Jackson City Council Agenda
Monday, April 25, 2022 - 7:00 PM Regular Meeting
Public Teleconference Line: 1-650-419-1505
Meeting ID: Meeting ID: 321257117
Please join using this link: https://v.ringcentral.com/join/321257117 NOTE: In person public attendance is optional, however there is limited seating due to following the social distancing guidelines. You may participate electronically via Zoom Conferencing. Participants will be muted upon entry. Should you wish to speak upon Public Comment, please “Raise your Hand”, you will be unmuted one at a time and asked to state your name.
1. APPROVAL OF AGENDA.
Approval of agenda for this date; any and all off-agenda items must be approved by the City Council (pursuant to §54954.2 of the Government Code).
2. REMOTE MEETING FINDINGS.
Approve findings for remote meetings under AB 361 that social distancing is recommended by state and local health officials and that meeting in person presents imminent risks to the health and safety of attendees.
3. PUBLIC MATTERS NOT ON THE AGENDA.
Discussion items only, no action will be taken. Any person may address the Council at this time on any subject within the jurisdiction of the City Council. Please note – there is a three (3) minute limit.
4. CONSENT CALENDAR.
Items listed on the consent calendar are considered routine and may be enacted by one motion. Any item may be removed for discussion at the request of a Council member. a. Approval of Expenditure Report in the amount of $198,235.40. b. Receive Treasurer’s Report for February 2022.
c. Receive Quarterly Engineering Periodical Report (Jan-Mar 2022).
5. ADMINISTRATIVE REPORTS.
This section is to provide staff an opportunity to present oral status reports on issues. No legal action is expected to be taken by the Council.
6. COUNCIL REPORTS.
This section is to provide Council members an opportunity to present reports on their activities and to request items be placed on future agendas.
Jackson City Council Agenda Monday, April 25, 2022
2 7. DISCUSSION CALENDAR.
a. Introduction and first reading of Ordinance No. 724 Adopting Police Department Policy No. 706 Military Equipment Policy in accordance with Assembly Bill 481. [Recommendation: Waive first reading].
b. Introduction and first reading of Ordinance No. 725 Amending Jackson Municipal Code Section
17.40 Landscape Standards to Adopt the State of California’s Model Water Efficient Landscaping Ordinance. [Recommendation: waive first reading].
8. REGULAR MEETING ADJOURNMENT.
Regular meeting adjournment.
9. CLOSED SESSION.
10. CLOSED SESSION ADJOURNMENT.
UPCOMING MEETINGS:
May 9, 2022 ............. 7:00 pm Council Meeting
May 11, 2022 ......... 10:00 am Cemetery Committee Meeting May 16, 2022 ........... 6:30 pm Planning Commission Meeting (TBD) May 23, 2022 ........... 7:00 pm Council Meeting
UPCOMING CLOSURE DATES FOR CITY OFFICES:
May 30, 2022 Memorial Day
Posted: City Hall, 33 Broadway, Jackson
Agenda materials will be available for review (pursuant to §54957.5 Government Code Section) in the City Clerk’s office in City Hall.
In compliance with the Americans with Disabilities Act (ADA), if you need special assistance to participate in this meeting, you should contact the Office of the City Clerk at (209) 223-1646 (voice) or (209) 223-3141 (fax). Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.
Visit our website at http://ci.jackson.ca.us
for copies of previous agendas, minutes and City budget.
Item 4a Expenditure Report
Item 4b Treasurer's Report - February 2022
1 Item 4c Quarterly Engineering Periodical Report (Jan-Mar 2022)
2
City of Jackson
Council Meeting Memorandum
Monday, April 25, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Chris Mynderup, Police Chief
Josh Nelson, City Attorney
Date: April 25, 2022
Subject: AB 481 Military Equipment Policy and Ordinance
RECOMMENDATION
Introduce Ordinance No. 724 and Waive First Reading of Ordinance Adopting a Military Use Equipment Policy Pursuant to Assembly Bill 481 (“AB 481”).
BACKGROUND AND DISCUSSION
AB 481 was enacted to increase transparency, accountability, and oversight surrounding the use and acquisition of military equipment by state and local law enforcement. It requires law enforcement agencies to obtain approval from the legislative bodies that oversee them before purchasing, raising funds for, or acquiring military equipment, by any means. Law enforcement agencies are also required to obtain approval by their legislative bodies before collaborating with another law enforcement agency in the deployment or use of military equipment within the law enforcement agencies jurisdiction, or before using any new or existing military equipment not previously approved.
Under AB 481, a governing body approval must take the form of an ordinance adopting a publicly released, written military equipment use policy, which must address a number of specific topics, including the type, quantity, capabilities, purposes, and authorized uses of each type of military equipment, the fiscal impact of their acquisition and use, the legal and procedural rules that govern their use, the training required by any officer allowed to use them, the mechanisms in place to ensure policy compliance, and the procedures by which the public may register complaints. The governing body must consider a proposed military equipment use policy in open session and may only approve a military equipment use policy if it makes various specific findings regarding the necessity of the military equipment and the lack of reasonable alternatives.
AB 481 also requires any law enforcement agency that receives approval for the use of military equipment to submit annual reports to the governing body regarding the use of the equipment, any complaints received, any internal audits or other information about violations of the military equipment use policy, the cost of such use, and other similar information.
Item 7a AB 481 Military Equipment Policy and Ordinance
In order to de-escalate violent and tense situations at times special equipment, tools or resources may be necessary to reduce the possibility of harm to community members, individuals directly involved in the incident and officers and increase the likelihood of a positive outcome. Military equipment, as that term is defined by statute, includes, but is not limited to, unmanned aerial (i.e., drones) or ground vehicles, bulletproof vehicles, pepper balls, less lethal 40mm projectile launchers and distraction devices. These tools have been tested in the field and are used to help enhance citizen safety, officer safety and reduce the need for escalation of force. They are commonly utilized by law enforcement and their use is considered best practices. The Colton Police Department (“Department”) has not discovered other reasonable alternatives for these tools that can achieve the same objectives of community member safety and officer safety as these tools are capable of doing.
The Department is committed to utilizing equipment that helps to safeguard the community and reduce the risk of escalating volatile situations that might rise to the level of a lethal encounter.
The proposed Ordinance No. 724 and associated AB 481 Policy provide for safeguards to the public’s safety, welfare, and civil rights and ensure transparency, oversight, and accountability measures are in place. For example, the Department will be required to conduct annual audits of the equipment to ensure compliance with the policy, annually report to City Council the use of this equipment, seek approval prior to additional military equipment.
