Chapter 13.13
WATER CONSERVATION—WATER EFFICIENT LANDSCAPING
Sections:
13.13.040 Landscape plan or landscape checklist required.
13.13.050 Persons qualified to prepare landscape plans.
13.13.060 Landscape water conservation standards.
13.13.070 Final inspection/irrigation audit.
13.13.080 Landscape and irrigation system management and maintenance.
13.13.090 Existing landscapes over one acre in size.
13.13.130 Limit of County responsibility/future water shortage regulations.
13.13.010 Purpose.
Water conservation reduces demand on groundwater and surface water supplies, saves energy, inhibits salt-water intrusion and conserves aquatic resources. Sustainable landscapes benefit ecosystems, enhance soil and scenic resources, minimize energy use and reduce greenhouse gas emissions. The purposes of this chapter are to:
(A) Conserve water by setting a maximum applied water allowance as an upper limit for water use and reducing water use to the lowest practical amount;
(B) Promote sustainability and mitigate climate change in new landscaping projects by installing native plants and habitat enhancements, avoiding invasive plants, improving soils, minimizing stormwater runoff and providing shade;
(C) Improve the efficiency of existing landscaping;
(D) Promote rainwater capture and graywater use; and
(E) Implement the 2015 California Model Water Efficient Landscape Ordinance. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.020 Definitions.
(A) For the purpose of this chapter, the following words are defined as set forth below:
(1) “Aggregate area” includes all of the landscapes in production home neighborhoods or other situations where development units and landscapes on multiple parcels will be constructed as one project, but will eventually be individually owned.
(2) “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 or the Irrigation Association’s certified irrigation designer program.
(3) “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 or Irrigation Association’s certified landscape irrigation auditor program.
(4) “Commercial project” includes both for-profit and private, not-for-profit development activities.
(5) “Director” means the Planning Director, Director of Environmental Health Services or their designees.
(6) “Estimated total water use” means the annual quantity of water that a proposed landscape area is predicted to require, based on hydrozone areas, irrigation schedule and minimum irrigation efficiency requirements.
(7) “Establishment period” means the first two to five years after installing a plant in a landscape. Typically, most plants are established after one or two years of growth. Native habitat and trees may need three to five years for establishment.
(8) “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.)
(9) “High water use plant” means a plant with a WUCOLS plant factor of 0.7 to 1.0 or that would otherwise require annual irrigation of at least 70 percent of reference evapotranspiration (ETo).
(10) “Hydrozone” means a portion of the landscaped area having plants with similar water needs. Typical hydrozone designations are low, medium and high.
(11) “Invasive plant” means any nonnative plant that supplants native species, alters ecosystem processes or hybridizes with rare, endemic or locally unique native plants.
(12) “Irrigation audit” means an in-depth evaluation of the performance of an irrigation system. An irrigation audit includes, but is not limited to: inspection, system tune-up, a recommended irrigation schedule and reporting or correction of any overspray, runoff or other similar condition. An irrigation audit may also include uniformity of distribution or emission.
(13) “Landscape architect” means a person who holds a license to practice landscape architecture in California pursuant to the California Business and Professions Code, Section 5615.
(14) “Landscape or landscaping area” means all the planting areas, turf areas, water features and decorative installations in landscapes subject to a maximum applied water allowance. The landscape area does not include building footprints, driveways, parking lots, decks, patios, other pervious or nonpervious hardscapes, nonirrigated areas or areas exempted under SCCC 13.13.030(D).
(15) “Landscape checklist” means a worksheet provided by the Director and filled out by an applicant to attest that a proposed, subject landscape will comply with this chapter.
(16) “Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.
(17) “Landscape, existing” means irrigated landscaping that existed as of January 1, 2016.
(18) “Landscape, new” means landscaping installed in areas where no landscaping previously existed, whether contiguous with an existing landscaped area or not.
(19) “Landscape plan” means a detailed landscape design including predominant site features, building footprints, existing and proposed landscape areas, configuration and square footage of hydrozones, turf areas, water features and walkways, existing and proposed irrigation methods, plant species and planting locations, complete irrigation system details, irrigation schedule, soil preparation details, erosion control, stormwater management features, proposed maximum applied water allowance, estimated total water use and any other requirements established by the Director.
(20) “Low-volume irrigation” means the application of irrigation water at low pressure, at a rate measured in gallons per hour, through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, bubblers or microspray emitters.
