Cypress Municipal Code Art. I Water Efficient Landscape Requirements

(a) Beginning February 1, 2016, and consistent with Executive Order No. B-29-15, this Water Efficient Landscape Ordinance shall apply to the following 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 design review;

(2) Rehabilitated landscape projects with an aggregate landscaped area equal to or greater than 2,500 square feet, requiring a building or landscape permit, plan check or design review;

(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 chapter or conform to the prescriptive measures contained in Appendix A;

(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 (estimate total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix D Section (5);

(5) Sections 2.2, 2.8 and 2.9 of the Guidelines shall apply to new landscape installations or landscape rehabilitation projects at cemeteries.

(b) Section 29-3(b) of the landscape water use standards of this Water Efficient Landscape Ordinance shall apply to:

(1) All landscaped areas, whether installed prior to or after January 1, 2010; and

(2) All landscaped areas installed after January 1, 2010 to which section 29-1(a) is applicable.

(c) This Water Efficient Landscape Ordinance 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.

(Ord. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

(a) 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 Water Efficient Landscape Ordinance. Any landscape documentation package submitted to the city shall comply with the provisions of the Water Efficient Landscape Guidelines.

(b) The landscape documentation package shall include a certification by a 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 Water Efficient Landscape Ordinance and Guidelines.

(1) Landscape and irrigation plans shall be submitted to the city for review and approval with appropriate water use calculations.

(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. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

(a) For applicable landscape installation or rehabilitation projects subject to section 29-1(a) of this Water Efficient Landscape Ordinance, 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 and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the local agency.

(Ord. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

The city shall adopt water efficient landscape guidelines which contain the provisions necessary to implement the provisions of this chapter.

(Ord. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

The city may delegate to, or into a contract with, a local agency to implement, administer, and/or enforce any of the provisions of the Water Efficient Landscape Ordinance on behalf of the city.

(Ord. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

The following definitions are applicable to this chapter:

"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.

Community aesthetics evaluation.

While not subject to a permit, plan check or design review, the community aesthetics evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained (refer to Appendix B for checklist).

"Ecological restoration project"

means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

"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.

"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 landscaped area.

"Guidelines"

refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the city, which describes procedures, calculations, and requirements for landscape projects subject to this Water Efficient Landscape Ordinance.

"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 Water Efficient Landscape Ordinance.

"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 Water Efficient Landscape Ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.

"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 Guidelines.

"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).

"Landscape project"

means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under section 29-1 of this Water Efficient Landscape Ordinance.

"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 the Water Efficient Landscape Ordinance. The local agency may be responsible for the enforcement or delegation of enforcement of this Water Efficient Landscape Ordinance including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.

"Local water purveyor"

means any entity, including a public agency, 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 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. 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 Water Efficient Landscape Ordinance, 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.

"Permit"

means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

"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 Water Efficient Landscape Ordinance, the plant factor range for very low water use plants is 0 to 0.1; 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 Water Efficient Landscape Ordinance 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 A 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.

"Rehabilitated landscape"

means any re-landscaping project that meets the applicability criteria of section 29-1(a), where the modified landscape area is greater than 2,500 square feet.

"Smart automatic irrigation controller"

means an automatic timing device used to remotely control valves that operate an irrigation system and which schedules irrigation events using either evapotranspiration (weather-based) or soil moisture data.

"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.

"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. Augustine grass, 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 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. No. 1113, § 1, 12-14-09; Ord. No. 1153, § 1, 2-8-16)

Appendix I. Zoning

Editors Note: Ord. No. 1062, §§ 1, 2, adopted Nov. 25, 2004, amended App. I in its entirety and enacted similar provisions as set out herein. The former App. I derived from Ord. No. 976, § 2, adopted May 11, 1998; Ord. No. 982, § 3, adopted Dec. 14, 1998; Ord. No. 999, § 1, adopted March 13, 2000; Ord. No. 1003, § 1, adopted Oct. 9, 2000; Ord. No. 1008, § 1, adopted May 14, 2001; Ord. No. 1009, § 1, adopted May 29, 2001; Ord. No. 1011, § 1, adopted Aug. 13, 2001; Ord. No. 1012, §§ 1—8, adopted Aug. 13, 2001; Ord. No. 1018, § 1, adopted Nov. 26, 2001; Ord. No. 1019, § 1, adopted Dec. 10, 2001; Ord. No. 1021, § 1, adopted Feb. 25, 2002; Ord. No. 1023, § 1, adopted April 22, 2002; Ord. No. 1037, § 1, adopted Feb. 10, 2003; Ord. No. 1042, § 1, adopted June 9, 2003; Ord. No. 1043, § 1, adopted July 28, 2003; Ord. No. 1050, § 1, adopted Dec. 8, 2003; Ord. No. 1051, § 1, adopted Jan. 12, 2004; Ord. No. 1057, §§ 1, 2, adopted May 10, 2004; Ord. No. 1059, § 1, adopted July 1, 2004.

Ordinance No. 1062 is set out herein substantially as enacted; however, a uniform system of capitalization and punctuation has been employed and material added by the editor for clarity has been enclosed in brackets [ ]. Obvious misspellings and punctuation errors have been corrected without notation. Headings and catchlines have been made uniform and the same system of capitalization, citation to state statutes, and expression of numbers in text as appears in the Code of Ordinances has been used.