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HomeMy WebLinkAbout3.4Item 3.4 TOWN OF LOS ALTOS HILLS June 3, 2010 Staff Report to the Plamui lg Conunission SUBJECT: AMENDMENT TO ZONING CODE SECTIONS 10-2.801,10-2.802 AND 10-2.809 (WATER EFFICIENT LANDSCAPE ORDINANCE) FROM: Brian Froelich, AICP, Associate Planner APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Review the staff report and attached ordinance and forward a recommendation to the City Council to adopt a resolution approving the proposed amendments to Sections 10-2.801 and 10-2.802 and 10-2.809 of the Los Altos Hills Municipal Code. BACKGROUND On May 6, 2010 the Planning Commission reviewed the first draft Water Efficient Landscape Ordinance. The Commission directed staff to make text changes and to work on alternative ways to calculate the Parcel Water Budget Formula. DISCUSSION Please find the complete Water Efficient Landscape Ordinance with strikeouts and text changes in Attachment #1. Below is a summary of the text changes: © Page 4 -Definition of Special Landscape Area. A clarification that golf courses, playing fields, and parks under this definition are public facilities. © Page 7 -Subsection (e). Removal of the requirement for a final landscape inspection prior to occupancy of a new residence. Instead, certification documentation will be prepared by the Landscape Architect, Irrigation Designer, or Landscape Contractor and receipt of the documentation will start the 24 -month review period. © Page 8 -Subsection (i) 2. Clarification language that the Town may undertake an outreach program and initiate communications with proportionally high water users. Parcel Water budget The Water Conservation Factor and the use of Lot Unit Factor in the formula were also discussed at the May 6, 2010 Planning Commission meeting. The Town's Water Staff Report to the Planning Commission Water Efficient Landscape Ordinance June 3, 2010 Page 2 of 3 Conservation Committee has forwarded a recommendation of a 0.6 Water Conservation Factor. Following the May 6'�' meeting, the Purissima Hills Water District has written a letter (Attachment #2) suggesting that the Town implement a Water Conservation Factor of 1.0, effectively following the water allowance as provided by the DWR State Model Ordinance. DWR State Foy-mula: MA W,4 = (43.0) (0.62) [(0.7 x LA) + (0.3 x SLA)J The formula has been further amended to remove the Lot Unit Factor and the 120 unit indoor use allowance if a separate landscape/outdoor use meter is installed. The revised formula is calculated as follows: (1) Parcel Water Budget. The project applicant shall submit a Parcel Water Budget (PWB) for the site using the equation below: PWB = [(WC?)(43.0) (0.62) [0.7 x (An-MDA-OSC) + (0.3 x SLA)] / 748] + 120 Where: PWB = Parcel Water Budget (units per year) WC = Water Conservation factor? 43.0 = Reference Evapotranspiration (ETo) in Los Altos Hills, in inches/year 0.62 = Conversion Factor (to gallons) 0.7 = ET Adjustment Factor (ETAF) An = Net Lot Area (square feet) MDA = Maximum Development Area. The maximum development area (in square feet) allowed for the property. OSC = Open Space and Conservation Easements (square feet) 0.3 = Additional water allowance for SLA SLA = Special Landscape Area (square feet) 748 = number of gallons in a unit (100 cubic feet) of water 120 =number of units for indoor water use per property per year, or as may be modified by the Planning Director upon a demonstration of difficulty or unnecessary hardship pursuant to subsection (f). Not applicable if a landscape/outdoor use meter is installed. The Planning Commission may wish to discuss the inclusion or exclusion of a Water Conservation factor (WC) in making a recommendation to the City Council. The following table provides a Parcel Water Budget with varying Water Conservation Factors for a one acre lot with 5% slope: WC 11.0 10.9 10.8 10.7 10.6 PWB units 1709 1638 1567 1496 1425 Staff Report to the Planning Connnission Water Efficient Landscape Ordinance F , June 3, 2010 Page 3 of 3 CONCLUSION The Parcel Water Budget and performance deposit makes the proposed ordinance at least as restrictive as the State's Model Ordinance with regard to maximum water allowance for individual sites. The State Model Ordinance requires additional documentation and cost associated with technical requirements, professional services, and the installation of a dedicated landscape meter. The proposed local ordinance simplifies the State Model Ordinance for property owners and also serves as an educational tool for landscape installation, maintenance, and water use. The State Model Ordinance leaves enforcement to local authorities. The proposed ordinance will be enforced through plan check and through a review of water use two years after project completion. The proposed ordinance will more accurately address the needs of the local community, while being at least as effective as the State Model Ordinance in conserving water. CEOA STATUS The proposed application is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15307 - Actions of Regulatory Agencies for the Protection of Natural Resources and Section 15378(b)(2) — Administrative General Policy Making. ATTACHMENTS 1. Revised Draft Los Altos Hills Water Efficient Landscape Ordinance 2. Purissima Hills Water District Letter dated May 18, 2010 3. May 6, 2010 Planning Commission staff report with attachments: • First Draft Los Altos Hills Water Efficient Landscape Ordinance • State Model Ordinance without Appendices • BAWSCA Template Ordinance without Appendices • Santa Clara Valley Water District Template Ordinance rti Attachment 1 DRAFT -Planning Commission 6/3/2010 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS PURSUANT TO THE CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Town of Los Altos Hills ("Town"). WHEREAS, the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance ("Model Ordinance") was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). WHEREAS, AB 1881 requires cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is "at least as effective as" the Model Ordinance in conserving water. In the event cities and counties do not take such action, the State's Model Ordinance will be deemed to be automatically adopted by statute. WHEREAS, the Council has developed this local Water Efficient Landscape Ordinance to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within the Town in order to ensure that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water. WHEREAS, although this Water Efficient Landscape Ordinance is more streamlined and simplified than the Model Ordinance, the Council finds that it is "at least as effective as" the Model Ordinance because this Ordinance applies a lower maximum Water Allowance to the properties covered by the Model Ordinance. WHEREAS, the San Francisco Public Utilities Commission has imposed an interim water supply limitation on its wholesale customers, including local water suppliers, until at least 2018. WHEREAS, current supply and demand projections for the Bay Area Water Supply and Conservation Agency ("BAWSCA") member agencies indicate that, in the absence of increased water conservation, water demands will exceed available water supplies in 2015 and implementation of water conserving ordinances is one mechanism by which agencies can reduce future water demands and remain within existing supplies. WHEREAS, Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. WHEREAS, pursuant to AB 1881, enforcement of the landscape conservation ordinance adopted by Los Altos Hills will require supportive measures by the local water providers within this jurisdiction, so as to ensure the successful implementation and enforcement of this Ordinance. WHEREAS, the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.) ("CEQK) pursuant to Section 15307 (the activity assures the maintenance, restoration, DRAFT -Planning Commission 6/3/2010 enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and procedures to ensure that water resources are conserved by limiting water consumption. WHEREAS, the adoption and enforcement of this Ordinance is necessary to manage the Town's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the town. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. AMENDMENT OF CODE. Sections 10-2.801, 10-2.802, and 10-2.809 of Article 8 (Landscaping) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: 10-2.801 Purpose The purposes of this article are to create the maximum compatibility of development with the natural environment; to preserve the rural qualities of the Town, to insure that structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; to conserve water resources; and to protect properties against fire and other natural forces. 10-2.802 Landscape Policies Water efficient landscaping. Landscape design, installation, maintenance and management shall be water efficient to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. 10-2.809 Water Efficient Landscaping (a) Applicability. The provisions of this ordinance shall apply to the following: (1) all new construction and rehabilitated landscapes with irrigated landscape areas equal to or greater than 5,000 square feet associated with site development applications for new single family residences; (2) major additions requiring a landscape permit; and (3) any other proposed projects that would require Planning Commission review under this chapter. (b) This ordinance shall not apply to: (1) Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by any applicable public board or commission responsible for architectural review or historic preservation; (2) Ecological restoration or mined -land reclamation projects that do not require a permanent irrigation system; or 2 DRAFT -Planning Commission 6/312010 (3) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public. (c) Definitions. The following definitions are established for the purpose of this article and the meaning and construction of words and phrases is as follows: Applied water means the water supplied by the irrigation system to the landscape. Certified professional means a certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.. Estimated Total Water Use (ETWU) means the total water used for the landscape as described in Section IV "Water Budget Calculations." Evapotranspiration rate means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Hardscapes means any durable material (pervious and non -pervious). Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. Irrigation Efficiency (IE) 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 Ordinance is 70%. Greater irrigation efficiency can be expected from well-designed and maintained systems. Landscape project means the total area comprising the landscapable area, as defined in this Ordinance. Local water purveyor means any entity, including a public agency, city, county, district or private water company that provides retail water service. Lot unit factor (LUF) means the number obtained by dividing the net area in acres of the subject parcel or lot of land by the minimum average lot size that would be required 3 DRAFT -Planning Commission 6/312010 for a parcel of average slope equal to that of the subject parcel, as determined by the formula established in section 10-1.202, of this title. Maximum Parcel Landscape Area (MPLA) means all pervious areas and water features on a property, and does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non -pervious hardscapes. New construction means the construction of a new building or structure containing a landscape or other new land improvement, such as a park, _playground, or greenbelt without an associated building. Overspray means the irrigation water which is delivered beyond the target area. Parcel Water Budget (PWB) means the. upper limit of annual applied water purchased from the local water purveyor for the parcel as specified in Section V "Parcel Water Budget." Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. Pervious means any surface or material that allows the passage of water through the material and into the underlying soil. Plant factor or plant water use factor is a factor, when multiplied by ETo, estimates the amount of water needed by plants. Project applicant means the individual or entity requesting a permit, plan check, or design review from the Town. A project applicant may be the property owner or his or her designee. Reference Evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. Rehabilitated landscape means any re -landscaping project that requires a permit, plan check, design review. Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows away from the irrigated area. Special Landscape Area (SLA) means an area of the landscape dedicated solely to edible plants, areas irrigated with recycled water, water features using recycled water and afeas public facilities dedicated to active play such as parks, sports fields, golf courses, and where turf provides a playing surface. Turf 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. 4 DRAFT -Planning Commission 6/312010 of 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). WUCOLS means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. (d) Standards for Compliance. Projects subject to this section shall be required to submit the following documentation: (1) Parcel Water Budget. The project applicant shall submit a Parcel Water Budget (PWB) for the site using the equation below: PWB = [(WC?)(43.0) (0.62) [0.7 x (An-MDA-OS/CE) + (0.3 x SLA)] / 748] + 120 Where: PWB = Parcel Water Budget (units per year) WC = Water Conservation factor? 43.0 = Reference Evapotranspiration (ETo) in Los Altos Hills, in inches/year 0.62 = Conversion Factor (to gallons) 0.7 = ET Adjustment Factor (ETAF) An = Net Lot Area (square feet) MDA = Maximum Development Area. The maximum development area (in square feet) allowed for the property. OS/CE = Open Space/Conservation Easements (square feet) 0.3 = Additional' water allowance for SLA SLA = Special Landscape Area (square feet) 748 = number of gallons in a unit (100 cubic feet) of water 120 =number of units for indoor water use per property per year, or as may be modified by the .Planning Director upon a demonstration of difficulty or unnecessary hardship. pursuant to subsection (f). Not applicable if a .landscape/outdoor use meter is installed. Example PWB calculation: 1 -acre (43,560 sq ft) lot with 12,000 sq ft of MDA and no Special Landscape Area, Conservation or Open Space Easements: PWB = [43* 0.-62* [0.7* (43,560-12,000) + (0.3*0)] / 748] +120= 907 units/yr (2) Landscape Water Use Calculation. The project applicant shall submit a water budget calculation for how much water the landscape project will need to purchase from its water purveyor. The Landscape Water Use Calculation shall be prepared by, 5 DRAFT -Planning Commission 613/2010 and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by. the State of California to design landscape and irrigation plans. Water budget calculations shall adhere to the following requirements: a. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants (including turf). b. All water features shall be included in the high-water use hydrozone. c. All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. d. Irrigation system efficiency. shall be greater than or equal. to 70%. e. Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum. of the ETWU calculated for all hydrozones shall not exceed the Parcel Water Budget. ETWU= (43 .0)( 0.62) PF x HA + SLA / 748 IE Where: ETWU = Estimated.Total Water Use per year'(units per year) 43.0 = Reference Evapotranspiration in Los Altos Hills; in inches per year 0.62 = Conversion Factor (to.gallons) PF Plant Factor from the Water. Use Classification of Landscape Species HA Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) IE = Irrigation Efficiency (minimum 0.70) 748 = number of gallons in a unit (100 cubic feet) of water Example ETWU calculation: 1 acre of land, no Special Landscape Area, 3000 sq. ft. of turf (PF=0.7), 19,560 sq. ft. of low water use plants (PF=0.3): ETWU = 43*0.62 * ((0.7*3000 / 0.7) + (0.3*19560 / 0.7))/748 = 370 units/year (3) Landscape and Irrigation Plans. The landscape and irrigation plans shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape and irrigation plan, and at a minimum, shall include the following information: a. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), retail water purveyor, and project contacts. 0 DRAFT -Planning Commission 6/3/2010 b. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: i. Symbol (representing the plant on the plan). ii. Common name and botanical name. iii. Container -size. iv. Quantity. v. Type (e.g. grass, succulent, vine, shrub, tree). c. Plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. d. Label and identify each hydrozone as low water, moderate water, high water, or .mixed (low/moderate) water use, as defined by WUCOLS; e. Identify special landscape areas; f. Identify all landscaping required for screening and erosion control pursuant to Section 10-2.802. g. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, qui& couplers, pressure regulators, and backflow prevention devices; h. Static water pressure at the point of connection to the public water supply; i. Flow rate (gallons. per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; j. Irrigation schedule; k. The following statement on the plans cover sheet: "This plan complies with the criteria of the Water Efficient Landscaping Ordinance and applies them accordingly for the efficient use of water in this irrigation design plan." (e) Certificate of Completion on GeMplianGe with the Feelmmi-ements of this men+inr� plans, ��o„- The certification documentation shall be prepared by. the project Landscape Architect, Irrigation Designer, or Landscape Contractor and include the following statement: "The landscape and irrigation system has, been installed as specified in the landscape design plan and complies with the criteria of the ordinance and the permit." Receipt of the certification documentation will begin the 24 month period described in subsection (f) of this Ordinance. 