It is the policy of the city of Malibu to promote water conservation.
The landscape water conservation standards detailed in this chapter
are intended to promote water conservation while allowing the maximum
possible flexibility in designing healthy, attractive, and cost-effective
water efficient landscapes.
(Ord. 461 § 4, 2020)
"Applied water"
means the portion of water supplied by the irrigation system
to the landscape.
"Director"
means the community development director.
"Estimated total water use or ETWU"
means the estimated total water use in gallons per year for a landscape area, calculated by summing the estimated water use for each landscape hydrozone as described in the water budget calculations of Section
17.53.060.
"ET adjustment factor" (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 a new and existing (nonrehabilitated) special landscape
area shall not exceed 1.0.
"ET or evapotranspiration"
means the approximate summation of water losses through evaporation
from soil and transpiration from the plants during a specified period
of time.
"ETo or reference evapotranspiration"
means a standard measurement of environmental parameters
which affect the water use of plants. ETo is expressed in inches for
purposes of this chapter and is an estimate of the evapotranspiration
(or water loss) per year from a large field of four- to seven-inch
tall cool season grass that is not water stressed. ETo is used as
the basis for determining the maximum applied water allowance so that
regional differences in climate can be accommodated. For Malibu, the
ETo is 44.2 inches.
"Flammable material"
means combustible material capable of igniting at ambient
temperatures at or below 37.8 degrees Celsius (100 degrees Fahrenheit).
"Guidelines"
refers to the Guidelines for Implementation of the Landscape
Water Conservation Ordinance to be prepared by the city to describe
procedures, calculations, forms and requirements for landscape projects
subject to this chapter. The guidelines shall also provide information
on increasing water use efficiency and avoiding water waste in existing
landscapes.
"Hardscapes"
means any durable material or feature (pervious and nonpervious)
installed in or around a landscape area, such as pavements or walls.
"Hydrozone"
means a portion of a landscape area having plants with similar
water needs that are served by an irrigation valve or set of valves
with the same schedule. A hydrozone may be irrigated or nonirrigated.
"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 minimum average irrigation efficiency
for purposes of this chapter is 0.71. Greater irrigation efficiency
can be expected from well designed and maintained systems.
"Landscape area"
means all new or altered landscaping areas proposed as part
of a development project. Landscape area shall include the planting
areas, turf areas, water features, and design features as allowed
in Section 17.53.090(A)(12). The landscape area does not include footprints
of buildings or structures, sidewalks, driveways, parking lots, decks,
patios, gravel or stone walks, other pervious or nonpervious hardscapes,
and other nonirrigated areas designated for nondevelopment (e.g.,
open spaces and existing native vegetation).
"Mulch"
means material (such as decaying leaves, bark, compost, gravel,
or rocks) spread around or over a plant or within the landscape to
enrich soil or suppress the growth of weeds.
"Non-continuous"
means having one or more interruptions in a sequence or in
a stretch.
"Plant factor"
means a factor that when multiplied by the ETo, estimates
the amount of water used by a given plant species. For purposes of
this chapter, 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 used in this chapter are derived from "Water
Use Classification of Landscape Species" (WUCOLS).
"Power line"
means a cable carrying electrical power, especially one supported
by pylons or poles.
"Shade structure"
means a structure with a temporary or permanent roof or a
covering made of or supporting plants or vines which is designed to
provide shelter from the heat or glare of the sunlight.
"Special landscape area or SLA"
means park and recreational areas, areas permanently and
solely dedicated to edible plants, such as orchards and vegetable
gardens, and areas irrigated with nonpotable water. A SLA is subject
to the MAWA with an ET adjustment factor not to exceed 1.0.
"Turf"
means a groundcover surface of mowed grass with an irrigation
water need of greater than 30% of the ETo, except for low water using
alternative turf blend.
"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 landscape area. Constructed
wetlands used for on-site wastewater treatment, habitat protection
or storm water best management practices that are not irrigated with
potable water and are used solely for water treatment or storm water
retention are not water features and, therefore, are not subject to
the water budget calculation.
"Water Use Classifications of Landscape Species or WUCOLS"
means the document prepared by the University of California
Cooperative Extension and available from the State Department of Water
Resources at: Department of Water Resources, Bulletins and Reports,
P.O. Box 942836, Sacramento, California 94236-0001.
"Water wise plants"
means those plants that are evaluated as needing "moderate"
(40 to 60% of ETo), "low" (10 to 30% of ETo) and "very low" (less
than 10% of ETo) amounts of water as defined and listed by WUCOLS.
Other sources of water wise plant classifications may be used if approved
by the director.
(Ord. 461 § 4, 2020)
Applicants for projects covered by Section
17.53.030(A) shall comply with this chapter as follows, unless an exception is granted pursuant to Section
17.53.070.
A. Prior to construction, the applicant shall obtain approval from the director of a landscape documentation package prepared in accordance with Section
17.53.080 which demonstrates compliance with this chapter.
