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Dana Point City Zoning Code

CHAPTER 9

55 WATER EFFICIENT LANDSCAPE STANDARDS AND REQUIREMENTS

§ 9.55.010 Intent and Purpose.

This Chapter promotes and encourages high quality landscape improvements in Dana Point that recognize and respect the limited availability of water in the State of California. These provisions are intended to effect landscapes that can be maintained with low water use serviced by irrigation systems which will not overuse or waste the available water supply. This Chapter requires the consideration of water conservation measures through the appropriate design, installation and maintenance of landscape and irrigation systems in accordance with Governor Brown's April 1, 2015 Drought Executive Order (B-19-25).
The purpose of the City's Water Efficient Landscape Ordinance is to establish an alternative model acceptable under Executive Order No. 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:
(1) 
Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(2) 
Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
(3) 
Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;
(4) 
Establish provisions for water management practices and water waste prevention for existing landscapes;
(5) 
Use water efficiently without waste by setting a Maximum Applied Water Allowance (MAWA) as an upper limit for water use and reduce water use to the lowest practical amount; and
(6) 
Encourage the use of economic incentives that promote the efficient use of water, such as a budget-based tiered-rate structure, providing rebate incentives and offering educational programs.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.020 Applicability.

(a) 
Beginning February 1, 2016, and consistent with Executive Order No. B-29-15 all planting, irrigation, and landscape-related improvements shall comply with this Chapter and a landscape permit shall be required for the following types of landscape projects:
(1) 
New landscape projects with an aggregate landscape area equal to or greater than 500 square feet, requiring a building or landscape permit, plan check or a discretionary permit;
(2) 
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 a discretionary permit;
(3) 
New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix A of the Submittal Requirements and Guidelines;
(4) 
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 requirement (Estimated Total Water Use - ETWU) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix A of the Submittal Requirements and Guidelines;
(5) 
At cemeteries, Sections 2.9, 2.10, and Appendix C of the Submittal Requirements and Guidelines shall apply to new landscape installations and Sections 2.9, 2.10, and 3 of the Submittal Requirements and Guidelines shall apply to landscape rehabilitation projects.
(b) 
Section 9.55.050(b) of the Landscape Water Use Standards of this Chapter shall apply to:
(1) 
All landscape areas, whether installed prior to or after January 1, 2010; and
(2) 
All landscape areas installed after February 1, 2016 to which Section 9.55.020(a) is applicable.
(c) 
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; or
(4) 
Plant collections, as part of botanical gardens and arboretums open to the public.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.030 General Provisions.

(a) 
Landscape design and construction shall emphasize water conservation through the appropriate use and groupings of plant materials that are well adapted to particular sites and to local climatic, geological, or topographical conditions.
(b) 
All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable City ordinances, codes, regulations, adopted policies, and the payment of all applicable fees.
(c) 
All landscape areas shall be maintained in an orderly, attractive and healthy condition. This shall include proper pruning, mowing of turf areas, weeding, removal of litter, fertilization, replacement of plants when necessary and the regular application of appropriate quantities of water to all landscape areas.
(d) 
All irrigation systems shall be maintained in proper operating condition. Water line breaks, head/emitter ruptures, overspray or runoff conditions and other irrigation system failures shall be repaired immediately.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.040 Procedures.

The submittal, review, revision and approval of all required landscape and irrigation plans shall be in compliance with the following provisions:
(a) 
Prior to the issuance of grading permits or building permits, whichever occurs first, a Landscape Documentation Package shall be submitted to the City for review and approval and a landscape permit shall be issued for 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 Submittal Requirements and Guidelines.
(b) 
The Landscape Documentation Package shall include a certification by a professional appropriately licensed to prepare landscape and irrigation plans 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 Chapter and the Submittal Requirements and Guidelines.
(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 calculations contained in the Submittal Requirements and Guidelines and shall be provided to the local water purveyors, as appropriate, under procedures determined by the City.
(2) 
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 Use and Occupancy or Permit Final process, as provided in the Submittal Requirements and Guidelines. The Certification of Completion shall be prepared by the record professional that prepared the landscape design certification required in Section 9.55.040(a) and in accordance with the provisions of Submittal Requirements and Guidelines.
(c) 
Conceptual landscape and irrigation plans shall be required for all projects subject to this Chapter pursuant to Section 9.55.020, which also require discretionary approval. Conceptual landscape and irrigation plans shall be included as part of the application package submitted to the Community Development Department, and required for discretionary permits, and shall incorporate the principles of this Chapter. Final landscape and irrigation plans shall be required for all projects subject to this Chapter pursuant to Section 9.55.020.
(d) 
All required landscape and irrigation plans shall be prepared in accordance with the Submittal Requirements and Guidelines available from the Community Development Department.
(e) 
All final landscape and irrigation plans shall be prepared by a professional appropriately licensed in the State of California.
(f) 
Conceptual landscape and irrigation plans shall be acted upon in conjunction with the specific discretionary approval application.
(g) 
Final landscape and irrigation plans shall be submitted for review, and approved, by the Community Development Department prior to the issuance of grading permits or building permits, whichever occurs first.
(h) 
Any modification to an approved final landscape or irrigation plan must first be approved by the Director of Community Development prior to the installation of the subject landscaping or irrigation.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.050 Landscape Water Use and Design Standards.