7 = ti DRAFT -Planning Commission 6/312010 (f) Exceptions. The Planning Director shall have the discretion .to grant exceptions to the strict application of subsection (e); or to the 120 unit allocation for yearly indoor water use in cases where, due to exceptional conditions involved, a literal enforcement of the provisions of this chapter would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall . be granted unless the Planning Director shall find that the granting of such exception will not be contrary to the intent of the provisions of this chapter. (g) Deposit Required; Forfeiture of Deposit. Anyone who is subject to the requirements of this ordinance shall submit a deposit or other security deemed satisfactory by the .Planning, Director. ' Two. years after the final inspection of any landscaping project subject to the provisions herein, the property owner shall furnish to the Town 24 months of water use and billing data from the subject property's water purveyor. If the site water usage exceeds the estimated PWB,, the deposit shall be held for an additional 12 months. At the end of the additional 12 month period, the property owner shall provide the Town with the previous 12 months of water. use and billing data from the subject property's water purveyor. If the water usage still exceeds the estimated PWB, the deposit shall be forfeited to the Town, in full. All Town.staff time and materials expended to ensure compliance with this section will be deducted from the deposit. Any remaining amounts from a forfeited deposit shall be utilized to further the purposes of this section. (h) Stormwater and Well Water. Implementing stormwater best management practices into landscape -and grading design plans to minimize runoff and to increase on-site retention and infiltration is encouraged. Well water and retained water does not count toward the Parcel Water Budget defined in subsection (d)(1). (i) Public Education 1. The Town shall provide information to all planning and building department applicants regarding the design, installation, management, and maintenance of water efficient- landscapes. 2. Starting on January 1, 2012, the Town may, in conjunction with water purveyors, develop and administer a pilot program to au& review existing landscapes equal to or over one acre in size and with rwater use thatexceeds the property's Parcel Water Budget by 80%. The program may include, bUt R9t limited to l.,,,d-,..,..,.:.. ,.,* GR a FFigatieR water use analysis, iFFigatmeR audits, iFFi9atieR supleys ai;d wateF budget an outreach program to assist property owners in compliance with the property's Parcel Water Budget. 2. SEVERABILITY. _If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, -paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Pursuant to the provisions of Government Code Section 36933, a I DRAFT -Planning Commission 613/2010 summary of this ordinance shall be prepared by the City Council's designee. At least five (5) days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: M ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1420228.1 Mayor E rissi a Hills Wai'-,er District 26375 Fremont Road Tel (650) 948 - Los Altos Hills, CA 94022 Fax. (650) 948 Attachment 2 May 18, 2010 Mr. John Harpootlian, Planning Commissioner Chair, Water Conservation Committee Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California 94022 Dear Mr. Harpootlian: I write on behalf of the Purissima Hills Water District Board of Directors to thank you for attending and participating in the discussion at our May 12 Board meeting. We thought the discussion was informative and productive. The PHWD supports the Town of Los Altos Hills' objective to adopt a water efficient landscape ordinance that promotes water conservation that is at least as effective as the model DWR ordinance. PHWD has been working hard for many years to encourage water conservation within its boundaries. We appreciate the efforts of the Town Water Conservation Committee to analyze alternatives that meet the goals of the Town.: Furthermore, we are pleased that PHWD directors and staff have been involved in the process. Our Board reviewed the presentation you gave to the Planning Commission on May 6, 2010. Our Board respectfully requests that the specific references to PHWD be removed if this presentation will be given in the future and that all other presentations regarding the Town's water conservation ordinance refrain from singling out PHWD. Our Board makes this request for the following reasons: (1) the PHWD individual supply guarantee is not the reason why the Town must adopt an ordinance; (2) PHWD is only one of two water providers within the Town's jurisdiction, and there is no reference to the other water provider in the presentation; and (3) the Town, not PHWD, has a duty to comply with AB 1881. We provide alternative wording for your presentation that achieves the same objectives without specifically referring to PHWD: Page 5, revise last bullet point to state as follows: "In part due to the one acre minimum lot size, property owners within LAH use significantly more water than property owners in neighboring jurisdictions, and MWELO formulas are calibrated for lot sizes smaller than in LAH." Page 11: (1) delete second to last bullet point; and (2) revise last bullet point to read as follows: "The WCC is recommending a WC of [fill in updated figure that staff will help WCC calculate after LUF is removed from formula], because of the town's large lot sizes and the challenges LAH faces in reducing its water usage to conform to regional and state constraints, such as*the S67 mandate to reduce per capita urban water use by 20% by the year 2020." Service to The Hills, Since 1955 Mr. John Harpootlian May 18, 2010 Page 2 You asked our Board to recommend a water conservation factor for the Town's ordinance. This is a decision for the Town Council to make. That said, we appreciate the invitation to provide input for the Town Council to consider. Our Board suggests a water conservation factor of 1.0. Our thought is that (1) it meets the requirement of being at least as effective as AB 1881; (2) the process of setting "water budgets" for the residents of the Town is new, and that it would be best to start conservatively and monitor how this process works for the Town and its residents; (3) for new properties that might go over the generous 1.0 WC limit, the ordinance will become immediately effective and will therefore be good test cases of how the ordinance will be applied and..exercised; (4) there is no urgent need to establish significantly restrictive water budgets given the recent wet weather; (5) that, at least for PHWD customers, the tiered pricing structure and other PHWD public outreach efforts have already resulted in substantial water conservation; and (6) after monitoring the impact of establishing water budgets for a period of time, the Town can update its ordinance and impose a more restrictive water conservation factor if necessary to advance the Town's objectives. Again, the PHWD supports measures that will promote water conservation within its boundaries, particularly with regard to outdoor use. The PHWD looks forward to continuing to work and coordinate with the Town and its representatives to achieve these goals, especially in the land use planning arena where the Town has extensive authority to regulate development, such as landscaping, that directly impact outdoor water use. Please do not hesitate to contact me if you would like to discuss this matter further. Sincerely, Gary Waldeck President, Board of Directors cc: Town of Los Altos Hills Planning Commission Carl Cahill, Town Manager Patrick Walter, PHWD General Manager Purissima Hills Water District Board of Directors Attachment 3 TO NVN OF TOS ALTOS HILLS May 6, 2010 Staff Report to the Planning Collu- ssion SUBJECT: AMENDMENT TO ZONING CODE SECTIONS 10-2.801,10-2.802 AND 10-2.809 (WATER EFFICIENT LANDSCAPE ORDINANCE) FROM: Brian Froelich, AICP, Associate Planner APPROVED BY: Debbie Pedro, AICP, Planning Director RECOMMENDATION: That the Planning Commission: Review the staff report and attached ordinance, consider any revisions, and forward a recommendation to the City Council to adopt a resolution approving the proposed amendments to Sections 10-2.801 and 10-2.802 and 10-2.809 of the Los Altos Hills Municipal Code. BACKGROUND 111 2006 the State of California revised the Vater Conservation in Landscaping Act (AB 1881, Laird). AB 1881 required the Department of Water Resources (DWR) to update the State Model Water Efficient Landscape Ordinance (Model Ordinance). The updated Model Ordinance contains several new landscape and irrigation design requirements that reduce water consumption and waste in landscape irrigation. All California local government agencies are required to adopt the Model Ordinance or develop a local ordinance that is at least as effective. If local agencies take no action, the DWR Model Ordinance automatically becomes effective in January 2010 by statute. (Attachment 2) Objectives of AB 1881 and the DWR model ordinance: 1. Encourage appropriate use of plants 2. Establish "water budgets" for properties 3. Require automatic irrigation systems and schedules 4. Require soil assessment / soil management 5. Promote use of, and manage, recycled water resources 6. Minimize overspray and runoff In December 2009, the Bay Area Water Supply and Conservation Agency (BAWSCA) created a template ordinance that can be utilized by jurisdictions to comply with the new State regulations. (Attachment 3) BAWSCA is a regional agency that represents the interests of 24 cities (including Los Altos Hills) and water districts, and two private utilities, in Alameda, Santa Clara and San Mateo counties that purchase water on a wholesale basis from the San Francisco regional water system. Staff Report to the Planning Commission Water Efficient Landscape Ordinance May 6, 2010 Page 2 of 4 In January 2010, another template ordinance was developed by the Santa Clara Valley Water District's (SCVWD) Water Conservation Subcommittee, a working group of planning and conservation representatives for jurisdictions within the Santa Clara Valley Water District service area. (Attachment 4) Each agency has full latitude to modify the BAWSCA or SCVWD Template Ordinance to suit the particulars of its local jurisdiction. It is expected that local agencies will make their own adaptation to the DWR, BAWSCA, or SCVWD ordinances. However, the Ordinance that an agency adopts must, by state law, be at least as effective as the DWR Model Ordinance in terms of conserving water. DISCUSSION On February 26, 2009, the City Council formed a Water Conservation Committee to address the requirements of AB1881. Over the past twelve months, the Committee has worked on an alternative ordinance that is easier to interpret and administer and at least as effective as the State's Model Ordinance. (Attachment 1) The proposed ordinance addresses the objectives of the State's Model Ordinance by incorporating water efficient landscape requirements into the Zoning Ordinance. The proposed ordinance is at least as effective as the State's Model Ordinance primarily due to the inclusion of a Water Conservation (WC) Factor and consideration of topography in the Parcel Water Budget formula. Key issues of the Town's proposed ordinance are described below. Applicability The proposed Water Efficient Landscape Ordinance (Attachment #1) will apply to all newly installed and rehabilitated irrigated landscape areas equal to or greater than 5,000 square feet associated with site development applications for new single family residences and major additions requiring a landscape screening permit. The proposed Ordinance differs from the State's Model Ordinance in the following ways: o Tailored to regional climate, topography, development patterns. ® Adjusted water conservation goals to better accommodate local water supply and demands Simplified to be easier to understand and implement than state (DWR) model Submittal Requirements In addition to the typical landscape screening plans currently reviewed in association with major projects, the a o Staff Report to the Planning Cormuission Water Efficient Landscape Ordinance " May 6, 2010 Page 3 o'14 project applicant will be required to provide the following: e Landscape and Irrigation Plan for the project site o Calculation of the site's Parcel Water Budget (maximum allowable use) ® Calculation of the proposal's Landscape Water Use Calculation (forecasted use) ® All landscape plans subject to the ordinance must be prepared by a State of California Licensed Landscape Architect o Certification of installation by State of California Licensed Landscape Architect Enforcement of Ordinance The State and BAWSCA Model Ordinances leave enforcement to local authorities. "§ 492.2 Penalties. (a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law. " The Committee proposes enforcement through an audit of water use, two years after project completion. The audit would be performed in conjunction with refund of the Landscape Maintenance Deposit (typically $5,000). The Town would request the property's water bills and compare the actual water use with the established Parcel Water Budget. If the use exceeded the PWB then the deposit would be held for an additional year. The same audit would be performed at the end of that additional year and the deposit would be forfeited, in full, if the water use still exceeded the PWB. Relationship to State Model Ordinance LAH STATE Water conservation factor Yes No Separate meter for landscape No Yes PWB formula accounts for indoor water use Yes No PWB formula based on site size and slope Yes No Soil management report No Yes Irrigation scheduling No Yes Certificate of completion Yes Yes Enforcement Plan check and water bill audit Irrigation audit and certification Staff Report to the Planning Commission Water Efficient Landscape Ordinance May 6, 2010 Page 4 of 4 Public Comments A Townwide postcard notice for the proposed ordinance amendment was mailed on April 16, 2010. The draft ordinance was also forwarded to Purissima Hills Water District, California Water Company, as well as several landscape professionals for comments. The comments from the water purveyors and landscape professionals have been incorporated in the proposed ordinance. CONCLUSION The introduction of a Water Conservation Factor and accounting for topography makes the proposed ordinance at least as restrictive as the State's Model Ordinance with regard to maximum water allowance for individual sites. The State Model Ordinance requires more documentation and additional cost associated with technical requirements, professional services, and the installation of a dedicated landscape meter. The proposed local ordinance simplifies the State Model Ordinance for property owners and also serves as an educational tool for landscape installation, maintenance, and water use. The State Model Ordinance leaves enforcement to local authorities. The proposed ordinance will be enforced through plan check and through an audit, two years after project completion. The proposed ordinance will more accurately address the needs of the local community, while being at least as effective as the State Model Ordinance in conserving water. CEQA STATUS The proposed application is exempt from California Environmental Quality Act (CEQA) pursuant to Section 15307 - Actions of Regulatory Agencies for the Protection of Natural Resources and Section 15378(b)(2) — Administrative General Policy Making. ATTACHMENTS 1. Draft Los Altos Hills Water Efficient Landscape Ordinance 2. State Model Ordinance without Appendices 3. BAWSCA Template Ordinance without Appendices 4. Santa Clara Valley Water District Template Ordinance Attaclzm.ent 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ESTABLISHING WATER EFFICIENT LANDSCAPE REGULATIONS PURSUANT TO THE CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Town of Los Altos Hills ("Town"). WHEREAS, the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance ("Model Ordinance") was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). WHEREAS, AB 1881- requires cities and counties, no later than January 1, 2010, to adopt the updated Model Ordinance or an equivalent document which is "at least as effective as" the Model Ordinance in conserving water. In the event cities and counties do not take such action, the State's Model Ordinance will be deemed to be automatically adopted by statute. WHEREAS, the Council has developed this local Water Efficient Landscape Ordinance to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within the Town in order to ensure that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water. WHEREAS, although this Water Efficient Landscape Ordinance is more streamlined and simplified than the Model, Ordinance, the Council finds that it is "at least as effective as" the Model Ordinance because this Ordinance applies a lower maximum Water Allowance to the properties covered by the Model Ordinance. WHEREAS, the San Francisco Public Utilities Commission has imposed an interim water supply limitation on its wholesale customers, including local water suppliers, until at least 2018. WHEREAS, current supply and demand projections for the Bay Area Water Supply and Conservation Agency ("BAWSCA") member agencies indicate that, in the absence of increased water conservation, water' demands will exceed available water supplies in 2015 and implementation of water conserving ordinances is one mechanism by which agencies can reduce future water demands and remain within. existing supplies. WHEREAS, Article XI, Section 7 of the county may make and enforce within its limits and regulations not in conflict with general laws. California Constitution declares that a city or all local, policy, sanitary, and other ordinances WHEREAS, pursuant to AB 1881, enforcement of the landscape conservation ordinance adopted by Los Altos Hills will require supportive measures by the local water providers within this jurisdiction, so as to ensure the successful implementation and enforcement of this Ordinance. WHEREAS, the City Council finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.) ("CEQA") pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the State CEOA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and procedures to ensure that water resources are conserved by limiting water consumption. WHEREAS, the adoption and enforcement of this Ordinance is necessary to manage the Town's potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the town. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public'health, safety and welfare. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does hereby ORDAIN as follows: 1. AMENDMENT OF CODE. Sections 10-2.801, 10-2.802, and 10-2.809 of Article 8 (Landscaping) of Chapter 2 (Site Development) of Title 10 (Zoning and Site Development) of the Los Altos Hills Municipal Code is hereby amended to read as follows: 10-2.801 Purpose The purposes of this article are to create the maximum compatibility of development with the natural environment; to preserve the rural qualities of the Town, to insure that structures, as viewed from off-site, blend harmoniously with the natural landscape and are unobtrusive; to maintain soil stability, to abate noises; to protect wildlife habitats; to retain aesthetic quality; to conserve water resources; and to protect properties against fire and other natural forces. 10-2.802 Landscape Policies Water efficient landscaping. Landscape design, installation, maintenance and management shall be water efficient to promote the conservation and efficient use of water and to prevent the waste of this valuable resource. 