2016-01 Amend Chapter 23.26 Water Efficient Landscape ORDINANCE 2016-01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA
TO AMEND CHAPTER 23.26 OF THE ENCINITAS MUNICIPAL CODE, WATER EFFICIENT
LANDSCAPE REGULATIONS, TO BE CONSISTENT WITH THE 2015 STATE MODEL
WATER EFFICIENT LANDSCAPE ORDINANCE (MWELO)
CASE NUMBER: 15-219 POD
SECTION ONE: The City Council of the city of Encinitas does hereby finds and declares as follows:
WHEREAS, in 2006 the State of California adopted the Water Conservation in Landscaping Act
("Act"), Government Code Sections 65591 et seq. to provide for greater efforts at water conservation
and more efficient use of water in landscaping; and
WHEREAS, in accordance with the Act and its predecessor statute, the Department of Water
Resources adopted and periodically amended a Model Water Efficient Landscape Ordinance
(MWELO), currently codified at 23 California Code of Regulations sections 490 et seq., which the City
is at all times required to apply, or alternatively adopt and apply a City ordinance equally as effective at
conserving water; and
WHEREAS, in response to prolonged drought conditions in the State, Governor Edmund G.
Brown, Jr. by Executive Order B-29-15, issued April 1, 2015, directed the Department of Water
Resources to amend the MWELO to increase water efficiency standards for landscapes and to limit the
use of turf, and
WHEREAS, the Department of Water Resources revised the MWELO in accordance with the
Executive Order and the California Water Commission adopted the revised MWELO on July 15, 2015;
and
WHEREAS, the regulations of the current Water Efficient Landscape Regulations, Chapter
23.26 of the Municipal Code, reflect the standards of the previous version of MWELO and therefore are
not as effective in conserving water as the more water efficient updated MWELO and consistent with
the Act and MWELO are required to be replaced by more comprehensive regulations; and
WHEREAS, this ordinance is consistent with the findings and declarations the State Legislature
made when adopting the Act and is at least as effective as the current State MWELO at conserving
water and upon the effective date of this ordinance, the City's Water Efficient Landscape Regulations
shall apply to all covered landscapes in place of the State MWELO.
NOW, THEREFORE, the City Council of the City of Encinitas, California, hereby ordains as
follows:
SECTION TWO: Chapter 23.26 of the Encinitas Municipal Code is hereby amended as follows:
Chapter 23.26
WATER EFFICIENT LANDSCAPE REGULATIONS
Sections:
23.26.010 Chapter Cited.
23.26.020 Purpose.
23.26.030 Definitions.
23.26.040 Applicability.
23.26.050 Landscape Approval.
23.26.060 Administration and Landscape Manual.
23.26.070 Landscape Documentation Package.
23.26.080 Soil Management Report.
23.26.090 Landscape Design Plan.
23.26.100 Irrigation Design Plan
23.26.110 Water Efficient Landscape Worksheet.
23.26.120 Grading Design Plan.
23.26.130 Maximum Applied Water Use.
23.26.140 Estimated Total Water Use.
23.26.150 Cemeteries.
23.26.160 Projects With Model Homes.
23.26.170 Recycled Water.
23.26.180 Graywater Systems
23.26.190 Stormwater Management and Rainwater Retention
23.26.200 Landscaping and Irrigation Maintenance.
23.26.210 Irrigation Schedule.
23.26.220 Irrigation Audit.
23.26.230 Certificate of Completion.
23.26.240 Prescriptive Compliance Option.
23.26.250 Waste Water Prevention.
23.26.260 Enforcement.
23.26.270 Fees.
23.26.010 Chapter Cited.
This chapter shall be known as the "City of Encinitas Water Efficient Landscape Regulations" and may
be so cited. (Ord. 2010-05)
23.26.020 Purpose.
The State Legislature determined in the Water Conservation in Landscaping Act (the "Act"), Govern-
ment Code Sections 65591 et seq., that the state's water resources are in limited supply. The Legisla-
ture also recognized that while landscaping is essential to the quality of life in California, landscape
design, installation, maintenance and management must be water efficient. Consistent with the Legisla-
ture's findings, the purpose of this chapter is to:
A. Promote the values and benefits of landscaping practices that integrate and go beyond the con-
servation and efficient use of water in a manner at least as effective as the Act and implementing
regulations.
B. Establish a structure for planning, designing, installing, maintaining and managing water efficient
landscapes in new construction and projects and modified landscapes.
C. Promote the use, when available, of tertiary treated recycled water for irrigating landscaping.
D. Use water efficiently without waste by setting a maximum applied water allowance (MAWA) as an
upper limit for water use and reduce water use for landscaping to the lowest practical amount.
E. Encourage water users of existing landscapes to use water efficiently and without waste.
F. Encourage landscapes that are planned, designed, installed, managed and maintained to improve
environmental conditions, provide benefits and realize sustainability goals by:
1. Creating the conditions to support life in the soil by reducing compaction, incorporating organic
matter that increases water retention, and promoting productive plant growth that leads to more
carbon storage, oxygen production, shade, habitat and aesthetic benefits.
2. Minimizing energy use by reducing irrigation water requirements, reducing reliance on petrole-
um-based fertilizers and pesticides and planting climate-appropriate shade trees in urban areas.
3. Conserving water by capturing and reusing rainwater and graywater wherever possible and se-
lecting climate-appropriate plants that need minimal supplemental water after establishment.
4. Protecting air and water quality by reducing power equipment use and landfill disposal trips, se-
lecting recycled and locally-sourced materials and using compost, mulch and efficient irrigation
equipment to prevent erosion.
5. Protecting existing habitat and creating new habitat by choosing local native plants and climate-
adapted, non-native plants, avoiding invasive plants and utilizing integrated pest management
with least toxic methods as the first course of action. (Ord. 2016-01)
23.26.030 Definitions.
The following definitions shall apply to this chapter:
"Applied water" means the portion of water supplied by the irrigation system to the landscape.
"Automatic irrigation controller" means a timing device used to remotely control valves that operate an
irrigation system. Automatic irrigation controllers shall be able to self-adjust and schedule irrigation
events using either evapotranspiration(ETo) (weather-based)or moisture sensor data.
"Building permit" means a permit to engage in a certain type of construction on a specific location.
"Certified irrigation designer" means a person certified to design irrigation systems by an accredited ac-
ademic institution, a professional trade organization or other program such as the US Environmen-
tal Protection Agency's WaterSense irrigation designer certification program and the Irrigation As-
sociation's Certified Irrigation Designer program.
"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
the Irrigation Association's Certified Landscape Irrigation Auditor program.
"Common-interest development" means community apartment projects, condominium projects, planned
developments and stock cooperatives as per Civil Code Section 4100.
"Compost" means the safe and stable product of controlled biologic decomposition of organic materials
that is beneficial to plant growth.
"Developer" means a person who seeks or receives permits for or who undertakes land development
activities who is not a single-family homeowner. Developer includes a developer's partner, associ-
ate, employee, consultant, trustee or agent.
"Director" means the Director of Planning and Building or anyone whom the Director has designated or
hired to administer or enforce this chapter.
