(a)
The
purpose of this chapter is to establish standards for quality and
sustainability of landscaping and irrigation systems related to urban
runoff, water use efficiency, and landscape health and diversity.
The procedures established by this chapter will ensure that the City
continues to protect the natural environment and watershed, provide
clean air and water, prevent erosion, and offer fire protection while
maintaining aesthetics and community character. These requirements
are consistent with the goals, objectives, and policies of the City
General Plan.
(b)
The
provisions of this chapter are enacted to:
(1)
Protect and preserve water resources within the community in accordance
with the Conservation and Open Space Element of the City General Plan;
(2)
Comply with State-mandated water-efficient landscape standards which
require cities to adopt water-efficient landscape standards;
(3)
Ensure protection of water resources from excessive use of water
in commercial, industrial, public, and residential development;
(4)
Achieve visually pleasing landscape environments with the use of
native trees and plants;
(5)
Establish review procedures to evaluate reports, plans, and landscape
information pertaining to existing and proposed development projects;
(6)
Provide landscape design standards which achieve water conservation
while also contributing to an aesthetically enriched community landscape;
(7)
Establish a structure for planning, designing, installing, and maintaining
and managing water efficient landscapes in existing and new construction
and rehabilitated projects; and
(8)
Comply with Assembly Bill 1881 and all requirements set forth in
City, State and Federal Law, including those portions of the California
Plumbing Code applicable to irrigation systems.
(Ord. No. 1054, § 3, 2018)
The City Council shall, by resolution, adopt guidelines to implement
the provisions of this chapter. These guidelines shall be referred
to as the Water Efficient Landscape Guidelines or Guidelines.
(Ord. No. 1054, § 3, 2018)
(a)
This
chapter shall apply to the following projects, whether private or
public, as follows:
(1)
New projects. New landscape 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 shall be subject
to this chapter.
(2)
Rehabilitated projects. Rehabilitated landscape projects with an
aggregate landscaped area equal to or greater than 2,500 square feet,
requiring a building or landscape permit, plan check or design review
shall be subject to this chapter.
(3)
Projects using captured graywater or rainwater. 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 irrigation
systems requirement of the prescriptive compliance option provided
in the Guidelines.
(4)
Cemeteries. New and rehabilitated cemeteries subject to this chapter
need only to submit the water efficient landscape worksheet in the
landscape documentation package required in Section 8-19.040.
(b)
Prescriptive
compliance option. Any project with an aggregate landscape area of
2,500 square feet or less may comply with the performance requirements
of this chapter or conform to the prescriptive compliance option provided
in the Guidelines.
(c)
Exemptions.
The requirements of this chapter do not apply to the following projects
or sites:
(1)
Registered local, State or Federal historical sites.
(2)
Orchards located within General Plan-designated open space and/or
agribusiness lands.
(3)
Agricultural lands as determined by the Development Services Director.
(4)
Habitat restoration projects that do not require a permanent irrigation
system.
(5)
Plant collections, as part of botanical gardens and arboretums open
to the public.
(6)
Fuel modification zones as determined by the Orange County Fire Authority
(OCFA).
(7)
Projects proposing non-drought-tolerant turf or grass for use as
ball fields, football fields, soccer fields, golf courses, including,
but not limited to, any other sport field may be granted an exemption
by the final decision-making body.
(8)
Public right-of-way capital improvement projects (CIP) that use only
drought tolerant plants for the entire landscape.
(Ord. No. 1054, § 3, 2018)
(a)
Landscape
permit. Projects subject to this chapter require a landscape permit.
(b)
Landscape
documentation package. The application shall include a landscape documentation
package, which shall consist of the following materials and information
as required by this chapter and the Guidelines:
(1)
Applicant and project information, which includes:
(A)
The applicant’s signature and date with the statement, “I
agree to comply with the requirements of the San Juan Capistrano Water
Efficient Landscape Ordinance,” or
(B)
For prescriptive compliance, the applicant’s signature and
date with the statement, “I agree to comply with the requirements
of the prescriptive compliance option to the San Juan Capistrano Water
Efficient Landscape Ordinance;”
(2)
Water efficient landscape worksheet;
(3)
Soil management report;
(A)
The soil management report shall make recommendations that, in conjunction
with what is appropriate for the plants selected in the landscape
design plan, shall be incorporated into soil amendments. The soil
management report shall be prepared in the manner specified by Section
492.5 of the Model Water Efficient Landscape Ordinance, Title 23,
Division 2, Chapter 2.7 of the California Code of Regulations as amended
September 15, 2015.
