Del Mar Municipal Code Ch. 23.60 Water Efficient Landscapes

This Chapter shall be known as the "City of Del Mar Water Efficient Landscapes Ordinance."

(Ord. No. 842; Ord. No. 911)

A. It is the established policy of the City of Del Mar that all public and private users of water within the City shall use such water for reasonable purposes and in a reasonable and conscientious effort to conserve water.

B. Consistent with this established City Policy, and with the legislative findings of the State and pursuant to Government Code §§ 65596 et seq., the purpose of this Chapter is to:

1. Promote water conservation as a standard requirement of development within the City of Del Mar;

2. Promote the values and benefits of landscapes while recognizing the need to invest water and other resources as efficiently as possible;

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 as an upper limit for water use and reducing water use to the lowest practical amount;

6. Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies; and

7. Encourage the use of regional economic incentives that promote the efficient use of water.

C. To the degree that the requirements imposed in this Chapter are more stringent than the requirements contained in the State Building Standards Code, the requirements of this Chapter shall prevail and shall be applicable within the City.

Applied Water means the portion of water supplied by the irrigation. system to the landscape. For the purpose of this Chapter, applied water refers to any permanent, or semi-permanent, delivery method utilized in landscapes.

Authorized Enforcement Staff means any City employee assigned to duties involving permits and other City approvals, inspections, and enforcement related to this Chapter.

Authorized Enforcement Official means the City Manager or her/his designee.

Ecological Restoration Project means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

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.

ET Adjustment Factor (ETAF) is equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the Guidelines. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area.

Estimated Total Water Use means the total water used for the landscape as calculated on the Water Efficient Landscape Worksheet in Appendix B. This is based on factors such as reference evapotranspiration rate, the size of the landscaped area, plant water use factors, and the irrigation efficiency within each hydrozone.

Guidelines refers to the Water Efficient Landscapes: Guidelines for Implementation of the Water Efficient Landscape Ordinance, as adopted by the City, which describes procedures, calculations, and requirements for landscape projects subject to this Chapter. The Guidelines shall be amended as necessary by the City Manager or designee pursuant to Subsection 23.60.040.B. of this Chapter.

Hardscapes means any durable material or feature (pervious and non-pervious) installed in or around a landscaped area, such as pavements, walls, or artificial turf or similar materials. Pools and other water features are considered part of the landscaped area and not considered hardscape for purposes of this Water Efficient Landscape Ordinance.

Hydrozone means a portion of the landscaped area having plants with similar water needs. A hydrozone may be irrigated or non-irrigated.

Irrigation Audit means 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 tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation and implementation of an irrigation schedule.

Irrigation Efficiency means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency for purposes of this Water Efficient Landscape Chapter is 0.75. Greater irrigation efficiency can be expected from well designed and maintained systems.

Infiltration Rate means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

Landscaped area means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance and Estimated Total Water Use calculations. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscape, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

Landscape Documentation Package means the documents required to be provided to the City for review and approval of landscape design projects, as described in the Guidelines.

Landscape Project means total area of landscape in a project, as provided in the definition of landscaped area, meeting the applicability requirements of this Water Efficient Landscape Ordinance.

Low Impact Development (LID) means a storm water management and land development strategy that emphasizes conservation and the use of on-site natural features integrated with engineered, small-scale hydrologic controls to more closely reflect pre-development hydrologic functions. Any LID requirements must be consistent with the requirements and limitations of Chapter 11.30 of the Del Mar Municipal Code and the City's Jurisdictional Urban Runoff Management Program.

Maximum Applied Water Allowance (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 2.1.2 of the Guidelines. It is based upon the area's reference evapotranspiration, the ET Adjustment Factor, and the size of the landscaped area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance.

New Construction means, for the purposes of this Water Efficient Landscape Ordinance, a new building with a landscaped area or other new landscape project such as a park, playground, or greenbelt without an associated building. "New Construction" includes substantial remodels of existing structures of more than 50 percent valuation.

Non-pervious means any surface or natural material that does not allow for the passage of water through the material and into the underlying soil.

Overspray means the irrigation water which is delivered beyond the target area.

