Title. | |
Intent. | |
Definitions. | |
Applicability. | |
Regulation of Landscape Regulation of Landscape Irrigation Efficiency. | |
Regulation of Landscape Irrigation Efficiency. | |
Landscape Documentation. | |
Certificate of Landscape Completion. | |
Water Waste Prevention. | |
Irrigation Audits for Landscape Areas. | |
Enforcement. | |
Notes
| * | *Editor's note Ord. No. 301-10, File No. 101079, Approved December 3, 2010, repealed former Ch. 63, in its entirety, and enacted provisions designated as a new Ch. 63 to read as herein set out. Prior to inclusion of said ordinance, Ch. 63 pertained to limitations on water use for landscaping in new developments and landscaping renovations. |
The Board of Supervisors finds that:
(a) Irrigated landscapes contribute significantly to the quality of life of the people of San Francisco by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, and adding to the natural beauty of our commercial, industrial, and residential neighborhoods.
(b) San Francisco has been a leader in water conservation policy in California and currently has the lowest per capita use of water in the state. Our potable water supply is a vital public resource that faces ever increasing demands; and landscape design, installation, maintenance, and management can and should be water efficient.
(c) In 2006, the California Legislature passed and the Governor signed Assembly Bill 1881, the Water Conservation in Landscaping Act, which enacted Article 10.8 of the California Government Code requiring that local agencies adopt a water efficient landscape ordinance that meets water conservation criteria and standards adopted by the California Department of Water Resources.
(d) Adoption of this ordinance by the Board of Supervisors and adoption of regulations by the Public Utilities Commission will improve the effectiveness of the City's landscape water efficiency program and ensure compliance with the requirements of the State's Water Conservation in Landscaping Act.
(e) Consistent with these legislative findings, this ordinance will:
(1) Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;
(2) Encourage the use of climate appropriate and local California native plant species.
(3) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects;
(4) Establish provisions for water management practices and water waste prevention for existing landscapes;
(5) Use water efficiently without waste by setting a Maximum Applied Water Allowance, using state mandated formulas and accounting for local climatic conditions, that will serve as an upper limit for water use by irrigated landscapes; and
(6) Comply with the requirements of Article 10.8 of the California Government Code, enacted by the State as the Water Conservation in Landscaping Act.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010)
The terms used in this Chapter 63 have the meanings set forth below:
Certificate of landscape completion: the document required under Section 63.6.2.
Certified Landscape Irrigation Auditor: a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation auditor certification program and the Irrigation Association's Certified Landscape Irrigation Auditor program.
Ecological restoration project: a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.
First certificate of occupancy: either a temporary certificate of occupancy or a Certificate of Final Completion and Occupancy as defined in San Francisco Building Code Section 109A, whichever is issued first.
First construction document: the first building permit issued for a project or, in the case of a site permit, the first building permit addendum issued or other document that authorizes construction of the project. "First construction document" shall not include permits or addenda for demolition, grading, shoring, pile driving, or site preparation work.
General Manager: the General Manager of the Public Utilities Commission, or his or her designee.
Irrigation audit: an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system test with distribution uniformity or emission uniformity, precipitation rates, reporting deficiencies in the system, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. An irrigation audit may include suggested upgrades, current estimated water usage, and suggested system upgrades.
Landscape area: all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation, including any adjacent planted areas in the public right-of-way for which the property owner is responsible pursuant to Section 400.1 and Section 805 of the Public Works Code. The landscape area does not include footprints of buildings or structures unless the footprints include planted areas such as green roofs. The landscape area also does not include 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 such as open spaces and existing native vegetation.
Landscape documentation deadline: the date by which Tier 1 or Tier 2 documentation must be submitted for approval by the General Manager. This date shall be a specified number of days after the issuance of the first construction document as determined by the General Manager in consultation with the Department of Building Inspection.
Landscape rehabilitation project or rehabilitated landscape: includes any modifications to landscape areas over a 12-month period at a site that cumulatively exceeds 1,000 square feet. A landscape rehabilitation project or rehabilitated landscape does not include turf replacements on sports fields where the turf replaced provides a playing surface, routine weeding, brush removal where no new plant materials are installed, or seasonal plantings in areas dedicated solely to edible plants.
Low water use plants or climate appropriate plants: plants, shrubs, groundcovers or tree species that meet at least one of the following conditions:
(1) The species has a water use ranking of "low" or "very low" in Region 1 (North-Central Coast) as established in the California Department of Water Resources 2014 publication "Water Use Classification of Landscape Species" or subsequent editions as it may be updated.
