HomeMy WebLinkAboutMC-1368
'Adopted:
Effective:
January 9, 2012
February 8, 2012
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ORDINANCE NO. MC-1368
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING CHAPTER 17.07 AND AMENDING CHAPTER 19.28 OF
THE MUNICIPAL CODE TO UPDATE PLAN REVIEW PROCEDURES AND WATER
CONSERV A nON STANDARDS.
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The Mayor and Common Council of the City of San Bernardino do ordain as follows:
WHEREAS, the State Legislature has found that the waters of the State of California are of
limited supply; and
WHEREAS, the State Legislature has also found that landscapes are essential to the quality of
life in California, by providing areas for active and passive recreation and as an enhancement to the
environment by cleaning the air and water, preventing erosion, offering fire protection, and replacing
ecosystems lost to development; and
WHEREAS, it is the policy of the City of San Bernardino to promote water conservation and to
continually monitor and improve water conservation efforts to ensure effective protection of water
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resources; and
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WHEREAS, on January 4, 2010, the Mayor and Common Council unanimously adopted
Ordinance No. MC-1320 as an ordinance adding the Water Efficient Landscaping Ordinance to Chapter
17.07 of the Municipal Code; and
WHEREAS, on November 16, 20 II, the Planning Commission of the City of San Bernardino
conducted a noticed public hearing to receive and consider public testimony and a staff report
recommending the proposed amendments to the Municipal Code, and recommended that the Mayor and
Common Council adopt the amendments as proposed; and
WHEREAS, on December 19, 2011, the Mayor and Common Council of the City of San
Bernardino conducted a noticed public hearing to receive and consider public testimony and a staff
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report recommending the proposed amendments to the Municipal Code.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the above-stated Recitals are true and
hereby adopts and incorporates them herein.
~ MC-1368
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SECTION 2. This Ordinance is based upon the recitals and findings set forth above, as
supported by the accompanying Staff Report and attachments, including Exhibit A, which is attached
hereto and incorporated herein, and this Ordinance is hereby adopted pursuant to the authority granted to
the Mayor and Common Council of the City of San Bernardino in Article II, Section 7 of the California
Constitution, California Government Code Section 65595, and Sections 30 and 40(z) of the Charter of
the City of San Bernardino.
SECTION 3. San Bernardino Municipal Code Chapter 17.07 is repealed its contents relocated to
Section 19.28.110, as shown on Exhibit A.
SECTION 4. San Bernardino Municipal Code (Development Code) Chapter 19.28,
"Landscaping Standards" is hereby amended as shown on Exhibit A.
SECTION 5. Compliance with the California Environmental Quality Act. The Mayor and
Common Council finds that this Ordinance is exempt from the California Environmental Quality Act
(CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, the general rule that an activity that
will not result in a direct or reasonably foreseeable indirect physical change in the environment is
exempt.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, or clause or phrase
in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective
by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the
remaining portions of this Ordinance or any part thereof. The Mayor and Common Council hereby
declares that it would have adopted each section irrespective of the fact that anyone or more
subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or
ineffective.
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MC-1368
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO REPEALING CHAPTER 17.07 AND AMENDING CHAPTER 19.28 OF
THE MUNICIPAL CODE TO UPDATE PLAN REVIEW PROCEDURES AND WATER
CONSERV A nON STANDARDS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Council
of the City of San Bernardino at a joint regular meeting thereof, held on the 9th day of
January , 2012 by the following vote, to wit:
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COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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8 MARQUEZ X
9 JENKINS x
10 BRINKER X
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SHORETT X
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KELLEY X
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]4 JOHNSON X
15 MC CAMMACK X
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f(adJ -0 ~ t:;:
Rachel Clark, City Clerk '. ~ ~
The foregoing Ordinance is hereby approved this ~ay of Janua~ ,2012
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~~or
City 0 San Bernardino
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Approved as to form:
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JAMES F. PENMAN
City Attoorey
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MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
Section
19.28.010
19.28.020
19.28.030
19.28.040
19.28.050
19.28.060
19.28.070
19.28.080
19.28.090
19.28.100
19.28.110
19.28.120
Tables
19.28.01
Guidelines
CHAPTER 19.28
LANDSCAPING STANDARDS
Page
Purpose .......................................................... ................................................... I1I-19.28-1
Application .......................... ............................................................................. I1I-19.28-2
General Regulations...................................... ................................................... 111- J 9.28-2
Screening Requirements .................................................................................. III-I 9 .28-4
Setback and Parkway Treatment Standards.................................................... I1I-19.28-7
Comer Treatment Standards............................................................................ III-I 9 .28-8
Installation of Landscaping...... ........................................................................ 111- J 9.28-8
Maintenance of Landscaping..................................................... ...................... I1I- J 9.28-8
Removal or Destruction of Trees .................................................................... I1I-19.28-9
Erosion Control Landscaping.......................................................................... III-I 9 .28-9
Water Efficient Landscaping Standards ......................................................... Ill-J9.28-9
Applicable Requirements ................................................................................ Ill- J 9.28-1 J
Screening Requirements .................................................................................. III-I 9 .28-5
G 19.28.130 Landscape Design Guidelines ......................................................................... I1I-G 19.28- J
19.28.010 PURPOSE
The purpose ofthis Chapter is to establish landscaping regulations that are intended to:
I. Enhance the aesthetic appearance of development in all areas of the City by providing
standards relating to quality, quantity and functional aspects of landscaping and landscape
screening.
