Editor's note: Chapter 9-6 was renumbered from Chapter 10-2 by Ord. 1156. Prior ordinance history: Ords. 863, 1059 and 1090.
(a) 
The State Legislature has found:
(1) 
That the waters of the State are of limited supply and are subject to ever increasing demands;
(2) 
That the continuation of California's economic prosperity is dependent on the availability of adequate supplies of water for future uses;
(3) 
That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
(4) 
That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
(5) 
That landscape design, installation, maintenance and management can and should be water efficient; and
(6) 
That Section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.
(b) 
Consistent with these legislative findings, the purpose of this chapter is to:
(1) 
Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
(2) 
Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;
(3) 
Establish provisions for water management practices and water waste prevention for existing landscapes;
(4) 
Use water efficiently without waste by setting a maximum applied water allowance as an upper limit for water use and reduce water use to the lowest practical amount;
(5) 
Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; and
(6) 
Encourage the use of economic incentives that promote the efficient use of water.
(c) 
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 this 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 esthetic 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
This chapter shall apply to all of the following landscape projects:
(1) 
New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, site plan review or design review;
(2) 
Rehabilitated landscape projects with an aggregated landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, site plan review, or design review;
(3) 
Existing landscapes limited to Sections 9-6.03.10, 9-6.04, 9-6.04.01 and 9-6.04.02; and
(4) 
Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 9-6.03.04, 9-6.03.11, and 9-6.03.12; and existing cemeteries are limited to Sections 9-6.04, 9-6.04.01, and 9-6.04.02.
(b) 
Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D.
(c) 
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 square feet 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 Appendix D Section (5).
(d) 
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.
(§ 1, Ord. 1156, eff. July 7, 2017)
The terms used in this chapter have the meaning set forth below:
"Applied water"
means the portion of water supplied by the irrigation system to the landscape.
"Automatic irrigation controller"
means a 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"
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.
"Certificate of completion"
means the document required under Section 9-6.03.09.
"Certified irrigation designer"
means a person certified to design irrigation systems by an accredited academic institution a professional trade organization or other program such as the U.S. Environmental Protection Agency's Water-Sense Irrigation Designer Certification Program and Irrigation Association's Certified Irrigation Designer Program.
"Certified landscape irrigation auditor"
means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation Auditor Certification Program and Irrigation Association's Certified Landscape Irrigation Auditor 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.
"Common interest developments"
means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
"Compost"
means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
"Conversion factor (0.62)"
means the number that converts acre-inches per acre per year to gallons per square foot per year.
"Distribution uniformity"
means the measure of the uniformity of irrigation water over a defined area.
"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.
"Ecological restoration project"
means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
"Effective precipitation" or "usable rainfall (Eppt)"
means the portion of total precipitation which becomes available for plant growth.
"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.
"Estimated total water use (ETWU)"
means the total water used for the landscape as described in Section 9-6.03.04.
"ET adjustment factor (ETAF)"
means 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"
means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
"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.
"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.
"Hardscapes"
means any durable material (pervious and non-pervious).
"Hydrozone"
means a portion of the landscaped area having plants with similar water needs and rooting depth. 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 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"
means 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)"
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 efficiencies 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.
"Irrigation water use analysis"
means an analysis of water use data based on meter readings and billing data.
"Landscape architect"
means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code Section 5615.
"Landscape area"
means all the 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"
means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
"Landscape Documentation Package"
means the documents required under Section 9-6.03.03.
"Landscape project"
means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 9-6.01.01.
"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.
"Lateral line"
means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
"Local water purveyor"
means any entity, including a public agency, city, county, or private water company that provides retail water service.
"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, 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.
"Main line"
means the pressurized pipeline that delivers water from the water source to the valve or outlet.
"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.
"Maximum applied water allowance (MAWA)"
means the upper limit of annual applied water for the established landscaped area as specified in Section 9-6.03.04. 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)].
"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 any organic material such as leaves, bark, straw, and compost, or inorganic mineral materials such as rocks, gravel, and decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
"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.
"Non-residential 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.