10-2.809 Water Efficient Landscaping (a) ,applicability. The provisions of this ordinance shall apply to the following: (1) all new construction and rehabilitated landscapes with irrigated landscape areas equal to or greater than 5,000 square feet associated with site development applications for new single family residences; (2) major additions requiring a landscape permit; and (3) any other proposed projects that would require Planning Commission review under this chapter. (b) This ordinance. shall not apply to: (1) Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by any applicable public board or commission responsible for architectural review or historic preservation; (2) Ecological restoration or mined -land reclamation projects that do not require a permanent irrigation system; or (3) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public. PJ (c) Definitions. The following definitions are established for the purpose of this article and the meaning and construction of words and phrases is as follows: Applied water means the water supplied by the irrigation system to the landscape. Certified professional means a certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. Ecological restoration project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Estimated Total Water Use (ETWU) means the total water used for the landscape as described in Section IV "Water Budget Calculations." Evapotranspiration rate means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. liardscapes means any durable material (pervious and non -pervious). liydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. Invasive plant species means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. Irrigation Efficiency (IE) 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 Ordinance is 70%. Greater irrigation efficiency can be expected from well-designed and maintained systems. Landscape project means the total area comprising the landscapable area, as defined in this Ordinance. Local water purveyor means any entity, including a public agency, city, county, district or private water company that provides retail water service. Lot unit factor (LUF) means the number obtained by dividing the net area in acres of the subject parcel or lot of land by the minimum average lot size that would be required for a parcel of average slope equal to that of the subject parcel, as determined by the formula established in section 10-1.202, of this title. T Maximum Parcel Landscape Area (MPLA) means all pervious areas and water features on a property, and does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non -pervious hardscapes. New construction means the construction of a new building or structure containing a landscape or other new land improvement, such as a park, playground, or greenbelt without an associated building. Overspray means the irrigation water which is delivered beyond the target area. Parcel Water Budget (PWB) means the upper limit of annual applied water purchased from the local water purveyor for the parcel as specified in Section V "Parcel Water Budget." Permit means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. Pervious means any surface or material that allows the passage of water through the material and into the underlying soil. Plant factor or plant water use factor is a factor, when multiplied by ETo, estimates the amount of water needed by plants. Project applicant means the individual or entity requesting a permit, plan check, or design review from the Town. A project applicant may be the property owner or his or her designee. Reference Evapotranspiration or ETo means a standard measurement of environmental parameters which affect the water use of plants. Rehabilitated landscape means any re -landscaping project that requires a permit, plan check, design review. Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows away from the irrigated area. Special Landscape Area (SLA) means an area of the landscape dedicated solely to edible plants, areas 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. Turf 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. 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). CI (d) WU.UC®LS means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. Standards for Compliance. Projects subject to this section shall be required to submit the following documentation: (1) Parcel Water Budget. The project applicant shall submit a Parcel Water Budget (PWB) for the site using the equation below: PWB =[ (WC) (43.0) (0.62) [0.7 x (LUF*43560-MDA) + (0.3 x SLA)] 1748 ] + 120 Where: PWB = Parcel Water Budget (units per year) WC = Water Conservation Factor: 0.6. This factor reduces the AB1881 allowance because lots in the Town are larger than in most municipalities 43.0 = Reference Evapotranspiration (ETo) in Los Altos Hills, in inches/year 0.62 = Conversion Factor (to gallons) 0.7 = ET Adjustment Factor (ETAF) LUF = Lot Unit Factor MDA = Maximum Development Area. The maximum development area (in square feet) allowed for the property. 0.3 = Additional water allowance for SLA SLA = Special Landscape Area (square feet) 748 = number of gallons in a unit (100 cubic feet) of water 120 =number of units for indoor water use per property per year, or as may be modified by the Planning Director upon a demonstration of difficulty or unnecessary hardship pursuant to subsection (f). Example PWB calculation: 1 -acre (43,560 sq ft) lot, 12,000 sq ft of MDA, no Special Landscape Area, LUF (0.8) after first-year establishment: PWB = [0.6* 43* 0.62* [0.7* (0.8*43,560-12,000) + (0.3*0)] / 748]+120= 462 units/yr 5 r (2) Landscape Water Use Calculation. The project applicant shall submit a water budget calculation for how much water the landscape project will need to purchase from its water purveyor. The Landscape Water Use Calculation shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design landscape and irrigation plans. Water budget calculations shall adhere to the following requirements: a. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants (including turf). b. All water features shall be included in the high water use hydrozone. c. All Special Landscape Areas (SLA).'shall be identified and their water use included in the water budget calculations. d. Irrigation system efficiency shall be greater than or equal to 70%. e. Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the Parcel Water Budget. ETWU= (43.0)(0.62)�PFIEH`4 +SLA J/748 Where: ETWU = Estimated Total Water Use per year (units per year) 43.0 = Reference Evapotranspiration in Los Altos Hills, in inches per year 0.62 = Conversion Factor (to gallons) PF = Plant Factor from the Water Use Classification of Landscape Species HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) IE = Irrigation Efficiency (minimum 0.70) 748 = number of gallons in a unit (100 cubic feet) of water Example ETWU calculation: 1 acre of land, no Special Landscape Area, 3000 sq. ft. of turf (PF=0.7), 19,560 sq. ft. of low water use plants (PF=0.3): ETWU = 43*0.62 * ((0.7*3000 / 0.7) + (0.3*19560 / 0.7))/748 = 370 units/year (3) Landscape and Irrigation Plans. The landscape and irrigation plans shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape and irrigation plan, and at a minimum, shall include the following information: 0 a. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), retail water purveyor, and project contacts. b. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: i. Symbol (representing the plant on the plan). ii. Common name and botanical name. iii. Container size. iv. Quantity. v. Type (e.g. grass, succulent, vine, shrub, tree). c. Plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. d. Label and identify each hydrozone as low water, moderate water, high water, or mixed (low/moderate) water use, as defined by WUCOLS; e. Identify special landscape areas; f. Identify all landscaping required for screening and erosion control pursuant to Section 10-2.802. g. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; h. Static water pressure at the point of connection to the public water supply; i. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; j. Irrigation schedule; k. The following statement on the plans cover sheet: "This plan complies with the criteria of the Water Efficient Landscaping Ordinance and applies them accordingly for the efficient use of water in this irrigation design plan." (e) Final Inspection and Occupancy. Prior to final inspection and occupancy for applicable projects, a certified professional shall provide documentation that certifies that the required landscaping has been installed in accordance with the approved landscape plans, in compliance with the requirements of this section. The certification documentation shall include the following statement: "The landscape and irrigation system has been installed as specified in the landscape design plan and complies with the criteria of the ordinance and the permit." 7 (f) Exceptions. The Planning Director shall have the discretion to grant exceptions to the strict application of subsection (e), or to the 120 unit allocation for yearly indoor water use in cases where, due to exceptional conditions involved, a literal enforcement of the provisions of this chapter would result in practical difficulties or unnecessary hardships; provided, however, no such exceptions shall be granted unless the Planning Director shall find that the granting of such exception will not be contrary to the intent of the provisions of this chapter. (g) Deposit Required; Forfeiture of Deposit, Anyone who is subject to the requirements of this ordinance shall submit a deposit or other security deemed satisfactory by the Planning Director. Two years after the final inspection of any landscaping project subject to the provisions herein, the property owner shall furnish to the Town 24 months of water use and billing data from the subject property's water purveyor. If the site water usage exceeds the estimated PWB, the deposit shall be held for an additional 12 months. At the end of the additional 12 month period, the property owner shall provide the Town with the previous 12 months of water use and billing data from the subject property's water purveyor. If the water usage still exceeds the estimated PWB, the deposit shall be forfeited to the Town, in full. All Town staff time and materials expended to ensure compliance with this section will be deducted from the deposit. Any remaining amounts from a forfeited deposit shall be utilized to further the purposes of this section. (h) Stormwater and Well Water. Implementing stormwater best management practices into landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration is encouraged. Well water and retained water does not count toward the Parcel Water Budget defined in subsection (d)(1). (i) Public Education 1. The Town shall provide information to all planning and building department applicants regarding the design, installation, management, and maintenance of water efficient landscapes. 2. Starting on January 1, 2012, the Town may, in conjunction with water purveyors, develop and administer a program to audit existing landscapes equal to or over one acre in size as well as those properties with water use that exceeds the property's Parcel Water Budget by 80%. The program may include, but not limited to, landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the property's Parcel Water Budget. 2. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. 3. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the City Council's designee. At least five (5) N days prior to the Council meeting at which this ordinance is scheduled to be adopted, the City Clerk shall (1) publish the summary in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the City Clerk shall (1) publish the summary -in a newspaper of general circulation, and (2) post in the City Clerk's Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. INTRODUCED: PASSED: AYES: NOES: ABSTENTIONS: ABSENT: L3'0 ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 1420228.1 Mayor 9 Attaclunent 2 Model Wafer Efficient Landscape Ordinance September 10, 2909 Index Page 490. Purpose 1 490.1 Applicability 1 491. Definitions 2 492. Provisions for New Construction or Rehabilitated Landscapes 6 492.1 Compliance with Landscape Documentation Package 6 492.2 Penalties 6 492.3 Elements of the Landscape Documentation Package 7 492.4 Water Efficient Landscape Worksheet 7 492.5 Soil Management Report 10 492.6 Landscape Design Plan 10 492.7 Irrigation Design Plan 12 492.8 Grading Design' Plan 14 492.9 Certificate of Completion 15 492.10 Irrigation Scheduling 15 492.11 Landscape and Irrigation Maintenance Schedule 16 492.12 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis 16 492.13 Irrigation Efficiency 17 492.14 Recycled Water 17 492.15 Stormwater Management 17 492.16 Public Education 17 492.17 Environmental Review 18 493. Provisions for Existing. Landscapes 18 493.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis 18 493.2 Water Waste Prevention 18 494. Effective Precipitation 18 Appendices 19 Appendix A. Reference Evapotranspiration (ETo) Table 19 Appendix B. Sample Water Efficient Landscape Worksheet 28 Section B1. Maximum Applied Water Allowance (MAWA) 29 Section B2. Estimated Total Water Use (ETWU) 30 Appendix C. Sample Certificate of Completion 31 California Code of Regulations Title 23. Waters Division 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance § 490. Purpose. (a) The State Legislature has found: (1) that the waters of the state are of limited supply and are subject to ever increasing demands; (2) that the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses; (3) that 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) that 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; and (5) that landscape design, installation, maintenance and management can and should be water efficient; and (6) that Section 2 of Article X 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. (b) Consistent with these legislative findings, the purpose of this model ordinance is 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 structure for planning, designing, installing, 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; (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; (5) promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; (6) encourage local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered -rate structure; and (7) encourage local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance. Note: Authority cited: Section 65593, Government Code. Reference: Sections 65591, 65593, 65596, Government Code. § 490.1 Applicability (a) After January 1, 2010, this ordinance shall apply to all of the following landscape projects: (1) new construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review; (2) new construction and rehabilitated landscapes which are developer -installed in single-family and multi -family projects with a landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; (3) new construction landscapes which are homeowner -provided and/or homeowner -hired in single- family and multi -family residential projects with a total project landscape area equal to or greater than 5,000 square feet requiring a building or landscape permit, plan check or design review; (4) existing landscapes limited to Sections 493, 493.1 and 493.2; and (5) cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 492.4, 492.11 and 492.12; and existing cemeteries are limited to Sections 493, 493.1 and 493.2. (b) This ordinance 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. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 491. Deflnitions. The terms used in this ordinance have the meaning set forth below: (a) "applied water" means the portion of water supplied by the irrigation system to the landscape. (b) "automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather -based) or soil moisture data. (c) "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. (d) "Certificate of Completion" means the document required under Section 492.9. (e) "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. (f) "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. (g) "check valve" or "anti -drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off. (h) "common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351. (i-) "conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year 0) "drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (k) "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. (1)"effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. (m) "emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil. (n) "established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth. 2 (o) "establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. (p) "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section 492.4. (q) "ET adjustment factor" (ETAF) means a factor of 0.7, 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. A combined plant mix with a site -wide average of 0.5 is the basis of the plant factor portion of this calculation. For purposes of the ETAF, the average irrigation efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non -rehabilitated landscapes is 0.8. (r) "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. (s) "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. (t) "hardscapes" means any durable material (pervious and non -pervious). (u) "homeowner -provided landscaping" 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 ordinance, -is a person who occupies the dwelling he or she owns. This excludes speculative homes, which are not owner -occupied dwellings. (v) "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. (w) "infiltration rate" means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour). (x)"invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and. identified on a Regional District noxious weed control list. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. (y) "irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation .audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. (z) "irrigation efficiency" (IE) 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 ordinance is 0.71. Greater irrigation efficiency can be expected from well designed and maintained systems. (aa) "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. (bb) "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. (cc) "landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5.615. (dd) "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or 3 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). (ee) "landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems. (fo "Landscape Documentation Package" means the documents required under Section 492.3. (gg) "landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this ordinance, meeting requirements under Section 490.1. (hh) "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. (ii) "local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project. Oj) "local water purveyor" means any entity, including a -public agency, city, county, or private water company that provides retail water service. (kk) "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. (11) "main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet. (mm) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall.not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. (nn) "microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces. (oo) "mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. (pp) "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. (qq) "new construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building. (rr) "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. (ss) "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). (tt) "overspray" means the irrigation water which is. delivered beyond the target area. (uu) "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. (vv) "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. (ww) "plant factor" or "plant water use factor" is a factor , when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for low water 91 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 ordinance are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species". (xx) "precipitation rate" means the rate of application of water measured in inches per hour. (yy) "project applicant" means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee. (zz) "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. (aaa) "record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor. (bbb) "recreational area" means areas dedicated to active play such as parks, sports fields, and golf courses where turf provides a playing surface. (ccc) "recycled water", "reclaimed water", or "treated sewage effluent water" 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. (ddd) "reference evapotranspiration" or . "BTo" means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Section 495.1, 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 Allowance so that regional differences in climate can be accommodated. (eee) "rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490. 1, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year. (fff) "runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. (ggg) "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. (hhh) "soil texture" means the classification of soil based on its percentage of sand, silt, and clay. (iii)"Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas 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. (jjj) "sprinkler head". means a device which delivers water through a nozzle. (kkk) "static water pressure" means the pipeline or municipal water supply pressure when water is not flowing. (111) "station" means an area served by one valve or by a set of valves that operate simultaneously. (mmm) "swing joint" means an irrigation component that provides a flexible, leak -free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage. (nnn) "turf' 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. (000) "valve" means a device used to control the flow of water in the irrigation system. (ppp) "water conserving plant species" means a plant species identified as having a low plant factor. (qqq) "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 k, 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 or stormwater best management practices that are not irrigated and used solely tir water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation. (rrr) "watering window" means the time of day irrigation is allowed. (sss) "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. Note: Authority Cited: Section 65595, Government Code. Reference: Sections 65592, 65596, Government Code. § 492. Provisions for New Construction or Rehabilitated Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.1 Compliance with Landscape (Documentation ]Package. (a) Prior to construction, the local agency shall: (1) provide the project applicant with the ordinance and procedures for permits, plan checks, or design reviews; (2) review the Landscape Documentation Package submitted by the project applicant; (3) approve or deny the Landscape Documentation Package; (4) issue a permit or approve the plan check or design review for the project applicant; and (5) upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. (b) Prior to construction, the project applicant shall: (1) submit a Landscape Documentation Package to the local agency. (c) Upon approval of the Landscape Documentation Package by the local agency, the project applicant shall: (1) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion; (2) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and (3) subunit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.2 Penalties. (a) A local agency may establish and administer penalties to the project applicant for non-compliance with the ordinance to the extent permitted by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. M § 492.3 Elements of the Landscape Documentation Package. (a) The Landscape Documentation Package shall include the following six (6) elements: (1) project information; (A) date (B) project applicant (C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet) (E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner -installed) (F) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well (G) checklist of all documents in Landscape Documentation Package (H) project contacts to include contact information for the project applicant and property owner (1) applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package". (2) Water Efficient Landscape Worksheet; (A) hydrozone information table (B) water budget calculations 1. Maximum Applied Water Allowance (MAWA) 2. Estimated Total Water Use (ETWU) (3) soil management report; (4) landscape design plan; (5) irrigation design plan; and (6) grading design plan. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.4 Water Efficient Landscape Worksheet. (a) A project applicant shall complete the Water Efficient Landscape Worksheet which contains two sections (see sample worksheet in Appendix B): (1) a hydrozone information table (see Appendix B, Section A) for the landscape project; and (2) a water budget calculation (see Appendix B, Section B) for the landscape project. For the calculation of the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999. (b) Water budget calculations shall adhere to the following requirements: (1) The plant factor used shall be from WUCOLS. The plant factor ranges from 0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. (2) All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone. (3) All Special Landscape Areas shall be identified and their water use calculated as described below. (4) ETAF for Special Landscape Areas shall not exceed 1.0. (c) Maximum Applied Water Allowance The Maximum Applied Water Allowance shall be calculated using the equation: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] rA The example. calculations below are hypothetical to demonstrate proper use of the equations and do riot represent an existing and/or planned landscape project. The ETo values used in these calculations are from the Reference Evapotranspiration Table in Appendix A, for planning purposes only. For actual irrigation scheduling, automatic irrigation controllers are required and shall use current reference evapotranspiration data, such as from the California Irrigation Management Information System (CIMIS), other equivalent data, or soil moisture sensor data. (1) Example MAWA calculation: a hypothetical landscape project in Fresno, CA with an irrigated landscape area of 50,000 square feet without any Special Landscape Area (SLA= 0, no edible plants, recreational areas, or use of recycled water). To calculate MAWA, the annual reference evapotranspiration value for Fresno is 51.1 inches as listed in the Reference Evapotranspiration Table in Appendix A. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to. gallons) 0.7 = ET Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 0)] = 1,108,870 gallons per year To convert from gallons per year to hundred -cubic -feet per year: = 1,108,870/748 = 1,482 hundred -cubic -feet per year (100 cubic feet= 748 gallons) (2) In this next hypothetical example, the landscape project in Fresno, CA has the same ETo value of 51.1 inches and a total landscape area of 50,000 square feet. Within the 50,000 square foot project, there is now a 2,000 square foot area planted with edible plants. This 2,000 square foot area is considered to be a Special Landscape Area. MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] MAWA = (51.1 inches) (0.62) [(0.7 x 50,000 square feet) + (0.3 x 2,000 square feet)] = 31.68 x [35,000 + 600] gallons per year = 31.68 x 35,600 gallons per year =1,127,808 gallons per year or 1,508 hundred -cubic -feet per year (d) Estimated Total Water Use. The Estimated Total Water Use shall be calculated using the equation below. The sum of the Estimated Total Water Use calculated for all hydrozones shall not exceed MAWA. ETTVU = (ETo)(0.62)PF A + SLA ITE Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (see Section 491) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.71) (1) Example ETWU calculation: landscape area is 50,000 square feet; plant water use type, plant factor, and hydrozone area are shown in the table below. The ETo value is 51.1 inches per year. There are no Special Landscape Areas (recreational area, area permanently and solely dedicated to edible plants, and area irrigated with recycled water) in this example. Hydrozone Plant Water Use Type(s) Plant Factor (PF* Hydrozone Area (HA) (square feet PF x HA (square feet 1 High 0.8 7,000 5,600 2 High 0.7 10,000 7,000 3 Medium 0.5 16,0.00 8,000 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 Sum 24,700 *Plant Factor from WUCOLS ETWU= (51.1)(0.62) 24,700 +0 0.71 = 1,102,116 gallons per year Compare ETWU with MAWA: For this example MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 0)] _ 1,108,870 gallons per year. The ETWU (1,102,116 gallons per year) is less than MAWA (1,108,870 gallons per year). In this example, the water budget complies with the MAWA. (2) Example ETWU calculation: total landscape area is 50,000 square feet, 2,000 square feet of which is planted with edible plants. The edible plant area is considered a Special Landscape Area (SLA). The reference evapotranspiration value is 51.1 inches per year. The plant type, plant factor, and hydrozone area are shown in the table below. Hydrozone Plant Water Use Type(s)) Plant Factor (PF)* Hydrozone Area (HA) (square feet) PF x HA (square feet) 1 High 0.8 7,000 5,600 2 High 0.7 9,000 6,300 3 Medium 0.5 15,000 7,500 4 Low 0.3 7,000 2,100 5 Low 0.2 10,000 2,000 'Sum 23,500 6 SLA 1.0 2,000 2,000 *Plant Factor from WUCOLS ETWU = (51.1)(0.62)23,500 +2,000 0.71 _ (31.68) (33,099 + 2,000) = 1,111,936 gallons per year 9 Compare E T WU with MAWA. For this example- MAWA = (51.1) (0.62) [(0.7 x 50,000) + (0.3 x 2,000)] = 31.68 x 135,000 + 600] = 31.68 x 35,600 =1,127,808 gallons per year The ETWU (1,111,936 gallons per year) is less than MAWA (1,127,808 gallons per year). For this example, the water budget complies with the MAWA. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.5 Soil Management Report. (a) In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows: (1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis may include: 1. soil texture; 2. infiltration rate determined by laboratory test or soil texture infiltration rate table; 3. pH; 4. total soluble salts; 5. sodium; 6. percent organic matter; and 7. recommendations. (2) The project applicant, or his/her designee, shall comply with one of the following: (A) If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the Landscape Documentation Package; or (B) If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the Certificate of Completion. (3) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans. (4) The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with Certificate of Completion. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.6 Landscape Design Plan. (a) For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) Plant Material (A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. To encourage the efficient use of water, the following is highly recommended: 1. protection and preservation of native species and natural vegetation; 2. selection of water -conserving plant and turf species; 10 3. selection of plants based on disease and pest resistance; 4. selection of trees based on applicable local tree ordinances or tree shading guidelines; and 5. selection of plants from local and regional landscape program plant lists. (B) Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 492.7(a)(2)(D). (C) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. To encourage the efficient use of water, the following is highly recommended: 1. use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; 2. recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to properly or infrastructure [e.g., buildings, sidewalks, power lines]; and 3. consider the solar orientation for plant placement to maximize summer shade and winter solar gain. (D) Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent). (E) A landscape design plan for projects in fire -prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire -prone plant materials and highly flammable mulches. (F) The use of invasive and/or noxious plant species is strongly discouraged. (G) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (2) Water Features (A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used as a source for decorative water features. (C) Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. (D) Pool and spa covers are highly recommended. (3) Mulch and Amendments (A) A minimum two inch (2") layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. (B) Stabilizing mulching products shall be used on slopes. (C) The mulching portion of the seed/mulch slurry in hydro -seeded applications shall meet the mulching requirement. (D) Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 492.5). (b) The landscape design plan, at a minimum, shall: (1) delineate and label each hydrozone by number, letter, or other method; (2) identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation; (3) identify recreational areas; (4) identify areas permanently and solely dedicated to edible plants; (5) identify areas irrigated with recycled water; (6) identify type of mulch and application depth; (7) identify soil amendments, type, and quantity; (8) identify type and surface area of water features; (9) identify hardscapes (pervious and non -pervious); 11 (10) identify location and installation details of any applicable stormv:ater best management practices that encourage on -Site retention and infiltration of storm -water. Stormwater best management practices are encouraged in the landscape design plan and examples include, but are not limited to: (A) infiltration beds, swal_es, and basins that allow water to collect and soak into the ground; (B) constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; and (C) pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff. (11) identify any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); (12) contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and (13) bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 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, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code and Section 1351, Civil Code. § 492.7 Irrigation Design Plan. (a) For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (1) System (A) Dedicated landscape water meters are highly recommended on landscape areas smaller than 5,000 square feet to facilitate water management. (B) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data shall be required for irrigation scheduling in all irrigation systems. (C) The irrigation system shall be designed to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure -regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. 2. Static water pressure, dynamic or operating pressure. and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (D) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain. (E) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair. 12 (F) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (G) High flow sensors that detect and report high flow conditions created by system damage or malfunction are recommended. (H) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non -targeted areas, such as adjacent property, non- irrigated areas, hardscapes, roadways, or structures. (I) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (J) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (K) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 492.4 regarding the Maximum Applied Water Allowance. (L) It is highly.recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. M In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone. (l) Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations. (0) Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. (P) Swing joints or other riser -protection components are required on all risers subject to damage that are adjacent to high traffic areas. (Q) Check valves or anti -drain valves are required for all irrigation systems. (R) Narrow or irregularly shaped areas, including turf, less than eight (8) feet in width in' any direction shall be irrigated with subsurface irrigation or low volume irrigation system. (S) Overhead irrigation shall not be permitted within 24 inches of any non -permeable surface. Allowable irrigation within the setback from non -permeable surfaces may include drip, drip line, or other low flow non -spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if. 1. the landscape area is adjacent to permeable surfacing and no runoff occurs; or 2. the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping; or 3. the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in Section 492.7 (a)(1)(H). Prevention of overspray and runoff must be confirmed during the irrigation audit. (T) Slopes greater than 25% shall not be irrigated with an irrigation system with a precipitation rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (2) Hydrozone (A) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (B) Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. (C) Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. (D) Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if. 13 • 1 . plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or 2. the plant factor of the higher water using plant is used for calculations. �L) Individual hydrozores that mix high and low water use plants shall not be permitted. (F) On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use this valve number in the Hydrozone Information Table (see Appendix B Section A). This table can also assist with the irrigation audit and programming the controller. (b) The irrigation design plan, at a minimum, shall contain: (1) location and size of separate water meters for landscape; (2) location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; (5) recycled water irrigation systems as specified in Section 492.14; (6) the following statement: "I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan"; and (7) the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 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, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.) Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.8 Grayling Design Plan. (a) For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement. (1) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: (A) height of graded slopes; (B) drainage patterns; (C) pad elevations; (D) finish grade; and (E) stormwater retention improvements, if applicable. (2) To prevent excessive erosion and runoff, it is highly recommended that project applicants: (A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non -permeable hardscapes; (B) avoid disruption of natural drainage patterns and undisturbed soil; and (C) avoid soil compaction in landscape areas. (3).The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance and applied thein accordingly for the efficient use of water in the grading design plan" and shall bear the signature of a licensed professional as authorized by law. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 14 § 492.9 Certificate of Completion. - (a) The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements: (1) project information sheet that contains: (A) date; (B) project name; (C) project applicant name, telephone, and mailing address; (D) project address and location; and (E) property owner name, telephone, and mailing address; (2) certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package; (A) where there have been significant changes made in the field during construction, these "as -built' or record drawings shall be included with the certification; (3) irrigation scheduling parameters used to set the controller (see Section 492.10); (4) landscape and irrigation maintenance schedule (see Section 492.11); (5) irrigation audit report (see Section 492.12); and (6) soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 492.5). (b) The project applicant shall: (1) submit the signed Certificate of Completion to the local agency for review; (2) ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee. (c) The local agency shall: (1) receive the signed Certificate of Completion from the project applicant; (2) approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.10 Irrigation Scheduling. (a) For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria: (1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (3) For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (4) Parameters used to set the automatic controller shall be developed and submitted for each of the following: (A) the plant establishment period; 15 (B) the established landscape; and (C) temporarily iii igated areas. (5) Each Irrigation schedules hall consider for each station all of the fol_lo wing that apply: (A) irrigation interval (days between irrigation); (B) irrigation run times (hours or minutes per irrigation event to avoid runoff); (C) number of cycle starts required for each irrigation event to avoid runoff; (D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting; (F) root depth setting; (G) plant type setting; (H) soil type; (I) slope factor setting; (J) shade factor setting; and (K) irrigation uniformity or efficiency setting. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.11 Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion. (b) A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing and obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. (d) A project applicant is encouraged to implement sustainable or environmentally -friendly practices for overall landscape maintenance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. §:492.12 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (b) For new construction and rehabilitated landscape projects installed after January 1, 2010, as described in Section 490.1: (1) the project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule; (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 16 § 492.13 Irrigation Efficiency. - (a) For the purpose of determining Maximum Applied Water Allowance, average irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 0.71. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.14 Recycled Water. (a) The installation of recycled water irrigation systems shall allow for the current and future use of recycled water, unless a written exemption has been granted as described in Section 492.14(b). (b) Irrigation systems and decorative water features shall use recycled water unless a written exemption has been granted by the local water purveyor stating that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future. (c) All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws. (d) Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for Special Landscape Areas shall not exceed 1.0. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.15 Stormwater Management. (a) Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration are encouraged. (b) Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater ordinances and stormwater management plans. (c) Rain gardens, cisterns, and other landscapes features and practices that increase rainwater capture and create opportunities for infiltration and/or onsite storage are recommended. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 492.16 Public Education. (a) Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community. (1) A local agency shall provide information to owners of new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes. (b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance. (1) Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. 17 § 49-2.17 Environmental Review. (a) The local agency must comply with the California Environmental Quality Act (CEQA), as appropriate. Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21080, 21082, Public Resources Code. § 493. Provisions for Existing Landscapes. (a) A local agency may designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this ordinance. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this ordinance. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.1 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. (a) This section, 493. 1, shall apply to all existing landscapes that were installed before January 1, 2010 and are over one acre in size. (1) For all landscapes in 493.1(a) that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). (2) For all landscapes in 493.1(a), that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. § 493.2 Water Waste Prevention. (a) Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established locally. (b) Restrictions regarding overspray and runoff may be modified if: (1) the landscape area is adjacent to permeable surfacing and no runoff occurs; or (2) the adjacent non -permeable surfaces are designed and constructed to drain entirely to landscaping. Note: Authority cited: Section 65594, Government Code. Reference: Section 65596, Government Code. § 494. Effective Precipitation. (a) A local agency may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)]. Note: Authority Cited: Section 65595, Government Code. Reference: Section 65596, Government Code. iN Attaclunciat 3 ORDINANCE NO. AN ORDINANCE OF [insert name of GOVERilil ViS BODY OF JURISDICTIONAL EiVTITY] ESTABLISHING WATER CONSERVATION IN LANDSCAPING REGULATIONS THIS ORDINANCE is adopted in light of the following facts and circumstances, which are hereby found and declared by the [Council/Board of Directors/Board of Supervisors]: WHEREAS, a reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of [insert City or County name, California]. WHEREAS, the California Water Conservation in Landscaping Act, also known as the State Landscape Model Ordinance ("Model Ordinance"), has been implemented by a Statewide Landscape Task Force which was overseen by the California Urban Water Conservation Council. The California Water Conservation in Landscaping Act was amended pursuant to AB 2717 (Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006). WHEREAS, AB 1881 requires cities and counties, no later than January 1, 2010, -to adopt the updated Model Ordinance or an equivalent document which is "at least as effective as" the Model Ordinance in conserving water. In the event cities and counties do not take such action, the State's Model Ordinance will be deemed to be automatically adopted by statute. WHEREAS, the [Entity's name] has developed this local Water Conservation In Landscaping Ordinance to meet the requirements and guidelines of the Model Ordinance and to address the unique physical characteristics, including average landscaped areas, within [Entity]'s jurisdiction in order to ensure that this Ordinance will be "at least as effective as" the Model Ordinance in conserving water. WHEREAS, although this Water Conservation in Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, the [CounciUBoard of Directors/Board of Supervisors] finds that it is "at least as effective as" the Model Ordinance for the following reasons: (1) this Ordinance applies to more accounts than the Model Ordinance does because it lowers the size threshold for applicable landscapes from 2,500 square feet (or, in the case of single-family residences, from 5,000 square feet) to 1,000 square feet, to better reflect the typical landscaped areas located within this [City/Coun4VDist1ict]'s boundaries; (2) this Ordinance includes a default turf restriction of 25% of the irrigated area and requires that at least 80% of the plants in non -turf landscape areas be native plants, low-water using plants, or no -water using plants (unless the applicant elects to perform a water budget); and (3) this Ordinance expands the requirement for dedicated irrigation meters to all accounts with landscaping greater than 5,000 square feet. The. Model Ordinance does not contain any such default turf restrictions or specified plant requirements and only requires dedicated irrigation meters on non-residential accounts with landscaping greater than 5,000 square feet. WHEREAS, although this Water Conservation in Landscaping Ordinance is more streamlined and simplified than the Model Ordinance, the [Council/Board of DirectorslBoard of Supervisors] further finds that it is "at least as effective as" the Model Ordinance because this Ordinance includes water budget parameters and values and landscape parameters that are consistent with the Model Ordinance. By using the same water budget parameters as the Model Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be as effective as the 2076723.6 Model Ordinance in developing landscape water budgets. By using the same landscape parameters as the Model Ordinance for, among other things, slope restrictions and width restrictions for turf, irrigation times, and minimum mulch requirements, this Ordinance will be at least as effective as the Model Ordinance in achieving water savings. WHEREAS, Article X, Section 2 of the California Constitution and Section 100 of the California Water Code declare that the general welfare requires water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water be prevented, and conservation of water be fully exercised with a view to the reasonable and beneficial use thereof. WHEREAS, the San Francisco Public Utilities Commission has imposed an interim water supply limitation on its wholesale customers, including local water suppliers, until at least 2018. WHEREAS, current supply and demand projections for the Bay Area Water Supply and Conservation Agency ("BAWSCA") member agencies indicate that, in the absence of increased water conservation, water demands will exceed available water supplies in 2015 and implementation of water conserving ordinances is one mechanism by which agencies can reduce future water demands and remain within existing supplies. WHEREAS, The [City CounciUBoard of Directors/Board of Supervisors] finds and determines that this Ordinance is consistent with the provisions requiring reductions in outdoor water use for landscaping in the California Green Building Standards Code, as such provisions will be implemented in the coming years. Such requirements include the development of a water budget for landscape irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant to a locally adopted ordinance. WHEREAS, the State Legislature has identified the provision of a more reliable -water supply and the protection, restoration and enhancement of the Delta ecosystem as a high priority for the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water use by 20% by the year 2020. Accordingly, the [City Council/Board of Directors/Board of Supervisors] finds that implementation of this Ordinance is consistent with the policies and goals established by the State Legislature in enacting SB 7 (7th Extraordinary Session). Tr WHEREAS,orCes afCountes or rArticle XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, policy, sanitary, and other ordinances and regulations not in conflict with general laws. WHEREAS, pursuant to AB 1881, enforcement of the landscape conservation ordinance adopted by [Insert name of City/County] will require supportive measures by [ Water District], the local water provider within these jurisdictions, so as to ensure the successful implementation and enforcement of this Ordinance. WHEREAS, [off r# s the District has the power to perform all acts necessary to carry out fully the provisions of the County Water District Law (Water. Code Section 31001), may establish rules and regulations for the distribution and use of water supplies (Water Code Section 31024), may adopt and enforce a comprehensive water conservation program to reduce 2 2076723.6 potable water consumption and conserve supplies (Water Code Section 375), and may require as a condition of new service, that reasonable water -saving devices and water reclamation devices be installed to reduce water use (Water Code Section 31035). WHEREAS, M. the Board of Directors of r Water District] has a long-standing policy of engaging in and encouraging efficient water management measures and practices and desires to adopt this Ordinance in order to provide supportive measures to facilitate the enforcement of landscape conservation ordinances by [the applicable City and/or County. ] WHEREAS the District has followed the procedures for notice, public participation and adoption set forth in Section 375 of the California Water Code. WHEREAS, [fio ager�ctesvxirecjclewa#er the adoption of this Ordinance is separate and distinct from [insert Entity's name] adoption of a local ordinance relating to the use of recycled water in outdoor landscapes, as required pursuant to the Recycled Water in Landscaping Act, SB 2095 (Chapter 510, Stats. 2000). WHEREAS, the [City Council/Board of Directors/Board of Supervisors] finds and determines that this Ordinance is not subject to the California Environmental Quality Act (Public Resources Code Section 2100 et seq.) ("CEQA") pursuant to Section 15307 (the activity assures the maintenance, restoration, enhancement, or protection of a natural resource) and Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure making) of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, since it makes and implements policies and procedures to ensure that water resources are conserved by reducing water consumption through the establishment of a structure for planning, designing, installing, maintaining and managing water -efficient landscapes. WHEREAS, the adoption and enforcement of this Ordinance is necessary to manage the [Entity]'s potable water supply in the short and long-term and to avoid or minimize the effects of drought and shortage within the [Entity]. This Ordinance is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare. NOW, THEREFORE, THE [COUNCIUBOARD OF DIRECTORS/SUPERVISORS CITY/COUNTY OR DISTRICT] DOES ORDAIN AS FOLLOWS: ItaM THIS ORDINANCE shall be known as the [insert name of Entity] Water Conservation in Landscaping Ordinance. Applicability A. The provisions of this Ordinance shall apply to all of the following landscape projects: i. Tier 9 Landscapes: All new construction and rehabilitated landscapes with irrigated landscape areas between 1,000 square feet and 2,500 2076723.6 square feet requiring a building or landscape permit, plan check or design review, or requiring new or expanded water service. ii. Tier 2 Landscapes: All new construction and rehabilitated landscapes with irrigated landscape areas equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check or design review or requiring new or expanded water service. iii. Existing landscapes, including existing cemeteries, shall only be subject to the provisions for existing landscapes provided for in Section XIII "Provisions for Existing Landscapes Over One Acre in Size;" and iv. New and rehabilitated cemeteries shall only be subject to the provisions of Section VIII "Water Budget Calculations", Section X "Landscape Audit Report", and Section XI "Landscape and Irrigation Maintenance Schedule." B. The provisions of this Ordinance shall not apply to: New construction and rehabilitated landscapes with irrigated landscape areas less than 1,000 square feet or that do not require a building or landscape permit, plan check or design review, or new or expanded water service; Landscapes, or portions of landscapes, that are only irrigated for an establishment period; iii. Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation; iv. Ecological restoration or mined -land reclamation projects that do not require a permanent irrigation system; or V. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms. III. Definitions A. "applied water" means the portion of water supplied by the irrigation system to the landscape. B. "automatic irrigation controller" means an automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather - based) or soil moisture data. 4 2076723.6 C. "backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. D. "certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. E. "certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. F. "certified professional" or "authorized professional" means a certified irrigation designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed landscape contractor, a licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. G. "conversion factor (0.62)" means the number that converts acre -inches per acre per year to gallons per square foot per year H. "drip irrigation" means any non -spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants. I. "ecological restoration project" means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. J. "effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth. K. "establishment period" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. L. "Estimated Total Water Use" (ETWU) means the total water used for the landscape as described in Section VIII "Water Budget Calculations." M. "ET adjustment factor" (ETAF) means a factor of 0.7, 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. ETAF for a Special Landscape Area shall not exceed 1.0. ETAF for existing non -rehabilitated landscapes shall not exceed 0.8. N. "evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. 