"Discretionary permit" means any permit requiring a decision-making body to exercise judgment prior
to its approval, conditional approval or denial.
"Distribution uniformity" means the measure of the uniformity of irrigation water over a defined area.
"Established landscape" means the point at which plants in the landscape have developed significant
root growth into the soil. Typically most plants are established after one or two years of growth.
"Establishment period of 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 plant are estab-
lished after one or two years of growth. Native habitat mitigation areas and trees may need three to
five years for establishment.
"Estimated total water use" (ETWU) means the estimated total water use in gallons per year for a
landscape area.
"ET adjustment factor" (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential
areas that when applied to reference evapotranspiration (ETo), adjusts for plant water require-
ments and irrigation efficiency, two major influences on the amount of water that is required for a
healthy landscape.
"Evapotranspiration" (ETo) means the quantity of water evaporated from adjacent soil and other sur-
faces and transpired by plants during a specific time period.
"Flow sensor" means an inline device installed at the supply point of the irrigation system that produces
a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irri-
gation controller or flow monitor capable of receiving flow signals and operation master valves. This
combination flow sensor/controller may also function as a landscape water meter or submeter.
"Grading" means any importation, excavation, movement, loosening or compaction of soil or rock.
"Hardscape" means any durable surface material, pervious or non-pervious.
"Hydrozone" means a portion of the landscaped area having plants with similar water needs and
rooting depth. A hydrozone may be irrigated or non-irrigated.
"Invasive species" means species of plants not historically found in California that spread outside culti-
vated areas and may damage environmental or economic resources.
"Irrigation audit" means an in-depth evaluation of the performance of an irrigation system conducted by
a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to, inspection,
system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray
or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be
conducted in a manner consistent with the Irrigation Association's Landscape Irrigation Auditor Cer-
tification program or other US Environmental Protection Agency "Watersense" labeled auditing pro-
gram.
"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the
water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system
characteristics and management practices. Irrigation efficiency for purposes of this ordinance are
0.75 for overhead spray and 0.81 for drip systems.
"Landscape architect" means a person who holds a license to practice landscape architecture in the
state of California Business and Professions Code, Section 5615.
"Landscaped area" means an area with outdoor plants, turf and other vegetation. A landscaped area
includes a water feature either in an area with vegetation or that stands alone. A landscaped area
may also include design features adjacent to an area with vegetation when allowed under Section
23.26110B6. A landscaped area does not include the footprint of a building, decks, patio, sidewalk,
driveway, parking lot or other hardscape that does not meet the criteria in Section 23.26.110B6. A
landscaped area also does not include an area without irrigation designated for non-development
such as designated open space or area with existing native vegetation.
"Landscape contractor" means a person licensed by the state of California to construct, maintain, re-
pair, install or subcontract the development of landscape systems.
"Landscape design manual" means the manual, approved by the City that establishes specific design
criteria and guidance to implement the requirements of this chapter.
"Landscape water meter" means an inline device installed at the irrigation supply point that measures
the flow of water into the irrigation system and is connected to a totalizer to record water use.
"Low head drainage" means a sprinkler head or other irrigation device that continues to emit water after
the water to the zone in which the device is located has shut off.
"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 lines or bubblers.
"Mass grading" means the movement of soil per the Grading, Erosion, and Sediment Control Ordi-
nance, Municipal Code Chapter 23.24.
"Master shut-off valve" means an automatic valve installed at the irrigation supply point which controls
water flow into the irrigation system. When this valve is closed water will not be supplied to the irri-
gation system.
"Maximum applied water allowance" (MAWA) means the upper limit of annual applied water for the estab-
lished landscape area based on the reference evapotranspiraton (ETo), the evapotranspiration ad-
justment factor(ETAF) and the size of the landscape area.
"Median" means an area between opposing lanes of traffic that may be unplanted or planted.
"Mulch" means an organic material such as leaves, bark, straw or inorganic mineral materials such as
rocks, gravel or decomposed granite left loose and applied to the soil surface to reduce evapora-
tion, suppress weeds, moderate soil temperature or prevent soil erosion.
"New construction" means, for the purpose of this ordinance, a new building with a landscape or other
new landscape, such as park, playground, or greenbelt without an associated building.
"Nonresidential landscape" means landscapes in commercial, institutional, industrial and public settings
that may have areas designated for recreation or public assembly. It also includes portions of com-
mon areas of common-interest developments with designated recreational areas.
"Overspray" means the water from irrigation that is delivered outside an area targeted for the irrigation
and makes contact with a surface not intended to be irrigated.
"Parkway" means the area between the curb or the edge of the traffic lane where there is no curb to the
property line or easement line of a public or private roadway. It may be planted or unplanted and
with or without pedestrian egress.
"Pervious" means any surface or material that allows the passage of water through the material and
into underlying soil.
"Plant factor" means a factor that when multiplied by the ETo, estimates the amount of water a plant
needs.
"Public water purveyor" means a public utility, municipal water district, municipal irrigation district or
municipality that delivers water to customers.
"Recreation area" means areas, excluding private single-family residential areas, designated for active
play, recreation or public assembly in parks, sports fields, picnic grounds, amphitheaters, or golf
course tees, fairways, roughs, surrounds and greens.
"Recycled water" means waste that has been treated at the highest level required by the California De-
partment of Health Services for water not intended for human consumption. "Tertiary treated recy-
cled water" means water that has been through three levels of treatment including filtration and disin-
fection.
"Reference evapotranspiration" means a standard measurement of environmental parameters which
affect the water use of plants. ETo is given in inches per day, month, or year and is an estimate of
the ETo of a large field of four-inch to seven-inch tall, cool season turf that is well watered. Ref-
erence ETo is used as the basis of determining the Maximum Applied Water Allowance (MAWA) so
that regional differences in climate can be accommodated. For purposes of this chapter, reference
ETo shall be 42.9 inches per year.
"Residential landscape" means landscapes surrounding single or multi-family homes.
"Runoff' means water that is not absorbed by the soil or landscape to which it is applied and flows from
the landscaped area.
"Special landscaped area" means an area of the landscape dedicated to edible plants, recreational
areas, an area irrigated with recycled water or water features using recycled water.
"Submeter" means a metering device to measure water applied to the landscape that is installed after
the primary utility meter.
"Subsurface irrigation" means an irrigation device with a delivery line and water emitters installed be-
low the soil surface that slowly and frequently emit small amounts of water into the soil to irrigate
plant roots.
"Transitional area" means a portion of a landscaped area that is adjacent to a natural or undisturbed
area and is designated to ensure that the natural area remains unaffected by plantings and irrigation
installed on the property.
"Turf" means a groundcover surface of mowed grass.
"Water feature" means a design element where open water performs an aesthetic or recreational func-
tion. A water feature includes a pond, lake, waterfall, fountain, artificial streams, spa and swimming
pool. Constructed wetlands used for on-site wastewater treatment or stormwater best management
practices are not water features.
