HomeMy WebLinkAbout01/04/2018 Planning Commission - Regular Meeting Agenda Packet
Regular Planning Commission Meeting Agenda
January 4, 2018 6:30 P.M.
City Council Chambers, City Hall
7351 Rosanna Street, Gilroy, CA 95020
PLANNING COMMISSION MEMBERS
Chair: Tom Fischer: tom.fischer@cityofgilroy.org Sam Kim: sam.kim@cityofgilroy.org
Vice Chair: Casey Estorga:
casey.estorga@cityofgilroy.org
Sue Rodriguez: sue.rodriguez@cityofgilroy.org
Rebeca Armendariz: rebeca.armendariz@cityofgilroy.org Rebecca Scheel: rebecca.scheel@cityofgilroy.org
Steve Ashford: steve.ashford@cityofgilroy.org
Comments by the public will be taken on any agenda item before action is taken by the Planning Commission.
Persons speaking on any matter are asked to state their name and address for the record. Public testimony is
subject to reasonable regulations, including but not limited to time restrictions on particular issues and for each
individual speaker. A minimum of 12 copies of materials should be provided to the Clerk for distribution to the
Commission and Staff. Public comments are limited to no more than 3-minutes, at the Chair’s discretion.
In compliance with the American Disabilities Act (ADA), the City will make reasonable arrangements to ensure
accessibility to this meeting. If you need special assistance to participate in this meeting, please contact the
City Clerk 72 hours prior to the meeting at (408) 846-0491. A sound enhancement system is available in the
City Council Chambers.
If you challenge any planning or land use decision made at this meeting in court, you may be limited to raising
only those issues you or someone else raised at the public hearing held at this meeting, or in written
correspondence delivered to the Planning Commission at, or prior to, the public hearing. Please take notice
that the time within which to seek judicial review of any final administrative determination reached at this
meeting is governed by Section 1094.6 of the California Code of Civil Procedure.
Persons who wish to speak on matters set for Public Hearing will be heard when the presiding officer calls for
comments from those persons who are in support of or in opposition thereto. After persons have spoken, the
hearing is closed and brought to the Planning Commission level for discussion and action. There is no further
comment permitted from the audience unless requested by the Planning Commission.
A Closed Session may be called during this meeting pursuant to Government Code Section 54956.9(b)(1) if a
point has been reached where, in the opinion of the legislative body of the City on the advice of its legal
counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the City.
Materials related to an item on this agenda submitted to the Planning Commission after distribution of the
agenda packet are available for public inspection with the agenda packet in the lobby of Administration at City
Hall, 7351 Rosanna Street during normal business hours. These materials are also available with the agenda
packet on the City website at www.cityofgilroy.org
I. PLEDGE OF ALLEGIANCE
II. REPORT ON POSTING THE AGENDA AND ROLL CALL
III. APPROVAL OF MINUTES
A. September 7, 2017
B. November 2, 2017
IV. PRESENTATION BY MEMBERS OF THE PUBLIC: (Three-minute time limit). This portion
of the meeting is reserved for persons desiring to address the Planning Commission on
matters not on the agenda. The law does not permit the Planning Commission action or
extended discussion of any item not on the agenda except under special circumstances. If
Planning Commission action is requested, the Planning Commission may place the matter
on a future agenda. All statements that require a response will be referred to staff for reply
in writing.
PUBLIC HEARINGS FOR RELATED PROJECT APPLICATIONS WILL BE HEARD CONCURRENTLY AND
ACTION WILL BE TAKEN INDIVIDUALLY. COMPANION PROJECTS UNDER NEW BUSINESS WILL BE
TAKEN UP FOR ACTION PRIOR TO, OR IMMEDIATELY FOLLOWING THE RELATED PUBLIC HEARING.
THIS REQUIRES DEVIATION IN THE ORDER OF BUSINESS AS NOTED WITHIN THE AGENDA.
V. PUBLIC HEARINGS
A. Recommendation: Staff has analyzed the proposed project, and recommends that
the Planning Commission:
Adopt a resolution recommending that the City Council approve the Protected
Tree Removal ordinance Z16-05 [Project No. 16040038]) as requested.
1. Staff Report: Stan Ketchum, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
a) Motion to adopt a resolution recommending the City Council approve Zoning Code
Amendment Z16-05 (Roll Call Vote)
B. Zoning Ordinance Amendment to delete Article 30.38 Landscaping, and replace it with a
new Article 30.38 Landscaping, Water Efficiency, and Stormwater Retention and
Treatment. The City promotes the value and benefits of landscaping while recognizing
the need to encourage water efficiency. The purpose of the ordinance amendments is to
bring the Landscape Ordinance into compliance with State standards and guidelines
and to promote the City’s goals and standards regarding sustainable development. This
Chapter establishes minimum landscape standards to enhance the appearance of
developments, controlling soil erosion, enhancing onsite storm water management,
conserving water, and ensuring the ongoing maintenance of landscaped areas.
1. Staff Report: Stan Ketchum, Senior Planner
2. Public Comment
3. Planning Commission Disclosure of Ex-Parte Communications
4. Possible Action:
a) Motion to adopt a resolution recommending the City Council approve Zoning Code
Amendment Z 17-08 (Roll Call Vote)
VI. OLD BUSINESS
VII. NEW BUSINESS
A.
1. Staff Report:
2. Public Comment
3. Possible Action:
VIII. CORRESPONDENCE
IX. INFORMATIONAL ITEMS
A. Current Planning Projects
B. Planning Staff Approvals
X. PRESENTATION BY MEMBERS OF THE PLANNING COMMISSION
XI. ORAL REPORTS BY COMMISSION MEMBERS
XII. PLANNING DIVISION MANAGER REPORT
XIII. ASSISTANT CITY ATTORNEY REPORT
XIV. PLANNING COMMISSION CHAIR REPORT
XV. ADJOURNMENT to the Next Regular Meeting of January 29, 2018 at 6:30 P.M.
KNOW YOUR RIGHTS UNDER THE GILROY OPEN GOVERNMENT ORDINANCE
Government's duty is to serve the public, reaching its decisions in full view of the public.
Commissions, task forces, councils and other agencies of the City exist to conduct the people's
business. This ordinance assures that deliberations are conducted before the people and that City
operations are open to the people's review
FOR MORE INFORMATION ON YOUR RIGHTS UNDER THE OPEN GOVERNMENT ORDINANCE,
TO RECEIVE A FREE COPY OF THE ORDINANCE OR TO REPORT A VIOLATION OF THE
ORDINANCE, CONTACT THE OPEN GOVERNMENT COMMISSION STAFF AT (408) 846-
0204/shawna.freels@cityofgilroy.org
PUBLIC MEETING SCHEDULE- PLANNING
Public Meeting Schedule
The Planning Commission meets regularly on the first Thursday of each month, at 6:30
p.m. If a holiday should fall on the regular meeting date (or the next day), the meeting
will be rescheduled to the following Thursday.
September 2016
01* Planning Commission Meeting 6:30 p.m.
07 South County Regional Wastewater Authority, (Regular Meeting) 8:00 a.m.
12* City Council Meeting, 6:00 p.m., City Council Chambers..
12 Personnel Commission (Regular Meeting) 6:00 p.m.
13 Art & Culture Commission 5:30 p.m.
14 Library Commission Meeting 7:00 p.m. Gilroy Library Meeting Room
20 Parks & Recreation Commission 6:00 p.m.
21 Community & Neighborhood Revitalization Committee
21 Historic Heritage Committee (Regular Meeting) 5:30 p.m.
27 Bicycle Pedestrian Commission 6:00 p.m.
28 Public Art Committee 5:30 p.m.
* Meetings will be web-streamed and televised
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: January 4, 2018
TO: Planning Commission
FROM: Stan Ketchum, Senior Planner
SUBJECT: Zoning Ordinance Amendment to add Ch. 30.38.270 Protected
Tree Removal.
1) Request: Recommendation: Staff has analyzed the proposed project, and
recommends that the Planning Commission:
Adopt a resolution recommending that the City Council approve the Protected
Tree Removal ordinance Z16-05 [Project No. 16040038]) as requested.
1) Request: Zoning Ordinance Amendment to add Ch. 30.38.270 Significant Tree
Removal. The city recognizes that existing and future trees and tree communities
located in the city are a valuable and distinctive resource. The purpose of the
addition of the Significant Tree Removal Chapter is to protect existing and future
significant trees and tree communities throughout the city through the establishment
of an ordinance to regulate the removal or destruction of significant trees, tree
communities and heritage trees on private property.
2) Environmental Assessment: Section 15308 of the California Environmental
Quality Act (CEQA) Guidelines, exempts actions by a regulatory agency intended
to assure the maintenance, restoration, enhancement, or protection of the
environment. The Protected Tree Removal Ordinance strengthens the protection of
significant trees by establishing a permit process incorporating thorough analysis to
confirm the necessity to remove protected trees and heritage trees. The ordinance
protects those indigenous tree species found in the Gilroy area. The ordinance will
support the maintenance and restoration of the environment by establishing
regulations that impose penalties for removal of protected or heritage trees without
issuance of a Protected Tree Removal Permit. The ordinance requires
replacement of multiple trees of the same species which will help restore and
enhance the environment. Based on the above, there are no unusual
circumstances that would justify an exception to the use of Section 15308 of the
California Environmental Quality Act (CEQA) Guidelines. This ordinance is similar
Kristi A. Abrams
DIRECTOR
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in character and extent to other regulatory ordinances adopted for the protection of
the environment that will have the effect of limiting damage to environmental
resources.
3) Background Information: The City recognizes that existing and future trees and
tree communities located in the city are a valuable and distinctive resource. These
trees and tree communities augment the economic base of the city through
encouragement of tourism and enhancement of the living environment. The
removal of significant trees and diminishing of tree communities reduces property
values and the scenic beauty and attractiveness of the city to residents and
visitors.
The Consolidated Landscape Policy includes a section regarding Significant Trees,
which is applied by staff during review of new development projects. The policy
states that all significant trees shall be maintained by the property owner until
deemed insignificant by a public hearing or deemed a threat to the public health,
safety and welfare, by the Planning Division Manager. However there are no
provisions in either the policy or the current Zoning Ordinance that regulate the
removal of significant trees on private property when that private property is not
part of a development project. In order to protect this resource, it is the intent of
this ordinance revision to regulate the removal or destruction of significant trees
and tree communities on private property within the city.
On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at
which the proposed Significant (now Protected) Tree Removal Ordinance was
reviewed. There was minimal input from those in attendance. One suggestion
made was that tree removal mitigation measures included in certified
environmental documents requiring a higher replacement ratio and/or size of
replacement trees than specified in the ordinance should take precedence. That
change has been incorporated into the ordinance.
4) General Plan Consistency: The proposed ordinance is consistent with General
Plan Goal 23 Natural Resource Conservation: Conservation of natural resources
and high levels of environmental quality for current and future generations.
5) Analysis: The draft Protected Tree Removal Ordinance is incorporated in the draft
Planning Commission Resolution, Attachment 1 to this staff report. It establishes
required definitions, including the minimum size of a significant tree and a heritage
tree and the specific types of trees are considered indigenous to the Gilroy area
and protected by the ordinance. It further establishes the following five findings,
one or more of which must be made to approve a tree removal permit:
A. The tree is dead, diseased or in danger of falling.
B. The tree could adversely affect the general public health and safety.
C. The tree is determined to be causing damage or reasonably expected to
cause damage to existing buildings or interfere with utility services .
