[§ 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.
