Chapter 14.17
WATER-EFFICIENT LANDSCAPING
Sections:
14.17.030 Landscape Water Use Standards.
14.17.040 Implementation Procedures.
* Prior history: Ords. 92-54, 92-55 and 96-22.
14.17.005 Purpose.
The purpose of this chapter and the related design standards is to establish an alternative model acceptable under Governor Brown’s April 1, 2015, Drought Executive Order (B-29-15) and subsequently revised to implement the requirements of Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016, in the context of conditions in the City to:
A. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
B. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
C. Establish a structure for planning, designing, installing, and maintaining and managing water-efficient landscapes in new construction and rehabilitated projects;
D. Establish provisions for water management practices and water waste prevention for existing landscapes;
E. 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;
F. Encourage the use of economic incentives that promote the efficient use of water, such as providing rebate incentives and offering educational programs; and
G. Implement the State mandates set forth in Senate Bill 1383, the Short-Lived Climate Pollutant Reduction Act of 2016. (Ord. 2021-25 § 3 (Exh. C), 2021; Ord. 2015-34 § 1 (part), 2016: Ord. 2010-1 § 1 (part), 2010)
14.17.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:
A. “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.
B. “Applied water” means the portion of water supplied by the irrigation system to the landscape.
C. “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.
D. “Design standards” refers to the Design Standards for Implementation of the Water Efficient Landscape Ordinance, which are hereby adopted by reference and may be amended from time to time, which describe procedures, calculations, and requirements for landscape projects subject to this chapter.
E. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
F. “Estimated applied water use” or “EAWU” means the average annual total amount of water estimated to be necessary to keep plants in a healthy state. EAWU is based on the reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the irrigation efficiency within each hydrozone.
G. “ET adjustment factor” or “ETAF” of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape area shall not exceed 1.0 (one hundred (100) percent). The ETAF for existing nonrehabilitated landscapes is 0.8 (eighty (80) percent).
H. “Hardscapes” means any durable material or feature (pervious and nonpervious) installed in or around a landscape area, such as pavements or walls. Surface area of pools and other water features is considered part of the landscape area and not considered hardscape for purposes of this chapter.
I. “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 chapter is 0.75 (seventy-five (75) percent) for overhead spray devices and 0.81 (eighty-one (81) percent) for drip systems with an overall irrigation efficiency of 0.71 (seventy-one (71) percent). Greater irrigation efficiency can be expected from well designed and maintained systems.
J. “Landscape 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 landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).
K. “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 design standards.
L. “Landscape project” means the total area of landscape in a project, as provided in the definition of “landscape area.”
M. “Landscape rehabilitation project” means any relandscaping project that meets the applicability criteria of Section 14.17.020, where the modified landscape area is greater than two thousand five hundred (2,500) square feet.
N. “Licensed professional” means a licensed landscape architect, California licensed landscape contractor, civil engineer, architect, or any other person authorized to design or construct a landscape pursuant to California Business and Professions Code Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5, 16 CCR Section 832.27, and California Food and Agricultural Code Section 6721.
O. “Local water supplier” means any entity, including, but not limited to, a public agency, city, county, or private water company that provides retail water service.
P. “Maximum applied water allowance” or “MAWA” is the upper limit of annual applied water for the established landscape area as specified in Section 2.2 of the design standards. It is based upon the area’s reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The estimated applied water use shall not exceed the maximum applied water allowance. MAWA = (ETo) (0.62) [(ETAF × LA) + ((1 - ETAF) × SLA)]
Q. “Ministerial permit” means an authorizing document issued by the City’s Community Development Department in conjunction with a landscape project which may include, but is not limited to: grading, pools, spas, fountains, ponds, retaining walls, fences and walls, shade structures, trellis structures, barbecues, outdoor fireplaces, etc.
R. “MWELO” means the Model Water Efficient Landscape Ordinance as set forth in 23 CCR Section 490 et seq.
S. “New landscape installation project” means a landscape installed in conjunction with any type of new development, whether or not the new development includes construction of new building(s) (e.g., parks, playgrounds, greenbelts, etc.).
T. “Nonpervious” 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. “Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, which estimates the amount of water needed by plants. For purposes of this chapter, the plant factor range for very low water use plants is zero (0) to 0.1 (ten (10) percent); the plant factor for low water use plants is 0.1 (ten (10) percent) to 0.3 (thirty (30) percent); the plant factor range for moderate water use plants is 0.4 (forty (40) percent) to 0.6 (sixty (60) percent); and the plant factor range for high water use plants is 0.7 (seventy (70) percent) to 1.0 (one hundred (100) percent). Plant factors cited in this chapter are derived from the Department of Water Resources 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).
