10.32.030   Applicability.
   A.   New landscape installations or rehabilitation projects: As of the effective date of this chapter, all sections of this chapter shall apply to the following landscape projects:
      1.   New landscape projects, with an aggregate landscape area equal to or greater than 500 square feet, requiring a building permit or landscape permit, plan check or design.
      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.   New or rehabilitated landscape projects with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures (Appendix G) contained in the Planning Commission Guidelines for Water Efficient Landscape.
      4.   New or rehabilitated landscape projects using treated or untreated graywater or rainwater capture on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirements (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater capture on site is subject only to Appendix G of the Guidelines.
   B.   This water efficient landscape ordinance 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.   Plant collections, as part of botanical gardens and arboretums that are open to the public.
   C.   The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
   D.   The requirements of this chapter may be partially or wholly waived, at the discretion of the Development Services Director, or his/her designee, for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with local water purveyor(s)’ regulations or programs. (Ord. 17-948 § 4, 2017)