The State Legislature determined in the Water Conservation in
Landscaping Act (the "Act"),
Government Code Sections 65591 et seq.,
that the State's water resources are in limited supply and are
subject to ever increasing demands. The Legislature also recognized
that while landscaping is essential to the quality of life in California,
landscape design, installation, maintenance and management must be
water efficient. The general purpose of this chapter is to establish
landscaping efficiency standards for landscaping in the City that
implement design requirements established by the Act. Consistent with
the Legislature's findings, the purpose of this chapter is to:
A. Promote the values and benefits of landscaping practices that integrate
and go beyond the conservation and efficient use of water while recognizing
the need to utilize water and other resources as efficiently as possible.
B. Establish a structure for planning, designing, installing, maintaining
and managing water efficient landscapes in new construction.
C. Promote the use, when available, of tertiary treated recycled water,
for irrigating landscaping.
D. Use water efficiently without waste by setting a Maximum Applied
Water Allowance as an upper limit for water use and reduce water use
for landscaping to the lowest practical amount.
E. Encourage water users of existing landscapes to water efficiently
and without waste.
F. Landscapes that are planned, designed, installed, managed and maintained
with the watershed based approach can improve California's environmental
conditions and provide benefits and realize sustainability goals.
Such landscapes will make the urban environment resilient in the face
of climatic extremes. Consistent with the legislative findings and
purpose of the chapter, conditions in the urban setting will be improved
by:
1.
Creating the conditions to support life in the soil by reducing
compaction, incorporating organic matter that increases water retention,
and promoting productive plant growth that leads to more carbon storage,
oxygen production, shade, habitat and aesthetic benefits.
2.
Minimizing energy use by reducing irrigation water requirements,
reducing reliance on petroleum based fertilizers and pesticides, and
planting climate appropriate shade trees in urban areas.
3.
Conserving water by capturing and reusing rainwater and graywater
wherever possible and selecting climate appropriate plants that need
minimal supplemental water after establishment.
4.
Protecting air and water quality by reducing power equipment
use and landfill disposal trips, selecting recycled and locally sourced
materials, and using compost, mulch and efficient irrigation equipment
to prevent erosion.
5.
Protecting existing habitat and creating new habitat by choosing
local native plants, climate adapted non-natives and avoiding invasive
plants. Utilizing integrated pest management with least toxic methods
as the first course of action.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
This chapter implements the Efficiency Regulations Water Conservation
in Landscaping Act. The requirements of this chapter reduce water
use associated with irrigation of outdoor landscaping by setting a
maximum amount of water to be applied to landscaping and by designing,
installing and maintaining water efficient landscapes consistent with
the water allowance. The provisions of this chapter are equivalent
to and at least as effective as the provisions of the State Model
Landscape Ordinance because the calculation of maximum applied water
allowance (MAWA) and the resulting restrictions on irrigation and
process are similar, though tailored to City's existing regulatory
procedures.
The requirements herein are intended to reduce water usage in
Imperial Beach to the same extent as the Model Landscape Ordinance
prepared by the State of California. In implementing this law, the
City shall endeavor to apply the law in a manner which will result
in long-term water savings to the citizens of the State as required
by law. The water savings shall be achieved through permanent landscape
rules using irrigation management, greater use of drought-tolerant
plantings and improved design criteria.
If, after the adoption of this chapter, the California Department
of Water Resources, or its successor agency, amends 23
CCR, Division
2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the
Model Water Efficient Landscape Ordinance September 15, 2015 requirements
in a manner that requires jurisdictions to incorporate the requirements
of an updated Model Water Efficient Landscape Ordinance in a local
ordinance, and the amended requirements include provisions more stringent
than those required in this section, the revised requirements of 23
CCR, Division 2, Chapter 2.7 shall apply and be enforced.
In adopting this chapter the City Council finds and determines
that this chapter will be as effective as the State Model Landscape
Ordinance and are based on the San Diego County Regional Model Ordinance
with changes for local and climatic conditions. The threshold regulations
are based on those in the State Model Landscape Ordinance as modified
by the San Diego Regional Model Ordinance. The uniformity with the
County Model will assist developers and property owners in meeting
the requirements of this chapter.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
The following definitions shall apply to this chapter:
"Applied water"
means the portion of water supplied by the irrigation system
to the landscape.
"Automatic irrigation controller"
means an automatic timing device used to remotely control
valves that operate an irrigation system. Automatic irrigation controllers
shall schedule irrigation events using either evapotranspiration (ETo)
(weather-based) or moisture sensor data.
"Backflow prevention device"
means a safety device used to prevent pollution or contamination
of the water supply due to the reverse flow of water from the irrigation
system.
"Building permit"
means a permit to engage in a certain type of construction
on a specific location, including a plumbing permit.
"Certified landscape irrigation auditor"
means a person certified to perform landscape irrigation
audit by an accredited academic institution, a professional trade
organization or other accredited certification program.
"Check valve" or "anti-drain valve"
means a 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.
