La Habra Heights City Zoning Code
CHAPTER 7
12.5 WATER EFFICIENT LANDSCAPING
§ 7.12.5.10 Purpose of This Chapter.
The purpose of this Chapter is:
A.
To establish water efficient landscape requirements that are at least as effective in conserving water as the model local water efficient landscape ordinance adopted by the California Department of Water Resources (DWR) pursuant to Government Code Section 65595;
B.
To assure beneficial, efficient, and responsible use of water resources for all water users within the City of La Habra Heights;
C.
To recognize that landscapes enhance the aesthetic appearance of developments and communities;
D.
To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;
E.
To preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible;
F.
To promote and encourage the use of low water use plants;
G.
To minimize the use of cool season turf;
H.
To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications;
I.
To promote public education about water conservation and efficient water management; and
J.
To reduce or eliminate water waste.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.20 Definitions.
"Amendments"
means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.
"Anti-drain check valve"
means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.
"Applicant"
means the individual or entity submitting a landscape documentation package required under Section 7.12.5.70 to request a permit, plan check, or design review from the City Engineer. Applicant can be the property owner or an agent of the property owner.
"Application rate"
means the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour.
"Applied water,"
as used in estimated annual applied water use and maximum annual applied water allowance, means the portion of water supplied by the irrigation system to the landscape.
"Botanical gardens and arboretums"
means gardens open to the public in which a variety of plants are grown for scientific and educational purposes.
"Certified landscape irrigation auditor"
means a person certified to perform landscape irrigation audits by an accredited educational institution or a professional trade organization.
"Control valve"
means a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.
"Controller"
means an automatic timing device used to remotely control valves or heads according to an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).
"Developer"
means a property owner or an agent of the property owner responsible for the development of the property. Such property does not include a single-family home.
"Discretionary permit"
means any permit requiring a decision-making body to exercise judgment prior to its approval, conditional approval, or disapproval.
"Ecological restoration project"
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
"Estimated annual applied water use" or "EAWU"
means the portion of the estimated total water use that is derived from applied water. The EAWU is calculated according to the formula set out in the landscape documentation package. The estimated applied water use shall not exceed the maximum applied water allowance.
"Evapotranspiration rate"
means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
"Hydrozone"
means a section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated.
"Infiltration rate"
means the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).
"Invasive species"
means nonindigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically.
"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 irrigation efficiency for purposes of this Chapter is 0.71.
"Irrigation system"
means the network of piping, valves, and irrigation heads.
"Landscape architect"
means a person licensed to practice landscape architecture in this State pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.
"Landscape concept plan"
means the portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, and the plant palette.
"Landscape construction drawings"
means the portion of a landscape documentation package that includes the irrigation plan, plant and soils plan, and water management plan.
"Landscape documentation package" or "documentation package"
means the complete packet of documents required under Sections 7.12.5.40 through 7.12.5.100 to be submitted to the City Engineer to apply for a permit for landscaping projects under this Chapter. Documentation packages include the landscape concept plan and landscape construction drawings.
"Landscape water audit"
means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. Audits include, but are not limited to, inspection, system tune-up, system test with distribution uniformity and verification of minimal overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
"Low-head drainage"
means drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.
"Mulch"
means any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.
"Operating pressure"
means the designed pressure of the sprinkler in an irrigation system, usually indicated at the base of a sprinkler.
"Overspray"
means the irrigation water which is delivered beyond the target area onto pavements, walks, structures, or other nonlandscaped areas.
"Planting plan"
means a plan submitted with the construction drawings indicating a list and quantity of plants.
"Potable water"
means water intended for human consumption that is treated to legal standards for human consumption.
"Pressure regulator"
means a device used in sprinkler systems for radius and high pressure control.
"Project net landscape area," "landscaped area," "landscape project area," or "landscape"
means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. 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).
"Recycled water"
means water that, as a result of treatment of waste water, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource.
"Reference evapotranspiration" or "ETo"
means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per month 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.
