§ 18.144

If at any time during the school year the board of education of the Morgan Hill Unified School District finds that overcrowding exists within the district which impairs the normal functioning of educational programs, and that all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing such conditions exists, the board of education of the Unified School District shall so notify the city council.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.144.020 - Notice of findings—Contents.

The notice of findings shall be in the form of a resolution by the board of education of the Morgan Hill Unified School District specifying:

A.

The school or schools found to be overcrowded, including a map of the attendance area;

B.

The criteria used by the board of education to determine overcrowding;

C.

The various methods of mitigating conditions considered by the board of education, including:

1.

Temporary buildings,

2.

Busing,

3.

Double sessions,

4.

Extended day programs,

5.

Year-round school attendance,

6.

Open enrollment,

Attendance area realignment,

Elimination of low-priority uses at impacted schools.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.144.030 - Notice of findings—Public hearing—Expiration and renewal.

A.

The city council shall set a public hearing within thirty days of receipt of such notice of findings by the board of education of the Morgan Hill Unified School District. Following completion of the public hearing, the city council shall adopt a declaration of impaction if it concurs with the findings of the board of education that conditions of overcrowding exist.

B.

"Conditions of overcrowding" means that the total enrollment of a school, including enrollment from proposed development, exceeds the capacity of such school, as determined by the board of education of the district.

C.

The declaration of impaction automatically expires one year from date of adoption unless application for renewal is made by the board of education. Application for renewal shall be processed and acted upon in the same manner as the original notice of findings.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.144.040 - Mitigating measures—Submittal required.

A.

Together with its notice of findings, the board of education shall submit the range of mitigating measures available to an applicant for a building permit. The specific mitigating measures shall be based upon the following:

1.

That any dedication of land or fees to be paid, or both, as determined by the board of education, shall bear a reasonable relationship and will be limited to the needs of the community for interim school facilities;

Shall be reasonably related and limited to the need for school facilities caused by the development.

B.

Fees shall not exceed the amount necessary to pay five annual lease payments for the interim facilities.

C.

Only the payment of fees may be required in subdivisions containing fifty parcels or less.

D.

In lieu of fees, the builder of a residential development may, at his/her option and at his/her expense, provide interim facilities, owned or controlled by such builder, at the place designated by the school district, and at the conclusion of the fifth year, the builder shall, at the builder's expense, remove the interim facilities from such place. Facilities provided under this section shall:

1.

Meet all the standards of safety, access, durability, aesthetics and usability required of other district facilities;

2.

Conform with all building requirements of the district, city, county and state;

3.

Be maintained by the builder pursuant to district standards;

4.

Be insured to the level of insurance carried by the district, including liability, fire, allied perils, and vandalism;

5.

Be energy-efficient;

6.

Be provided within ninety days of request by the district;

7.

Be removed within sixty days of a request by the district, with the site restored to its original condition. Further, the builder shall be responsible for all damages suffered by the district in the installation, operation and removal of such facilities.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Upon the adoption of a declaration of impaction by the city council, all persons applying for a building permit to construct a new residential structure, or move a residential structure into the city, shall be required to dedicate land or pay an appropriate fee to mitigate any potential impact cause by such development. "Residential structure" shall include mobile homes.

B.

Based upon the recommendations of the board of education and the criteria in Section 18.144.040, the city council shall adopt the mitigation measures to be applied and/or set the mitigation fee by resolution.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

The responsibility for assuring that actions are taken to obtain compliance with the mitigation measures and/or collect mitigation fees shall be the responsibility of the Morgan Hill Unified School District, in accordance with the provisions outlined within this chapter. The district shall issue to each developer, meeting his/her obligation of mitigation, a letter so stating. The city shall issue the building permit only upon receipt of a copy of the letter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Prior to August 1st of each year, the district shall submit to the city council a report indicating:

A.

The mitigation fee fund balance as of the close of the previous fiscal year, showing income from each jurisdiction;

B.

A listing of the facilities leased, purchased and constructed during the previous fiscal year;

C.

The identification of those attendance areas which are anticipated to be overcrowded at the beginning of the fall semester, and the anticipated date when the overcrowding will no longer exist.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.144.080 - Prior agreements not affected.

The adoption of the ordinance codified in this chapter shall not be construed as to change any agreements currently in effect between a developer and the Morgan Hill Unified School District.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.144.090 - Waiver of mitigation fees—Conditions.

A.