2. Increase compatibility between residential and abutting commercial and industrial land uses.
3. Reduce the heat and glare generated by development.
4. Protect public health, safety, and welfare by minimizing the impact of all forms of physical
and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the
integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.
5. Water is an increasingly and costly resource. It is the intent of this chapter to establish a water
conservation plan to reduce water consumption in the landscape environment by using
drought tolerant principals. MC 871 5/2/93
III-19.28-1
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
19.28.020 APPLICATION
A concept landscaping plan shall be submitted as part of a permit application, pursuant to Chapter
] 9.32 (Applications and Fees).
The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which
adequately demonstrates the desired landscaping program in terms of location, size/scale, function,
theme and similar attributes. The concept plan shall provide the review authority with a clear
understanding of the landscaping program prior to the preparation of a detailed, comprehensive
landscaping plan.
19.28.030 GENERAL REGULATIONS
The comprehensive landscaping plan shall be prepared following approval of the permit application
by the review authority. Submittal of the comprehensive plan shall be concurrent with the grading
planes) and other documents and reports. This section and those that follow provide the regulations
to be followed in the preparation of the comprehensive landscape program.
In addition to the following regulations, the Director of Community Development shall have the
discretion to determine the conforrnance of a landscape and irrigation plan.
]. Landscape designs shall be in harmony with the surrounding environment.
2. Landscape design and construction shall emphasize drought-tolerant landscaping
whenever/wherever possible.
3. Processing of landscape plans shall conforrn to the policies and procedures of the Department
of Community Development. A fully dimensioned comprehensive landscape and irrigation
plan shall include, but not be limited to:
+List of Plants (Common & Latin)
+Size
+Location
+lrrigation Plan
+ Hardscape
+Water Elements
+Anyother inforrnation
deemed necessary by the
Director
4. The planting of trees and shrubs shall comply with the following installation requirements:
A. Landscape areas shall have plant material selected and planting methods used which
are suitable for the soil and climatic conditions of the site. Sizes of the plant materials
shall conform to the following mix:
III-19.28-2
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
Trees
20%, 24 inch box;
50%, 15 gallon;
In addition, mature trees shall be provided for variety and emphasis of focal areas as
follows:
15% mature specimen trees in 36 inch box
15% mature specimen trees in 48 inch box
Shrubs
80%, 5 gallon; and
20%, I gallon
Groundcover
100% coverage within 1 year
B. Trees shall be long-lived (minimum life expectancy of 60 years), clean, require little
maintenance, be structurally strong, insect and disease resistant, and require little
pruning.
C. Trees and shrubs shall be planted so that at maturity they do not interfere with
service lines, Traffic Safety Sight Area, basic property rights of adjacent property
owners, particularly the right of solar access, pursuant to Section 19.20.030 (23)
(Solar Energy Design Standards).
D. Trees planted near public curbs shall have a limited root structure and shall be
installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters
and other public improvements. A deep root system shall be used.
5. Where trees are planted in paved areas, they shall have a protective tree grate. Tree grates
shall be caste iron with a natural finish. A deep root system shall be used.
6. Concrete mow strips are required to separate all turf areas from other landscaped areas for all
developments except single family residential.
7. Buffer planting shall occur along all freeways and major arterials in order to visually screen
uses and provide noise reduction. This landscaping shall be in addition to screening
requirements set forth in Sec. 19.28.040 below.
8. Appropriate shrubbery and creeping vines shall be provided along all walls and fences
adjoining public rights-of-way.
9. When inorganic groundcover is used, it shall be in combination with live plants and shall be
limited to an accent feature.
III-19.28-3
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
10. All landscaping shall have an approved automatic irrigation system.
II. All residential subdivisions shall be provided with trees, shrubs, and ground cover of a type
and quality generally consistent or compatible with that characterizing single-family homes in
the front yard and that portion of the side yards which are visible from the street. All
landscaped areas shall be provided with an automatic irrigation system adequate to insure
their viability. The landscape and irrigation plans shall be approved by the Community
Development Department.
19.28.040 SCREENING REQUIREMENTS
1. Every development shall provide sufficient screening so that neighboring properties are
effectively shielded from any adverse impacts of that development or so that the new
developing use shields itself from existing potential impacts from uses already in operation.
2. Table 28.01 sets forth the type of screening method required between various uses in order to
provide a mechanism to buffer potential negative impacts. To determine the type of screening
required (Type A, B, or C), find the use in the "Developing Use" column which is similar to
the proposed use to be developed and follow that line across the page to its intersection with
the type ofuse(s) that adjoins the property to be developed. For each intersection square that
contains a letter, the developer is required to install the level of screening indicated.
III-19.28-4
Rev.