D. The retention of the tree restricts the economic enjoyment of the property or
creates an unusual hardship for the property owner by severely limiting the
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use of the property in a manner not typically experienced by owners of
similarly situated properties, and the applicant has demonstrated to the
satisfaction of the Community Development Director that there are no
reasonable alternatives to preserve the tree.
E. Retention of the tree would result in reduction of the permissible building
envelope by more than twenty-five (25) percent.
The following finding must be made in addition to one or more of those listed
above:
F. None of the tree management techniques referenced in the ordinance are
deemed feasible to save the tree.
Other provisions of the ordinance include:
G. The application shall include a report from an arborist certified by the
International Society of Aboriculture (ISA), or other equivalent organization,
documenting the health of the tree and explaining the reason(s) for removal.
H. Notice of the proposed removal shall be posted on the affected tree and in
at least two conspicuous locations on the site clearly visible to and readable
from public property.
I. Replacement tree(s) shall be of the same species as the tree that was
removed and shall be planted on the same site as the removed tree,
whenever possible. Planting of replacement tree(s) on public property or
payment of an in lieu fee may be allowed at the discretion of the Director of
Public Works.
J. The number and size of replacement trees shall be based on the number
and size of trees approved for removal, as indicated in Table 1, below. If the
tree being replaced is a tree that was required as a part of an approved
Landscaping Plan, the replacement species must be consistent with the
Landscaping Plan. Otherwise, the replacement tree may be of any species
included on the City’s Master Tree Planting Plan.
Table 1
Replacement Tree Requirements
Trunk Size of Removed Tree
(measured at 4 1/2 feet above grade)
Replacement Ratio Required
(per tree removed)
Circumference
(inches)
Number of
replacement trees
Minimum Size
19 to 37 3 15 gallon
38 to 75 2 24 inch box
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Greater than 75 2 36 inch box
Heritage Trees 2 48 inch box
If a mitigation measure for removal of a protected tree, community of
protected trees or a heritage tree contained in a certified environmental
document requires greater numbers or size of replacement trees than
specified in Table 1, above, that requirement shall supercede the
requirements of this chapter.
K. Emergency Situations: In emergency situations caused by the hazardous or
dangerous condition of a tree that requires immediate action for the safety of
life or property, such necessary action may be taken to remove the tree or
otherwise reduce or eliminate the hazard without complying with the other
provisions of this Chapter, except that the person responsible for actions
taken to reduce the hazard or to remove the tree shall report suc h action to
the Community Development Department within five working days of that
action. In addition, photographs thoroughly documenting the hazardous or
dangerous condition of the tree shall be taken prior to any action to remove
it. Such photographs shall be provided to the Community Development
Department upon request.
L. The decision of the Community Development Director may be appealed to
the Planning Commission within twenty (20) days after the decision by the
Community Development Director.
M. The violation of any provision contained in this Section is hereby declared to
be unlawful and shall constitute a public nuisance and a misdemeanor. As
either a public nuisance or a misdemeanor, the violation shall be subject to
the penalties or remedies as described in Chapter X of this Code and the
provisions of Section (h) Replacement, of this Section.
6) Noticing: The public notice for this item, published in the Gilroy Dispatch on
December 22, 2017, meets the Government Code requirement for projects of
citywide importance. In addition, Planning Commission packets are available
through the City’s webpage prior to the scheduled meeting.
Attachments:
1. PC Resolution
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RESOLUTION NO. 2018-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF GILROY RECOMMENDING CITY COUNCIL
APPROVAL OF AMENDMENTS TO THE GILROY CITY CODE
(Z 16-05), SPECIFICALLY TO ADD SECTION 30.38.270 OF
THE ZONING ORDINANCE, FILED BY THE CITY OF
GILROY,7351 ROSANNA STREET, GILROY, CA 95020.
WHEREAS, Gilroy City Code, Article 30, Chapter 30.38 pertains to requirements
for installation and maintenance of landscaping in existing and new development; and
WHEREAS, the City recognizes that existing and future trees and tree
communities located in the city are a valuable and distinctive resource and that they
augment the economic base of the city through encouragement of tourism and
enhancement of the living environment; and
WHEREAS, the removal of significant trees and diminishing of tree communities
reduces property values and the scenic beauty and attractiveness of the city to
residents and visitors; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing
on January 4, 2018 to consider the request and reviewed written materials and oral
comments related to the proposed code amendments; and
WHEREAS, the subject ordinance amendment is covered under Section 15308
of the California Environmental Quality Act (CEQA) Guidelines as an action by a
regulatory agency for protection of the environment; and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of Z 16-05 proposing
amendments to the following sections of the City Code.
PASSED AND ADOPTED this 4th day of January 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
_____________________________ __________________________
Sue O’Strander, Secretary Tom Fischer, Chairperson
5.A.a
Packet Pg. 9 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
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30.38.270 Protected Tree Removal
(a) Purpose: The City recognizes that existing and future trees and tree communities
located in the city are a valuable and distinctive resource. These trees and tree
communities augment the economic base of the city through encouragement of tourism
and enhancement of the living environment. The removal of protected trees and
diminishing of tree communities would reduce property values and the scenic beauty
and attractiveness of the city to residents and visitors.
In order to protect this resource, it is the intent of this section to regulate the removal or
destruction of protected trees and tree communities on private property within th e city.
(b) Definitions:
i. Community of Protected Trees. Any indigenous grouping of woody plants of any
size which are ecologically or aesthetically related to each other such that the
loss of several of them would cause a protected ecological, aesthetic or
environmental impact in the immediate area, as determ ined by a certified
arborist.
ii. Heritage Tree. A tree of any species with a single trunk of 90 inches in
circumference or more at a point four and one half feet (4 1/2’) above the ground
or with multiple trunks, two of which collectively measure 72 inche s in
circumference or more at a point four and one half feet (4 1/2’) above the ground.
iii. Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all
types), California Bay (Umbellularia californica), Big Leaf Maple (Acer
macrophyllum),8 Madrone (Arbutus menziesii), California Sycamore (Platanus
racemosa), California Buckeye (Aesculus californica) and Alder (Alnus glutinosa).
iv. Protected Tree. Any indigenous woody plant characterized by having a single
trunk of nineteen inches (19”) in circumference or more at a point four and one
half feet (41/2’) above the ground. Nonindigenous tree species and orchards
(including individual fruit and nut trees) are exempt from this definition for the
purpose of this section.
v. Tree. A woody perennial plant characterized by having a main stem or trunk, or a
multi-stemmed trunk system with a more or less definitely formed crown, and is
usually over ten feet high at maturity. This definition shall not include trees
planted, grown and held for sale by licensed nurseries or the first removal or
transplanting of such trees pursuant to and as a part of operation of a licensed
nursery business.
(c) Permit Required: It is unlawful for any person to cut down, remove, poison or
otherwise damage, kill or destroy or cause to be removed any of the following on any
private property without first securing a permit as provided in this section:
i. A protected tree
ii. Greater than 25% of the trees within the outermost dripline of a community of
protected trees
iii. A heritage tree
5.A.a
Packet Pg. 10 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
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A separate tree removal permit shall not be required for projects which have
been approved through a discretionary process by the Planning Divisi on,
Planning Commission or City Council and the removal of protected trees or
community of trees were reviewed to ensure compliance with all requirements of
this section and authorized by that approval. Trimming, removal and other
activities related to trees in the public right of way are regulated by Chapter 26 of
the Gilroy City Code.
(d) Application: Any person desiring to cut down, remove, destroy or cause to be
removed any protected tree, community of protected trees, or heritage tree shall apply
to the Planning Division for a tree removal permit on forms provided by the Division.
The application shall include information to describe and justify the removal request and
a report from an arborist certified by the International Society of Aboriculture (ISA) or
other equivalent organization acceptable to the Planning Manager. The aborist’s report
shall include all of the following, unless otherwise approved by the Planning Manager:
• Site plan showing location of the tree (include buildings, driveways, etc.)
• Clear pictures of the tree indicating location, details signs of failure or disease
• Description of species of the tree
• Estimated height of the tree
• Circumference or diameter at breast height of the tree
• Discussion of the general health of the tree
• Value of the tree according to the ISA tree valuation formula
• Discussion of the tree’s risk
• Discussion of why the tree cannot be saved, including consideration of the
following techniques:
Discussion of risk management pruning
Discussion of installation of structural support system
Discussion of improving site conditions/cultural conditions
Discussion of implementing integrated pest management programs
• Description of the method to be used for removal of the tree
• Reason for removal of the tree
• Proposed replacement tree, including species, size, location.
(e) Public Notice: The applicant shall cause a notice of the proposed removal to be
posted on the affected tree and in at least two conspicuous locations on the site clearly
visible to and readable from public property on a form provided by the Planning Division.
The notices shall be a minimum of 8.5 x 11 inches in size. In addition, the notice shall
be mailed to the owners of record of all properties which are immediately adjacent t o
and directly across the street from the property on which the tree is located. The notice
shall include the application number, a description of the proposal, including the location
of the tree to be removed, contact information for the Planning Divisi on from which
additional information may be obtained and the final date for receipt of comments. A
minimum of 10 days from the date of posting shall be given for comments to be
received. No action shall be taken on any application until the applicant has filed an
affidavit that such posting has been accomplished and the review period has expired.
Emergency situations, as described below, are not subject to this provision.
5.A.a
Packet Pg. 11 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
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(f) Application Review and Approval: The Planning Division shall review the applic ation
for removal of protected tree, community of protected trees or heritage tree and shall
determine on the basis of the information provided and the findings listed in Section (g),
below whether to approve, approve with conditions or deny the request.
(g) In order to approve an application for tree removal, the following findings must be
made:
i. At least one of the following findings must be made:
A. The tree is dead, diseased or in danger of falling
B. The tree could adversely affect the general public health and safety
C. The tree is determined to be causing damage or reasonably expected to cause
damage to existing buildings or interfere with utility services
D. The retention of the tree restricts the economic enjoyment of the property or
creates an unusual hardship for the property owner by severely limiting the use
of the property in a manner not typically experienced by owners of similarly
situated properties, and the applicant has demonstrated to the satisfaction of
the Community Development Director that there are no reasonable alternatives
to preserve the tree.
E. Retention of the tree would result in reduction of the permissible building
envelope by more than twenty-five (25) percent, and
ii. None of the tree management techniques reference d in Section (d), above are
deemed feasible to save the tree.
In granting any permit pursuant to this section, the Community Development Director
may attach reasonable conditions to ensure compliance with the intent and purpose of
the section including, but not limited to planting of replacement trees, mitigation of visual
impacts and control of erosion.
(h) Replacement: Any tree approved for removal under this section shall be replaced.
Replacement trees shall be of the same species as the tree that was removed unless
otherwise approved by the Community Development Director. Replacement tree shall
be planted on the same site as the removed tree; however, if the site is inadequate in
size to accommodate the replacement tree , the replacement tree may be planted on
public property with the approval of the Director of Public Works. Alternatively, the
Director of Public Works, at his/her discretion, may accept an in lieu payment for the
value of the removed tree to be used for tree planting in City parks. The tree value shall
be established by an arborist certified by the ISA or other equivalent organization
acceptable to the Director of Public Works using the ISA Tree Valuation Formula. The
in lieu payment shall include funds sufficient for the care of the replacement tree during
their establishment period as determined by the Director of Public Works. The number
and size of replacement trees shall be based on the number and size of trees approved
for removal, as indicated in Table 1, below. If the tree being replaced is a tree that was
required as a part of an approved Landscaping Plan, the replacement species must be
consistent with the Landscaping Plan. Otherwise, the replacement tree may be of any
species included on the City’s Master Tree Planting Plan.
