HomeMy WebLinkAbout07-ATTACHMENT C (EXISTING TUSTIN CITY CODE SECTIONS 9701-9706) ATTACHMENT C
Existing Tustin City Code
Sections 9701-9706
Tustin, CA Code of Ordinances Page 1 of 5
CHAPTER 7 - WATER EFFICIENT LANDSCAPES
9701 - PURPOSE
The purpose and intent of this Chapter is to provide for water efficient landscapes in compliance
with State law.
(Ord. No. 1376, Sec. II, 12-1-09)
9702 -APPLICABILITY
a
Beginning January 1, 2010, all planting, irrigation, and landscape-related improvements required by
this Water Efficient Landscape Ordinance shall apply to the following landscape projects:
1. New landscape installations or landscape rehabilitation projects by public agencies or private
nonresidential developers, except for cemeteries, with a landscaped area, including pools or
other water features but excluding hardscape, equal to or greater than two thousand five
hundred (2,500) square feet, and which are otherwise subject to a discretionary approval of a
landscape plan, or which otherwise require a ministerial permit for a landscape or water
feature.
2. New landscape installations or landscape rehabilitation projects by developers or property
managers of single-family and multifamily residential projects or complexes with a
landscaped area, including pools or other water features but excluding hardscape, equal to or
greater than two thousand five hundred (2,500) square feet, and which are otherwise subject
to a discretionary approval of a landscape plan, or which otherwise require a ministerial
permit for a landscape or water feature.
3. New landscape installation projects by individual homeowners on single-family or multifamily
residential lots with a total project landscaped area, including pools or other water features
but excluding hardscape, equal to or greater than five thousand (5,000) square feet, and which
are otherwise subject to a discretionary approval of a landscape plan, or which otherwise
require a ministerial permit for a landscape or water feature.
b
Section 9704b of the Landscape Water Use Standards of this Ordinance shall apply to:
1. All landscaped areas, whether installed prior to or after January 1, 2010; and
2. All landscaped areas installed after January 1, 2010, to which Section 9702a is applicable.
c
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. Plant collections, as part of botanical gardens and arboretums open to the public.
(Ord. No. 1376, Sec. II, 12-1-09)
9703 - IMPLEMENTATION PROCEDURES
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a Prior to installation, a Landscape Documentation Package shall be submitted to the City for review
and approval of all landscape projects subject to the provisions of this Water Efficient Landscape
Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the
provisions of the Guidelines.
b The Landscape Documentation Package shall include a certification by a landscape architect
appropriately licensed in the State of California stating that the landscape design and water use
calculations have been prepared by or under the supervision of the licensed landscape architect
and are certified to be in compliance with the provisions of this Water Efficient Landscape
Ordinance and the Guidelines.
1. Landscape and irrigation plans shall be submitted to the City for review and approval with
appropriate water use calculations.
2. Water use calculations shall be consistent with calculations contained in the Guidelines and
shall be provided to the local water purveyor, as appropriate, under procedures determined
by the City.
3. Verification of compliance of the landscape installation with the approved plans shall be
obtained through a Certification of Completion in conjunction with a Certificate of Use and
Occupancy or Permit Final process, as provided in the Guidelines.
(Ord. No. 1376, Sec. II, 12-1-09)
9704- LANDSCAPE WATER USE STANDARDS
a For applicable landscape installation or rehabilitation projects subject to Section 9702a of this
Water Efficient Landscape Ordinance, the Estimated Applied Water Use allowed for the
landscaped area shall not exceed the MAWA calculated using an ET adjustment factor of 0.7,
except for special landscaped areas where the MAWA is calculated using an ET adjustment factor
of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water-
efficient in a manner acceptable to the City; as provided in the Guidelines.
b Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and
requirements, and shall be subject to penalties and incentives for water conservation and water
waste prevention as determined and implemented by the local water purveyor or as mutually
agreed by local water purveyor and the local agency.
(Ord. No. 1376, Sec. II, 12-1-09)
9705 - DELEGATION
The City may delegate to, or enter into a contract with, a local agency to implement, administer,
and/or enforce any of the provisions of the Water Efficient Landscape Ordinance on behalf of the City.
(Ord. No. 1376, Sec. II, 12-1-09)
9706 - DEFINITIONS
The following terms as used in this Chapter shall have the respective meanings as set forth except
when the context clearly indicates otherwise:
"Applied water" means the portion of water supplied by the irrigation system to the landscape.
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"Budget-based tiered-rate structure" means tiered or block rates for irrigation accounts charged by
the retail water agency in which the block definition for each customer is derived from lot size or
irrigated area and the evapotranspiration requirements of landscaping.
"Ecological restoration project" means a project where the site is intentionally altered to establish a
defined, indigenous, historic ecosystem.
"Estimated Applied Water Use"means the average annual total amount of water estimated to be
necessary to keep plants in a healthy state, calculated as provided in the Guidelines. It is based on the
reference evapotranspiration rate, the size of the landscape area, plant water use factors, and the
relative irrigation efficiency of the irrigation system.