MC-1368
S-8Z'61-111
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MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
3. The three basic types of screens that are required by Table 28.01 "Screening Requirements,"
are as follows:
A. OPAQUE SCREEN, TYPE A
A screen that is opaque from the ground to a height of at least six feet, with
intermittent visual obstructions from the opaque portion to a height of at least 20
feet. An opaque screen is intended to exclude all visual contact between uses and to
create a strong impression of spacial separation. The opaque screen may be
composed of a wall, fence, or densely planted vegetation. Compliance of planted
vegetative screens will be judged on the basis of the average mature height and
density of foliage of the subject species, or field observation of existing vegetation.
The opaque portion of the screen must be opaque in all seasons of the year. At
maturity, the portion of intermittent visual obstructions should not contain any
completely unobstructed openings more than 10 feet wide. Suggested planting
patterns are shown in Figure 28-1.
B. SEMI-OPAQUE SCREEN, TYPE B
A screen that is opaque from the ground to height of 3 feet, with intermittent visual
obstruction from above the opaque portion to a height of at least 20 feet. The semi-
opaque screen is intended to partially block visual contact between uses and to
create a strong impression of the separation of spaces. The semi-opaque screen may
be composed of a wall, fence, landscaped earth berm, or planted vegetation.
Compliance of planted vegetative screens will be judged on the basis of the average
mature height and density of foliage of the subject species, or field observation of
existing vegetation. At maturity, the portion of intermittent visual obstructions
should not contain any completely unobstructed openings more than 15 feet wide.
C. BROKEN SCREEN, TYPE C
A screen composed of intermittent visual obstructions from the ground to a height
of at least 20 feet. The broken screen is intended to create the impression of a
separation of spaces without necessarily eliminating visual contact between the
spaces. It may be composed of a wall, fence, landscaped earth berm, planted
vegetation or existing vegetation. Compliance of planted vegetative screens or
natural vegetation will be judged on the basis of the average mature height and
density of foliage of the subject species, or field observation of existing vegetation.
The screen may contain deciduous plants.
4. The screening requirements set forth in this section may be interpreted with some flexibility
by the Director and Commission in their enforcement ofthe standards.
It is recognized that because of the wide variety of types of developments and the
relationships between them, it is neither possible nor prudent to establish inflexible
screening requirements. Therefore, minor deviations may be granted to allow less intensive
screening, or requirements for more intensive screening may be imposed, whenever such
deviations are more likely to satisfy the intent of this section.
III-19.28-6
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
TYPE A
TYPICAL OPAQUE SCREENS
.!. ~ -t..
SMAll TREES PLANTED
30' ON CENtER.
6' HIGH EVERGREEN
SCREENING SHRUas
PLANTED 4' e.c.
FIGURE 28-1
TYPtCAL SCREENING METHODS
~-_.._~
40' ON CENTER.
_ . 6' HIGH
~- <=!'-- ~ .J -""" ......""9'--=-~ MASONRY WAll
tAll EVERGRJ:EN TREES
STAGGER PlANTED,
WITH BRANCHES
TOUCHING GROUND.
TYPES
NPlCALS:n_~
1!tL
'.. ." kl
'. .... ,.
SMAll TREES PLANTED
30' ON CENTER.
3' HIGH WALL
mEC
NPlc,KENS,
~SMALl TREESP1AN"'O
30' ON CENTER.
... ~~~~T~~~i^N"'O
I OPEN FENCE
SMAll TREES PLANTEO
20'-30' ON CENTER
ON TOP OF BERM.
3'HIGH8ERM
WITH GROUNOCOVER.
".._-~---
40' ON CENTER. 40' ON CENTER.
3' HIGH EVERGREEN ASSORTED SHRUB8ERY.
SHRUB HEDGE .
PlANTED 3' e.c.
19.28.050 SETBACK AND PARKWAY TREATMENT STANDARDS
Landscape plans for setback and parkway areas shall include, but not be limited to the following:
I. Setback and parkway areas shall be properly designed and landscaped in order to establish a
high level of development quality while providing for neighborhood identity where
appropriate. The design shall utilize uniform street tree plantings with complementary
landscape materials.
2. Provide a design which ensures the desired screening, shading, appearance and
compatibility with established setback and parkway areas, including a sensitive transition
between diverse landscape types and patterns.
3. Incorporate mounding within the overall design, with landscaped slopes not exceeding a 3: I
ratio, or 3 feet in height. A minimum of 6 feet of landscaping shall be placed on the
exterior of perimeter walls and fences.
4. Incorporate walls and fences into the landscape design, including the special treatment of
meandering walls, and wall breaks or openings where the design shall complement the
interior landscaping of the adjacent development.
111-19.28-7
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
5. Street tree varieties and exact location shall be determined by the Director of Community
Development. The Community Development Department shall approve locations and
inspect plant material on site, prior to planting. Sidewalks, curb and gutter, must be clean of
debris prior to marking. A 24 hour notice is required for inspection. The size of the street
trees shall be 24 inch box specimens. The 24 inch box trees shall be planted as street trees
within the public parkway or City property.
19.28.060 CORNER TREATMENT STANDARDS
Landscape plans for any development involving comer lots shall include additional special design
requirements, including, but not limited to the following:
I. A minimum landscape area of 300 square feet for comer areas.
2. Incorporate significant landscape and water features, including specimen trees, coordination
with wall breaks or openings, and special "city entry" image treatment wherever
appropriate.