(21) “Low water use plant” or “very low water use plant” means a plant species whose water needs are compatible with local climate and soil conditions. See “Plant factor.”
(22) “Maximum applied water allowance (MAWA)” means the upper limit of annual applied water for a landscape area subject to this chapter. It is based on a region’s reference evapotranspiration, type of plant material and landscape area as specified primarily in SCCC 13.13.060(A).
(23) “Model water efficient landscape ordinance” means the regulations developed by the California Department of Water Resources pursuant to the California Water Conservation in Landscaping Act (California Code of Regulations, Title 23, Division 2, Chapter 2.7).
(24) “Native plant” means a plant indigenous to Santa Cruz County and suited to the ecology of the present or historic natural community(ies) of the project vicinity.
(25) “Overhead sprinkler irrigation systems” or “overhead spray” means systems that distribute water through the air (e.g., spray and micro-spray emitters, sprinklers, rotors).
(26) “Parcel” for the purpose of this chapter means a contiguous unit of land which may be lawfully sold as separate real property in conformity with the provisions of SCCC Title 14.
(27) “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.
(28) “Plant factor” or “plant water use factor” is a factor that, when multiplied by reference evapotranspiration (ETo), estimates the amount of water needed by plants. The plant factor used shall be from WUCOLS or other documentation accepted by the Director. The plant factor ranges from zero to 0.1 for very low water use plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
(29) “Recycled water” means treated or recycled waste water suitable at least for nonpotable uses such as landscape irrigation and water features.
(30) “Reference evapotranspiration” or “ETo” is the annual water use, in inches per year, of a cool season grass grown in the local climate and irrigated with 100 percent efficiency. The maximum applied water allowance is established as a percentage of ETo.
(31) “Rehabilitated landscape” is a landscape area that is refurbished such as through the replacement, reconfiguration or supplement of plants, turf, water features or irrigation components.
(32) “Special landscape area” means (a) an area of the landscape irrigated with—or water feature solely using—at least 60 percent nonpotable (recycled, harvested or gray) water from a demonstrated, reliable source, or (b) an area dedicated to active recreation, such as swimming pools and areas in parks, playgrounds, sports fields and golf courses where turf provides a playing surface. The term “active recreation area” shall not apply to turf areas in landscapes proposed as part of residential developments, unless the turf area is used mainly for organized sports.
(33) “Subsurface” means under soil or mulch.
(34) “Turf” means a ground cover surface of mowed grass that requires regular irrigation during the growing season.
(35) “Water feature” means a design element where open water provides an aesthetic or social function, as in spas, fountains, lakes, ponds, artificial streams, waterfalls and other landscape installations focused on water components. Swimming pools are considered a special landscape area, not a water feature. The surface area of water features is included in the high water use hydrozone of the landscape area.
(36) “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, and any subsequent revisions. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.030 Applicability.
(A) This chapter shall apply to the aggregate landscape area of new, expanded or rehabilitated landscapes in commercial, industrial, public, residential and agricultural service establishment projects that require a building, grading or discretionary permit.
(B) This chapter shall apply to existing landscapes as provided in SCCC 13.13.090.
(C) All model homes, whether landscaped or not, shall use signs and written information to describe the principles and requirements provided by this chapter.
(D) Exemptions from This Chapter.
(1) Landscaping for residential projects is exempt if:
(a) The aggregate area of proposed new and rehabilitated landscapes is not more than 500 square feet, or
(b) The landscaping is for a remodel (other than reconstruction, per SCCC 13.10.700-R), accessory dwelling unit or attached addition only.
(2) The provisions of this chapter shall not apply to:
(a) Agricultural crops or feedlots.
(b) Areas solely dedicated to edible plants within family or community gardens.
(c) Ecological restoration projects.
(d) Registered historical sites with a period landscape style.
(e) Plants cultivated for scientific research or public exhibit in botanical institutions.
(f) Landscape areas installed solely for stormwater treatment.
(g) Landscapes irrigated entirely by graywater, captured rainwater or recycled water.
(h) Landscape areas irrigated by hand or low-volume irrigation for one establishment period not to exceed two to five years following final inspection (per SCCC 13.13.070), after which time the irrigation system is removed.
(i) Paddocks or pastures. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.035 Applicability of water efficient landscape ordinances adopted by local water districts or cities.