MUCOLS" means Water Use Classification of Landscape Species published by the University of Cali-
fornia Cooperative Extension and the Department of Water Resources, 2014, or the most recent
version thereof. (Ord. 2016-01)
23.26.040 Applicability.
A. This chapter shall apply to the following projects that require a building permit or a discretionary
permit:
1. New construction projects with an aggregate landscape area equal to or greater than 500
square feet.
2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than
2,500 square feet.
3. A model home that includes a landscaped area.
4. A cemetery under limited requirements in Section 23.26.150.
B. Any project with an aggregate landscape area of 2,500 square feet or less may comply with the per-
formance requirements of this ordinance or conform to the Prescriptive Compliance Option speci-
fied in Section 23.26.240.
C. For project using treated or untreated graywater or rainwater captured onsite, any lot or parcel with-
in the project that has less than 2,500 square feet or less of aggregate landscape area and meets
the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or
untreated graywater or rainwater captured onsite is subject only to Section 23.26.240135.
D. This chapter shall not apply to the following:
1. A registered local, state or federal historical site.
2. An ecological restoration project that does not require a permanent irrigation system.
3. A mined land reclamation project that does not require a permanent irrigation system.
4. Existing plant collections as part of a botanical garden or arboretum open to the public. (Ord.
2016-01)
23.26.050 Landscape Approval.
A. No person shall install landscaping for a project subject to this chapter without the review and ap-
proval required by this chapter.
B. A person constructing a project subject to the requirements of this chapter shall obtain approval
for the landscaped area as follows:
1. A person applying for a building permit for a single-family residence that does not require a
discretionary permit shall obtain an approval of the landscaping from the City as part of the
permitting process.
2. A person applying for a discretionary permit described in Section 23.26.040:
a. Shall submit a landscape documentation package as required by the discretionary permit
application. The landscape documentation package shall include all of the information as
specified in Section 23.26.070 except that a soil management report is not required and that
the details of the irrigation system do not need to be shown. The landscape documentation
package shall show the location of any separate water meters for landscaped areas and
shall provide a discussion of the proposed method and type of irrigation and how the goal
of water conservation will be attained.
b. Shall obtain approval in accordance with this chapter for landscaping as part of the permit-
ting process for each building permit for each project segment that requires installation of a
water meter or connection to an existing water meter.
c. May use "typical" plans for developer-installed landscaping for single-family homes.
C. Upon approval of a project and landscaped area associated with a discretionary or building permit,
the City shall provide a copy of the water efficient landscape worksheet to the local water purveyor.
D. Upon approval of a project and landscape area associated with a building permit, the project appli-
cant shall:
1. Submit a copy of the approved landscape documentation package along with the record draw-
ings and any other information to the property owner or his/her designee.
2. Submit a copy of the water efficient landscape worksheet to the local water purveyor.
E. A person issued an approval of a project with a landscaped area shall install the approved land-
scaping and irrigation system before final inspection of the project. (Ord. 2016-01)
23.26.060 Administration and Landscape Manual.
A. The Director shall administer and enforce this chapter.
B. The Director shall prepare a landscape design manual or may designate the current County of
San Diego Landscape Design Manual as the City landscape design manual to provide guid-
ance to applicants on how to comply with the requirements of this chapter. (Ord. 2010-05)
23.26.070 Landscape Documentation Package.
A. Except as otherwise provided, applications for projects subject to Section 23.26.040 shall include a
landscape documentation package that complies with the provisions of this chapter and with the
landscape design manual.
B. An applicant for a project described in Section 23.26.0408 or Section 23.26.040C is eligible to con-
form to the prescriptive compliance option specified in Section 23.26.240 of this chapter in lieu of
submitting a landscape documentation package.
C. An applicant for a permit for a cemetery is not required to submit a landscape documentation pack-
age, but shall comply with Section 23.26.150.
D. The landscape documentation package required by subsection A of this section shall contain the
following:
1. A soil management report and plan that complies with Section 23.26.080 that analyzes the
soil within each landscaped area of the project and makes recommendations regarding soil ad-
ditives. A soil management report is not required for discretionary applications.
2. A landscape design plan describing the landscaping for the project that complies with Section
23.26.090 and an irrigation design plan describing the irrigation for the project that complies
with Section 23.26.100. For discretionary applications, the details of the irrigation system do
not need to be shown but the concept plan shall show the location of any separate water me-
ters for landscaped areas and shall provide a discussion of the proposed method and type of
irrigation and how the goal of water conservation will be attained.
3. A water efficient landscape worksheet that complies with Section 23.26.110 that calculates
the MAWA and the ETWU for the project.
4. A grading design plan that complies with Section 23.26.120 that describes the grading of the
project. If the project applicant has submitted a grading plan with the application for the pro-
ject, the Director may accept that grading plan in lieu of the grading design plan required by
this subsection if the grading plan complies with Section 23.26.120. (Ord. 2016-01)
23.26.080 Soil Management Report.
A. The soil management report required by Section 23.26.070 shall be prepared by a California li-
censed landscape architect, licensed civil engineer, licensed architect or other landscape pro-
fessional licensed by the state to do this work and shall contain the following information:
1. An analysis of the soil for the proposed landscaped areas of the project that includes infor-
mation about the soil texture, soil infiltration rate, pH, total soluble salts, sodium, and percent
organic matter. The analysis shall be completed by a properly certified or accredited laboratory
using accepted industry protocol.
2. Recommendations and information about soil amendments and mulch that may be necessary to
foster plant growth and plant survival in the landscaped area using efficient irrigation techniques.
The report shall identify the type and amount of mulch for each area where mulch is applied.
B. When a project involves mass grading of a site the applicant shall submit the soil management
report that complies with subsection A of this section with the certificate of completion required by
Section 23.26.230.
C. In projects with multiple landscape installations (i.e. production home developments), a soil sam-
pling rate of one in seven lots or approximately 15% will satisfy this requirement. Large landscape
projects shall sample at a rate equivalent to one in seven lots.
D. The soil analysis report shall be made available, in a timely manner, to the professionals preparing
the landscape design plans and irrigation design plans to make any necessary adjustments to the
design plans.
E. The project applicant, or his/her designee, shall submit documentation verifying implementation of
soil analysis report recommendations with the certificate of completion required by Section
23.26.230. (Ord. 2016-01)
23.26.090 Landscape Design Plan.
A. For the efficient use of water, a landscape shall be carefully designed and planned for the intended
function of the project. A landscape design plan meeting the following criteria shall be submitted as
part of the landscape documentation package.
