Laguna Woods Municipal Code Ch. 10.03 Water Efficient Landscapes

Footnotes:

--- (2) ---

Editor's note— Ord. No. 16-06, §§ 3, 4, adopted December 21, 2016, repealed former §§ 4.28.010—4.28.090 relative to water efficient landscapes, which derived from Ord. No. 09-10, § 3, 12-16-2009. Said Ord. No. 16-06 reenacted new provisions to read as herein set out in §§ 10.03.010—10.03-010.

(a) The State of California legislature has found that:

(1) The waters of the state are of limited supply and are subject to ever increasing demands;

(2) The continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;

(3) 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;

(4) 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;

(5) Landscape design, installation, maintenance, and management can and should be water efficient; and

(6) 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.

(b) The City has found that:

(1) Orange County has an established, large reclaimed water infrastructure system;

(2) Allocation-based and tiered water rate structures allow public agencies to document water use in landscapes;

(3) Incentive-based water use efficiency programs have been actively implemented within Orange County since before 1991;

(4) Current local design practices in new landscapes strive to achieve the intent of the state model water efficient landscape ordinance water use goals;

(5) All water services within Laguna Woods are metered and billed based on volume of use;

(6) Orange County is a leader in researching and promoting the use of smart irrigation controllers with more than 12,900 installations as of June 2009 and promotion of sustainable landscape transformation with more than 30 million square feet of turf removal;

(7) All new irrigation controllers sold after 2012 within Orange County are smart irrigation controllers;

(8) Landscape plan submittal and review has been a long standing practice in Laguna Woods: and

(9) The average rainfall in Orange County is approximately 12 inches per year.

(10) 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 Laguna Woods in its entirety.

(Ord. No. 16-06, § 4(Exh. A), 12-21-2016)

The purpose and intent of this chapter 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 Laguna Woods 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 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. 16-06, § 4(Exh. A), 12-21-2016)

The following definitions shall govern the meaning of words and phrases used in this chapter and in the guidelines:

(05) 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.

(10) Applied water means the portion of water supplied by the irrigation system to the landscape.

(15) 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.

(20) 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.

(25) Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

(30) 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.

(35) 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 chapter and the guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.

(40) Guidelines refers to the guidelines for implementation of this chapter, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this chapter.

(45) 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.

(50) 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 chapter are 0.75 for overhead spray devices and 0.81 for drip systems.

(55) 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).

(60) Landscape contractor means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

(65) 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.

(70) Landscape project means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under Section 10.03.040 of this Code.

(75) 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 this chapter. 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.

(80) Local water purveyor means any entity, including a public agency, city, county, or private water company that provides retail water service.

(85) 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)]

(90) 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.

(95) New construction 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.

(100) 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.

(105) Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

(110) Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscape.

(115) 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 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 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 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).

(120) 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.

(125) 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.

(130) Rehabilitated landscape means any re-landscaping project that meets the applicability criteria of Section 10.03.040(a) of this Code, where the modified landscape area is greater than 2,500 square feet.

(135) 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.

(140) 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.

(145) 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. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

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

(155) 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. No. 16-06, § 4(Exh. A), 12-21-2016)

(a) 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 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 of the guidelines;

(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 requirement (estimated total water use) entirely with the treated or untreated graywater or though stored rainwater capture on site is subject only to Appendix A of the guidelines.

(b) Section 10.03.060(b) of this Code shall apply to:

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

(2) All landscaped areas installed after February 1, 2016 to which Section 10.03.040(a) of this Code is applicable.

(c) 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.

(Ord. No. 16-06, § 4(Exh. A), 12-21-2016)

(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 chapter. 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 professional and are certified to be in compliance with the provisions of this chapter 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. 16-06, § 4(Exh. A), 12-21-2016)

(a) For applicable landscape installation or rehabilitation projects subject to Section 10.03.040(a) of this Code, 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 City.

(Ord. No. 16-06, § 4(Exh. A), 12-21-2016)

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 this chapter on behalf of the City.

(Ord. No. 16-06, § 4(Exh. A), 12-21-2016)