(4)
Compost and mulch use requirements that comply with the following:
(A)
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 6%
organic matter in the top six inches of soil are exempt from adding
compost and tilling.
(B)
A minimum three inch layer of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas, creeping or
rooting groundcovers, or direct seeding applications where mulch is
contraindicated. To provide habitat for beneficial insects and other
wildlife, up to 5% of the landscape area may be left without mulch.
Designated insect habitat must be included in the landscape design
plan as such.
(C)
Organic mulch materials made from recycled or post-consumer materials
shall take precedence over inorganic materials or virgin forest products
unless the recycled post-consumer organic products are not locally
available. Organic mulches are not required where prohibited by local
fuel modification plan guidelines or other applicable local ordinances.
(5)
Landscape design plan;
(6)
Irrigation design plan;
(7)
Grading design plan; and
(8)
Certification by a professional appropriately licensed by the State
of California stating that the landscape design and water use calculations
have been prepared by or under the supervision of the licensed professional
and are certified to comply with this chapter and the Guidelines.
(c)
Filing.
(1)
Form. The Development Services Director shall prescribe the form
of application and the supporting information required to initiate
the landscape permit application review.
(2)
Filing. An application for a landscape permit shall be filed with
the Development Services Department, along with the required fee as
established by resolution of the City Council.
(3)
Completeness. Once the application and fee is received, by the Development
Services Department, the application will be reviewed, for completeness.
If the application is found to be incomplete, the Development Services
Department will notify the applicant in writing within 30 calendar
days what additional information is required, and the application
will not be processed until that information is received by the Development
Services Department.
(4)
Local water purveyor. Water use calculations shall be provided to
the local water purveyor, as appropriate, under procedures determined
by the City.
(d)
Review.
The review authority for a landscape permit is the Development Services
Director or designee. The Development Services Director may refer
the landscape permit to the City’s Design Review Committee.
(Ord. No. 1054, § 3, 2018)
For projects subject to this chapter:
(a)
The
estimated total water use (ETWU) allowed for the landscaped area shall
not exceed the maximum applied water allowance (MAWA), calculated
based on an evapotranspiration adjustment factor (ETAF) to not exceed
a factor of:
(b)
The
design of the landscaped area is otherwise shown to be equivalently
water-efficient in a manner acceptable to the City.
(Ord. No. 1054 § 3, 2018)
(a)
Irrigation
of all landscaped areas shall be conducted in a manner conforming
to the rules and requirements and shall be subject to penalties and
incentives for water conservation and water waste prevention, as determined
and implemented by the local water purveyor and as may be mutually
agreed by the City.
(b)
The
City and/or the regional or local water purveyor may administer programs
such as irrigation water use analyses, irrigation surveys and/or irrigation
audits, tiered water rate structures, water budgeting by parcel, or
other approaches to achieve landscape water use efficiency communitywide
to a level equivalent to or less than would be achieved by applying
a MAWA calculated with an ETAF of 0.8 to all landscaped areas in the
City over one acre in size.
(c)
The
architectural guidelines of a common interest development, including
apartments, 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, nor require turf if landscapes
are rehabilitated.
(Ord. No. 1054 § 3, 2018)
Verification of compliance of the landscape installation with
the approved plans shall be obtained through a certificate of completion,
as provided in the Guidelines.
(Ord. No. 1054 § 3, 2018)
The City may delegate to, or enter into a contract with another
local agency to implement, administer, and/or enforce any of the provisions
of this chapter on behalf of the City.
