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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: Page 1 (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 Page 2 (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 Page 3 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. Page 4 (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 Page 5 (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 Page 6 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) Page 7 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 Page 9