A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (single-family, multi-family, public, institutional, or commercial) project with a landscape area greater than five hundred (500) square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred (2,500) square feet, shall comply with §§ 492.6(a)(3)(B), (C), (D) and (G) of MWELO, including sections related to use of compost and mulch as delineated in this § 5.08.045.
B. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in § 5.08.045.A., above, shall comply with §§ 492.6(a)(3)(B), (C), (D) and (G) of MWELO, which requires the submittal of a landscape design plan with soil preparation, mulch and amendments sections which include the following:
1. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.
2. For landscape installations, a minimum three (3)-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers or in direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
3. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
D. If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, §§ 492.6(a)(3)(B), (C), (D) and (G) of the MWWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this § 5.08.045, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(Ord. No. 2021-014, § 2(part))