"Rehabilitated landscape"
means any re-landscaping project that requires a permit, plan check, or design review, and the modified landscape area is greater than two thousand five hundred (2,500) square feet and is at least fifty (50) percent of the total landscaped area.
"Runoff"
means water that is not absorbed by the soil or landscape to which it is applied and flows from the area.
"SMART irrigation controller"
means a weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.
"Soil management plan"
means the plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.
"Soil test"
means a test done by a soil test lab that indicates at minimum: soil texture, water holding capacity, pH, and soluble salts.
"Soil type"
means the classification of soil based on the percentage of its composition of sand, silt, and clay.
"Special landscape area"
means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, and golf courses, where turf provides a playing surface.
"Sprinkler head"
means a device which delivers water through a nozzle.
"Static water pressure"
means the pipeline or municipal water supply pressure when water is not flowing.
"Turf"
means a surface layer of earth containing mowed grass or grass-like sedge with its roots, a groundcover surface of mowed grass, or grass-like sedge.
Common types of cool season turf are annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue. |
Common types of warm season turf are Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, Carex pansa, and buffalo grass. |
"Water efficient landscape worksheet"
means a worksheet which calculates a site’s water budget.
"Water feature"
means any water applied to the landscape for nonirrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features.
"Water management plan"
means a plan submitted with the construction drawings as part of the landscape documentation package.
"Water schedule"
means a schedule of irrigation times throughout a given year.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.30 Applicability of Water Efficient Landscape Requirements.
A.
After January 1, 2010, Sections 7.12.5.40 to 7.12.5.100 shall apply to all of the following landscape projects:
1.
New construction and rehabilitation of landscapes for public agency projects and private developer projects with a total project net landscape area equal to or greater than two thousand five hundred (2,500) square feet. Such projects will require a landscape permit.
2.
New construction and rehabilitation of landscapes for residential projects by developers with a total project net landscape area equal to or greater than two thousand five hundred (2,500) square feet. Such projects will require a landscape permit.
3.
New landscapes for residential projects by individual homeowners with a total project net landscape area equal to or greater than five thousand (5,000) square feet. Such projects will require a landscape permit.
4.
Existing landscapes equal to or greater than one (1) acre, with a dedicated or mixed use water meter. Such landscapes are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation package.
5.
New and rehabilitated cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall require the preparation of a water efficient landscape worksheet, an irrigation maintenance schedule, and an irrigation audit, survey and water use analysis. Existing cemeteries are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the Landscape Documentation Package.
6.
Any project requiring a building or planning permit, plan check, or landscape design review from the City constructing a new project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet shall comply with the requirements of Sections 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscaping Ordinance (23 CCR, § 492.6) including sections related to use of compost and mulch as delineated therein.
B.
Sections 7.12.5.40 through 7.12.5.100 do 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.
Botanical gardens and arboretums open to the public.
(Ord. 2010-01 § 1 (Exh. A); Ord. 2022-02 § 6)
§ 7.12.5.40 Landscape Design and Plant Requirements.
A landscape documentation package prepared by a licensed landscape architect shall include the following landscape design criteria:
A.
Plant Selection and Grouping.
1.
Any plant may be used in the landscape, providing the estimated annual applied water use (EAWU) does not exceed the maximum annual applied water allowance (MAWA) and that the plants meet the specifications set forth in subsections (A)(2), (3), and (4) of this section.
2.
Plants having similar water needs shall be grouped together in distinct hydrozones.
3.
Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged.
4.
Minimize the use of turf. Turf shall be used wisely in response to functional needs and shall not be planted if the EAWU exceeds the MAWA. Turf shall not be used on slopes greater than twenty-five (25) percent, as calculated by rise divided by run, if nonpermeable pavements are installed adjacent to the toe of the slope. Where turf is planted, the use of warm season turf is strongly encouraged.
5.
Fire prevention needs shall be addressed in fire-prone areas. Design should be consistent with regulations from the Fire Department and incorporate the defensible space as required by Public Resource Code Section 4291(a).
6.
The use of invasive and/or noxious plant species is strongly discouraged. Such plant species should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm in sensitive areas.