Any applicant for a building permit may request of the board of education of the Morgan Hill Unified School District that all or a portion of the fee be waived.

B.

Following a public hearing on the request for waiver, the board of education may, upon finding overriding economic or personal hardship, waive all or a portion of the mitigating fees, and so notify the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Chapter 18.148 - WATER CONSERVATION[[3]]

Footnotes:

--- ( 3 ) ---

Note— The appendices referenced in Ch. 18.148 are not set out herein at length, but are on file and available for public inspection in the offices of the city.

18.148.010 - Title.

This chapter shall be known as the city of Morgan Hill water conservation in landscaping ordinance.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.020 - Applicability.

A.

The provisions of this ordinance shall apply to all of the following landscape projects:

1.

New construction projects with an aggregate landscape area equal to or greater than five hundred square feet requiring a building or landscape permit, plan check or design review,

2.

Rehabilitated landscape projects with an aggregate landscape area equal to or greater than one thousand square feet requiring a building or landscape permit, plan check, or design review;

Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2, Title 23 of the California Code of Regulations; all other existing landscapes shall only be subject to the provisions for existing landscapes provided for in Section 18.148.210, "Provisions for existing landscapes over one acre in size".

4.

Cemeteries. New and rehabilitated cemeteries shall only be subject to the provisions of Section 18.148.080, "Water budget calculations", Section 18.148.130, "Landscape audit report", and Section 18.148.150, "Landscape and irrigation maintenance schedule." Existing cemeteries are limited to Section 18.148.210, "Provisions for existing landscapes over one acre in size."

B.

Any project with an aggregate landscape area of two thousand five hundred square feet or less may comply with the performance requirements of this ordinance or conform to the prescriptive measures contained in Appendix D.

C.

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix D, Section B.5.

D.

This ordinance does not apply to:

1.

New construction with irrigated landscape areas less than five hundred square feet;

2.

Rehabilitated landscapes with irrigated landscape areas less than one thousand square feet;

3.

Landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service;

4.

Landscapes, or portions of landscapes, that are designed to be only irrigated for an establishment period of one to three years and will not be irrigated after the establishment period;

5.

Registered local, state or federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation;

6.

Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or

7.

Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.030 - Definitions.

A.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1.

"Applied water" means the portion of water supplied by the irrigation system to the landscape.

2.

"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 data.

3.

"Backflow prevention device" means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

4.

"Certificate of completion" means the document required under Section 492.9.

5.

"Certified irrigation designer" means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency's WaterSense irrigation designer certification program and irrigation association's certified irrigation designer program.

6.

"Certified landscape irrigation auditor" means 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 irrigation association's certified landscape irrigation auditor program.

7.

"Check valve" or "anti-drain valve" means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

8.

"Common interest developments" means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

9.

"Compost" means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

10.

"Conversion factor (0.62)" means the number that converts acre-inches per acre per year to gallons per square foot per year.

11.

"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.

12.

"Drip irrigation" means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

13.

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

14.

"Effective precipitation" or "usable rainfall" (Eppt) means the portion of total precipitation which becomes available for plant growth.

15.

"Emitter" means a drip irrigation emission device that delivers water slowly from the system to the soil.

16.

"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.

"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 and trees may need three to five years for establishment.

18.

"Estimated total water use" (ETWU) means the total water used for the landscape as described in Section 18.148.080.

19.

"ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

20.

"Evapotranspiration rate" means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

21.

"Flow rate" means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

22.

"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.

23.

"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.

24.

"Fuel modification plan guideline" means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

25.

"Graywater" means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from

contamination by unhealthful processing, manufacturing, or operating wastes. "Graywater" includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwashers. Health and Safety Code Section 17922.12.

26.

"Hardscapes" means any durable material (pervious and non-pervious).

27.

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

28.

"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).

29.

"Invasive plant species" means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

30.

"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 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.

31.

"Irrigation efficiency" (IE) 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 irrigation efficiency for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.

32.

"Irrigation survey" means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

"Irrigation water use analysis" means an analysis of water use data based on meter readings and billing data.

34.

"Landscape architect" means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

35.

"Landscape area" means all the planting areas, turf areas, and water features in a landscape design plan 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 nondevelopment (e.g., open spaces and existing native vegetation).

36.

"Landscape contractor" means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

37.

"Landscape documentation package" means the documents required under Section 18.148.040.

38.

"Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter, meeting requirements under Section 18.148.020.

