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Ordinance 2012-04ORDINANCE NO. 2012-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING ZONING ORDINANCE SECTION 38, "LANDSCAPING," TO ESTABLISH NEW WATER EFFICIENT LANDSCAPING REGULATIONS PURSUANT TO THE CALIFORNIA WATER CONSERVATION IN LANDSCAPING ACT OF 2006 WHEREAS, there is a limited supply of water available to serve the residents and businesses of the City of Gilroy ( "City "); and and WHEREAS, landscape irrigation requires significant quantities of potable water; WHEREAS, the City wishes to encourage the efficient use of water in order to optimize the use of the limited supply; and WHEREAS, the State of California has adopted the California Water Conservation in Landscaping Act of 2006 (AB 1881), and the California Department of Water Resources has subsequently developed a model implementing ordinance for jurisdictions to implement or develop and adopt an effectively equivalent ordinance; and WHEREAS, staff from the City has worked with staff from the Santa Clara Valley Water District and other jurisdictions in developing a regional model ordinance that promotes the adoption of similar ordinances throughout Santa Clara County; and WHEREAS, the City Council wishes to amend the City of Gilroy Zoning Ordinance to ensure that new development in the City will have water efficient landscaping; and IMDOLINGER11035257.4 ORDINANCE NO. 2012-04 022112 - 04706083 WHEREAS, the City Council finds that this Ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to CEQA Guidelines section 15307, which applies to local ordinances for the protection of natural resources. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN AS FOLLOWS: SECTION I FINDINGS A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the City. B. The City is located in a semi -arid region and is dependent upon local surface water, groundwater and imported water supplies. A growing population, climate change, environmental concerns and other factors in other parts of the State and western United States make the region highly susceptible to water supply reliability issues. C. There is a need for a water conservation program and regulations because there is a limited supply of water available to serve the residents and businesses of the City and demand for water has at times exceeded supply, threatening a water shortage. D. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs. E. Article X Section 2 of the California Constitution declares that the general welfare requires that 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. 2 1MDOLINGEM1035257.4 ORDINANCE NO. 2012 -04 022112-04706083 F. Article XI Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local police, sanitary, and other ordinances and regulations not in conflict with general laws. G. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies. H. The adoption and enforcement of a water efficient landscaping ordinance is necessary to comply with California law, to manage the City's potable water supply in the short and long term, and to avoid or minimize the effects of drought and water shortage within the City. Such program is essential to ensure a reliable and sustainable minimum supply of water for the public health safety and welfare. SECTION II DECLARATION OF PURPOSE AND INTENT The purpose of this Ordinance 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. The amendments to Section 38 of the Gilroy Zoning Ordinance adopted herein are intended to implement the California Water Conservation in Landscaping Act of 2006. SECTION III Section 38 of the Gilroy Zoning Ordinance is hereby amended as set forth in Exhibit "A," which is attached hereto and incorporated herein. SECTION IV If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. 3 1MDOLINGER11035257.4 ORDINANCE NO. 2012 -04 022112-04706083 SECTION V Pursuant to section 608 of the Charter of the City of Gilroy, this Ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. PASSED AND ADOPTED this 19th day of March, 2012 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, LEROE- MUNOZ, TUCKER, WOODWARD and PINHEIRO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE APPROVED: Albert Pinheiro, Mayor 4 UNDOLâ–ºNGER11035257.4 ORDINANCE NO. 2012-04 022112-04706083 EXHIBIT "A" Amendments and Additions to Section 38 of the City of Gilroy Zoning Ordinance 1. Section 38.21 is amended to read as follows: "Section 38.21 Residential Zones Developers of residential projects located in the R1, R2, R3, R4, Neighborhood District, and Downtown Specific Plan zones shall landscape all yard areas that are not specifically used for driveways, walkways, patios or similar purposes. At least thirty -five percent (35 %) of the required landscaped area shall be designed to be usable as open recreational area." 2. Section 38.22 is amended to read as follows: "Section 38.22 Commercial Zones All commercial development shall provide a minimum twenty -one (21) foot wide planter area, measured from the face of curb along each street frontage (public sidewalks may be permitted in this planter area). At least eight percent (8 %) of the gross land area, in addition to the public right -of -way, shall be landscaped, except in the Downtown Specific Plan districts where front and side yard setbacks are not utilized. All portions of a site with over forty (40) square feet of area not specifically used for parking, driveways, walkways, or similar access shall be landscaped. Trees shall be planted on average every twenty (20) feet on center or with a greater spacing as appropriate to maintain proper tree health as determined by a licensed landscape architect. Landscaped islands shall be located in parking lots at the rate of at least fifty (50) square feet for every twelve (12) stalls, and shall be evenly distributed throughout the parking area. Planter areas shall be at least five (5) feet wide. Planter areas containing trees shall be a minimum of eight (8) feet in width." 