Chapter 10.32 — LANDSCAPING

This chapter shall be known as the City of La Puente Landscaping Chapter. (Ord. 17-948 § 4, 2017)

The state legislature has found that:

• A. The waters of the state are of limited supply and are subject to ever increasing demands;

• B. The continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

• C. It is the policy of the state to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;

D. Landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;

• E. Landscape design, installation, maintenance, and management can and should be water efficient; and

• F. Article X, Section 2 of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served, and the right does not and shall not extend to waste or unreasonable method of use of water.

G. Consistent with these findings, the purpose of the city’s water efficient landscape ordinance is to establish a 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 values and benefits of landscapes while recognizing the need to utilize water and other resources as efficiently as possible;

2. Establish a structure for planning, designing, installing, and maintaining and managing water efficient landscapes in new construction and rehabilitated projects;

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

4. 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. (Ord. 17-948 § 4, 2017)

A. New landscape installations or rehabilitation projects: As of the effective date of this chapter, all sections of this chapter 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 permit or landscape permit, plan check or design.

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 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 ordinance or conform to the prescriptive measures (Appendix G) contained in the Planning Commission Guidelines for Water Efficient Landscape.

4. 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 requirements (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix G of the Guidelines.

• B. 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 that are open to the public.

C. The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

D. The requirements of this chapter may be partially or wholly waived, at the discretion of the Development Services Director, or his/her 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 purveyor(s)’ regulations or programs. (Ord. 17-948 § 4, 2017)

The Planning Commission shall by resolution adopt guidelines providing rules, regulations, requirements and procedures to assure technical compliance with water efficiency standards at least as efficient as the model ordinance described in California Government Code Section 65595(a). (Ord. 17-948 § 4, 2017)

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 planning commission guidelines for water efficient landscaping.

B. The landscape documentation package shall include a certification by a landscape architect 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 the planning commission guidelines for water efficient landscaping.

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 occupancy or permit final process, as provided in the planning commission guidelines for water efficient landscaping. (Ord. 17-948 § 4, 2017)

A. For landscape installation or rehabilitation projects subject to the requirements of Section 10.32.030, the estimated applied water use allowed for the landscaped area shall not exceed the maximum applied water allowance (MAWA) calculated using an evapotranspiration adjustment factor (ETAF) of 0.7, except for special landscaped areas where the MAWA is calculated using an ETAF 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 planning commission guidelines for water efficient landscaping.

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 city. (Ord. 17-948 § 4, 2017)

The city may delegate to, or enter 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. 17-948 § 4, 2017)

The following definitions are applicable to this chapter:

“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.

“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.

“Evapotranspiration” or “ETo” see “Reference Evapotranspiration”.

“Evapotranspiration 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 pavement 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 0.81for 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 pervious or non-pervious 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 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 project” means total area of landscape in a project, as provided in the definition of “landscaped area,” meeting the applicability requirements under section 26-750.1100 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.

“Pervious” means any surface or material that allows 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. “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 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 wastewater 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 (4) to seven (7) 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 10.32.030, where the modified landscape area is greater than two thousand five hundred (2,500) square feet. “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 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. 17-948 § 4, 2017)

A. Applicability. The standards in this section shall apply to all commercial, industrial, and institutional developments.

B. Landscape coverage requirement. Shrubs, groundcover, and turf shall provide 100% coverage of those areas not occupied by structures, parking areas, storage, or trash enclosures at the time of issuance of a certificate of occupancy. Embellished pavement, fountains, and similar hardscape materials may in part be substituted for the required landscaping through the site plan and design review process or other discretionary review that applies.

C. Parkway planting and maintenance. Areas within the public right-of-way shall have landscaping installed by the developer/property owner. Parkways located between the curb and the sidewalk shall be a minimum of five feet wide unless altered by special engineering constraints, as determined by the City Engineer. Such area shall contain trees as per the street tree requirements specified in Section 10.32.120. Parkways may meander, thus reducing or increasing the minimum distance from the curb, subject to approval by the Director. The ground surface shall be planted with low spreading shrubs or groundcover to provide 100% coverage. Turf shall not be used unless specifically approved by the Director.

D. Parkway-adjacent planting and maintenance. Parkways located between the sidewalk and the edge of development shall meet the following requirements:

1. Such areas shall contain at least one 24-inch-box tree for every 30 linear feet of frontage. This calculation establishes the number of required trees; the trees are not required to be located linear or equally spaced. Although not specifically required, planting areas of variable widths are encouraged, particularly for projects with frontages exceeding 150 feet. Trees without invasive roots and root control barriers shall be required.

2. The ground surface shall contain shrubs, mulch, or ground cover to provide coverage within two years. Turf shall not be used in area narrower than five feet unless approved by the Director.

3. If a wall or fence separates the development from the street, planting vines or espalier shrubs shall be incorporated into the planting design.

E. Required landscaping for loading areas. Loading areas shall incorporate landscaping to provide screening if visible from the public right-of-way, adjacent uses, and pedestrians.

F. Required landscaping for trash enclosures. Trash enclosure areas visible from a public right-of-way shall contain a planting area around the perimeter of the enclosure wall except at access gates. The landscaping in the planting area shall consist of vertical plantings such as tall shrubs or hedges and vines on the enclosure walls. (Ord. 17-948 § 4, 2017)

• A. Applicability. The standards in this section shall apply to all residential uses.

• B. R-E, R-1, and R-2 Zones

1. Front yard. All front yard areas shall be provided with landscaping and irrigation. In front yards, hardscape materials, exclusive of the required minimum driveway area and permitted parking area, shall not exceed 15% of the front yard area. The balance of the front yard area shall be planted with live plant materials. The use of hardscape for walkways, porches, and outdoor living areas is allowed.

2. Side yards on corner lots. On a corner lot, any side yard that abuts and is visible from a public right-of-way shall be landscaped and provided with irrigation.

C. R-3 and R-4 Zones. All yard areas in the R-3 and R-4 zones not covered by structures, driveways, patios, walkways, pools/spas, or similar features shall be fully landscaped and provided with permanent irrigation systems. Hardscape materials may comprise up to 30 percent of the landscape area. (Ord. 17-948 § 4, 2017)

The species of trees installed along any street shall comply with the approved list of acceptable street trees in the City Master Street Tree Plan. All plantings of street trees shall have approval from the Director prior to installation. Installation, maintenance, and removal of street trees shall comply with the requirements of the Master Street Tree Plan. (Ord. 17-948 § 4, 2017)

• A. Planting Installation.

1. All trees shall be double-staked in the direction of the prevailing wind.

2. Ground covers shall be planted in a triangular pattern spaced to ensure 100% coverage within one year of installation.

3. A minimum three-inch layer of mulch material shall be applied to all shrub and tree planted areas at installation.

• B. Landscape and irrigation system maintenance.

1. The property owner shall be responsible for the maintenance of landscape to ensure that plant material is maintained to be healthy. Dead or diseased plants must be replaced immediately.

2. Plants shall be selectively pruned in accordance with professional trimming standards to maintain their intended shapes and sizes, and to ensure due health of the species and safety of the public.

3. To the extent possible, topping of trees shall be avoided.

4. Irrigation systems shall be constantly maintained and adjusted to eliminate water waste and ensure the healthy survival of the plant material.

5. Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low-head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, or structures is prohibited.

6. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design. A regular maintenance schedule shall be followed, including but not limited to checking, adjusting, and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. (Ord. 17-948 § 4, 2017)