5.A.a
Packet Pg. 12 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
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Table 1
REPLACEMENT TREE REQUIREMENTS
Trunk Size of Removed
Tree(measured at 4 1/2
feet above grade)
Replacement Ratio Required
(per tree removed)
Circumference
(inches)
Number of
replacement trees Minimum Size
19 to 37 2 24 inch
38 to 75 2 24 inch box
Greater than 75 2 36 inch box
Heritage Trees 2 48 inch box
If a mitigation measure for removal of a protected tree, community of protected trees or
a heritage tree contained in a certified environmental document requires greater
numbers or size of replacement trees than specified in Table 1, above, that requirement
shall supercede the requirements of this chapter.
(i) Emergency Situations: In emergency situations caused by the hazardous or
dangerous condition of a tree that requires immedi ate action for the safety of life or
property, such necessary action may be taken to remove the tree or otherwise reduce
or eliminate the hazard without complying with the other provisions of this Chapter,
except that the person responsible for actions taken to reduce the hazard or to remove
the tree shall report such action to the Community Development Department within five
working days of that action. In addition, photographs thoroughly documenting the
hazardous or dangerous condition of the tree shall be taken prior to any action to
remove it. Such photographs shall be provided to the Community Development
Department upon request.
(j) Appeal. Anyone so desiring may appeal the decision of the Community Development
Director by written request to the Planning Commission and payment of the appeal fee
within twenty (20) days after the date of the decision of the Community Development
Director.
(k) Penalties.
(i) The violation of any provision contained in this Section is hereby declared to be
unlawful and shall constitute a public nuisance and a misdemeanor. As either a
public nuisance or a misdemeanor, the violation shall be punishable by a fine of
not more than one thousand dollars ($1,000.00) or by imprisonment not to exceed
six (6) months, or both such fine and imprisonment. Each tree removed in
violation of this division shall constitute a separate offense.
5.A.a
Packet Pg. 13 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
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(ii) Violators may also be required to replace the tree pursuant to the provisions of
Section (h) Replacement.
(iii) In addition to the penalties imposed by subsections, (i) and (ii) above, any
person who destroys, removes or damages a protected tre e, community of
protected trees or a heritage tree without a permit in circumstances in which a
permit application has been denied, or would have been denied, shall be liable to
the city for a civil penalty in an amount equal to the tree's value to be esta blished
by an arborist certified by the ISA or other equivalent organization acceptable to
the Director of Public Works using the ISA Tree Valuation Formula.
5.A.a
Packet Pg. 14 Attachment: PC Resolution (1503 : Protected Tree Removal Ordinance)
Community Development
Department
7351 Rosanna Street, Gilroy, California 95020-61197
Telephone: (408) 846-0451 Fax (408) 846-0429
http://www.cityofgilroy.org
DATE: January 4, 2018
TO: Planning Commission
FROM: Stan Ketchum, Senior Planner
SUBJECT: Landscaping, Water Efficiency, and Stormwater Retention and
Treatment Ordinance
1) Request: Zoning Ordinance Amendment to delete Article 30.38 Landscaping,
and replace it with a new Article 30.38 Landscaping, Water Efficiency, and
Stormwater Retention and Treatment. The City promotes the value and
benefits of landscaping while recognizing the need to encourage water
efficiency. The purpose of the ordinance amendments is to bring the
Landscape Ordinance into compliance with State standards and guidelines
and to promote the City’s goals and standards regarding sustainable
development. This Chapter establishes minimum landscape standards to
enhance the appearance of developments, controlling soil erosion,
enhancing onsite storm water management, conserving water, and ensuring
the ongoing maintenance of landscaped areas.
Recommendation: Staff has analyzed the State Model Water Efficient Landscape
Ordinance and recommends that the Planning Commission adopt a resolution
recommending that the City Council approve Zoning Code Amendment Z 17 -08,
Landscaping, Water Efficiency, and Stormwater Retention and Treatment, as
requested.
Environmental Assessment: Section 15308 of the California Environmental Quality
Act (CEQA) Guidelines, exempts actions by a regulatory agency intended to assure the
maintenance, restoration, enhancement, or protection of the environment. The
Landscaping, Water Efficiency, and Stormwater Retention and Treatment Ordinance
(Landscape Ordinance) establishes minimum landscape standards which will result in a
variety of environmental benefits, including controlling soil erosion, enhancing onsite
stormwater management, conserving water, establishing a buffer and/or screen
between residential and non-residential land uses, reducing heat and glare, and
ensuring the ongoing maintenance of landscaped areas.
Kristi A. Abrams
DIRECTOR
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Background Information: The City promotes the value and benefits of landscaping
while recognizing the need to use limited water resources as efficiently as possible. In
compliance with applicable State standards and guidelines, and to promote the City’s
goals and standards regarding sustainable development this Chapter establishes
minimum landscape standards for all uses for enhancing the appearance of exist ing and
new developments. This is accomplished by reducing heat and glare, controlling soil
erosion, enhancing onsite stormwater management, conserving water, establishing a
buffer and/or screen between residential and non-residential land uses, and ensuring
the ongoing maintenance of landscaped areas. Water conservation measures shall be
addressed through landscape and irrigation design.
The State Model Water Efficient Landscape Ordinance (MWELO) became effective on
December 1, 2015. In early 2016, the Zoning Ordinance was amended to incorporate
key MWELO provisions. The proposed ordinance incorporates additional detailed
requirements of the MWELO.
In February, 2017, the City received a Notice of Violation from the Central Coast
Regional Water Quality Control Board stating that the City had failed to complete
changes to the City’s landscape code to effectively administer the City of Gilroy
Stormwater Management Program. In response to this notice, staff and Mintier Harnish,
the consultants working on the 2040 General Plan and the Comprehensive Zoning
Ordinance Update prepared the subject ordinance which will delete the existing Article
30.38 Landscaping, and replace it with the new Article 30.38, Landscaping, Water
Efficiency, and Stormwater Retention and Treatment.
On November 13, 2017, Planning Staff held a Developer’s Roundtable meeting at which
the proposed Landscaping, Water Efficiency, and Stormwater Retention and Treatment
Ordinance was reviewed. There were no specific comments provided from those i n
attendance.
Analysis: The primary objectives of the new landscape ordinance are to:
1) Bring the ordinance into compliance with the state Model Water Efficient
Landscape Ordinance (MWELO);
2) Incorporate relevant provisions of the Consolidated Landscaping Policy (CLP)
into the Zoning Ordinance; and
3) Update and reorganize the ordinance based on the Comprehensive Zoning
Ordinance update, in progress
Overview of Ordinance Modifications. The section numbers listed below refer to the new
ordinance, attached.
1) Section 30.38.040 A. General Landscape Standards has been expanded to
include several standards previously included in one or more of the Residential,
Commercial or Industrial Landscape Standards sections, but which are deemed
applicable to all land uses. As a result, the sections on individual land use types
have been modified accordingly. In addition new standards have been added
that promote the use of landscaping to manage and treat stormwater to the
maximum extent feasible.
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2) Section 30.38.050 A Residential Zone Landscape Standards. No changes have
been made to the existing section.
3) Section 30.38.050 B RH Residential HilIside Zone. Two standards from the CLP
have been incorporated into the draft ordinance. They address designing
development to preserve existing trees, and selecting plants with low-growing
characteristics to locate within 15 feet of structures to help minimize fire risk.
Similarly, this section requires conformance with all requirements of City Code
Article 10. Fire Code, as amended.
4) Section 30.38.060 Commercial Zone Landscape Standards. Most of the
provisions in this section are contained in the existing code. Two new provisions
are added, one from the CLP, both of which address required screening of
commercial parking from adjacent residential uses.
5) Section 30.38.070 Industrial Zone Landscape Standards. All but two provisions
in this section match the existing Zoning Ordinance. The existing required 18 1/2
foot landscape area along public streets has been increased to 21 feet to be
consistent with the requirement in Commercial zones.
Sections Incorporated from the Consolidated Landscaping Policy (CLP)
The CLP is adopted City Council Policy which states that all development proposals
subject to review through the Architectural and Site Re view process shall submit
landscape plans to be reviewed for conformance with the CLP. As such, they do not
represent new standards, however, their codification into the zoning ordinance does
make them mandatory.
The following new sections have been added, incorporating standards from the
Consolidated Landscaping Policy:
1) Section 30.38.040 B. New Plant Materials addresses the need to consider the
characteristics of landscaping materials at maturity, the resistance of plant
materials to insect pests and disease, the intended use of selected plant types,
and the encouragement to use indigenous plant materials.
2) 30.38.040 C. City Street Trees incorporates the requirements for installation and
maintenance of street trees in new development. The only change to the
standards in the CLP is the increase in the length of time street trees must be
guaranteed to remain healthy and grow, from the current 90 days, to one (1)
year.
3) Section 30.38.040 D. Protected Trees reflects the inclusion of the proposed
Protected Tree Removal ordinance which incorporates regulations for the
removal of varieties of indigenous trees 19 inches or more in circumference, 4 ½
feet above the ground, and Heritage Trees, defined as any type of tree 90 inches
or more in circumference, 4 ½ feet above the ground. Section 30.38.040 D
incorporates requirements from a CLP section entitled Significant Trees that
requires identification of what is now being called Protected Trees on the sites of
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new development and states that an aborist may be required to make
recommendations for inclusion in the landscape plans regarding the protection of
Protected Trees identified for preservation.
This new section in the ordinance requires preparation of an aborist report to
specify all necessary measures to ensure that Protected Trees identified to
remain are protected throughout construction. The ordinance also requires three
inspections throughout the construction process to verify adherence to the
aborist recommendations.
Sections Implementing the State Model W ater Efficient Landscape Ordinance
(MWELO).
Beginning with Section 30.38.080 Landscape Documentation Review Process, the
remainder of the proposed ordinance consists of the updated requirements reflecting
the State Model Water Efficient Landscape Ordinance . They include the following:
1) Expanded definitions section
2) Expanded application and documentation requirements
3) The Soil Management report, required at the discretion of the Planning Manager
in the current ordinance is now mandatory.
4) Expanded list of items required to be included in Landscape and Irrigation Design
Plans
5) New requirements including a Grading Design Plan, Certificate of Completion,
Irrigation Scheduling, Landscape and Irrigation Maintenance Schedule, Recycled
Water and Gray Water requirements, Stormwater Management and Rainwater
Retention and Public Education.
General Plan Consistency: The proposed ordinance amendment supports the
following General Plan policies:
Policy 1.12 Street Trees. Line the City’s streets with trees so that they become
enjoyable and beautiful spaces rather than merely corridors of traffic, creating a
rich “urban forest” for the enjoyment of future generations. Tree species should
be selected that will (a) promote a canopy of shade; and (b) have root systems
that will not cause sidewalk buckling and other damage.
Policy 3.09 Landscaping in Industrial Areas Require screening of loading areas
and open storage areas so that they are not visible from major roads Also,
require landscaping buffering where industrial uses abut designated scenic
highway corridors.
Policy 3.10 Landscaping in Commercial Areas. Require that landscaping on
commercial properties be well maintained. Encourage those properties currently
without landscaping to provide landscaping.
Noticing: The public notice for this item, published in the Gilroy Dispatch on December
22, 2017, meets the Government Code requirement for projects of citywide importance.