(Ord. No. 1054 § 3, 2018)
For the purpose of this chapter, unless otherwise apparent from
the context, certain words and phrases used in this chapter are defined
as follows:
shall mean the portion of water supplied by the irrigation
system to the landscape. “Backflow prevention device”
shall mean the safety device used to prevent pollution or contamination
of the water supply due to the reverse flow of water from the irrigation
system.
shall mean the document required under Section 9-3.527(1).
shall mean the 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
WaterSense Irrigation Designer Certification Program and Irrigation
Association’s Certified Irrigation Designer Program.
shall mean the 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. The City shall maintain a list of auditors approved
to perform audits for the purposes outlined in this chapter.
shall mean the 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.
shall mean the community apartment projects, condominium
projects, planned developments, and stock cooperatives per Civil Code
Section 1351.
shall mean the safe and stable product of controlled biologic
decompression of organic materials that is beneficial to plant growth.
shall mean the timing device used to remotely control valves
to operate an irrigation system. A weather-based controller is a controller
that uses evapotranspiration or weather data to determine when to
irrigate. A self-adjusting irrigation controller is a controller that
uses sensor data (i.e., soil moisture sensor).
shall mean the number that converts the maximum applied water
allowance from acre-inches per acre per year to gallons per square
foot per year.
shall mean the measure of uniformity of irrigation water
over a defined area. “Drip irrigation” shall mean any
non-spray low volume irrigation system utilizing emission devices
with a flow rate equal to or less than two gallons per hour.
shall mean the project where the site is intentionally altered
to establish a defined, indigenous, historic ecosystem.
shall mean the portion of total precipitation that is used
by the plants.
shall mean the drip irrigation emission device that delivers
water slowly from the system to the soil.
shall mean the point at which plants in the landscape have
developed significant root growth into the site. Typically, most plants
are established after one or two years of growth.
shall mean the first year after installing the plant in the
landscape or the first two years if irrigation will be terminated
after establishment. Native habitat areas and trees may need three
to five years for establishment.
shall mean the total water used for the landscape as described
herein; the estimated total water use shall be calculated using the
equation that is found in the Water Efficient Landscape Guidelines.
Estimated total water use shall not exceed MAWA. The sum of the estimated
total water use calculations for all hydrozones shall not exceed MAWA.
shall mean the factor of 0.55 for residential areas and 0.45
for nonresidential areas, that, when applied to reference evapotranspiration
rate, 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 (nonrehabilitated) special
landscape areas shall not exceed 1.0. The ETAF for existing, nonrehabilitated
landscapes is 0.8.
shall mean the quantity of water evaporated from adjacent
soil and other surfaces and transpired by plants during a specified
time.
shall mean 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.
shall mean 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.
shall mean 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.
shall mean guidelines from a local fire authority to assist
residents and businesses that are developing land or building structures
in a fire hazard severity zone.
shall mean 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. (California
Health and Safety Code Section 17922.12.)
shall mean any durable material (pervious and nonpervious).
shall mean the portion of the landscaped area having plants
with similar water needs and rooting depth. A hydrozone may be irrigated
or nonirrigated and may be watered by one or more valves, but a valve
may not control more than one hydrozone.
shall mean the rate of water entry into the soil expressed
as a depth of water per unit of time (e.g., inches per hour).
shall mean the species of plants that have a tendency to
colonize open spaces, riparian corridors and other sensitive habitats.
Invasive species can out compete native species and disrupt natural
ecosystem processes. Invasive species may also be regulated by County
agricultural agencies.
shall mean the 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. A written document shall
be included with final submission. 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.
shall mean 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 chapter are 0.75 for overhead spray devices and 0.81 for drip
systems.
shall mean the analysis of water use data based on meter
readings and billing data.
shall mean the person who holds a license to practice landscape
architecture in the State of California (Government Code, Business
and Professions Code Section 5815).
shall mean 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 nonpervious hardscapes,
and other nonirrigated areas designated for nondevelopment (e.g.,
open spaces and existing native vegetation).
shall mean the person licensed (with a valid C-27 license)
by the State of California to construct, maintain, repair, install,
or subcontract the development of landscape systems.
shall mean the documents required per this chapter.
shall mean the certificate included in the Guidelines that
must be submitted to the City pursuant to this chapter.
shall mean 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.
shall mean the water delivery pipeline that supplies water
to the emitters or sprinklers from the valve.
shall mean the City of San Juan Capistrano.
shall mean the entity, including a public agency, city, county
or private water company that provides retail water service.
shall mean 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.
shall mean the pressurized pipeline that delivers water from
the water source to the valve or outlet.
