Covina City Zoning Code
CHAPTER 17
82 WATER-EFFICIENT LANDSCAPE REGULATIONS
§ 17.82.010 References to water-efficient landscape regulations.
§ 17.82.020 Definitions.
Except where the context of such words or phrases clearly indicates a different meaning or construction, the following words, terms, and phrases, whenever used in this chapter or in resolutions of the council adopted pursuant to the provisions of this chapter, shall have the meanings ascribed to them in this section.
shall mean the portion of water supplied by the irrigation system to the landscape.
shall mean a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development.
shall mean the certificate required to be completed and submitted to the city certifying that the landscape project has complied with the provisions of the water-efficient landscape regulations contained in this chapter and the guidelines.
shall mean a community apartment project, condominium project, planned development, and stock cooperative pursuant to California Civil Code Section 1351.
shall mean a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
shall mean any employee or agent of the city authorized to enforce the provisions of the municipal code as designated in writing by the city.
shall mean 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 landscaped area, plant water use factors, and the relative irrigation efficiency of the irrigation system.
shall mean the factor that 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 chapter and the guidelines, except that the ETAF for a special landscaped area shall not exceed 1.0.
shall mean the Guidelines for Implementation of the City of Covina Water Efficient Landscape Regulations, which describe procedures, calculations, and requirements for landscape projects subject to this chapter.
shall mean any durable material or feature (pervious and impervious) 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 hardscape for purposes of this chapter.
shall mean any landscaping either installed by a private individual for a single-family residence or installed by a landscape professional hired by a homeowner. A homeowner, for purposes of this chapter, is a person who occupies the dwelling he or she owns or rents. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under CMC § 17.82.040(A)(2) to the requirements applicable to developer-installed single-family and multifamily residential landscape projects.
shall mean a portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or nonirrigated.
shall mean any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
shall mean the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this chapter is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems.
shall mean the package of documents that a project applicant is required to submit to the city for review and approval of landscape projects, as described in the guidelines.
shall mean a licensed landscape architect, licensed landscape professional, or any other person authorized to design a landscape pursuant to Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the California Food and Agriculture Code.
shall mean the total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under CMC § 17.82.040(A).
shall mean 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 impervious hardscape, and other nonirrigated areas designated for nondevelopment (e.g., open spaces, artificial turf in compliance with the city's design guidelines, and existing native vegetation).
shall mean 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 this chapter on behalf of the city. The local agency may be responsible for the enforcement or delegation of enforcement of this chapter, including, but not limited to, site plan review, plan check, issuance of permits, and inspection of a landscape project.
shall mean any entity, including a public agency, city, county, or private water company that provides retail water service within the city.
shall mean 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.
shall mean any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
shall mean the Model Water Efficient Landscape Ordinance adopted by the California Department of Water Resources in accordance with California Government Code Section 65591 et seq.
shall mean a new building with landscaping or a landscape-dominated project, such as a park, playground, playing field, or greenbelt or other new landscape, which may or may not have an associated building or structure.
shall mean an authorizing document, whether discretionary or ministerial, issued by local agencies for new construction or a rehabilitation project.
shall mean any surface or material that allows the passage of water through the material and into the underlying soil.
shall mean a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this chapter, 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 chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."
shall mean the person submitting a landscape documentation package pursuant to Section 2.1 of the guidelines, to request a permit, plan check, or site plan review from the city for the installation of landscape.
shall mean treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features, and which is not intended for human consumption.
shall mean 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 B 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.
shall mean a landscape project that results in the substantial removal and replacement of, and/or modifications to, existing landscaping and meets the requirements under CMC § 17.82.040(A)(3) and (5).
shall mean an area of 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 areas where turf provides a playing surface.
shall mean 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. "Turf" does not include artificial turf installed in compliance with the city's design guidelines.
shall mean a device used to control the flow of water in an irrigation system.
shall mean a design element where water is artificially supplied and where open water performs an aesthetic or recreational function. Water features include artificial ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools. 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.
shall mean the time of day irrigation is allowed pursuant to any applicable city, regional, state, or local water purveyor water conservation or drought response laws, rules, policies, or regulations.
(Ord. 10-1979 § 2, 2010)
§ 17.82.030 Purpose and intent.
§ 17.82.040 Applicability of water-efficient landscape regulations.
A.
The water-efficient landscape regulations set forth in this chapter shall apply to the following landscape projects:
1.
New construction projects by public agencies or private developers of nonresidential projects which have a proposed landscaped area equal to or greater than 2,500 square feet, and are otherwise subject to:
2.
New construction projects by private developers, associations, or property managers of residential projects which have a proposed landscaped area equal to or greater than 2,500 square feet, and are otherwise subject to:
3.
