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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)
(a) Tier 1: Beginning on the effective date of the amendments to this Chapter 63*, project applicants for all public agency, commercial, and residential landscape rehabilitation projects, with a modified landscape area equal to or greater than 1,000 square feet and less than 2,500 square feet, shall comply with this Chapter 63 and the rules and regulations adopted by the Public Utilities Commission.
(b) Tier 2: Beginning on the effective date of the amendments to this Chapter 63*, project applicant for all public agency, commercial, and residential new construction landscape projects with a landscape area equal to or greater than 500 square feet; landscape rehabilitation projects with a modified landscape area equal to or greater than 2,500 square feet; or a project under Tier 1 with a turf limitation exceeding 25% of the landscape area, shall comply with this Chapter 63 and the rules and regulations adopted by the Public Utilities Commission.
(c) Beginning January 1, 2016, property owners maintaining a total irrigated landscape of 10 acres or greater may submit compliance plans for approval by the General Manager that support a programmatic approach to compliance with this Chapter 63, rather than through the review and approval of individual landscape rehabilitation projects.
(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)
*Editor's Notes:
The phrase "the effective date of the amendments to this Chapter 63" was added to divisions (a) and (b) of this section by Ord. 24-16, effective 4/3/2016.
That ordinance further provides that "In amending the effective dates of the amendments stated in Section 63.6 . . . , this ordinance does not intend to change the legal obligations created by Section 63.6 from January 1, 2011 forward, except to the extent that changes in the legal obligations created by this ordinance shall become operative as of the amended dates stated in Section 63.6." See Ord. 24-16 § 3.
The phrase "the effective date of the amendments to this Chapter 63" was added to divisions (a) and (b) of this section by Ord. 24-16, effective 4/3/2016.
That ordinance further provides that "In amending the effective dates of the amendments stated in Section 63.6 . . . , this ordinance does not intend to change the legal obligations created by Section 63.6 from January 1, 2011 forward, except to the extent that changes in the legal obligations created by this ordinance shall become operative as of the amended dates stated in Section 63.6." See Ord. 24-16 § 3.
(a) Tier 1 project applicants' documentation shall be submitted for approval to the General Manager not later than the landscape documentation deadline. Tier 1 documentation shall include a project checklist describing the proposed landscape project, the selection of low water use plants or climate appropriate plants, water efficient irrigation system components, and other applicable project information as determined by the General Manager.
(b) Tier 2 project applicants' documentation shall be submitted for approval to the General Manager not later than the landscape documentation deadline. Tier 2 documentation shall include a Landscape Documentation Package describing the proposed landscape project that includes a landscape plan, irrigation plan, soil management report, grading plan, the calculation of the Maximum Applied Water Allowance, and other applicable project information as determined by the General Manager.
(c) If complete documentation for Tier 1 or Tier 2 compliance has not been submitted to the General Manager on or before the landscape documentation deadline, an address restriction shall be placed on the property such that no further construction permits or addenda shall be issued and no further inspections by the Department of Building Inspection shall occur, unless and until all landscape documentation, developed in accordance with the provisions of this chapter and the Public Utilities Commission's rules and regulations has been submitted to the General Manager for approval.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010)
(a) Upon completion of a new construction landscape project or rehabilitated landscape project that requires the submittal of landscape documentation pursuant to Section 63.6.1, the project applicant shall submit a Certificate of Landscape Completion for review and approval by the General Manager.
(b) No City department shall approve or issue a first certificate of occupancy or landscape project completion authorization or approval for any site where Tier 1 or Tier 2 compliance is required, unless and until the landscape documentation pursuant to Section 63.6.1 and a Certificate of Landscape Completion, developed in accordance with the provisions of this chapter and the Public Utilities Commission's rules and regulations, has been approved by the General Manager. The General Manager may authorize issuance of a first certificate of occupancy prior to approval of a Certificate of Landscape Completion, subject to conditions determined by the General Manager.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010)
(a) This section shall apply to all landscaped areas in the City and County of San Francisco.
(b) Water runoff leaving the landscape area due to low head drainage, overspray, broken irrigation hardware, or other similar conditions where water flows onto adjacent property, walks, roadways, parking lots, structures, or non-irrigated areas designated for non-development such as open spaces and existing native vegetation, is prohibited.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010)
(a) When required by the General Manager, the project applicant or property owner, whichever is deemed appropriate by the General Manager, shall conduct an irrigation audit through a certified landscape irrigation auditor.
(1) Following the findings and recommendations of the certified landscape irrigation auditor, the project applicant or property owner shall perform adjustments to the irrigation usage, irrigation hardware, or landscape materials to reduce irrigation water use and to bring the irrigation systems in compliance with the applicable Maximum Applied Water Allowance, as directed by the General Manager.
(Added by Ord. 301-10, File No. 101079, App. 12/3/2010)
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