B.
Water Features.
1.
Recirculating water systems shall be used for water features.
2.
Where available, recycled water shall be used as the source for decorative water features. Recycled water is not to be used for swimming pools and spas.
3.
Covers for swimming pools and spas are highly recommended.
4.
The surface area of a water feature shall be included in the MAWA and the EAWU calculations. For the purposes of the water use calculation sheet, water features are deemed to have the highest plant category, which is equivalent to an average plant factor of 0.8.
C.
Mulch.
1.
A minimum two (2) 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.
2.
Stabilizing mulch shall be planted on slopes.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.50 Irrigation Requirements.
A.
All irrigation systems shall be designed to prevent runoff, overspray, low-head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve the maximum possible overall efficiency.
B.
A dedicated landscape water meter shall be installed for each landscape project greater than five thousand (5,000) square feet, except for single-family residences. Dedicated landscape water meters are also highly recommended on landscape areas less than five thousand (5,000) square feet to facilitate water management.
C.
All irrigation systems shall include:
1.
A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements (i.e., turf separate from shrub and groundcover, full sun exposure areas separate from shade areas, top of slope separate from toe of slope);
2.
Anti-drain check valves to prevent low-head drainage in sprinkler heads;
3.
A pressure regulator to prevent the static water pressure from exceeding the maximum recommended operating pressure of the irrigation system; and
4.
Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation during unfavorable weather conditions. Irrigation should be avoided during wind, freeze, or rain.
D.
Overhead irrigation shall be scheduled between eight p.m. and ten a.m. unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance as provided by Section 7.12.5.90.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.60 Soil and Grading Requirements.
A.
To ensure the selection of appropriate plants suitable for the site, soil testing shall be performed prior to the installation of landscaping and reported in a soil management plan. The soil management plan shall include:
1.
A determination of soil texture, indicating the available water holding capacity;
2.
An approximate soil infiltration rate, either measured or derived from soil texture/infiltration rate tables, indicating a range of infiltration rates where appropriate;
3.
The measure of pH, total soluble salts, and sodium; and
4.
Any recommended amendments to the soil.
B.
Grading on site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy the City ordinances relating to grading and be submitted as part of the landscape documentation package.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.70 Implementation.
Applicants subject to the requirements of Sections 7.12.5.40 to 7.12.5.100 of this Chapter shall submit a complete landscape documentation package to the City Engineer. The application may be submitted in two parts: (A) a landscape concept plan, which is submitted with a discretionary permit application or when otherwise required by the City Engineer, and (B) landscape construction drawings, submitted as a ministerial application. All applications and plans shall conform to the plant, irrigation, and water budget formula requirements set forth in this Chapter and the landscape documentation package.
A.
Landscape concept plan shall include:
1.
Design statement;
2.
Irrigation notes;
3.
Planting notes;
4.
Conceptual plant palette identifying proposed hydrozones; and
5.
The MAWA calculation for the landscape project area.
B.
Landscape Construction Drawings.
1.
Landscape construction drawings shall include:
a.
An irrigation plan;
b.
A planting and soils plan; and
c.
A water management plan with detailed notes and legends necessary for a complete landscape plan review.
2.
The landscape construction drawings shall be consistent with the landscape concept plan. If the City Engineer determines that the landscape construction drawings significantly differ from the landscape concept plan, the applicant must resubmit an overall water budget calculation in accordance with the landscape documentation package.
C.
Irrigation plan shall include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply.
D.
Planting plan shall include:
1.
A description of any existing plant material to be retained or removed;
2.
A plan showing the planting areas and hydrozones, plant spacing, plant location and size, natural features, water features and all paved areas;
3.
A legend listing the common and botanical plant names and total quantities by container size and species;
4.
A description of the seed mixes with application rates and relevant germination specifications;
5.
Soil management plan, including the soil test results and recommendations; and
6.
A grading plan, submitted for reference.
E.
Water management plan shall include:
1.
An introduction and statement of site conditions or a landscape concept plan;
2.