ATTACHMENTS:
1. Proposed Ordinance No. 724
2. Exhibit – AB 481 Policy (Police Department Policy #706)
Ordinance No. 724
Adopting Police Department Policy No. 706 (Military Equipment Policy), in accordance with Assembly Bill 481
WHEREAS, on September 30, 2021, Governor Newsom signed into law Assembly Bill (“AB”) 481 to address the funding, acquisition, and use of military equipment, as that term is defined by Government Code section 7070(c); and
WHEREAS, AB 481 requires adoption of a military equipment policy (“Policy”) by the City Council before the Jackson Police Department (“Department”) may do the following: take action to request military equipment; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute; and
WHEREAS, in accordance with AB 481, the proposed Policy was made available on the website on the Department website at least thirty (30) days prior to the public hearing by the City Council to adopt the Policy; and
WHEREAS, in accordance with AB 481, the Policy is on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act; and
WHEREAS, this Ordinance shall be reviewed by the City Council at least annually and based on an annual military equipment report that will be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval.
The City Council of the City of Jackson does hereby ordain as follows:
SECTION 1: Recitals. The City Council hereby incorporates by reference the recitals of this Ordinance.
SECTION 2: Findings. Pursuant to Government Code section 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:
A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
Ordinance No. 724 Page 2
Adopting Police Department Policy No. 706
B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
C. If the Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
SECTION 3: Adoption of Military Equipment Policy. The City Council hereby adopts Policy No. [706], Military Equipment Policy, attached hereto as “Exhibit”.
SECTION 4: CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
SECTION 5: Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.
The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 6: Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law.
SECTION 7: Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Jackson this ____ day of _________, 2022, by the following vote:
Ordinance No. 724 Page 3
Adopting Police Department Policy No. 706
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Robert Stimpson, Mayor
ATTEST: APPROVED AS TO FORM:
John Georgette, City Clerk Joshua Nelson, City Attorney
Ordinance No. 724 Page 4
Adopting Police Department Policy No. 706
Exhibit
[PD Policy #706 /AB 481 Policy]
CITY OF JACKSON
MILITARY EQUIPMENT USE POLICY
706.1 PURPOSE AND SCOPE
The purpose of this policy (“Policy”) is to provide guidelines for the approval, acquisition, and reporting requirements of military equipment pursuant to Assembly Bill 481 (“AB 481”). (California Government Code section 7070, et seq.)
706.1.1 DEFINITIONS
Definitions related to this Policy include those provided in Government Code section 7070, in addition to the following:
Governing body – City of Jackson City Council (“City Council”).
Military equipment – Includes but is not limited to the following:
● Unmanned, remotely piloted, powered aerial or ground vehicles. ● Mine-resistant ambush-protected (“MRAP”) vehicles or armored personnel carriers. ● High mobility multipurpose wheeled vehicles (“HMMWV”), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. ● Tracked armored vehicles that provide ballistic protection to their occupants. ● Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units. ● Weaponized aircraft, vessels, or vehicles of any kind. ● Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.
● Firearms and ammunition of.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.
● Specialized firearms and ammunition of less than.50 caliber, including firearms and accessories identified as assault weapons in Penal Code section 30510 and Penal Code section 30515, with the exception of standard-issue handguns. ● Any firearm or firearm accessory that is designed to launch explosive projectiles. ● Noise-flash diversionary devices and explosive breaching tools. ● Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.
● TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices (“LRADs”).
● Kinetic energy weapons and munitions.
● Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the Policy of the City of Jackson that members of this Police Department (“Department”) comply with the provisions of AB 481 with respect to the funding, acquisition and use of military equipment.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates Sergeant Jose Arevalos to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
a. Acting as liaison to the City Council for matters related to the requirements of this Policy. b. Identifying Department equipment that qualifies as military equipment in the current possession of the Department and military equipment the Department intends to acquire. c. Conducting an inventory of all military equipment at least annually. d. Collaborating with any allied agency that may use military equipment within the jurisdiction of the Department.
e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:
1. Publicizing the details of the meeting; and
2. Preparing for public questions regarding the Department’s funding, acquisition, and use of military equipment.
f. Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the Department website. g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of military equipment, and how the Department will respond in a timely manner.
706.4 MILITARY EQUIPMENT INVENTORY
The list of qualifying equipment for the Department is attached to this Policy as Exhibit “A” and incorporated into the Policy by this reference.
706.5 APPROVAL
The Chief of Police, or authorized designee, shall obtain approval from City Council by way of an ordinance adopting the Policy. As part of the approval process, the Chief of Police or authorized designee shall ensure the proposed Policy is submitted to City Council and is available on the Department website at least thirty (30) days prior to any public hearing concerning the Policy. The Policy must be approved by City Council prior to engaging in any of the following:
a. Requesting military equipment made available pursuant to 10 USC § 2576(a). b. Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the Department’s jurisdiction. e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by this Policy.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
g. Acquiring military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by any member of this Department shall be approved for the use and in accordance with this Department Policy. Military equipment used by other jurisdictions that are providing mutual aid to the City of Jackson, or otherwise engaged in law enforcement operations in this City, shall comply with their respective military equipment use policies in rendering mutual aid or carrying out a law enforcement function related to a criminal matter under their investigation.
706.7 ANNUAL REPORT
Upon approval of this Policy, the Chief of Police or authorized designee should submit a military equipment report to City Council for each type of military equipment approved within one year of approval, and annually thereafter for as long as the military equipment is available for use.
The Chief of Police or the authorized designee should also make each annual military equipment report publicly available on the Department’s website for as long as the military equipment is available for use. The report shall include all information required by Government Code section 7072 for the preceding calendar year for each type of military equipment in Department inventory. “Type” of military equipment is defined to mean “each item that shares the same manufacturer model number.”
706.8 COMMUNITY ENGAGEMENT
Within thirty (30) days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of military equipment.
Exhibit “A”
Military Equipment Inventory
The following constitutes a list of qualifying equipment for the Department (A) Rifles: Firearms that are fired from shoulder level, having a long spirally grooved barrel intended to make bullets spin and thereby have greater accuracy over a long distance. (B) Ammunition 223/5.56mm: Ammunition used for the Colt M16A1 Rifle
1. Description, quantity, capabilities, and purchase cost (a) Colt M16A1 RIFLE, quantity 4, received from Law Enforcement Support Office (LESO) 1033 Program at no cost. Caliber .223/5.56MM. (b) Delaware Machinery RIFLE, quantity 3, received from Sierra Gun Works for $400.00 each. Caliber .223/5.56MM.
(c) Smith & Wesson M&9-15, quantity 2, received from Sierra Gun Works for $600.00 each. Caliber .223/5.56MM.