3. Specimen trees shall be a minimum of 48 inch box size.
4. Ensure that any comer landscape plan within the "Traffic Safety Sight Area," as defined,
shall be designed to protect public safety.
19.28.070 INSTALLATION OF LANDSCAPING
All required landscaping shall be property installed, irrigated, inspected and permanently
maintained prior to use inauguration or the issuance of a Certificate of Occupancy, whichever first
occurs. The landscaping and irrigation shall be inspected as stated in the procedures and policy for
landscaping and irrigation.
19.28.080 MAINTENANCE OF LANDSCAPING
I. Maintenance of approved landscaping shall consist of regular watering, mowing, pruning,
fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and
the repair and replacement of irrigation systems and integrated architectural features.
2. Prior to the issuance of a Certificate of Occupancy, the landowner shall file a maintenance
agreement or covenant and easement to enter and maintain, subject to the approval of the
City Attorney. The agreement or covenant and easement to enter and maintain shall ensure
that if the landowner, or subsequent owners, fails to maintain the required/installed site
improvements, the City will be able to file an appropriate lien(s) against the property in
order to accomplish the required maintenance.
III-19.28-8
Rev.
MC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
19.28.090 REMOVAL OR DESTRUCTION OF TREES
Removal of healthy, shade providing, aesthetically valuable trees shall be discouraged. In the event
that more than 5 trees are to be cut down, uprooted, destroyed or removed within a 36 month
period, a penn it shall first be issued by the Department.
An arborist survey and report may be required at the developer's expense, to evaluate existing trees
prior to issuance of a tree removal penn it, as detennined by the Director of Community
Development. Unless there is a pre-approved tree replacement plan, each tree that is removed in a
new subdivision and is detennined to be of significant value by the Community Development
Director shall be replaced with a 36 inch box specimen tree in the subdivision in addition to any
other required landscaping. Such a plan does not necessarily require a tree for tree replacement
provision. Commercial tree fanns, City Government projects, and individual single-family
residential lots less than one acre shall be exempt from this provision.
19.28.100 EROSION CONTROL LANDSCAPING
Landscaping for the purpose of erosion control shall be in compliance with the standards outlined in
Chapter 15 of the Municipal Code.
19.28.110 WATER EFFICIENT LANDSCAPING STANDARDS
1. PURPOSE AND INTENT
A. The purpose of this Chapter is to:
(I) Promote the aesthetic and recreational values of landscapes, while
recognizing the need to invest water resources as efficiently as possible;
(2) Establish a structure for planning, designing, installing and maintaining
water efficient landscapes in new construction and rehabilitated projects;
(3) Establish provisions for water management practices and water waste
prevention in the irrigation of existing landscapes;
(4) Implement water quality management practices that minimize stonn water
and irrigation runoff, to achieve on-site infiltration and groundwater
recharge;
(5) Promote and encourage the use oflow water use plants in landscapes;
(6) Minimize the use of cool season turf;
(7) Promote conservation of potable water by encouraging the use of recycled
water and water-conserving technology in landscape irrigation;
III-19.28-9
Rev.
HC-1368
LANDSCAPING STANDARDS -19.28
EXHIBIT A
(8) Promote public education about water conservation and water efficient
landscape irrigation.
B. The intent of this Chapter is to implement water efficient landscape regulations at
least as effective as the state mode] ordinance adopted pursuant to California
Government Code Section 65595.
2. APPLICABILITY
After January I, 20]0, the provisions of this Chapter shall apply as follows:
A. All provisions of this Chapter for planning, design, installation and management of
new landscapes shall apply to the following new construction and rehabilitation
landscape projects normally subject to building or landscaping plan review and
permits.
(I) Public agency projects and private development projects with a landscape
area equal to or greater than 2,500 square feet;
(2) Deve]oper-installed single-family and multi-family residential projects with
a landscape area equal to or greater than 2,500 square feet in the aggregate;
(3) Homeowner-installed and/or homeowner-hired single-family and multi-
family residential projects with a total project landscape area equal to or
greater than 5,000 square feet.
B. Limited Applicability. Existing landscapes, cemeteries and certain Special
Landscape Areas are exempt from some provisions ofthis Chapter as follows:
(]) Existing landscapes installed before January 1,20]0 and exceeding 1 acre in
area are subject only to water waste prevention and efficient irrigation
requirements of Sections ] 9.28.1] 0(12) and 19.28.] 10(13).
(2) New cemeteries or cemetery expansion projects exceeding 2,500 square feet
in landscape area shall be subject to the Water Efficient Landscape
worksheet requirement and the irrigation analysis and maintenance
requirements of Section ] 9.28.1] 0(9) and Section 19.28.1] 0(1 0).
(3) New development or rehabilitation of landscapes including Special
Landscape Areas (SLA' s), such as edible landscapes, landscapes irrigated
with recycled water, and active parks or sport field landscaping shall be
subject to the provisions of this Ordinance, except that the Maximum
App]ies Water Allowance (MAW A) shall be adjusted to provide for
adequate irrigation ofSLA's.
C. Exemptions. The provisions of this Chapter shall not apply to the following exempt
landscapes:
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(1) Registered local, state or federal historical sites;
(2) Ecological restoration projects that do not require permanent irrigation
systems;
(3) Mined land restoration projects that do not require permanent irrigation
systems;
(4) Botanical gardens and arboretums open to the public.
