HomeMy WebLinkAboutOrdinance 339 Updating & Amending City Code - Water Efficient LandscapingORDINANCE NO. 339
AN ORDINANCE UPDATING AND AMENDING THE SARATOGA CITY CODE
REGARDING WATER EFFICIENT LANDSCAPING
Findings
1. The City of Saratoga wishes to update and amend the City Ordinance on Water Efficient
Landscaping.
2. The updates in this ordinance affect provisions of the City's Water Efficient Landscaping
regulations. The updates and amendments were considered by the Planning Commission
of the City of Saratoga and the Planning Commission has, after a duly noticed public
hearing on January 13, 2016, recommended adoption of these updates and amendments to
the Water Efficient Landscaping Ordinance.
3. The City Council of the City of Saratoga held a duly noticed public hearing on February
17, 2016 and after considering all testimony and written materials provided in connection
with that hearing, introduced this Ordinance.
Therefore, the City Council hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is updated and amended as set forth below.
Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted
is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this Ordinance.
Article 15-47 - WATER -EFFICIENT LANDSCAPING
15-47.010 - Purpose of Article.
The purpose of this Article 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 Article implements the California Water Conservation in
Landscaping Act.
15-47.015 - Applicability.
(a) The provisions of this Article shall not apply to the following projects or uses:
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(1) Any new or rehabilitated landscapes that do not require a building or landscape
permit, plan check or design review;
(2) Any rehabilitated landscape area that is less than or equal to 2,500 square feet;
(3) Any new landscapes less than five hundred square feet;
(4).Registered local, state or federal historical sites where landscaping establishes a
historical landscape style, as determined by the City Council;
(5) Surface mine reclamation projects that do not require a permanent irrigation
system;
(6) Ecolo ' ical re t ration s ro'ect that do not re t uire a ermanent irri ' ation s stem.
(7) Existin �_! lant collection as t art of botanical ' ardens and/or arboretums o en to
the public; or
(8) Agricultural and horticultural commerce (e.g. commercial activities such as
farming of grains, wine grapes, vegetables, fruit and nut trees and other
agricultural crop production: greenhouses; nurseries; and floriculture facilities.
development projects with a landscape area equal to or greater than two thousand five
hundred square feet requiring a building or landscape permit, plan check or design
(2) New construction and rehabilitated landscapes which are developer installed in single
thousand five hundred 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
permit, plan check or design review;
17.030).
to Section 15 17.070.
(b) Table defining applicability thresholds. The provisions of this Article shall net apply to
all projects or uses; that do not meet criteria for exemption in Section 15-47.015(a):
(1) Registered local, state or federal historical sites where landscaping establishes a
historical landscape style, as determined by the City Council;
(2) Surface mine reclamation projects that do not require a permanent irrigation system;
open to the public; or
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(5) Agricultural and horticultural commerce (for example, commercial activities such as
farming of grains, wine grapes, vegetables, fruit and nut trees and other agricultural
crop production; greenhouses; nurseries; and floriculture facilities).
Type of Project
Criteria
Threshold
Compliance Requirements
or Use
Small
Installing Small
500 to
Water Budget Option* or
Project or Use
New Landscape
2,500 sq ft
Streamlined Option**
Area
Large
Installing New
>2,500 sq ft
Water Budget Option*
Project or Use
Large Landscape
Area
Re -landscaping
Rehabilitating
>2,500 sq ft
Water Budget Option*
Project or Use
Existing
Landscape Area
Small Project
Meets Landscape
500 to,
Water Budget Option* or
or Use with
Water Budget
2,500 sq ft
partial Streamlined Option**
Graywater or
Requirements
(Per Section
Rainwater
with Graywater
15-47.020(c)(1))
Irrigation
or Rainwater
Capture System
Large Project
Use of Graywater
>2,500 sq ft
Water Budget Option*
or Use with
or Rainwater for
Graywater or
Large Landscape
Rainwater
Area
Irrigation
Cemetery
Cemeteries, New
All
Partial compliance (Per Section
Project
or Rehabilitated
Cemeteries
15-47.020(c) and 15-47.030)
Existing Large
Installed prior to
>one acre
Partial compliance (Per Section
Landscape
December 1, 2015
15-47.070)
Areas
that does not
meet above
criteria
*Full Compliance Option
** Prescri ive Corn s li. nce O s tion ur : n to A L l ndix D of h St , • M
Water Efficient Landscape Ordinance
15-47.020 - Demonstration of landscape water efficiency.