(d) Bushmaster XM15, quantity 1, received from Adamson Police Products for $800.00 each. Caliber .223/5.56MM.
(e) Colt Match Target, quantity 1, acquired through illegal possession at no cost. Caliber .223/5.56MM.
(f) DPMS A-15, quantity 1, acquired through illegal possession at no cost.
Caliber .223/5.56MM.
(g) Remington .223/5.56MM 55GR MC RIFLE ROUND, cost $62.40 per case of 200, quantity 5 cases. Remington .223/5.56MM ammunition features a lead core 55 Grain Full Metal Jacket bullet that is non-magnetic, non-corrosive, boxer primer and brass casing. (h) Remington .223/5.56MM 55GR PSP RIFLE ROUND, cost $69.70 per case of 200, quantity 3 cases. Remington .223/5.56MM ammunition features a lead core 55 Grain Jacketed Soft Point bullet that is non-magnetic, non-corrosive, boxer primer, and brass casing. (i) Speer .223/5.56MM 62GR GDSP RIFLE ROUND, cost $279.80 per case of 500, quantity 3 cases. Speer .223/5.56MM ammunition features a lead core 62 Grain Jacketed Soft Point bullet that is non-magnetic, non-corrosive, boxer primer, and nickel plated brass casing.
2. Purpose - To be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible.
3. Authorized Use - Only members that are POST certified are authorized to use a rifle.
4. Lifespan
(a) All Listed Rifles - no expiration.
(b) All Listed Ammunition - no expiration.
5. Fiscal Impact - Annual maintenance is approximately $10.00 for each rifle.
6. Legal and Policy Statutes Governing Authorized Use
(a) Jackson Police Department Policy Manual Section 302: Shooting Policy. 302.1 PURPOSE AND SCOPE:
The purpose of the shooting policy is to establish procedures for the use and reporting of incidents involving the discharge of firearms. This policy is for internal use only and does not increase the Department's and/or an officer's civil or criminal liability in any way.
Violations of this policy can only form the basis for departmental administrative actions. 302.1.1 POLICY:
It is the policy of this department to resort to the use of a firearm, when it reasonably appears to be necessary, and generally:
(a) An officer may use deadly force to protect himself/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury.
(b) An officer may use deadly force to effect the arrest or prevent the escape of a suspected felon when the officer has probable cause to believe that the suspect has committed or intends to commit a felony involving the inflicting or threatened inflicting of serious bodily injury or death and the officer reasonably believes that there is an imminent or future potential risk of serious bodily injury or death to others if the suspect is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force where feasible.
(c) To stop a dangerous animal.
1. Officers are authorized to use deadly force against an animal in circumstances where the animal reasonably appears to pose an imminent threat to human safety and alternative methods to neutralize the threat are not reasonably available or would likely be ineffective.
2. In circumstances in which officers have sufficient advance notice that a potentially dangerous domestic animal (e.g. dog) may be encountered, such as in the serving of a search warrant, officers should develop reasonable contingency plans for dealing with the animal without the use of deadly force (e.g. fire extinguisher, Taser, OC Spray, animal control officer). Nothing in this policy shall prohibit any officer from resorting to deadly force to control a dangerous animal if circumstances reasonably dictate that a contingency plan has failed or becomes impractical.
(d) With the approval of a supervisor, an officer may euthanize an animal that is so badly injured that human compassion requires its removal from further suffering and where other dispositions are impractical (Penal Code § 597.1(e)). Injured animals (with the exception of dogs and cats) may only be euthanized after a reasonable search to locate the owner has been made (Penal Code § 597.1(b)). Injured dogs and cats found without
their owners shall be taken to an appropriate veterinarian for determination of whether they should be treated or humanely destroyed. (e) For target practice at an approved range.
Where feasible, a warning should be given before an officer resorts to deadly force as outlined (a) and (b) above. A specific warning that deadly force will be used is not required by this policy; only that a warning be given if feasible. 302.1.2 WARNING SHOTS:
Generally, warning shots or shots fired for the purpose of summoning aid are discouraged and may not be discharged unless the officer reasonably believes that they appear necessary, effective and reasonably safe. 302.1.3 MOVING VEHICLES:
Shots fired at or from a moving vehicle are rarely effective and are generally discouraged.
(a) Unless it reasonably appears that it would endanger officers or the public, officers are expected to move out of the path of any approaching vehicle. (b) This is not intended to restrict an officer's right to use deadly force directed at the operator of a vehicle when it is reasonably perceived that the vehicle is being used as a weapon against the officer or others. (c) Officers may use deadly force to stop a fleeing suspect when the officer has probable cause to believe that the suspect has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death and the officer reasonably believes that there is an imminent or future potential risk of serious bodily injury or death to others if the suspect is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force when feasible.
302.1.4 REPORT OF WEAPON DISCHARGE:
Except during training or recreational use, any member who discharges a weapon accidentally or intentionally, on or off-duty, shall make a verbal report to his/her supervisor as soon as circumstances permit.
7. Training - Prior to using a rifle, Officers must be certified by POST instructors in the operation of the rifle. Additionally, all members that operate any rifle are required to pass a range qualification two times a year.
City of Jackson
Council Meeting Memorandum
Monday, April 25, 2022 – 7:00 PM Regular Meeting
To: Honorable Members of the City Council
From: Yvonne Kimball, City Manager
Date: April 22, 2022
Agenda Item #7b: Ordinance No. 725 Adopt State of California Model Water Efficient Landscaping Ordinance by reference.
RECOMMENDATION:
That City Council waive the first reading
DISCUSSION:
The State of California Assembly Bill 1881 went into effect on September 28, 2008. It modified the existing “water conservation in landscaping act” with a goal to improve state water conversation efforts. AB 1881 established a model water efficient landscape ordinance for local agencies to adopt. The purpose is to reduce water waste associated with irrigation of outdoor landscaping.
Local agencies can either adopt the State’s Model Water Efficient Landscape Ordinance (MWELO) or create their own that is as effective as the State’s model. Most agencies adopted the State’s model. Staff recommends Jackson do the same, thereby amending Chapter 17.40 Landscape Standards of the municipal code to adopt the State MWELO by reference.
MWELO applies to new construction projects with an aggregate landscape area equal to or greater than 500 sq ft, and rehabilitated landscape projects with an aggregate landscape area equal or greater than 2,500 sq ft. Existing landscape over one acre is covered under MWELO as well.
This ordinance would not create additional mandates as the MWELO requirements have been effective since 2008. Implementation of the recent SB1383 (recycle) regulations brought to light the need to incorporate MWELO into the municipal code. Incorporation of MWELO into city code also clarifies reporting processes that the city has been conducting since 2016.