3. LANDSCAPE DESIGN STANDARDS AND PLANNING GUIDELINES
For the efficient use of water, landscapes shall be carefully designed and planned to thrive
in local soil and climatic conditions and to suit the intended function of the project. The
following design guidelines shall also be considered in landscape planning:
A. Plant Selection:
(1) Native plants and drought-tolerant species are encouraged to promote low-
maintenance, water efficient landscapes.
(2) Any plant may be used in the landscape, provided that the EA WU
(estimated annual applied water use) does not exceed the MAW A
(maximum annual applied water allowance).
(3) Plants with similar water use requirements shall be grouped together m
"hydrozones" whenever possible.
(4) Turf areas should be minimal, limited mainly to active recreation areas and
small laws. Where turf is used, it should not be planted on slopes greater
than 4: I, and warm season varieties and preferred.
(5) Fire resistant plant species and fuel modification requirements shall be top
priority for landscape design in high fire hazard areas.
(6) Invasive plant species should be avoided, especially near natural areas, fuel
modification zones, parks and water bodies.
(7) The use of mulch is encouraged to retain moisture.
(8) Plant placement shall be planned to create shade in summer and permit solar
gain in winter.
(9) Plant size and root characteristics at maturity should be considered in plant
selection and placement, to avoid damage to property or infrastructure.
B. Water Features:
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(1) Recirculating water systems shall be used for all decorative water features.
(2) If available, recycled water should be used in decorative water features,
except pools and spas.
(3) The surface area of a water feature shall be included in MAW A calculation
with an evaporation rate of equivalent to that high water use plant.
(4) Pool and spa covers are highly recommended.
C. Content Requirements of Landscape Design Plans:
(1) Each hydrozone shall be identified as a "low", "moderate", "high", or
"mixed" water use zone.
(2) Landscape areas with unique water budget considerations, such as recreation
areas, areas dedicated to edible landscapes, and area to be irrigated with
recycled water shall be delineated.
(3) Areas planned for soil amendments, mulch application, surface water
features and hardscapes (pervious and impervious) shall be delineated with
applicable notes regarding installation and design.
(4) On-site design measures for storm water quality management shall be
identified to demonstrate consistency with the corresponding Water Quality
Management Plan (WQMP).
1. IRRIGATION REQUIREMENTS
A. All irrigation systems shall be designed and maintained to prevent runoff, over-
spray, low head drainage and other conditions of water waste. Soil types and
infiltration rates shall be considered when designing irrigation systems, and
irrigation plans shall be designed to meet specific water needs of each hydrozones,
to maximize the efficiency of the irrigation systems.
B. Dedicated (separate) landscape water meters shall be installed at new projects sites
with landscape areas greater than 5,000 square feet, subject to concurrence of the
water purveyor.
C. The following equipment shall be required to control water waste in new irrigation
systems subject to this Ordinance.
(1) Automatic irrigation controllers that utilize evapotranspiration or soil
moisture sensor data to adjust the frequency and/or duration of irrigation in
response to changing weather conditions;
(2) Rain sensors with automatic shut-off features;
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(3) Anti-drain check valves to prevent low-head drainage in sprinkle heads;
(4) Pressure regulators as needed when the static water pressure exceeds the
maximum recommended operating pressure; and
(5) Manual shut-off valves located as close as possible to the point of
connection to the water supply, to minimize water loss in case of an
emergency or a routine repair.
D. Irrigation Design Standards:
(1) The irrigation systems shall be designed and installed to conform to the
project water budget (MAW A), based on planting plans for the project
hydrozones;
(2) Overhead irrigation shall not be permitted within a 24-inch setback from any
non-permeable surface. Allowable irrigation within such setback areas may
include drip, drip line, or other low flow, non-spray technology. The setback
may be planted or unplanted. The surfacing of the setback any be mulch,
gravel, or other porous material. These restrictions may be modified if:
a. the landscape area is adjacent to permeable surfacing and no runoff
occurs; or
b. the adjacent non-permeable surfaces are designed and constructed to
drain entirely to landscaping; or
c. the irrigation designer specifies an alternative design or technology
as part of the Landscape Documentation Package, and clearly
demonstrates compliance with the requirements of this Ordinance.
(3) Slopes greater than 25% shall not be irrigated with an irrigation system with
a precipitation rate exceeding 0.75 inches per hour. This restriction may be
modified if the irrigation designer specifies an alternative design or
technology as part of the Landscape Documentation Package, and clearly
demonstrates than no excess runoff or erosion will occur. This
demonstration shall be confirmed by an irrigation audit.
'E. The irrigation plan shall be prepared separate from the landscape planting plan, but
it shall be consistent with the planting plan and shall conform to all requirements of
this Ordinance.
F. A Water Management Plan shall be prepared to accompany the irrigation plan, in
accordance with the requirements of this Ordinance. The Water Management Plan
shall describe the irrigation system in detail, identifY parties responsible for
maintenance of the irrigation system, and set a plan and schedule for management of
the system.
