Los Alamitos Municipal Code Ch. 13.05 Water Efficient Landscaping

This chapter establishes requirements and standards for landscaping and irrigation to:

A. Enhance the appearance of development projects; reduce heat and glare; control soil erosion; conserve water; screen potentially incompatible land uses; preserve the integrity of neighborhoods; improve air and water quality; and protect pedestrian and vehicular traffic and safety;

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

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

D. Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible;

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

F. 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

G. 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. 09-07 § 1, 2009; Ord. 15-13 § 2, 2015)

A. After December 1, 2015, and consistent with Executive Order No. B-29-15, this chapter shall apply to all of the following landscape projects:

1. New development 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 landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

3. Existing landscapes when alterations or expansions to existing nonresidential development or residential projects are proposed, to the greatest extent feasible, as determined by the director. The approval of a discretionary application for alterations or expansions to an existing nonresidential development or residential projects may include conditions of approval requiring compliance with the requirements of this chapter. This chapter does not apply to changes of use or interior tenant improvements that do not require discretionary approval; and

4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to the provisions for new construction or rehabilitated landscapes of the Guidelines, including landscape and irrigation maintenance schedule and irrigation audit, irrigation survey and irrigation water use analysis. Existing cemeteries are limited to the provisions for existing landscapes of the Guidelines, including irrigation audit, irrigation survey and irrigation water use analysis.

B. Any project 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.

C. For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix A, Section 5 of the Guidelines.

D. 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. Existing plant collections, as part of botanical gardens and arboretums open to the public;

5. Single-family residential land uses with landscaped areas of less than 5,000 square feet that are not developer-installed are exempt.

E. Subsection B shall apply to:

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

2. All landscaped areas installed after the adoption of the ordinance codified in this chapter.

(Ord. 09-07 § 1, 2009; Ord. 15-13 § 3, 2015)

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 professional 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.

C. 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. 09-07 § 1, 2009; Ord. 15-13 § 3, 2015)

A. For applicable landscape installation or rehabilitation projects subject to Section 13.05.020(A) of this chapter, 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 areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for nonresidential areas) and expressed as annual gallons required. The estimated applied water use is calculated based on the plants used and irrigation method selected for the landscape design.

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.

C. Irrigation systems for projects one acre or more in area shall use reclaimed water whenever reclaimed water is available to the site. Reclaimed water systems shall be subject to appropriate health standards. Recirculating water shall be used for any decorative water features.

(Ord. 09-07 § 1, 2009; Ord. 15-13 § 3, 2015)

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. 09-07 § 1, 2009; Ord. 15-13 § 4, 2015)

"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.

"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.

"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. ETAF means a factor of 0.55 for residential areas and 0.45 for nonresidential areas that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

"Guidelines"

refers to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the city council by resolution (as it may be amended from time to time), 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.

"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 requirements under Section 1.1 of the Guidelines.

"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 very low water use plants is 0 to 0.1; the plant factor range for low water use plants is 0.1 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 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 D 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 13.05.020(B) where the modified landscape area is equal to or greater than 2,500 square feet.

"Smart irrigation controller"

means an automatic irrigation controller 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.

"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 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. 09-07 § 1, 2009; Ord. 15-13 § 5, 2015)