TO: HONORABLE MAYOR FROM: Kerrie Romanow
AND CITY COUNCIL Chris Burton
SUBJECT: SEE BELOW DATE: April 18, 2022
Approved Date
4/20/2022
SUPPLEMENTAL
SUBJECT: REVISIONS TO THE CITY OF SAN JOSE’S WATER EFFICIENT
LANDSCAPE ORDINANCE
REASON FOR SUPPLEMENTAL
This supplemental memorandum reports on the stakeholder outreach conducted to date on the proposed revisions to the Water Efficient Landscape Ordinance and modifications to the draft ordinance presented to the Transportation and Environment Committee on March 7, 2022.
RECOMMENDATION
(a) Accept the report on Water Efficient Landscape Ordinance. (b) Approve an ordinance of the City of San José amending Section 15.08.500 of Chapter
15.08; Sections 15.10.030, 15.10.040, 15.10.290, 15.10.300 of Chapter 15.10; and Chapter 15.11 of Title 15, and Sections 17.72.530, 17.72.535 and 17.72.560 of Chapter
17.72 of Title 17 of the San José Municipal Code to modify the Water Efficient Landscape Standards for New and Rehabilitated Landscaping and to clarify Potable Water Conservation Standards as revised with stakeholder input after the Transportation and Environment Committee meeting on March 7, 2022.
ANALYSIS
Staff reached out via phone and/or email to the following groups and organizations regarding the proposed revisions to the Water Efficient Landscape Ordinance since the Transportation and Environment Committee meeting on March 7, 2022:
• Developer’s Roundtable contact list (333 contacts)
• Charities Housing
COUNCIL AGENDA: 05/03/22
FILE:
ITEM:
22-611
6.1 HONORABLE MAYOR AND CITY COUNCIL
April 18, 2022
Subject: Revisions to the City of San José’s Water Efficient Landscape Ordinance
• Building Industry Association Bay Area
• Commercial Real Estate Development Association (known as NAIOP) • City of San José’s Office of Economic Development and Cultural Affairs
In addition to the above, staff presented the proposed revisions at the Climate Smart external stakeholders meeting on March 17, 2022.
Based on stakeholder feedback, the following modifications will be made to the draft ordinance amending the Water Efficient Landscape Ordinance presented at the Transportation and Environment Committee meeting on March 7, 2022:
• Backyard projects of single-family dwellings are expressly exempt from the turf prohibition. (The exemption from the turf prohibition for multi-family dwelling projects in areas designated for active play, recreation, or public assembly as presented at the Transportation and Environment Committee meeting on March 7, 2022 is maintained.) • Areas required to preserve state and federal tax credits for affordable housing and areas required by state or federal law are expressly exempt from hardscape limitations. • Residential backyard projects are expressly exempt from hardscape limitations but remain subject to the current anti-blight and paving restrictions.
An updated summary of the key proposed revisions is given below in Table 1.
Table 1. Summary of proposed revisions to the Water Efficient Landscape Ordinance.
Category Current Ordinance Proposed Amendment
Applicability
(§15.11.020)
New construction projects
requiring a building or
development permit with a total
landscape area of 500 or more
square feet
New construction projects
requiring a building or
development permit with any
landscape area. Exemption:
backyard single-family dwelling
projects
Compliance options
(§15.11.900)
Three options for all projects:
1. Plant-type restriction
2. Water budget calculation
3. Recycled water option
All projects must comply with the
landscape and irrigation design
requirements
Allowable plant
types
(§15.11.900(B)(1)(c),
§15.11.950(A-D))
High-water use plants permitted
in up to 25% of landscape area
with water budget compliance
pathway
High-water use plants are
prohibited for all projects.
Emphasis placed on native and
non-invasive plant species.
Turf restrictions
(§15.11.900(B)(1)(b),
§15.11.950(E))
Turf permitted in up to 25% of
landscape area
Turf prohibited. Exemptions:
areas designated for active play,
recreation or public assembly for
multi-family dwelling and
commercial projects; backyard
single-family dwelling projects
HONORABLE MAYOR AND CITY COUNCIL
April 18, 2022
Subject: Revisions to the City of San José’s Water Efficient Landscape Ordinance
Category Current Ordinance Proposed Amendment
Hardscape
limitation
(§15.11.950(F))
No hardscape limitation
(although blight and paved
surfaces are prohibited
elsewhere in the SJMC)
No more than 50% of the area
available for landscaping may be
hardscape. Exemptions:
residential backyard projects,
areas required by state or federal
law, areas required for state or
federal tax credits
Irrigation system
design
(§15.11.900(B)(1)(e),
§15.11.980)
Spray and overhead spray
sprinklers permitted
Spray sprinklers prohibited. Drip
and bubbler irrigation systems are
required. Exemption: areas where
turf is permitted.
/s/ /s/
KERRIE ROMANOW CHRISTOPHER BURTON
Director, Environmental Services Director, Planning, Building and Code Enforcement
For questions, please contact Jeff Provenzano, Deputy Director, at (408) 277-3671.