1. Plant Material
a. Any plant may be selected for the landscape provided the Estimated Total Water Use
(ETWU) in the landscape area does not exceed the Maximum Applied Water Allowance
(MAWA). Methods to achieve water efficiency shall include one or more of the following:
i. Protection and preservation of native species and natural vegetation.
ii. Selection of water-conserving plant, tree and turf species, especially local native plants.
iii. Selection of plants based on local climate suitability, disease and pest resistance.
iv. Selection of trees based on size at maturity as appropriate for the planting area.
v. Selection of plants from local and regional landscape program plant lists.
vi. Selection of plants from local fuel modification plan guidelines.
b. Plants shall be selected and planted appropriately based upon their adaptability to the cli-
matic, geologic and topographical conditions of the project site. Methods to achieve water
efficiency shall include one or more of the following:
i. Use of the Sunset Western Climate Zone System, which takes into account temperature,
humidity, elevation, terrain, latitude and varying degrees of continental and marine influ-
ence on local climate.
ii. Recognize the horticultural attributes of plants (i.e. mature plant size, invasive surface
roots) to minimize damage to property or infrastructure (e.g. buildings, sidewalks, power
lines) and to allow adequate soil volume for healthy root growth.
iii. Consider the solar orientation for plant placement to maximize summer shade and winter
solar gain.
c. Use of Turf. The following regulations shall apply to the use of turf on a project subject to
this chapter:
i. Only low volume or subsurface irrigation shall be used for turf in a landscaped area:
(A) On a slope greater than 25% grade where the toe of the slope is adjacent to an im-
permeable hardscape.
(B) Where any dimension of the landscaped area is less than six feet wide.
ii. On a commercial, industrial, institutional multifamily or public agency project, no turf shall
be allowed on a center island median strip or on a parking lot island.
iii. A ball field, park, golf course, cemetery and other similar use shall be designed to limit
turf in any portion of a landscaped area not essential for the operation of the facility.
iv. No turf shall be allowed in a landscaped area that cannot be efficiently irrigated, such as
avoiding runoff or overspray. (Ord. 2010-05)
d. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street
medians.
e. No invasive plant species shall be added to a landscaped area.
f. The architectural guidelines of a common interest development shall not prohibit or include
conditions that have the effect of prohibiting the use of low-water use plants as a group.
2. Water Features
a. Recirculating water systems shall be used for water features.
b. Where available, recycled water shall be used as a source for decorative water features.
c. Pool and spa covers are highly recommended.
3. Soil Preparation, Mulch and Amendments
a. Prior to the planting of any materials, compacted soils shall be transformed to a friable con-
dition. On engineered slopes, only amended planting holes need meet this requirement.
b. Soil amendments shall be incorporated according to the recommendations of the soils man-
agement report required as per Section 23.26.080 and what is appropriate for the plants se-
lected.
c. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000
square feet of permeable area shall be incorporated to depth of six inches into the soil. Soils
with greater than 6% organic matter in the top six inches of soil are exempt from adding
compost and tilling.
d. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces in each
landscaped area except in turf areas, creeping or rooting ground covers or direct seeding
applications where mulch is contraindicated. To provide habitat for beneficial insects and
other wildlife, up to 5% of the landscaped area may be left without mulch. Designated insect
habitat must be included in the landscape design plan as such.
e. Stabilizing mulching products shall be applied on slopes that meet current engineering
standards.
f. The mulching portion of seed/mulch slurry in hydro-seeded applications shall comply with
subparagraph a of this paragraph F1.
g. Organic mulch materials from recycled or post-consumer shall take precedence over inor-
ganic materials or virgin forest products unless the recycled post-consumer organic products
are not locally available. Organic materials
h. Highly flammable mulch material shall not be used.
B. The landscape design plan, at a minimum, shall:
1. Be prepared by a licensed landscape architect, licensed civil engineer, licensed architect or
other landscape professional licensed by the state to do this work.
2. Include a statement signed under penalty of perjury by the person who prepared the plan
that provides, "I am familiar with the requirements for landscape and irrigation plans contained
in the City of Encinitas Water Efficient Landscape Regulations. I have prepared this plan in
compliance with those regulations and the Landscape Design Manual. I certify that the plan im-
plements those regulations to provide efficient use of water."
3. Address fire safety issues and demonstrate compliance with applicable requirements for defen-
sible space around buildings and structures and shall avoid the use of fire prone vegetation.
4. Show features and characteristics of the property and project including but not limited to proper-
ty lines, streets, street names, pervious and impervious hardscapes such as driveways, walk-
ways, and other paved areas, the footprint of existing and proposed buildings and structures,
water features, fences, and retaining walls. Elevations may be required for new structures in
the landscaped areas such as trellises, fences, gazebos, etc.
5. Include a list of all vegetation by common and botanical plant name, which exists in the
proposed landscaped area. The plan shall state what vegetation will be retained and what will
be removed.
6. Include a list of all vegetation by common and botanical plant name that will be added to each
landscaped area. Provide the plant factor for each species on the list. The plan shall include the
total quantities by container size and species. If the applicant intends to plant seeds, the plan
shall describe the seed mixes and applicable purity and germination specifications.
7. The plan shall be accompanied by a drawing showing on a page or pages the specific location
of all vegetation, retained or planted, the plant spacing and plant size, natural features, water
features, and hardscape areas. The drawing shall include a legend listing the common and bo-
tanical plant name and plant factor of each plant shown on the drawing.
8. All plants shall be grouped in hydrozones and the irrigation shall be designed to deliver water
to hydrozones based on the moisture requirements of the plant grouping. A hydrozone may mix
plants of moderate and low water use or mix plants of high water use with plants of moderate
water use. No high water use plants shall be allowed in a low water use hydrozone. The plan
shall also demonstrate how the plant groupings accomplish the most efficient use of water.
9. The plan shall be accompanied by a drawing showing on a page or pages each hydrozone and
specifying each as low, moderate, high water or mixed water use. Hydrozones shall be deline-
ated and labeled by number, letter or other method.
10. Identify areas permanently and solely dedicated to edible plants.
11. Demonstrate that landscaping when installed and at maturity will be positioned to avoid ob-
structing motorists' views of pedestrian crossings, driveways, roadways and other vehicular
travel ways. If the landscaping will require maintenance to avoid obstructing motorists' views,
the plan shall describe the maintenance, the frequency of the proposed maintenance and the
party responsible for maintenance.
12. Avoid the use of landscaping with known surface root problems adjacent to a paved area, un-
less the plan provides for installation of root control barriers or other appropriate devices to con-
trol surface roots.
13. Plants in a transitional area shall consist of a combination of site adaptive and compatible na-
tive and/or non-native species. No invasive species shall be introduced or tolerated in a transi-
tional area. The irrigation in a transitional area shall be designed so that no overspray or runoff
shall enter an adjacent area that is not irrigated.
14. Include a detailed description of each water feature that will be included in the landscaped area,
including at a minimum feature type and surface area.
15. Identify type of mulch and application depth.
16. Identify type and quantity of soil amendments.
17. Identify location, installation details and 24-hour retention or infiltration capacity of any applica-
ble stormwater best management practices that encourage onsite retention and infiltration of
stormwater. Stormwater best management practices are encouraged in the landscape design
plan. (See Section 23.26.190.)
18. Identify areas irrigated with recycled water.
19. Identify any applicable rain harvesting or catchment technologies as discussed in Section
23.26.190 and their 24-hour retention or infiltration capacity.
20. Identify any applicable graywater discharge piping, system components and areas of distribu-
tion.
21. On a project other than a single-family residence, the plan shall identify passive and active rec-
reational areas.
