California's Model Water Efficient Landscape Ordinance (MWELO) under CCR Title 23 sections 490-495 applies in Chino because Chino is required to either adopt a local water-efficient landscape ordinance 'at least as effective as' MWELO or default to the state model under Cal. Gov. Code section 65595. New residential landscapes over 500 square feet and non-residential landscapes over 2,500 square feet must comply. California-native and low-water plants are encouraged, and Civil Code section 4735 forbids HOAs from banning low-water plantings or drought-tolerant replacements of turf.
Under Gov. Code section 65595, Chino must implement landscape water-efficiency standards at least as strict as the state's MWELO (CCR Title 23 sections 490-495). MWELO triggers compliance for: new residential landscapes >= 500 sq ft requiring a permit/plan check; new non-residential landscapes >= 2,500 sq ft; and rehabilitated landscapes >= 2,500 sq ft. Compliant projects must include a Landscape Documentation Package with hydrozone planting, climate-appropriate plant selection, soil-amendment plan, and a Maximum Applied Water Allowance calculation. Chino has historically processed MWELO compliance through Title 20 (Zoning) plan check. Civil Code section 4735 also overrides HOA rules that 'prohibit, or include conditions that have the effect of prohibiting, the use of low water-using plants as a group or as a replacement of existing turf.'
Plan-check denial until landscape documentation package complies; HOA enforcement against drought-tolerant landscape is unenforceable under Civil Code section 4735.
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Chino, CA
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