5 2076723.6 O. "flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second. P. "hardscapes" means any durable material (pervious and non -pervious) - Q. "hydrozone" means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. R. "invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. "Noxious weeds" means any weed designated by the Weed Control Regulations in the Weed Control Act and identified on a Regional District noxious weed control list. 'Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database. S. "irrigation audit' means an in-depth evaluation of the performance of an irrigation system. An irrigation audit includes, but is not limited to: inspection, system tune- up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. T. "irrigation efficiency" (IE) 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 Ordinance is 70%. Greater irrigation efficiency can be expected from well-designed and maintained systems. U. "irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. V. "irrigation water use analysis" means an analysis of water use data based on meter readings and billing data. W. "landscape architect" means a person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615. X. "landscape area" means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape 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, other non -irrigated areas designated for non -development (e.g., open spaces and existing native vegetation), agricultural uses, commercial nurseries and sod farms. 6 2076723.6 Y. "landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. Z. "landscape project" means the total area comprising the landscape area, as defined in this Ordinance. AA. "lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve. BB. "local agency" means a city or county, including a charter city or charter county, or water district that is responsible for adopting and implementing this Ordinance. The local agency is also responsible for the enforcement of this Ordinance, including but not limited to, in the case of a city or county, approval of a permit and plan check or design review of a project; and in the case of a district, approval of a new or expanded water service application. CC. "local water purveyor" means any entity, including a public agency, city, county, district or private water company that provides retail water service. DD. "low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. EE. "low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by INUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. FF. "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section VII I "Water Budget Calculations." GG. "mined -land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. HH. "mulch" means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. "native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity. 7 2076723.6 JJ. "new construction" means the construction of a new building or structure containing a landscape or other new land improvement, such as a park, playground, or greenbelt without an associated building. KK. "no -water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. LL. "operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate. MM. "overhead sprinkler irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors). NN. "overspray" means the irrigation water which is delivered beyond the target area. 00. "permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. PP. "pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. QQ. "plant factor" or "plant water use factor" is a factor, when multiplied by ETo, estimates the amount of water needed by plants. RR. "precipitation rate" means the rate of application of water measured in inches per hour. SS. "project applicant" means the individual or entity submitting a Project Landscape Application required under Section VI, to request a permit, plan check, or design review from the local agency or requesting new or expanded water service from the water district. A project applicant may be the property owner or his or her designee. TT. "rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains. UU. "recreational area" means areas dedicated to active play such as parks,_sports fields, and golf courses where turf provides a playing surface. VV. "reference evapotranspiration" or "ETo" means a standard measurement of environmental parameters which affect the water use of plants. VVW. "rehabilitated landscape" means any re -landscaping project that requires a permit, plan check, design review, or requires a new or expanded water service application. XX. "runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. 8 2076723.6 YY. "soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. ZZ. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely to edible plants, areas 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. AAA. "sprinkler head" means a device which delivers water through a nozzle. BBB. "station" means an area served by one valve or by a set of valves that operate simultaneously. CCC. "turf' 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. DDD. "valve" means a device used to control the flow of water in the irrigation system. EEE. "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). FFF. "WUCOLS" means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. IV. Water Conservation in Landscaping Ordinance Requirements A. All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the Landscape Project Application (Section VI) and (2) comply with the Landscape and Irrigation Maintenance Schedule (Section XI) requirements of this Ordinance. B. All owners of existing landscapes over one acre in size, even if installed before enactment of this Ordinance, shall: (1) comply with local agency programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff. V. Compliance with Ordinance. A. The local agency shall: Provide the project applicant with the Ordinance and Landscape Project Application requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service; 9 2076723.6 ii. Review the Landscape Project Application submitted by the project applicant; iii. Approve or deny the project applicant's Landscape Project Application submittal; iv. Issue or approve a permit, plan check or design review that complies with the approved Landscape Project Application or approve a new or expanded water service application that complies with the approved Landscape Project Application; V. Submit a copy of the complete Landscape Project Application to the local water purveyor or land use authority, as the case may be. B. The project applicant shall: Prior to construction, submit all portions of the Landscape Project Application, except the Landscape Audit Report, to the local agency; and ii. After construction, submit the Landscape Audit Report portion of the Landscape Project Application to the local agency. VI. Landscape Project Application A. The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this Ordinance. In completing the Landscape Project Application, project applicants may choose one of two options to demonstrate that the landscape meets the Ordinance's water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the Ordinance. The options include: Planting restrictions: a. The turf area may not be more than 25% of the landscape area [or no more than square feet]; and b. At least 80% of the plants in non -turf landscape areas shall be native plants, low-water using plants, or no -water using plants; or the ii. Water Budget Calculation option (Section VIII). B. The Landscape Project Application shall include the following elements: Project Information; Outdoor Water Use Efficiency Checklist (Section VII); iii. Water Budget Calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section VIII); 10 2076723.6 iv. Landscape and Irrigation System Design Plans (Section IX); and V. Landscape Audit Report (Section X). VII. Outdoor plater Use Efficiency Checklist [Entity's name] [has developed/will develop] an Outdoor Water Use Efficiency Checklist (Checklist), based on the criteria described below. For Tier 1 projects, either the project applicant or a certified or authorized professional shall complete the Checklist and submit it to [Entity's name] along with the Landscape and Irrigation Design Plan. For Tier 2 projects, the Checklist shall be completed by a certified or authorized professional and submitted to [Entity's name] along with the Landscape and Irrigation Design Plan. A. Plant Material Each hydrozone shall have plant materials with similar water use that are selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. The turf area shall not be more than 25% of the landscape area [or no more than square feef], unless the project applicant develops a site-specific water budget and the ETWU of the landscape area does not exceed the MAWA. iii. Turf shall not be planted on slopes greater than 25% or in areas that are less than eight feet wide, unless irrigated with subsurface irrigation or a low volume irrigation system. iv. At least 80% of the plants in non -turf landscape areas shall be native plants, low-water using plants, or no -water using plants, unless the project applicant develops a site-specific water budget and the ETWU of the landscaped area does not exceed the MAWA. V. Fire -prone plant materials and highly flammable mulches should be avoided. vi. The use of invasive and/or noxious plant species is strongly discouraged. vii. The architectural guidelines of a common interest development shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. B. Mulch A minimum two-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, although a three-inch layer is recommended. C. Irrigation System An irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related 11 2076723.6 components shall be planned and designed to allow for proper installation, management, and maintenance. i. Dedicated landscape water meters shall be required for landscape areas greater than 5,000 square feet and are highly recommended for landscape areas greater than 2,500 square feet. ii. Tier Landscapes are required to have automatic irrigation controllers that utilize either evapotranspiration or soil moisture sensor data for irrigation scheduling. iii. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required .on all irrigation systems. iv. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. V. Low volume irrigation required in mulched areas, in areas with slope greater than 25%, and within 24 -inches of a non -permeable surface, or in narrow or irregularly shaped areas that are less than eight feet in width in any direction. vi. Average irrigation efficiency is assumed to be 70%. Irrigation systems shall be designed, maintained, and managed to meet or exceed an average landscape irrigation efficiency of 70%. vii. Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or otherwise renders irrigation unnecessary. D. Hydrozone Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. iii. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. iv. Individual hydrozones that mix plants with different water uses may be allowed if a water budget is performed, and the plant factor calculation is based on the proportion of the respective plant water uses or the plant factor of the higher water using plant is used. E. Water Features Recirculating water systems will be used for water features. 12 2076723.6 ii. The surface area of a water feature will not exceed 10% of the landscape area and will be counted as a high-water using plant for purposes of a water budget calculation. iii. Pool and spa covers are highly recommended. F. Soil Amendments Soil amendments, such as compost, shall be incorporated according to the soil conditions at the project site and based on what is appropriate for the selected plants. VIII. Water Budget Calculations Project applicant may elect to complete a water budget calculation for the landscape project. A Tier 1 water budget may be developed and completed by the project applicant. A Tier 2 water budget calculation must be completed by a certified or authorized professional. Water budget calculations, if prepared, shall adhere to the following requirements: A. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. B. All water features shall be included in the high water use hydrozone. C. All Special Landscape Areas (SLA) shall be identified and their water use included in the water budget calculations. D. The reference evapotranspiration adjustment factor (ETAF) for SLA shall not exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.7. E. Irrigation system efficiency shall be greater than or equal to 70%. F. Maximum Applied Water Allowance (MAWA) shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (to gallons) 0.7 = Reference Evapotranspiration Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) 13 2076723.6 G. A local agency or project applicant may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) + (0.3 x SLA)] H. Estimated Total Water Use (ETWU) will be calculated using the equation below. The sum of the ETWU calculated for all hydrozones will not exceed the MAWA. ETWU = (ET6)(0.62)( PF HA + SEAJ Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF ' = Plant Factor from WUCOLS (see Section 491) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.70) IX. Landscape and Irrigation Design Plans A. Tier 1 Landscapes: The Landscape and Irrigation Design Plan may be prepared by, and bear the signature of, the project applicant, or that of a certified or authorized professional. B. Tier Landscapes: The components of the Landscape and Irrigation Design Plan shall be prepared as follows: The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or that of a certified or authorized professional; and ii. The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or that of a certified or authorized professional. C. The landscape design portion of the Landscape and Irrigation Design Plan, at a minimum, shall: Delineate and label each hydrozone; ii. Identify each hydrozone as low, moderate, high water, or mixed water use; 14 2076723.6 iii. Identify Special Landscape Areas (i.e., recreational areas; areas permanently and solely dedicated to edible plants; areas irrigated with recycled water); iv. . Identify type of mulch and application depth; V. Identify type and surface area of water features; vi. Identify hardscapes (pervious and non -pervious); and vii. Contain the following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them for the efficient use ofwater in the Landscape and Irrigation Design Plan." D. The irrigation design portion of the Landscape and Irrigation Design Plan, at a minimum, shall contain: Location and size of separate water meters for landscape; Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; iii. Static water pressure at the point of connection to the public water supply; iv. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; V. Irrigation schedule; vi. The following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them accordingly for the efficient use of water in the Landscape and Irrigation Design Plan." E. Grading If the Landscape Project will be graded, then the grading shall be designed to minimize soil erosion, runoff, and water waste. All grading should be conducted to: Maintain all irrigation and normal rainfall within property lines and avoid drainage on to non -permeable hardscapes; Avoid disruption of natural drainage patterns and undisturbed soil; iii. Avoid soil compaction in landscape areas; and iv. Be consistent with city and county grading requirements. 15 2076723.6 X. Landscape Audit Report A. Tier 1 Landscapes: Landscape irrigation audits for new or rehabilitated landscapes installed after [Ordinance adoption date] shall be conducted after the landscaping and irrigation systems have been installed. The audit may be conducted by the project applicant or by a certified landscape irrigation auditor. B. Tier 2 Landscapes: Landscape irrigation audits for new or rehabilitated landscapes installed after [Ordinance adoption date] shall be conducted by a certified landscape irrigation auditor after the landscaping and irrigation system have been installed. C. The Landscape Audit Report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the Landscape and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. D. The Landscape Audit Report shall include the following statement: "The landscape and irrigation system has been installed as specified in the Landscape and Irrigation Design Plan and complies with the criteria of the Ordinance and the permit". E. Local agency shall administer on-going programs that may include, but not be limited to, post -installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. XI. Landscape and Irrigation Maintenance Schedule Landscapes shall be maintained to ensure water use efficiency. A. A regular maintenance schedule shall include, but not be limited to, routine inspection; adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. B. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents. C. A Project applicant is encouraged to implement sustainable or environmentally - friendly practices for overall landscape maintenance. XII. Stormwater Management Stormwater best management practices should be implemented into the landscape and grading design plans to minimize runoff and to increase on-site retention and infiltration and should be consistent with city and county stormwater management requirements. 16 2076723.6 Xill. Provisions for Existing Landscapes Over One acre in Size This section shall apply to all existing landscapes that were installed before [Ordinance adoption date] and are over one acre in size. A. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. For landscapes that have a water meter, the local agency shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the MAWA for existing landscapes. The MAWA for existing landscapes shall be calculated as: MAWA = (0.8) (ETo)(LA)(0.62). ii. For landscapes that do not have a meter, the local agency shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate'water use and provide recommendations as necessary in order to prevent water waste. iii. All landscape irrigation audits for existing landscapes that are greater than one acre in size shall be conducted by a certified landscape irrigation auditor. B. Water Waste Prevention. Local agencies shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non -irrigated areas, walks, roadways, parking lots, or structures. XIV. Penalties A local agency may establish and administer penalties to the project applicant for non- compliance with this Ordinance to the extent permitted by law. [Note: The precise provisions of this section should be tailored to the specific policies and goals of your organization.] A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this Ordinance to fail to comply with the outdoor water use efficiency requirements of this Ordinance. [Insert appropriate City/County/Water District official] has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this Ordinance. Whenever the [insert appropriate City/County/Water District official] determines that a violation of this Ordinance has occurred, the [insert appropriate City/County/Water District of ficial] may serve a notice of correction on the owner(s) of the property on which 17 2076723.6 the violation is situated. The owner(s) of record shall have ninety (90) days to take corrective action. B. fFori%ie�s�tancl,Ctr�%sl Administrative Enforcement. In addition to any other remedy provided by the [insert entity's namejs Municipal Code, any provision of this Ordinance may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Section of the [insert, entity's namejs Municipal Code. The [insert commission/governing body] shall serve as the administrative enforcement hearing officer for the purposes of considering any appeals. C. Off -r! WW" Enforcement. If an applicant for new or expanded water service fails to comply with the provisions of this Ordinance, the District may require the applicant to resubmit its water service application and revised Landscape Project Application for approval and may withhold approval of the application until the applicant complies with the terms of this Ordinance. In addition to any other remedy provided herein, the District may also refer enforcement of violations under this Ordinance to the City Attorney of the municipality [or District Attorney/County Counsel/County] where the violation occurred. XV. Public Education A. The local agency shall provide information to all applicants regarding the design, installation, management, and maintenance of water -efficient landscapes and irrigation systems. B. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water -efficient landscapes that are described in this Ordinance. XVI. Severability If any section, subsection, provision or part of this Ordinance, or its application to any person or circumstance, is held to be unconstitutional or otherwise invalid, the remainder of this Ordinance, and the application of such provision to other person or circumstances, shall not be affected thereby and shall remain in full force and effect and, to that end, the provisions of this Ordinance are severable. XVII. Effective Date This Ordinance shall become effective on , 2009/2010. [For Cities/Counties, 30 days after enactment] INTRODUCED at a regular meeting of the [City Council/Board of Directors/Board of Supervisors] held on , 2009/2010. 18 2076723.6 PASSED AND ADOPTED at a regular meeting of the [City Council/Board of Directors/Board of Supervisors] of the [City of /District/County of 1 held on , 2009/2010, by the following vote: AYES: NOES: ABSENT: ATTEST: [CITY CLERK/BOARD SECRETARY] 19 [MAYO RIPRESI DENT OF THE BOARD] 2076723.6 Attachment 4 WATER CONSERVATION LANDSCAPING REGIONALMODEL ORD_N,i'. NC Prepared by a working group of planning and conservation representatives for jurisdictions within the Santa Clara Valley Water District service area. Contents: Intent............................................:................................................................................ 2 Applicability.................................................................................................................... 2 Definitions..................................................................................................................... 4 Demonstration of Landscape Water Efficiency.............................................................. 9 Water -Efficient Design Elements................................................................................... 9 Water -Efficient Design Checklist................................................................................. 12 Components of a Landscape Project Submittal........................................................... 12 Landscape and Irrigation Design Plan......................................................................... 13 WaterBudget Calculation............................................................................................ 15 SoilAnalysis................................................................................................................ 17 Landscape Installation Report ..................................................................................... 17 Landscape and Irrigation Maintenance....................................................:................... 18 Landscape Project Referral......................................................................................... 19 Landscape Project Review Fee................................................................................... 19 Audit of Existing Landscapes...................................................................................... 19 PublicEducation......................................................................................................... 20 Penalties..................................................................................................................... 20 Page 1 of 20 DRAFT: : 01/20/2010 Ordinance No. ### . ### AN ORDINANCE OF THE [legislative body] OF THE [jurisdiction] ESTABLISHING NEW LANDSCAPING REGULATIONS PURSUANT- TO THE CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT SITS 'IARY This ordinance establishes new water -efficient landscaping and irrigation requiren-Lents as mandated by the California Water Conservation in Landscaping Act. This ordinance has been adapted. for the [jurisdiction] from a regional model ordinance developed by a working group of local planning and conservation representatives and the Santa Clara Valley Water District. THE [legislative body] OF TRE [jurisdiction] ORDAINS AS FOLLOWS: The following new [Chapter 00], of the [jurisdiction] [code], is added as follows: Chapter 00 WATER CONSERVATION IN LANDSCAPING § 00.010 Intent - The intent of this [chapter] is to reduce water waste in landscaping by promoting the use of region -appropriate plants that require minimal supplemental irrigation, and by establishing standards for irrigation efficiency. This [chapter] implements the California Water Conservation in Landscaping Act. § 00.020 Applicability. A. The provisions of this [chapter] shall apply to the following: 1. Construction of new single-family and two-family dwellings, where cumulative landscape area exceeds 2,500 square feet; 2. Commercial, industrial, office, multi -family residential, and institutional construction where cumulative landscape area exceeds 2,500 square feet; 3. Landscape installation or rehabilitation associated with any project requiring [major project permit types, e.g., design review, grading permit, or use permit], where landscape area exceeds 2,500 square feet; Page 2 of 20 DRAFT: 01/20/2010 4. Any project with landscape area 2,500 square feet or smaller that has been determined by the [administering office, e.g. Planning Office] to require landscape and irrigation design plans. Such determination may be the result of project information provided on checklist (§ 00.060), installation inconsistent with information provided on checklist, or other compliance matter. 5. Existing landscapes larger than one acre, including cemeteries, shall be subject to the provisions of Section 00.150: Audit of Existing Landscapes; and, 6. New and rehabilitated cemeteries shall only be subject to the provisions of Section 00.090: Water Budget Calculation, 00.110: Landscape Installation Report, and 00.120: Landscape and Irrigation Maintenance. B. The provisions of Section 00.060: Water -Efficient Design Checklist, shall apply to: Any project requiring [major project permit types, e.g., design review, grading permit, or use permit], regardless of the extent (square feet) of landscape area; and, 2. Any project that includes anew dwelling, regardless of the extent (square feet) of landscape area. C. The provisions of this [chapter] shall not apply to: 1. Construction projects other than new single-family or two-family houses that include irrigated landscape but do not require [major project permit types, e.g., design review, grading permit, or use permit], and do not require new or expanded water service; 2. Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by the [jurisdiction: historic resources body], or by any applicable public board or commission responsible for architectural review or historic preservation; Surface mine reclamation projects that do not require -a permanent irrigation system; 4. Ecological restoration projects that do not require a permanent irrigation system; 5. Community gardens or plant collections, as part of botanical gardens and arboretums open to the.public; or 6. Any commercial cultivation of agricultural products; including, but not limited to products of farms, orchards, production nurseries and forests. Page 3 of 20 DRAFT: 01/20/2010 § 00.030 Definitions. The definitions of terms in this section shall apply wherever these terms appear within this [chapter], unless it is apparent from the context that a different meaning is intended. A. Applied water: The portion of water supplied by the irrigation system to the landscape. B. Automatic irrigation coniroller: An automatic timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers schedule irrigation events using either evapotranspiration (weather -based) or soil moisture data. C. Backflow prevention device: A safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system. D. Certified irrigation designer: A person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the US Environmental. Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program. E. Certified landscape irrigation auditor: A person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program. F. Certified professional: A certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed professional engineer, or any other person authorized by the state to design a landscape, an irrigation system, or authorized to complete a water budget. G. Conversion factor: The number (0.62) that converts acre -inches per acre to gallons per square foot. H. Ecological restoration project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Effective precipitation (Eppt): The portion of total precipitation which becomes available for plant growth. Page 4 of 20 DRAFT: 01/20/2010 Estimated Total Water Use (ET Wil): The total water used for the landscape as described in Section VIII "Water Budget Calculations." K. Evapotranspiration adjustment factor (ETAF): A factor of 0.7, 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. ETAF for a special landscape area shall not exceed 1.0.. ETAF for existing non -rehabilitated landscapes is 0.8. L. Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. M. JHardscape: Any constructed feature in a landscape built of concrete, stone, wood, or other such pervious or non -pervious durable material. Includes, but is not limited to, patios, walkways, and retaining walls. N. Ilydrozone: A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non -irrigated. O. Invasive plant species: Species of plants listed in the invasive plant inventory of the California Invasive Plant Council (IPC) that have been identified as invasive, to areas within the IPC -delineated Central West (CW) region. P. Irrigation audit: An in-depth evaluation of the performance of an irrigation system performed by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. Q. Irrigation efficiency (IE): 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 Ordinance is 70%. Greater irrigation efficiency can be expected from well-designed and maintained systems. R. Irrigation survey: An evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system. S. Landscape architect: A person who holds a licerise to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615. Page 5 of 20 DRAFT: 01/20/2010 T. Landscape area: All the planting areas, turf areas, and water features in a landscape installation. The landscape 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 wildland vegetation). U. Landscape contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. V. Landscape project: An undertaking of landscape design and installation on a particular area of land. A landscape project may be associated with an individual lot, a building project, or a multi -phased development. It may also be a larger, comprehensive landscape scheme that is not coupled with an individual building project. W. Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. X. Low water use plant: A plant species whose demonstrated water needs are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants. Y. Low-volume irrigation: The application of irrigation water through a system of tubing or lateral lines and low-volume emitters such as drip and bubblers. Certain rotary emitters designed to provide highly efficient water distribution may also be included in this definition, at the discretion of the [Planning Office]. Z. Maximum Applied Water Allowance (MAWA): The upper limit of annual applied water for the established landscaped area as. specified in Section VIII "Water Budget Calculations." AA. Mined -land reclamation projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. BB. Mulch: Any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion. Page 6 of 20 DRAFT: 01/20/2010 a `ni CC. Dative plant: A plant indigenous to a specific area of consideration. For the purpose of this [chapter], the term will refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community of the project's vicinity. DD. Noxious weed: Any weed designated by the weed control regulations in the Weed Control Act and identified on a regional district noxious weed control list. EE. Operating pressure: The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. FF. Overhead sprinkler irrigation system: A system that delivers water through the air (e.g., spray heads and rotors). GG. Overspray: Irrigation water that is delivered beyond the target area. HH. Plant factor: A numerical factor, when multiplied by reference evapotranspiration (ETo), estimates the amount of water needed by plants. Plant factors are based on the publication "Water Use Classification of Landscape Species" ()ArUCOLS). 1I. Rain sensor or rain sensing shutoff device: A component that automatically suspends an irrigation event when it rains. JJ. Recycled water: Treated wastewater of a quality suitable for non -potable uses including landscape irrigation and water features. KK. Reference evapotranspiration (ETo): A standard measurement of environmental parameters that affect the water use of plants. LL. Rehabilitated landscape: Any re -landscaping project that requires a [major project permit types, e.g., design review, grading permit, or use permit], or requires a new or expanded water service application. MM. Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. NN. Soil moisture sensor: A device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. OO. Special landscape area (SLA): An area of the landscape dedicated solely to edible plants, areas 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. Page 7 of 20 DRAFT: 01/20/2010 PP. Sprinkler head: A device that delivers water through a nozzle. QQ. Station: An area served by one valve or by a set of valves that operate simultaneously. RR. Turf: A ground cover surface consisting of non-native grass species that is customarily mowed. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are examples of cool -season turf grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm -season turf grasses. SS. Valve: A device used to control the flow of water in the irrigation system. TT. Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, waterfalls and artificial streams. Also includes spas and swimming pools that are ancillary to single-family, two-family and multi -family residential uses. UU. Wet surface area: The surface area of that portion of a water feature that functions to contain water, such as the water surface of a swimming pool, spa, or garden pond. For a fountain or other feature with flowing water, wet surface area shall be measured as a two dimensional plane bounded by the perimeter of the area where water has been designed to flow. VV. Wildland urban interface: A geographic area identified by the State of California as a "Fire Hazard Severity Zone," or any area designated by the enforcing agency to be at a significant risk from wildfires. WW. WUCOLS: The "Water Use Classification of Landscape Species" published by the University of California Cooperative Extension, the Department of Water Resources and the Bureau of Reclamation, 2000. § 00.040 Demonstration of Landscape Water Efficiency Applicants of projects subject to this ordinance may choose one the following two options to demonstrate that a landscape proposal meets the ordinance's water -efficiency goals. A. Plant -type restriction option: The plan, checklist and any accompanying documentation must demonstrate all of the following as a means of achieving water efficiency. 1. The total turf area shall not exceed 25% of the landscape area, or 1,250 square feet, whichever is lesser in area. Page 8 of 20 DRAFT: 01/20/2010 . - 4 2. Within non -turf areas, at least 80% of the plants shall be native or low water - use. 3 All other applicable design criteria of Section 00.050 shall be met. B. Water budget option: Project applicants may elect to prepare a water budget calculation, per the provisions of Section 00.060, as a means of demonstrating water efficiency. § 00.050 Water -Efficient Design Elements The elements of a landscape shall be designed to achieve water efficiency consistent with the intent of this [chapter]. Projects with landscape area of 2,500 square feet or lesser shall demonstrate water efficiency by providing appropriate responses to specific checklist items pursuant to Section 00.060. Projects requiring a complete landscape project submittal shall comply with all applicable criteria of this section. A. Plant Material: 1. Plants shall be chosen and arranged appropriately based upon the site's climate, soil characteristics, sun exposure, wildfire susceptibility and other factors. Plants with similar water needs shall be grouped within hydrozones. 2. The turf area shall not be more than 25% of the landscape area, or 1,250 square feet, whichever is lesser in area, unless the project applicant develops a water budget and the ETWU of the landscape area does not exceed the MAWA. 3. Turf shall not be planted on slopes greater than 25%. 4. Turf areas shall not be less than eight feet wide. 5. At least 80% of the plants in non -turf landscape areas shall be native plants, or low water using plants, unless the project applicant develops a water budget and the ETWU of the landscaped area does not exceed the MAWA. 6. The horticultural attributes of plant species (e.g., mature plant size, invasive roots, structural attributes) shall be considered, in order to minimize the potential for damage to property or infrastructure (e.g., buildings, septic systems; sidewalks, power lines). 7. Fire -prone plant materials and highly flammable mulches are strongly discouraged. In areas designated wildland urban interface, plants shall be selected, arranged and maintained to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. 