Pervious means any surface or material that allows the passage of water through the material and into the underlying soil.

Plant Factor or Plant Water Use Factor is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this Chapter, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 0.1 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 cited in this Chapter are derived from the Department of Water Resources 2000 publication "Water Use Classification of Landscape Species." 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).

Reference Evapotranspiration (ETo) means a standard measurement of environmental parameters which affect the water use of plants. ETo is given expressed in inches per day, month, or year as represented in the Guidelines, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances.

Rehabilitated Landscape means any re-landscaping project that requires a permit, plan check, or design review, meets the applicability criteria of this Chapter, where the modified landscape area is equal or greater than 2,500 square feet.

Recycled Water or Reclaimed Water means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

Runoff means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. Runoff from landscaped areas is subject to requirements and limitations of Chapter 11.30 of the Del Mar Municipal Code.

Special Landscape Area means an area of the landscape dedicated solely to edible plants such as orchards and vegetable gardens, areas irrigated with recycled water, water features using recycled water, and areas dedicated to active play such as parks, sports fields, and where natural turf provides a playing surface.

Turf means a ground cover surface of mowed grass, including but not limited to: annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, Tall fescue, Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Buffalo grass, as well as hybrid and mixed varietals.

Water Feature means a design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscaped area. Constructed wetlands used for on-site wastewater treatment, habitat protection or storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

WUCOLS means the Water Use Classification of Landscape Species published as "A Guide to Estimating Irrigation Water Needs of Landscape Plantings in California" by the University of California Cooperative Extension, the Department of Water Resources, and the Bureau of Reclamation, 2000. www.water.ca.gov/wateruseefficiency/docs/wucols00.pdf

A. Delegation of Authority. The City of Del Mar may designate another agency to implement some or all of the requirements contained in this Chapter.

B. Guidelines for Implementation. The City shall adopt guidelines for implementation of the Water Efficient Landscape Ordinance, which describe procedures, calculations, and requirements for landscape projects subject to this Chapter. The Guidelines shall be amended from time to time by the City Manager or designee.

C. Severability and Validity. If any section of this Chapter is declared invalid by a court of law, the remaining sections shall remain valid.

A. This Chapter shall apply to all of the following landscape projects:

1. New landscape installation projects with a project landscaped area, including pools or other water features but excluding hardscape, equal to or greater than 500 square feet, and which require a building permit, plan check, or design review;

2. Landscape rehabilitation projects with a landscape area, including pools or other water features but excluding hardscape, equal to or greater than 2,500 square feet requiring a building permit, plan check, or design review permit;

3. Cemeteries. Recognizing the special landscape management needs of cemeteries, in the event that a new cemetery is proposed within the City limits, requirements shall be limited to the provisions for education, water use analysis and landscape maintenance as outlined in this Chapter and the Guidelines;

4. For projects using treated or untreated graywater, recycled water or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater, recycled water or through stored rainwater captured on-site is subject only to Appendix D of the Guidelines—Prescriptive Compliance Option;

B. Existing landscapes limited to specific provisions for Existing Landscapes, including irrigation audits, water use analyses, and water waste prevention requirements only, as outlined in the Guidelines and/or this Chapter.

C. Landscape Rehabilitation Projects.

1. To be subject to the requirements of this Chapter, the modified landscaped area in a Landscape Rehabilitation Project must be greater than 2,500 square feet and represents at least 50 percent of the total landscaped area.

2. The requirements of this Chapter may be partially or wholly waived, at the discretion of the City Manager or his/her designee, for landscape rehabilitation projects that are limited to replacement plantings with equal or lower water needs and where the irrigation system is found to be designed, operable and programmed consistent with minimizing water waste in accordance with local regulations.

D. This Chapter does not apply to:

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.

A. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

B. The City of Del Mar shall provide information to the public regarding the design, installation, management, and maintenance of water efficient landscapes including, but not limited to the Guidelines, and work with other local agencies in promoting water saving practices.

A. Prior to installation, a Landscape Documentation Package, as set forth in the Guidelines, shall be submitted to the City for review and approval of all landscape projects subject to the provisions of this Water Efficient Landscape Ordinance. Any Landscape Documentation Package submitted to the City shall comply with the provisions set forth in the Guidelines.

