Ordinance - 2292ORDINANCE NO. 2292
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WEST COVINA CALIFORNIA APPROVING CODE
AMENDMENT NO. 15-01, RELATED TO WATER
EFFICIENT LANDSCAPING
WHEREAS, the continuation of California's economic prosperity is dependent on the
availability of adequate supplies of water for future uses; and
WHEREAS, it is the policy of the State of California to promote the conservation and
efficient use of water and to prevent the waste of this valuable resource; and
WHEREAS, landscaped areas 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; and
WHEREAS, landscape design, installation, maintenance, and management should be
water efficient; and
WHEREAS, careful water management that includes water efficient landscaping and
irrigation practices, is essential to ensure a reliable minimum supply of water to meet current and
future water supply needs; and
WHEREAS, on the 22"d day of September, 2015, the Planning Commission initiated a code
amendment to revise standards for water efficient landscaping by adopting Resolution No. 15-5782;
and
WHEREAS, the Planning Commission, upon giving required notice, did on the 26"' day of
January, 2016, conduct a duly advertised public hearing as prescribed by law, at which time the
Planning Commission adopted Resolution No. 16-5803 recommending to the City Council approval
of Code Amendment No. 15-01; 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 161h of February, 2016; and
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 2010.
Ordinance No. 2292
Code Amendment No. I5-01
February 16, 2016 - 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. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which updated
California's Model Water Efficient Landscape Ordinance (MWELO). The revised
ordinance was approved by the California Water Commission on July 15, 2015 and
codified in 23 C.C.R. 490 et seq. MWELO requires cities to adopt local revised
water efficient landscape ordinances by December 1, 2015 that are at least as
effective as the State MWELO.
4. 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, BE IT RESOLVED, by the City Council of the City of West Covina
as follows:
SECTION NO. 1: The above recitals are true and correct and are incorporated herein as if
set forth herein in full.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code
Amendment No. 15-01 is hereby found to be consistent with the West Covina General Plan and the
implementation thereof and that the public necessity, convenience, general welfare, and good
zoning practices require Code Amendment No. 15-01.
SECTION NO. 2: Based on the evidence presented and the findings set forth, Code
Amendment No. 15-01 as shown on Exhibit A is at least as effective as the MWELO.
SECTION NO. 3: Based on the evidence presented and the findings set forth, the City
Council of the City of West Covina approves Code Amendment No. 15-01 to amend Chapter 26
(Zoning) of the West Covina Municipal Code to read as shown on Exhibit "A."
SECTION NO. 4: The City Council finds that adoption of this Ordinance is exempt as
defined by the California Environmental Quality Act ("CEQA"), as 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.
SECTION NO. 5: Any provision of the West Covina Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies
and no further, is hereby repealed or modified to that extent necessary to effect the provisions of
this Ordinance.
SECTION NO. 6: Should any provision of this Ordinance, or its application to any
person or circumstance, be determined by a cout of competent jurisdiction to be unlawful,
Ordinance No. 2292
Code Amendment No. 15-01
February 16, 2016 - Page 3
unenforceable or otherwise void, that determination shall have no effect on any other provision
of this Ordinance or the application of this Ordinance to any other person or circumstance and, to
that end, the provisions hereof are severable. The City Council of the City of West Covina
declares that it would have adopted all the provisions of this Ordinance that remain valid if any
provisions of this Ordinance are declared invalid.
SECTION NO. 7: The City Clerk shall certify to the passage and adoption of this
ordinance, causing it to be posted or published as required by law and it shall be effective thirty (30)
days after its adoption.
PASSED, APPROVED AND ADOPTED on this I" day of March, 2016.
APPROVED AS TO FORM:
Ki berly Ha Barlow
City Attorney
Vor
Toma
ATTEST:
Nicholas S. Lewis
City Clerk
I, NICKOLAS S. LEWIS, 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 16`h day of February, 2016. That thereafter said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 15` day of
March, 2016, by the following vote:
AYES:
NOES:
ABSENT:
Johnson, Spence, Warshaw, Wu, Toma
None
None
ABSTAIN: None
Nickolas-S. Lewis
City Clerk
Ordinance No. 2292
Code Amendment No. 15-01
February 16, 2016 - Page 4
Exhibit A
Chapter 26 — Zoning
Article XIV — Supplemental Planning Requirements
DIVISION 1. - WATER EFFICIENT LANDSCAPING
Sec. 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 typieall strive to achieve the intent of
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 C"'c i oirria R "' ede section
65595(e`O*Governor Brown's April 1, 2015 Drought Executive Order (B-19-25) 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:
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Code Amendment No. 15-01
February 16, 2016 - Page 5
(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.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
State Law reference— Authority cited: Section 65593, Government Code. Reference: Sections
65591, 65593, 65596, Government Code. 23 California Code of Regulations, Sections 490 et
seq.
Sec. 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 fell bilitatien fifeJeets for „ ';ide„IW
de�,elapers A41, a landseaped area, including POR-Is Rr Rt�pr .vater features (but
eluding 1.,.rdse„„e) .al to or e t„f than t.. „ tl.,.....„„.1� F.. e 1,„„.1„0d (2 cnn)
plan or which otherwise require a ministerial pefmit for a landscape or water ft�attire.
projects, with an aggregate landscape area equal to or greater than 500 square feet,
requiring a building permit or landscape permit, plan check or design review.
