The purpose of this article is to establish water efficient landscape regulations that are "at least as effective in conserving water as" the State Model Water Efficient Landscape Ordinance (Government Code § 65591 et seq.) in the context of conditions in the city in order to ensure that landscapes are planned, designed, installed, maintained, and managed in a manner that uses water efficiently, encourages water conservation, and prevents water waste.

It is the intent of the city council to promote water conservation through climate appropriate plant material and efficient irrigation as well as to create a city landscape theme through enhancing and improving the physical and natural environment.

The provisions of this article are supplementary and additional to the subdivision and zoning regulation of this code and shall be read and construed as an integral part of the regulations and controls established thereby.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

For the purpose of carrying out the intent of this article and the guidelines referenced herein that implement this article the following terms are defined:

(a)

Applicant means the person submitting a landscape documentation package. The applicants can be the property owner or the owner's designee.

(b)

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

(c)

Automatic controller (weather based) shall mean a mechanical or solid state timer that evaluates on-site weather measurements, capable of operation valve stations to set the days and length of time of a water application. Automatic controllers utilize "real-time" data as well as multi-year regional data regarding the effects of temperature, humidity, sunlight and wind on the water usage of plants and soil to accurately determine the current irrigation needs.

(d)

Conversion factor (0.62) shall mean a number that converts the maximum applied water allowance from acre-inches per acre per year to gallons per square foot per year. The conversion factor is calculated as follows:

(325,851 gallons/43,560 square feet)/12 inches = (0.62)

325,851 gallons = one acre-foot

43,560 square feet = one acre

12 inches = one foot

(e)

Development projects shall mean the application for approval of a specific plan, subdivision, conditional use permit, site plan review, tentative tract map, parcel map or any other discretionary development permit or entitlement application or ministerial permit which has been filed with and is pending consideration by the city.

(f)

Ecological restoration project shall mean a project wherever the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

(g)

Establishment period shall mean the first year after installing the plant into the landscape.

(h)

Estimated water use shall mean the quantity of supplemental water that will be required in order to maintain the landscape in healthy condition.

(i)

ET adjustment factor shall mean 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 supplemental water that needs to be applied to the landscape. A combined plan mix with a site-wide average of 0.5 is the basis of the plant factor portion of this calculation. The irrigation efficiency for purposes of the ET adjustment factor is 0.71; therefore, ET adjustment factor (0.7) = (0.5/0.71).

(j)

Evapotranspiration shall mean the quantity of water evaporated from adjacent soil surfaces and transpired by plant during a specific time.

(k)

Flow rate shall mean the rate at which water flows through pipes and valves (gallons or cubic feet per second).

(l)

Guidelines refer to the Guidelines for Implementation of the Water Efficient Landscape Ordinance, as approved by the city, which describes procedures, calculations, and requirements for landscape projects subject to this article.

(m)

Hardscapes means any durable material or feature (pervious or non-pervious installed in or around a landscaped area, such as pavement or walls. Pools or other water features are considered part of the landscaped area and are not considered hardscapes.

(n)

Homeowner-installed means any landscaping either installed by a licensed contractor hired and paid directly by a homeowner. A homeowner, for purposes of this article, is a person who occupies the dwelling he or she owns. This definition excludes speculative homes, which are not owner-occupied dwellings and which are subject under this article to the requirements applicable to developer-installed residential landscape projects.

(o)

Hydrozone shall mean a portion of the landscaped area in a zonal planting having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or nonirrigated. For example, a naturalized area planted with native plant materials that does not need supplemental irrigation once established is a nonirrigated hydrozone.

(p)

Irrigation efficiency or IE means the measurement of the amount of water beneficially used divided by the amount of water applied to the landscaped area. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum average irrigation efficiency can be expected from well-designed and maintained systems.

(q)

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

(r)

Landscape documentation package means the documents required to be provided to the city for review and approval of landscape projects subject to this article, as described in the guidelines.

(s)

Landscape rehabilitation means any relandscaping project that meets the applicability criteria of section 90-1702 of this article, where the modified landscape area is greater than 2,500 square feet or where the cumulative modified area is greater than 2,500 square feet if the modifications are planned to occur incrementally within one year.

(t)

Land use entitlement shall mean any legislative, discretionary or quasi-judicial review that requires city approval.

(u)

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

(v)

Maximum applied water allowance (MAWA) means the upper limit of annual water for the landscaped area as specified in Section 2.2 of the guidelines. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use may not exceed the MAWA.

(w)

Moisture sensing device shall mean a device that measures the moisture conditions of the soil in a variety of ways.

(x)

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

(y)

Permit means an authorizing document issued by a local agency for new construction or rehabilitated landscape.

(z)

Rain shut-off valve measures rainfall and automatically shuts off the irrigation system when water reaches a certain level.

(aa)

Recycled water or reclaimed water means treated or recycled wastewater of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

(bb)

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

(cc)

Turf shall mean any grass, as listed below, which is applied by sod or hydroseed:

(1)

Cool-season grasses;

(2)

Warm-season grasses;

(3)

Annual Bluegrass;

(4)

Bermuda Grass;

(5)

Kentucky Bluegrass;

(6)

Kikuyu Grass;

(7)

Perennial Ryegrass;

(8)

Seashore Paspalum;

(9)

Red Fescue;

(10)

St. Augustine Grass;

(11)

Tall Fescue;

(12)

Zoysia Grass;

(13)

Buffalo Grass.