3. Section 38.23 is amended to read follows: "Section 38.23 Industrial Zones All industrial developments shall landscape the front and side yard areas adjacent to streets as required by this Ordinance, which are not specifically used for parking, driveways, walkways, or similar paved access. Such paved areas shall not exceed fifty percent (50 %) of the area of said setbacks. In no case shall landscaping planters adjacent to a street be less than 18.5 feet wide (measured from the face of curb). Additional landscaping shall be required to fully screen exposed storage yards. Industrial development in the Cl (Campus Industrial) zoning district shall provide a minimum of 15 percent of the gross land area in ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 landscaping. In all industrial zones, planter areas shall be at least five (5) feet wide." 4. Section 38.30 is amended to read as follows: "Section 38.30 Requirements Landscaping Installation and Maintenance (e) All plant materials shall be maintained in a live and healthy condition, and free of weeds. Except for owners of properties in the R1 zoning district, property owners shall be required to remove weeds and maintain the landscaping in accordance with the approved landscaping plan for the life of the development." 5. A new Section 38.50 is added to read as follows: "Section 38.50 Water Conservation in Landscaping (a) Statement of Intent The intent of this section 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 section implements the California Water Conservation in Landscaping Act. (b) Applicability 1. The provisions of this section shall apply to the following: a. New and rehabilitated landscaping for public agency projects, private development projects, and multi - family residential projects where the landscape area exceeds 2,500 square feet and a building permit is required, except as exempted by section 38.50 (b)2. This section shall not apply to single - family homes, except as indicated below; b. New and rehabilitated developer - installed landscaping in single - family residential projects where the cumulative landscape area of all homes in the project exceeds 2,500 square feet and a building permit is required; c. New and /or rehabilitated homeowner - installed and /or homeowner -hired landscaping in single - family residential projects where the landscape area exceeds 5,000 square feet and a building permit is required; d. Existing landscapes larger than one acre, including cemeteries, shall be subject to the provisions of Section 38.50 (n), "Audit of Existing Landscapes "; and ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112 - 04706083 e. New and rehabilitated cemeteries shall only be subject to the provisions of Section 38.50 (i), "Water Budget Calculation," 38.50 (k), "Landscape Installation Report," and 38.50 (1), "Landscape and Irrigation Maintenance." 2. The provisions of this section shall not apply to: a. Registered local, state or federal historical sites where landscaping establishes an historical landscape style, as determined by the Historic Heritage Committee; b. Ecological restoration projects that do not require a permanent irrigation system; c. Community gardens or plant collections, as part of botanical gardens and arboretums open to the public; d. Special Landscape Areas as defined in Section 38.50 (c), "Definitions," of this section; or e. Any commercial cultivation of agricultural products, including, but not limited to, products of farms, orchards, production nurseries and forests. 3. Notwithstanding Section 38.50 (n), "Audit of Existing Landscapes," those development projects that were required by the city to install landscaping prior to the adoption of this ordinance that do not meet the requirements of this ordinance may, at the discretion of the applicant, apply for a permit from the city to re- landscape the required landscape area in conformance to the requirements of this ordinance. Approved landscaping and irrigation plans that do not meet the requirements of this ordinance may, at the discretion of the city, be replaced with landscaping requirements that meet the requirements of this ordinance. (c) Definitions The definitions of terms in this section shall apply wherever these terms appear within this section, unless it is apparent from the context that a different meaning is intended. Applied water: The portion of water supplied by the irrigation system to the landscape. Automatic irrigation controller: 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. ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112 - 04706083 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. 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. 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. Certified professional: A certified irrigation designer, certified landscape irrigation auditor, or any other person authorized by the state to complete a water budget or irrigation audit. Conversion factor: The number (0.62) that converts acre - inches per acre to gallons per square foot. Ecological restoration project: A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem. Effective precipitation (Eqpt): The portion of total precipitation which becomes available for plant growth. Estimated Total Water Use (ETWU): The total water used for the landscape as described in Section VIII "Water Budget Calculations." Evapotranspiration adiustment 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 need 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. Evapotranspiration rate: The quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time. Hardscape: 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. Hydrozone: A portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non - irrigated ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 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. 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. Irrigation efficiency QE): 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. 