(2) The species has a water use ranking of "no water," "little water," or "little to moderate water" in the climate zone for the planting location as established in the Sunset Western Garden Book, Ninth Edition, published by Oxmoor House on February 7, 2012 or subsequent editions as it may be updated.
(3) The plantings are part of an engineered stormwater management feature approved by the General Manager pursuant to the San Francisco Stormwater Management Requirements and Design Guidelines established by the Public Utilities Commission;
(4) The Department of Public Works, the Recreation and Park Department, or the General Manager has determined that the species, when watered for sufficient plant health and appearance, is low water use based on the agency's experience with the species, and the agency has added the species to the Low Water Use and Climate Appropriate Plant List maintained by the General Manager;
(5) The species appears on the San Francisco Street Tree Species List established by the Department of Public Works Bureau of Urban Forestry;
(6) The planting is part of a species test approved by the Department of Public Works or the Recreation and Park Department; or
(7) The species has been permitted at the site by the Department of Public Works or the General Manager based on wet soil conditions stemming from proximity to naturally occurring water features such as a high water table, springs, ponds, lakes, creeks, and wetlands.
Maximum Applied Water Allowance: the amount of annual applied water established by the Public Utilities Commission for a landscaped area, using State mandated formulas and accounting for local climatic conditions, that serves as an upper limit for lawful water use for irrigating landscaped areas.
New construction landscape project: the total area of landscape in the project as defined in landscape area, and the modified landscape area for a landscape rehabilitation project.
Project applicant: the person or entity applying for approval of a landscape project for a new construction project or a landscape rehabilitation project. A project applicant may be the property owner or his or her designee.
Property Owner: the legal owner of a property.
Special landscape area: an area of the landscape dedicated solely to edible plants, recreational areas, and water features and irrigated areas using all or part of non-potable water.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010; amended by Ord. 24-16, File No. 151251, App. 3/4/2016, Eff. 4/3/2016)
(a) This Chapter 63 shall apply to the following:
(1) Tier 1: All public agency, residential, and commercial rehabilitated landscape projects with a modified landscape area equal to or greater than 1,000 square feet and less than 2,500 square feet;
(2) Tier 2: All public agency, residential and commercial new construction landscape projects with a landscape area equal to or greater than 500 square feet; and landscape rehabilitation projects with a modified landscape area equal to or greater than 2,500 square feet;
(3) The irrigation and maintenance of any landscape irrigation system in the City and County of San Francisco.
(b) This Chapter 63 does not apply to:
(1) Registered local, State, or Federal historical sites where the landscape is maintained as part of the historical integrity of the site;
(2) Ecological restoration projects that do not require a permanent irrigation system; and
(3) Plant collections or animal habitat areas, as part of botanical gardens, zoological gardens, and arboretums, open to the public.
(c) The General Manager may waive some or all of the requirements of this Chapter 63 if, based on a site inspection, the General Manager determines that compliance is not feasible.
(d) A process for document submissions and approvals pursuant to Section 63.6.1 will be developed by the General Manager in conjunction with the Department of Building Inspection, with the purpose of administrative efficiency and effective customer service.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010; amended by Ord. 24-16, File No. 151251, App. 3/4/2016, Eff. 4/3/2016)
(a) Landscape projects shall be installed, constructed, operated, and maintained in accordance with this Chapter 63 and the rules and regulations adopted by the Public Utilities Commission that establish limits on water consumption for the purpose of irrigating landscape areas that are part of new construction, landscape rehabilitation projects, and existing landscapes.
(b) Landscape projects shall be planted and irrigated efficiently by complying with water efficient design and operation requirements developed by the General Manager, including but not limited to the use of low water use plants or climate appropriate plants, restrictions on turf areas over 25% of the total landscaped area or on steep slopes, irrigation system audits, and regular irrigation scheduling and maintenance practices.
(c) All landscape projects shall not exceed a Maximum Applied Water Allowance using the formulas developed by the General Manager for local climate conditions within the City and County of San Francisco.
(d) Landscape areas irrigated with non-potable water may have a Maximum Applied Water Allowance that exceeds those for landscapes irrigated with potable water.
(e) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives as defined in Section 1351 of the California Civil Code, shall not prohibit or include conditions that have the effect of prohibiting the use of low water use plants as a group.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010; amended by Ord. 24-16, File No. 151251, App. 3/4/2016, Eff. 4/3/2016)
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