"Overhead sprinkler irrigation systems"
means systems that deliver water through the air (e.g., spray heads and rotors).
"Overspray"
means the irrigation water which is delivered beyond the target area.
"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 the 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 nursery industry 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 9-6.03.03, to request a permit, plan check, or design review from the City of Los Banos. A project applicant may be the property owner or designee.
"Rain sensor" or "rain sensing shutoff device"
means a component which automatically suspends an irrigation event when it rains.
"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 areas, excluding private single-family residential areas, dedicated to 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" means 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" 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 allowance so that regional differences in climate can be accommodated.
"Rehabilitated landscape"
means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 9-6.01.01, and the modified landscape area is equal to or greater than 2,500 square feet, is 50% of the total landscape area, and the modifications are completed within one year.
"Residential landscape"
means landscapes surrounding single-family or multifamily homes.
"Runoff"
means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
"Soil moisture sensing device" or "soil moisture sensor"
means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.
"Soil texture"
means the classification of soil based on its percentage of sand, silt, and clay.
"Special landscape area (SLA)"
means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.
"Sprinkler head"
means a device which delivers water through a nozzle.
"Static water pressure"
means the pipeline or municipal water supply pressure when water is not flowing.
"Station"
means an area served by one valve or by a set of valves that operate simultaneously.
"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.
"Submeter"
means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
"Turf"
means a ground cover 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"
means a device used to control the flow of water in the irrigation system.
"Water conserving plant species"
means a plant species identified as having a very low or low plant factor.
"Water feature"
means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the 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"
means the time of day irrigation is allowed.
"WUCOLS"
means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension, and the Department of Water Resources 2014.
(§ 1, Ord. 1156, eff. July 7, 2017)
The City of Los Banos may designate by mutual agreement, another agency to implement some or all of the requirements contained in this chapter. The City of Los Banos may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
Prior to construction, the City of Los Banos shall:
(1) 
Provide the project applicant with a copy of the ordinance and procedures for permits, plan checks, site plan review or design reviews;
(2) 
Review the Landscape Documentation Package submitted by the project applicant;
(3) 
Approve or deny the Landscape Documentation Package;
(4) 
Issue a permit or approve the plan check, site plan review or design review for the project applicant; and
(5) 
Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor, if other than the City of Los Banos.
(b) 
Prior to construction, the project applicant shall:
(1) 
Submit a Landscape Documentation Package to the City of Los Banos.
(c) 
Upon approval of the Landscape Documentation Package by the City of Los Banos, the project applicant shall:
(1) 
Receive a permit or approval of the plan check or site plan review or design review and 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 designee; and
(3) 
Submit a copy of the Water Efficient Landscape Worksheet to the City of Los Banos.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
The Landscape Documentation Package shall include the following six elements:
(1) 
Project information:
(A) 
Date;
(B) 
Project applicant;
(C) 
Project address (if available, parcel and/or lot number(s));
(D) 
Total landscape area (square feet);
(E) 
Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner installed);
(F) 
Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;
(G) 
Checklist of all documents in Landscape Documentation Package;
(H) 
Project contacts to include contact information for the project applicant and property owner; and
(I) 
Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package."
(2) 
Water Efficient Landscape Worksheet:
(A) 
Hydrozone information table;
(B) 
Water budget calculations:
(i) 
Maximum applied water allowance (MAWA), and
(ii) 
Estimated total water use (ETWU);
(3) 
Soil management report;
(4) 
Landscape design plan;
(5) 
Irrigation design plan; and
(6) 
Grading design plan.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix B which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then 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 non-residential 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 non-residential 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.
(1) 
In calculating maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix A.
(b) 
Water budget calculations shall adhere to the following requirements:
(1) 
The plant factor used shall be from 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 in Appendix B.
(4) 
ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, as follows:
(1) 
Submit soil samples to a laboratory for analysis and recommendations.
(A) 
Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
(B) 
The soil analysis shall include:
(i) 
Soil texture;
(ii) 
Infiltration rate determined by laboratory test or soil texture infiltration rate table;
(iv) 
Total soluble salts;
(v) 
Sodium;
(vi) 
Percent organic matter; and
(vii) 
Recommendations.