"Compost"
means the safe and stable product of controlled biologic
decomposition of organic materials that is beneficial to plant growth.
"Developer"
means a person who seeks or receives permits for or who undertakes
land development activities, who is not a single family homeowner.
Developer includes developer's partner, associate, employee,
consultant, trustee or agent, or anyone who builds residential or
commercial developments.
"Director"
means the Director of Community Development or anyone to
whom the Director has designated or hired to administer or enforce
this chapter.
"Discretionary Permit"
means any permit requiring a decision-making body to exercise
judgment prior to its approval, conditional approval or denial.
"Drip irrigation"
means 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.
"Emitter"
means a drip irrigation emission device that delivers water
slowly from the system to the soil.
"Established landscape"
means the 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.
"Establishment period of the plants"
means 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.
"ET adjustment factor" (ETAF)
means a factor that when applied to reference evapotranspiration,
adjusts for plant water requirements and irrigation efficiency, two
major influences on the amount of water that is required for healthy
landscape.
"Evapotranspiration rate"
means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time.
"Evapotranspiration" (ETo)
means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time
period. "Reference evapotranspiration" means a standard measurement
of environmental parameters which affect the water use of plants.
ETo is given in inches per day, month or year and is an estimate of
the evapotranspiration of a large field of four-inches to seven-inches
tallcool season turf that is well watered. Reference evapotranspiration
is used as the basis of determining the MAWA so that regional differences
in climate can be accommodated.
"Flow rate"
means the 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"
means an 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
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"
means a 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"
means guidelines from a local fire authority to assist residents
and businesses that are developing land or building structures in
a fire hazard severity zone.
"Grading"
means an importation, excavation, movement, loosening or
compaction of soil or rock.
"Graywater"
means 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.
"Hardscape"
means any durable surface material, pervious or non-pervious.
"Homeowner-provided landscaping"
means landscaping installed either by a private individual
for a single family residence or installed by a licensed contractor
hired by a homeowner.
"Hydrozone"
means a portion of the landscape area having plants with
similar water needs. A hydrozone may be irrigated or non-irrigated.
"Infiltration rate"
means the 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"
means vegetation that is not native to the area where it
occurs and interferes with native species growing or attempting to
grow in the area based on applicable Federal or State guidelines for
the location.
"Irrigation audit"
means an inspection which includes an in depth evaluation
of the performance of an irrigation system conducted by a certified
landscape irrigation auditor. An irrigation audit may include, but
is not limited to, inspection, system tune up, system test with distribution
uniformity or emission uniformity, reporting overspray or runoff that
causes overland flow and preparation of an irrigation schedule.
"Irrigation efficiency" (IE)
means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency
is derived from measurements and estimates of irrigation system characteristics
and management practices. The irrigation efficiency for purposes of
this ordinance are 0.75 for overhead spray devices and 0.81 for drip
systems.
"Irrigation survey"
means an evaluation of an irrigation system that is less
detailed than an irrigation audit. An irrigation survey includes,
but is not limited to: inspection, system test, and written recommendations
to improve performance of the irrigation system.
"Landscape contractor"
means a person licensed by the State of California to construct,
maintain, repair, install, or subcontract the development of landscape
systems.
"Landscape design manual"
means the manual, approved by the Director of Community Development
that establishes specific design criteria and guidance to implement
the requirements of this chapter.
"Landscape project"
means total area of landscape in a project as defined in
"landscape area" for the purposes of this ordinance, meeting requirements
under Section 23
CCR § 492.1.
"Landscape water meter"
means an inline 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.
"Landscaped area"
means an area with outdoor plants, turf and other vegetation that uses water provided by a public water purveyor within the City of Imperial Beach. A landscaped area includes a water feature either in an area with vegetation or that stands alone. A landscaped area may also include design features adjacent to an area with vegetation when allowed under Section
16.12.150. A landscaped area does not include the footprint of a building, decks, patio, sidewalk, driveway, parking lot or other hardscape. A landscaped area also does not include an area without irrigation designated for non-development such as designated open space or area with existing native vegetation.
"Lateral line"
means the water delivery pipeline that supplies water to
the emitters or sprinklers from the valve.
"Local agency"
means 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 chapter,
including, but not limited to, approval of a permit and plan check
or design review of a project.
"Local water purveyor"
means any entity, including a public agency, City, County,
or private water company that provides retail water service.
"Low head drainage"
means a sprinkler head or other irrigation device that continues
to emit water after the water to the zone in which the device is located
has shut off.
"Low volume irrigation"
means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low volume emitters
such as drip lines or bubblers.
"Main line"
means the pressurized pipeline that delivers water from the
water source to the valve or outlet.
"Mass grading"
means the movement of more than 5,000 cubic yards of soil
by mechanical means to alter the topographic features of a site.
"Master shut-off valve"
is an 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.
"Median"
is an area between opposing lanes of traffic that may be
unplanted or planted with trees, shrubs, perennials, and ornamental
grasses.