The party(ies) responsible for implementation of the water management plan;
3.
The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan, including calculations demonstrating an overall water budget that requires irrigation of no more than the 0.7 of the ETo adjustment factor;
4.
A description of the water delivery systems, including the type of irrigation system to be used, water conservation methods to be applied, and precipitation rates for each hydrozone; and
5.
Seasonal irrigation water schedules or procedures for programming of proposed SMART controllers.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.80 Compliance and Enforcement.
The City Engineer or designee shall have the duty and authority to administer and enforce this Chapter.
A.
Prior to the issuance of a permit for a project subject to Sections 7.12.5.40 through 7.12.5.100, a complete landscape documentation package prepared by an independent licensed landscape architect shall be submitted to the City Engineer for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of Sections 7.12.5.40 through 7.12.5.100. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review.
The decision of the City Engineer to grant or deny a permit for a landscape project will be final unless appealed according to the appeal procedure set out in Chapter 8.6.
B.
Prior to issuance of a certificate of occupancy or final inspection for a project subject to Sections 7.12.5.40 through 7.12.5.100, a certificate of completion shall be submitted to the City Engineer, certifying that the landscaping has been completed in accordance with the approved planting and irrigation plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate that:
1.
The landscaping has been installed in conformance with the approved planting and irrigation plans;
2.
The SMART irrigation controller has been set according to the irrigation schedule;
3.
The irrigation system has been adjusted to maximize irrigation efficiency and eliminate overspray and runoff; and
4.
A copy of the irrigation schedule has been given to the property owner.
C.
Upon notice of the applicant, the City Engineer shall have the right to enter the project site to conduct inspections for the purpose of enforcing this Chapter before, during, and immediately after installation of the landscaping.
D.
A copy of the completed landscape documentation package shall be given to the the City Engineer. If the property is found to be exceeding its established MAWA, the property shall be subject to a landscape water audit by the City Engineer.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.90 Irrigation Audit and Maintenance.
A.
When submitting the certificate of completion to the City Engineer, the project applicant seeking a permit for new construction or rehabilitation of a landscape, as described in Section 7.12.5.40, shall submit a report of an irrigation audit conducted by a certified landscape irrigation auditor. The irrigation audit may include, but is not limited to, inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff, and preparation of an irrigation schedule.
B.
A landscape and irrigation maintenance schedule shall also be submitted with the certificate of completion. The landscape and irrigation maintenance schedule shall include, but not be limited to, routine inspection, adjustment and repair of the irrigation system and its components, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning and weeding in all landscape areas, and obstruction to emission devices.
C.
Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.100 Recycled Water.
A.
The installation of recycled water irrigation systems (i.e., dual distribution systems) is required, unless a written exemption has been granted by the City Engineer stating that recycled water meeting all public health codes and standards will not be available in the foreseeable future.
B.
The recycled water irrigation systems shall be designed and operated in accordance with all City, County, and State codes.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.110 Stormwater Management.
A.
Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Project applicants are highly encouraged to implement stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and effectively retain and reuse stormwater in landscaping.
B.
For effective stormwater management, project applicants shall refer to the Department of Public Works or the Regional Water Quality Control Board for information on other stormwater ordinances and stormwater management plans.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.120 Water Waste Prevention.
A.
Runoff shall not leave the target landscape due to low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures.
B.
Failure to comply with subsection A of this section can result in the assessment of civil or administrative fines up to one thousand ($1,000.00) dollars. Willful or repeat offenses of subsection A of this section can result in revocation of permit provided under this Chapter.
(Ord. 2010-01 § 1 (Exh. A))
§ 7.12.5.130 Public Education.
A.
Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management, and maintenance that save water are encouraged in the community.
The City Engineer shall provide information to owners of new, single-family residential homes regarding the design, installation, management and maintenance of water efficient landscapes.
B.
Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this Chapter.
1.
Signs shall be used to identify the model as an example of a water efficient landscape, featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient landscape theme.
2.
Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
(Ord. 2010-01 § 1 (Exh. A))