(C) 
In projects with multiple landscape installations (i.e., production home developments) 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.
(2) 
The project applicant, or designee, shall comply with one of the following:
(A) 
If significant mass grading is not planned, the soil analysis report shall be submitted to the City of Los Banos as part of the Landscape Documentation Package; or
(B) 
If significant mass grading is planned, the soil analysis report shall be submitted to the City of Los Banos as part of the certificate of completion.
(3) 
The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(4) 
The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City of Los Banos with certificate of completion.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
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 meeting the following design criteria 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 shall include one or more of the following:
(i) 
Protection and preservation of native species and natural vegetation;
(ii) 
Selection of water-conserving plant tree and turf species, especially local native plants;
(iii) 
Selection of plants based on local climate suitability, disease and pest resistance;
(iv) 
Selection of trees based on approved local tree and tree shading guidelines, and size at maturity as appropriate for the planting area; as specified in the City of Los Banos Standards and Specifications;
(v) 
Selection of plants from approved local and regional landscape program plant lists as specified in the City of Los Banos Standards and Specifications;
(vi) 
Selection of plants from local Fuel Modification Plan Guidelines.
(B) 
Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in Section 9-6.03.07(a)(2)(D).
(C) 
Plants shall 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:
(i) 
Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
(ii) 
Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
(iii) 
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% where the toe of the slope is adjacent to an impermeable hardscape and where 25% 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, and turf are prohibited in street medians.
(F) 
A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per Public Resources Code Section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.
(G) 
The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.
(H) 
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 as a group.
(2) 
Water Features.
(A) 
Recirculating water systems shall be used for 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.
(B) 
Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected (see Section 9-6.03.05).
(C) 
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 (6″) inches into the soil. Soils with greater than 6% organic matter in the top six (6″) inches of soil are exempt from adding compost and tilling.
(D) 
A minimum three (3″) 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 5% of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
(E) 
Stabilizing mulching products shall be used on 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 organic products 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 provisions of the Municipal Code.
(4) 
Implement practices that reduce the discharge of pesticides, herbicides and fertilizers. At a minimum the permittee shall implement landscape management measures that rely on non-chemical solutions, including:
(A) 
Create drought-resistant soils by amending soils with compost;
(B) 
Create soil microbial community through the use of compost, compost tea, or inoculation; and
(C) 
Use native and/or climate appropriate plants to reduce the amount of water, pesticides, herbicides and fertilizers used.
(b) 
The landscape design plan, at a minimum, shall:
(1) 
Delineate and label each hydrozone by number, letter, or other method;
(2) 
Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;
(3) 
Identify recreational areas;
(4) 
Identify areas permanently and solely dedicated to edible plants;
(5) 
Identify areas irrigated with recycled water;
(6) 
Identify type of mulch and application depth;
(7) 
Identify soil amendments, type, and quantity;
(8) 
Identify type and surface area of water features;
(9) 
Identify hardscapes (pervious and non-pervious);
(10) 
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 City Standards or Municipal Code or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in Section 9-6.03.16;
(11) 
Identify any applicable rain harvesting or catchment technologies as discussed in Section 9-6.03.16 and their 24 hour retention or infiltration capacity;
(12) 
Identify any applicable graywater discharge piping, system components and area(s) of distribution;
(13) 
Contain the following statement: "I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan"; and
(14) 
Bear the signature of a licensed landscape architect, licensed landscape contractor, landscape designer or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
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 all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(1) 
System.
(A) 
Landscape water meters defined as a dedicated water service meter shall be installed for all non-residential irrigated landscapes of 1,000 square feet but not more than 5,000 square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be only a customer service meter dedicated to landscape use provided by the Public Works Department and paid for by the property owner.
(B) 
Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data and 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.
(i) 
If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.
(ii) 
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 (rain, freeze, wind), 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 should be avoided during windy or freezing weather or during rain.
