The State Legislature determined in the Water Conservation in Landscaping Act (the "Act"), Government Code sections 65591 et seq., that the State's water resources are in limited supply. The Legislature also recognized that while landscaping is essential to the quality of life in California, landscape design, installation, maintenance and management must be water efficient. Consistent with the Legislature's findings the purpose of this chapter is to:
(a) Promote the values and benefits of landscaping practices that promote the conservation and efficient use of water in a manner at least as effective as the Act and implementing Regulations.
(b) Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and projects with modified landscapes.
(c) Promote the use, when available, of tertiary treated recycled water and graywater for irrigating landscaping.
(d) Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount.
(e) Encourage proper planning, design, installation, management, and maintenance of landscapes that will achieve the conservation and efficient use of water in landscapes by:
(1) Creating the conditions to support life in the soil by reducing compaction, incorporating organic matter that increases water retention, and promoting productive plant growth that leads to more carbon storage, oxygen production, shade, habitat and aesthetic benefits.
(2) Minimizing energy use by reducing irrigation water requirements, reducing reliance on petroleum based fertilizers and pesticides, and planting climate appropriate shade trees in urban areas.
(3) Conserving water by capturing and reusing rainwater and graywater wherever possible and selecting climate appropriate plants that need minimal supplemental water after establishment.
(4) Protecting air and water quality by reducing power equipment use and landfill disposal trips, selecting recycled and locally sourced materials, and using compost, mulch and efficient irrigation equipment to prevent erosion.
(5) Protecting existing habitat and promoting the creation of new habitat by choosing local native plants, climate adapted non-natives and avoiding invasive plants, utilizing integrated pest management with least toxic methods as the first course of action.
(f) Incorporate greenhouse gas reduction strategies that contribute towards reducing greenhouse gas emissions in accordance with the Global Warming Solutions Acts of 2006 (Assembly Bill 32) and 2016 (Senate Bill 32).
The following definitions shall apply to this chapter:
(a) "Aggregate" means the sum total of landscaped areas on a given parcel.
(b) "Applied water" means the portion of water supplied by the irrigation system to the landscape.
(c) "Automatic irrigation controller" means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture sensor data.
(d) "Building permit" means a permit issued by the County Building Department authorizing the permit holder to, among other things, erect, construct, enlarge, alter, repair or improve a building or structure.
(e) "Certified landscape irrigation auditor" means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other accredited certification program.
(f) "Common areas" means all landscaped areas irrigated and maintained by a homeowners' association or similar administrative structure designed to maintain shared areas normally including swimming pools, recreation courts, patios, open landscaped/passive play areas, and greenbelts with pedestrian walkways, equestrian and bicycle trails within designated communities.
(g) "Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 4100.
(h) "Cool season grass" means a type of grass that remains green in the winter months.
(i) "Defensible Space" means as defined in Section 4902 of the County's Consolidated Fire Code and described in Section 4907.
(j) "Developer" includes the owner of a project and the owner's partners, associates, employees, consultants, trustees or agents or any other persons who have any other business or financial relationship with the owner.
(k) "Director of PDS" means the Director of Planning & Development Services or anyone whom the Director has appointed or hired to administer or enforce this chapter.
(l) "Discretionary permit" means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval or denial. Projects with conceptual landscape plans approved during discretionary review shall be conditioned to submit a final Landscape Documentation Package.
(m) "Established landscape" means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.
(n) "Establishment period of the plants" means the first year after installing the plant in the landscape or the first two years if irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas may need three to five years for establishment, and trees, irrigated with a separately valved system, may require a minimum of five years.
(o) "Estimated total water use" (ETWU) means the estimated total water use in annual gallons per year for a landscaped area.
(p) "Evapotranspiration adjustment factor" (ETAF) means a factor of 0.42 for residential areas and non-residential areas that, when applied to reference evapotranspiration, adjusts for plant water requirements and irrigation efficiency, which are two major influences on the amount of water that is required for a healthy landscape. The ETAF for new and existing non-Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-modified landscapes is 0.48.
