Chapter 10.19 — LANDSCAPE WATER EFFICIENCY

The purpose of this Chapter is to establish an alternative ordinance acceptable under Executive Order B-29-15 as being at least as effective as the State Model Water Efficient Landscape Ordinance in conserving water within the City. This Chapter has the following additional purposes:

.010 Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

.020 Promote the values and benefits of landscapes while recognizing the need to invest in water and other resources as efficiently as possible;

.030 Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in New Construction and Rehabilitated Landscape projects;

.040 Establish provisions for water management practices and water waste prevention for existing landscapes;

.050 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; and

.060 Encourage the use of economic incentives that promote the efficient use of water, such as implementing conservation pricing. (Ord. 5349 § 1 (part); January 12, 1993: Ord. 6160 § 1 (part); December 8, 2009: Ord. 6355 § 3 (part); January 26, 2016.)

.010 This Chapter and the Guidelines shall apply to the following Landscape Projects:

.01 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 design review;

.02 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 design review;

.03 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 Chapter and the Guidelines or conform to the prescriptive measures contained in Appendix A of the Guidelines; and

.04 New or Rehabilitated Landscape 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) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to the irrigation system requirements of Appendix A of the Guidelines.

.020 Section 10.19.050 of this Chapter shall apply to all Landscape Areas, whether installed prior to or after January 1, 2010.

.030 This Chapter does not apply to:

.01 Registered local, state, or federal historical sites;

.02 Ecological Restoration Projects that do not require a permanent irrigation system;

.03 Mined-land Reclamation Projects that do not require a permanent irrigation system; or

.04 Plant collections, as part of botanical gardens and arboretums open to the public.

.040 As for cemetery Landscape Projects, Sections 2.8, 2.9, and Appendix C of the Guidelines shall apply to new cemetery landscape installations and Sections 2.8, 2.9, and 3 of the Guidelines shall apply to cemetery landscape rehabilitation projects. (Ord. 5349 § 1 (part); January 12, 1993: Ord. 6160 § 1 (part); December 8, 2009: Ord. 6355 § 3 (part); January 26, 2016.)

Unless specifically defined in this section, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this Chapter the most reasonable application.

.010 “Aggregate Landscape Area” 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.

.020 “City” means City of Anaheim.

.030 “Ecological Restoration Project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

.040 “Estimated Applied Water Use” 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.

.050 “Estimated Total Water Use” shall be calculated in accordance with the Guidelines.

.060 “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 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. These factors are set forth in the Guidelines. The ETAF for a Special Landscape Area shall be as set forth in the Guidelines.

.070 “Guidelines” refers to the Guidelines for Implementation of the City of Anaheim Landscape Water Efficiency Ordinance which describes procedures, calculations, and requirements for Landscape Projects subject to this Chapter.

.080 “Hardscapes” means any durable material or feature (Pervious and Non-pervious) 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 Hardscapes for purposes of this Chapter.

.090 “Irrigation Efficiency” means the measurement of the amount of water beneficially used divided by the amount of water applied as set forth in the Guidelines. Irrigation Efficiency is derived from measurements and estimates of irrigation system characteristics and management practices.

.100 “Landscaped 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 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).

.110 “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 Guidelines.

.120 “Landscape Project” means total area of landscape in a project, as provided in the definition of “Landscape Area,” meeting the requirements under Subsection .10 of Section 10.19.020 of this Chapter.

.130 “Maximum Applied Water Allowance” or “MAWA” means the upper limit of annual applied water for the established Landscaped Area as set forth in the Guidelines.

.140 “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.

.150 “New Construction” means a new building with a landscape or other new landscape such as a park, playground, or greenbelt without an associated building.

.160 “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.

.170 “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

.180 “Permit” means an authorizing document issued by City or local agencies with jurisdiction for New Construction or Rehabilitated Landscape.

.190 “Plant Factor” or “Plant Water Use Factor” is a factor, when multiplied by ETo, that estimates the amount of water

needed by plants as further set forth in the Guidelines.

.200 “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.

.210 “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 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.

.220 “Rehabilitated Landscape” means any re-landscaping project that meets the applicable criteria of Subsection .010 of Section 10.19.020 of this Chapter, where the modified Landscape Area is greater than 2,500 square feet.

.230 “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.

.240 “Turf” means a ground cover surface of mowed grass.

.250 “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 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. (Ord. 5349 § 1 (part); January 12, 1993: Ord. 5855 § 18; April 29, 2003: Ord. 6160 § 1 (part); December 8, 2009: Ord. 6355 § 3 (part); January 26, 2016.)

.010 Prior to installation, 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.

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 the licensed professional and are certified to be in compliance with the provisions of this Chapter and the Guidelines. The following requirements shall also apply:

.01 Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations.

.02 Water use calculations shall be consistent with calculations contained in the Guidelines and shall be provided to the City, as appropriate, under procedures determined by the City.

.03 Verification of compliance of the landscape installation with the approved plans shall be obtained through a completed prescriptive compliance form and/or a Landscape Installation Certificate of Completion as provided in the Guidelines. (Ord. 5349 § 1 (part); January 12, 1993: Ord. 6160 § 1 (part); December 8, 2009: Ord. 6355 § 3 (part); January 26, 2016.)

.010 For applicable landscape installation or Rehabilitation Landscape projects subject to Subsection .010 of Section 10.19.010, the Estimated Applied Water Use allowed for the Landscape Area shall not exceed the MAWA calculated using the appropriate ET Adjustment Factor; 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 Guidelines.

.020 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. (Ord. 5349 § 1 (part); January 12, 1993: Ord. 6160 § 1 (part); December 8, 2009: Ord. 6355 § 3 (part); January 26, 2016.)

.010 The Public Utilities General Manager is authorized and directed to prepare, adopt, promulgate, and amend the Guidelines as well as to take such actions as are necessary to establish and implement them. Any such Guidelines as well as any actions taken shall be consistent with this Chapter and State law.

.020 The Guidelines shall describe procedures, calculations, and requirements for Landscape Projects subject to this Chapter. The Guidelines shall apply to all Landscape Projects in Subsections .010, .020, and .040 of Section 10.19.020 of this Chapter.

.030 The Guidelines shall be available in the office of the City Clerk. (Ord. 6355 § 3 (part); January 26, 2016.)