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In addition, Planning Commission packets are available through the City’s webpage
prior to the scheduled meeting.
Attachments:
1. PC Resolution for staff report attachment
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RESOLUTION NO. 2018-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF GILROY RECOMMENDING CITY COUNCIL
APPROVE AMENDMENTS TO THE GILROY CITY CODE
(Z 17-08), SPECIFICALLY TO ARTICLE 30.38 OF THE
ZONING ORDINANCE, FILED BY THE CITY OF GILROY,7351
ROSANNA STREET, GILROY, CA 95020.
WHEREAS, Gilroy City Code, Chapter 30, Section 30.38 pertains to
requirements for installation and maintenance of landscaping in existing and new
development; and
WHEREAS, the City promotes the value and benefits of landscaping while
recognizing the need to use limited water resources as efficiently as possible; and.
WHEREAS, the Landscaping, Water Efficiency, and Stormwater Retention and
Treatment Ordinance establishes minimum landscape standards which will result in a
variety of environmental benefits, including controlling soil erosion, enhancing onsite
stormwater management, conserving water, establishing a buffer and/or screen
between residential and non-residential land uses, reducing heat and glare, and
ensuring the ongoing maintenance of landscaped areas ; and
WHEREAS, the Planning Commission of the City of Gilroy held a public hearing
on January 4, 2018 to consider the request and reviewed written materials and oral
comments related to the proposed code amendments; and
WHEREAS, the Planning Commission of the City of Gilroy has considered the
zoning code amendment request (Z 17-08), in accordance with the Gilroy Zoning
Ordinance, and other applicable standards and regulations; and
WHEREAS, the subject ordinance amendment is covered under Section 15308
of the California Environmental Quality Act (CEQA) Guidelines as an action by a
regulatory agency for protection of the environment;
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Gilroy hereby recommends to the City Council approval of Z 17-08 proposing
amendments to the following sections of the City Code as contained in Attachment 1 to
this resolution.
PASSED AND ADOPTED this 4th day of January 2018 by the following roll call vote:
AYES:
NOES:
ABSENT:
ATTEST: APPROVED:
___________________________ __________________________
Sue O’Strander, Secretary Tom Fischer, Chairperson
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Article 30.38 Landscaping, Water Efficiency, and Stormwater
Retention and Treatment
Sections
30.38.010 – Purpose
30.38.020 – Applicability
30.38.030 – Definitions
30.38.040 – General Landscape Standards
30.38.050 – Residential Zone Landscape Standards
30.38.060 – Commercial and Mixed-Use Zone Landscape Standards
30.38.070 – Industrial Zone Landscape Standards
30.38.080 – Landscape Documentation Review Process
30.38.090 – Elements of Landscape Documentation Package
30.38.100 – Water Efficient Landscape Worksheet
30.38.110 – Soil Management Report
30.38.120 – Landscape Design Plan
30.38.130 – Irrigation Design Plan
30.38.140 – Grading Design Plan
30.38.150 – Certificate of Completion
30.38.160 – Irrigation Scheduling
30.38.170 – Landscape and Irrigation Maintenance Schedule
30.38.180 – Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis
30.38.190 – Irrigation Efficiency
30.38.200 – Recycled Water
30.38.210 – Graywater Systems
30.38.220 – Stormwater Management and Rainwater Retention
30.38.230 – Public Education
30.38.240 – Provisions for Existing Landscapes
30.38.250 – Water Waste Prevention
30.38.260 – Penalties
30.38.010 Purpose
The City promotes the value and benefits of landscapes while recognizing the need to use limited water
resources as efficiently as possible. In compliance with applicable State standards and guidelines, and to
promote the City’s goals and standards regarding sustainable development this Chapter establishes
minimum landscape standards for all uses for enhancing the appearance of developments, reducing heat
and glare, controlling soil erosion, enhancing onsite stormwater management, conserving water,
establishing a buffer and/or screen between residential and non-residential land uses, and ensuring the
ongoing maintenance of landscaped areas. Water conservation measures shall be addressed through
landscape and irrigation design.
30.38.020 Applicability
A.The provisions of this Chapter shall apply to all of the following landscape projects installed after
December 1, 2015:
1.New construction projects with an aggregate landscape area of 500 square feet or more
requiring a Building Permit or site and architectural review.
2.Rehabilitated landscape projects with an aggregate landscape area 2,500 square feet or
more requiring a Building Permit or site and architectural review ;
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3.Existing landscaped areas shall comply with the provisions specified in Section 30.38.250
(Existing Landscaping Provisions);
4.Cemeteries.
a.New and rehabilitated cemeteries shall comply with the provisions specified in
Section 30.38.170 (Landscape and Irrigation Maintenance Schedule) and
Section 30.38.180 (Irrigation Audit, Irrigation Survey, and Irrigation Water Use
Analysis).
b.Existing cemeteries shall comply with the provisions specified in Section
30.38.240 (Provisions for Existing Landscapes).
B.Projects using treated or untreated graywater (See Section 30.38.210) or rainwater captured on
site, any parcel within the project that has less than 2,500 sq. ft. of landscape area and meets the
parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or
untreated graywater or through stored rainwater captured on site is subject only to Appendix D
(Prescriptive Compliance Option) section (5) of State law.
C.This Chapter does not apply to:
1.Registered local, State or Federal historical sites;
2.Ecological restoration projects that do not require a permanent irrigation system;
3.Mined-land reclamation projects that do not require a permanent irrigation system; or
4.Existing plant collections, as part of botanical gardens and arboretums open to the public.
30.38.030 Definitions
Applied Water. Portion of water supplied by the irrigation system to the landscape.
Arborist Report. A report prepared by an aborist certified by the International Society of Aboriculture
(ISA) or equivalent organization acceptable to the Community Development Director containing specific
information on the location, condition, structure, potential impacts of development, and recommended
actions and mitigation measures regarding one or more trees on an individual lot or project site.
Automatic Irrigation Controller. Timing device used to remotely control valves that operate an
irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events
using either evapotranspiration (weather-based) or soil moisture data.
Backflow Prevention Device. Safety device used to prevent pollution or contamination of the water
supply due to the reverse flow of water from the irrigation system.
Certificate of Completion. The document required under Section 30.38.150 (Certificate of Completion).
Certified Irrigation Designer. 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. 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.
Check Valve or Anti-Drain Valve. Valve located under a sprinkler head, or other location in the irrigation
system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.
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Common Interest Developments. Community apartment projects, condominium projects, planned
developments, and stock cooperatives per Civil Code Section 1351.
Community Development Director. City of Gilroy Community Development Director or designee.
Compost. Safe and stable product of controlled biologic decomposition of organic materials that is
beneficial to plant growth.
Conversion Factor (0.62). The number that converts acre-inches per acre per year to gallons per square
foot per year.
Distribution Uniformity. Measure of the uniformity of irrigation water over a defined area.
Drip Irrigation. Any non-spray low volume irrigation system utilizing emission devices with a flow rate
measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small
volumes of water slowly at or near the root zone of plants.
Dripline. The outermost edge of the tree’s canopy. When depicted on a map or plan, the dripline is the
irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.
Ecological Restoration Project. Project where the site is intentionally altered to establish a defined,
indigenous, historic ecosystem.
Effective Precipitation or Useful Rainfall (Eppt). Portion of total precipitation which becomes available
for plant growth.
Emitter. A drip irrigation emission device that delivers water slowly from the system to the soil.
Established Landscape. Point at which plants in the landscape have developed significant root growth
into the soil. Typically, most plants are established after one or two years of growth.
Established Period of the Plants. The first year after installing the plant in the landscape or the first two
years if irrigation will be terminated after establishment. Typically, most plants are established after one
or two years of growth. Native habitat mitigation areas and trees may need three to five years for
establishment.
Estimated Total Water Use (ETWU). Total water used for the landscape as described in Section
30.38.110 (Water Efficient Landscape Worksheet).
ET adjustment factor (ETAF). A factor of 0.55 for residential areas and 0.45 for non-residential areas,
that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency,
two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for
new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing
non-rehabilitated landscapes is 0.8.
Evapotranspiration Rate. Quantity of water evaporated from adjacent soil and other surfaces and
transpired by plants during a specified time.
Flow Rate. Rate at which water flows through pipes, valves and emission devices, measured in gallons
per minute, gallons per hour, or cubic feet per second.
Flow Sensor. Inline device installed at the supply point of the irrigation system that produces a
repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation
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controller, or flow monitor capable of receiving flow signals and operating master valves. This
combination flow sensor/controller may also function as a landscape water meter or submeter.
Friable. Soil condition that is easily crumbled or loosely compacted down to a minimum depth per
planting material requirements, whereby the root structure of newly planted material will be allowed to
spread unimpeded.
Fuel Modification Plan Guideline. Guidelines from a local fire authority to assist residents and
businesses that are developing land or building structures in a fire hazard severity zone.
Graywater. Untreated wastewater that has not been contaminated by any toilet discharge, has not
been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat
from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater”
includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes
washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or
dishwashers. Health and Safety Code Section 17922.12.
Hardscaped. Any durable material (pervious and non-pervious).
Hydrozone. Portion of the landscaped area having plants with similar water needs and rooting depth. A
hydrozone may be irrigated or non-irrigated.
Infiltration Rate. Rate of water entry into the soil expressed as a depth of water per unit of time (e.g.,
inches per hour).
Invasive Plant Species. Species of plants not historically found in California that spread outside
cultivated areas and can damage environmental or economic resources. Invasive species may be
regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at
the California Invasive
Plant Inventory and USDA invasive and noxious weeds database.
Irrigation Audit. An in-depth evaluation of the performance of an irrigation system conducted by a
Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection,
system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or
runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be
conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor
Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing
program.
Irrigation Efficiency (IE). 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 irrigation efficiency for purposes of this ordinance are
0.75 for overhead spray devices and 0.81 for drip systems.
Irrigation Survey. 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
Irrigation Water Use Analysis. Analysis of water use data based on meter readings and billing data.
Landscape Architect. Person who holds a license to practice landscape architecture in the state of
California Business and Professions Code, Section 5615.
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Landscape Area. All planting areas, turf areas, and water features in a landscape design plan subject to
the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of
buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other
pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development
(e.g., open spaces and existing native vegetation).
Landscape Contractor. Person licensed by the state of California to construct, maintain, repair, install, or
subcontract the development of landscape systems.
Landscape Documentation Package. Documents required under Section 30.38.090 (Elements of the
Landscape Documentation Package).
Landscape Project. Total area of landscape in a project as defined in “landscape area” for the purposes
of this ordinance, meeting requirements under Section 30.38.020 (Applicability).
Landscape Water Meter. Incline device installed at the irrigation supply point that measures the flow of
water into the irrigation system and is connected to a totalizer to record water use.
Lateral Line. Water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
Local Agency. A city or county, including a charter city or charter county, that is responsible for
adopting and implementing the ordinance. The local agency is also responsible for the enforcement of
this ordinance, including but not limited to, approval of a permit and plan check or design review of a
project.
Local Lan Purveyor. Any entity, including a public agency, city, county, or private water company that
provides retail water service.
Low Volume Irrigation. Application of irrigation water at low pressure through a system of tubing or
lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation
systems are specifically designed to apply small volumes of water slowly at or near the root zone of
plants.
Low Water Plant Use. Plant species whose demonstrated water needs are compatible with local climate
and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it
has become established. Species classified as “very low water use” and “low water use” by WUCOLS,
having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants.