Additionally, it also clarifies the intent to outreach and public education. I will be reaching out to State representatives and local agencies for education materials.
Enclosures:
1. Ordinance No. 725
2. Exhibit - Redline JMC, Appendix A, B, C, D.
Item 7b Ordinance No. 725 Adopt
State of California Model Water
Efficient Landscaping Ordinance
by Reference
Ordinance No. 725
An Ordinance of the City Council of the City of
Jackson Amending Chapter 17.40 of the Jackson Municipal Code to Adopt the State of California’s Model Water Efficient Landscaping Ordinance
WHEREAS, California Constitution article X, section 2 and California Water Code section 100 provide that because of conditions prevailing in the state of California (the “State”), it is the declared policy of the State that the general welfare requires that the water resources of the State shall be put to beneficial use to the fullest extent of which they are capable, the waste or unreasonable use of water shall be prevented, and the conservation of such waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code section 106, it is the declared policy of the State that the use of water for domestic use is the highest use of water and that the next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 (“AB 1881”), enacted into law on September 28, 2008, modifies and strengthens the existing “Water Conservation in Landscaping Act” (California Government Code section 65591 et seq.) (the “Act”). The Act’s goal is to improve state water conservation efforts by establishing a model water efficient landscape ordinance for local agencies to adopt and use for the purpose of reducing water waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources (“Department”) to update the existing model water efficient landscape ordinance which provides guidelines for cities and counties to adopt local landscape irrigation ordinances as required by the law; and WHEREAS, California Government Code Section 65595 (a portion of AB 1881) requires that local agencies either adopt a water efficient landscape ordinance that is, based on evidence in the record, at least as effective in conserving water as the updated State model ordinance adopted by the State or adopt the updated State Model Water Efficient Landscape Ordinance; and WHEREAS, the City Council desires to amend Chapter 17.40 of the Jackson Municipal Code (“JMC”) to adopt by reference the State Model Water Efficient Landscape Ordinance and all future amendments and to make other related amendments to said chapter; and WHEREAS, the City Council finds that this Ordinance is necessary to protect the public health, safety, and welfare and to comply with applicable State law.
The City Council of the City of Jackson does ordain as follows:
Ordinance No. 725 Page 2
Amending Chapter 17.40 of the Jackson Municipal Code
to Adopt the State of California’s Model Water Efficient Landscaping Ordinance SECTION 1. Recitals. The City Council hereby incorporates by reference the recitals of this Ordinance.
SECTION 2. CEQA. Environmental review is not required because adoption of the Ordinance is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15378(b)(5) (organization or administrative activities of governments not a project).
SECTION 3. Amendment. Chapter 17.40 of the Jackson Municipal Code is hereby amended in its entirety as set forth in Exhibit incorporated herein by this reference.
SECTION 4. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Jackson this ____ day of _________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF JACKSON
Robert Stimpson, Mayor
ATTEST: APPROVED AS TO FORM:
______________________ __________________________
John Georgette, City Clerk Joshua Nelson, City Attorney
82201.00006\34997210.1
Jackson ORDINANCE 725 ADOPTING STATE MODEL WATER EFFICIENT
LANDSCAPING ORDINANCCE
EXHIBIT A
Chapter 17.40
LANDSCAPE STANDARDS
17.40.010 - Intent and Purpose.
17.40.020 - DefinitionsApplicability.
17.40.030 - InstallationDefinitions.
17.40.040 - Provisions for New Construction or Rehabilitated Landscapes.
17.40.040.1 - Compliance with Landscape Documentation Package.
17.40.040.2 - Elements of the Landscape Documentation Package.
17.40.040.3 - Water Efficient Landscape Worksheet.
17.40.040.4 - Soil Management Report.
17.40.040.5 - Landscape Design Plan.
17.40.040.6 - Irrigation Design Plan.
17.40.040.7 - Grading Design Plan.
17.40.040.8 - Certificate of Completion.
17.40.040.9 - Irrigation Scheduling.
17.40.040.10 - Landscape and Irrigation Maintenance Schedule.
17.40.040.11 - Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
17.40.040.12 - Irrigation Efficiency.
17.40.040.13 - Recycled Water.
17.40.040.14 - Graywater Systems.
17.40.040.15 - Stormwater Management and Rainwater Retention.
17.40.040.16 - Public Education.
17.40.040.17 - Environmental Review.
17.40.050 - Provisions for Existing Landscapes.
17.40.050.1 - Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
17.40.050.2 - Waste Water Prevention.
17.40.060 - Effective Precipitation.
17.40.070 - Reporting
17.40.03580 - Fees and Security.
17.40.09040 - Recommended Species and Size.
17.40.100050 - Street Trees—All Residential and Nonresidential Developments.
17.40.110060 - Irrigation Systems.
17.40.120070 - Criteria for Tree Removal.
17.40.130080 - Tree Placement for Parking Areas.
17.40.140090 - Tree Removal from Undeveloped Property in Anticipation of Development Prohibited.
17.40.150100 - Hardships—Remedies.
17.40.160110 - Appeals.
17.40.170120 - Violation—Penalty.
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2 17.40.010. Intent and Purpose.
A. It is the intent of this Chapter to promote the planting and care of new and additional trees and landscaping, and to conserve trees and other foliage wherever practical.
Grading and construction shall be planned so as to maximize the retention of established trees. These efforts will serve in a significant way to enhance aesthetic and economic values of the community, and to maximize the related effects of erosion control, ground water recharge, and local air quality. Hence to carry out this intent, the purpose of this Chapter is to provide guidelines and performance requirements that are reasonable, beneficial and equitable.
B. It is the purpose of this Chapter to promote the conservation and efficient use of water and to prevent the waste of this valuable resource.
A.C. It is further the intent of this Chapter to establish alternative regulations that are at least as effective as the model ordinance established by the State Department of Water Resources, as amended from time to time.
17.40.020. Applicability.
A. Consistent with Executive Order No. B-29-15, this chapter shall apply to all of the following landscape projects:
1. New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;
2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
3. Existing landscapes limited to Sections 17.40.050., 17.40.050.1., and 17.40.050.2.; and
4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 17.40.040.3.,
17.40.040.10., and 17.40.040.11.
B. 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 measures contained in Title 23 of the California Code of Regulations, Division 2, Chapter 2.7, Appendix D, the “Prescriptive Compliance Option,” (hereinafter “Appendix D”) incorporated herein by reference.
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
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3 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.