Landscape rehabilitation projects by public agencies, private developers, associations, or property managers of residential or nonresidential projects which:
4.
Homeowner-installed landscape for new construction of single-family or multiple-family residential property, which have a proposed landscaped area equal to or greater than 5,000 square feet, and are otherwise subject to:
5.
Homeowner-installed landscape rehabilitation projects for single-family or multiple-family residential property, which:
B.
This chapter 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;
4.
Plant collections, as part of botanical gardens and arboretums open to the public;
5.
Cemeteries; and
C.
Notwithstanding the provisions of subsection (B) of this section, Sections 2.8 and 2.9 of the guidelines shall apply to cemeteries.
D.
A landscape design plan for projects in fire-prone areas and fuel modification zones shall comply with any applicable fire safety requirements. When conflicts between the provisions of applicable fire safety requirements and fire safety design elements exist, the fire safety requirements shall have priority.
(Ord. 10-1979 § 2, 2010)
§ 17.82.050 Implementation procedures.
A.
Prior to the issuance of any permits, 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 guidelines and shall include payment of a plan check fee as set by the city council by resolution.
B.
The landscape documentation package shall include a certification by a landscape professional appropriately licensed in the state stating that the landscape design and water use calculations have been prepared by or under the supervision of such licensed landscape professional and are certified to be in compliance with the provisions of this chapter and the guidelines.
C.
Landscape and irrigation plans shall be submitted to the city for review and approval with appropriate water use calculations as set forth in the guidelines.
D.
Water use calculations shall be consistent with calculations contained in the guidelines.
E.
Verification of compliance of the landscape installation with the approved plans shall be obtained through a certificate of completion as provided in the guidelines and, where applicable, in conjunction with a certificate of use and occupancy or permit final process.
(Ord. 10-1979 § 2, 2010)
§ 17.82.060 Landscape water use standards.
A.
For new landscape installation or rehabilitated landscape projects subject to CMC § 17.82.040(A), the estimated applied water use allowed for the landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the MAWA is calculated using an ET adjustment factor 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 guidelines.
B.
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules, regulations, and requirements, including any established watering windows, and shall be subject to the penalties and incentives for water conservation and water waste prevention as determined and implemented by the applicable local water purveyors or as mutually agreed by the local water purveyors and the city.
C.
All irrigation controllers installed on or after January 1, 2012, within the city shall be smart controllers.
(Ord. 10-1979 § 2, 2010)
§ 17.82.070 Enforcement and administration.
A.
The city manager is authorized to administer and enforce the provisions of this chapter and the guidelines. Any city-authorized personnel or enforcement officers may exercise any enforcement powers as set forth in the municipal code.
B.
The city may delegate to, or enter into a contract with, a local agency or other person to implement and administer any of the provisions of this chapter on behalf of the city.
(Ord. 10-1979 § 2, 2010)
§ 17.82.080 Guidelines for implementation of the water-efficient landscape regulations.
The city shall adopt guidelines for the implementation of this chapter. Such guidelines may be amended from time to time by resolution of the city council. Notwithstanding the foregoing, the city manager may establish any forms or other related documents to administer compliance with the guidelines as he or she deems appropriate and in furtherance of this chapter.
(Ord. 10-1979 § 2, 2010)
§ 17.82.090 Violation.
This chapter may be enforced by the city through pursuing any and all remedies provided in this code, at the city's sole discretion, including but not limited to the following:
B.
The installation of a flow restrictor device to prevent waste of water, pursuant to CMC § 13.06.100(B)(5); or
C.
The disconnection of a customer's water service for willful violations of the mandatory water efficiency regulations contained within this chapter.
(Ord. 10-1979 § 2, 2010)
§ 17.82.100 Conflicting provisions.
If provisions of this chapter are in conflict with each other, other provisions of the municipal code, the city's general plan, any city adopted specific plan or master plan, any resolution or ordinance of the city, or any state law or regulation, the more restrictive provisions shall apply.
(Ord. 10-1979 § 2, 2010)
§ 17.82.110 Adoption of guidelines for implementation.
The city council hereby approves and adopts the Guidelines for Implementation of the City of Covina Water Efficient Landscape Ordinance (the "guidelines"), attached as Exhibit "A" to the ordinance codified in this chapter and by this reference incorporated herein, for implementation of this chapter. The guidelines describe the procedures, calculations, design requirements, and verification process for landscape projects subject to this chapter. Any amendments, modifications or any other type of change to guidelines may be adopted and effectuated by resolution of the city council. Notwithstanding the foregoing, the city manager is hereby authorized to establish any forms or other related documents to administer compliance with the guidelines as he or she deems appropriate and in furtherance of this chapter.
(Ord. 10-1979 § 3, 2010)