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. Landscape architect: A person who holds a license to practice landscape architecture in California as further defined by the California Business and Professions Code, Section 5615. Landscape area: All the planting areas, turf areas, and water features (including pools and spas) 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). Landscape contractor: A person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. 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. Lateral line: The water delivery pipeline that supplies water to the emitters or sprinklers from the valve. 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. ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112 - 04706083 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. 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 Manager. 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." Mined -land reclamation projects: Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975. 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. Native plant: A plant indigenous to a specific area of consideration. For the purpose of this section, 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. 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. Operating pressure: The pressure at which the parts of an irrigation system are designed by the manufacturer to operate. Overhead sprinkler irrigation system: A system that delivers water through the air (e.g., spray heads and rotors). Overspray: Irrigation water that is delivered beyond the target area. Plant factor: A numerical factor, when multiplied by reference evapotranspiration (ETo), that estimates the amount of water needed by plants. Plant factors are based on the publication 'Water Use Classification of Landscape Species" (WUCOLS). Rain sensor or rain sensing shutoff device: A component that automatically suspends an irrigation event when it rains. ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 Recycled water: Treated wastewater of a quality suitable for non - potable uses including landscape irrigation and water features. Reference evapotranspiration (ETo): A standard measurement of environmental parameters that affect the water use of plants. Rehabilitated landscape: Any re- landscaping project that requires a building permit or requires a new or expanded water service application. Runoff: Water that is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. Soil moisture sensor: A device that measures the amount of water in the soil. The device may also initiate or suspend irrigation. 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. Sprinkler head: A device that delivers water through a nozzle. Station: An area served by one valve or by a set of valves that operate simultaneously. 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. Valve: A device used to control the flow of water in the irrigation system. Water feature: A landscape design element where open water performs an aesthetic or recreational function. Water features include ponds, fountains, waterfalls and artificial streams, as well as spas and swimming pools that are ancillary to single - family, two- family and multi - family residential uses. 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. 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. ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 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. (d) Demonstration of Landscape Water Efficiency Applicants for projects subject to this section may choose one of the following two options to demonstrate that a landscape proposal meets the ordinance's water - efficiency goals. Plant -type restriction option: The plan, checklist and any accompanying documentation must demonstrate all of the following as a means of achieving the required 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. 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 38.50 (e) shall be met. Water budget option: Project applicants may elect to prepare a water budget calculation, per the provisions of Section 38.50 (i), as a means of demonstrating water efficiency. (e) Water - Efficient Design Elements The elements of a landscape shall be designed to achieve water efficiency consistent with the intent of this section. 1. Plant Material: a. 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. b. 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 Estimated Total Water Use (ETWU) of the landscape area does not exceed the Maximum Applied Water Allowance (MAWA). c. Turf shall not be planted on slopes greater than 25% d. Turf areas shall not be less than eight feet wide. ORDINANCE NO. 2012-04 IMDOLINGER11035257.4 022112- 04706083 e. 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. f. The horticultural attributes of plant species (e.g. mature plant size, invasive roots, structural attributes) shall be considered to minimize the potential for damage to property or infrastructure (e.g. buildings, septic systems, sidewalks, power lines). g. 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 and the "Consolidated Landscaping Policy." h. Installation of invasive plant species shall be prohibited. i. Existing invasive plants and noxious weeds within or adjacent to the proposed landscape area shall be removed prior to installation. j. The architectural guidelines, conditions, covenants or restrictions of a common interest development shall not supersede this section. 2. 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: a. 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. b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data for irrigation scheduling are required. c. 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. d. 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. e. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions. ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112- 04706083 f. Low - volume irrigation shall be required in mulched areas, in areas with slopes greater than 25 %, within 24 inches of a non - permeable surface, or in any narrow or irregularly shaped areas that are less than 8 feet in width in any direction. g. 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 %. h. 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. 3. Soil, conditioning, and mulching: a. At the time of installation, a minimum of 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. b. 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. c. A minimum two -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). d. Stabilizing mulching products shall be used on slopes. 4. Hydrozones: a. 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. b. The flow of water to each hydrozone shall be controlled by a separate valve. c. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone. d. 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. ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112-04706083 5. Water Features: a. Recirculating water systems shall be used for water features. 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 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. (f) Components of a Landscape Project Submittal Unless otherwise specified, the following items shall be completed and submitted to the Planning Division when a landscape project is subject to the requirements of this section pursuant to section 38.50 (b)1. These items shall be submitted with an application for discretionary approval by the Planning Division or at the time of building permit submittal, if no discretionary approval is required. The Planning Manager may defer a landscape project submittal until building permit submittal, if warranted. 1. Water- Efficient Design Checklist (section 38.50 (g)). 2. Landscape and Irrigation Design Plans (section 38.50 (h)). 3. Water Budget Calculations (section 38.50 (i)). This calculation is not required if the plant -type restriction option (section 38.50 (d) 1) is utilized. 4. Soil Analysis Report (section 38.50 (j)). This is not required unless required by the city as a condition of permit approval. 5. Landscape Installation Report (section 38.50 (k)). This report shall be submitted following installation of landscaping materials and irrigation hardware. 6. Landscape and Irrigation Maintenance Schedule (section 38.50 (1)). (g) Water - Efficient Design Submittal Checklist The water - efficient design checklist required by section 38.50(f) shall serve as a summation of select landscape components to determine compliance with this section. (h) Landscape and Irrigation Design Plans The landscape and irrigation design plans required by section 38.50(f) shall be prepared as follows: ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112- 04706083 1. The landscape and irrigation design plans shall incorporate all applicable elements of Section 38.50(e), "Water- Efficient Design Elements." 2. 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 pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 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 Agriculture Code. 3. 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 pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 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 Agriculture Code. 4. The landscape design portion of the landscape and irrigation design plan, at a minimum, shall: a. 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), 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. 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 38.50 (c)) shall be so labeled. viii. Unique physical specifications of plants (e.g., bare -root, field- potted, multi - trunk), if applicable. c. Include the following: ORDINANCE NO. 2012-04 1MDOLI NGER11035257.4 022112 - 04706083 i. General notes, planting notes, plant layout based on size at maturity, species, and symbol legend. ii. Spacing of proposed plantings. iii. Topography iv. Trunk diameter of all existing trees with trunk circumferences greater than 6 inches, measured 54 inches above grade. All tree species shall be identified. 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 50 cubic yards a grading permit will be required. ix. Seed mix, if applicable. d. Delineate and label each hydrozone; e. Identify each hydrozone as low water, moderate water, high water, or mixed (low /moderate) water use, as defined by WUCOLS; f. Identify special landscape areas; g. Identify type of mulch and application depth; h. Identify type and wet surface area of water features; Identify hardscapes (pervious and non - pervious); and Contain the following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied such criteria for the efficient use of water in the landscape design plan." The plan shall be signed by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 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 Agriculture Code. 5. The irrigation design portion of the landscape and irrigation design plan, at a minimum, shall contain: ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112 - 04706083 a. 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; b. Static water pressure at the point of connection to the public water supply; c. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station; d. Irrigation schedule; e. Location and size of separate water meters for landscape (if applicable); and, f. The following statement: "I have complied with the criteria of the Water Conservation in Landscaping Ordinance and applied such criteria for the efficient use of water in the landscape design plan." The plan shall be signed by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 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 Agriculture Code. 6. 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. 7. Wildfire Management. The 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 and the "Consolidated Landscaping Policy." 