8. Installation of invasive plant species shall be prohibited. Page 9 of 20 DRAFT: 01/20/2010 9. Existing invasive plants and noxious Weeds within or adjacent to the proposed landscape area shall be removed prior to installation. 10. The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supercede this [chapter] by either prohibiting low water use plants, or including conditions that have the effect of restricting the use of low water use plants. B. Irrigation System: An irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management and maintenance. In addition: 1. Dedicated landscape water meters shall be required for landscape areas greater than 5,000 square feet, except for those installations where irrigation water is provided by an individual onsite well. 2. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data for irrigation scheduling are required. 3. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems. 4. The irrigation hardware for each hydrozone shall include a separate valve. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers, and turf. 5. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. 6. Low-volume irrigation shall be required in mulched areas, in areas with slope greater than 25%, within 24 inches of a non -permeable surface, or in any narrow or irregularly shaped areas that are less than eight (8) feet in width in any direction. 7. Average irrigation efficiency is assumed to be 70%. Irrigation systems shall be designed, maintained and managed to meet or exceed an average landscape irrigation efficiency of 70%. 8. Irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless unfavorable weather prevents it or otherwise renders irrigation unnecessary. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. C. Soil, conditioning, and mulching: Page 10 of 20 DRAFT: 01/20/2010 1. At the time of installation, a minimum of eight (8) inches of non -compacted topsoil shall be available for water absorption and root growth in planted areas. This requirement may be waived where a landscape professional has determined that practical limitations (e.g., slope, other geotechnical factors), necessitate a lesser soil depth that is viable for the chosen plant materials. 2. Soil amendments, such as compost or fertilizer, shall be appropriately added according to the soil conditions at the project site and based on what is appropriate for the selected plants. 3. A minimum two (2) -inch layer of mulch shall be applied on all exposed soil surfaces of planting areas, except in areas of direct seeding application (e.g. hydro -seed). 4. Stabilizing mulching products shall be used on slopes. D. Hydrozones: 1. Hydrozones shall group plant materials of similar water use, and shall generally demarcate areas of similar slope, sun exposure, soil, and other site conditions appropriate for the selected plants. 2. The flow of water to each hydrozone shall be controlled by a separate valve. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. 4. Within a hydrozone, low and moderate water use plants may be mixed, but all plants within that hydrozone shall be classified as moderate water use for MAWA calculations. High water use plants shall not be mixed with low or moderate water use plants. E. Water Features: 1. Recirculating water systems shall be used for water features. 2. The wet surface area of a water feature shall be counted as an area of high water using plants for purposes of a water budget calculation, except as provided in subsection 3, below. 3. The surface area of a pool or spa with a cover shall be counted as an area of medium water using plants for purposes of a water budget calculation. § 00.060 - Water -Efficient Design Checklist A water -efficient design checklist shall be developed by the [jurisdiction]. The checklist shall serve as a preliminary summation of select landscape components to determine Page 11 of 20 DRAFT: 01/20/2010 whether a proposed landscape is generally consistent with the water -efficiency goals of this [chapter]. A. All applications for [major project permit types, e.g., design review, grading permit, or use permit], shall include a completed water -efficient design checklist. Building permits for new dwellings shall also include a completed water -efficient design checklist. B. The checklist shall be completed by a property owner or certified landscape professional, and shall be submitted to the [Planning Office] along with the associated project application. § 00.070 Components of a Landscape Project Submittal Unless otherwise specified, the following items shall be submitted to the [Planning Office] when a landscape project is subject to the requirements of this [chapter]. A. Water -Efficient Design Checklist (§ 00.060). B. Landscape and Irrigation Design Plans (§ 00.080). C. Landscape and Irrigation Maintenance Schedule (§ 00.120). D. Landscape Installation Report (§ 00.110). Shall be submitted following installation of landscaping materials and irrigation hardware. E. Water Budget Calculations (§ 00.090). Not required if turf limitation option (§ 00.040) is utilized. F. Soil Analysis Report (§ 00.100). Not required unless requested by [jurisdiction] as a condition of permit approval. G. Landscape Plan -Check Fee (§ 00.130). § 00.080 Landscape and Irrigation Design Plans Landscape and irrigation design plans are required of landscape projects larger than 2,500 square feet when associated with applications for [major project permit types, e.g., design review, grading permit, or use permit], and building permits for new dwellings. Landscape and irrigation design plans may be required of landscape projects 2,500 square feet or smaller if so determined by the [Planning Office] (see subsection 00.020(A)(4)). The landscape and irrigation design plan shall be prepared as follows: Page 12 of 20 DRAFT: 01/20/2010 A. The landscape and irrigation design plans shall incorporate all applicable elements of Section 00.050. Water -Efficient Design Elements. B. The landscape design portion shall be prepared by, and bear the signature of, a licensed landscape architect, licensed landscape contractor, or any other person authorized by the State of California to design a landscape. C. The irrigation design portion shall be prepared by, and bear the signature of, a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized by the State of California to design an irrigation system. D. The landscape design portion of the landscape and irrigation design plan, at a minimum, shall: 1. Provide basic project information, such as applicant name, site address, total landscape area and turf area (square feet), irrigation water source (e.g. municipal, well, recycled), retail water purveyor (if applicable), and project contacts. 2. Identify, in tabular form, all plants to be installed as part of the project. The table shall include the following: Symbol (representing the plant on the plan). ii. Common name. iii. Botanical name. iv. Container size. v. Quantity. vi. Type (e.g. grass, forb, succulent, vine, shrub, tree). . vii. Water -efficient species identification. All "native" and "low water use" plant species (defined in § 00.020) shall be so labeled. viii. Unique physical specifications of plants (e.g., bare -root, field -potted, multi -trunk), if applicable. 3. Include the following: General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. ii. Spacing of proposed plantings. Page 13 of 20 DRAFT: 01/20/2010 iii. Topography iv. Trunk diameter of all existing trees whose trunk circumference is greater than 18.5 inches, measured 54 inches above grade. v: Existing features to remain, such as trees, fencing, hardscape, etc. vi. Existing features to be removed. vii. Identification of pertinent site factors such as sun exposure, microclimate, property lines, buildings, underground/above-ground utilities, existing drainage features, etc. viii. Proposed grading. For earthwork exceeding 150 cubic yards, or for cuts or fills exceeding five vertical feet, a grading permit will be required. ix. Seed mix, if applicable. 4. Delineate and label each hydrozone; 5. Identify each hydrozone as low water, moderate water, high water, or mixed (low/moderate) water use, as defined by WUCOLS; 6. Identify special landscape areas; 7. Identify type of mulch and application depth; 8. Identify type and wet surface area of water features; 9. Identify hardscapes (pervious and non -pervious); and 10. Contain the following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them for the efficient use of water in the landscape design plan." E. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain: 1. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices; 2. Static water pressure at the point of connection to the public water supply; 3. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; 4. Irrigation schedule; Page 14 of 20 DRAFT: 01/20/2010 5. Location and size of separate water meters for landscape (if applicable); and, 6. The following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan." F. Grading. If the landscape project area will be graded, then, at a minimum, grading contours and quantities shall be shown on the landscape design plan. Grading shall meet all applicable requirements of the [jurisdiction] grading ordinance ([refer to code section]), including permitting requirements for grading in excess of established permit thresholds. A geotechnical engineer should be consulted prior to the installation of landscaping materials and irrigation hardware on slopes greater than 50%, or in any areas where slope stability may be compromised. G. Wildfire Management. Plant list shall exclude plant types that increase wildfire susceptibility. In areas designated wildland urban interface, the plan shall demonstrate that plants have been selected and arranged to provide defensible space for wildfire protection, in conformance with Public Resources Code Section 4291. H. Storm Water Management. Storm water best management practices shall be incorporated as appropriate into the landscape installation, the details of which shall be shown on the landscape design plan. Installation shall be subject to the (jurisdiction]'s National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and [refer to code section]. § 00.090 Water Budget Calculation Project applicant may elect to complete a water budget calculation for the landscape project. A water budget must be completed by a certified professional who is authorized by the State of California to complete a water budget. Water budget calculations shall adhere to the following requirements: A. The plant factor used shall be from WUCOLS. The plant factor ranges from 0.0 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants. B. The wet surface area of a water feature shall be counted as an area of high water using plants for purposes of a water budget calculation, except as provided in subsection C, below. C. The wet surface area of a pool or spa with a cover shall be counted as an area of medium water using plants for purposes of a water budget calculation. Page 15 of 20 DRAFT: 01/20/2010 D. Where low and moderate water use plants are be mixed within a single hydrozone, the entire hydrozone area shall be classified as moderate water use for purposes of a water budget calculation. High water use plants shall not be mixed with low or moderate water use plants. E. All special landscape areas shall be identified and their water use included in the water budget calculations. F. The reference evapotranspiration adjustment factor (ETAF) for special landscape areas shall not exceed 1.0. The ETAF for the remaining landscaped area shall not exceed 0.7. G. Irrigation system efficiency shall be greater than or equal to 70%. H. Maximum applied water allowance (MAWA) shall be calculated using the equation below: MAWA = (ETo) (0.62) [(0.7 x LA) + (0.3 x SLA)] Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre -inches to gallons) 0.7 = Reference Evapotranspiration Adjustment Factor (ETAF) LA = Landscape Area including SLA (square feet) 0.3 = Additional Water Allowance for SLA SLA = Special Landscape Area (square feet) I. A project applicant may consider effective precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate the MAWA: MAWA= (ETo - Eppt) (0.62) [(0.7 x LA) +. (0.3 x SLA)] Estimated total water use (ETWU) shall be calculated for each hydrozone using the equation below. The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA. ETWU = (ETo)(0.62)PF HA +SLA Where: ETWU = Estimated Total Water Use per year (gallons) ETo = Reference Evapotranspiration (inches) PF = Plant Factor from WUCOLS (B32-2(nn)) HA = Hydrozone Area [high, medium, and low water use areas] (square feet) Page 16 of 20 DRAFT: 01/20/2010 SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.70) § 00.100 Soil Analysis. The [Planning Office] shall have discretion to require soil analysis as a condition of approval for any [major project permit types, e.g., design review, grading permit, or use permit], where a landscape project submittal is required. A soil analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, percent organic matter, etc), and provide recommendations for amendments as appropriate to optimize the productivity and water - efficiency of the soil.. The soil analysis report shall be made available to the professionals preparing the landscape and irrigation design plans in a timely manner either before or during the design process. A copy of the soils analysis report shall be submitted to the [Planning Office] as part of the landscape documentation package. § 00.110 Landscape Installation Report Landscape installation assessment for new or rehabilitated landscapes shall be conducted by a certified landscape professional after the landscaping and irrigation system have been installed. The findings of the assessment shall be consolidated into a landscape installation report. A. The landscape installation report shall include, but is not limited to: inspection to confirm that the landscaping and irrigation system were installed as specified in the landscape and irrigation design plan, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule. B. The landscape installation report shall include the following statement: "The Iandscape and irrigation system has been installed as specified in the landscape and irrigation design plan and complies with the criteria of the ordinance and the permit." C. The [jurisdiction] shall administer ongoing programs that may include, but not be limited to, post -installation landscape inspection, irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations to evaluate compliance with the MAWA. Page 17 of 20 DRAFT: 01/20/2010 § 00.120 Landscape and Irrigation Maintenance Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with this [chapter]. A maintenance schedule shall be established and submitted to the [Planning Office] either with the landscape application package, with the landscape installation report, or any time before the landscape installation report is submitted. Maintenance contract documentation shall be provided to the [Planning Office] if so requested. A. The timing of the maintenance schedule shall extend 30 months from the date of the landscape installation report, unless a different time period is established by the [Planning Office] under a condition of permit approval. The landscape professional(s) overseeing maintenance activities shall provide to the [Planning Office] a minimum of three summary reports at appropriately spaced intervals over the 30 -month period. The reports shall evaluate the condition of the installation, and describe maintenance needs and any actions taken. B. Maintenance shall include, but not be limited to the following: routine inspection; pressure testing, adjustment and repair of the irrigation system; aerating and de- thatching turf areas; replenishing mulch; fertilizing; pruning; replanting of failed plants; weeding; pest control; and removing obstructions to emission devices. C. Failed plants shall be replaced with the same or functionally equivalent plants that may be size -adjusted as appropriate for the stage of growth of the'overall installation. Failing plants shall either be replaced, or be revived through appropriate adjustments in water, nutrients, pest control or other factors as recommended by a landscaping professional. § 00.130 Landscape Project Referral The [Planning Office] shall refer the landscape project documents to any [jurisdiction] department or outside agency whose interests or area of expertise warrants their participation in the review process. Referral agencies may include, but are not limited to, [Santa Clara Valley Water.District, Fire Department,'and Clean Water Program]. § 00.140 Landscape Project Review Fee. The submittal of a landscape and irrigation design plan shall be accompanied by a project review fee as provided by the fee schedule adopted by the [legislative body]. Page 18 of 20 DRAFT: 01/20/2010 § 00.150 Audit of Existing Landscapes The [jurisdiction] shall be authorized to require audits to evaluate water use on established landscapes larger than one acre. Such audit may be also be initiated as a coordinated effort between the [jurisdiction] and a water purveyor (e.g., Santa Clara Valley Water District, as part of the Water District's established outdoor water conservation programs). When such audit is required, it must be completed by a certified landscape irrigation auditor. Following the findings and recommendations of the certified landscape irrigation auditor, the [jurisdiction] may require adjustments to irrigation usage, irrigation hardware, and/or landscape materials to reduce irrigation water use. Landscape renovation or rehabilitation resulting from such audit activity shall be considered a landscape project, and shall be subject to applicable document submittal requirements of Section 00.070. For established landscapes that have dedicated irrigation meters, the maximum applied water allowance (MAWA) shall be calculated as follows: MAWA= (ETo) (0.62) (LA) (0.8) Where: MAWA = Maximum Applied Water Allowance (gallons per year) ETo = Reference Evapotranspiration (inches per year) 0.62 = Conversion Factor (acre -inches to gallons) LA = Landscape Area (square feet) 0.8 = Reference Evapotranspiration Adjustment Factor (ETAF) § 00.160 Public Education A. The [jurisdiction] shall provide information to all applicants regarding the design, installation, management and maintenance of water -efficient landscapes -and irrigation systems. B. All model homes that are landscaped shall have signs installed that provide information on the principles of water -efficient landscaping. § 00.170 Penalties Non-compliance with any applicable provision of this [chapter] shall be subject enforcement action, as provided in [code reference]. Page 19 of 20 DRAFT: 01/20/2010 PASSED AND ADOP'T'ED by the [legislative body] of the [jurisdiction] on [date] by the following vote: AYES: NOES: ABSTAIN: Page 20 of 20 DRAFT: 01/20/2010