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G. Recycle Water. Dual water distribution systems allowing irrigation with recycled
water are encouraged, and may be required to be installed on new construction sites,
at the discretion ofthe water purveyor, and subject to availability.
2. LANDSCAPE SOIL MANAGEMENT AND LANDSCAPE GRADING
REQUIREMENTS
A. Soil testing shall be performed after mass grading and prior to landscape
installation, to ensure the selection of plant materials that are suitable for the site.
The soil analysis shall be incorporated in a soil management plan, including the
following:
(1) A determination of soil texture, indicating the available water holding
capacity;
(2) An approximate soil infiltration rate, or a range of infiltration rates;
(3) Measures of pH and total soluble salts; and
(4) Soil management and amendment recommendations.
B. Grading of landscape areas shall be designed to minimize unnecessary soil
compaction, erosion, and water waste. Landscape grading shall be designed to
prevent runoff, avoid disruption and natural drainage patterns and to support on-site
infiltration of storm water and irrigation for water quality management.
3. LANDSCAPE PLAN SUBMITTAL REQUIREMENTS
A Landscape Documentation Package prepared by a licensed landscape architect shall be
required for any new construction of landscape or landscape rehabilitation that is normally
subject to building or landscape plan review and permits. The Landscape Documentation
Package shall contain the following elements:
A. Project information:
(1) Date;
(2) Project applicant;
(3) Project address or location;
(4) Total landscape area in square feet;
(5) Project type (e.g., new, rehabilitated, public, private, developer or
homeowner installed, cemetery, park, etc.);
(6) Water supply type (e.g., potable, recycled, well) and identify the local retail
water purveyor;
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(7) Checklist of all documents in the Landscape Documentation Package;
(8) Contact information for the project applicant and property owner;
(9) Applicant signature, dated with the statement, "I agree to comply with the
requirements of the Water Efficient Landscape Ordinance and submit a
complete Landscape Documentation Package."
B. Water Efficient Landscape Worksheet. Worksheet examples, sample calculations
and the Reference Evapotranspiration (ETo) Table for the City of San Bernardino
are available in the Community Development Department to guide preparation of
required elements of the Water Efficient Landscape Worksheet, including:
(I) Hydrozone information table;
(2) Water budget calculations:
(a) Maximum Applied Water Allowance (MAW A);
(b) Estimated Total Water Use (ETWU);
C. Landscape design plan, prepared according to Section 19.28.110(3);
D. Irrigation design plan, prepared according to Section 19.28.110(4);
E. Soil management report, prepared according to Section 19.28.11 0(5)(A); and
F. Grading design plan, prepared according to Section 19.28.11O(5)(B).
4. COMPLIANCE DOCUMENTATION
A. Certificate of Completion. Prior to issuance of a Certificate of Occupancy or final
inspection for a new construction project or a landscape rehabilitation project, a
Certificate of Completion shall be submitted to the City, signed by a licensed
landscape architect to certity that:
(1) The landscaping has been installed In conformance with the approved
planting and irrigation plans;
(2) The automatic irrigation controller has been set according to the irrigation
schedule;
(3) The irrigation system has been adjusted to maximize irrigation efficiency
and eliminate over-spray and runoff; and
(4) A copy ofthe irrigation schedule has been given to the property owner.
B. Completed Landscape Documentation Packages and Certificates of Completion
shall be made available for review by the water purveyor. Sites found to be out of
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EXHIBIT A
compliance with the provisions of this Ordinance may be subject to landscape water
audits and compliance enforcement by the water purveyor.
5. IRRIGATION SCHEDULING
A. For the efficient use of water, all irrigation schedules shall be developed, managed,
and evaluated to utilize the minimum amount of water required to maintain plant
health. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers.
(2) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m.
unless weather conditions prevent it. If allowable hours of irrigation differ
from the local water purveyor, the stricter of the two shall apply. Operation
of the irrigation system outside of the normal watering window is allowed
for auditing and system maintenance.
(3) For implementation of the irrigation schedule, particular attention must be
paid to irrigation run times, emission device, flow rate, and current reference
evapotranspiration, so that applied water meets the Estimated Total Water
Use. Total annual applied water shall be less than or equal to Maximum
Applied Water Allowance (MAW A). Actual irrigation schedules shall be
regulated by automatic irrigation controllers using current reference
evapotranspiration data (e.g., CIMlS) or soil moisture sensor data.
6. LANDSCAPE AND IRRIGATION MAINTENANCE SCHEDULE
A. Landscapes shall be maintained to ensure water use efficiency. A regular
maintenance schedule shall be submitted with the Certificate of Completion.
B. A regular maintenance schedule shall include, but not be limited to, routine
inspection; adjustment and repair of the irrigation system and its components;
aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning,
weeding in all landscape areas, and removing any obstruction to emission devises.
Operation of the irrigation system outside the normal watering window is allowed
for auditing and system maintenance.
C. Repair of all irrigation equipment shall be done with the originally installed
components of their equivalents.
D. A project applicant is encouraged to implement sustainable or environmentally-
friendly practices for overall landscape maintenance.
7. IRRIGATION AUDIT, IRRIGATION SURVEY, AND IRRIGATION
WATER USE ANALYSIS
A. All landscape irrigation audits shall be conducted by a certified landscape
irrigation auditor.