8. Storm Water Management. Storm water best management practices shall be incorporated into the landscape installation when required. The details of the storm water management plan shall be shown on the landscape design plan. Installation shall be subject to the city's National Pollutant Discharge Elimination System (NPDES) storm water discharge permit requirements and Gilroy Municipal Code sections 27 C and 27 D. (i) 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: ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 1. 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. 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 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. 4. Where low and moderate water use plants are 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. 5. All special landscape areas shall be identified and their water use included in the water budget calculations. 6. 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. 7. Irrigation system efficiency shall be greater than or equal to 70 %. 8. 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) 9. 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)] ORDINANCE NO. 2012-04 1MDOLINGER11035257.4 022112-04706083 10. 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) P IE A + 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) SLA = Special Landscape Area (square feet) 0.62 = Conversion Factor IE = Irrigation Efficiency (minimum 0.70) Q) Soil Analysis Report The Planning Manager shall have discretion to require a soil analysis for any project where a landscaping plan is required. A soil analysis report shall document the various characteristics of the soil (e.g. texture, infiltration rate, pH, soluble salt content, and percent organic matter), 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 Division as part of the landscape documentation package. (k) Landscape Installation Report A 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. The report shall be filed prior to building permit final or, if no building permit is required, within 30 days of landscape installation completion. The report shall be prepared by a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan pursuant to Sections 5500.1, 5615, 5641 et seq., 6701, and 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 Agriculture Code. 1. The landscape installation report shall be prepared after completion of an inspection to confirm that the landscaping and irrigation systems were installed as specified in the landscape and irrigation design plans. The report ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112-04706083 shall include a system test to determine uniformity of water distribution, identification of overspray or run off causing overland flow, and preparation of an irrigation schedule. The landscape installation report shall determine whether corrections are required and specify what corrections are needed to ensure that the landscaping and irrigation system comply with approved plans. All corrections must be satisfactorily completed within 30 days of report completion. If corrections are required, a follow -up inspection will be required within two weeks of completion of the corrections. 2. Once all corrections have been satisfactorily completed, a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape plan as specified above shall issue a final landscape installation report that includes 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." 3. The city may 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. (1) Landscape and Irrigation Maintenance Schedule Landscapes shall be maintained to ensure successful establishment following installation, and to ensure water use efficiency consistent with this section. A maintenance schedule shall be established and submitted to the Planning Division either with the landscape application package or with the landscape installation report. A maintenance contract shall be provided to the Planning Division if so requested. 1. 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 Manager under a condition of permit approval. Thereafter, landscaping shall be maintained consistent with the requirements of section 38.30 of this ordinance. The landscape professional(s) overseeing maintenance activities shall provide to the Planning Division 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. 2. 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. ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112-04706083 3. 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. (m) Landscape Project Referral The Planning Manager may refer the landscape project documents to any city department or outside agency whose interests or area of expertise warrants their participation in the review process. (n) Audit of Existing Landscapes The city may require audits to evaluate water use on established landscapes larger than one acre. Such audits may also be initiated as a coordinated effort between the city 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 city 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 38.50 (g). 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) (o) Public Education The city shall provide information to all applicants regarding the design, installation, management and maintenance of water - efficient landscapes and irrigation systems. ORDINANCE NO. 2012-04 \MDOLINGER \1035257.4 022112-04706083 2. All model homes that are landscaped shall have signs installed that provide information on the principles of water - efficient landscaping. (p) Penalties Non - compliance with any applicable provision of this section shall be subject enforcement action, as provided in section 53 of this ordinance." ORDINANCE NO. 2012-04 WDOLINGEM1035257.4 022112 - 04706083 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -04 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 19t` day of March, 2012, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 26t' day of March, 2012. (Seal)