(E) 
Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
(F) 
Approved backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the City of Los Banos Standards and Specifications 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 5,000 square feet 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, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
(J) 
Relevant information from the soil management plan, such as soil and infiltration rate, shall be utilized when designing irrigation systems.
(K) 
The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
(L) 
The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 9-6.03.04 regarding the maximum applied water allowance.
(M) 
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.
(N) 
It is highly recommended that the project applicant inquire with the Public Works Department about peak water operating demands (on the water supply system) and 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 risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.
(S) 
Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
(T) 
Areas of turf less than ten (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 twenty-four (24″) inches of any non-permeable surface. Allow-able 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 or City approved material. These restrictions may be modified if:
(i) 
The landscape area is adjacent to permeable surfacing and no runoff occurs; or
(ii) 
The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
(iii) 
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 criteria in Section 9-6.03.07(a)(1)(I). Prevention of overspray and runoff must be confirmed during the irrigation audit.
(V) 
Slopes greater than 25% shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified 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 must 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.
(B) 
Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(C) 
Where feasible, trees shall be placed on separate valves from shrubs, ground covers, 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:
(i) 
Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
(ii) 
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 (9-6.08 Part A). This table can also assist with The City of Los Banos irrigation audit and programming the controller.
(b) 
The irrigation design plan, at a minimum, shall contain:
(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 as specified in Section 9-6.03.14;
(6) 
The following statement: "I have complied with the criteria of the ordinance 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. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.
(1) 
The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
(A) 
Height of graded slopes;
(B) 
Drainage patterns;
(C) 
Pad elevations;
(D) 
Finish grade; and
(E) 
Stormwater retention improvements, if applicable.
(2) 
To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) 
Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
(B) 
Avoid disruption of natural drainage patterns and undisturbed soil; and
(C) 
Avoid soil compaction in landscape areas.
(3) 
The grading design plan shall contain the following statement: "I have complied with the criteria of the ordinance 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
The certificate of completion (Appendix C for a sample certificate) shall include the following six elements:
(1) 
Project information sheet that contains:
(A) 
Date;
(B) 
Project name;
(C) 
Project applicant name, telephone, and mailing address;
(D) 
Project address and location; and
(E) 
Property owner name, telephone, and mailing address.
(2) 
Certification 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 per the approved Landscape Documentation Package;
(A) 
Where there have been significant changes made in the field during construction, these "as-built" or record drawings shall be included with the certification;
(B) 
A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
(3) 
Irrigation scheduling parameters used to set the controller (see Section 9-6.03.10);
(4) 
Landscape and irrigation maintenance schedule (see Section 9-6.03.11);
(5) 
Irrigation audit report (see Section 9-6.03.12); and
(6) 
Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 9-6.03.05).
(b) 
The project applicant shall:
(1) 
Submit the signed certificate of completion to the City of Los Banos for review;
(2) 
Ensure that copies of the approved certificate of completion are submitted to the Public Works Department and property owner or designee.
(c) 
The City of Los Banos shall:
(1) 
Receive the signed certificate of completion from the project applicant;
(2) 
Approve or deny the certificate of completion. If the certificate of completion is denied, the City of Los Banos shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
(1) 
Irrigation scheduling shall be regulated by automatic irrigation controllers.
(2) 
Overhead irrigation shall be restricted to certain days and times at all times during the year. It is unlawful for any person to use City supplied water for irrigation of lawn, landscaping, et cetera, between the hours of 11:00 a.m. and 7:00 p.m. on any day of the week, year round. Usage of water for the aforesaid purposes shall be restricted year round to Sun-day, Wednesday, and Friday before 11:00 a.m. and after 7:00 p.m. on the even numbered side of any street and Tuesday, Thursday and Saturday before 11:00 a.m. and after 7:00 p.m. on the odd numbered side of any street. Watering shall be prohibited on Monday. "Even-numbered side of any street" shall mean that side of the street on which the house numbers end in even figures. "Odd-numbered side of any street" shall mean that side of the street on which the house numbers end in odd figures. New plantings, such as new lawns, ground coverings, or bedding plants may be watered every day before 11:00 a.m. and after 7:00 p.m. providing the following conditions are met:
(A) 
New lawns, ground coverings, or bedding plants shall not include reseeding of existing lawns or replacement of existing ground cover, or bedding plants, unless the new plantings, reseeding of existing lawns or replacement of existing ground cover, or bedding plants, complies with this new ordinance. If it does comply, these areas can be watered every day before 11:00 a.m. and after 7:00 p.m. for a period of one year from planting date. The compliance with this ordinance for existing lawns and replacement of existing cover, or bedding plants will be determined by the Public Works Department upon submittal of the required information; and
(B) 
New lawns, ground coverings, or bedding plants shall be considered new for a period of one year from planting date.