B. Prior to certificate of occupancy or other final project sign off, the applicant shall obtain approval from the director of a certificate of completion prepared in accordance with Section
17.53.080.
(Ord. 461 § 4, 2020)
Exceptions to the requirements of this chapter may be granted
by the director upon a finding based on substantial evidence that
the exceptions will promote equivalent or greater water conservation
than that provided in this chapter. Requests for exceptions shall
be in writing and shall be submitted to the director at the time the
landscape documentation package is submitted to the city for review.
Requests for exceptions shall be accompanied by documentary evidence
supporting the finding of equivalent or greater water conservation.
(Ord. 461 § 4, 2020)
All landscaping and irrigation systems associated with development
regulated by this chapter shall be designed, installed and maintained
in accordance with a landscape documentation package that meets the
minimum standards of the guidelines and this section.
A. Planting
Requirements.
1. Plants
shall be selected to meet a MAWA determined by the water budget calculations
and the guidelines.
2. Hydrozones.
Plants shall be grouped into hydrozones with plant species having
similar water demand and by their soil, sun and shade requirements.
3. The
landscape area of projects proposing commercial or industrial uses
shall be designed without the use of turf and with 100% water wise
plants. Notwithstanding that requirement, projects may use turf where
a specific turf type is proposed for any required bio-swale or bio-filter
systems, or areas adjacent to pedestrian traffic where walking travel
or crossings are expected. These walking areas would include corner
lot locations or linear areas located along pedestrian routes. Any
landscape trees and shrubs installed on commercial properties situated
along public street frontage shall be limited to water wise species
native to the Santa Monica Mountains area.
4. Turf
is acceptable in parkways where vehicle parking is permitted adjacent
to the parkway curb or edge; however, the use of a water wise alternative
is encouraged. Where parking is not permitted adjacent to the parkway
curb or edge, the parkway shall be designed using 100% water wise
plants.
5. Single-family
residential, multifamily residential and institutional use projects
shall be designed so that turf occupies not more than 25% or 1,500
square feet, whichever is less, of the landscape area. Approved turf
parkways shall not be counted toward the 25% turf limitation. For
single-family residences, plants that are not water wise plants shall
be limited to not more than 25% of the landscape area or limited to
an area within 50 feet of the primary residential structure on the
parcel, whichever results in less landscape area installed with plants
that are not water wise species. For landscape areas more than 50
feet from the primary residential structure and outside the required
irrigated fuel modification zone, new or altered plantings shall be
limited to water wise species native to the Santa Monica Mountains.
6. Turf
is not permitted in medians or parking lot landscape finger planters.
7. Turf
shall not be used on slopes exceeding 20% or five to one within the
landscape area.
8. Notwithstanding subsections
(3) and
(4), additional turf areas may be approved by the director for areas designed and used for outdoor sporting and recreational activities, or for an approved functional use. Such approved turf areas may be watered at a rate of 1.0 of the reference evapotranspiration (ETo). However, water wise turf blends are encouraged as an alternative.
9. Soils
Test. The applicant shall prepare a soils test that conforms to the
guidelines, with recommendations for fertilizers, amendments and horticultural
maintenance practices. Recommendations shall be based on soil samples
taken from the site at the completion of finish grading. The soils
testing requirement may be included as part of the specifications
for installation.
10. Soil Amendments. Soil amendments shall be used when necessary to
improve water retention in the soil, to improve the functional structure
of the soil for greater water infiltration and percolation, to buffer
pH and to optimize plan growth.
11. Mulch. Weed-free mulches of organic or inorganic material shall be
used in all non-turf, irrigated areas to minimize evapotranspiration
and runoff, and to moderate the temperature of the root zone. The
landscape area, except those portions of the landscape area planted
in turf, shall be covered with weed-free mulch material to a maximum
depth of three inches throughout. In areas with groundcovers planted
from flats, mulch shall be installed to an average thickness of one
and one-half inches. Additional mulch material shall be added from
time to time as necessary in order to maintain the required depth
of mulch. Refer to additional mulch requirements in subsection (C)(2)
of this section.
12. Non-Plant Material for Landscaping. The landscape area may include
natural features such as decomposing granite groundcover, rock and
stone, non-vegetated natural areas, and structural features, including,
but not limited to, fountains, reflecting pools, art work, screens,
walls, and fences, provided all of these features are integrated into
the design of the landscape area and the primary purpose of the feature
is decorative. These areas shall be included in the water budget calculations
for the project and its various hydrozones as specified in the guidelines.
13. Nothing in this chapter shall be construed to permit the installation
or removal of plants, trees or shrubs of a type or in a manner which
is prohibited by another chapter of this code or the Malibu Local
Coastal Program.
B. Irrigation
System Requirements.
1. Irrigation
systems shall be designed, constructed and managed to maximize overall
irrigation efficiency, and to meet the MAWA.