W. “Recycled water” or “reclaimed water” means a wastewater which, as a result of treatment, is suitable for nonpotable uses not intended for human consumption such as landscape irrigation and water features.
X. “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 D of the design standards 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 allowance.
Y. “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 with nonvolatile memory shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
Z. “Special landscape area” or “SLA” 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, or areas dedicated to active play such as community pools and spas, parks, sports fields, golf courses, or areas where turf provides a playing surface. These areas may have an ET adjustment factor (ETAF) up to 1.0 (one hundred (100) percent).
AA. “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 warm-season grasses.
BB. “Valve” means a device used to control the flow of water in an irrigation system.
CC. “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 landscape 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. 2023-22 § 662, 2023; Ord. 2021-25 § 3 (Exh. C), 2021; Ord. 2015-34 § 1 (part), 2016: Ord. 2013-11 § 84, 2013; Ord. 2010-1 § 1 (part), 2010)
14.17.020 Applicability.
A. Beginning February 1, 2016, and consistent with Executive Order No. B-29-15 and Senate Bill, the Short-Lived Climate Pollutant Reduction Act of 2016, this chapter shall apply to the following landscape projects:
1. New landscape projects (including new single-family, multifamily, public, institutional or commercial projects) with an aggregate landscape area equal to or greater than five hundred (500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check, or landscape design review permit) from the City.
2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet which require discretionary or ministerial permits (including building or planning permit, plan check or landscape design review permit) from the City.
3. Rehabilitated landscape projects with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix H of the design standards (Prescriptive Compliance Option).
4. Rehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets the lot or parcel’s landscape water requirement (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix H of the design standards (Prescriptive Compliance Option).
5. New landscape installation projects or landscape rehabilitation projects installed at cemeteries shall be subject to the following sections of the design standards: Sections 2.2, Water Efficient Landscape Calculations and Alternatives; 2.8, Post-Installation Irrigation Scheduling; and 2.9, Post-Installation Landscape and Irrigation Maintenance, but shall not require a landscape documentation package (design standards Section 2.1).
B. This chapter does not apply to:
1. Landscape rehabilitation projects that consist of replacement plantings with equal or lower water needs and the irrigation system is designed, operable and programmed to comply with the City’s water conservation regulations;
2. Registered local, State, or Federal historical sites;
3. Ecological restoration projects that do not require a permanent irrigation system;
4. Plant collections, as part of botanical gardens and arboretums open to the public; or
5. Landscape in hazard reduction and fuel modification zones, where applicable.
C. Section 14.17.030(B) (requiring compliance with the City’s water conservation ordinance) shall apply to all landscape areas, whether installed prior to (existing landscapes) or after adoption of the ordinance codified in this chapter. (Ord. 2021-25 § 3 (Exh. C), 2021; Ord. 2015-34 § 1 (part), 2016: Ord. 2010-1 § 1 (part), 2010)
14.17.030 Landscape Water Use Standards.
A. Property owners or their building or landscape designers that meet the threshold set forth in Section 14.17.020(A)(1) shall:
1. Comply with Sections 492.6(a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or designers that meet the threshold for MWELO compliance outlined in Section 14.17.020(A)(1) shall consult the full MWELO for all requirements.
B. For new landscape installation or rehabilitation projects subject to Section 14.17.020, the estimated applied water use allowed for the landscape area shall not exceed the MAWA calculated using an ET adjustment factor of 0.55 (fifty-five (55) percent) for residential areas and 0.45 (forty-five (45) percent) for nonresidential areas, except for special landscape areas where the MAWA is calculated using an ET adjustment factor of 1.0 (one hundred (100) percent); or the design of the landscape area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City, as provided in the design standards.
C. Irrigation of all landscape 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 City’s water conservation ordinance. (Ord. 2021-25 § 3 (Exh. C), 2021; Ord. 2015-34 § 1 (part), 2016: Ord. 2010-1 § 1 (part), 2010)
14.17.040 Implementation Procedures.
A. A landscape documentation package shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this chapter. Any landscape documentation package submitted to the City shall comply with the provisions of the design standards.
B. The landscape documentation package shall include a certification of design by a professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of a licensed professional and are certified to be in compliance with the provisions of this chapter and the design standards.
1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations. Water use calculations shall be consistent with the procedures and calculations provided in the design standards document.
2. Verification of compliance of the landscape installation with the approved plans shall be obtained through a certification of completion, which shall be submitted to the City prior to final of the permit, per the procedures provided in the design standards document. (Ord. 2021-25 § 3 (Exh. C), 2021; Ord. 2015-34 § 1 (part), 2016: Ord. 2010-1 § 1 (part), 2010)