The design and installation of all proposed landscape improvements subject to this Chapter shall be in compliance with the following general provisions:
(a) 
For applicable landscape installation or rehabilitation projects subject to Section 9.55.020(a) of this Water Efficient Landscape Ordinance, the ETWU allowed for the landscape area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for special landscape areas where the MAWA is calculated using an ET adjustment factor of 1.0; 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 Submittal Requirements and Guidelines.
(b) 
Irrigation of all landscape areas shall be conducted in a manner conforming to the Submittal Requirements and Guidelines, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyors or as mutually agreed by local water purveyors and the City.
(c) 
Landscape design shall illustrate a concern for aesthetic elements such as balance, scale, texture, form, and unity.
(d) 
Landscape design shall address the functional aspects of landscaping such as grading, drainage, erosion control, minimal runoff, erosion prevention, wind barriers, provisions for shade and reduction of glare.
(e) 
Landscape design shall provide for the planting of all unpaved areas with an effective combination of trees, ground cover, turf, shrubbery, and/or approved dry landscape materials including, but not limited to, accessory decorative outdoor landscape elements such as ponds, fountains, artificial turf, and paved or decorated surfaces, and sculptural elements.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.060 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 this Chapter on behalf of the City.
(Added by Ord. 93-16, 11/23/93; amended by Ord. 09-08, 12/14/09; Ord. 16-02, 2/2/16)

§ 9.55.070 Definitions.

The following definitions are applicable to this Chapter:
"Aggregate landscape area"
means areas related to production home neighborhoods, common interest developments, or other situations where multiple parcels are undergoing landscape development as one project, but may eventually be individually owned or maintained.
"Applied water"
means the portion of water supplied by the irrigation system to the landscape.
"Budget-based tiered-rate structure"
means tiered or block rates for irrigation accounts charged by the retail water agency in which the block definition for each customer is derived from lot size or irrigated area and the evapotranspiration requirements of landscaping.
"Ecological restoration project"
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
"Estimated Total Water Use (ETWU)"
means the average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the Submittal Requirements and 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.
"ET adjustment factor" or "ETAF"
is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Submittal Requirements and 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 landscape 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 Submittal Requirements and Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
"Hardscapes"
means any durable material or feature (pervious and non-pervious) installed in or around a landscape area, such as pavements or walls. Pools and other water features are considered part of the landscape area and not considered hardscapes for purposes of this Chapter.
"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 irrigation efficiency for purposes of this Chapter are 0.75 for overhead spray devices and 0.81 for drip systems.
"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 non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
"Landscape contractor"
means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
"Landscape documentation package"
means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Submittal Requirements and Guidelines.
"Landscape permit"
means a permit issued by the Community Development Department for the purposes of meeting the landscape area thresholds and design requirements under Section 9.55.020 of this Chapter and the corresponding Submittal Requirements and Guidelines.
"Landscape project"
means total area of landscape in a project, as provided in the definition of "landscape area," meeting the requirements under Section 9.55.020 of this Chapter.
"Local agency"
means a city or county, including a charter city or charter county, that is authorized to implement, administer, and/or enforce any of the provisions of this Chapter. The local agency may be responsible for the enforcement or delegation of enforcement of this Chapter including, but not limited to, plan check, issuance of permits, and inspection of a landscape project.
"Local water purveyor"
means any entity, including a public agency, district, city, county, or private water company that provides retail water service.
"Maximum Applied Water Allowance" or "MAWA"
means the upper limit of annual applied water for the established landscape area as specified in Section 2.2 of the Submittal Requirements and Guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]
"Mined-land reclamation projects"
means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
"New construction"
means, for the purposes of this Chapter, a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.
"Non-pervious"
means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
"Pervious"
means any surface or material that allows the passage of water through the material and into the underlying soil.
"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 Chapter, the plant factor range for very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0.1 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 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).
"Recycled water" or "reclaimed water"
means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.
"Reference evapotranspiration" or "ETo"
means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in Appendix D of the Submittal Requirements and Guidelines, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.
"Rehabilitated landscape"
means any re-landscaping project that meets the applicability criteria of Section 9.55.020(a), where the modified landscape area is greater than 2,500 square feet.
"Smart irrigation controller"
means an automatic irrigation controller utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory and shall be required for irrigation scheduling in all irrigation systems, recommending U.S. EPA WaterSense labeled devices as applicable.
"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.
"Submittal Requirements and Guidelines"
refers to the Submittal Requirements and Guidelines for implementation of this Chapter, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance.
"Turf"
means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
"Valve"
means a device used to control the flow of water in an irrigation system.
"Water feature"
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the 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.
(Added by Ord. 09-08, 12/14/09; amended by Ord. 16-02, 2/2/16)