(q) "Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time period.
(r) "Exclusive Use Area" means all privately maintained Landscaped Areas within a single-family detached lot, or detached condominium lot.
(s) "Fire Hazard Severity Zone" means those geographical areas as described in Section 4902 of the County's Consolidated Fire Code.
(t) "Flow sensor" means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.
(u) "Friable" means a soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.
(v) "Graywater" means untreated wastewater that has not come into contact with toilet waste, kitchen sink waste, dishwasher waste or similarly contaminated sources. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs.
(w) "Grading" means any importation, excavation, movement, loosening or compaction of soil or rock.
(x) "Group Useable Open Space" means a contiguous space with no dimension less than 15' in length in any direction intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped/passive play areas, and greenbelts with pedestrian walkways, equestrian and bicycle trails. Narrow strips of landscape areas adjoining but projecting away from the space shall not be counted towards the group useable open space. Requirements for screening of the group open space cannot be counted as part of the group useable open space.
(y) "Hardscape" means any durable surface material, pervious or non-pervious.
(z) "Hydrozone" means a portion of the landscape area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
(aa) "Initial Outdoor Water Use Authorization" is achieved at time of Landscape Documentation Package approval, and prior to installation and submittal of the Certificate of Completion. This allows a property owner to proceed with installation of the landscape prior to final Outdoor Water Use Authorization being granted. This also allows those applicants utilizing the Outdoor Water Use Application Using Prescriptive Compliance Option form to install landscaping prior to submittal of the Certificate of Completion (Prescriptive Compliance Option). Single-family tract homes will be issued Initial Outdoor Water Use Authorization to the developer after approval of either a Landscape Documentation Package establishing the maximum applied water allowance for each applicable lot or Outdoor Water Use Application Using Prescriptive Compliance Option.
(bb) "Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and may damage environmental or economic resources.
(cc) "Irrigation audit report" means an in depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor, including a Qualified Water Efficient Landscaper. An irrigation audit includes, but is not limited to, inspection, system tune-up, system test with distribution uniformity or emission uniformity, soil moisture test/observation for drip and subsurface irrigation, reporting overspray or runoff that causes overland flow and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency "Watersense" labeled auditing program.
(dd) "Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this ordinance are 0.90 for point source drip, 0.85 for in-line emitter tubing or subsurface, 0.85 for bubblers, 0.75 for overhead rotator or precision nozzle spray devices, 0.70 for rotor, and 0.60 for all other spray nozzles.
(ee) "Landscaped area" means all the planting areas, including special landscape areas, turf areas (artificial or natural), and water features in a landscape design subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation). A landscape area may include design features adjacent to an area with vegetation when allowed under section 86.714.
(ff) "Landscape water meter" means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use. Flow sensors connected to an automatic irrigation controller may also function as a landscape water meter.
(gg) "Licensed landscape contractor" means a person licensed by the State of California as a specialty contractor in the C-27 or other category, to construct, maintain, repair, install or subcontract the development of a landscape system.
(hh) "Landscape design manual" means the manual, approved by the Director of Planning & Development Services, that establishes specific design criteria and guidance to implement the requirements of this chapter.
(ii) "Low head drainage" means a sprinkler head or other irrigation device that continues to emit water after the water to the zone in which the device is located has shut off.
(jj) "Low volume irrigation" means the application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip lines or bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(kk) "Major grading permit" means all grading activities requiring a grading permit from the County that are considered to be "major grading" within the scope of section 87.208 of the San Diego County Code of Regulatory Ordinances.
(ll) "Mass grading" means the movement of more than 5,000 cubic yards of soil by mechanical means to alter the topographic features of a site.
(mm) "Median" means an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.
(nn) "Minor grading permit" means all grading activities requiring a grading permit from the County that are considered to be "minor grading" within the scope of section 87.206 of the San Diego County Code of Regulatory Ordinances.
(oo) "Master shut-off valve" is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.
