:
AYES:
Herndndez, Lane, Sanderson
NOES:
Touhey
ABSENT:
Herfert
ABSTAIN:
None
City Clerk taurie Carrico
APPROVED AS TO FORM:
Ci y. Attorney old 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.
I . 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. Such landscaping and irrigation
shall be pennanently 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,
Ord. Water Efficient Landscaping —Exhibit A
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.
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 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. 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.
(1) 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.
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
Ord. Water Efficient Landscaping.— Exhibit A
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. Landscape and irrigation plans or projects with required
landscaping consisting of 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 Guidelines for Water
Efficient Landscaping and Article XIV, Division I.
(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.
Ord. Water Efficient Landscaping — Exhibit A
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.
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 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) Planting 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 enviromnent. 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.
Ord. Water Efficient Landscaping — Exhibit A
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 systein 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 perfonned 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
Ord. Water Efficient Landscaping — Exhibit A
Chapter 26
ARTICLE XIV
Division 1. Water Efficient Landscaping
26-750.1000. Purpose.
a) 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
(6) 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.
b) 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
c) 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.
a. 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:
(1) 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.
Ord. Water Efficient Landscaping — Exhibit A
(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.
b. 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
MA WA calculated with an ETAF of 0.8.
c. 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 pennanent 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.]
d. 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.
a. 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.
Ord. Water Efficient Landscaping — Exhibit A
b. 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.
a. 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.
b. 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:
a) "Applied water" means the portion of water supplied by the irrigation system to the
landscape.
b) "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.
c) "Ecological restoration project" means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
d) "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.
e) "Evapotranspiration" or "ETo" — see "Reference Evapotranspiration"
Ord. Water Efficient Landscaping — Exhibit A
f) "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.
g) "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.
h) "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.
i) "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.
j) "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.
k) "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).
1) "Landscape contractor" means a person licensed by the State of California to construct,
maintain, repair, install, or subcontract the development of landscape systems.
m) "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.
n) "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.
o) "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.
p) "Local water purveyor" means any entity, including a public agency, city, county, or private
water. company that provides retail water service.
q) "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
Ord. Water Efficient Landscaping.- Exhibit A
of the landscaped area. The Estimated Applied Water Use shall not exceed the Maximum
Applied Water Allowance.
r) "Mined -land reclamation projects" means any surface mining operationwith a reclamation
plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
s) "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.
t) "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.
u) "Pervious" means any surface or material that allows the passage of water through the
material and into the underlying soil.
v) "Permit" means an authorizing document issued by local agencies for new construction or
rehabilitated landscape.
w) "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."
x) "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.
y) "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.
z) "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.
aa) "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.
bb) "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.
cc) "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue . are cool -season grasses.
Bennudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and
Buffalo grass are warn -season grasses.
dd) "Valve" means a device used to control the flow of water in an irrigation system.
ee) "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
Ord. Water Efficient Landscaping — Exhibit A
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.]
Ord. Water Efficient Landscaping — Exhibit A