A.
The
purpose of this chapter is to establish landscaping water use standards
consistent with the development landscape design requirements established
by the Water Conservation in Landscaping Act (the "California Landscaping
Act"), Government Code Section 65591 et seq. In that legislation,
the State Legislature determined that the state's water resources
are in limited supply and recognized that while landscaping is essential
to the quality of life in California, landscape design, installation,
maintenance and management must be water efficient. Consistent with
the legislature's findings, this chapter:
1.
Promotes
the values and benefits of landscapes while recognizing the need to
utilize water and other resources as efficiently as possible;
2.
Establishes
a structure for planning, designing, installing, maintaining and managing
water efficient landscapes in new construction;
3.
Promotes
the use, when available, of tertiary treated recycled water to irrigate
landscaping;
4.
Provides
regulations that are at least as effective in conserving water as
the state's Model Water Efficient Landscape Ordinance (MWELO);
5.
Encourages
water users of existing landscapes to use water efficiently and eliminate
waste;
6.
Provides
minimum planting requirements to ensure new landscape has sufficient
plant materials in order reduce gas emissions and heat island effect,
create shady and pleasant outdoor spaces, and beautify the city;
7.
Encourages
edible plants and enhances community agriculture.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
This chapter implements the Efficiency Regulations in Landscaping
Act. The requirements of this chapter reduce water use associated
with irrigation of outdoor landscaping by designing, installing and
maintaining water efficient landscapes consistent with the water allowance.
The provisions of this chapter are equivalent to and at least as effective
as the provisions of the state Model Landscape Ordinance because the
calculation of maximum applied water allowance.
The requirements herein are intended to reduce water usage in
Lemon Grove to the same extent as the Model Landscape Ordinance prepared
by the state of California. In implementing this law, the city shall
endeavor to apply the law in a manner, which will result in long-term
water savings to the citizens of the state as required, by law. The
water savings shall be achieved through permanent landscape rules
using irrigation management, greater use of drought-tolerant plantings
and improved design criteria.
In adopting this chapter, the city council finds and determines
that this chapter will be as effective as the state Model Landscape
Ordinance. The threshold regulations are based on those in the state
Model Landscape Ordinance.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
The following definitions shall apply to this chapter:
means an automatic timing device used to remotely control
valves that operate an irrigation system. Automatic irrigation controllers
shall schedule irrigation events using either evapotranspiration (ETo)
(weather-based) or moisture sensor data.
means a set of materials, established by the director, filed
by an applicant to officially request a permit subject to this title,
or other titles as may be appropriate.
means a permit to engage in a certain type of construction
on a specific location.
means the safe and stable product of controlled biologic
decomposition of organic materials that is beneficial to plant growth.
means a person who seeks or receives permits for or who undertakes
land development activities who is not a single-family homeowner.
Developer includes a developer's partner, associate, employee, consultant,
trustee, or agent.
means the community development director or anyone whom the
director has designated or hired to administer or enforce this chapter.
means any permit requiring a decision making body to exercise
judgment prior to its approval, conditional approval or denial.
means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time
period.
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. Graywater
is not "recycled water."
means any excavating or filling or combination thereof.
means any durable surface material, pervious or nonpervious.
means landscaping for a single-family residence installed
either by a private individual or a licensed contractor.
means species of plants not historically found in California
that spread outside cultivated areas and may damage environmental
or economic resources.
means an area with outdoor plants, turf, other vegetation,
and natural no water use ground cover such as crushed rock and wood
trimmings. A landscaped area includes a water feature either in an
area with vegetation or that stands alone. A landscaped area may also
include design features adjacent to an area with vegetation. A landscaped
area does not include the footprint of a building, decks, patio, sidewalk,
driveway, parking lot or other hardscape. A landscaped area also does
not include an area without irrigation designated for nondevelopment
such as designated open space or area with existing native vegetation.
means those supplemental landscape-specific attachments required by Section 18.44.070 to be submitted as part of an application package, as required elsewhere in the Municipal Code.
means a sprinkler head or other irrigation device that continues
to emit water after the water to the zone in which the device is located
has shut off.
means the application of irrigation water at low pressure
through a system of tubing or lateral lines and low volume emitters
such as drip lines or bubblers.
means an organic material such as leaves, bark, straw or
inorganic mineral materials such as rocks, gravel or decomposed granite
left loose and applied to the soil surface to reduce evaporation,
suppress weeds, moderate soil temperature, or prevent soil erosion.
means the water from irrigation that is delivered outside
an area targeted for the irrigation and makes contact with a surface
not intended to be irrigated.
means any surface or material that allows the passage of
water through the material and into underlying soil.
means a public utility, municipal water district, municipal
irrigation district, or municipality that delivers water to customers.
means waste water that has been treated at the highest level
required by the California Department of Health Services for water
not intended for human consumption.
means water that is not absorbed by the soil or landscape
to which it is applied and flows from the landscaped area.
means an irrigation device with a delivery line and water
emitters installed below the soil surface that slowly and frequently
emit small amounts of water into the soil to irrigate plant roots.
means water that has been through three levels of treatment
including filtration and disinfection.
means a groundcover surface of mowed grass.
means a design element where open water performs an aesthetic
or recreational function. A water feature includes a pond, lake, waterfall,
fountain, artificial streams, spa and swimming pool. Constructed water
containment elements used for on-site wastewater treatment or stormwater
best management practices are not water features.
means WUCOLS Region Number 4 (South Inland) of the Water
Use Classification of Landscape Species published by the University
of California Cooperative Extension and the Department of Water Resources
2014, as amended.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
This
chapter shall apply to all new and renovated landscape areas.