B. The Landscape Documentation Package shall include a certification by a landscape design professional appropriately licensed in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the licensed professional and are certified to be in compliance with the provisions of this Water Efficient Landscape Ordinance and the Guidelines.

1. Landscape and irrigation plans shall be submitted to the City for review and approval with appropriate water use. Water use calculations shall be consistent with the method for calculation set forth in the Guidelines, and shall establish the maximum amount of water to be applied through the irrigation system, based on climate, landscape size, irrigation efficiency, and plant needs.

2. All projects shall consider the use of plants that are well-adapted to their particular site and to particular climatic, soil or topographic conditions. In particular, projects shall consider the use of water conserving plants, especially native varietals.

3. Landscaping plans shall provide for designs which minimize runoff, prevent excessive erosion, and include the use of mulches in shrub areas, garden beds, and landscaped areas where appropriate and feasible.

4. All Landscape Documentation Packages submitted to the City shall include provisions for landscape maintenance practices that foster long-term landscape water conservation. Landscape maintenance practices may include, but are not limited to, performing routine irrigation system repair and adjustments, conducting water audits, and prescribing the amount of water applied per landscaped acre.

C. Verification of compliance of the landscape installation with the approved plans shall be obtained through a Certification of Completion in conjunction with a Certificate of Use and Occupancy or other permit final process, as provided in the Guidelines.

A. Consistent with the requirements of the City's Stormwater Management and Discharge Control Ordinance and the City's Jurisdictional Urban Runoff Management Program, projects shall utilize low impact design (LID) methods where feasible, to capture and use stormwater on-site and improve water use efficiency.

B. Projects submitted shall include irrigation schedules based on climatic conditions, specific terrains and soil types, and other environmental conditions, and when feasible use automatic irrigation systems equipped with moisture sensors. All irrigation devices shall be required to meet local, State, and Federal laws and regulations regarding standards for water-conserving irrigation equipment.

C. Water waste resulting from inefficient landscape irrigation existing as runoff leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures is prohibited, and may be subject to enforcement pursuant to Del Mar Municipal Code Chapter 11.30 (Stormwater Management and Discharge Control).

D. Overspray may be allowed under the following circumstances:

1. All reasonable attempts to minimize overspray have been implemented; and

2. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

3. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping.

E. Where available, and feasible, a recycled water system meeting all public health code standards shall be utilized for decorative water features and irrigation systems.

1. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws; and

2. Landscapes using recycled water shall be considered "Special Landscape Areas" in any Landscape Documentation Package components.

3. A written exemption from this requirement may be granted by the City, or its designee. Such written exemption must state that recycled water meeting all public health codes and standards is not available and will not be available for the foreseeable future to the project site.

F. Landscape Documentation Packages for projects in Wildland-Urban Interface Areas shall address fire safety and prevention consistent with the requirements of Del Mar Municipal Code Section 10.04.175. All projects shall include defensible space or zones around a building or structure consistent with Public Resources Code § 4291(a) and (b), and shall be required to avoid fire-prone plant materials and highly flammable mulches.

A. Concealment, Misrepresentation and False Statements. Any falsification or misrepresentation made to the City concerning compliance with this Chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing such omission, and any withholding of information required to be submitted by or pursuant to this Chapter in order to delay City enforcement action, is a violation of this Chapter. Concealing a violation of the ordinance from which this Section derives is a violation of this Chapter.

B. Failure to Promptly Correct Non-compliance. Violations of this Chapter must be corrected with the time period specified by an Authorized Enforcement Official or Authorized Enforcement Staff. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this Chapter.

C. Administrative penalties may be imposed pursuant to Code of Regulatory Ordinances, Division 8, Title 1, Sections 18.101 et seq., hereby adopted by reference. Any later-enacted administrative penalty provision in the County Code shall also be applicable to this Chapter, unless otherwise provided therein.

D. Penalties and Remedies Not Exclusive. Penalties and remedies under this Chapter may be cumulative and in addition to other administrative, civil or criminal remedies.