(pp) "Maximum Applied Water Allowance" (MAWA) means the upper limit of annual applied water measured in annual gallons for the established landscaped area as specified in Section 86.712. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor (0.42), and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].
(qq) "Modified landscape" means a deviation from an approved landscape plan, that results in a cumulative increase or decrease from the original approved plan in excess of 10 percent of the landscaped area; or, whether a landscape plan was previously approved or not, the re-landscaping of any property where the modified landscape area is 2,500 square feet or greater, requiring discretionary review or issuance of a building permit. Any property proposing re-landscaping of an existing area with a total aggregate landscape from 500 square feet to less than 2,500 square feet shall conform to the restrictions of the Prescriptive Compliance Option (Section 86.722) before a new building permit is issued or may elect to be compliant with the performance requirements of this ordinance.
(rr) "Mulch" means an organic material such as leaves, bark, straw, compost or inorganic mineral materials such as rocks, gravel or decomposed granite left loose and applied to the soil surface to reduce evaporation, suppress weeds, moderate soil temperature or prevent soil erosion. Mulch used in structural BMP basins shall be non-floating shredded hardwood.
(ss) "New construction" means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.
(tt) "Non-residential landscape" means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.
(uu) "Outdoor water use authorization" is granted by the County upon acceptance of the signed Water Use Application Using Prescriptive Compliance Form as per Section 86.706, or after a Landscape Documentation Package, as per Section 86.707 has been approved, landscape and irrigation has been installed, and a Certificate of Completion, per Section 86.725 has been accepted and approved.
(vv) "Overspray" means the water from irrigation that is delivered outside a targeted area.
(ww) "Parkway" as defined by the County's Public Road Standards, means the distance measured from the curb face, or edge of pavement where no curb is provided, to the property line of a road right-of-way. It may be planted or unplanted, and with or without pedestrian facilities.
(xx) "Passive Play" means an outdoor area designed, developed, and intended for low intensity recreational use by individuals, families, or small groups and may include landscaping, walkways, paths, trails, interpretive features, benches for seating, scattered picnic tables, and children's play areas.
(yy) "Pervious" means any surface or material that allows the passage of water through the material and into underlying soil.
(zz) "Plant factor" means a factor that when multiplied by the ETo, estimates the amount of water a plant needs. The plant factor range for very low water use plants is 0.0 to 0.1, the plant factor range for low water use plants is 0.2 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors used shall be from the publication "Water Use Classification of Landscape Species" (WUCOLS). Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).
(aaa) "Point to source drip" means the application type of irrigation water with a matched precipitation rate at low pressure through a system of tubing or lateral lines with a dedicated field-installed low volume emitter or emitters at each specific plant. The distribution uniformity of this type of irrigation generally does not exceed 90 percent.
(bbb) "Public water purveyor" means a public utility, municipal water district, municipal irrigation district or municipality that delivers water to customers.
(ccc) "Qualified Water Efficient Landscaper" (QWEL) means an individual recognized through the WaterSence labeled Professional Certification Program. Individuals with this certification can provide irrigation audit reports as per Section 86.725(e)(1).
(ddd) "Recreational area" means areas, excluding private single family residential areas, designated for active and passive play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds, greens, and group useable open space areas.
(eee) "Recycled water" means waste water as a result of treatment of waste, is suitable for direct beneficial use or a controlled use that would not otherwise occur and is regulated per Title 22 of the California Code of Regulations for various outdoor irrigation uses by either secondary or tertiary treatments.
(fff) "Reference evapotranspiration" (ETo) means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year and is an estimate of the evapotranspiration of a large field of four-inches to seven-inches tall, cool season grass that is well watered. Reference evapotranspiration is used as the basis of determining the MAWA so that regional differences in climate can be accommodated.
(ggg) "Residential landscape" means landscapes surrounding single or multifamily homes, and also includes residential structures within a mixed-use development.
(hhh) "Runoff" means water that is not absorbed by the soil or landscape to which it is applied and flows from the landscaped area.