Main Line. Pressurized pipeline that delivers water from the water source to the valve or outlet.
Master Shut Off Valve. Automatic valve installed at the irrigation supply point which controls water
flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation
system. A master valve will greatly reduce any water loss due to a leaky station valve.
Maximum Applied Water Allowance (MAWA). Upper limit of annual applied water for the established
landscaped area as specified in Section 30.38.110 (Water Efficient Landscape Worksheet). It is based
upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape
area. The
Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special
Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants
such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the
MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]
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Median. Area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs,
perennials, and ornamental grasses.
Microclimate. Climate of a small, specific area that may contrast with the climate of the overall
landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective
surfaces.
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, or 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.
New Construction. A new building with a landscape or other new landscape, such as a park, playground,
or greenbelt without an associated building.
Non-Residential Landscape. Landscapes in commercial, institutional, industrial and public settings that
may have areas designated for recreation or public assembly. It also includes portions of common areas
of common interest developments with designated recreational areas.
Operating Pressure. Pressure at which the parts of an irrigation system are designed by the
manufacturer to operate.
Overhead Sprinkler Irrigation Systems or Overhead Spray Irrigation Systems. Systems that deliver
water through the air (e.g., spray heads and rotors).
Overspray. Irrigation water which is delivered beyond the target area.
Parkway. Area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with
or without pedestrian egress.
Permit. Authorizing document issued by local agencies for new construction or rehabilitated landscapes.
Planting Hole. A hole in the ground that is dug for landscaping materials such as trees or shrubs.
Pervious. Any surface or material that allows the passage of water through the material and into the
underlying soil.
Plant Factor or Plant Water Use Factor. A factor, when multiplied by ETo, estimates the amount of
water needed by plants. For purposes of this ordinance, the plant factor range for very low water use
plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for
moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0.
Plant factors cited in this ordinance are derived from the publication “Water Use Classification of
Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic
institutions or professional associations as approved by the California Department of Water Resources
(DWR).
Project Applicant. Individual or entity submitting a Landscape Documentation Package required under
Section 492.3, to request a permit, plan check, or design review from the local agency. A project
applicant may be the property owner or his or her designee.
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Public Works Director. City of Gilroy Public Works Director or designee.
Rain Sensor or Rain Sensing Shutoff Device. A component which automatically suspends an irrigation
event when it rains.
Record Drawing or As-Builts. Set of reproducible drawings which show significant changes in the work
made during construction and which are usually based on drawings marked up in the field and other
data furnished by the contractor.
Recreational Area. Areas, excluding private single family residential areas, designated for active play,
recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees,
fairways, roughs, surrounds and greens.
Recycled Water, Reclaimed Water, or Treated Sewage Effluent Water. Treated or recycled waste water
of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is
not intended for human consumption.
Reference Evapotranspiration (ETo). Standard measurement of environmental parameters which affect
the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix
A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season
grass that is well watered. Reference evapotranspiration is used as the basis of determining the
Maximum Applied Water Allowances so that regional differences in climate can be accommodated.
Regional Water Efficient Landscape Ordinance. A Local Ordinance adopted by two or more local
agencies, water suppliers and other stakeholders for implementing a consistent set of landscape
provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a
consistent framework for the landscape industry and applicants to adhere to.
Rehabilitated Landscapes. Any re-landscaping project that requires a permit, plan check, or design
review, meets the requirements of Section 30.38.020 (Applicability), and the modified landscape area is
equal to or greater than 2,500 square feet.
Residential Landscape. Landscapes surrounding single or multifamily homes.
Root Zone. A specifically defined area commencing at the trunk and moving outward to form an
irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline
of the tree by five feet or such greater distance determined by the Aborist Report.
Run-Off. Water which is not absorbed by the surface to which it is applied and flows from the area to a
drain, sewer, or stream. For example, run off may result from water that is applied to landscaping at too
great a rate (application rate exceeds infiltration rate) or when there is a slope.
Soil Moisture Sensing Device or Soil Moisture Sensor. Device that measures the amount of water in the
soil. The device may also suspend or initiate an irrigation event.
Soil Texture. Classification of soil based on its percentage of sand, silt, and clay.
Special Landscape Area (SLA). Area of the landscape dedicated solely to edible plants, recreational
areas, areas irrigated with recycled water, or water features using recycled water.
Sprinkler Head or Spray Head. Device which delivers water through a nozzle.
Static Water Pressure. Pipeline or municipal water supply pressure when water is not flowing.
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Station. Area served by one valve or by a set of valves that operate simultaneously.
Swing Joint. Irrigation component that provides a flexible, leak-free connection between the emission
device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
Submeter. Metering device to measure water applied to the landscape that is installed after the primary
utility water meter.
Turf. Groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass,
Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum,
St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
Valve. Device used to control the flow of water in the irrigation system.
Water Conserving Plant Species. Plant species identified as having a very low or low plant factor.
Water Feature. 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 landscape area. Constructed wetlands used for on-site wastewater treatment 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.
Watering Window. Time of day irrigation is allowed.
WUCOLS. Water Use Classification of Landscape Species published by the University of California
Cooperative Extension and the Department of Water Resources 2014.
30.38.040 General Landscape Standards
A.General Landscape Design Standards. Landscaping shall be a positive element of the project
design. The landscaping shall be designed to protect stormwater quality and enhance the
aesthetic quality of the development by using the following design standards:
1.Landscaping shall be used to manage and treat stormwater to the maximum extent
feasible.
2.All plant materials shall be installed in compliance with an approved Landscape Design
Plan (see Section 30.38.120);
3.Only healthy, well-formed, and vigorous plant materials may be used;
4.Landscaping shall be located in all yard areas that are not specifically used for parking,
driveways, patios, or similar purposes, unless otherwise specified in this chapter.
Sidewalks, pedestrian walks and pathways are permitted in landscaped areas.
5.Landscape areas shall incorporate varieties of plant textures, colors, geometries, and leaf
densities. Year around visual interest shall be introduced through an appropriate balance
of evergreen/deciduous and flowering perennials. Architectural depth and character shall
be incorporated through a variety of plant sizes, shapes, and heights;
6.
7.Dense landscaping shall be incorporated to provide a visual screen from less pleasing
features of a development (i.e., around trash enclosures, carports, pool equipment,
electric transformers, cable boxes, etc.); however, landscaping shall not be placed to
interfere with the accessibility to and maintenance of the structures and/or equipment;
5.B.a
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8.Landscaping shall screen parking areas from adjacent streets;
9.Landscaping shall be incorporated to reduce monotony of long expanses of building,
fence or other structures.
10.The density and placement of plants are to be determined by the plant size at maturity.
When initially installed, groundcover shall give enough coverage for a pleasing
appearance on all landscaped areas;
11.Use of gravel, redwood bark chips, and similar non-vegetative ground coverings shall be
limited to children’s play areas;
12.Sturdy raised curbs shall protect all landscape areas from driveways and parking areas.
Cutouts in curbs may be incorporated when surrounding vegetative drainage swales,
stormwater retention features and/or other treatment features.
13.Wheel stops need not be provided in parking areas where the front two feet of the
landscape area is planted with low groundcover to accommodate car overhang;
14.Trees of varieties with broad canopies shall be provided to shade walkways and parking
areas to temper heat from paved areas, and to screen long structure frontages;
15.Existing onsite vegetation shall be preserved, unless determined otherwise by the
Community Development Director, to maintain onsite water quality and sediment control;
16.New plant materials requiring permanent irrigation shall not be placed under existing oak
trees;
17.All trees shall be a minimum size of 15 gallons when initiall y installed;
18.Protectedf trees shall be preserved and enhance by structure site design, in compliance
with Subsection D, below;
19.Deep root irrigation shall be provided to prevent pavement damage where trees are
planted within three feet of City pavement or sidewalks. Deep root irrigation are strongly
encouraged in similar situations in all private development. When required, deep root
irrigation shall be installed in compliance with City standards;
20.Roof-top runoff shall be directed to vegetated areas.
21.Landscaping is allowed within cul-de-sacs in conformance with all other City Codes.
22.All plant materials within the City right-of-way (e.g., medians, sound walls, etc.) shall be
approved by the Director of Public Works for minimum size and species type;
23.Green roofs are allowed in conformance to all requirements of City Code.
24.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
landscape plan for the life of the property.
B.New Plant Material. New plant material shall be carefully selected to comply with the following
standards:
1.The overall compatibility of the ultimate form, size, density, and color of trees, shrubs,
and groundcover at maturity;
2.The tolerance of the plant materials to existing physical conditions, and resistance to
insect pests, and disease; and
3.The intended use (i.e., shade screening, windbreak, erosion control, stormwater
treatment and management, etc.) as well as the ease of maintenance.
4.Use of indigenous trees and other plant materials is encouraged.
5.B.a
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C.City Street Trees.
1.In all zones, the developer or applicant shall install street trees in the public right-of-way,
in compliance with City Street Tree Standards. A properly licensed landscape contractor
shall install the street tree. A Street Tree Permit shall be obtained by the applicant and/or
developer prior to issuance of the Building Permit.
2.An inspection of the placement and tree type is required when a new tree is either
planted or replaced.
3.Street trees are not required in the RH (Residential Hillside) zone.
4.Street trees shall be selected and installed in compliance with the following standards:
a.Street trees shall be planted in the public right-of-way in compliance with a City
Standard Detail Plan;
b.Street trees shall be a minimum of 15 gallons when initially installed. Where an
existing street tree must be removed to accommodate development, a
replacement tree of similar size as that removed shall be planted;
c.All street trees shall be irrigated with an automatic irrigation system
d.The developer and/or applicant shall use the tree species as designated by the
City’s Master Street Tree Planting Plan (as authorized under City Code Section
26.51). The developer and/or applicant may request in writing a substitution of
the designated tree species, subject to approval by the Director of Public Works;
e.Spacing of trees shall be 30 feet on center, unless otherwise approved by the
Director of Public Works.
f.Street trees shall be spaced at least 10 feet from sewer laterals and street lights,
and at least five feet from water laterals, gas laterals, fire hydrants, driveway
aprons, and telephone/cable/electrical junction boxes;
g.When required, the developer and/or applicant shall install street trees adjacent
to sound walls and in medians.
h.Deep root irrigation shall be provided for street trees in sidewalk cutouts. When
required, deep root irrigation and tree well coverings shall be installed in
compliance with City Standard Detail plans;
i.No person shall construct or place any concrete, brick, asphalt, wood product,
plastic sheeting, or other material impervious to air and water around the base of
any street tree or within three feet. In addition, no excess soil, mulch, or other
organic/inorganic material shall be placed above a tree’s root crown within three
feet; and
j.Street trees planted by the developer and/or applicant shall be guaranteed to
remain healthy and grow for a minimum of one (1) year. All workmanship on
irrigation systems shall be guaranteed for one year after final acceptance by the
City;
k.Street trees shall be maintained by the property owner or property owner’s
association.
l.No person shall cut, trim, prune, spray, brace, move, remove, or replace any
street tree in the public right-of-way without a written permit from the City.
D.Protected Trees.
1.The Community Development Director shall determine if existing trees qualify as Protected
Trees, a Community of Protected Trees or Heritage Trees. Refer to Chapter 30.38.0270
Protected Tree Removal for the definitions of Protected Trees, a Community of Protected
Trees or Heritage Trees.