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EXHIBIT A
B. For new landscape construction and rehabilitated landscape projects installed after
January 1,2010:
(1) The project applicant shall submit an irrigation audit report with the
Certificate of Completion to the City that may include, but is not limited
to: inspection, system tune-up, system test with distribution uniformity,
reporting overspray or run off that causes overland flow, and preparation
of an irrigation schedule;
(2) The City or the water purveyor may conduct or require an irrigation water
use analysis, irrigation audit, or irrigation survey for compliance with the
Maximum Applied Water Allowance (MAW A).
C. For existing landscapes that were installed before January 1,2010 and are over
one acre in size, the City or the water purveyor may require irrigation water use
analyses, irrigation surveys, and irrigation audits to evaluate water use and provide
recommendations as necessary to reduce landscape water use to a level that does
not exceed the Maximum Applied Water Allowance for existing landscapes shall
be calculated as: MAW A = (0.8) (ETo )(LA)(0.62). All landscape irrigation audits
shall be conducted by a certified landscape irrigation auditor.
8. IRRIGATION EFFICIENCY
A. For the purpose of determining Maximum Applied Water Allowance, average
irrigation efficiency is assumed to be 0.71. Irrigation systems shall be designed,
maintained, and managed to meet or exceed an average landscape irrigation
efficiency of 0.71.
9. PROVISIONS FOR EXISTING LANDSCAPE
A. The City or the water purveyor may enforce the requirements contained in this
Ordinance, and may assess penalties for water waste in existing landscapes
constructed prior to January 1, 20 I O.
10. WATER WASTE PREVENTION
A. Water waste resulting from inefficient landscape irrigation is prohibited. Runoff
of irrigation water into the public right-of-way, caused by low head drainage,
broken sprinkler heads, overspray, or other similar conditions shall be prohibited.
Overspray or runoff onto adjacent property, non-irrigated areas, walks, roadways,
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EXHIBIT A
parking lots, or structures shall be prohibited. Restrictions regarding overspray
and runoff may be modified if:
(1) The landscape area is adjacent to permeable surfacing and no runoff
occurs; or
(2) The adjacent non-permeable surfaces are designed and constructed to drain
entirely to landscaping.
II. DEFINITIONS
The terms used in this ordinance have the meaning set forth below:
A. "Applied water" means the portion of water supplied by the irrigation system to
the landscape.
B. "Automatic irrigation controller" means an automatic tImmg device used to
remotely control valves that operate an irrigation system. Automatic irrigation
controller schedule irrigation events using either evapotranspiration (weather-
based) or soil moisture data.
C. "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.
D. "Certificate of Completion" means the document required under Section
17.28.110(7).
E. "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 US Environmental Protection Agency's WaterSense
irrigation designer certification program and Irrigation Association's Certified
Irrigation Designer Program.
, F. "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 US Environmental Protection
Agency's WaterSense irrigation auditor certification program and Irrigation
Association's Certified Landscape Irrigation Auditor program.
G. "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.
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EXHIBIT A
H. "Common interest developments" means community apartment projects,
condominium projects, planned developments, and stock cooperatives per Civil
Code Section 1351.
I. "Conversion factor (0.62)" means the number that converts acre-inches per acre
per year to gallons per square per square foot per year.
J. "Drip irrigation" means any non-spray low volume lITIgation 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.
K. "Ecological restoration project" means a project where the site IS intentionally
altered to establish a defined, indigenous, historic ecosystem.
L. "Effective precipitation" or "Usable rainfall" (Eppt) means the portion of total
precipitation which becomes available for plant growth.
M. "Emitter" means a drip irrigation emission device that delivers water slowly from
the system to the soil.
N. "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.
O. "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.
P. "Estimated Total Water Use" (ETWU) means the total water used for the
landscape as described in Section 19.28.11 0(6)(B).
Q. "ET Adjustment Factor" (ETAF) means a factor of 0.7. 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.
A combined plant mix with a site-wide average of 0.5 is the basis of the plant
factor portion of this calculation. For purposes of the ETAF, the average irrigation
efficiency is 0.71. Therefore, the ET Adjustment Factor is (0.7)=(0.5/0.71). ETAF
for a Special Landscape Area shall not exceed 1.0 ET AF for existing non-
rehabilitated landscapes is 0.8.
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EXHIBIT A
R. "Evapotranspiration rate" means the quantity of water evaporated from adjacent
soil and other surfaces and transpired by plants during a specified time.
S. "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.
T. "Hardscapes" means any durable material (pervious and non-pervious).
U. "Homeowner-provided landscaping" means any landscaping either installed by a
private individual for a single family residence or installed by a licensed
contractor hired by a homeowner. A homeowner, for purposes of this ordinance,
is a person who occupies the dwelling he or she owns. This excludes speculative
homes, which are not owner-occupied dwelling.
V. "Hydrozone" means a portion of the landscaped area having plants with similar
water needs. A hydrozone may be irrigated or non-irrigated.
W. "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).
X. "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 agriculture
agencies as noxious species. "Noxious weeds" means any weed designated by the
Weed Control Regulations in the Weed Control Act and identified on a Regional
District noxious weed control list. Lists of invasive plants are maintained at the
California Invasive Plant Inventory and USDA invasive and noxious weeds
database.
