La Verne City Zoning Code
CHAPTER 18
118 WATER EFFICIENT LANDSCAPES
§ 18.118.010 Purpose.
The purpose of this chapter is to establish water efficient landscape regulations that are at least as effective in conserving water as the State Model Water Efficient Landscape Ordinance, in the context of conditions in the city, in order to ensure that landscapes are planned, designed, installed, maintained, and managed in a manner that uses water efficiently, encourages water conservation, and prevents water waste. The provisions of this chapter shall be deemed to be controlling over the subject matter herein in the event of any conflict between this chapter and any other provision in the municipal code.
(Ord. 1065 § 2, 2016)
§ 18.118.020 Definitions.
For the purposes of this chapter and the Guidelines for Implementation of this chapter, the following terms are defined:
means the city of La Verne.
means the city manager of the city of La Verne or designee.
means the person submitting a landscape documentation package. Applicants can be the property owner or designee.
means the portion of water supplied by the irrigation system to the landscape.
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
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 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.
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. Residential areas shall not have an ETAF that exceeds 0.55 and commercial areas must not exceed 0.45. The ETAF for a special landscaped area shall not exceed 1.0.
refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as approved by the city, which describes procedures, calculations, and requirements for landscape projects subject to this chapter.
means 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 non-irrigated.
means the measurement of the amount of water beneficially used divided by the amount of water applied to the landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency, for purposes of this chapter, are defined in Section 3.3(N) of the Guidelines.
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).
means the documents required to be provided to the city for review and approval of landscape projects subject to this chapter, as described in the Guidelines.
means a licensed landscape architect, licensed landscape contractor, 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 and 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.
means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 18.118.030 of this chapter.
means any re-landscaping project that meets the applicability criteria of Section 18.118.030(A) of this chapter, where the modified landscape area is greater than two thousand five hundred square feet or where the cumulative modified area is greater than two thousand five hundred square feet if the modifications are planned to occur incrementally within one year.
means a city or county, including a charter city or charter county, or local water purveyor 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, design review, plan check, issuance of permits, and inspection of a landscape project.
means any entity, including a city, county, public agency, or private water company that provides retail water service. Local water purveyor shall also mean any entity that provides wholesale water service.
means the upper limit of annual applied water for the landscaped area as specified in Section 3.0 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 MAWA.
means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
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.
means an authorizing document issued by a local agency for new construction or rehabilitated landscape.
means any individual, firm, joint venture, joint stock company, partnership, public or private association, company, corporation, business trust, organization, public or private agency, government agency or institution, school district, college, university, any other user of water provided by the local water purveyor, or the manager, agent, officer, or employee thereof, or any other entity which is recognized by law as the subject of rights or duties.
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 Department of Water Resources 2000 publication "Water Use Classification of Landscape Species."
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 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.
means a groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
means a device used to control the flow of water in an irrigation system.
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 stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.
(Ord. 1065 § 2, 2016)
§ 18.118.030 Applicability.
A.
After February 1, 2016, and consistent with Executive Order No. B-29-15, this chapter applies to the following landscape projects:
1.
New landscape projects with an aggregate landscape area of five hundred square feet to two thousand five hundred square feet, requiring building or landscape permit, plan check or design review shall comply with the prescriptive measures contained in Appendix F of the Guidelines. Any new landscape projects above two thousand five hundred square feet are subject to all requirements of this ordinance and associated Guidelines.
2.
Rehabilitation landscape projects with an aggregate landscaped area equal to or greater than two thousand five hundred square feet, requiring a building or landscape permit, plan check or design review.
3.
New or rehabilitation projects using treated or untreated graywater or rainwater capture on site that has less than two thousand five hundred 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 F Section (5) of the Guidelines.
B.
Section 18.118.070(B) of this chapter regarding water waste applies to all landscaped areas installed prior to or after February 1, 2016.
C.
Section 18.118.070(C) of this chapter regarding water efficiency programs applies to all existing landscapes installed before February 1, 2016, that are greater than one acre in size and are served by a dedicated landscape water meter.
(Ord. 1065 § 2, 2016)
§ 18.118.040 Exemptions.
A.
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.
B.
The requirements of this chapter may be partially or wholly waived, at the discretion of the city manager or designee, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyors' regulations or programs.
(Ord. 1065 § 2, 2016)
§ 18.118.050 Guidelines for Implementation-Designation.
The city council shall designate, by resolution, the Guidelines for Implementation of this chapter which contains process oriented elements, equations, and technology related components. Any alteration to the associated Guidelines shall be designated only upon the city council finding that such alterations continue to ensure compliance with state regulations as well as this chapter.
(Ord. 1065 § 2, 2016)
§ 18.118.060 Implementation procedures.
A.
A landscape documentation package is required to be submitted to the city for review and approval prior to the issuance of permits and prior to the start of construction. Any landscape documentation package submitted to the city must comply with provisions of this chapter and the associated Guidelines.
B.
The landscape documentation package must include a certification by a landscape professional stating that the landscape design plan and water calculations have been prepared by or under the supervision of the landscape professional and are certified to be in compliance with this Water Efficient Landscape Ordinance and Guidelines.
1.
Landscape plans, irrigation plans, soil management report, and grading design must be submitted to the city for review and approval along with appropriate water use calculations. Water use calculations must be consistent with calculations contained in the Guidelines.
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 use and occupancy or permit final process, as provided in the Guidelines.
(Ord. 1065 § 2, 2016)
§ 18.118.070 Landscape water use standards.
A.
For applicable new landscape or landscape rehabilitation projects subject to Section 18.118.030(A) of this chapter, the estimated applied water use allowed for the landscaped area may not exceed the MAWA calculated using an ET adjustment factor not exceeding 0.55 for residential and 0.45 for nonresidential, except for the portion of the MAWA applicable to any special landscaped areas within the landscape project, which may be calculated using an ETAF of 1.0. Where the design of the landscaped area can be otherwise shown to be equivalently water efficient, the applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and review and approval of the city.
B.
Irrigation of all landscaped areas must be conducted in a manner conforming to the rules and requirements, and is subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor(s) or as mutually agreed by local water purveyor(s) and the city.
C.
For all existing landscapes installed before February 1, 2016, the local water purveyor is implementing budget based tiered-rate billing and/or enforcement of water waste prohibitions for all existing metered landscaped areas throughout its service area, which includes the city of La Verne in its entirety.
(Ord. 1065 § 2, 2016)
§ 18.118.080 Delegation.
The city may delegate to, or enter into an agreement with, one or more local agencies to implement, administer, and/or enforce any of the provisions of this chapter on behalf of the city.
(Ord. 1065 § 2, 2016)
§ 18.118.090 Penalties.
Any person violating any provision of this chapter shall be responsible for a municipal civil infraction and subject to the city's enforcement policy as set forth in the provision of Chapter 1.24 of the La Verne Municipal Code including the enforcement actions of any regulatory agencies.
(Ord. 1065 § 2, 2016)