(3) 
For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the estimated total water 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.
(4) 
Parameters used to set the automatic controller shall be developed and submitted for each of the following:
(A) 
The plant establishment period;
(B) 
The established landscape; and
(C) 
Temporarily irrigated areas.
(5) 
Each irrigation schedule shall consider for each station all of the following that apply:
(A) 
Irrigation interval (days between irrigation);
(B) 
Irrigation run times (hours or minutes per irrigation event to avoid runoff);
(C) 
Number of cycle starts required for each irrigation event to avoid runoff;
(D) 
Amount of applied water scheduled to be applied on a monthly basis;
(E) 
Application rate setting;
(F) 
Root depth setting;
(G) 
Plant type setting;
(H) 
Soil type;
(I) 
Slope factor setting;
(J) 
Shade factor setting; and
(K) 
Irrigation uniformity or efficiency setting.
(§ 1, Ord. 1156, eff. July 7, 2017)
(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 any obstruction to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(c) 
Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.
(d) 
A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.
(e) 
Implement practices that reduce the discharge of pesticides, herbicides and fertilizers. At a minimum the permittee shall implement landscape management measures that rely on non-chemical solutions, including:
(1) 
Practice grasscycling on decorative turf landscapes to reduce water use and the need for fertilizers;
(2) 
Keeping grass clippings and leaves away from waterways and out of the street using mulching, composting, or landfilling;
(3) 
Preventing application of pesticides, herbicides and fertilizers during irrigation or within 48 hours of predicted rainfall with greater than 50% probability as predicted by National Oceanic and Atmospheric Administration (NOAA);
(4) 
Limiting or replacing herbicide and pesticide use (e.g., conducting manual weed and insect removal);
(5) 
Prohibiting application of pesticides, herbicides and fertilizers as required by the regulations DPR 11-004 Prevention of Surface Water Contamination by Pesticides enacted by the Department of Pesticide Regulation; and
(6) 
Reducing mowing of grass to allow for greater pollutant removal, but not jeopardizing public safety.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
All landscape irrigation audits shall be conducted by a City irrigation auditor or a third party 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 lots or approximately 15% will satisfy this requirement.
(c) 
For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 9-6.01.01:
(1) 
The project applicant shall submit an irrigation audit report with the certificate of completion to the City of Los Banos that may include, but is not limited to: 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 of Los Banos 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
For the purpose of determining maximum applied water allowance, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
The installation of recycled 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 accordance with all applicable local and State laws.
(c) 
Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.
(§ 1, Ord. 1156, eff. July 7, 2017)
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 9-6.01.01(c) 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.
(b) 
Project applicants shall refer to the City of Los Banos Public Works Department for information on any applicable stormwater technical requirements.
(c) 
All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 9-6.03.06(a)(3).
(d) 
It is strongly recommended that landscape areas 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) the one inch, 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 or Federal regulation.
(e) 
It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:
(1) 
Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
(2) 
Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
(3) 
Incorporate pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff.
(4) 
Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water retention.
(5) 
Incorporate rain gardens, cisterns, and other rain harvesting or catchment.
(6) 
Incorporate infiltration beds, swales, basins and drywells to retain stormwater and increase percolation into the soil.
(7) 
Consider constructed wetlands and ponds that retain water, handle excess flow, and filter pollutants.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.
(1) 
The City of Los Banos 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 shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.
(1) 
Signs shall be used to identify the model as an example of water efficient landscape featuring elements such as hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per the local ordinance; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.