Unless otherwise specified in this Article, each project or use to which this Article is
applicable shall demonstrate that the landscape area complies with subsection (a), (b), of (be) or
(d) of this Section:
(a)
Department approval a completed water efficient landscape worksheet (Section 15
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17.020(b)(1)) and landscape and irrigation design plan (Section 15 17.010)
demonstrating that at least eighty percent of the plants in the landscape area are native or
low water use, and that the turf area does not exceed one thousand two hundred fifty
square feet, or twenty five percent of the total landscape area whichever is less; or
Small Project or Use - Streamlined Option. For each project or use with an
aggregate landscape area of less than or equal to 2,500 sq. ft., the applicant may
submit for Community Development Department approval a landscape and
irrigation design plan which conforms to the Prescriptive Compliance Option,
Appendix D of the State Model Water Efficient Landscape Ordinance. In order to
use the Streamlined Option, the applicant must demonstrate the following:
(1) For a residential area at least seventy-five percent of the landscape area is
native or low water use plants. Turf shall be less than twenty-five percent of the
landscape area.
(2) For a commercial area one hundred percent of the landscape area is native or
low water use plants. Turf is not permitted in the landscape area.
(b) Water budget restriction. Large Project or Use/Rehabilitated Landscape Project -
Water Budget Option. For each project or use that requires full compliance
pursuant to Section 15-47.015(b), Tthe applicant shall submit for Community
Development Department approval the following completed documents demonstrating
that the estimated total water use (ETWU) of the landscape area will not exceed the
maximum applied water allowance (MAWA):
(1) Water -efficient landscape worksheet, as provided by the Community Development
Department; and
(2) Water budget in compliance with the standards in Section 15-47.030; and
(3) Landscape and irrigation design plan in accordance with Section 15-47.040; and
(4) Certificate of completion. A certificate of completion, on such forms as may he
prescribed, shall be filed with the Community Development Department prior to
final building permit approval; and
Landscape plan check fee. Fees for review and processing of required documents,
as set forth in the fee schedule adopted by the City.
(ci. Project or Use with Graywater or Rainwater Irrigation Pursuant to Section 15-
47.015(b) — Water Budget or Partial Streamlined Option.
(5)
al For a project or use using treated or untreated graywater or rainwater
captured on site, any parcel within the project that has less than or equal to
2,500 square feet of landscape and meets the parcel's landscape water
requirement (Estimated Water Use) entirely with treated or untreated
graywater or through stored rainwater captured on site is subject only to
Appendix D Section (b)(5) of the State Model Water Efficient Landscape
Ordinance, available at the Community Development Department.
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(2) For a roject or use using treated or untreated graywater or rainwater
c tur s on site _nsar 1 i hin h sri • h h: mor h 2 I I . i .re
feet of landscape shall be subject to a water budget pursuant to Section 15-
47.030 and shall submit for Community Development Department approval
completed documents referenced in Section 15-47.020 bl demonstrating that
the estimated total water use (ETWU) of the landscape area will not exceed the
maximum applied water allowance (MAWA).
(d) Other Projects Pursuant to Section 15-47.015(b) — Partial Compliance.
(1) Any new or rehabilitated cemetery shall be subject to a water budEet s ursuant
to Section 15-47.030 and shall submit for Community Development
De ar ment . s royal om s le e i do m nts r f r n i Se i i n 1-47.020
demonstrating that the estimated total water use (ETWU of the landscape
area will not exceed the maximum applied water allowance (MAWA).