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.
shall mean the upper limit of annual applied water for the
established landscaped area as specified in Section 8-19.050(b)(4).
It is based upon the area’s reference evapotranspiration, the
ET adjustment factor, and the size of the landscaped 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.
is an area between opposing lanes of traffic that may be
unplanted or planted with trees, shrubs, perennials, and ornamental
grasses.
shall mean 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.
shall mean any organic material such as leaves, bark, straw
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.
shall mean 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.
shall mean the new building with a landscape or other new
landscape.
shall mean the pressure at which the parts of an irrigation
system are designed by the manufacturer to operate.
shall mean those systems that deliver water through the air
(e.g., spray heads and rotors).
shall mean the irrigation water which is delivered beyond
the landscaped target area. “Parkway” shall mean the area
between a sidewalk and the curb or traffic lane. It may be planted
or unplanted, and with or without pedestrian egress.
shall mean the surface or material that allows the passage
of water through the material and into the underlying soil.
shall mean the authorizing document issued by local agencies
for new construction or rehabilitated landscapes.
shall mean 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
average plant factor of low water using plants ranges from 0.1 to
0.3, for average water using plants the range is 0.4 to 0.6, and for
high water using plants the range 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 horticulture researches from academic institutions
or professional associations as approved by the California Department
of Water Resources.
shall mean the individual or entity submitting a landscape
documentation package required per this chapter, to request a permit,
plan check or design review. A project applicant may be the property
owner or designee.
shall mean the component which automatically suspends an
irrigation event when it rains.
shall mean the 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.
shall mean, excluding private single-family residential areas,
the areas designated for active play, recreation or public assembly
in parks, sports fields, picnic grounds, amphitheaters, or golf course
tees, fairways, roughs, surrounds, and greens.
shall mean the treated or recycled waste water of a quality
suitable for nonpotable uses such as landscape irrigation and water
features. This water is not intended for human consumption.
shall mean the standard measurement of environmental parameters
which affect the water use of plants. ETo is given expressed in inches
per day, month, or year as represented in this chapter, and is an
estimate of the evapotranspiration of a large field of four inch 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.
shall mean any re-landscaping project that requires a permit,
plan check, or design review, meets the requirements of this chapter
and where the modifications occur within 12 months and the total modified
landscape area is greater than 2,500 square feet. Phasing the construction
of such projects to avoid complying with this chapter shall not be
permitted.
shall mean landscapes surrounding single-family homes or
multifamily homes. “Runoff” shall mean the 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.
shall mean the device that measures the amount of water in
the soil. The device may also suspend or initiate an irrigation event.
shall mean the classification of soil based on its percentage
of sand, silt, and clay.
shall mean the area of the landscape dedicated solely to
edible plants, recreational areas, areas irrigated with recycled water,
or water features using recycled water.
shall mean the device which delivers water through a nozzle.
shall mean the pipeline or municipal water supply pressure
when water is not flowing.
shall mean the area served by one valve or by a set of valves
that operate simultaneously. “Submeter” shall mean a metering
device to measure water applied to the landscape that is installed
after the primary utility water meter.
shall mean the 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.
shall mean the ground cover surface of mowed grass. Annual
bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and
Tail fescue are cool-season grasses. Bermuda grass, Kikuyu grass,
Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo
grass are warm-season grasses.
shall mean the device used to control the flow of water in
the irrigation system.
shall mean the plant species identified as having a very
low or low plant factor.
shall mean the 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.
shall mean the time of day irrigation is allowed.
shall mean the Water Use Classification of Landscape Species
published by the University of California Cooperative Extension and
the Department of Water Resources, 2014.
(Ord. No. 1054 § 3, 2018)