2. Irrigation
systems shall be designed to prevent runoff, overspray, low-head drainage,
and other similar conditions where irrigation water flows or sprays
on to areas not intended for irrigation and not part of the parcel's
landscape area, such as walkways, driveways, roadways, neighboring
properties or the public right-of-way.
3. Irrigation
systems (valve systems, piping and pressure regulators) shall be designed
to deliver water to hydrozones based on the moisture requirements
of the plant grouping.
4. An
automatic irrigation system is required and shall include a weather-based
irrigation controller, including a rain shut-off sensor.
5. Areas
less than eight feet wide shall be irrigated with appropriately selected
equipment that provides the proper amount of water coverage without
causing overspray onto adjacent surfaces.
6. All
sprinklers shall have matched precipitation rates within each valve
and circuit. All irrigation systems shall be designed to include optimum
distribution uniformity, head to head spacing, and setbacks from walkways
and pavement. Overhead sprays shall be set back a minimum of 24 inches
from nonpervious surfaces.
7. All
irrigation systems shall provide check valves at the low end of irrigation
lines to prevent unwanted draining of irrigation lines.
8. Pressure
regulators may be required on the irrigation system as determined
by the Los Angeles County Waterworks District 29.
9. Installation
of a separate landscape water meter is encouraged where feasible to
facilitate water management.
10. Nonpotable and Recycled Water. If nonpotable water service, including
recycled water, is determined to be required for the project by a
local agency or water agency, the irrigation system shall be designed,
installed and operated in compliance with state and local laws, requirements
and regulations applicable to the nonpotable water use. The local
water agency shall provide the customer with applicable conditions
for the use of nonpotable water within its jurisdiction.
C. Fire
Protection Standards.
1. Planting
Restrictions.
a. Palm trees are prohibited.
b. Trees and shrubs are prohibited between zero and five feet from a
structure.
c. The following species are prohibited within 50 feet of structures:
Eucalyptus (Eucalyptus gum tree), Pine (Pinus species), Cypress (Cupressus
species), Cedar (Cedrus species), and Tree of Heaven (Ailanthus altissima).
d. Non-continuous planting of trees and shrubs (except those in (a)
and (c) above, is allowed between five feet and 50 feet from a structure.
e. Eucalyptus trees are allowed between five feet and 50 feet of a structure
if a qualified expert, as determined by the director, identifies the
tree(s) as a monarch butterfly habitat.
f. The distances for trees and shrubs subject to (b) through (e) shall
be measured from the dripline of the tree or shrub at its projected
maturity to the outermost projection of the structure including eaves
and overhangs.
g. Trees planted within or near existing utility easements where overhead
power lines are present are limited as follows:
i. Trees planted below or within 20 feet of a power line shall have
a maximum growth height of 25 feet at maturity.
ii. Trees planted within 20 feet and 50 feet of a power line shall have
a maximum growth height of 40 feet at maturity.
iii.
The distances for trees and shrubs subject to this subsection
(g) shall be measured from the center of the trunk.
2. Mulch
material proposed between zero and five feet from a structure must
consist of nonflammable materials, such as gravel and decomposed granite.
Flammable mulch material, including shredded bark, pine needles, and
artificial turf, are prohibited between zero and five feet of a structure.
Use of wood chips and shredded rubber is prohibited anywhere on the
site. Non-continuous use of flammable mulch (excluding wood chips
and shredded rubber) is allowed between five feet and 30 feet from
a structure. The distance shall be measured from the outermost projection
of the structure including eaves and overhangs. The maximum application
area of mulch located between five feet and 30 feet from a structure
is 20 feet by 20 feet with a five-foot separation between application
areas. Any mulch materials (excluding wood chips and shredded rubber),
are allowed 30 feet or more from a structure with no limitation on
application area.
3. Roadway
Clearance. All flammable vegetation or other combustible growth shall
be removed or cleared, and new vegetation shall not be planted, for
a minimum of 10 feet on each side of every roadway or driveway (whether
public or private) improved, designed or ordinarily used for vehicular
travel, unless otherwise approved by the fire department. This section
shall not apply to single specimens of trees, ornamental shrubbery
or cultivated ground cover such as green grass, ivy, succulents, or
similar plants used as ground cover, provided they do not form a means
of readily transmitting fire.
D. Maintenance.
Installed landscaping and irrigation systems shall be managed and
maintained in conformance with these standards.
(Ord. 461 § 4, 2020)
All landscaping installed in the city of Malibu shall additionally
comply with the State Model Water Efficient Landscape Ordinance (23
California Code of Regulations, Section 490 et seq.), as may be amended,
if applicable. Nothing in this chapter is intended to exempt or excuse
compliance with applicable state standards. In the event of a conflict
between the requirements of this chapter and the State Model Water
Efficient Landscape Ordinance, the more restrictive requirements shall
apply.
(Ord. 494 § 4, 2022)