Y. "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.
Z. "Irrigation efficiency" (IE) means the measurement of the amount of water
beneficially used divided by the amount of water applied. Irrigation efficiency
derived from measurements
AA. "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:
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EXHIBIT A
inspection, system test, and written recommendations to improve performance of
the irrigation system.
BB. "Irrigation water use analysis" means an analysis of water use data based on meter
readings and billing data.
Cc. "Landscape architect" means a person who holds a license to practice landscape
architecture in the state of California Business and Professions Code, Section
5615.
DD. "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 non-development (e.g., open spaces and existing native vegetation.)
EE. "Landscape contractor" means a person licensed by the state of California to
construct, maintain, repair, install, or subcontract the development of landscape
systems.
FF. "Landscape Documentation Package" means the documents required under
Section 19.28.110(6).
GG. "Landscape project" means total area of landscape in a project as defined in
"landscape area" for the purposes of this ordinance, meeting requirements under
Section 19.28.110(2).
HH. "Lateral line" means the water delivery pipeline that supplies water to the emitters
or sprinklers from the valve.
II. "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.
JJ. "Local water purveyor" means any entity, including a public agency, city, county,
or private water company that provides retail water service.
KK. "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.
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EXHIBIT A
LL. "Main line" means the pressurized pipeline that delivers water from the water
source to the valve or outlet.
MM. "Maximum Applied Water Allowance" (MAW A) means the upper limit of annual
applied water for the established landscaped area as specified in Section
19.28. 110(6)(8). 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. 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 MAW A with an ET AF not to
exceed 1.0.
NN. "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.
00. "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.
PP. "Mulch" means any organic material such as leaves, bark, straw, compost, or
inorganic mineral materials such as rocks, gravel, and 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.
QQ. "New construction" means, for the purpose of this ordinance, a new building with
a landscape or other new landscape, such as a park, playground, or greenbelt
without an associated building.
RR. "Operating pressure" means the pressure at which the parts of an irrigation system
are designed by the manufacturer to operate.
SS. "Overhead sprinkler irrigation systems" means systems that deliver water through
the air (e.g., spray heads and rotors).
TT. "Overspray" means the irrigation water which is delivered beyond the target area.
UU. "Permit" means an authorizing document issued by local agencies for new
construction or rehabilitated landscapes.
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VV. "Pervious" means any surface or material that allows the passage of water through
the material and into the underlying soil.
WW. "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 low water use plants is 0 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
Department of Water Resources 2000 publication "Water Use Classification of
Landscape Species".
XX. "Precipitation rate" means the rate of application of water measured in inches per
hour.
YY. "Project applicant" means the individual or entity submitting a Landscape
Documentation Package required under Section 19.28.110(6), to request a permit,
plan check, or design review from the City. A project applicant may be the
property owner or his or her designee.
ZZ. "Rain sensor" or "rain sensing shutoff device" means a component which
automatically suspends an irrigation event when it rains.
AAA. "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.
BBB. "Recreational area" means areas dedicated to active play such as parks, sports
fields, and golf courses where turf provides a playing surface.
CCc. "Recycled water", "reclaimed water", or "treated sewage effluent 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.
ODD. "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 the sample materials referenced
in Section 19.28.11 0(6)(B), 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 Allowance so that regional differences in climate can be accommodated.
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EXHIBIT A
EEE. "Rehabilitated landscape" means any re-landscaping project that requires a permit,
plan check, or design review, meets the requirements of Section 17.07.020, and
the modified landscape area is equal to or greater than 2,500 square feet, is 50% of
the total landscape area, and the modifications are completed within one year.
FFF. "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.
GGG. "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.
HHH. "Soil texture" means the classification of soil based on its percentage of sand, silt,
and clay.
111. "Special Landscape Area" (SLA) means an area of the landscape dedicated solely
to edible plants, areas irrigated with recycled water, water features using recycled
water and areas dedicated to active play such as parks, sports fields, golf courses,
and where turf provides a playing surface.
JJJ. "Sprinkler head" means a device which delivers water through a nozzle.
KKK. "Static water pressure" means the pipeline or municipal water supply pressure
when water is not flowing.
LLL. "Station" means an area served by one valve or by a set of valves that operate
simultaneously.
MMM. "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.
NNN. "Turf' means a ground cover surface of mowed grass. Annual bluegrass,
Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-
season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St.
Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.
000. "Valve" means a device used to control the flow of water in the irrigation system.
PPP. "Water conserving plant species" means a plant species identified as having a low
plant factor.
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EXHIBIT A
QQQ. "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 storrnwater retention are not water features and, therefore, are
not subject to the water budget calculation.
RRR. "Watering window" means the time of day irrigation is allowed.
SSS. "WUCOLS" means the Water Use Classification of Landscape Species published
by the University of California Cooperative Extension, the Department of Water
Resources and the Bureau of Reclamation, 2000. (Ord. MC-1320, 01-04-10)
19.28.120 APPLICABLE REGULATIONS
All landscape plans shall be subject to the applicable regulations of the Development Code,
including, but not limited to Article IV, Administration provisions.
III-19.28-25
Rev.