A. After December 1, 2015, and consistent with Executive Order No. B-29-15, This chapter applies to:
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 landscapes projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check or design review.
3. New and rehabilitated cemeteries, but solely as to Sections 16.28.060A (Water Efficient Landscape Worksheet), 16,28.090 (Maintenance of Landscaping), and 16.28.100 (Enforcement of Landscaping Water Use Efficiency), and existing cemeteries, but solely as to Sections 16 28.090B (Irrigation Audits) and 16.28.100 (Enforcement of Landscaping Water Use Efficiency).
4. All other existing landscapes, but solely as to Section 16.28.100 (Enforcement of Landscaping Water Use Efficiency).
5. This chapter shall not be construed as requiring landscaping of common areas or open space that is intended to remain natural.
B. The reporting requirements of this ordinance shall become effective December 1, 2015 and the remainder of this ordinance shall be effective no later than February 1, 2016.
1. Reports shall be prepared by the Planning Department and submitted by the Development Services Director or his/her designee to the Department of Water Resources. Reporting requirements are contained in California Code of Regulations (CCR) 495 et seq.
C. Any project 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 contained in Appendix D of California Code of Regulations (CCR) 490 et seq.
D. 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 sq.ft. of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to Appendix D section (5).
E. This chapter does not apply to (except for prohibition against water waste according to Section 16.28.100A);
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 open to the public.
(Ord. 539 § 4, 2018; Ord. 443 § 3, 2010; Ord. 182 § 2 (part), 1997)