23.26.100 Irrigation Design Plan.
A. For the efficient use of water, an irrigation system shall meet all the requirements listed in this sec-
tion and the manufacturers' recommendations. The irrigation system and its related components
shall be planned and designed to allow for proper installation, management and maintenance.
B. An irrigation design plan meeting the following design criteria shall be submitted as part of the land-
scape documentation package:
1. System
a. Landscape water meters, defined as either dedicated water service meter or private subme-
ter, shall be installed for all nonresidential irrigated landscapes of 1,000 square feet but not
more than 5,000 square feet (the level at which Water Code 535 applies) and residential ir-
rigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:
i. A customer service meter dedicated to landscape use provided by the local water pur-
veyor; or
ii. A privately owned meter or submeter.
b. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data
utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation sys-
tems.
c. If the water pressure is below or exceeds the recommended pressure of the specified irriga-
tion devices, the installation of a pressure regulating device is required to ensure that the
dynamic pressure at each emission device is within the manufacturer's recommended pres-
sure range for optimal performance.
i. If the static pressure is above or below the required dynamic pressure of the irrigation
system, pressure-regulating devices such as inline pressure regulators, booster pumps,
or other devices shall be installed to meet the required dynamic pressure of the irrigation
system.
ii. Static water pressure, dynamic or operating pressure, and flow reading of the water
supply shall be measured at the point of connection. These pressure and flow meas-
urements shall be conducted at the design stage. If the measurements are not available
at the design stage, the measurements shall be conducted at installation.
d. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation
operation during unfavorable weather conditions shall be required on all irrigation systems,
as appropriate for local climatic conditions. Irrigation should be avoided during windy or
freezing weather or during rain.
e. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required
as close as possible to the point of connection of the water supply to minimize water loss in
case of an emergency (such as a main line break) or routine repair. Additional manual
shutoff valves shall be installed between each zone of the irrigation system and the water
supply.
f. Backflow prevention devices shall be required to protect the water supply from contamina-
tion by the irrigation system. A project applicant shall refer to the applicable local agency
code (i.e., public health) for additional backflow prevention requirements.
g. Flow sensors that detect high flow conditions created by system damage or malfunction are
required for all on nonresidential landscapes and residential landscapes of 5000 square feet
or larger.
h. Master shut-off valves are required on all projects except landscapes that make use of tech-
nologies that allow for the individual control of sprinklers that are individually pressurized in
a system equipped with low pressure shut down features.
i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or
other similar conditions where irrigation water flows onto non-targeted areas, such as adja-
cent property, non-irrigated areas, hardscapes, roadways, or structures.
j. Relevant information from the soil management plan, such as soil type and infiltration rate,
shall be utilized when designing irrigation systems.
k. The design of the irrigation system shall conform to the hydrozones of the landscape design
plan.
I. The irrigation system must be designed and installed to meet, at a minimum, the irrigation
efficiency criteria as described in Section 23.26.110 regarding the Maximum Applied Water
Allowance.
m. All irrigation emission devices must meet the requirements set in the American National
Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engi-
neers'/International Code Council's (ASABE/ICC) 802-2014 "Landscape Irrigation Sprinkler
and Emitter Standard, All sprinkler heads installed in the landscape must document a distri-
bution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-
2014.
n. It is highly recommended that the project applicant or local agency inquire with the local wa-
ter purveyor about peak water operating demands (on the water supply system) or water re-
strictions that may impact the effectiveness of the irrigation system.
o. In mulched planting areas, the use of low volume irrigation is required to maximize water in-
filtration into the root zone.
p. Sprinkler heads and other emission devices shall have matched precipitation rates, unless
otherwise directed by the manufacturer's recommendations.
q. Head to head coverage is recommended. However, sprinkler spacing shall be designed to
achieve the highest possible distribution uniformity using the manufacturer's recommenda-
tions.
r. Swing joints or other riser-protection components are required on all risers subject to dam-
age that are adjacent to hardscapes or in high traffic areas of turfgrass.
s. Check valves or anti-drain valves are required on all sprinkler heads where low point drain-
age could occur.
t. Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation
or other means that produces no runoff or overspray.
u. Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface.
Allowable irrigation within the setback from non-permeable surfaces may include drip, drip
line, or other low flow non-spray technology. The setback area may be planted or unplanted.
The surfacing of the setback may be mulch, gravel, or other porous material. These re-
strictions may be modified if:
i. the landscape area is adjacent to permeable surfacing and no runoff occurs; or
ii. the adjacent non-permeable surfaces are designed and constructed to drain entirely to
landscaping; or
iii. the irrigation designer specifies an alternative design or technology, as part of the Land-
scape Documentation Package and clearly demonstrates strict adherence to irrigation
system design criteria in Section 23.26.100131i.
v. Slopes greater than 25% (one foot of vertical elevation change for each four feet of horizon-
tal length) shall not be irrigated with an irrigation system 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, as part of the Landscape Documentation Package, and
clearly demonstrates no runoff or erosion will occur.
w. All wiring and piping under a paved area that a vehicle may use, such as a parking area,
driveway or roadway, will be installed inside a PVC conduit.
x. Irrigation piping and irrigation devices that deliver water, such as sprinkler heads, shall be in-
stalled below grade using swing joints or other riser-protection components if they are within
24 inches of a vehicle or pedestrian use area. The Director may allow on-grade piping
where landform constraints make below grade piping infeasible.
2. Hydrozone
a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions,
and plant materials with similar water use.
b. Sprinkler heads and other emission devices shall be selected based on what is appropriate
for the plant type within that hydrozone.
c. Where feasible, trees shall be placed on separate valves from shrubs, groundcovers and
turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root
zone shall be considered when designing irrigation for the tree.
c. Individual hydrozones that mix plants of moderate and low water use, or moderate and high
water use, may be allowed if:
i. plant factor calculation is based on the proportions of the respective plant water uses
and their plant factor; or
ii. the plant factor of the higher water using plant is used for calculations.
e. Individual hydrozones that mix high and low water use plants shall not be permitted.
f. On the landscape design plan and irrigation design plan, hydrozone areas shall be desig-
nated by number, letter, or other designation. On the irrigation design plan, designate the
areas irrigated by each valve, and assign a number to each valve. Use this valve number in
the Hydrozone Information Table. This table can also assist with the irrigation audit and pro-
gramming the controller.
C. The irrigation design plan, at a minimum, shall:
1. Be prepared by a licensed landscape architect, certified irrigation designer, licensed civil engi-
neer, licensed architect or other landscape professional licensed by the state to do this work.
2. Include the MAWA for the plans, including the calculations used to determine the MAWA.
The calculations shall be based on the formula in Section 23.26.130 and the water efficient land-
scape worksheet.
3. Include the ETWU for the plans, including the calculations used to determine the ETWU. The
calculations shall be based on the formula in Section 23.26.140 and the water efficient land-
scape worksheet.
4. Show the location of separate water meters for landscape.
5. Show the location, type and size of all components of the irrigation system that will provide water
to the landscape area, including the controller, water lines, valves, sprinkler heads, moisture
sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention
devices.