39.

"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.

40.

"Lateral line" means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

41.

"Local agency" means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance. The local agency is also responsible for the enforcement of this ordinance, including but not limited to, approval of a permit and plan check or design review of a project.

42.

"Local water purveyor" means any entity, including a public agency, city, county, or private water company that provides retail water service.

43.

"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, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

44.

"Low water use plant" means a plant species whose water needs are compatible with local climate and soil conditions. Species classified as "very low water use" and "low water use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be considered low water use plants.

45.

"Main line" means the pressurized pipeline that delivers water from the water source to the valve or outlet.

46.

"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.

47.

"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in Section 18.148.090. It is based upon the area's reference evapotranspiration, the ET adjustment factor, 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)]

48.

"Median" is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

49.

"Microclimate" means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

50.

"Microspray" means a microirrigation emission device with one or more orifices to convert irrigation water pressure to water discharge with a flow rate not to exceed thirty gallons per hour at the largest area of coverage available for the nozzle series when operated at thirty psi. Microsprays are inclusive of microbubbers, microspinners, and microspray jets.

"Mined-land reclamation projects" means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

52.

"Mulch" means any 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 for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

53.

"Native plant" means a plant indigenous to a specific area of consideration. For the purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of Central and Northern California, and more specifically to such plants that are suited to the ecology of the present or historic natural community(ies) of the project's vicinity.

54.

"New construction" means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

55.

"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 and multifamily homes where landscaping is managed by a homeowners association or other common interest development.

56.

"No-water using plant" means a plant species with water needs that are compatible with local climate and soil conditions such that regular supplemental irrigation is not required to sustain the plant after it has become established.

57.

"Operating pressure" means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

58.

"Overhead sprinkler irrigation systems" or "overhead spray irrigation systems" means systems that deliver water through the air (e.g., spray heads and rotors).

59.

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

"Parkway" means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

61.

"Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes.

62.

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

63.

"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 ordinance, 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 ordinance are derived from the 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).

64.

"Project applicant" means the individual or entity submitting a landscape documentation package required under Section 18.148.040, to request a permit, plan check, or design review from the local agency. A project applicant may be the property owner or his or her designee.

65.

"Rain sensor" or "rain sensing shutoff device" means a component which automatically suspends an irrigation event when it rains.

66.

"Record drawing" or "as-builts" means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

67.

"Recreational area" means areas, excluding private single family residential areas, designated for active play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters or golf course tees, fairways, roughs, surrounds and greens.

68.

"Recycled water," "reclaimed water," or "treated sewage effluent water" means treated or recycled waste water or reused water of a quality suitable for nonpotable uses such as landscape irrigation and water

features. This water is not intended for human consumption.

69.

"Reference evapotranspiration" or "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 as represented in Appendix A, and is an estimate of the evapotranspiration of a large field of four- to seven-inch tall, coolseason grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowances so that regional differences in climate can be accommodated.

70.

"Regional water efficient landscape ordinance" means a local ordinance adopted by two or more local agencies, water suppliers and other stakeholders for implementing a consistent set of landscape provisions throughout a geographical region. Regional ordinances are strongly encouraged to provide a consistent framework for the landscape industry and applicants to adhere to.

71.

"Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 490.1, and the modified landscape area is equal to or greater than two thousand five hundred square feet.

72.

"Residential landscape" means landscapes surrounding single family homes or multifamily homes where landscapes are managed by individual homeowners.

73.

"Run off" means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, run off may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

74.

"Soil moisture sensing device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

75.

"Soil texture" means the classification of soil based on its percentage of sand, silt, and clay.

76.

"Special landscape area" (SLA) means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

77.

"Sprinkler head" or "spray head" means a device which delivers water through a nozzle.

78.

"Static water pressure" means the pipeline or municipal water supply pressure when water is not flowing.

79.

"Station" means an area served by one valve or by a set of valves that operate simultaneously.

80.

"Swimming pool" means any structure intended for swimming, recreational bathing or wading that contains water over twenty-four inches (six hundred ten millimeters) deep. This includes in-ground, above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.

81.

"Swing joint" means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

82.

"Submeter" means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

83.

"Turf" means a ground cover surface of 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, zoysia grass, and buffalo grass are warm-season grasses.

84.

"Valve" means a device used to control the flow of water in the irrigation system.

85.

"Water conserving plant species" means a plant species identified as having a very low or low plant factor.