When a water efficient landscape ordinance (WELO) has been adopted for the water service area of a public water district or municipality, that ordinance shall apply in lieu of the County WELO. As of January 2013, the City of Santa Cruz and the Soquel Creek Water District adopted WELOs, therefore Chapter 16.16 SCCC and Ordinance No. 10-02 adopted by the Soquel Creek Water District are incorporated by reference, and, as they may be amended from time to time, shall be in effect within the service areas affected by those WELOs. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.040 Landscape plan or landscape checklist required.
(A) When a landscape that is subject to this chapter is proposed or required with a discretionary permit application, the application shall include a statement on the plans or condition of approval that compliance with the County’s water efficient landscape requirements shall be demonstrated at the building permit phase. A fully compliant landscape plan may be required by the Director for a subject discretionary permit application that will not entail a subsequent building permit or where otherwise appropriate, such as with a discretionary permit application that includes a proposed landscape plan or irrigation system.
(B) When a subject landscape is proposed with a building or grading permit application, the application shall include a landscape plan, except that landscapes installed for the following projects shall include either a landscape checklist or landscape plan:
(1) Residential projects involving no more than two dwelling units (not counting accessory dwelling units), regardless of size or number of parcels.
(2) Any landscape where at least 30 percent of the estimated total water use is provided by graywater, captured rainwater or recycled water.
(C) The Director shall establish application requirements for landscape checklist submittals and landscape plan submittals, and performance standards for projects installed pursuant to a landscape checklist, as needed.
(D) The Board of Supervisors may establish fees as necessary to implement this chapter. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.050 Persons qualified to prepare landscape plans.
Landscape plans prepared pursuant to this chapter shall be prepared by, and bear the signature of, a certified irrigation designer, certified landscape irrigation auditor, licensed landscape architect, licensed landscape contractor, licensed civil engineer or any other person authorized by the State to prepare water efficient landscape plans. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.060 Landscape water conservation standards.
All landscapes installed pursuant to a landscape plan subject to the provisions of this chapter shall comply with the following standards.
(A) Landscape Water Conservation Standards.
(1) The maximum applied water allowance for subject shall not exceed 50 percent of reference evapotranspiration, except in special landscape areas, which are allowed 100 percent of reference evapotranspiration. Consideration shall be given to incorporate artificial turf into special landscape areas where appropriate and feasible, and after a public hearing.
(2) The maximum applied water allowance for existing landscapes greater than one acre in size shall not exceed 70 percent of reference evapotranspiration.
(3) The landscape plan shall include the estimate of total water use based on hydrozone areas and plant factors. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. The water use indicated by the irrigation schedule shall not exceed the estimated total water use.
(4) Neither the estimated nor the actual annual water use of the landscape shall exceed the annual maximum applied water allowance.
(B) Limits on Turf, High Water Use Plants and Water Features.
(1) The combined area of turf, high water use plants and water features shall be limited to no more than 25 percent of the landscape. The 25 percent limit shall not apply to special landscape areas.
(2) Turf and high water use plants shall not be planted in the following conditions:
(a) Planting areas less than 10 feet wide.
(b) On slopes greater than 25 percent. The 25 percent slope restriction shall not apply to special landscape areas.
(c) In street medians, traffic islands and parking lot islands.
(C) Landscape Design.
(1) Plants selected for subject landscapes shall be consistent with:
(a) The climate, soil and topographic conditions of the site;
(b) Fire district fuel modification and defensible space guidelines; and
(c) The County Code and implementing documents such as agricultural buffer guidelines, significant tree replacement requirements and the urban forestry master plan.
(2) Planting of trees and the protection and enhancement of existing native species and natural areas are strongly encouraged.
(3) Plants shall be grouped together in hydrozones with distinct plant factors and, as applicable, slope, sun exposure and soil conditions, irrigated with separate valves. No plant factor shall exceed its hydrozone level, based on WUCOLS or other documentation accepted by the Director. All plants in a special landscape area will be considered to have a plant factor of 100 percent; any lower water-use plants in special landscape areas are encouraged to be on separate valves.
(4) To encourage the efficient use of water, at least one of the following methods shall be utilized to plan hydrozones:
(a) The Sunset Western Climate Zone System, taking into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate.
(b) Landscape Plants for California Gardens, for landscapes and hydrozones segregating climate tolerant and summer-dry plants.
(c) Plant placement based on solar orientation, to maximize summer shade and winter solar gain.
