Diamond Bar Municipal Code Ch. 8.14 Water Efficient Landscaping

It is the policy of the City of Diamond Bar to promote water conservation. The standards detailed in this chapter are intended to promote water conservation while allowing the maximum possible flexibility in designing healthy, attractive, and cost-effective water efficient landscapes.

This chapter is to be used in conjunction with the water conservation requirements of the Municipal Code, commencing with section 22.26.010. Where conflicts in language may exist between this chapter and chapter 22.26, the more restrictive water conserving language shall prevail.

The purpose of the city's water efficient landscape ordinance is to establish an alternative model acceptable under Governor Brown's April 1, 2015 Drought Executive Order (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 as an upper limit for water use and reduce water use to the lowest practical amount; and

(6) Encourage the use of Walnut Valley Water District economic incentives that promote the efficient use of water, such as implementing a budget-based tiered-rate structure, providing rebate incentives and offering educational programs.

(Ord. No. 01(2016), § 1, 1-19-16)

State Law reference— Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code.

(a) The water efficient landscape ordinance and associated guidelines apply to all of 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 any ministerial or discretionary land use approval;

(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 any ministerial or discretionary land use approval;

(3) New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less must either comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Guidelines 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 (estimated total water use) entirely with the treated or untreated graywater or through stored rainwater capture on site shall be subject only to guidelines Appendix A, Section (5).

(b) The guidelines may be partially or wholly waived, at the discretion of the community development director or his or her designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local water purveyor regulations.

(c) Unless otherwise determined by the community development director, the water efficient landscape ordinance and associated Guidelines 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) Plant collections, as part of botanical gardens, and arboretums open to the public.

(Ord. No. 01(2016), § 1, 1-19-16)

"Aggregate landscape areas" 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.

"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.

"Check valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

"Community aesthetics evaluation." While not subject to a permit, plan check or discretionary review, the community aesthetics evaluation may be performed to ensure the aesthetic standards of the community and irrigation efficiency intent is maintained.

"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 or Evapotranspiration, is the approximate summation of water losses through evaporation from soil and transpiration from the plants during a specified period of time.

ETo or Evapotranspiration, is the approximation of water loss expressed in inches per year from a field of four-to-seven-inch-tall cool season grass that is not water stressed.

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.

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 water efficient landscape ordinance and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

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 audit means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The irrigation audit, which must be reviewed and approved by the City of Diamond Bar, shall demonstrate that all parts of the irrigation system(s) meet(s) the minimum requirements of the water conservation landscaping ordinance herein.

Note: Any parts of the irrigation system identified as not meeting the minimum requirements shall be repaired or adjusted and re-audited to confirm compliance prior to city's final acceptance

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.

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 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 plan: Design plans with a planting plan, irrigation plan, and plans with supporting detail sheets to include notes and/or specifications.

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.

Landscape permit means an authorizing document issued by local agencies for new or rehabilitated landscapes.

Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under section 1.1 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.

Low volume irrigation means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants with a maximum delivery of 6.3 gallons per hour (gph) when operated at 30 psi as defined in ASABE/ICC802-2014.

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 × LA) + ((1-ETAF) × 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.

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 for very low water use plants is 0.1; the plant factor for low water use plants is 0.2; the plant factor for moderate water use plants is 0.5; and the plant factor for high water use plants is 0.8. 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 1.1(a), where the modified landscape area is greater than 2,500 square feet.

Smart irrigation controller means an automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data with non-volatile memory 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.

Turf means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo grass are warm-season grasses.

Valve means a device used to control the flow of water in an irrigation system.

Water efficient landscape ordinance means chapter 8.14 of the Diamond Bar Municipal Code.

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 referenced in the associated guidelines. 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.

Water wise plants means those plants that are evaluated as needing moderate, low, and very low amounts of water as defined and listed by water use classifications of landscape species (WUCOLS). Other sources of water wise plant classifications may be used if approved by the community development director.

Weather based irrigation controller means an irrigation controller that automatically adjusts the irrigation schedule based on changes in the weather.

(Ord. No. 01(2016), § 1, 1-19-16)

State Law reference— Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code.

(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 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 landscape architect and are certified to be in compliance with the provisions of this water efficient landscape ordinance and the 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. 01(2016), § 1, 1-19-16)

State Law reference— Section 65595, Government Code; Section 65596, Government Code.

(a) For applicable landscape installation or rehabilitation projects subject to section 8.14.020 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 0.55 for residential and 4.45 for non-residential areas, except for the portion of the MAWA applicable to any special landscape areas within the landscape project, which shall be calculated using an ETAF of 1.0; as provided in section 2.3 of 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. 01(2016), § 1, 1-19-16)

Verification of compliance with this chapter, as applicable, shall be made by the community development department in accordance with the following requirements:

(a) For applicable landscape installation or rehabilitation projects subject to section 8.14.020 of this water efficient landscape ordinance, no building permit shall be issued without the submittal of a landscape documentation package.

(b) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.

(Ord. No. 01(2016), § 1, 1-19-16)

(a) Landscapes shall be maintained to ensure water use efficiency. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray, and other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways or structures is prohibited.

(b) A regular 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; weeding in all landscape areas, and removing and obstruction to emission devices. Testing of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents.

(d) A project applicant is encouraged to implement sustainable or environmentally-friendly practices for overall landscape maintenance.

(Ord. No. 01(2016), § 1, 1-19-16)

The following provisions apply to existing landscapes, as defined in section 8.14.020 of this chapter:

(a) For landscapes served by a single water meter, the city may require the following, including but not limited to: irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use, and to provide recommendations as necessary to reduce landscape water use to a level that does not exceed the maximum applied water allowance for existing landscapes. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(b) For landscapes that do not have a meter, the city will, with limited exceptions, require the following including: irrigation surveys and irrigation audits to evaluate water use, and to provide recommendations as necessary to prevent water waste. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(c) The city may collaborate with the local water purveyor(s) to define each entity's specific responsibilities relating to this chapter.

(Ord. No. 01(2016), § 1, 1-19-16)

(a) Developers of residential units shall provide information to prospective buyers of new homes regarding water efficient landscaping techniques.

(b) Developers of nonresidential units shall provide information to prospective buyers or tenants regarding water efficient landscaping techniques.

(Ord. No. 01(2016), § 1, 1-19-16)

Any person violating any provision of this chapter is guilty of an infraction punishable as provided in section 1.04.010(b).

(Ord. No. 01(2016), § 1, 1-19-16)