[§ 2, Ord. 1090-09, eff. December 31, 2009]
All references to this chapter shall include §§ 6-12.02 through 6-6.12.10, as appropriate. The following special regulations and minimum requirements shall apply to landscape projects.
[§ 1, Ord. 1090-09, eff. December 31, 2009; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
Except where the context of such words or phrases clearly indicates a different meaning or construction, the following words, terms, and phrases, whenever used in this chapter or in resolutions of the Council adopted pursuant to the provisions of this chapter, shall have the meanings ascribed to them in this section.
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.
Means the portion of water supplied by the irrigation system to the landscape.
Shall mean the portion of water supplied by the irrigation system to the landscape.
Shall mean the certificate required to be completed and submitted to the City certifying that the landscape project has complied with the provisions of the water efficient landscape regulations contained in this Chapter 12 and the Guidelines.
Means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
Shall mean any employee or agent of the City authorized to enforce the provisions of the Municipal Code as designated in writing by the City.
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.
Of 0.55 for residential areas and 0.45 for non-residential 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 Area shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
Refers to the Guidelines for Implementation of the Water Efficient Landscape Regulations, procedures, calculations, and requirements for landscape projects subject to this Chapter 12.
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 12.
Shall mean a portion of the landscaped area having plants with similar water needs and typically irrigated by one valve/controller station. A hydrozone may be irrigated or nonirrigated.
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 12 are 0.75 for overhead spray devices and 0.81 for drip systems.
Means the documents that a project applicant is required to submit to the City for review and approval of landscape design projects, as described in the Guidelines.
Means a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See §§ 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, § 832.27 of Title 16 of the California Code of Regulations, and § 6721 of the Food and Agricultural Code.)
Means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the requirements under § 6-12.04 of this chapter.
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).
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 12 on behalf of the City. The local agency may be responsible for the enforcement or delegation of enforcement of this Chapter 12 including, but not limited to, design review, plan check, issuance of permits, and inspection of a landscape project.
Means any entity, including a public agency, city, county, or private water company that provides retail water service.
Means the upper limit of annual applied water for the established landscaped area as specified in § 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)]
Means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
Means, for the purposes of this Chapter 12, a new building with a landscape or other new landscape such as a park, playground, playing field, greenbelt or other new landscape, which may or may not have an associated building.
Means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.
Means an authorizing document issued by local agencies for new construction or rehabilitated landscape.
Means any surface or material that allows the passage of water through the material and into the underlying soil.
Is a factor, when multiplied by ETo, that estimates the amount of water needed by plants. For purposes of this Chapter 12, 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 12 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).
Shall mean the person submitting a Landscape Documentation Package pursuant to the Guidelines, to request a permit, plan check, or design review from the City for the installation of landscape.
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.
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.
Means any re-landscaping project that meets the applicability criteria of § 6-12.04 of this chapter, where the modified landscape area is greater than 2,500 square feet.
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.
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.
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.
Means a device used to control the flow of water in an irrigation system.
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.
Shall mean the time of day irrigation is allowed pursuant to any applicable City, regional, State, or local water purveyor water conservation or drought response laws, rules, policies, or regulations.
[1]
Editor's Note: The Guidelines referred to in this chapter may be found on file in the office of the City Clerk.
[§ 1, Ord. 1090-09, eff. December 31, 2009; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
(a)
The State 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)
Design, installation, maintenance, and management can and should be water efficient; and
(b)
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. The City intends to establish an ordinance 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; and
(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.
[§ 1, Ord. 1090-09, eff. December 31, 2009; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
(a)
The water efficient landscape regulations set forth in this Chapter 12 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 ordinance or conform to the prescriptive measures contained the Guidelines;
(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 though stored rainwater capture on site is subject only to the Guidelines.
(b)
Sections 2.2, 2.8, and 2.9, of the Guidelines shall apply to new construction or rehabilitated landscape projects at cemeteries.
(c)
This Chapter 12 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.
[§ 1, Ord. 1090-09, eff. December 31, 2009; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
(a)
Prior to the issuance of any permits, 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 12. 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 landscape 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 professional and are certified to be in compliance with the provisions of this Chapter 12 and the Guidelines.
(c)
Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use calculations as set forth in the Guidelines.
(d)
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.
(e)
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.