17.40.020.17.40.030. Definitions.
For the purpose of this Section phrases shall be defined as follows:
A. “Appendix A” refers to Appendix A, entitled “Reference Evapotranspiration (ETO) Table,” of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk’s office.
B. “Appendix B” refers to Appendix B, entitled “Sample Water Efficient Landscape Worksheet,” of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk’s office.
C. “Appendix C” refers to Appendix C, entitled “Sample Certificate of Completion,” of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk’s office.
D. “Appendix D” refers to Appendix D, entitled “Prescriptive Compliance Option,” of Title 23, Division 2, Chapter 2.7 of the California Code of Regulations, as amended from time to time, a copy of which is on file with the City Clerk’s office.
E. “Applied water” means the portion of water supplied by the irrigation system to the landscape.
F. “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 (weatherbased) or soil moisture data.
G. “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.
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4 H. “Certificate of Completion” means the document required under Section 17.40.040.8.
I. “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 US Environmental Protection Agency's WaterSense irrigation designer certification program and Irrigation Association's Certified Irrigation Designer program.
J. “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 US Environmental Protection Agency's WaterSense irrigation auditor certification program and Irrigation Association's Certified Landscape Irrigation Auditor program.
K. “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.
L. “City” means the City of Jackson, California.
M. “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.
N. “compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.
O. “conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.
P. “Development” means construction, reconstruction or structural alteration of a building or exterior use, and establishment, enlargement or conversion of any land use and the development of any site, except for the construction or major expansion of any individual single-family home.
Q. “distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.
R. “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.
S. “Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
T. “effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.
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5 U. “emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.
V. “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.
W. “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.
X. “Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in Section 492.4.
Y. “ET adjustment factor” or “ETAF” means the factor that is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.
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 (2) 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.
Z. “Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.
AA. “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.
BB. “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.
CC. “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.
DD. “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.
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6 EE.“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, or as otherwise defined in Health and Safety Code Section 17922.12.
FF. “Hardscape” means any durable material or feature (pervious and impervious) installed in or around a landscaped area, such as pavements or walls.
GG. “Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth, whether irrigated or non-irrigated.
HH. “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).
II. “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.
JJ. “Irrigation audit” means 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.
KK. “Irrigation efficiency” means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this chapter are 0.75 for overhead spray devices and 0.81 for drip systems.
LL.“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.
MM. “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.
NN. “Landscape architect” means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.
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7 OO. “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 nonpervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).
PP. “Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
QQ. “Landscape Documentation Package” means the package of documents that a project applicant is required to submit to the City for review and approval of landscape design projects, which meets the requirements of Section 17.40.020.
RR. “Landscape plans” means site-specific design, plans and specifications for the type, size, placement, removal, irrigation and maintenance of existing, new and additional trees, shrubs, grasses and ground cover.
SS. “Landscape project” means the total area of landscape in a project, as provided in the definition of “landscaped area,” meeting the requirements of Section
17.40.020.“Development” means construction, reconstruction or structural alteration of a building or exterior use, and establishment, enlargement or conversion of any land use and the development of any site, except for the construction or major expansion of any individual single-family home.
TT.“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.
A.UU. “Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.
VV. “Local water purveyor” means any entity, including a public agency, City, County, or private water company that provides retail water service.
WW. “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.
XX. “Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.
YY. “Master shut-off valve” means 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.”
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8 ZZ.“Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 492.4. 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)].
AAA. “Median” means an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
BBB. “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.
CCC. “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.
DDD. “Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.
EEE. “New construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
FFF. “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.
GGG. “Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.
HHH. “Overhead sprinkler irrigation systems” or “overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).
III. “Overspray” means the irrigation water which is delivered beyond the target area.
JJJ.“Parkway” means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.
KKK. “Permit” means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.
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9 LLL. “Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.
MMM.“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 ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the publication “Water Use Classification of Landscape Species”. Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
NNN. “Project applicant” means the individual or entity submitting a Landscape Documentation Package required under Section 492.3, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.
OOO. “Rain sensor” or “rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.
PPP. “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.
QQQ. “Recreational area” means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.
RRR. “Recycled water,” “reclaimed water,” or “treated sewage effluent water” means 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.
SSS. “Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.
TTT. “Regional Water Efficient Landscape Ordinance” means a local Ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.
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10 UUU. “Rehabilitated landscape” means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than 2,500 square feet.
VVV. “Residential landscape” means landscapes surrounding single or multifamily homes.
WWW. “Run off” or “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, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
XXX. “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.
YYY. “Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.
ZZZ. “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.
AAAA. “Sprinkler head” or “spray head” means a device which delivers water through a nozzle.
BBBB.“Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.
CCCC.“Station” means an area served by one valve or by a set of valves that operate simultaneously.
DDDD. “Swing joint” means an irrigation component that provides a flexible, leakfree connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.
EEEE. “Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.
FFFF. “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.
GGGG. “Valve” means a device used to control the flow of water in the irrigation system.
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11 HHHH. “Water conserving plant species” means a plant species identified as having a very low or low plant factor.
IIII. “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.
JJJJ. “Watering window” means the time of day irrigation is allowed.
B.KKKK. “WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.“Landscape plans” means site-specific design, plans and specifications for the type, size, placement, removal, irrigation and maintenance of existing, new and additional trees, shrubs, grasses and ground cover.
17.40.040. Provisions for New Construction or Rehabilitated Landscapes.
The City may designate by mutual agreement, another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. The City may collaborate with water purveyors to define each entity’s specific responsibilities relating to this ordinance.
17.40.040.1. Compliance with Landscape Documentation Package.
A. Prior to construction, the City shall:
1. Provide the project applicant with a copy of this chapter and procedures for permits, plan checks, 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
B. Prior to construction, the project applicant shall submit a Landscape Documentation Package to the City.
C. Upon approval of the Landscape Documentation Package by the City, the project applicant shall:
1. Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;
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12 2. Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or his/her designee; and
3. Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
17.40.040.2. Elements of the Landscape Documentation Package.
The Landscape Documentation Package shall include the following six (6) elements:
A. Project information;
1. Date.
2. Project applicant.
3. Project address (if available, parcel and/or lot number(s)).
4. Total landscape area (in square feet).
5. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed).
6. 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.
7. Checklist of all documents in the Landscape Documentation Package.
8. Project contacts, including contact information for the project applicant and property owner.
9. Project applicant’s signature and date with the accompanying statement, “I agree to comply with the requirements of the City’s water efficient landscape ordinance and submit a complete Landscape Documentation Package.”
B. Water Efficient Landscape Worksheet;
C. Soil management report;
D. Landscape design plan;
E. Irrigation design plan; and
F. Grading design plan.
17.40.040.3. Water Efficient Landscape Worksheet.
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,
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13 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 the 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. For geographic areas not covered in Appendix A, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999.