(2) An existin ' Ian ' s e : re . 1. r ' r th : n on re in ludin ' : me _ sh .11
comply with Section 15-47.070.
15-47.030 - Water bBudget sStandards (Water Budget Option Requirements).
If the applicantelects to comply complies with Article 15-47 by means of the "water
budget" restriction option, a water budget is required, which shall satisfy the following
requirements:
(a) The water budget must be completed by a certified professional who is authorized by
the State of California to complete a water budget.
(b) The maximum applied water allowance (MAWA) (gallons per year) shall be calculated
using the equations set forth below:
Standard MAWA = (ETo) (0.62) [(0.7 ETAF x LA) + (0.3 1-ETAF) x SLA)]
Where:
ETo = Reference Evapotranspiration (inches per year)
ETAF = ET Adjustment Factor (Section 15-47.030(e))
0.62 = Conversion Factor (acre -inches to gallons per year)
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)*
XS ecial Lan s sca Are . SLA me: ns an . re: of h Ins : i s e s i : te. of 1 o
edible Ian s recreation .1 • r . s . r . s irri ' a
using recycled water.
wi h re
1
a er or
ter f
rs
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(c) The estimated total water use (ETWU) (gallons) shall be calculated using the equations
set forth below:
ETWU = (ETo)(0.62)(P x HAIE + SLA)
Where:
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS
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 0.705 for overhead spray devices and
0 :1 f i r s ri s stems
*Hydrozone area means a portion of the landscaped area having plants with similar
water needs and rooting depth. A hydrozone area may be irrigated or non-
irrigated.
(d) The sum of the ETWU calculated for all hydrozones shall not exceed the MAWA.
(e) The reference evapotranspiration adjustment factor (ETAF) for new and existing (non-
rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for the
remaining landscaped area shall not exceed 0.755 for residential areas and 0.45 for
nonresidential areas.
(f) The plant factor used shall be:
(1) from the Water Use Classification of Landscape Species (WUCOLS), hereby
adopted by reference as published by the University of California Cooperative
Extension, the Department of Water Resources and the Bureau of Reclamation and
kept on file at the Community Development Department; or
a) From horticultural researchers with academic institutions or professional
associations as approved by the California Department of Water Resources
(DWR).
(g) Each water feature shall be included in the high water use hydrozone.
(h) Each special landscape area (SLA) shall be identified, and its water use included, in the
water budget calculations.
Irrigation system efficiency shall be greater than or equal to seventy-five percent for
overhead spray devices and eighty-one percent for drip system devices.
(j) A project applicant may consider effective precipitation (twenty-five percent of annual
precipitation) in tracking water use and may use the alternative MAWA equation set
forth below:
(i)
Alternative MAWA for Residential Areas = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.345 x
SLA)] where ETAF — 0.3
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Alternate MAWA for Non -Residential Areas = (ETo — Eppt) (0.62) (0.45 x LA) + (0.55 x
SLA)
15-47.040 - Landscape and irrigation plan.
(a) The landscape and irrigation plan shall be prepared by, andbear the signature of, a licensed
landscape architect, licensed landscape contractor, or that of a certified or authorized
professional who is authorized by the State of California to complete a water budget, and
shall contain the following statement: "I have complied with the criteria of the City of
Saratoga Water Efficient Landscape Ordinance currently in effect and applied them for the
efficient use of water in the Landscape and Irrigation Plan."
(b) The landscape and irrigation plan shall constitute an exhibit to, and contain all information
required on, the water efficient landscape and irrigation plan checklist, developed by the
Community Development Department, as necessary to demonstrate compliance with Article
15-47, and shall at a minimum:
(1) Identify type and location of all irrigation systems, meters, automated controls, separate
valves, hours of operation, and efficiency levels. Irrigation systems are required to
have pressure regulators and master -shut off valves.