5.B.a
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2.An arborist report shall be required for any application for discretionary development
approval for which the project site includes existing Protected Trees, as defined in Chapter
30.38.270 (b). The aborist report shall include all information specified in Chapter 30.38.270
(d). The aborist report shall specify all necessary measures to ensure that Protected Trees
identified to remain are protected throughout the construction process. The cost for
preparation of the aborist report and city review of it s hall be at the sole expense of the
applicant. All arborist recommendations shall be listed on the final landscape plans.
3.The arborist shall sign the final landscape plans certifying that the plan is consistent with the
recommendations made in the arborist report.
4.At least three scheduled inspections shall be made by the City and/or the arborist, at the
direction of the City to ensure compliance with the recommendations of the aborist report.
The inspections shall, at a minimum include the following: (1) I nitiatl inspection prior to any
construction or grading, (2) After completion of rough grading and/or trenching, and (3)
Completion of all work including planting and irrigation system installation. Other
inspections may be conducted as required by the Community Development Director.
5.Unless otherwise permitted by the City, no structure, excavation, or impervious surface
areas of any kind shall be constructed or installed within the root zone of any protected tree
without mitigatin special design, such as post and beam footings that bridge roots. No
parking, storing vehicles equipment or other materials shall be permitted within the dripline
of any protected tree without wpacial design considerations approved by the Community
Development Director.
6.All protected trees, community of protected trees or heritage tree(s), shall be maintained in
good health by the property owner, applicant and/or developer until approved for removal by
an approved Protected Tree Removal Permit or other discretionary Planning Dep artment
application.30.38.050Residential Zone Landscape Standards
30.38.050 Residential Zone Landscape Standards
A.General Residential Zone Landscape Standards. Residential development located in the R1,
R2, R3, R4 zones, Planned Development zones and downtown specific plan zones, (and
excluding the RH zone), shall incorporate landscaping in all yard areas that are not specifically
used for driveways, walkways, patios, or similar purposes. In the R-2, R-3, R-4 and Planned
Development zones and Specific Plan areas, at least 35 percent of the required landscaped area
shall be designed to be usable as open recreational area. Landscaping shall be used to manage
and treat stormwater to the maximum extent feasible.
B.RH Residential Hillside Zone. Areas within the Residential Hillside Zoning District are
designated as the “City of Gilroy Wildland-Urban Fire Interface Area” under the City Code.
Residential development in the RH zone shall provide landscaping consistent with the following
standards:
1.Development in forested areas shall be carefully designed to minimize removal or
damage to existing trees and to allow their continued healthy existence;
2.New landscaping placed within 15 feet from any structure shall consist of selected
vegetation with low-growing characteristics; and
3.A landscape design plan for projects in th e RH Residential Hillside Zone shall incorporate
all requirements of City Code Article 10. Fire Code, as amended.
30.38.060 Commercial Zone Landscape Standards
Landscaping in Commercial zones shall be designed using the following standards and shall enhance the
aesthetic quality of the development by using the following requirements:
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A.All development in commercial and mixed-use zones shall provide a minimum of 21 feet of
landscaping, measured from face of curb, adjacent to public streets (public sidewalks may be
permitted in the landscape area);
B.At least eight percent of the gross total land area of the site, outside of the public right -of-way,
shall be landscaped, except in the Downtown Specific Plan zones where there are typically no
front and side yard setbacks;
C.All portions of a site over 40 square feet in area not specifically used for buildings, parking,
driveways, walkways, or similar uses shall be landscaped;
D.In all landscaped areas, trees shall be planted on average every 20 feet on center or with a
greater spacing as appropriate to maintain proper tree health as determined by a licensed
landscape architect; Clustering of trees may be permitted with the approval of the Director of
Public Works;
E.Parking lot landscape islands with a minimum of 50 square feet in area, and including a tree, shall
be located in parking lots every twelve stalls, and shall be evenly distributed throughout the
parking area;
F.All landscape areas shall be at least five feet wide, except as approved by the Community
Development Director due to specific site situations where the minimum width is impractical;
G.Parking lot landscape areas containing trees shall be a minimum of eight feet wide, except as
approved by the Community Development Director due to specific site situations where the
minimum width is impractical;
H.Parking areas shall be screened from view from adjacent residential areas and streets, except at
driveways and street corners where visibility is needed;
I.Landscaping shall be used to manage and treat stormwater to the maximum extent feasible.
J.Three(3) foot high screening shall be located where necessary in commercial parking lots and
drive-through uses to block headlights from shining into adjacent residential areas.
30.38.070 Industrial Zone Landscape Standards
Landscaping in Industrial zones shall be designed to using the following standards and shall enhance the
aesthetic quality of the development by using the following requirements:
A.Landscape the front and side yard areas adjacent to streets, as required by this chapter, which
are not specifically used for parking, driveways, walkways, loading areas, or similar paved access
areas;
B.Landscaping areas located adjacent to the street right-of-way shall be a minimum of 21 feet wide
(measured from the face of curb);
C.Paved areas shall not exceed 50 percent of the total area of setbacks;
D.All industrial zones shall provide landscape areas that are a minimum of five feet in width along
the entire perimeter of the site;
E.A minimum eight-foot-wide landscaped buffer is required adjacent to commercial or residential
uses;
F.Fences and walls shall complement the structure architecture and landscaping. Long structure
expanse shall be architecturally designed or landscaped to prevent monotony.
G.Outdoor use areas, and loading areas shall be screened by landscaping and/or materials integral
with the structure design;
H.Industrial development visible from SR 101 shall be screened from view with dense landscaping.
I.Three(3) foot high screening shall be located where necessary in industrial parking lots and drive-
through uses to block headlights from shining into adjacent residential areas.
5.B.a
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30.38.080 Landscape Documentation Review Process
A.Landscape Documentation Package Required. The project developer and/or applicant shall
submit a Landscape Documentation Package, in compliance with Section 30.38.90 (Elements of
the Landscape Documentation Package), below to the Community Development Director for
approval.
B.Landscape Documentation Package Submittal. The Landscape Documentation Package shall
be submitted in conjunction with the building permit for the project and shall be approved prior to
issuance of the building permit.
C.Following Completion of Installation. Following final approval of the installation of landscaping
by the city, , the project developer and/or applicant shall:
1.Receive documentation of the approval in a form provided by the Community
Development Director and shall record the date of the permit in the Certificate of
Completion;
2.Submit a copy of the approved Landscape Documentation Package along with the record
drawings, and any other information to the property owner or his/her designee; and
3.Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
30.38.090 Elements of the Landscape Documentation Package
At a minimum, the Landscape Documentation Package shall be provided in a form required by the
Community Development Director and shall include the following components, as described in this
chapter: water efficient landscape worksheet, soil management report, landscape design plan, irrigation
design plan, and grading design plan.
30.38.100 Water Efficient Landscape Worksheet Completion of Worksheet. Project
applicants and/or developers shall complete the Water Efficient Landscape Worksheet which
contains information on the plant factor, irrigation method, irrigation efficiency, and area
associated with each hydrozone. The Estimated Total Adjustment Factor (ETAF) for a landscape
project is based on the plant factors and irrigation methods selected. In calculating the Maximum
Applied Water Allowance and Estimated Total Water Use, a project developer/applicant shall use
the ETo values for Gilroy.
B.Evapotranspiration (ETo). The Community Development Director shall provide and annually
update the evapotranspiration rate for the City using the rates provided by the California Irrigation
Management Information System (CIMIS).
C.Water Budget Calculations. Water budget calculations shall adhere to all of the following
requirements:
1.The plant factor used shall be from the Water Use Calculation of Landscape Species
(WUCOLS) or from horticultural researchers with academic institutions or professional
associations as approved by the California Department of Water Resources (DWR). The
plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water
use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high
water use plants.
2.All water features shall be included in the high-water use hydrozone and temporarily
irrigated areas shall be included in the low water use hydrozone.
3.All Special Landscape Areas shall be identified and their water use calculated as shown
below.
4.ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed
1.0.
D.Maximum Applied Water Allowance Calculation
5.B.a
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The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed
(0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons
required, exclusive of Special Landscape Areas.
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA))]
Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(0.55 x LA) + ((1-0.55) x SLA))]
Non-Residential Areas
MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(0.45 x LA) + ((1-0.45) x SLA))]
Where:
MAWA = Maximum Applied Water Allowance (Annual Gallons Allowed)
ETo =Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (to gallons)
0.55 = ET Residential Adjustment Factor (ETAF)
0.45 = ET Non-Residential Adjustment Factor (ETAF)
SLA = Special Landscape Area (square feet)
E.Estimated Total Water Use Calculation
The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation
method selected for the landscape design. The sum of the ETWU shall not exceed the MAWA.
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo =Reference Evapotranspiration (inches per year)
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 (to gallons)
IE = Irrigation Efficiency 0.75 for spray head, and 0.81 for drip
F.Effective Precipitation (EPPT). The Director may consider Effective Precipitation (25 percent of
annual precipitation) in tracking water use and may use the following equation to calculate
MAWA:
Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo-EPPT)) (0.62) [(0.55 x LA) + ((1-0.55) x SLA))]
Non-Residential Areas:
MAWA (Annual Gallons Allowed) = (ETo-EPPT)) (0.62) [(0.45 x LA) + ((1-0.45) x SLA))]
30.38.110 Soil Management Report
5.B.a
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In order to reduce runoff and encourage healthy plant growth, a soil management report shall be
completed by the project developer/applicant, or his/her designee, as follows:
A.Soil samples shall be submitted to a laboratory for analysis and recommendations.
1.Soil sampling shall be conducted in compliance with laboratory protocol, including
protocols regarding adequate sampling depth for the intended plants.
2.The soil analysis shall include:
a.soil texture;
b.infiltration rate determined by laboratory test or soil texture infiltration rate table;
c.pH;
d.total soluble salts;
e.sodium;
f.percent organic matter; and
g.recommendations.
3.In projects with multiple landscape installations (i.e. production home developments) a
soil sampling rate of one in seven lots or approximately 15 percent will satisfy this
requirement. Large landscape projects shall sample at a rate equivalent to one in seven
parcels.
B.The project applicant and/or developer, or his/her designee, shall comply with one of the
following:
1.If significant mass grading is not planned, the soil analysis report shall be submitted as
part of the Landscape Documentation Package; or
2.If significant mass grading is planned, the soil analysis report shall be submitted as part
of the Certificate of Completion.
C.The soil analysis report shall be made available, in a timely manner, to the professionals
preparing the water plans and irrigation design plans to make any necessary adjustments to the
design plans.
D.The project developer/applicant, or his/her designee, shall submit documentation verifying
implementation of soil analysis report recommendations with the Certificate of Completion.
30.38.120 Landscape Design Plan
A.Landscape Design Plan Details Required.
A Landscape Design Plan at a minimum shall be required and shall specify the items detailed
below. Special design attributes may require detail drawing and/or the submittal of manufacture’s
literature.