"Microclimate"
means the 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"
means any surface mining operation with a reclamation plan
approved in accordance with the Surface Mining and Reclamation Act
of 1975.
"Mulch"
means an organic material such as leaves, bark, straw or
inorganic mineral materials such as rocks, gravel or decomposed granite
left loose and applied to the soil surface to reduce evaporation,
suppress weeds, moderate soil temperature or prevent soil erosion.
"New construction"
means, for the purposes of this chapter, a new building with
a landscape or other new landscape, such as a park, playground, or
greenbelt without an associated building.
"Nonresidential landscape"
means 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"
means the pressure at which the parts of an irrigation system
are designed by the manufacturer to operate.
"Overspray"
means the water from irrigation that is delivered outside
an area targeted for the irrigation and makes contact with a surface
not intended to be irrigated.
"Parkway"
means the area between a sidewalk and the curb or traffic
lane. It may be planted or unplanted, and with or without pedestrian
egress.
"Passive area"
means an area that receives irrigation but is not used for
recreation and is intended for limited access, aesthetic uses.
"Permit"
means an authorizing document issued by local agencies for
new construction or rehabilitated landscapes.
"Pervious"
means any surface or material that allows the passage of
water through the material and into underlying soil.
"Plant factor" or "plant water use factor"
is a factor, when multiplied by ETo, estimates the amount
of water needed by plants. For purposes of this chapter, 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 chapter 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"
means the 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.
"Public water purveyor"
means a public utility, municipal water district, municipal
irrigation district or municipality that delivers water to customers.
"Record drawing" or "as-builts"
means a 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"
means an area intended for active use by persons for sports
or other forms of recreation.
"Recycled water"
means waste water that has been treated at the highest level
required by the California Department of Health Services for water
not intended for human consumption. "Tertiary treated recycled water"
means water that has been through three levels of treatment including
filtration and disinfection.
"Reference evapotranspiration" or "ETo"
means a 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"
means 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 landscape"
means any relandscaping project that requires a permit, plan
check, or design review, meets the requirements of Section 23
CCR
§ 490.1, and the modified landscape area is equal to or
greater than 2,500 square feet.
"Runoff"
means water that is not absorbed by the soil or landscape
to which it is applied and flows from the landscaped area.
"Soil texture"
means the classification of soil based on its percentage
of sand, silt, and clay.
"Special landscaped area"
means an area of the landscape dedicated to edible plants,
an area irrigated with recycled water or an area dedicated to active
play such as a park's sports field or golf course where turf
provides a playing surface.
"Station"
means an area served by one valve or by a set of valves that
operate simultaneously.
"Submeter"
means a metering device to measure water applied to the landscape
that is installed after the primary utility water meter.
"Subsurface irrigation"
means an irrigation device with a delivery line and water
emitters installed below the soil surface that slowly and frequently
emit small amounts of water into the soil to irrigate plant roots.
"Swing joint"
means an 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.
"Transitional area"
means an area immediately adjacent to an area that contains
vegetation but is not irrigated and will not be irrigated.
"Turf"
means a groundcover surface of mowed grass.
"Valve"
means a device used to control the flow of water in the irrigation
system.
"Water feature"
means a design element where open water performs an aesthetic
or recreational function. A water feature includes a pond, lake, waterfall,
fountain, artificial streams, spa and swimming pool where a public
water purveyor within the City of Imperial Beach provides water for
the feature. Constructed wetlands used for on-site wastewater treatment
or stormwater best management practices are not water features.
"WUCOLS"
means the Water Use Classification of Landscape Species published
by the University of California Cooperative Extension and the Department
of Water Resources 2014.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. After December 1, 2015, and consistent with Executive Order No. B-29-15,
this chapter shall apply to all of the following landscape projects:
1.
New construction projects with an aggregate landscape area equal
to or greater than 500 square feet requiring a building or landscape
permit, plan check or design review.
2.
Rehabilitated landscape projects with an aggregate landscape
area equal to or greater than 2,500 square feet requiring a building
or landscape permit, plan check, or design review.
3.
Existing landscapes limited to Sections 23 California Code of
Regulations (
CCR) Section 493, 23
CCR Sections 493.1 and 493.2; and
4.
Cemeteries. Recognizing the special landscape management needs
of cemeteries, new and rehabilitated cemeteries are limited to Sections
23
CCR Sections 492.4, 492.11, and 492.12; and existing cemeteries
are limited to Sections 23
CCR Sections 493, 493.1, and 493.2A.
B. For projects using treated or untreated graywater or rainwater captured
on site, any lot or parcel within the project that has less than 2,500
sq. ft. of landscape and meets the lot or 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 23
CCR Div. 2 Ch. 2.7 App. D.
C. This chapter shall not apply to the following:
1.
A registered local, State or Federal historical site.
2.
An ecological restoration project that does not require a permanent
irrigation system.
3.
A mined land reclamation project that does not require a permanent
irrigation system.
4.
Existing plant collections, as part of botanical garden or arboretum,
open to the public.
5.