86.

"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 landscape area. Constructed wetlands used for on-site wastewater treatment or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

"Watering window" means the time of day irrigation is allowed.

88.

"WUCOLS" means the current version of the Water Use Classification of Landscape Species current edition published by the University of California Cooperative Extension and the Department of Water Resources, available at: http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.040 - Water conservation in landscaping ordinance requirements.

A.

All owners of new construction and rehabilitated landscapes of applicable sizes shall: (1) complete the landscape project application and documentation package (Section 18.148.060) and (2) comply with the landscape and irrigation maintenance schedule (Section 18.148.150) requirements of this chapter.

B.

All owners of existing landscapes over one acre in size, even if installed before enactment of this chapter, shall: (1) comply with local agency programs that may be instituted relating to irrigation audits, surveys and water use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and runoff.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.050 - Compliance with chapter.

A.

The local agency shall:

1.

Provide the project applicant with the ordinance and landscape project application and documentation package requirements and the procedures for permits, plan checks, design reviews, or new or expanded water service;

2.

Review the landscape project application submitted by the project applicant;

3.

Approve or deny the project applicant's landscape project application submittal;

4.

Issue or approve a permit, plan check or design review that complies with the approved landscape project application or approve a new or expanded water service application that complies with the approved landscape project application;

5.

Submit a copy of the complete landscape project application to the local water purveyor or land use authority, as the case may be.

B.

The project applicant shall:

1.

Prior to construction, submit all portions of the landscape project application, except the landscape audit report, to the local agency; and

2.

Upon approval of the landscape project application by the local agency:

a.

Receive a permit or approval of the plan check or design review and record the date of the permit in the certificate of completion;

b.

Submit a copy of the approved landscape documentation package along with the record drawings, and any other information to the property owner or his/her designee; and

c.

Submit a copy of the water efficient landscape worksheet to the local water purveyor.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.060 - Landscape project application and documentation package.

A.

The elements of a landscape must be designed to achieve water efficiency and will comply with the criteria described in this chapter. In completing the landscape project application, project applicants may choose one of two options to demonstrate that the landscape meets the ordinance's water efficiency goals. Regardless of which option is selected, the applicant must complete and comply with all other elements of the ordinance. The options include:

1.

Planting restrictions:

a.

The landscape areas may include no turf or high-water using plants; and

b.

At least eighty percent of the plants in landscape areas shall be native plants, low-water using plants, or no-water using plants; or the

2.

Water budget calculation option (Section 18.148.080).

B.

The landscape project application shall include the following elements:

1.

Project information:

a.

Date;

b.

Project applicant;

c.

Project address (if available, parcel and/or lot numbers);

d.

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed);

e.

Total landscape area (square feet);

f.

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;

g.

Checklist of all documents in landscape documentation package;

h.

Project contacts to include contact information for the project applicant and property owner;

i.

Applicant signature and date with statement, "I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete landscape documentation package."

2.

Water budget calculations, if applicant selects to use a water budget approach rather than comply with the turf area limitations or specified plant type restrictions (Section 18.148.080);

3.

Soil management report or soil management survey (Section 18.148.080);

4.

Landscape design plans (Section 18.148.090);

5.

Irrigation system design plans (Section 18.148.100);

6.

Landscape audit report (Section 18.148.130); and

7.

Grading design plan or grading design survey (Section 18.148.110).

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

18.148.070 - Soil management report.

A.

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or his/her designee, or the applicant shall complete a soil management survey (Appendix E). The soil management report shall be completed as follows:

1.

Submit soil samples to a laboratory for analysis and recommendations.

a.

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

b.

The soil analysis shall include:

(1)

soil texture;

(2)

infiltration rate determined by laboratory test or soil texture infiltration rate table;

(3)

pH;

(4)

total soluble salts;

(5)

sodium

(6)

percent organic matter; and

(7)

recommendations.

c.

In projects with multiple landscape installations (i.e. production home developments) a soil sampling rate of one in seven lots or approximately fifteen percent will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one in seven lots.

2.

The project applicant, or his/her designee, shall comply with one of the following:

a.

If significant mass grading is not planned, the soil analysis report shall be submitted to the local agency as part of the landscape documentation package; or

b.

If significant mass grading is planned, the soil analysis report shall be submitted to the local agency as part of the certificate of completion.

3.

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

The project applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations to the local agency with certificate of completion.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)