(5) Water in artificial pools and fountains shall be recirculated.
(6) Where subject to this chapter, swimming pools are required to remain covered when not in use, in order to reduce evaporation.
(7) The use of invasive plants, such as those listed by WUCOLS or the California Invasive Plant Council, within any subject landscape, is strongly discouraged and may be restricted or prohibited by the Director.
(8) Landscape associated with one- to two-unit residential development is not required to include a fixed irrigation system unless the Director finds it warranted by project-specific circumstances.
(D) Irrigation Design.
(1) Irrigation systems shall be designed to avoid runoff, overspray, low-head drainage and other conditions where water may flow onto non-target areas or plants, walks, roadways, structures or adjacent property.
(2) Irrigation systems shall be designed, maintained and managed to meet or exceed an average landscape irrigation efficiency of 75 percent for overhead and 81 percent for drip.
(3) Differing hydrozones shall be irrigated with separate valves.
(4) Irrigated areas less than 10 feet wide shall be irrigated with subsurface or low volume irrigation.
(5) Overhead spray nozzles shall have a precipitation rate of no more than one inch per hour.
(6) No potable water shall be applied during and within 48 hours following measurable rainfall.
(7) Overhead sprinkler systems shall not be permitted within 24 inches of any nonpermeable surface, including driveways and sidewalks, unless strict compliance with subsection (D)(1) of this section is demonstrated on plans, maintained and confirmed by audit. Only low volume irrigation shall be allowed within the 24-inch setback, if planted.
(8) In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
(9) Trees shall be watered using separate irrigation circuits.
(10) Slopes greater than 25 percent shall not be irrigated with an application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology and clearly demonstrates no runoff or erosion will occur.
(11) Where available and economically feasible, recycled water shall be used to irrigate landscapes.
(E) Irrigation Equipment.
(1) Irrigation systems shall have self-adjusting controllers, based on evapotranspiration (weather station data) or soil-moisture, and shall be equipped with rain-sensing devices to prevent irrigation during rainy weather. Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted. In residential development projects utilizing 75 percent low-water-use plants and no turf, the Director may waive the requirement to install a self-adjusting controller.
(2) A pressure regulator shall be installed if working pressure at the water meter exceeds 80 psi.
(3) The irrigation system shall include a flow sensor with automatic shutoff to prevent excess flow created by system damage or malfunction, and also a readily accessible manual shut-off valve.
(4) Backflow prevention devices shall be installed as required by the California Plumbing Code to protect the water supply from contamination by the irrigation system.
(5) Anti-drain check valves shall be installed to prevent low-head drainage.
(6) Sprinkler heads shall have matched precipitation rates within each control circuit valve and shall be selected for proper coverage and precipitation rate.
(7) Swing joints or other riser protection components are required on all risers located in high traffic areas.
(F) Soil Management, Preparation, and Mulching.
(1) Soil in nontemporary irrigation areas shall be prepared for planting by ripping and incorporating an organic amendment at the rate of six cubic yards per 1,000 square feet into the top six inches, or amended as indicated by a soil analysis report. Ripping shall not be required where soil amendments are applied directly to plant holes. Soil amendments shall not be required for:
(a) Plant varieties for which soil amendments are harmful or counterproductive;
(b) Soils with greater than six percent organic matter in the top six inches of soil; or
(c) Landscapes where native plants adapted to site soils are used.
(2) Organic mulch materials made from recycled or post-consumer materials shall be used instead of inorganic materials or virgin forest products unless the recycled or post-consumer organic products are not locally available.
(3) Additional soil amendments shall be added as appropriate to address adverse factors such as high clay content, poor drainage, low nutrient content, high salt content or unfavorable pH, so that water application consistent with specified plant factors is sufficient to ensure healthy plant growth.
(4) If a soils analysis is submitted pursuant to application requirements established by the Planning Director, the soil analysis report recommendations shall be implemented.
(5) All exposed soil surfaces of non-turf areas within the landscape area must be mulched with a minimum three-inch layer of organic material, except for creeping or rooting groundcovers, direct seeding or other applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to five percent of the landscape area may be left without mulch.
(6) Stormwater best management practices to control runoff and increase on-site filtration are strongly encouraged. The following elements are recommended:
(a) Minimize impervious surfaces and direct runoff into planting beds or landscaped areas.
(b) Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
(c) Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
(d) Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.070 Final inspection/irrigation audit.