Any single-family residence that is being rebuilt after it was
destroyed due to a natural disaster, such as a fire, earthquake, hurricane
or tornado.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. No person who installs landscaping for a project subject to this
chapter shall install landscaping without the review and approval
required by this chapter.
B. A person constructing a project subject to the requirements of this chapter, as set out in Section
16.12.040, shall obtain approval for the landscaped area as follows:
1.
A person applying for a building permit for a single family
residence shall obtain an approval of the landscaping from the City
of Imperial Beach as part of the permitting process.
2.
A person applying for a discretionary permit described in Section
16.12.040:
a.
Shall submit a landscape concept plan with the discretionary
permit application. The concept plan shall include representation
of the site features, proposed plantings areas and the proposed method
and type of irrigation.
b.
Shall obtain approval for landscaping as part of the permitting
process for each building permit for each project segment that requires
installation of a water meter or connection to an existing water meter.
c.
May use "typical" plans for developer-installed landscaping
for single-family homes.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. The Director of Community Development or designee shall administer
and enforce this chapter.
B. The Director of Community Development or designee shall prepare a
landscape design manual that provides guidance to applicants on how
to comply with the requirements of this chapter. The Director of Community
Development or designee may designate the County of San Diego's
Landscape Manual or other local jurisdiction, as they are applicable
to the requirements of this Chapter, as the City of Imperial Beach
Landscape Manual.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. Except as provided in subsection
B an application for a building permit for a project described in Section
16.12.040 shall submit a landscape documentation package that complies with the provisions of this chapter and with the Landscape Design Manual with the permit application.
B. An applicant for a building permit for a single family residence with a landscaped area less than 500 square feet is not required to submit a landscape documentation package with the permit application, but shall comply with Section
16.12.160. An applicant for a permit for a cemetery is not required to submit a landscape documentation package, but shall comply with Section
16.12.170.
C. The landscape documentation package required by subsection
A shall contain the following:
1.
A soil management report and plan that complies with Section
16.12.080 that analyzes the soil within each landscaped area of the project and makes recommendations regarding soil additives.
2.
Planting and irrigation plans that comply with Section
16.12.090 that describe the landscaping and irrigation for the project.
3.
A water efficient landscape worksheet that complies with the
section that calculates the MAWA and the ETWU for the project.
4.
A grading design plan that complies with Section
16.12.110 that describes the grading of the project. If the project applicant has submitted a grading plan with the application for the project, the Director may accept that grading plan in lieu of the grading design plan required by this subsection if the grading plan complies with Section
16.12.110.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. The soil management report required by Section
16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, or licensed architect, or other person with similar training necessary to approve the applicable plan, and contain the following information:
1.
An analysis of the soil for the proposed landscape areas of
the project that includes information about the soil texture, soil
infiltration rate, pH, total soluble salts, sodium, percent organic
matter.
2.
Recommendations about soil amendments that may be necessary
to foster plant growth and plant survival in the landscaped area using
efficient irrigation techniques.
3.
In projects with multiple landscape installations (i.e., single-family
subdivision), a soil sampling rate of one in seven lots or approximately
15% will satisfy this requirement. Large landscape projects shall
sample at a rate equivalent to one in seven lots.
B. When a project involves mass grading of a site, the applicant shall submit the soil management report that complies with subsection
A above with the certificate of completion.
C. The soil management report shall include information regarding proposed
soil amendments and mulch:
1.
The report shall identify the type and amount of mulch for each
area where mulch is applied. Mulch shall be used as follows:
a.
A minimum three-inch layer of mulch shall be applied on all
exposed soil surfaces in each landscaped area except in turf areas,
creeping or rooting ground covers 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 as such.
b.
Stabilizing mulch shall be applied on slopes.
c.
The mulching portion of seed/mulch slurry in hydro-seeded applications shall comply with subsection
(c)(a) above.
d.
Highly flammable mulch material shall not be used.
2.
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.
3.
For landscape installations, compost at a rate of a minimum
of four cubic yards per 1,000 square feet of permeable area shall
be incorporated to a 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.
4.
The report shall identify any soil amendments and their type
and quantity.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. The planting and irrigation plans required by Section
16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or other person with similar professional training necessary to approve the applicable plan. The plans shall:
1.
Include the MAWA for the plans, including the calculations used to determine the MAWA. The calculations shall be based on the formula in Section
16.12.130.
2.
Included the ETWU for the plans, including the calculations used to determine the ETWU. The calculations shall be based on the formula in Section
16.12.140.
3.
Include a statement signed under penalty of perjury by the person
who prepared the plan that provides, "I am familiar with the requirements
for landscape and irrigation plans contained in the City of Imperial
Beach's Water Efficient Landscape Regulations. I have prepared
this plan in compliance with those regulations and the Landscape Design
Manual. I certify that the plan implements those regulations to provide
efficient use of water."
4.
Demonstrate compliance with best management practices required by Chapter
8.30 of the Imperial Beach Municipal Code (Watershed Protection, Stormwater Management and Discharge Control regulations).
5.
