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Alameda City Zoning Code

ARTICLE IV

BAY-FRIENDLY AND WATER EFFICIENT LANDSCAPE ORDINANCE8


Footnotes:
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Editor's note— Ord. No. 3153 N.S., § 1, adopted June 7, 2016, in effect repealed the former Article IV, §§ 30-58—30-58.2 and 30-59—30-59.3, and enacted a new Article IV as set out herein. The former Article IV pertained to water: conservation landscaping and derived from Ordinance No. 2389 N.S; Ord. No. 2574 N.S. and Ord. No. 3049 N.S., adopted June 26, 2012


30-58.1 - Purpose.

The purpose of this article shall be to:

a.

Promote quality, water-efficient landscaping, while recognizing Alameda's unique climate, soil conditions, and development patterns.

b.

Support Municipal Utilities District (EBMUD) in its efforts to promote and implement water conservation measures.

c.

Implement the most recently adopted State MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7).

d.

Establish standards for sustainable landscape practices in accord with the current version of the StopWaste.Org Bay Friendly Landscape protocols.

e.

Divert plant debris from landfills.

f.

Promote the use of greywater systems.

g.

Discourage the planting of invasive plants.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

30-58.2 - General.

The State of California MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7), is incorporated into this Article by reference and shall be implemented by the City of Alameda. In addition the following provisions shall apply.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

30-58.3 - Definitions.

In addition to the definitions listed in this section, all definitions in the State MWELO shall apply (California Code of Regulations, Title 23, Div. 2, Section 491).

a.

Bay-Friendly Landscape Guidelines means the most recent version of guidelines developed by StopWaste.Org for use in the professional design, construction and maintenance of landscapes. City staff shall maintain the most recent version of the Bay-Friendly Landscape Guidelines at all times.

b.

Bay-Friendly Landscaping scorecard means the most recent version of the Bay-Friendly Landscaping points system developed by StopWaste.Org. City staff shall maintain the most recent version of the Bay-Friendly Landscaping scorecard in the planning and building department at all times.

c.

Covered project means:

1.

New projects with an aggregate of five hundred (500) square feet or more of landscaped area;

2.

Projects with rehabilitated landscape areas over twenty-five hundred (2,500) square feet.

d.

Landscape Documentation Package Checklist means a list of the required submittal materials for review of a Landscape Document Package. City staff shall maintain the Landscape Documentation Checklist to ensure compliance with the state's most recently adopted MWELO.

e.

Renovation means any change, addition or modification to an existing landscape.

f.

Standard Landscaping Conditions of Approval means a list of standard conditions of approval that ensure a project's compliance with the state's most recently adopted MWELO. City staff shall maintain the Standard Landscaping Conditions of Approval to ensure compliance with the most recently adopted MWELO.

(Ord. No. 3153 N.S., § 1, 6-7-2016)

30-58.4 - Requirements.

a.

The provisions of the State of California MWELO (California Code of Regulations, Title 23, Division 2, Chapter 2.7), shall be implemented by the City of Alameda.

b.

For all covered projects that require the approval of a building permit, plan check or design review, the applicant/developer shall:

1.

Submit a Landscape Document Package compliant with the most recent version of the Landscape Document Package Checklist, on file with the Community Development Department;

2.

Record the date of approval of the Landscape Document Package in the Certificate of Completion;

3.

Upon approval of the Landscape Document Package, submit a copy of the Water Efficient Landscape Worksheet to EBMUD;

4.

Be subject to the Standard Landscape Conditions of Approval and most recently adopted Bay-Friendly Landscaping Guidelines;

5.

Submit a Certificate of Completion upon approval of the Landscape Document Package and issuance of permits.

c.

The provisions of this section shall not apply to:

1.

Registered local, state or federal historical sites;

2.

Ecological restoration projects that do not require a permanent irrigation system;

3.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

d.

Landscape plans for covered projects with landscaped areas less than two thousand five hundred (2,500) square feet in size, may either comply with the provisions of Section 30-58.1(a) above, or conform to the prescriptive measures of Appendix D of the Landscape Document Package Checklist.

e.

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 (2,500) square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix B condition (4) of the most recently adopted Landscape Document Package Checklist.

f.

All covered projects are required to divert (reuse or recycle) one hundred (100%) percent of excavated soil and plant and land clearing debris.

g.

Plants located adjacent to buildings, sidewalks, roads or other obstructions shall be installed to accommodate their minimum spread, according to a published third-party reference.

h.

Plant species considered invasive by the California Invasive Plant Council shall not be installed.

i.

All covered projects that are either owned or maintained by the City or developed as a public-private partnership that equals or exceeds one hundred thousand ($100,000.00) dollars (in 2009 dollars) in construction costs and adjusted annually to reflect changes in the San Francisco Bay Area Construction Cost Index published in Engineering News Record Magazine initiated on or after the effective date of this chapter shall meet the most recent minimum Bay-Friendly Landscape scorecard.

(Ord. No. 3153 N.S., § 1, 6-7-2016)