6. Describe each automatic irrigation controller the system uses to regulate irrigation schedule
and whether it is a weather based system or moisture detection system. The plan shall depict
the location of electrical service for the automatic irrigation controller or describe the use of
batteries or solar power that will power valves or a smart controller.
7. Show the static water pressure at the point of connection to the public water supply.
8. Show the flow rate in gallons, the application rate in inches per hour and the design operating
pressure per square inch for each station.
9. Show recycled water irrigation systems and the areas irrigated with recycled water.
10. Identify areas irrigated with graywater or rainwater captured onsite.
11. Demonstrate how grading and drainage techniques promote healthy plant growth and prevent
erosion and runoff. (Ord. 2016-01)
23.26.110 Water Efficient Landscape Worksheet.
The water efficient landscape worksheet required by Section 23.26.070 shall be prepared by a Cali-
fornia licensed landscape architect, licensed civil engineer, licensed architect, or other landscape pro-
fessional licensed by the state to do this work and shall contain the following:
A. Information on the plant factor, irrigation method, irrigation efficiency and area associated with each
hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ET-
AF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for
nonresidential areas, exclusive of special landscape areas.
1. The ETAF for a landscaped project is based on the plant factors and irrigation methods select-
ed.
2. The MAWA is calculated based on the maximum ETAF allowed (0.55 for residential areas and
0.45 for nonresidential areas) and expressed as annual gallons required.
3. The Estimated Total Water Use is calculated based on the plants used and irrigation method se-
lected for the landscape design. The ETWU must be below the MAWA.
B. Water budget calculations, which shall meet the following requirements:
1. The plant factor used shall be from WUCOLS, or may be obtained from horticultural research-
ers from academic institutions or professional associations as approved by the California De-
partment of Water Resources. The plant factor shall be 0.1 for very low water use plants, from
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. A plan that mixes plants in a hydrozone that require a different
amount of water shall use the plant factor for the highest water using plant in the hydrozone.
2. Temporarily irrigated areas shall be included in the low water use hydrozone. Temporarily irri-
gated as used in this chapter means the period of time when plantings only receive water until
they become established.
3. The surface area of a water feature, including swimming pools, shall be included in a high
water use hydrozone.
4. The calculations shall use the formula for the MAWA in Section 23.26.130 and for the ETWU
in Section 23.26.140.
5. All special landscaped areas shall be identified by their water use calculated as shown on the
water efficient landscape worksheet. The ETAF for new and existing special landscaped areas
shall not exceed 1.0.
6. Rock and stone or pervious design features, such as decomposed granite ground cover that
are adjacent to a vegetated area may be included in the calculation of the MAWA and ETWU
provided the features are integrated into the design of the landscape area and the primary pur-
pose of the feature is decorative. (Ord. 2016-01)
23.26.120 Grading Design Plan.
The grading design plan required by Section 23.26.070 shall be prepared by a California licensed civil
engineer, licensed landscape architect, licensed architect, or other landscape professional licensed by
the state to do this work and shall comply with following requirements:
A. The grading on the project site shall be designed for the efficient use of water by minimizing soil
erosion, runoff and water waste resulting from precipitation and irrigation.
B. The plan shall show the finished configurations and elevations of each landscaped area includ-
ing the height of graded slopes, the drainage pattern, pad elevations, finish grade and any
stormwater retention improvements. (Ord. 2016-01)
23.26.130 Maximum Applied Water Use.
A. A landscape project subject to this chapter shall not exceed the Maximum Applied Water Allow-
ance (MAWA). The MAWA for a landscape project shall be determined by the following calculation:
MAWA (Annual Gallons Allowed) _ (ETo)(0.62)((ETAF x LA) + ((1 —ETAF)x SLA)]
B. The abbreviations used in the equation have the following meanings:
1. MAWA= Maximum applied water allowance in gallons per year.
2. ETo = Evapotranspiration in inches per year.
3. 0.62 = Conversion factor to gallons per square foot.
4. ETAF = adjustment factor for plant factors and irrigation efficiency. (0.55 for residential areas
and 0.45 for nonresidential areas)
5. LA= Landscaped area includes special landscaped area in square feet.
6. 1 - ETAF = The additional ET adjustment factor for a special landscaped area.
7. SLA = Portion of the landscaped area identified as a special landscaped area in square feet.
(Ord. 2016-01)
23.26.140 Estimated Total Water Use.
A. An applicant for a project subject to this chapter shall calculate the ETWU for each landscaped
area and the entire project using the following equation:
ETWU = (ETo)(0.62)(PF x HA/ I + SLA)
B. The abbreviations used in the equation have the following meanings:
1. ETWU = Estimated total water use in gallons per year.
2. ETo = Evapotranspiration in inches per year.
3. 0.62 = Conversion factor to gallons per square foot.
4. PF = Plant factor from WUCOLS or from horticultural researchers from academic institutions or
professional associations as approved by the California Department of Water Resources.
5. HA = Hydrozone area in square feet. Each HA shall be classified based upon the data includ-
ed in the landscape and irrigation plan as high, medium or low water use.
6. IE = Irrigation efficiency of the irrigation method used in the hydrozone.
7. SLA= Special landscaped area in square feet.
C. The ETWU for a proposed project shall not exceed the MAWA. (Ord. 2016-01)
23.26.150 Cemeteries.
A person submitting an application for a cemetery shall include the following:
A. A landscape concept plan including all of the information specified for a landscape design plan in
Section 23.26.090 and the proposed method and type of irrigation.
B. A water efficient landscape worksheet that calculates the MAWA for the project that complies
with Section 23.26.110.
C. A landscape irrigation and maintenance schedule that complies with Section 23.26.200. (Ord.
2016-01)
23.26.160 Projects With Model Homes.
A. All model homes that are landscaped shall use signs and written information to demonstrate the
principles of water efficient landscapes described in this ordinance.
B. A person who obtains a permit to construct a single-family residential development that contains a
model home or homes shall provide a summary of this chapter to each adult visitor that visits a
model home. If an adult visitor is accompanied by one or more adults during the visit only one set of
written materials is required to be provided.
C. Information shall be provided about designing, installing, managing, and maintaining water efficient
landscapes.
D. Each model home shall provide an educational sign in the front yard of the model home visible and
readable from the roadway that the home faces that states in capital black lettering at least two
inches high on a white sign, "THIS MODEL HOME USES WATER EFFICIENT LANDSCAPING
AND IRRIGATION."
E. Signs shall be used to identify the model as an example of a water efficient landscape featuring el-
ements such as hydrozones, irrigation equipment, and others that contribute to the overall water ef-
ficient theme. Signage shall include information about the site water use as designed per the local
ordinance; specify who designed and installed the water efficient landscape; and demonstrate low
water use approaches to landscaping such as using native plants, graywater systems, and rainwa-
ter catchment systems. (Ord. 2016-01)
23.26.170 Recycled Water.
A. A person who obtains a permit for a project that is subject to this chapter shall use recycled water
for irrigation when tertiary treated recycled water is available from the water purveyor who supplies
water to the property for which the City issues a permit.