Address fire safety issues and demonstrate compliance with applicable
State and City of Imperial Beach requirements for defensible space
around buildings and structures and shall avoid the use of fire prone
vegetation.
B. The planting plan shall meet the following requirements:
1.
The plan shall include a list of all vegetation by common and
botanical plant name, which exists in the proposed landscaped area.
The plan shall state what vegetation will be retained and what will
be removed.
2.
The plan shall include a list of all vegetation by common and
botanical plant name which will be added to each landscaped area.
No invasive plant species shall be added to a landscaped area. The
plan shall include the total quantities by container size and species.
If the applicant intends to plant seeds, the plan shall describe the
seed mixes and applicable purity and germination specifications.
3.
The plan shall include a detailed description of each water
feature that will be included in the landscaped area.
4.
The plan shall be accompanied by a drawing showing on a page
or pages, the specific location of all vegetation, retained or planted,
the plant spacing and plant size, natural features, water features,
and hardscape areas. The drawing shall include a legend listing the
common and botanical plant name of each plant shown on the drawing.
5.
All plants shall be grouped in hydrozones and the irrigation
shall be designed to deliver water to hydrozones based on the moisture
requirements of the plant grouping. A hydrozone may mix plants of
moderate and low water use or mix plants of high water use with plants
of moderate water use. No high water use plants shall be allowed in
a low water use hydrozone. The plan shall also demonstrate how the
plant groupings accomplish the most efficient use of water.
6.
The plan shall identify areas permanently and solely dedicated
to edible plants.
7.
The plan shall demonstrate that landscaping when installed and
at maturity will be positioned to avoid obstructing motorists'
views of pedestrian crossings, driveways, roadways and other vehicular
travel ways. If the landscaping will require maintenance to avoid
obstructing motorist's views, the plan shall describe the maintenance
and the frequency of the proposed maintenance.
8.
The plan shall avoid the use of landscaping with known surface
root problems adjacent to a paved area, unless the plan provides for
installation of root control barriers or other appropriate devices
to control surface roots.
9.
Plants in a transitional area shall consist of a combination
of site adaptive and compatible native and/or non-native species.
No invasive species shall be introduced or tolerated in a transitional
area. The irrigation in a transitional area shall be designed so that
no overspray or runoff shall enter an adjacent area that is not irrigated.
10.
On a project other than a single-family residence, the plan
shall identify passive and active recreational areas.
11.
Identify location, installation details, and 24-hour retention
or infiltration capacity of any applicable stormwater best management
practices that encourage on-site retention and infiltration of stormwater.
Project applicants shall refer to the local agency or regional Water
Quality Control Board for information on any applicable stormwater
technical requirements.
12.
Identify any applicable graywater discharge piping, system components
and area(s) of distribution
C. The irrigation plan shall meet the following requirements:
1.
The plan shall show the location, type and size of all components
of the irrigation system that will provide water to the landscaped
area, including the controller, water lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure
regulators, and backflow prevention devices.
2.
Landscape water meters, defined as either a dedicated water
service meter or private submeter, shall be installed for all nonresidential
irrigated landscapes of 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
a.
A customer service meter dedicated to landscape use provided
by the local water purveyor; or
b.
A privately owned meter or submeter.
3.
The plan shall show the static water pressure at the point of
connection to the public water supply and the flow rate in gallons,
the application rate in inches per hour and the design operating pressure
in pressure per square inch for each station.
4.
The irrigation system shall be designed to prevent runoff, overspray,
low-head drainage and other similar conditions where irrigation water
flows or sprays onto areas not intended for irrigation. The plan shall
also demonstrate how grading and drainage techniques promote healthy
plant growth and prevent erosion and runoff.
5.
The plan shall identify each area irrigated with recycled water.
6.
The plan shall provide that any slope greater than 25% will
be irrigated with an irrigation system with a precipitation rate of
.75 inches per hour or less to prevent runoff and erosion. As used
in this chapter, 25% grade means one foot of vertical elevation change
for every four feet of horizontal length. An applicant may employ
an alternative design if the plan demonstrates that no runoff or erosion
will occur.
7.
The plan shall provide that all wiring and piping under a paved
area that a vehicle may use, such as a parking area, driveway or roadway,
will be installed inside a PVC conduit.
8.
The plan shall provide that irrigation piping and irrigation
devices that deliver water, such as sprinkler heads, shall be installed
below grade if they are within 24 inches of a vehicle or pedestrian
use area. The Director may allow on-grade piping where landform constraints
make below grade piping infeasible.
9.
The plan shall provide that only low volume or subsurface irrigation
shall be used to irrigate any vegetation within 24 inches of an impermeable
surface unless the adjacent impermeable surfaces are designed and
constructed to cause water to drain entirely into a landscaped area.
10.
The irrigation system shall provide for the installation of
a manual shutoff valve as close as possible to the water supply. Additional
manual shutoff valves shall be installed between each zone of the
irrigation system and the water supply.
11.