Upon installation and completion of the landscape, the County shall require inspection by an independent, certified irrigation designer; independent, certified landscape irrigation auditor; independent, licensed civil engineer; or independent, licensed landscape architect to verify that all landscape improvements were completed in accordance with this chapter. Open trench inspection shall be conducted as necessary. No subject construction project shall be deemed complete until complete inspection of the work has been performed, documented to comply fully with this chapter, and approved by the Director or designee. The inspection shall verify at minimum that:
(A) The landscape improvements were installed in accordance with approved landscape checklist or landscape plan and with this chapter.
(B) The irrigation system complies with manufacturer’s installation specifications and is in a leakfree condition.
(C) The installed irrigation system is functioning as designed, specified and approved.
(D) The irrigation schedule is consistent with the hydrozones and plant factors, and will apply water at a rate at or below the maximum applied water allowance for the subject landscape.
(E) The irrigation system does not cause water waste due to runoff, low head drainage, overspray or other similar condition.
(F) The person responsible for long-term landscape maintenance and irrigation management at the property has received the recommended irrigation schedule.
(G) The inspector has provided the County of Santa Cruz with a completed and signed certificate of installation that attests to the installation of a landscape compliant with this chapter, with attachments including a copy of the irrigation schedule and schedule of landscape and irrigation maintenance provided to the owner. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.080 Landscape and irrigation system management and maintenance.
(A) Maintenance. Landscapes and irrigation systems approved and installed pursuant to this chapter shall be maintained in good working condition and properly adjusted to ensure water efficiency. Any broken or malfunctioning equipment, including but not limited to controllers, main and lateral lines, or control valves, shall be repaired promptly (in no case more than 24 hours after discovery) with identical or equivalent equipment to maintain the original design integrity.
(B) Irrigation System Inspections. Irrigation systems shall be inspected by the owner or operator regularly to correct misaligned, clogged or broken heads, missing heads and risers, stuck valves and leaks.
(C) Watering Schedule. Watering schedules shall be adjusted periodically to reflect seasonal variations in plant water requirements. Whenever possible, irrigation management shall incorporate the use of real-time, ETo data from the California Irrigation Management Information System (CIMIS) or similar weather-based irrigation scheduling system.
(D) Irrigation Operation. To the greatest extent appropriate to the installed landscape, irrigation shall be scheduled between the hours of 8:00 p.m. and 10:00 a.m. to reduce evaporative loss.
(E) Invasive Plants. The Director may require that landscapes approved and inspected pursuant to this chapter be maintained free of invasive plants. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.081 Graywater.
Graywater systems are encouraged for on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) and any requirements of Santa Cruz County Environmental Health Services. [Ord. 5218 § 1, 2016].
13.13.090 Existing landscapes over one acre in size.
The Director may audit, evaluate and assign a maximum applied water allowance to any existing irrigated landscapes over one acre in size, based on 70 percent of reference evapotranspiration, or 100 percent of reference evapotranspiration for special landscape areas. When review of these landscapes indicates that annual water use exceeds the maximum applied water allowance, the water user may be required to have a certified irrigation auditor perform an irrigation audit and make recommendations as necessary to comply with the maximum applied water allowance. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.100 Exceptions.
As technology changes and more information is available regarding plant materials, irrigation equipment and techniques, and maintenance techniques that enhance water conservation, the Director may allow the substitution of well-designed conservation alternatives or innovations which equally reduce water consumption and are consistent with the purposes of this chapter. The Director may also allow exceptions where necessary to serve a public purpose. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.110 Violations.
It is unlawful for any person to install landscaping for a project subject to this chapter without the review and approval required by this chapter, and for plant or irrigation components or practices approved and inspected under this chapter to be replaced with noncompliant components or practices. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.120 Appeals.
All appeals of actions taken pursuant to this chapter shall be made in conformance with the procedures in Chapter 18.10 SCCC. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].
13.13.130 Limit of County responsibility/future water shortage regulations.
Residential, commercial and public uses of water in the unincorporated area may be subject to water restrictions or mandatory rationing during water shortages. Irrigation shall be reduced or eliminated as necessary to comply with any water shortage regulations or restrictions in effect. Compliance with this chapter does not guarantee the survival of landscape plants or the availability of water for landscape irrigation based on this chapter. [Ord. 5218 § 1, 2016; Ord. 5148 § 1, 2013].