1.Locate and identify all landscaping planting material, including trees, shrubs,
groundcover, and turf. Planting symbols shall be clearly drawn. Tree staking, installation,
soil preparation details, and any other applicable planting and installation details shall be
provided;
2.Reference planting symbols, specifying botanical name, common name, container size,
spacing, and quantities;
3.Locate all existing mature trees, noting biological name, common name, and approximate
trunk size, measured at four feet above existing grade. Note trees to be removed,
relocated on-site, and/or maintained in place;
4.Delineate and label each hydrozone by number, letter, or other method;
5.B.a
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5.Identify each hydrozone as low, moderate, high water, or mixed-use water. Temporarily
irrigated areas of the landscape shall be included in the low water use hydrozone for the
water budget calculation;
6.Identify recreational areas;
7.Identify areas permanently and solely dedicated to edible plants;
8.Identify areas irrigated with recycled water;
9.Identify type of mulch and application depth;
10.Identify soil amendments, type, and quantity;
11.Identify type and surface area of water features;
12.Identify all paving and hardscapes (pervious and non-pervious);
13.Locate and identify the height of all walls, fences, and gates;
14.Locate and identify all outdoor amenity features, including but not limited to trellises,
gazebos, play equipment, picnic tables, and benches;
15.Locate and identify property lines, streets, street names, driveways, walkways, and other
paved areas;
16.Identify existing and proposed structures, including pad elevations, if applicable;
17.Identify natural features including but not limited to rock outcroppings, existing trees and
shrubs that will remain;
18.Identify location, installation details, and 24-hour retention or infiltration capacity of any
applicable stormwater best management practices (BMP) that encourage on-site
retention and infiltration of stormwater. Applicants shall refer to the City or Regional
Water Quality Control Board for information on any applicable stormwater technical
requirements. Stormwater BMP’s shall be incorporated into the landscape design plan to
the maximum extent practicable. Examples shall include, but are not limited to:
a.Infiltration beds, swales, and basins that allow water to collect and soak into the
ground;
b.Constructed wetlands and retention ponds that retain water, handle excess flow,
and filter pollutants; or
c.Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or
porous concrete, etc.) that minimize runoff.
19.Identify any applicable rain harvesting or catchment technologies, and their 24 -hour
retention or infiltration capacity;
20.Contain the following statement: “I have complied with the standards of the Chapter and
applied them for the efficient use of water in the landscape design plan”; and
21.Bear the signature of a licensed landscape architect, licensed landscape contractor, or
any other person authorized to design a landscape.
B.Landscape Design Requirements
For the efficient use of water, a landscape shall be carefully designed and planned for the
intended function of the project. A landscape design plan, at a minimum, shall meet the following
design standards and shall be submitted as part of the Landscape Documentation Package.
1.Plant Material.
a.Any plant may be selected for the landscape, providing the Estimated Total
Water Use in the landscape area does not exceed the Maximum Applied Water
Allowance. Methods to achieve water efficiency may include one or more of the
following:
5.B.a
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(1)Protection and preservation of native species and natural vegetation;
(2)Selection of water-conserving plant, tree and turf species, especially
local native plants;
(3)Selection of plants based on local climate suitability, disease, and pest
resistance;
(4)Selection of trees as specified in Section30.38.040 (General Landscape
Standards);
(5)Selection of plants from the approved City plant list; and
b.Each hydrozone shall have plant materials with similar water use, except for
hydrozones with plants of mixed water use.
c.Plants may be selected and planted appropriately based upon their adaptability
to the climatic, geologic, and topographical conditions of the project site. Methods
to achieve water efficiency shall include one or more of the following:
(1)Plant selection shall be from the Sunset Western Climate Zone System
which considers temperature, humidity, elevation, terrain, latitude, and varying
degrees of continental and marine influence on local climate; or
(2)Recognize the horticultural attributes of plants (i.e., mature plant size,
invasive surface roots) to minimize damage to property or infrastructure [e.g.,
structures, sidewalks, power lines]; allow for adequate soil volume for healthy
root growth; or
(3)Consider the solar orientation for plant placement to maximize summer
shade and winter solar gain.
d.Turf is not allowed on slopes greater than 25 percent where the toe of the slope
is adjacent to an impermeable hardscape and where 25 percent means one foot
of vertical elevation change for every four feet of horizontal length (rise divided by
run x 100 = slope percent).
e.High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited
in street medians.
f.The use of invasive plant species (i.e., those listed by the California Invasive
Plant Council), is strongly discouraged.
g.The architectural guidelines of a common interest development, which include
community apartment projects, condominiums, planned developments, and stock
cooperatives, shall not prohibit, or include conditions that have the effect of
prohibiting, the use of low-water use plants.
2.Water Features.
a.Recirculating water systems shall be used for all water features.
b.Where available, recycled water shall be used as a source for decorative water
features.
c.Surface area of a water feature shall be included in the high-water use
hydrozone area of the water budget calculation.
d.Pool and spa covers are highly recommended.
3.Soil Preparation, Mulch and Amendments.
a.Prior to the planting of any materials, compacted soils shall be transformed to a
friable condition. On engineered slopes, only amended planting holes need meet
this requirement.
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b.Soil amendments shall be incorporated according to recommendations of the soil
report and what is appropriate for the plants selected.
c.For landscape installations, compost at a minimum rate of four cubic yards per
1,000 square feet of permeable area shall be incorporated to a minimum depth of
six inches into the soil. Soils with greater than six percent organic matter in the
top six inches of soil are exempt from adding compost and tilling.
d.A minimum three-inch layer of mulch shall be applied on all exposed soil
surfaces of planting areas except in turf areas, creeping or rooting groundcovers,
or direct seeding applications where mulch is contraindicated. To provide habitat
for beneficial insects and other wildlife, up to five percent of the landscape area
may be left without mulch. Designated insect habitat must be included in the
landscape design plan.
e.Stabilizing mulching products shall be used on all slopes that meet current
engineering standards.
f.The mulching portion of the seed/mulch slurry in hydro -seeded applications shall
meet the mulching requirement.
g.Organic mulch materials made from recycled or post-consumer processes shall
take precedence over inorganic materials or virgin forest products unless the
recycled post-consumer organic products are not locally available. Organic
mulches are not required where prohibited by local Fuel Modification Plan
Guidelines or other applicable local ordinances.
30.38.130 Irrigation Design Plan
A.Irrigation Design Plan Details Required.
An Irrigation Design Plan is required and shall include all of the information detailed below. It shall
be separate from but use the same format and scale as the landscape design plan.
1.Location and size of separate water meters for landscape;
2.Location, type, and size of all components of the irrigation system, including controllers,
main and lateral lines, valves, sprinkler heads, moisture sensing devices, rain switches,
quick couplers, pressure regulators, and backflow prevention devices;
3.Static water pressure at the point of connection to the public water supply;
4.Flow rate (gallons per minute), application rate (inches per hour), and design operating
pressure (pressure per square inch) for each station;
5.Recycled water irrigation systems;
6.The following statement: “I have complied with the standards of this Chapter and applied
them accordingly for the efficient use of water in the irrigation design plan”; and
7.The signature of a licensed landscape architect, certified irrigation designer, licensed
landscape contractor, or any other person authorized to design an irrigation system.
B.Irrigation Design Requirements
This Section applies to landscaped areas requiring permanent irrigation, not areas that require
temporary irrigation solely for the plant establishment period. For the efficient use of water, an
irrigation system shall meet the requirements listed in this Section and the manufacturers'
recommendations. The irrigation system and its related components shall be planned and
designed to allow for proper installation, management, and maintenance. An irrigation design
plan meeting the following design standards shall be submitted as part of the Landscape
Documentation Package.
1.System.
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a.Landscape water meters shall be installed for all non-residential irrigated
landscapes of at least 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at
which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq.
ft. or greater. A landscape water meter may be either:
(1)A customer service meter dedicated to landscape use provided by the
local water purveyor; or
(2)A privately-owned meter or submeter.
b.Automatic irrigation controllers using either evapotranspiration or soil moisture
sensor data utilizing non-volatile memory shall be required for irrigation
scheduling in all irrigation systems.
c.If the water pressure is below or exceeds the recommended pressure of the
specified irrigation devices, the installation of a pressure regulating device is
required to ensure that the dynamic pressure at each emission device is within
the manufacturer's recommended pressure range for optimal performance.
(1)If the static pressure is above or below the required dynamic pressure of
the irrigation system, pressure-regulating devices (i.e., inline pressure regulators,
booster pumps), or other devices shall be installed to meet the required dynamic
pressure of the irrigation system.
(2)Static water pressure, dynamic or operating pressure, and flow reading
of the water supply shall be measured at the point of connection. These pressure
and flow measurements shall be conducted at the design stage. If the
measurements are not available at the design stage, the measurements shall be
conducted at installation.
d.Sensors (i.e., rain, freeze, wind, etc.), either integral or auxiliary, that suspend or
alter irrigation operation during unfavorable weather conditions shall be required
on all irrigation systems, as appropriate for local climatic conditions. Irrigation
shall be prohibited during windy or freezing weather or during rain.
e.Manual shut-off valves (i.e., a gate valve, ball valve, or butterfly valve) shall be
required, as close as possible to the point of connection of the water supply, to
minimize water loss in case of an emergency (i.e., a main line break) or routine
repair.
f.Backflow prevention devices shall be required to protect the water supply from
contamination by the irrigation system. Project applicants and/or developers shall
refer to the applicable City code (i.e., public health) for additional backflow
prevention requirements.
g.Flow sensors that detect high flow conditions created by system damage or
malfunction are required for all on non-residential landscapes and residential
landscapes of 5000 sq. ft. or larger.
h.Master shut-off valves are required on all projects except landscapes that make
use of technologies that allow for the individual control of sprinklers that are
individually pressurized in a system equipped with low pressure shut down
features.
i.The irrigation system shall be designed to prevent runoff, low head drainage,
overspray, or other similar conditions where irrigation water flows onto non -
targeted areas (i.e., adjacent property, non-irrigated areas, hardscapes,
roadways, or structures).
j.Relevant information from the soil management plan (i.e., soil type and infiltration
rate), shall be used when designing irrigation systems.
k.The design of the irrigation system shall conform to the hydrozones of the
landscape design plan.
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l.The irrigation system shall be designed and installed to meet, at a m inimum, the
irrigation efficiency criteria as described in Section 30.38.110 (Water Efficient
Landscape Worksheet) regarding the Maximum Applied Water Allowance.
m.All irrigation emission devices shall meet the requirements specified in the
American National Standards Institute (ANSI) standard, American Society of
Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC)
802-2014 Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler
heads installed in the landscape shall document a distribution uniformity low
quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
n.The project applicants and/or developers shall inquire with the local water
purveyor about peak water operating demands (on the water supply sys tem) or
water restrictions that may impact the effectiveness of the irrigation system.
o.In mulched planting areas, the use of low volume irrigation is required to
maximize water infiltration into the root zone.
p.Sprinkler heads and other emission devices shall have matched precipitation
rates, unless otherwise directed by the manufacturer's recommendations.
q.Head to head coverage is recommended. However, sprinkler spacing shall be
designed to achieve the highest possible distribution uniformity using the
manufacturer's recommendations.
r.Swing joints or other riser-protection components are required on all riser’s
subject to damage that are adjacent to hardscapes or in high traffic areas of turf -
grass.
s.Check valves or anti-drain valves are required on all sprinkler heads where low
point drainage could occur.
t.Landscape areas less than 10 feet in width in any direction shall be irrigated with
subsurface irrigation or other means that produces no runoff or overspray.
u.Overhead irrigation shall not be permitted within 24 inches of any non-permeable
surface. Allowable irrigation within the setback from non-permeable surfaces may
include drip, drip line, or other low flow non-spray technology. The setback area
may be planted or unplanted. The surfacing of the setback may be mulch, gravel,
or other porous material. These restrictions may be modified by the Director if:
(1)The landscape area is adjacent to permeable surfacing and no runoff
occurs; or
(2)The adjacent non-permeable surfaces are designed and constructed to
drain entirely to landscaping; or
(3)The irrigation designer specifies an alternative design or technology, as
part of the Landscape Documentation Package and clearly demonstrates strict
adherence to irrigation system design. Prevention of overspray and runoff shall
be confirmed during the irrigation audit.
v.Slopes greater than 25 percent shall not be irrigated with an irrigation system
with an application rate exceeding 0.75 inches per hour. This restriction may be
modified by the Director if the landscape designer specifies an alternative design
or technology, as part of the Landscape Documentation Package, and clearly
demonstrates no runoff or erosion will occur. Prevention of runoff and erosion
shall be confirmed during the irrigation audit.