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.
17.40.040.4. Soil Management Report.
In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, as follows:
A. Submit soil samples to a laboratory for analysis and recommendations.
1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.
2. The soil analysis shall include:
a. Soil texture;
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14 b. Infiltration rate determined by laboratory test or soil texture infiltration rate table;
c. pH;
d. Total soluble salts;
e. Sodium;
f. Percent organic matter; and
g. Recommendations.
3. In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots.
B. The project applicant, or his/her designee, shall comply with one of the following:
1. If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape Documentation Package; or
2. If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.
C. The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
D. The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with the Certificate of Completion.
17.40.040.5. Landscape Design Plan.
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;
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15 ii. Selection of water-conserving plant, tree, and turf species, especially local native plants;
iii. Selection of plants based on local climate suitability, disease resistance, and pest resistance;
iv. Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; and v. Selection of plants from local and regional landscape program plant lists; 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
17.40.040.6(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 of 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 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).
e. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
f. 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.
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16 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
17.40.040.4.).
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 inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
d. A minimum three inch (3”) 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.
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17 g. Organic mulch materials made from recycled or post-consumer 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.
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 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
17.40.040.15.
11. Identify any applicable rain harvesting or catchment technologies as discussed in Section 17.40.040.15. 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, 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
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18 and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.).
17.40.040.6. Irrigation Design Plan.
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 either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the level at which Water Code 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:
i. A customer service meter dedicated to landscape use provided by the local water purveyor; or
ii. A privately owned meter or submeter.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
c. If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance. 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, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be
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19 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 of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.
f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable code (i.e., public health) for additional backflow prevention requirements.
g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.
h. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.
j. Relevant information from the soil management plan, such as soil type 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 17.40.040.3. 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 or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
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20 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 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 24 inches of any nonpermeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology.
The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified 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
17.40.040.6(A)(1)(l). 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
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21 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, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:
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, they shall designate the areas irrigated by each valve, and assign a number to each valve. The valve numbers shall be used in the Hydrozone Information Table (see Appendix B, Section A). This table will be used to assist with irrigation audits and programming the controller.
B. The irrigation design plan, at a minimum, shall contain:
1. Location and size of separate water meters for the 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 (in gallons per minute), application rate (in inches per hour), and design operating pressure (in pressure per square inch) for each station;
5. Recycled water irrigation systems as specified in Section 17.40.040.13.
6. The following statement: “I have complied with the criteria of the City’s water efficient landscape ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and
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22 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.)
17.40.040.7. Grading Design Plan.
For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A 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.
A. The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:
1. Height of graded slopes;
2. Drainage patterns;
3. Pad elevations;
4. Finish grade; and
5. Stormwater retention improvements, if applicable.
B. To prevent excessive erosion and runoff, it is highly recommended that project applicants:
1. Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-permeable hardscapes;
2. Avoid disruption of natural drainage patterns and undisturbed soil; and
3. Avoid soil compaction in landscape areas.
C. The grading design plan shall contain the following statement: “I have complied with the criteria of the City’s water efficient landscape 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.
17.40.040.8. Certificate of Completion.
A. The Certificate of Completion (see Appendix C for a sample certificate) shall include the following six (6) elements:
1. Project information sheet that contains:
a. Date;
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23 b. Project name;
c. Project applicant name, telephone number, and mailing address; d. Project address and location (if available, parcel and/or lot number(s)); and e. Property owner name, telephone number, 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
17.40.040.9.);
4. Landscape and irrigation maintenance schedule (see Section 17.40.040.10.);
5. Irrigation audit report (see Section 17.40.040.11.); and
6. Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 17.40.040.4.).
B. The project applicant shall:
1. Submit the signed Certificate of Completion to the City for review;
2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or his or her designee.
C. The City 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 local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
17.40.040.9. Irrigation Scheduling.
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24 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:
A. Irrigation scheduling shall be regulated by automatic irrigation controllers.
B. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless weather conditions prevent it. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
C. 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.
D. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
1. The plant establishment period;
2. The established landscape; and
3. Temporarily irrigated areas.
E. Each irrigation schedule shall consider for each station all of the following that apply:
1. Irrigation interval (days between irrigation);
2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
3. Number of cycle starts required for each irrigation event to avoid runoff;
4. Amount of applied water scheduled to be applied on a monthly basis;
5. Application rate setting;
6. Root depth setting;
7. Plant type setting;
8. Soil type;
9. Slope factor setting;
10. Shade factor setting; and
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25 11. Irrigation uniformity or efficiency setting.
17.40.040.10. Landscape and Irrigation Maintenance Schedule.
A. Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
B. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
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.
17.40.040.11. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
A. All landscape irrigation audits shall be conducted by a City landscape 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 1 in 7 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 17.40.020:
1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the City 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 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.
17.40.040.12. Irrigation Efficiency.
For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
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26 17.40.040.13. Recycled Water.
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.
17.40.040.14. Graywater Systems.
Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any applicable City standards. Refer to Section 17.40.020 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.
17.40.040.15. Stormwater Management and Rainwater Retention.
A. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices 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 local agency or Regional Water Quality Control Board 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.
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: 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 storm water projects incorporate any of the following elements to improve on-site storm water 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.
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27 3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
6. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
17.40.040.16. Public Education.
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 or water supplier/purveyor shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.
B. Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance.
1. Signs shall be used to identify the model as an example of a 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.
17.40.040.17. Environmental Review.
The City must comply with the California Environmental Quality Act (CEQA), as appropriate.
17.40.050. Provisions for Existing Landscapes.
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28 The City may, by mutual agreement, designate another agency, such as a water purveyor, to implement some or all of the requirements contained in this chapter. The City may collaborate with water purveyors to define each entity’s specific responsibilities relating to this chapter.
17.40.050.1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
A. This Section 17.40.050.1 shall apply to all existing landscapes that were installed on or before December 1, 2015 and are over one acre in size.
1. For all such landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).
2. For all such landscapes that do not have a meter, the City shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
B. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
17.40.050.2. Water Waste Prevention.
A. The City shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures.
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.
17.40.060. Effective Precipitation.
The City may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:
A. For residential areas: MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] B. For non-residential areas: MAWA = (ETo - EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas
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29 17.40.070. Reporting.
A. The City shall report on implementation and enforcement of this chapter to the Department of Water Resources, and shall make all such reports by January 31st of each year.
B. In its report, the City shall address:
1. Whether it is using a locally modified Water Efficient Landscape Ordinance (WELO) or the MWELO. If using a locally modified WELO, the City shall specify how it differs from the MWELO and is at least as efficient as the MWELO, and whether any exemptions are claimed.