(iii) "Special landscaped area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, vegetated BMPs, fuel modification zones as established by a fire protection plan, or water features using recycled water.
(jjj) "Structural BMP" means a subset of best management practices (BMP's) which detains, retains, filters, removes, or prevents the release of pollutants and control runoff discharge rates to surface waters from development projects in perpetuity, after construction of a project is completed. These BMP's can satisfy the requirements for Pollutant Control BMP's and Hydromodification BMP requirements for Priority Development Projects.
(kkk) "Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter. Flow sensors connected to an automatic irrigation controller may also function as a landscape water meter, provided they accurately measure and record water applied to the landscape.
(lll) "Subsurface irrigation" means an irrigation device with a delivery line and water emitters installed below the soil surface that emit small amounts of water into the soil to irrigate plant roots.
(mmm) "Tertiary treated recycled water" means water that has been through three levels of treatment including filtration and disinfection and meets California Code of Regulations, Title 22 standards for use as outdoor irrigation.
(nnn) "Transitional area" means a portion of a landscaped area that is adjacent to a natural or undisturbed area and is designated to ensure that the natural area remains unaffected by plantings and irrigation installed on the property.
(ooo) "Turf" means an irrigated groundcover surface of cool season or warm season mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are cool season grasses. Bermuda grass, kikuyu grass, seashore paspalum, St. Augustine grass, zoysias grass and buffalo grass are warm season grasses.
(ppp) "Water conserving plant species" means a plant species identified as having a very low or low plant factor.
(qqq) "Water feature" means a design element where open water performs an aesthetic or recreational function. A water feature includes a pond, lake, waterfall, fountain, artificial streams, spa and swimming pool where a public water purveyor provides water for the feature. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are used solely for water treatment or stormwater retention are not water features.
(rrr) "WUCOLS" means Water Use Classification of Landscape Species and refers to the most recent version of the Department of Water Resources publication authored by the University of California Cooperative Extension and the Department of Water Resources 2014.
(Amended by Ord. No. 10224 (N.S.), effective 10-25-12)
(a) The following projects in the unincorporated area of the County for which the County issues a building permit or a discretionary permit after the chapter's effective date shall be required to obtain an outdoor water use authorization as part of the permitting process:
(1) Any new construction where the aggregate landscaped area is 500 square feet or more.
(2) Any modified landscape that in the aggregate totals 2,500 square feet or more.
(3) A new single family residence served by a public water purveyor within the San Diego County Water Authority or the Borrego Water District. A new single family residence served by an on-site well shall require landscape review to be compliant with the landscape regulations but does not need to provide water budget calculations to a water purveyor per Section 86.711. As used in this subsection, a new single family residence does not include a single family residence that is being rebuilt after it was destroyed due to a declared natural disaster, such as a fire, earthquake, hurricane or tornado.
(4) A model home that includes a landscaped area, where the home is served by a public water purveyor within the San Diego County Water Authority or by the Borrego Water District.
(5) A project not included in categories (a)(1) through (a)(4) that requires a new minor or major grading permit and contains an area served by temporary or permanent irrigation.
(6) A cemetery.
(b) The following projects for which the County issues a building permit or a discretionary permit may comply with the performance requirements of this ordinance, or conform to the Prescriptive Compliance Option set forth in this chapter, unless otherwise required through discretionary review to submit a Landscape Documentation Package:
(1) Any project, including single-family lots within a residential subdivision, with an aggregate landscaped area from 500 square feet to less than 2,500 square feet.
(2) Any lot or parcel within a project with less than 2,500 square feet of an aggregate landscaped area that meets the Estimated Total Water Use (ETWU) requirements, found in Section 86.713 entirely with treated or untreated graywater, or through stored rainwater captured on site. These projects need only comply with the requirements of Section 86.722(a)(5) & (6).
(c) The following projects shall be exempt from the requirements of this chapter:
(1) A registered local, State or federal historical site, based on a determination by the Director of Planning & Development Services (Director of PDS) in consultation with the County Archeologist.