2.Hydrozone.
a.Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil
conditions, and plant materials with similar water use.
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b.Sprinkler heads and other emission devices shall be selected based on what is
appropriate for the plant type within that hydrozone.
c.Trees shall be placed on separate valves from shrubs, groundcovers, and turf to
facilitate the appropriate irrigation of trees. The mature size and extent of the root
zone shall be considered when designing irrigation for the tree.
d.Individual hydrozones that mix plants of moderate and low water use, or
moderate and high water use, may be allowed if:
(1)Plant factor calculation is based on the proportions of the respective
plant water uses and their plant factor; or
(2)The plant factor of the higher water using plant is used for calculations.
e.Individual hydrozones that mix high and low water use plants shall not be
permitted.
f.On the landscape design plan and irrigation design plan, hydrozone areas shall
be designated by number, letter, or other designation. On the irrigation design
plan, designate the areas irrigated by each valve, and assign a number to each
valve. Use this valve number in the Hydrozone Information Table located on the
Water Efficient Landscape Worksheet. This table can also assist with the
irrigation audit and programming the controller.
30.38.140 Grading Design Plan
For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff,
and water waste. A comprehensive grading plan, prepared by a civil engineer, shall be submitted as part
of the Landscape Documentation Package.
A.Grading Design Plan Details Required.
The project applicants and/or developers shall submit a landscape grading plan that indicates
finished configurations and elevations of the landscape area including:
1.Height of graded slopes;
2.Drainage patterns;
3.Pad elevations;
4.Finish grade; and
5.Stormwater retention improvements, if applicable.
6.The grading design plan shall contain the following statement: “I have complied with the
requirements of this Chapter and applied them accordingly for the efficient use of water in
the grading design plan” and shall bear the signature of a licensed professional as
authorized by law.
B.Erosion and Runoff Best Management Practices. To prevent excessive erosion and runoff,
project developers/applicants shall:
1.Grade so that all irrigation and normal rainfall remains within property lines and does not
drain on to non-permeable hardscapes;
2.Avoid disruption of natural drainage patterns and undisturbed soil; and
3.Avoid soil compaction in landscape areas.
30.38.150 Certificate of Completion
Upon receipt of the permit for the Landscape Documentation Package and completion of the landscaping
and irrigation system, the applicants and/or developers shall submit a Certificate of Completion to the
5.B.a
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Director for review and shall ensure that copies of the approved Certificate of Completion are submitted to
the local water purveyor and property owner or his or her designee. The following details shall apply to
the Certificate of Completion:
A.The Certificate of Completion shall be on a standard form approved by the Director.
B.The Certificate of Completion shall be certified by either the signer of the landscape design plan,
the signer of the irrigation design plan, or the licensed landscape contractor that the landscape
project has been installed the approved Landscape Documentation Package;
1.Where there are, significant changes made in the field during construction, these “as -
built” or record drawings shall be included with the certification; and
2.A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation
controller for subsequent irrigation management purposes.
C.The Certificate of Completion shall include irrigation scheduling parameters used to set the
controller in compliance with Section 30.38.160 (Irrigation Scheduling), below;
D.The Certificate of Completion shall include landscape and irrigation maintenance schedules in
compliance with Section 30.38.170 (Landscape and Irrigation Maintenance Schedule), below;
E.The Certificate of Completion shall include an irrigation audit report in compliance with Section
30.38.180 (Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis), below; and
F.The Certificate of Completion shall include a soil analysis report, if not submitted with the
Landscape Documentation Package, and documentation verifying implementation of soil report
recommendations in compliance with Section 30.38.110 (Soil Management Report), below.
30.38.160 Irrigation Scheduling
For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to use
the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the
following standards:
A.Irrigation scheduling shall be regulated by automatic irrigation controllers.
B.Overhead irrigation shall only be scheduled between 8:00 p.m. and 10:00 a.m. unless weather
conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the
stricter of the two shall apply. Operation of the irrigation system outside the normal watering
window is allowed for auditing and system maintenance only.
C.For implementation of the irrigation schedule, attention shall be paid to irrigation run times,
emission device, flow rate, and current reference evapotranspiration, so that applied water meets
the Estimated Total W ater Use. Total annual applied water shall be less than or equal to
Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by
automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or
soil moisture sensor data.
D.Parameters used to set the automatic controller shall be developed and submitted for each of the
following:
1.The plant establishment period;
2.The established landscape; and
3.Temporarily irrigated areas.
E.Each irrigation schedule shall consider for each station all of the following that apply:
1.Irrigation interval (days between irrigation);
2.Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3.Number of cycle starts required for each irrigation event to avoid runoff;
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4.Amount of applied water scheduled to be applied on a monthly basis;
5.Application rate setting;
6.Root depth setting;
7.Plant type setting;
8.Soil type;
9.Slope factor setting;
10.Shade factor setting; and
11.Irrigation uniformity or efficiency setting.
30.38.170 Landscape and Irrigation Maintenance Schedule
A.Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule
shall be submitted with the Certificate of Completion.
B.A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing,
adjustment and repair of the irrigation system and its components; aerating and dethatching turf
areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape
areas, and removing obstructions to emission devices. Operation of the irrigation system outside
the normal watering window is allowed for auditing and system maintenance only.
C.Repair of all irrigation equipment shall be done with the originally installed components or their
equivalents or with components with greater efficiency.
D.Project applicants and/or developers are encouraged to implement established landscape
industry sustainable Best Practices for all landscape maintenance activities.
30.38.180 Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis
A.All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
Landscape audits shall not be conducted by the person who designed the landscape or installed
the landscape.
B.In large projects or projects with multiple landscape installations (i.e. production home
developments) an auditing rate of one in seven parcels or approximately 15 percent will satisfy
this requirement.
C.For new construction and rehabilitated landscape projects installed after December 1, 2015, the
following shall apply:
1.The project applicants and/or developers shall submit an irrigation audit report with the
Certificate of Completion, including inspection, system tune-up, system test with
distribution uniformity, reporting overspray or run off that causes overland flow, and
preparation of an irrigation schedule, including configuring irrigation controllers with
application rate, soil types, plant factors, slope, exposure and any other factors
necessary for accurate programming;
2.The City may require an irrigation water use analysis, irrigation audits, and irrigation
surveys to ensure compliance with the Maximum Applied Water Allowance.
30.38.190 Irrigation Efficiency
For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be
0.75 for overhead spray devices and 0.81 for drip system devices.
30.38.200 Recycled Water
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A.The installation of water irrigation systems shall allow for the current and future use of recycled
water.
B.All recycled water irrigation systems shall be designed and operated in compliance with all
applicable local and State laws.
C.Landscapes using recycled water are considered Special Landscape Areas. The ETAF for new
and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
30.38.210 Graywater Systems
Graywater systems promote the efficient use of water and are encouraged to assist in on -site landscape
irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter
16) and any applicable local standards.
30.38.220 Stormwater Management and Rainwater Retention
A.Stormwater management practices minimize runoff and increase infiltration which recharges
groundwater and improves water quality. Implementing stormwater best management practices in
the landscape and grading design plans to minimize runoff and to increase on-site rainwater
retention and infiltration is required.
B.Project applicants and/or developers shall refer to the following references for information on Low
Impact Development (LID) standards, including stormwater management, operations and
maintenance:
1. Chapter 27D (Post Construction Stormwater Pollution and Prevention of the Municipal Code,
and
2. South Santa Clara County Regional Stormwater Management Guidance Manual for Low
Impact Development and Post-Construction Requirements Project applicants and/or developers
shall refer to the City or Regional Water Quality Control Board for information on any applicable
stormwater technical requirements.
C.All planted landscape areas shall have friable soil to maximize water retention and infiltration in
compliance with Section 30.38.120 (Landscape Design Plan), above.
D.Landscape areas shall be designed for capture and infiltration capacity that is sufficient to prevent
runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) 24-hour rain event or
(2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any
applicable local, regional, State and/or Federal regulations.
E.Stormwater projects shall incorporate any of the following elements to improve on-site storm
water and dry weather runoff capture and use:
1.Grade impervious surfaces (i.e., driveways), during construction to drain to vegetated
areas.
2.Minimize the area of impervious surfaces (i.e., paved areas, roof, and concrete
driveways).
3.Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks,
pervious or porous concrete) that minimize runoff.
4.Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas
to maximize site water capture and reuse.
5.Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
6.Incorporate infiltration beds, swales, basins, and drywells to capture storm water and dry
weather runoff and increase percolation into the soil.
7.Consider constructed wetlands and ponds that retain water, equalize excess flow, and
filter pollutants.
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30.38.230 Public Education
A.Publications. The City shall provide information to owners of permitted renovations and new,
single-family residential homes regarding the design, installation, management, and maintenance
of water efficient landscapes based on a water budget.
B.Model Homes. All model homes that are landscaped shall use signs and written information to
demonstrate the principles of water efficient landscapes described in this Chapter
1.Signs shall identify the following:
a.The model as an example of a water efficient landscape featuring elements like
hydrozones, irrigation equipment, and others that contribute to the overall water
efficient theme; and
b.Information about the site’s water use as designed in compliance with the local
ordinances; specify who designed and installed the water efficient landscape;
and demonstrate low water use approaches to landscaping like using native
plants, graywater systems, and rainwater catchment systems.
2.Developers/applicants shall provide information about designing, installing, managing,
and maintaining water efficient landscapes to home buyers.
30.38.240 Provisions for Existing Landscapes
A.This Section shall apply to all existing landscape areas that were installed before December 1,
2015 and are over one acre in size.
1.For all landscape areas that have a water meter, the City shall administer programs that
may include, but not be limited to, irrigation water use analyses, irrigation surveys, and
irrigation audits to evaluate water use and provide recommendations as necessary to
reduce landscape water use to a level that does not exceed the Maximum Applied Water
Allowance for existing landscapes. The Maximum Applied Water Allowance for existing
landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).
2.For all landscape areas that do not have a water meter, the City shall administer
programs that may include, but not be limited to, irrigation surveys and irrigation audits to
evaluate water use and provide recommendations as necessary in order to prevent water
waste.
B.All landscape irrigation audits shall be conducted by a certified lands cape irrigation auditor.
30.38.250 Water Waste Prevention
A.Project applicants and/or developers shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting runoff from leaving the target landscape areas due to low head
drainage, overspray, or other similar conditions where water flows onto adjacent property, non -
irrigated areas, walks, roadways, parking lots, or structures. Penalties for violating these
prohibitions shall be enforced in compliance with Chapter 30.154 (Enforcement Provisions).
B.Restrictions regarding overspray and runoff may be modified if:
1.The landscape area is adjacent to permeable surfacing and no runoff occurs; or
2.The adjacent non-permeable surfaces are designed and constructed to drain entirely to
landscaping.
30.38.260 Penalties
Noncompliance with the applicable provision of this Chapter shall be subject to enforcement action, as
provided in Chapter 30.154 (Enforcement Provisions).
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5.B.a
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