2. The entity responsible for implementing this chapter (if not the City).
3. The number and types of projects subject to this chapter during the reporting period.
4. The total area (in square feet or acres) subject to this chapter during the reporting period.
5. The number of new housing starts, new commercial projects, and landscape retrofits during the reporting period.
6. The procedures for the City’s review of projects subject to this chapter.
7. All actions taken to verify compliance by all entities with this chapter.
8. All enforcement measures taken.
9. All challenges to implementing and enforcing the chapter.
10. Any educational or other needs in order to properly apply the chapter’s terms.
17.40.080 Installation.
A. All development requiring approval by the Planning Commission shall also be required to have a landscape plan which shall be subjects to approval by the Planning Commission. All development proposals subject to Planning Commission approval shall include a topographical map accurately showing all trees and other prominent landscape features. Landscape plans shall be prepared by a qualified professional.
B. For trees designated to be saved by the Planning Commission, a minimum of four-foot tall brightly colored synthetic fence shall be installed at the outermost edge of the drip line (the farthest point of reach of any branch) of each protected tree or group of protected trees. The fences must be installed prior to the commencement of any grading operations or the access of any vehicles or construction equipment.
C. All development (excluding individual single-family home construction, reconstruction or structural alternation) shall have an approved landscape plan, as a
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30 part of and along with, site development and improvement plans. The work, facilities and materials called for in such plans shall be certified, complete and in place prior to any occupancy. No occupancy shall be permitted before completion of work in conformance with the approved site development/landscape plan.
D. A temporary certificate of occupancy may be issued due to circumstantial or seasonal limitations, upon the posting of surety in the form of faithful performance and labor and materials bonds, and covering the full cost of the plantings, irrigation and related labor.
17.40.090. Fees and Security.
A fee equal to reasonable cost of processing landscaping plan reviews, not to exceed 10 percent of the professionally estimated cost of the landscaping to be installed, shall be established by the City Manager. If a surety is required as a condition of plan approval, it shall be equal to 100 percent of the established cost of the landscaping (including irrigation to be installed).
17.40.100. Recommended Species and Size.
A. Tree and shrub varieties called for on a site development landscape plan shall consist of approved native species or regionally compatible species as listed in the following sources:
1. “Drought Tolerant Landscape for Amador County,” published by Amador County Water Agency;
2. “New Western Garden Book,” published by Sunset Magazine;
3. Supplemental professional sources specifying plants for dry climate;
4. As approved a licensed landscape architect familiar with local conditions.
B. Minimum tree size shall be 15 gallons. Minimum shrub size shall be five gallons.
Exception to this requirement (i.e., more plantings of smaller size) may be approved when site conditions or local availability warrant.
17.40.110. Street Trees—All Residential and Nonresidential Developments.
Approved plant species shall be located in such a manner as to shade, shield or buffer land uses.
Street tree plantings, as illustrated on the landscape plan shall:
A. Be a minimum of one tree per 40 feet of lot frontage; B. Be planned to provide shade and aesthetic values to sidewalks and streets compatible with necessary sight distance, street lighting, signage and maintenance;
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31 C. Avoid interference with construction, maintenance and operation of utilities and services above or below ground. Trees shall be planted so that upon maturity, their branches do not come within 10 feet of uninsulated conductors; Not interfere with public sidewalk locations, existing or planned; D.
E. Be protected from vehicular movement by unmountable curb or barrier.
17.40.120. Criteria for Tree Removal.
A. All development shall conserve trees. A minimum of 3:1 replacement ratio shall apply upon removal of any such tree having a diameter greater than sixteen inches at four and one-half feet from grade. Oak trees removed shall be replaced with like species. Trees planted as replacements shall be maintained for five years, and again replaced and maintained if they fail to survive within that period.
B. No person shall cut down or remove any tree having a diameter of eight inches or greater on any public property, without review and approval by the Planning Commission.
C. Any development proposal which calls for the removal of any tree having a diameter of eight inches or greater shall require Planning Commission approval. The subject determination will be based upon reasonable criteria, including, but not limited to, the following:
1. The condition of the tree with respect to its general health, damage, status as a public nuisance or traffic hazard, danger of falling, interface with utility services, and its status as host for parasitic plants, pests or diseases endangering other species of trees or plants with infection or infestation;
2. The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface water. Developers are encouraged to work with existing terrain;
3. The number, species, size and location of existing trees in the area and the effect of the requested action on historic values, scenic beauty, shade areas, air pollution and the general welfare of the City as a whole.;
17.40.130. Tree Placement for Parking Areas.
Trees and planting areas shall be provided within and abutting the perimeter of parking areas and shall meet the following conditions:
A. Planting areas shall be located so every parking space or portion thereof is not more than forty feet from the trunk of a tree within a planting area.
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32 B. Planting areas shall be separated from parking spaces, drives and alleys by an unmountable curb or barrier. The curb or barrier shall be constructed in such a manner that rainwater runoff will not damage the tree. Planting areas shall be of a size suitable to meeting the needs of the tree at maturity.
These requirements shall not apply when the parking area is to be shaded with solar panels.
17.40.140. Tree Removal from Undeveloped Property in Anticipation of Development Prohibited.
Removal of any trees having a minimum trunk diameter of eight inches measures from grade on any undeveloped parcel within the city in anticipation of developing that parcel without advance approval of the Planning Commission is strictly prohibited.
17.40.150. Hardships—Remedies.
A. When it is determined by the Planning Commission that compliance with these regulations would create an unreasonable hardship, relief may be granted from those provisions that cause the hardship. Determination of unreasonable hardship shall be based upon an overall evaluation including the following factors:
1. The cost of the landscaping;
2. The cost of the construction of the project;
3. The nature of the landscaping that would be gained or lost;
4. Physical site restraints;
5. Legal restriction.
B. The Planning Commission will advise an equivalent remedy when a hardship has been determined, such as in-lieu fees, alternative off-site landscaping, or combination thereof.
17.40.160. Appeals.
A decision of the Planning Commission denying tree removal pursuant to this Chapter may be appealed to the City Council. Appeals shall be in writing, signed by the appellant, stating the reasons for the appeal, accompanying an amount as specified by resolution, and filed with the City within 10 days of Planning Commission action. The appeal shall be heard by the City Council meeting following the receipt of the appeal.
17.40.170. Violation—Penalty.
Recommended Species and Size.
