SEC. 63.6. PROVISIONS FOR WATER EFFICIENT LANDSCAPES FOR NEW CONSTRUCTION AND LANDSCAPE…

(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.

(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)