(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 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with §§ 492.6(a)(3)(B) (C), (D) and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.
(B) 1. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this chapter.
2. Other requirements of the MWELO are in effect and can be found in Cal. Code of Regulations Title 23, Division 2, Chapter 2.7.
(C) Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in § 8-2-70(A) above shall:
1. Comply with §§ 492.6 (a)(3)(B)(C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch and amendments section to include the following:
(a) 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 six inches of soil are exempt from adding compost and tilling;
(b) For landscape installations, a minimum three-inch 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. The designated insect habitat must be included in the landscape design plan as such; and
(c) 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.
2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in § 8-2-70-(A) shall consult the full MWELO for all requirements.
(D) If, after the adoption of this chapter, the state Department of Water Resources, or its successor agency, amends Cal. Code of Regulations Title 23, 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 city 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 section, the revised requirements of Cal. Code of Regulations Title 23, Division 2, Chapter 2.7, shall be enforced.
(Ord. 648, passed 4-19-2022)