Tree and shrub varieties called for on a site development landscape plan shall consist of approved native species or regionally compatible species as listed in the following sources:
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33 “Drought Tolerant Landscape for Amador County,” published by Amador County Water Agency; “New Western Garden Book,” published by Sunset Magazine; Supplemental professional sources specifying plants for dry climate; As approved a licensed landscape architect familiar with local conditions.
Minimum tree size shall be 15 gallons. Minimum shrub size shall be five gallons. Exception to this requirement (i.e., more plantings of smaller size) may be approved when site conditions or local availability warrant.
Street Trees—All Residential and Nonresidential Developments.
Approved plant species shall be located in such a manner as to shade, shield or buffer land uses.
Street tree plantings, as illustrated on the landscape plan shall:
Be a minimum of one tree per 40 feet of lot frontage;
Be planned to provide shade and aesthetic values to sidewalks and streets compatible with necessary sight distance, street lighting, signage and maintenance; Avoid interference with construction, maintenance and operation of utilities and services above or below ground. Trees shall be planted so that upon maturity, their branches do not come within 10 feet of uninsulated conductors;
Not interfere with public sidewalk locations, existing or planned; Be protected from vehicular movement by unmountable curb or barrier.
Irrigation Systems.
The irrigation system shall incorporate multiple regulator mechanisms when required to separate drought tolerant from nondrought tolerant plant material. The establishment of a permanent method of minimum water consumption shall be the primary objective in the design of the irrigation system, which shall include drip emitters, bubbler heads, micro spray units and similar devices.
Electrically controlled irrigation systems shall have the capability to accept ground moisture sensors and/or automatic rain shut-off devices.
Open water bodies, including, but not limited to, ponds, decorative fountains, basins, reflective pools and spray/mist fountains, are not recommended as landscaping features unless nonconsumptive, i.e., recirculating sustained flow.
Criteria for Tree Removal.
All development shall conserve trees. A minimum of 3:1 replacement ratio shall apply upon removal of any such tree having a diameter greater than sixteen inches at four and one-half feet
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34 from grade. Oak trees removed shall be replaced with like species. Trees planted as replacements shall be maintained for five years, and again replaced and maintained if they fail to survive within that period.
No person shall cut down or remove any tree having a diameter of eight inches or greater on any public property, without review and approval by the Planning Commission.
Any development proposal which calls for the removal of any tree having a diameter of eight inches or greater shall require Planning Commission approval. The subject determination will be based upon reasonable criteria, including, but not limited to, the following;
1. The condition of the tree with respect to its general health, damage, status as a public nuisance or traffic hazard, danger of falling, interface with utility services, and its status as host for parasitic plants, pests or diseases endangering other species of trees or plants with infection or infestation;
2. The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface water. Developers are encouraged to work with existing terrain;
17.40.080. The number, species, size and location of existing trees in the area and the effect of the requested action on historic values, scenic beauty, shade areas, air pollution and the general welfare of the City as a whole.
17.40.081. Tree Placement for Parking Areas.
Trees and planting areas shall be provided within and abutting the perimeter of parking areas and shall meet the following conditions:
A. Planting areas shall be located so every parking space or portion thereof is not more than forty feet from the trunk of a tree within a planting area.
B. Planting areas shall be separated from parking spaces, drives and alleys by an unmountable curb or barrier. The curb or barrier shall be constructed in such a manner that rainwater runoff will not damage the tree. Planting areas shall be of a size suitable to meeting the needs of the tree at maturity.
These requirements shall not apply when the parking area is to be shaded with solar panels.
Tree Removal from Undeveloped Property in Anticipation of Development Prohibited.
Removal of any trees having a minimum trunk diameter of eight inches measures from grade on any undeveloped parcel within the city in anticipation of developing that parcel without advance approval of the Planning Commission is strictly prohibited.
Hardships—Remedies.
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35 17.40.100. When it is determined by the Planning Commission that compliance with these regulations would create an unreasonable hardship, relief may be granted from those provisions that cause the hardship. Determination of unreasonable hardship shall be based upon an overall evaluation including the following factors:
The cost of the landscaping;
The cost of the construction of the project;
The nature of the landscaping that would be gained or lost; Physical site restraints;
Legal restriction.
17.40.110. The Planning Commission will advise an equivalent remedy when a hardship has been determined, such as in-lieu fees, alternative off-site landscaping, or combination thereof.
17.40.120. Appeals.
A decision of the Planning Commission denying tree removal pursuant to this Chapter may be appealed to the City Council. Appeals shall be in writing, signed by the appellant, stating the reasons for the appeal, accompanying an amount as specified by resolution, and filed with the City within 10 days of Planning Commission action. The appeal shall be heard by the City Council meeting following the receipt of the appeal.
17.40.130. Violation—Penalty.
Any person violating any provision of this Chapter is guilty of a misdemeanor, provided, however, that any such violation may be charged as an infraction, where deemed in the interest of justice by the District aAttorney. Additionally, and without limitation on the authority or action of the District aAttorney, the City Manager or his/her designee may direct that work be halted on any development subject to this Section until any violation of this Section is corrected, or until an appropriate course of action for remedial measures is determined. The City Manager or his/her designee may also convene an administrative hearing or alternatively docket for Planning Commission review to determine if a violation occurred and, if so, to assess an administrative penalty. The penalty would require the replacement, at the violator’s expense, of any tree irreparably cut or damaged with one or more trees of sufficient size and maturity to fulfill the intent and purpose of this Section.
23 CCR
23 CCR Appendix B
Appendix B - Sample Water Efficient Landscape Worksheet.
23 CCR Appendix C
Appendix C - Sample Certificate of Completion.
Appendix D - Prescriptive Compliance Option.
(a) This appendix contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance.
(b) Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:
(1) Submit a Landscape Documentation Package which includes the following elements:
(A) date
(B) project applicant
(C) project address (if available, parcel and/or lot number(s)) (D) total landscape area (square feet), including a breakdown of turf and plant material (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) contact information for the project applicant and property owner (H) applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option to the MWELO”.
(2) Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six inches into landscape area (unless contra-indicated by a soil test); (3) Plant material shall comply with all of the following; (A) For residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding edibles and areas using recycled water;
(B) A minimum three inch (3″) 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.
(4) Turf shall comply with all of the following:
(A) Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas;
(B) Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation change for every 4 feet of horizontal length;
(C) Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by sub-surface irrigation or by other technology that creates no overspray or runoff. (5) Irrigation systems shall comply with the following:
(A) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.
(B) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.
(C) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range. (D) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply. (E) All irrigation emission devices must meet the requirements set in the ANSI standard, 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.
(F) Areas 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.
(6) For non-residential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s) to measure landscape water use shall be installed.
(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.