[§ 1, Ord. 1090-09, eff. December 31, 2009; § 3, Ord. 1143-15, eff. December 17, 2015; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
(a)
For applicable landscape installation or rehabilitation projects subject to § 6-12.04 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 non-residential areas, 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, including any established watering windows, 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.
(c)
All irrigation controllers installed on or after January 1, 2012, within the City shall be smart irrigation controllers.
(d)
Landscape-related stormwater management practices shall be designed in accordance with the following:
(1)
Facility sizing. Bioretention facilities shall be designed to manage stormwater from the drainage management area. Sizing shall be in accordance with the City's stormwater permit and as codified elsewhere in the Avalon Municipal Code.
(2)
Plant selection. Plants used in bioretention facilities shall be selected for tolerance to both periodic inundation, as well as prolonged dry periods. Plants shall be non-invasive and should be native to the region whenever possible. A list of suitable plant species is on file with the City of Avalon Department of Planning and Building Development. Plants shall be selected according to the surface grade and the incidence of periodic surface water inundation. Plants selected for Zone A should tolerate periodic surface water inundation as well as seasonal dry periods. Plants selected for Zone B should tolerate the planting on side slopes and surface water runoff.
(3)
Hydrozone grouping and irrigation. Installed plants within rain gardens and other bioretention facilities shall be grouped into hydrozones based on similar water usage. During plant establishment, temporary irrigation shall use separate valves for each hydrozone. All irrigation shall be removed or disconnected from the bioretention facility at the end of plant establishment.
(4)
Planter edge and curb design. Bioretention facilities are intended to receive and treat stormwater runoff. Edge treatments shall be designed not to impede sheet flow from surrounding areas. See standard design details contained in the City of Avalon Standard Drawings.
(5)
Mulching. Mulch application, quantity, and composition for bioretention facilities shall be as specified in the design details contained in the City of Avalon Standard Drawings.
[§ 1, Ord. 1090-09, eff. December 31, 2009; amended 10-6-2020 by Ord. No. 1190-20, effective November 5, 2020]
(a)
The City Manager is authorized to administer and enforce the provisions of this Chapter 12 and the Guidelines. Any City authorized personnel or enforcement officers may exercise enforcement powers as set forth in the Municipal Code.
(b)
The City may delegate to, or enter into a contract with, a local agency or other person to implement and administer any of the provisions of this Chapter 12 on behalf of the City.
[§ 1, Ord. 1090-09, eff. December 31, 2009]
The City shall adopt Guidelines for the implementation of this Chapter 6-12. Such Guidelines may be amended from time to time by resolution of the City Council. Notwithstanding the forgoing, the City Manager may establish any forms or other related documents to administer compliance with the Guidelines as he or she deems appropriate and in furtherance of this Chapter 6-12.
[1]
Editor's Note: The Guidelines referred to in this chapter may be found on file in the office of the City Clerk.
[§ 1, Ord. 1090-09, eff. December 31, 2009]
(a)
The City Manager or his or her designee shall serve an invoice for costs upon the person or responsible person who is subject to a notice of violation, a cease and desist order, or an administrative compliance order. An invoice for costs shall be immediately due and payable to the City. If any person or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance with this Chapter 6-12, then the City may institute collection proceedings. The invoice for costs may include reasonable attorneys' fees.
(b)
The City shall impose any other penalties or regulatory fees, as fixed from time to time by resolution of the City Council, for a violation or enforcement of this Chapter 6-12.
(c)
In addition to the costs which may be recovered pursuant to the Municipal Code, and in order to recover the costs of the water efficient landscape regulatory program set forth in this Chapter 6-12, the City Council may, from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:
(1)
Any visits of an enforcement officer, or other City staff or authorized representative of the City for time incurred for inspections of property;
(2)
Any monitoring, inspection, and surveillance procedures pertaining to enforcement of this Chapter 6-12;
(4)
Any other necessary and appropriate fees and charges to recover the cost of providing the City's water efficient landscape regulatory program.
[§ 1, Ord. 1090-09, eff. December 31, 2009]
If provisions of this Chapter 6-12 are in conflict with each other, other provisions of the Municipal Code, the City's general plan, any City adopted specific plan or master plan, any resolution or ordinance of the City, or any State law or regulation, the more restrictive provisions shall apply.