(2) 
Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
The City of Los Banos must comply with the California Environmental Quality Act (CEQA), as appropriate.
(b) 
The City of Los Banos will:
(1) 
Evaluate pesticides, herbicides and fertilizers used and application activities performed and identify pollution prevention and source control opportunities.
(2) 
Collect and properly dispose of unused pesticides, herbicides, and fertilizers.
(3) 
Record the types and amounts of pesticides, herbicides and fertilizers used in the City by the City.
(§ 1, Ord. 1156, eff. July 7, 2017)
The City of Los Banos may by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. Local agencies may collaborate with water purveyors to define each entity's specific responsibilities relating to this chapter.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
This Section 9-6.04.01, 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 subsection (a) that have a water meter, the City of Los Banos 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 subsection (a) that do not have a meter, the City of Los Banos 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
No property owner or responsible person shall allow or permit water waste resulting from inefficient landscape irrigation by allowing or permitting runoff from leaving the target landscape 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. No person shall allow water to run or waste from one's property onto a City street or right-of-way to such an extent that water shall flow in the street/gutter excessively beyond the frontage of the property occupied by such person; nor to flow excessively off the occupied property into the street/gutter; nor to continuously fall upon a public right-of-way or adjoining property such as to significantly contribute to gutter flow; nor to excessively flow onto or continuously upon adjoining properties or an alley.
(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.
(§ 1, Ord. 1156, eff. July 7, 2017)
The City of Los Banos may consider effective precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate maximum applied water allowance: MAWA = (ETo - Eppt)(0.62)[(0.55 x LA) + (0.45 x SLA)] for residential areas. MAWA = (ETo - Eppt)(0.62)[(0.45 x LA) + (0.55 x SLA)] for non-residential areas.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
The City of Los Banos shall report on implementation and enforcement by December 31, 2015. Subsequently, reporting will be due by January 31st of each year. Reports should be submitted as follows.
(b) 
The City of Los Banos is 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 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.
(§ 1, Ord. 1156, eff. July 7, 2017)
Landscape and irrigation plan review and inspection fees shall be paid to the City Public Works Department when landscape and irrigation plans are submitted. The amount of the fee shall be established by City Council resolution as recommended by the Planning Commission.
(§ 1, Ord. 1156, eff. July 7, 2017)
Upon installation of landscaping and irrigation systems, the installer must contact the Public Works Department to request an inspection for compliance with the approved plans before a certificate of occupancy will be issued by the Public Works Department.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
It is unlawful to violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
(b) 
In addition to any other remedy or penalty set forth in this chapter or this Code, administrative penalties may be imposed pursuant to applicable provisions of Chapter 11 Title 4 of this Code against any responsible party, in violation of any of the provisions of this chapter. Imposition, enforcement, collection and administrative review of administrative penalties imposed shall be conducted pursuant to Chapter 11 Title 4 of this Code.
(c) 
Remedies under this chapter are in addition to, and do not supersede or limit, any and all other remedies, civil (including, but not limited to, an equitable action for injunctive relief or an action at law for damages) or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(§ 1, Ord. 1156, eff. July 7, 2017)
(a) 
Except where an appeals or hearing procedure is otherwise set forth in this chapter, the applicant or any affected person of a final decision or action by City staff concerning a permit, application, or approval may be appealed by filing a written notice of appeal with the City Clerk, setting forth the specific grounds thereof.
(b) 
Notice of such appeal shall be filed with the City Clerk within 14 calendar days after the date written notice of such action appealed from was mailed or personally delivered to the appellant.
(c) 
The City Clerk shall forthwith set a date for hearing before City Manager or City Manager's designee and shall give the appellant at least five calendar days' notice of the time and place of said hearing.
(d) 
At such hearing the appellant shall show cause on the grounds specified in the notice of appeal why the action excepted to should not be approved. The City Manager or City Manager's designee, may continue the hearing from time to time. The findings on the appeal shall be final and conclusive in the matter.
(§ 1, Ord. 1156, eff. July 7, 2017)