B.
This
chapter shall not apply to the following:
1.
A
registered local, state, or federal historical site.
2.
An
ecological restoration project that does not require a permanent irrigation
system.
3.
A
mined land reclamation project that does not require a permanent irrigation
system.
4.
A
botanical garden or arboretum, open to the public.
5.
Any
single-family residence that is being rebuilt after it was destroyed
due to a natural disaster, such as a fire, earthquake, hurricane,
or tornado.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
No
person shall install landscaping for a project subject to this chapter
without the review and approval required by this chapter.
B.
A person
constructing a project subject to the requirements of this chapter
shall obtain approval for the landscaped area as follows:
1.
A
person applying for a building permit for a new single-family residence
shall obtain an approval of the landscaping as part of the permitting
process.
2.
A person applying for a discretionary permit described in Section 18.44.040:
a.
Shall submit a landscape concept plan required by the discretionary permit application package and which demonstrates conformance to Title 17 and this chapter. The concept plan shall include representation of the site features, proposed planting areas and the proposed method and type of irrigation.
b.
Shall obtain approval for landscaping as part of the permitting process
for each building permit for each project segment that requires installation
of a water meter or connection to an existing water meter.
c.
May use "typical" plans for developer-installed landscaping for new
single-family homes.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
The director shall administer and enforce this chapter.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
Applications for projects subject to Section 18.44.040 shall include a landscape documentation package that complies with the provisions of this chapter. The landscape documentation package shall contain the following elements:
1.
Planting
and irrigation plans that describe the landscaping (size, type, water
use classification, and location) and irrigation (type and location)
for the project.
3.
When
a project involves grading of a site, the applicant shall submit a
soil management report that provides the analysis of the soil within
each landscaped area of the project and makes recommendations regarding
soil additives.
B.
The
landscape documentation package shall demonstrate conformance to Lemon
Grove Municipal Code Chapter 17 and the following minimum design standards:
1.
Slopes
greater than twenty-five percent shall be irrigated with an irrigation
system with a precipitation rate of 0.75 inches per hour or less to
prevent runoff and erosion. An applicant may employ an alternative
design if the plan demonstrates that no runoff or erosion will occur.
2.
All
wiring and piping under a paved area that a vehicle may use, such
as a parking area, driveway or roadway, shall be installed inside
a PVC conduit.
3.
Irrigation
piping and irrigation devices within twenty-four inches of a vehicle
or pedestrian use area and that deliver water, such as sprinkler heads,
shall be installed below grade. The director may allow on-grade piping
where landform constraints make below grade piping infeasible.
4.
Low
volume or subsurface irrigation shall be used to irrigate any vegetation
within twenty-four inches of an impermeable surface unless the adjacent
impermeable surfaces are designed and constructed to cause water to
drain entirely into a landscaped area.
5.
A
manual shutoff valve shall be installed as close as possible to the
water supply. Additional manual shutoff valves shall be installed
between each zone of the irrigation system and the water supply.
6.
Minimum
plantings per landscape area are required as follows:
a.
Landscape areas may consist of very low and low water use plant materials
per WUCOLS.
b.
Landscape areas consisting of moderate and high water use plant materials
per WUCOLS shall not exceed a ratio of one part planting area (one-third)
per two parts of no water use natural nonvegetated ground cover (two-thirds).
Alternative landscapes not in compliance with this regulation are
allowed provided they comply fully with the state MWELO.
c.
A minimum of twenty-five percent of the landscape area shall consist
of vegetated plant materials.
d.
A minimum of one fifteen-gallon tree shall be provided per one thousand
square feet of landscape area (existing trees included).
e.
A minimum of one hundred square feet of edible planting area or one
fifteen-gallon fruit or nut tree shall be planted for each dwelling
unit, but for no more than five dwelling units on a single lot.
7.
Nonvegetated
natural ground cover shall be a minimum of three inches deep and shall
be one inch below surrounding paved surfaces.
8.
New
irrigations systems shall include an automatic irrigation controller
and consist of drip or microspray systems.
9.
High-efficiency,
matched-precipitation rate sprinkler nozzles shall be required at
all homes (residential landscapes), common areas, parks, and commercial/industrial
landscapes.
10.
Dedicated meters for outdoor water use shall be required as follows:
11.
