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.
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 hereby finds that:
1.
The City of Claremont has established a water conservation ordinance
that prohibits wasteful uses of water throughout the City by all water
users;
2.
The wholesale water purveyor and regional water import agency have
developed an allocation-based and tiered water rate structure that
requires the local retail water provider to document water use for
all water meters in the City;
3.
Incentive-based water use efficiency programs have been actively
implemented within Claremont for many years;
4.
Current local design practices in new landscapes typically achieve
the State Model Water Efficient Landscape Ordinance water use goals;
5.
All water services within the City are metered;
6.
Landscape plan submittal and review has been a long standing practice
in Claremont;
7.
The average rainfall in Claremont is approximately 17.3 inches per
year and the annual reference evapotranspiration rate (Annual ETo)
is 51.3; and
8.
The local water purveyor has implemented a tiered-rate billing structure
and enforcement of water waste prohibitions for all existing properties
throughout its service area, which includes the City of Claremont
in its entirety.
C.
Consistent
with these findings, the purpose of the City's Water Efficient Landscape
Ordinance is to establish an alternative local ordinance that is acceptable
under AB 1881 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 invest water and other resources as efficiently as possible;
2.
Establish a set of procedures 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.
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[Note: Authority cited: Section 65593, Government Code. Reference:
Sections 65591, 64493, 65596, Government Code.]
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(10-02)
A.
New
Landscape Installations or Rehabilitation Projects
This chapter shall apply to the following landscape projects:
1.
New landscape installations or landscape rehabilitation projects
by public agencies or private nonresidential developers, except for
cemeteries, with a landscaped area, including pools or other water
features but excluding hardscape, equal to or greater than 2,500 square
feet, and which are otherwise subject to a discretionary approval
of a landscape plan, or which otherwise require a ministerial permit
for a landscape or water feature;
2.
New landscape installations or landscape rehabilitation projects
by developers or property managers of single-family and multifamily
residential projects or complexes with a landscaped area, including
pools or other water features but excluding hardscape, equal to or
greater than 2,500 square feet, and which are otherwise subject to
a discretionary approval of a landscape plan, or which otherwise require
a ministerial permit for a landscape or water feature;
3.
New landscape installation projects by individual homeowners on single-family
or multi-family residential lots with a total project landscaped area,
including pools or other water features, but excluding hardscape,
equal to or greater than 5,000 square feet, and which are otherwise
subject to a discretionary approval of a landscape plan, or which
otherwise require a ministerial permit for a landscape or water feature;
4.
Recognizing the special landscape management needs of cemeteries,
prior to new landscape installations or landscape rehabilitation projects
at cemeteries the following shall be prepared: a water efficient landscape
worksheet; landscape and irrigation maintenance schedule; and irrigation
audit, survey and water use analysis as required in the guidelines.
C.
This
chapter shall 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.
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[Note: Authority cited: Section 65595, Government Code. Reference:
Section 65596, Government Code.]
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(10-02)
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.
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[Note: Authority cited: Section 65595, Government Code. Reference:
Section 65596, Government Code.]
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(10-02)
A.
New
and Rehabilitated Landscapes
For landscape installation or rehabilitation projects subject
to the applicability requirements of Section 16.131.020.A, 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 guidelines.
B.
Existing
Landscapes
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.
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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.
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The following definitions are applicable to this chapter:
means the portion of water supplied by the irrigation system
to the landscape.
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.
means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
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.
see "Reference evapotranspiration."
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.
refers to the Guidelines for Implementation of the
Water Efficient Landscape Ordinance, as adopted by resolution
of the City Council, which describes procedures, calculations, and
requirements for landscape projects subject to this chapter.
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.
means any landscaping either installed by a private individual
for a single-family residence or installed by a licensed contractor
hired by a homeowner. A homeowner, for purposes of this chapter, is
a person who occupies the dwelling he or she owns. This definition
excludes speculative homes, which are not owner-occupied dwellings
and which are subject under this chapter to the requirements applicable
to developer-installed residential landscape projects.
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 minimum average irrigation efficiency
for purposes of this chapter is 0.71. Greater irrigation efficiency
can be expected from well designed and maintained systems.
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 person licensed by the State of California to construct,
maintain, repair, install, or subcontract the development of landscape
systems.
means the documents required to be provided to the City for
review and approval of landscape design projects, as described in
the Guidelines.
means total area of landscape in a project, as provided in the definition of "landscaped area," meeting the applicability requirements under Section 16.131.020 of this chapter.
means a city or county, including a charter city or charter
county, that is authorized by the City to implement, administer, and/or
enforce any of the provisions of the Water Efficient Landscape Ordinance
on behalf of the City. 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.
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 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.
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 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.
means any surface or natural material that does not allow
for the passage of water through the material and into the underlying
soil.
means any surface or material that allows 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.
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
0.3; 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 Department of Water Resources 2000 publication
"Water Use Classification of Landscape Species."
means treated or recycled waste water of a quality suitable
for nonpotable 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 Section 16.131.020.A, where the modified landscape area
is greater than 2,500 square feet, is 50% of the total landscape area,
and the modifications are planned to occur within one year.
means an automatic timing device used to remotely control
valves that operate an irrigation system and which schedules irrigation
events using either evapotranspiration (weather-based) or soil moisture
data.
means an area of the landscape dedicated solely to edible
plants such as orchards and vegetable gardens, area irrigated with
recycled water, water features using recycled water, and 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. Bermuda grass, Kikuyu grass, Seashore Paspalum,
St. Augustine grass, Zoysia grass, 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 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.
[Note: Authority cited: Section 65595, Government Code. Reference:
Sections 65592, 65596, Government Code.]
(10-02)