(2) Identify type and location of all plant material, turf and non -turf areas, and mulching.
Turf shall be less than twenty-five percent of the landscape area in residential
areas and there shall be no turf in nonresidential areas.
(3) Identify all hydrozones and special landscape areas including square footage of each
separate hydrozone.
(4) Identify all hardscapes and water features.
(5) Identify all low impact development (LID) site design measures as required to comply
with any and all stormwater management requirements established by law.
(6) Identify all grading contours and quantities, as applicable. Turf shall not be planted on
sloped areas which exceed a slope of one foot vertical elevation Chane for eve
four feet of horizontal length.
Identify all dedicated landscape water meters or submeters, which shall be required for
all non-residential irrigated landscapes areas greater than one thousand square feet
or greater and residential irrigated landscapes greater than five thousand square feet,
except for those installations where irrigation water is provided by an individual on-site
well. Flow sensors that detect and report high flow conditions due to broken pieces
and/or o e i s s rinkl r h. ds ar r' ire • for L n s sc :' . r ' r r h. n 1 10
square feet.
Irrigate with subsurface irrigation or other means that produce no runoff or
overspra for all areas less than ten feet in width in any direction.
subsurface irrigation er law - _ •• -
narrow or irregularly shaped areas, including turf, less than eight feet in width in any
(7)
(8)
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direction. Turf is prohibited in parkways less than ten feet wide unless the parkway
is adjacent to a parking strip and used to enter and exit vehicles.
(9) For established landscapes that have dedicated irrigation meters, the maximum applied
water allowance (MAWA) shall be calculated as follows:
Audited MAWA = (ETo) (0.62) (LA) (0.8) where ETAF = 0.8
(10) Identify any applicable graywater discharge piping system components and areas
of
distribution.
15-47.050 - Landscape and irrigation maintenance.
As to each project or use to which this Article 15-47 is applicable, each landscape area shall
be maintained in compliance with the standards in Article 15-47 to ensure water use efficiency,
including by inspection; adjustment and repair of the irrigation system and its components;
aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; weeding in each
landscape area; and removing obstructions to emission devices.
15-47.060 - Stormwater management and Rainwater Retention.
Stormwater best management practices shall be implemented into each project landscape
and irrigation plan and each project grading design plan to minimize runoff and to increase on-
site rainwater retention and infiltration and be consistent with any and all stormwater
management requirements.established by law.
15-47.070 - Provisions for existing landscape areas over one acre in size.
Each property owner of a property containing landscape area(s) over one acre in size, that
were installed prior to adoption of the ordinance codified in this Article, and do not otherwise
meet the applicability criteria of Section 15-47.015, shall:
(a) Cooperate with their water purveyors who may provide water waste prevention
recommendations resulting from a landscape irrigation water use analysis, landscape
irrigation audit, and/or landscape irrigation survey.
(b) Maintain irrigation levels not exceeding the standard MAWA equation if the site has a
water meter.
(c) Attain to the greatest extent practicable, taking into account the limitations of the
existing irrigation system and if necessary by retrofitting sprinkler heads, a minimum of
0.7 lower quarter distribution uniformity for contiguous turf areas that are one acre or
more in area.
15-47.080 - Penalties.
Any violation of this Article shall be subject to enforcement in accordance with the terms
thereof and in addition to any other rights and remedies available to the City under Chapter 3 of
this Code by reason of the same violation.
Page 8
Section 2. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 17th day of February 2016 and
was adopted by the following vote on March 16, 2016.
COUNCIL MEMBERS:
AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary -
Lynne Bernald, Howard A. Miller, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Crestal Bothelio, CITY CLERK
IGNED
E. ' aimy appello
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE:
APPROVED AS TO FORM:
• DATE:
Richard Taylor, CITY ATTORNEY
768109.1
(D -D
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