B. A person using recycled water shall install a dual distribution system for water received from a
public water purveyor. Pipes carrying recycled water shall be purple.
C. A person who uses recycled water under this section shall be entitled to an ETAF of 1.0 for portions
of the landscaped area utilizing recycled water.
D. This section does not excuse a person using recycled water from complying with all state and local
laws and regulations related to recycled water use. (Ord. 2016-01)
23.26.180 Graywater Systems.
A. Graywater systems promote the efficient use of water and are encouraged to assist in onsite land-
scape irrigation. All graywater systems shall conform to the California Plumbing Code. Refer to Sec-
tion 23.26.040C for the applicability of this ordinance to landscaped areas less than 2,500 square
feet with the Estimated Total Water Use met entirely by graywater.
B. Graywater systems may include tanks, filters, pumps and piping for subsurface landscape irrigation
through mulch basins, disposal trenches or subsurface drip irrigation fields.
C. Graywater shall only be used for subsurface irrigation. An exception is allowed for ground surface
discharge in a mulch basin as long as the discharge point(s) remain covered with at least two inch-
es of mulch, rock or soil.
D. Graywater may be used to irrigate fruit trees, ornamental trees, shrubs, groundcovers and lawns.
Graywater shall not be used in vegetable gardens where the food is a root crop or touches the
ground surface.
E. Graywater is distinct from and does not include captured rainwater or recycled water. (Ord. 2016-
01)
23.26.190 Stormwater Management and Rainwater Retention.
A. Stormwater management practices minimize runoff and increase infiltration which recharges
groundwater and improves water quality. Implementing stormwater best management practices into
the landscape and grading design plans to minimize runoff and to increase on-site rainwater reten-
tion and infiltration are encouraged.
B. The landscape design plan shall demonstrate compliance with best management practices re-
quired by Municipal Code Chapter 20.08, Stormwater Management (City of Encinitas Watercourse
Protection, Stormwater Management and Discharge Control Ordinance).
C. All planted landscape areas are required to have friable soil to maximize water retention and infiltra-
tion. (See Section 23.26.090A3a.)
D. It is strongly recommended that landscape areas be designed for capture and infiltration capacity
that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either:
the one inch, 24-hour rain event or (2) the 85th percentile, 24-hour rain event, and/or additional ca-
pacity as required by any applicable local, regional, state or federal regulation.
E. It is recommended that storm water projects incorporate any of the following elements to improve
onsite storm water and dry weather runoff capture and use:
1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
3. Incorporate pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or
porous concrete) that minimize runoff.
4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to
maximize site water capture and reuse.
5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
6. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weath-
er runoff and increase percolation into the soil.
7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pol-
lutants. (Ord. 2016-01)
23.26.200 Landscaping and Irrigation Maintenance.
A. A property owner using water on property subject to a landscape approval shall prepare a mainte-
nance schedule for the landscaping and irrigation system on the project. The schedule shall be
submitted with the certificate of completion and shall provide for:
1. Routine inspection to guard against runoff and erosion and to detect plant or irrigation system
failure;
2. Landscape irrigation auditing.
3. Replacement of dead, dying and diseased vegetation;
4. Eradication of invasive species;
5. Adjustment and repair of the irrigation system and its components;
6. Topdressing with compost;
7. Replenishing mulch;
8. Soil amendment when necessary to support and maintain healthy plant growth;
9. Fertilizing, pruning and weeding and maintaining all landscaped areas;
10. Aerating and dethatching turf areas;
11. Removing obstructions to emissions devices;
12. Maintenance to avoid obstruction of motorists'views; and
13. Identify who will be responsible for maintenance.
B. After approval of a landscape plan, the owner is required to:
1. Maintain and operate the landscaping and irrigation system on the property consistent with
the MAWA.
2. Maintain the irrigation system to meet or exceed an irrigation efficiency necessary to meet
MAWA.
3. Replace broken and malfunctioning irrigation system components with components of the
same materials and specifications, their equivalent or better as soon as possible upon discovery
of the break or malfunction. The system, or the portion of the system with the break or malfunc-
tion when that portion can be isolated behind a closed valve, shall not be used until the break or
malfunction is repaired.
4. Ensure that when vegetation is replaced, replacement plantings are representative of the hydro-
zone in which the plants were removed and are typical of the water use requirements of the
plants removed, provided that the replaced vegetation does not result in mixing high water use
with low water use plants in the same hydrozone.
5. A project applicant is encouraged to implement established landscape industry sustainable Best
Practices for all landscape maintenance activities. (Ord. 2016-01)
23.26.210 Irrigation Schedule.
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.
B. A property owner using water on property subject to a landscaping approval shall submit an irriga-
tion schedule for the project.
C. 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 (ETWU). Total annual applied water shall be less than or
equal to the Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regu-
lated by automatic irrigation controllers using current reference evapotranspiration data (e.g. CIMIS)
or soil moisture sensor data.
C. The irrigation schedule shall be prepared by a California licensed landscape architect, certified
irrigation designer, licensed civil engineer, licensed architect, or other landscape professional ap-
propriately licensed by the state and shall provide the following information:
1. A description of the automatic irrigation system that will be used for the project.
2. The ETo date relied on to develop the irrigation schedule, including the source of the data.
3. The time period when overhead irrigation will be scheduled and confirm that no overhead irriga-
tion shall be used between 8:00 a.m. and 6:00 p.m. or within any more restrictive water use time
frame established by the local water purveyor. Operation of the system outside the normal wa-
tering times is allowed for auditing and maintenance purposes.
4. The parameters used for setting the irrigation system controller for watering times for:
a. The plant establishment period.
b. Established landscaping.
c. Temporarily irrigated areas.
d. Different seasons during the year.
5. The consideration used for each station for the following factors:
a. The days between irrigation.
b. Station run time in minutes for each irrigation event, designed to avoid runoff.
c. Number of cycle starts required for each irrigation event, designed to avoid runoff.
d. Amount of water to be applied on a monthly basis.
e. Application rate setting.
f. The root depth setting.
g. The plant type setting.
h. The soil type.
i. The slope factor.
j. The shade factor.
k. Irrigation uniformity or efficiency setting. (Ord. 2016-01)
23.26.220 Irrigation Audit.
A. All landscape irrigation audits shall be conducted by a local agency landscape irrigation auditor or a
third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the
person who designed the landscape or installed the landscape.
B. In large projects or projects with multiple landscape installations (i.e. production home develop-
ments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement.
C. For new construction and rehabilitated landscape projects installed after December 1, 2015, the
project applicant shall submit an irrigation audit report with the Certificate of Completion to the local
agency that may include, but is not limited to: inspection, system tune-up, system test with distribu-
tion uniformity, reporting overspray or run off that causes overland flow, and preparation of an irriga-
tion schedule, including configuring irrigation controllers with application rate, soil types, plant fac-
tors, slope, exposure and any other factors necessary for accurate programming.
D. The City may randomly audit outdoor water use on any property for which it issued a landscape ap-
proval pursuant to this chapter to determine compliance with the provisions of this chapter. A per-
son who owns or occupies property subject to a landscape approval shall be deemed to consent to
the audit of the outdoor water use if the person engages in outdoor water use on the property.