(2) New landscape installations or landseape rehabilitation prejeets which are developer
iiiqfafled 4)r ;ifigle family and multi family residential projeets or complexes with
equal to of gfeater than two thousands five hundfed (2,500) squafe feet, and whieh are
otherwise subjeet te a diseretieftafy approval of a landseape plan ef whieh otherwise
ministerial permit for a land,,.ape or ..ter feature. Rehabilitated landscape
projects with an aggregate landscape area equal to or greater than 2,500 square feet
requiring a building or landscape permit, plan check. or design review.
ese,�nszs�e�res,sr� a•rles'fcer �scsi .
I ...... 5, residential lots with a total project landseaped area, ineluding pool
othei: water feattifes (but exeluding hardscape) equal to or gfe&tef than 4�ive tliaiiqa
(5,000) square feet, and whieh are otherwise subject to a approval a
lanElseape plan, or which othefwise require a ministerial permit for a lan�'A�ve
feature; New of rehabilitated laiadseape projects with an aggregate landscape are N
or .landscape of 11 s.uare
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Code Amendment No. 15-01
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or less may comply with the performance requirements of this ordinance or conform to
the prescriptive measures contained in Appendix G of the Guidelines.
(4) Reeagnizing the speeial landscape manageffient needs of cemeteries, new landscape
installatiens er landscape rehabilitation jmojeets at cemeteries shall prepare a wate
irrigation audit, survey and ..... er use analysis as ..,.....:red in the guidelines. New or
rehabilitated projects using treated or untreated graywater or rainwater capture on site,
any lot or parcels within the project that has less than 2,500 square feet of landscape
area and meets the lot or parcel's landscape water requirements (Estimated Total Water
Use) entirely with the treated or untreated graywater or through stored rainwater capture
on site is subject only to Appendix G of the Guidelines.
_
■
(eb) This water effcient landscape ordinance does not apply to
(1) Registered local; state, or federal historical sites;
(2) Lcological 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.
State law reference —Authority Cited: Section 65595, Government Code. Reference:
Section 65596, Government Code. 23 California Code of Regulations, Sections 490 et
seq.
(de) 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.
d. The requirements of this chapter may be partially or wholly waived, at the discretion of the
City Manager or his/her designee, for landscape rehabilitation projects that are limited to
replacement of plantings with equal or lower water needs and where anv modifications to
the irrigation system do not require ministerial permits and the irrigation system is found to
Ordinance No. 2292
Code Amendment No. 15-01
February 16, 2016 - Page 7
be designed, operable, and programmed consistent with minimizing water waste in
accordance with local water purveyor(s)' regulations or programs.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
Sec. 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).
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
Sec. 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 conmission guidelines for water efficient
landscaping.
(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.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Section
65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.
Sec. 26-750.1300. - Landscape water use standards.
Ordinance No. 2292
Code Amendment No. 15-01
February 16, 2016 - Page 8
(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.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
Sec. 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.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
Sec. 26-750.1500. - Definitions.
The following definitions are applicable to this chapter:
"Aggregate landscape areas" pertains to the areas undergoing development as one project
or for production home neighborhoods or other situations where multiple parcels are
undergoing development as one project, but will eventually be individually owned.
(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.
"Community Aesthetics Evaluation" means that when a project is not subject to a permit,
plan check, or design review, the Community Aesthetics Evaluation may be performed to
ensure the aesthetic standards of the community and irrigation efficiency intent is
maintained.
-(e) "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
Ordinance No. 2292
Code Amendment No. 15-01
February 16, 2016 - Page 9
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"
(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.
{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 ,mini Ru n:
average irrigation efficiency for purposes of this water efficient landscape ordinance is are
0.71. GFe teF i gationm efficiency est a from well designed 0.75 for overhead
spray devices and maintained 0.81 for drip 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).
(l) "Landscape contractor" means a person licensed by the State of California to construct,
maintain, repair, install, or subcontract the development of landscape systems.
(in) "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.
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Code Amendment No. 15-01
February 16, 2016 -Page 10
(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.
(e) "Local agency" means a city or county, including a charter city or charter county, that is
authorized by the e45 to implement, administer, and/or enforce any of the provisions of the
water efficient landscape ordinance an 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 of
the landscaped area. The estimated applied water use shall not exceed the maximum applied
water allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + (1-ETAF) x SLAI
(r) "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.
(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 ranee for low water use plants is 0 to 0.1; 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 Resexnes 2000 publication "Water Use
Classification of Landscape Species." Plant factors may also be obtained from horticultural
researchers from academic institutions or professional associations as approved by the
California Department of Water Resources (DWR).
(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,
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Code Amendment No. 15-01
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month, or year as represented in Appendix A of the Guidelines, and is an estimate of the
evapotranspiration of a large field of four (4) to seven (7) 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 two
thousand five hundred (2,500) square feet, sfifty _(50 pereent of the total landscape .,.oa-
and the modifications ai-7e planned to oeew within one (1) yeaf.
(aa) "Smart automatie irrigation controller" means an automatic timing device used to motel_
control ..aloes tha ,. «o .... irrigation system and iN,hi..r.schedules iffigation events usin
controllers utilizing either evapotranspiration ( e�arbased) or soil moisture sensor data
with non-volatile memory shall be required for irrigation scheduling in all irrigation
systems, recommending U.S. EPA WaterSense labeled devices as applicable.
(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 recreational areas dedicated to active play such as parks, sports
fields, golf courses, and where turf provides a playing surface.
(ee) "Turf' means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool -season grasses. Bermuda
grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo
grass are wane -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 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.
(Ord. No. 2205, § 3(Exh. A), 4-6-2010)
State Law reference— Authority Cited: Section 65595, Government Code. Reference: Sections
65592, 65596, Government Code. 23 California Code of Regulations, Sections 490 et seq.