The irrigation system shall provide that irrigation for any
landscaped area will be regulated by an automatic irrigation controller.
12.
The irrigation system shall be designed with landscape irrigation
efficiency necessary to meet the MAWA.
13.
The plan shall provide master shut-off valves 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.
14.
The plan shall provide low sensors that detect high flow conditions
created by system damage or malfunction are required for all on nonresidential
landscapes and residential landscapes of 5,000 sq. ft. or larger.
15.
All irrigation emission devices must meet the requirements set
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
must document a distribution uniformity low quarter of 0.65 or higher
using the protocol defined in ASABE/ICC 802-2014
16.
Areas less than 10 feet in width in any direction on the plans
shall be irrigated with subsurface irrigation or other means that
produces no runoff or overspray.
17.
The plan shall describe each automatic irrigation controller
the system uses to regulate the irrigation schedule and whether it
is a weather based system or moisture detection system. The plan shall
depict the location of electrical service for the automatic irrigation
controller or describe the use of batteries or solar power that will
power valves or a smart controller.
(Ord. 2009-1095 § 1; Ord. 2016-1158 § 5; Ord. 2023-1234, 8/16/2023)
The water efficient landscape worksheet required by Section
16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or other person with similar professional training and shall contain the following:
A. A hydrozone
information table that contains a list of each hydrozone in the landscaped
area of the project and complies with the following requirements:
1. For
each hydrozone listed, the table shall identify the plant types and
water features in the hydrozone, the irrigation methods uses, the
square footage and the percentage of the total landscaped area of
the project that the hydrozone represents.
2. The
plant types shall be categorized as turf, high water use, moderate
water use or low water use.
3. Information
on the plant factor, irrigation method, irrigation efficiency, and
area associated with each hydrozone. Calculations shall be made to
show that the evapotranspiration adjustment factor (ETAF) for the
landscape project does not exceed a factor of 0.55 for residential
areas and 0.45 for nonresidential areas, exclusive of special landscape
areas. The ETAF for a landscape project is based on the plant factors
and irrigation methods selected. The maximum applied water allowance
is calculated based on the maximum ETAF allowed (0.55 for residential
areas and 0.45 for nonresidential areas) and expressed as annual gallons
required. The estimated total water use (ETWU) is calculated based
on the plants used and irrigation method selected for the landscape
design. ETWU must be below the MAWA.
B. Water
budget calculations, which shall meet the following requirements:
1. The
plant factor used shall be from WUCOLS III. The plant factor ranges
from 0.1 for very low water use plants, 0.3 for low water use plants,
0.5 for moderate water use plants, and 0.8 for high water use plants.
A plan that mixes plants in a hydrozone that require a different amount
of water shall use the plant factor for the highest water using plant
in the hydrozone. Turf shall have a plant factor of 1.0.
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 in 23
CCR Div. 2 Ch. 2.7 Appendix B.
4. The calculations shall use the formula for the MAWA in Section
16.12.130 and for the ETWU in Section
16.12.140.
5. ETAF
for new and existing (non-rehabilitated) special landscape areas shall
not exceed 1.0.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
The grading design plan required by Section
16.12.070 shall be prepared by a California licensed civil engineer, licensed landscape architect, licensed architect or person with similar professional training and shall comply with the following requirements:
A. The grading on the project site shall be designed for the efficient
use of water by minimizing soil erosion, runoff and water waste, resulting
from precipitation and irrigation.
B. The plan shall show the finished configurations and elevations of
each landscaped area including the height of graded slopes, the drainage
pattern, pad elevations, finish grade and any stormwater retention
improvements.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
The irrigation schedule required by Section
16.12.070 shall be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or person with similar professional training and provide the following information.
A. A description of the automatic irrigation system that will be used
for the project;
B. The evapotranspiration data relied on to develop the irrigation schedule,
including the source of the data;
C. The time period when overhead irrigation will be scheduled and confirm
that no overhead irrigation shall be used between the hours of 10:00
a.m. and 8:00 p.m.;
D. The parameters used for setting the irrigation system controller
for watering times for:
1.
The plant establishment period,
3.
Temporarily irrigated areas,
4.
Different seasons during the year.
E. The consideration used for each station for the following factors:
1.
The days between irrigation,
2.
Station run time in minutes for each irrigation event, designed
to avoid runoff,
3.
Number of cycle starts required for each irrigation event, designed
to avoid runoff,
4.
Amount of water to be applied on a monthly basis,
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. A landscape project subject to this chapter shall not exceed the
MAWA. The MAWA for a landscape project shall be determined by the
following calculation:
MAWA = (ETo)(0.62)[0.7 x LA + 0.3 x SLA]
B. The abbreviations used in the equation have the following meanings:
1.
MAWA = Maximum Applied Water Allowance in gallons per year.
2.
ETo = Evapotranspiration in inches per year.
3.
0.62 = Conversion factor to gallons per square foot.
4.
0.7 = ET adjustment factor for plant factors and irrigation
efficiency
5.
LA = Landscaped area includes special landscaped area in square
feet.