Enroll all new irrigation meters (except those at single-family residences)
in the Helix Water Budget Program and provide documentation of irrigated
landscape area at the time of meter purchase.
12.
New impervious surfaces shall direct storm water drainage to landscape
areas.
13.
Pervious and porous surfaces that minimize runoff shall be encouraged.
14.
New roofs shall be encouraged to direct storm water to landscape
areas or to water capture and reuse containers.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
A person
who obtains a permit for a project that is subject to this chapter
shall use recycled water for irrigation when tertiary treated recycled
water is available from the water purveyor who supplies water to the
property for which the city issues a permit.
B.
A person
using recycled water shall install a dual distribution system for
water received from a public water purveyor. Pipes carrying recycled
water shall be purple.
C.
This
section does not excuse a person using recycled water from complying
with all state and local laws and regulations related to recycled
water use.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
A person
who obtains a permit for a residential project that is subject to
this chapter may use gray-water for subsurface irrigation provided
the installation and operation of the graywater system conforms to
all applicable state and local laws and regulations.
B.
A person
using a graywater irrigation system shall design and construct the
system consistent with the California Plumbing Code.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A person issued a landscape approval for a project shall install
the approved irrigation system and landscaping before final inspection
of the project. A pre-inspection prior to installation is required
to inspect: (1) the irrigation, root barrier, ground cover, and planting
excavations; (2) the compost and soil materials prior to blending;
and (3) the irrigation, root barrier, ground cover, and planting materials.
A final inspection is required after installation to inspect: (1)
irrigation locations, types and flows; (2) planting locations, types
and sizes; (3) ground cover depth; and (4) root barrier and tree staking
installations. Installations shall be per San Diego Regional Standard
Drawings and the following:
A.
Holes
for plantings shall be excavated slightly shallower and a minimum
of two times the width of the root ball or container. Set the root
ball so that the top of the root ball will sit slightly higher than
the final grade.
B.
Uniformly
blend compost and excavated soil at a ratio of one part compost (one-third)
per two parts soil (two-thirds).
C.
Backfill
and firm the compost-soil blend around the root ball within the planting
hole.
D.
Turf
and shallow planting areas shall include compost at a minimum depth
of one inch and the area shall be tilled to a minimum five inches
in depth.
E.
Water
thoroughly during and after planting.
F.
Best
management practices shall be implemented at all times.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
After approval of a landscape and irrigation plan, the owner
is required to:
A.
Maintain
and operate the landscaping and irrigation system on the property.
B.
Replace
broken or malfunctioning irrigation system components with components
of the same materials and specifications, their equivalent or better.
C.
Ensure
that when vegetation is replaced, replacement plantings are consistent
with regulations in this chapter.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
Each person issued a landscape approval shall submit a signed
certificate of completion, under penalty of perjury, on a form provided
by the city.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
No
person shall allow water to flow onto adjacent property, nonirrigated
areas, structures, walkways, roadways, or other paved areas, whether
due to runoff, low head drainage, overspray, or other similar condition.
B.
No
person whose landscape is subject to a landscape approval pursuant
to this chapter shall apply water to the landscape in excess of the
maximum applied water allowance (MAWA) established by the state MWELO
which is estimated at fourteen gallons of water annually per square
foot of landscape area.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
A.
Reporting
on the implementation and enforcement of this chapter shall be submitted
to the Department of Water Resources by January 31st of each year.
The report shall address the following:
1.
State
this is a single agency ordinance using a locally modified water efficient
landscape ordinance (WELO) which is as effective in conserving water
as the state MWELO and applicable to all new and renovated landscape
areas. Note the date of adoption of the WELO.
2.
Define
the reporting period as for the calendar year.
3.
State
that the city of Lemon Grove is the entity responsible for implementing
the ordinance.
4.
State
the total area (in square feet) subject to the ordinance over the
reporting period, if available.
5.
Provide
the number of new housing starts, new commercial projects, and landscape
retrofits during the reporting period.
6.
Describe
the procedure for review of projects subject to the ordinance.
7.
Describe
actions taken to verify compliance.
8.
Describe
enforcement measures.
(Ord. 436 § 1, 2016)
A.
The
director shall administer and enforce the provisions of this chapter.
Any city authorized personnel or enforcement officer may exercise
any enforcement powers as set forth in the Lemon Grove Municipal Code.
B.
The
director may delegate to or enter into a contract with a local agency
or other person to implement and administer any of the provisions
of this chapter on behalf of the city.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
The city council shall establish and modify, by resolution,
a schedule of fees and deposits for matters subject to this title.
All applicable fees and deposits shall be paid in full prior to processing
any application, appeal, or other matter for which a fee is required.
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
Any applicant or other interested person who is dissatisfied with the denial, approval, conditional approval, or other landscape approval decision made in the administration of this title may appeal the decision. Appeals will be processed according to the procedures found in LGMC Section 17.28.020(I).
(Ord. 387 § 3, 2010; Ord. 436 § 1, 2016)