(dd)

Water conservation concept statement shall mean a written declaration by a California registered landscape architect or landscape contractor, a certified irrigation designer or other licensed or landscape and irrigation design. This statement must be an integral part of the landscape and irrigation plans subject to review and approval by the city.

(ee)

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

(ff)

Valve shall mean a device used to control the flow of water in the irrigation system.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

This article applies to:

(a)

New landscape installations or projects by public agencies or private nonresidential developers, except for cemeteries, which are subject to building permit, landscape permit, grading permit, plan check, or design review.

(b)

New landscape installations by developers or property managers (not homeowner-installed or homeowner-hired) of single-family and multifamily residential projects or complexes which are subject to building permit, landscape permit, grading permit, plan check or design review.

(c)

New landscape installations that are homeowner-installed, including homeowner-hired, in single-family or multifamily residential lots with a total project landscaped area equal to or greater than 5,000 square feet, and which are subject to building permit, landscape permit, grading permit, plan check, or design review.

(d)

Landscape rehabilitation projects by public agencies, private developers (except for cemeteries) or property managers of commercial, industrial, institutional, single-family and multifamily residential projects or complexes with a landscaped area, equal to or greater than 2,500 square feet, and which are subject to a building permit, landscape permit, grading permit, plan check, or design review.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

(a)

This article does not apply to:

(1)

Registered local, state or federal historical sites or as determined by the city council;

(2)

Mined-land reclamation projects that do not require a permanent irrigation system;

(3)

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

(4)

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

(b)

The requirements of this article may be partially or wholly waived at the discretion of the planning director for landscape rehabilitation projects that are limited to replacement of plantings with equal or lower water needs and where any modifications to the irrigation system do not require ministerial permits and the irrigation system is found to be designed, operable, and programmed consistent with minimizing water waste in accordance with city and local water purveyor regulations.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

(a)

All landscape plan approvals are subject to and dependent upon the applicant complying with all applicable city ordinances, codes, regulations and adopted policies.

(b)

Should any provision of this article conflict with any other provisions already established by the city, the provisions of this article shall apply.

(c)

If the water purveyor for a proposed project has adopted water-efficient landscaping requirements, all landscaping and irrigation plans submitted shall comply with the water purveyor's requirements. Said plans shall be accompanied by a written document from the water purveyor delineating each requirement.

(d)

Landscape design shall facilitate the implementation of landscape maintenance practices, which foster long-term water conservation. Said practices may include, but not be limited to, scheduling irrigation based on established industry standards, conducting water audits and establishing a water budget to limit the amount of water applied per landscape acre.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

(a)

The submittal, review, revision and approval of all required landscape and irrigation plans shall be in compliance with already established city procedures for land use entitlements. The requirements of this article shall be submitted jointly along with the required applications, plans and fees required for land use entitlement as required by the director of planning and on file in the planning department.

(b)

A landscape documentation package is required to be submitted to the city for review and approval prior to the issuance of permits and prior to the start of construction. Any landscape documentation package submitted to the city must comply with provisions of this article and the guidelines.

(c)

The landscape documentation package must include a certification by a landscape professional stating that the landscape design plan, soil management report, irrigation design plan, and water calculations have been prepared by or under the supervision of the landscape professional and are certified to be in compliance with the provisions of this article.

(1)

Landscape and irrigation plans must be submitted to the city for review and approval with appropriate water use calculations. Water use calculations must be consistent with calculations contained in the guidelines.

(2)

A certification of completion is required to verify compliance with the approved plans and must be obtained in conjunction with a certificate of use and occupancy or a permit final, as provided in the guidelines.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

(a)

Plant types shall be selected and grouped together in regards to their water, soil, sun, and shade requirement pursuant to the guidelines. Trees for shade shall be provided for residential, commercial, and industrial buildings, parking lots and open space areas. These trees can be deciduous or evergreen and are to be incorporated to provide natural cooling opportunities for the purpose of energy and water conservation.

(b)

For new landscape or landscape rehabilitation projects subject to section 90-1702 of this article, the estimated applied water use allowed for the landscaped area may not exceed the MAWA calculated using an ET adjustment factor of 0.7, except for the portion of the MAWA applicable to any special landscaped areas within the landscape project, which may be calculated using an ETAF of 1.0. Where the design of the landscaped area can be otherwise shown to be equivalently water efficient, the applicant may submit alternative or abbreviated information supporting the demonstration that the annual EAWU is less than the MAWA, at the discretion of and review and approval of the city.

(c)

Irrigation of all landscaped areas, including existing landscaped areas, must be conducted in a manner conforming to the rules and requirements regarding water waste in article III, division 3 of the City of Hemet Municipal Code.

(d)

Nothing in this article impacts the obligation of applicants or owners of existing landscapes from having to comply with rules and requirements for water conservation and water waste as may be in place and implemented by a local water purveyor.

(e)

Water systems for common open space areas shall be capable of utilizing non-potable water, if approved facilities are made available by the water purveyor. Provisions for the conversion to a non-potable water system shall be provided within the landscape documentation package. Water systems designed to utilize non-potable water shall be designed to meet all applicable standards of the California Regional Water Quality Control Board.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)

The applicant's landscape architect or the party responsible for preparing the landscaping and irrigation plans shall provide a compliance letter to the planning department, the public works department and the department of building and safety verifying that the landscape and the irrigation system have been installed in compliance with the approved landscape documentation package. A certificate of completion shall be submitted in accordance with the guidelines prior to final inspection of the structure or issuance of occupancy permits, whichever occurs first.

(Ord. No. 1827, § 1(Exh. A), 4-13-10)