6.
0.3 = the additional ET adjustment factor for a special landscaped
area (1.0 - 0.7 = 0.3)
7.
SLA = Portion of the landscaped area identified as a special
landscaped area in square feet.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. An applicant for a project subject to this chapter shall calculate
the ETWU for each landscaped area and the entire project using the
following equation:
ETWU = (ETo)(0.62)(PF x HA/IE + SLA)
B. The abbreviations used in the equation have the following meanings:
1.
ETWU = Estimated total water use in gallons per year.
2.
ETo = Evapotranspiration in inches per year.
3.
0.62 = Conversion factor to gallons per square foot.
4.
PF = Plant factor from WUCOLS
5.
HA = Hydrozone Area in square feet. Each HA shall be classified
based upon the data included in the landscape and irrigation plan
as high, medium or low water use.
6.
IE = Irrigation Efficiency (minimum 0.71).
7.
SLA = Special landscaped area in square feet.
C. The ETWU for a proposed project shall not exceed the MAWA.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
Rock and stone or pervious design features, such as decomposing
granite ground cover that are adjacent to a vegetated area may be
included in the calculation of the MAWA and ETWU provided the features
are integrated into the design of the landscape area and primary purpose
of the feature is decorative.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
An applicant for a building permit for a new single-family residence
subject to this chapter where the landscaped area of the project is
less than 2,500 square feet for rehabilitated landscapes and 500 square
feet for new development shall, as a condition of obtaining a building
permit, submit an application to establish a MAWA and/or a best landscape
design practices checklist for the property on the form approved by
the Director.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A person submitting an application for a cemetery shall submit
the following:
B. A water efficient irrigation worksheet that calculated the MAWA for the project with the application that complies with Section
16.12.100.
C. A landscape irrigation and maintenance schedule that complies with Section
16.12.230.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
The following regulations shall apply to the use of turf on
a project subject to this chapter:
A. Only low volume or subsurface irrigation shall be used for turf in
a landscaped area:
1.
On a slope greater than 25% grade where the toe of the slope
is adjacent to an impermeable hardscape.
2.
Where any dimension of the landscaped area is less than six
feet wide.
B. On a commercial, industrial or multifamily project, no turf shall
be allowed on a center island median strip or on a parking lot island.
C. A ball field, park, golf course, cemetery and other similar use shall
be designed to limit turf in any portion of a landscaped area not
essential for the operation of the facility.
D. No turf shall be allowed in a landscaped area that cannot be efficiently
irrigated, such as avoiding runoff or overspray.
E. These regulations do not apply to the use of artificial turf.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A person who obtains a permit to construct a single-family residential
development that contains a model home shall provide a summary of
this chapter prepared by the Director of Community Development to
each adult visitor that visits a model home. If an adult visitor is
accompanied by one or more adults during the visit, only one set of
written materials is required to be provided. Each model home shall
provide an educational sign in the front yard of the model home visible
and readable from the roadway that the home faces that states in capital
black lettering at least two inches high on a white sign, "THIS MODEL
HOME USES WATER EFFICIENT LANDSCAPING AND IRRIGATION."
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. A person who obtains a permit for a project that is subject to this
chapter shall use recycled water for irrigation when tertiary treated
recycled water is available from the water purveyor who supplies water
to the property for which the City issues a permit.
B. A person using recycled water shall install a dual distribution system
for water received from a public water surveyor. Pipes carrying recycled
water shall be purple.
C. A person who uses recycled water under this section shall be entitled
to an ETAF of 1.0.
D. This section does not excuse a person using recycled water from complying
with all State and local laws and regulations related to recycled
water use.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
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 ordinance standards. Refer to Section
16.12.040(B) for the applicability of this chapter to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.
(Ord. 2023-1234, 8/16/2023)
A person issued a landscape approval for a project, other than
a single-family residence where the landscaped area of the project
is less than 2,500 square feet for rehabilitated landscapes and 500
square feet for new development, shall install the approved landscaping
and irrigation system before final inspection of the project.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. A property owner using water on property subject to a landscape approval
other than a single-family residence with a total landscaped area
less than 2,500 square feet for rehabilitated landscapes and 500 square
feet for new development shall prepare a maintenance schedule for
the landscaping and irrigation system on the project. The schedule
shall provide for: (1) routine inspection to guard against runoff
and erosion and to detect plant or irrigation system failure; (2)
replacement of dead, dying and diseased vegetation; (3) eradication
of invasive species; (4) repairing the irrigation system and its components;
(5) replenishing mulch; (6) soil amendment when necessary to support
and maintain healthy plant growth; (7) fertilizing, pruning and weeding
and maintaining turf areas; and (8) maintenance to avoid obstruction
of motorists' view. The schedule shall also identify who will
be responsible for maintenance.
B. After approval of a landscape plan, the owner is required to:
1.
Maintain and operate the landscaping and irrigation system on
the property consistent with the MAWA.
2.
Maintain the irrigation system to meet or exceed an irrigation
efficiency necessary to meet MAWA.