(2) An ecological restoration project that does not require a permanent irrigation system.
(3) A mined land reclamation project that does not require a permanent irrigation system.
(4) Existing plant collections included in a botanical garden or arboretum that is open to the public.
(5) All projects containing under 500 square feet of aggregate landscaped area.
(d) Sections 86.728(a) and 86.729 shall apply to the owners and occupants of all property in the unincorporated area of the County, whether or not the property is subject to a water use allocation. Existing landscape projects that were installed before the effective date of this chapter where the landscape area is greater than one acre shall also be subject to section 86.730(b).
(a) No person who constructs a project subject to sections 86.703(a) and (b) shall use water for irrigation or a water feature without the authorization required by this chapter.
(b) A person constructing a project subject to sections 86.703(a) and (b) shall obtain a water use authorization to provide water to a landscaped area as follows:
(1) A person applying for a building permit shall obtain a water use authorization from the County as part of the permitting process.
(2) A person applying for a discretionary permit shall submit a landscape concept plan with the discretionary permit application. As used in this chapter, a landscape concept plan means a drawing of the site where the project will be located that includes a representation of the site features, proposed plantings areas and the proposed method and type of irrigation.
(3) A person issued a discretionary permit shall obtain a water use authorization as part of the permitting process for each building permit or for each project segment that requires installation of a water meter or connection to an existing water meter.
(c) A water use authorization issued by the County shall establish the allowed MAWA for property on which a project that is subject to this chapter is located.
(d) Once the County establishes the MAWA for a property, no person shall exceed the MAWA on that property, unless the County agrees to modify the MAWA, as provided in section 86.724.
(e) Any person may examine the water use authorization establishing the MAWA for a property at the Department of Planning & Development Services during normal business hours.
(Amended by Ord. No. 10224 (N.S.), effective 10-25-12)
(a) The Director of PDS shall administer and enforce this chapter, except that the Director of PDS may refer an application for a water use authorization to the Director of Public Works, Director of Parks and Recreation or the Director of General Services for processing.
(b) The Director of PDS shall prepare a landscape design manual that provides guidance to applicants on how to comply with the requirements of this chapter. The manual shall also provide guidance for a person with an existing landscaped area on how to increase water use efficiency and avoid wasting water.
(Amended by Ord. No. 10224 (N.S.), effective 10-25-12)
An applicant for a building permit for a new single family residence or non-residential project subject to this chapter where the aggregate landscaped area of the project is greater than 500 square feet but less than 2,500 square feet shall, as a condition of obtaining a building permit, submit a Landscape Documentation Package or a landscape plan compliant with the Prescriptive Compliance Option in this chapter. The application process shall include establishing a MAWA for the project.
(a) Except as otherwise provided, an applicant for a building permit for a project described in section 86.703(a) shall submit a Landscape Documentation Package with the permit application.
(b) An applicant for a building permit for a project described in section 86.703(b) is eligible to conform to the Prescriptive Compliance Option specified in this chapter in lieu of submitting a Landscape Documentation Package.
(c) The Landscape Documentation Package required by subsection (a) shall contain the following:
(1) A project description that includes the date, project applicant, project location identified by address or parcel/lot number, total landscaped area in square feet, project type (e.g., new, modified, public, private, cemetery), water supply type (e.g., potable, recycled, well, graywater), checklist of all documents included in the Landscape Documentation Package, and project contacts for the applicant and property owner if different.
(2) A soil management report that complies with section 86.708 that analyzes soil composition within each landscaped area of the project.
(3) A landscaping and irrigation plan that complies with section 86.709 that describes the landscaping and irrigation for the project.
(4) A water efficient landscape worksheet that complies with section 86.711 that calculates the MAWA and the ETWU for the project.
(5) A grading design plan that complies with section 86.710 that describes the grading of the project.
(6) Evidence of compliance with section 86.718 for projects with model homes.
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