"ET adjustment factor"or "ETAF" is equal to the plant factor divided by the irrigation efficiency factor
for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local
reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that
influence the amount of water that needs to be applied to the specific landscaped area. A combined
plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average
irrigation efficiency of 0.71 produces an ET adjustment factor of(0.7)_(0.5/0.71), which is the standard
of water use efficiency generally required by this Water Efficient Landscape Ordinance and the
Guidelines, except that the ETAF for a special landscape area shall not exceed 1.0.
"Guidelines" refers to the Guidelines for Implementation of the Water Efficient Landscape
Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for
landscape projects subject to this Water Efficient Landscape Ordinance.
"Hardscapes"means any durable material or feature (pervious and non-pervious) installed in or
around a landscaped area, such as pavements or walls. Pools and other water features are considered
part of the landscaped area and not considered hardscapes for purposes of this Water Efficient
Landscape Ordinance.
"Homeowner-installed landscape" 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 definition
excludes speculative homes, which are not owner-occupied dwellings and which are subject under this
Ordinance to the requirements applicable to developer-installed residential landscape projects.
"Irrigation efficiency"means the measurement of the amount of water beneficially used divided by
the amount of water applied. Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices. The minimum average irrigation efficiency
for purposes of this Water Efficient Landscape Ordinance is 0.71. Greater irrigation efficiency can be
expected from well designed and maintained systems.
"Landscaped area"means all the planting areas, turf areas, and water features in a landscape
design plan subject to the Maximum Applied Water Allowance and Estimated Applied Water Use
calculations. The landscaped area does not include footprints of buildings or structures, sidewalks,
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driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious
hardscapes, and other nonirrigated areas designated for nondevelopment(e.g., open spaces and
existing native vegetation).
"Landscape contractor"means a person licensed by the State of California to construct, maintain,
repair, install, or subcontract the development of landscape systems.
"Landscape Documentation Package"means the documents required to be provided to the City for
review and approval of landscape design projects, as described in the Guidelines.
"Landscape project" means total area of landscape in a project, as provided in the definition of
"landscaped area," meeting the requirements under Section 1.1 of this Water Efficient Landscape
Ordinance.
"Local agency" means a city or county, including a charter city or charter county, that is authorized
by the City to implement, administer, and/or enforce any of the provisions of the Water Efficient
Landscape Ordinance on behalf of the City. The local agency may be responsible for the enforcement
or delegation of enforcement of this Water Efficient Landscape Ordinance including, but not limited to,
design review, plan check, issuance of permits, and inspection of a landscape project.
"Local water purveyor" means any entity, including a public agency, city, county, or private water
company that provides retail water service.
"Maximum Applied Water Allowance"or "MAWA" means the upper limit of annual applied water for
the established landscaped area as specified in Section 2.2 of the Guidelines. It is based upon the
area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area.
The Estimated Applied Water Use shall not exceed the Maximum Applied Water Allowance.
"New construction" means, for the purposes of this Water Efficient Landscape Ordinance, a new
building with a landscape or other new landscape such as a park, playground, or greenbelt without an
associated building.
"Nonpervious"means any surface or natural material that does not allow for the passage of water
through the material and into the underlying soil.
"Pervious" means any surface or material that allows the passage of water through the material
and into the underlying soil.
"Permit" means an authorizing document issued by the City for new construction or rehabilitated
landscape.
"Plant factor"or "plant water use factor" is a factor, when multiplied by ETo, that estimates the
amount of water needed by plants. For purposes of this Water Efficient Landscape Ordinance, the
plant factor range for low water use plants is 0 to 0.3; the plant factor range for moderate water use
plants is 0.4 to 0.6; and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited
in this Water Efficient Landscape Ordinance are derived from the Department of Water Resources 2000
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publication "Water Use Classification of Landscape Species."
"Recycled water" or "reclaimed water"means treated or recycled waste water of a quality suitable
for nonpotable uses such as landscape irrigation and water features. This water is not intended for
human consumption.
"Reference evapotranspiration"or "ETo" means a standard measurement of environmental
parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or
year as represented in Appendix A of the Guidelines, and is an estimate of the evapotranspiration of a
large field of four-to seven-inch tall, coolseason grass that is well watered. Reference
evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.
"Rehabilitated landscape"means any relandscaping project that meets the applicability criteria of
Section 9702a, where the modified landscape area is greater than two thousand five hundred (2,500)
square feet, is fifty percent (50%) of the total landscape area, and the modifications are planned to
occur within one (1) year.
"Smart automatic irrigation controller" means an automatic timing device used to remotely control
valves that operate an irrigation system and which schedules irrigation events using either
evapotranspiration (weather-based) or soil moisture data.
"Special landscape area"means an area of the landscape dedicated solely to edible plants such as
orchards and vegetable gardens, 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.
"Valve" means a device used to control the flow of water in an irrigation system.
"Water feature"means a design element where open water performs an aesthetic or recreational
function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and
swimming pools (where water is artificially supplied). The surface area of water features is included in
the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site
wastewater treatment, habitat protection or stormwater best management practices that are not
irrigated and used solely for water treatment or stormwater retention are not water features and,
therefore, are not subject to the water budget calculation.
(Ord. No. 1376, Sec. II, 12-1-09)
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