3.
Replace broken or malfunctioning irrigation system components
with components of the same materials and specifications, their equivalent
or better.
4.
Ensure that when vegetation is replaced, replacement plantings
are representative of the hydrozone in which the plants were removed
and are typical of the water use requirements of the plants removed,
provided that the replaced vegetation does not result in mixing high
water use plants with low water use plants in the same hydrozone.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
Each person issued a landscape approval, other than a single
family residence with a total landscaped area of less than 2,500 square
feet for rehabilitated landscapes and 500 square feet for new development
shall submit:
A. A signed certificate of completion, under penalty of perjury, on
a form provided by the Director of Community Development within 10
days after installation.
1.
The certificate shall include a statement verifying that the
landscaping and irrigation were installed as allowed in the approved
landscape and irrigation plan, all approved soil amendments were implemented,
the installed irrigation system is functioning as designed and approved,
the irrigation control system was properly programmed in accordance
with the irrigation schedule, and the person operating the system
has received all required maintenance and irrigation plans.
2.
Where there have been significant changes to the landscape plan
during the installation of landscaping or irrigation devices or irrigation
system components, the professional of record for the landscape design
shall submit "as built" plans that show the changes.
3.
The certificate shall be signed by the professional of record
for the landscape design.
B. An irrigation schedule that complies with Section
16.12.120 that describes the irrigation times and water usage for the project. A soil management report that complies with Section
16.12.080, if the applicant did not submit the report with the landscape documentation package.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. No person shall use water for irrigation that due to runoff, low
head drainage, overspray or other similar condition, water flows onto
adjacent property, non-irrigated areas, structures, walkways, roadways
or other paved areas.
B. No person whose landscape is subject to a landscape approval pursuant
to this chapter shall apply water to the landscape in excess of the
MAWA.
C. No person shall fail to maintain the irrigation system installed
as part of a City approved landscape documentation package as required
by this section.
D. The local agency shall administer programs that may include, but
not be limited to, irrigation water use analysis, irrigation audits,
and irrigation surveys for compliance with the Maximum Applied Water
Allowance.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. This section shall apply to all existing landscapes that were installed
before December 1, 2015 and are over one acre in size.
1.
For all landscapes in Section
16.12.040A.1. that have a water meter, the local agency 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 landscapes in Section 16.12.040A.1., that do not have
a meter, the local agency 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
landscape irrigation auditor.
Ord. 2023-1234, 8/16/2023)
A. This chapter shall be enforced using the civil and criminal provisions
found in Title I (General Provisions) of the Imperial Beach Municipal
Code. All remedies are cumulative.
B. Nothing herein prevents the City from inspecting properties, in a
manner allowed by law, to determine if violations of this chapter
have occurred, including the use of water audit procedures as authorized
by law.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
An applicant for a project subject to this chapter shall include
with the application, all fees established by resolution by the City
Council to cover the City's cost to review an application, any
required landscape documentation package and any other documents the
City reviews pursuant to the requirements of this chapter.
(Ord. 2009-1095 § 1; Ord. 2023-1234, 8/16/2023)
A. Local agencies shall report on implementation and enforcement by
December 31, 2015. Local agencies responsible for administering individual
ordinances shall report on their updated ordinance, while those agencies
developing a regional ordinance shall report on their existing ordinance.
Those agencies crafting a regional ordinance shall also report on
their new ordinance by March 1, 2016. Subsequently, reporting for
all agencies will be due by January 31st of each year. Reports shall
be submitted to the Department of Water Resources.
B. Local agencies are to address the following:
1.
State whether you are adopting a single agency ordinance or
a regional agency alliance ordinance, and the date of adoption or
anticipated date of adoption.
2.
Define the reporting period. The reporting period shall commence
on December 1, 2015 and the end on December 28, 2015. For local agencies
crafting regional ordinances with other agencies, there shall be an
additional reporting period commencing on February 1, 2016 and ending
on February 28, 2016. In subsequent years, all local agency reporting
will be for the calendar year.
3.
State if using a locally modified Water Efficient Landscape
Ordinance (WELO) or the MWELO. If using a locally modified WELO, how
is it different than MWELO, is it at least as efficient as MWELO,
and are there any exemptions specified?
4.
State the entity responsible for implementing the ordinance.
5.
State number and types of projects subject to the ordinance
during the specified reporting period.
6.
State the total area (in square feet or acres) subject to the
ordinance over the reporting period, if available.
7.
Provide the number of new housing starts, new commercial projects,
and landscape retrofits during the reporting period.
8.
Describe the procedure for review of projects subject to the
ordinance.
9.
Describe actions taken to verify compliance. Is a plan check
performed; if so, by what entity? Is a site inspection performed;
if so, by what entity? Is a post-installation audit required; if so,
by whom?
10.
Describe enforcement measures.
11.
Explain challenges to implementing and enforcing the ordinance.
12.
Describe educational and other needs to properly apply the ordinance.
(Ord. 2023-1234, 8/16/2023)