E. The City may also analyze, survey and audit outdoor water use using methods described in 23 Cali-
fornia Code of Regulations sections 490 et seq. on an existing landscape project where the land-
scaped area exceeds one acre and the City has reasonable grounds to believe that due to irrigation
runoff, low head drainage, overspray or other similar condition, water is flowing onto adjacent prop-
erty, non-irrigated areas, structures, walkways, roadways or other paved areas of the project. (Ord.
2016-01)
23.26.230 Certificate of Completion.
Prior to receiving final approval for completion of the project, each applicant shall submit a signed
certificate of completion and final documentation for the project under penalty of perjury within 10 days
after installation.
A. The certificate of completion shall:
1. Be submitted on a form provided by the City;
2. Include a statement verifying that the landscaping and irrigation were installed as allowed in
the approved landscape and irrigation plan, all approved soil amendments were implemented,
the installed irrigation system is functioning as designed and approved, the irrigation control
system was properly programmed in accordance with the irrigation schedule, and the person
operating the system has received all required maintenance and irrigation plans; and
3. Be signed by the professional of record for the landscape design.
B. The final documentation submittal shall include:
1. An irrigation schedule that complies with Section 23.26.210, that describes the irrigation times
and water usage for the project.
2. A landscaping and irrigation system maintenance schedule that complies with Section
23.26.200.
3. A soil management report that complies with Section 23.26.080, if the applicant did not submit
the report with the landscape documentation package.
4. For all projects with 2,500 square feet or greater landscaped area, an irrigation audit report that
complies with Section 23.26.220. Projects consisting of one single-family residence with a land-
scaped area of less than 5,000 square feet are not required to submit an irrigation audit.
5. Where there have been significant changes to the landscape plan during the installation of
landscaping or irrigation devices or irrigation system components, the professional of record for
the landscape design shall submit final "as built" plans that show the changes. (Ord. 2016-01)
23.26.240 Prescriptive Compliance Option.
A. This appendix contains prescriptive requirements which may be used as a compliance option to the
City of Encinitas Water Efficient Landscape Regulations.
B. Compliance with the following items is mandatory and must be documented on a landscape plan in
order to use the prescriptive compliance option:
1. Submit a Landscape Documentation Package which includes the following elements:
a. Date
b. Project applicant
c. Project address
d. Assessor's Parcel Number (APN)
e. Total landscape area (square feet) including a breakdown of turf and plant material
f. Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)
g. Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if
the applicant is not served by a private well
h. Contact information for the project applicant and property owner
i. Applicant signature and date with statement, "I agree to comply with the requirements of the
prescriptive compliance option to the City of Encinitas Water Efficient Landscape Regula-
tions."
2. Incorporate compost at a rate of at least four cubic yards per 1,000 square feet to a depth of six
inches into landscape area (unless contraindicated by a soil test).
3. Plant material shall comply with all of the following:
a. For residential areas, install climate adapted plants that require occasional, little or no sum-
mer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles
and areas using recycled water.
b. For nonresidential areas, install climate adapted plants that require occasional, little or no
summer water (average WUCOLS plant factor 0.3) for 100% of the plant area excluding ed-
ibles and areas using recycled water.
c. A minimum three inch (3") layer of mulch shall be applied on all exposed soil surfaces of
planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding ap-
plications where mulch is contraindicated.
4. Turf shall comply with all of the following:
a. Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no
turf in nonresidential areas.
b. Turf shall not be planted on sloped areas which exceed a slope of 1 foot vertical elevation
change for every 4 feet of horizontal length.
c. Turf is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a
parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by
subsurface irrigation or by other technology that creates no overspray or runoff.
5. Irrigation systems shall comply with the following:
a. Automatic irrigation controllers are required and must use evapotranspiration or soil mois-
ture sensor data and utilize a rain sensor.
b. Irrigation controllers shall be of a type which does not lose programming data in the event
the primary power source is interrupted.
c. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pres-
sure of the system is within the manufacturers recommended pressure range.
d. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed
as close as possible to the point of connection of the water supply.
e. All irrigation emission devices must meet the requirements set in the ANSI standard, ASA-
BE/ICC 802-2014. "Landscape Irrigation Sprinkler and Emitter Standard," and all sprinkler
heads installed in the landscape must document a distribution uniformity low quarter of 0.65
or higher using the protocol defined in ASABE/ICC 802-2014.
f. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irri-
gation or other means that produces no runoff or overspray.
6. For nonresidential projects with landscape areas of 1,000 sq. ft. or more, a private submeter(s)
to measure landscape water use shall be installed.
C. At the time of final inspection, the permit applicant must provide the owner of the property with a
certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape
and irrigation maintenance.
23.26.250 Waste Water Prevention.
A. No person shall use water for irrigation such that due to runoff, low head drainage, overspray or
other similar condition, water flows onto adjacent property, non-irrigated areas, structures, walk-
ways, roadways or other paved areas. Irrigation water use shall comply with any water waste pre-
vention regulations, policies or guidelines established by the local water purveyor.
B. No person whose landscape is subject to a landscape approval pursuant to this chapter shall apply
water to the landscape in excess of the MAWA. (Ord. 2010-05)
23.26.260 Enforcement.
A. The City Manager shall administer and enforce the provisions of this chapter. Any city authorized
personnel or enforcement officer may exercise any enforcement powers as set forth in the code.
B. The City may delegate to or enter into a contract with a local agency or other person to imple-
ment and administer any of the provisions of this chapter on behalf of the City. (Ord. 2010-05)
23.26.270 Fees.
An applicant for a project subject to this chapter shall include with the application, all fees established
by the City to cover the City's cost to review an application, any required landscape documentation
package and any other documents the City reviews pursuant to the requirements of this chapter. (Ord.
2010-05)
SECTION THREE: ENVIRONMENTAL DETERMINATION.
The City Council finds in its independent judgment that the proposed amendment to the Municipal Code
is exempt from environmental review as per Section 15307 of the California Environmental Quality Act
(CEQA) Guidelines, which exempts actions taken by regulatory agency for protection of natural re-
sources. The MWELO addresses the protection of statewide water resources by requiring certain land-
scape projects to analyze their water use through a water budget and restricts water use for landscape
irrigation through water use efficiency standards. None of the exceptions in CEQA Guidelines Section
15300.2 exist. Notwithstanding the exemption as per Section 15307, the City Council further finds that
there is no possibility that the activity may have a significant effect on the environment; therefore pur-
suant to Section 15061(b)(3) of the CEQA Guidelines the activity is exempt from the provisions of
CEQA.
SECTION FOUR: PUBLIC NOTICE AND EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after its passage and the City Clerk of
the City of Encinitas is hereby authorized to use summary publication procedures pursuant to Govern-
ment Code 36933 utilizing the Coast News, a newspaper of general circulation published in the City of
Encinitas.
SECTION FIVE: INTRODUCTION.
This Ordinance was introduced on January 27, 2016.
PASSED AND ADOPTED this 10th day of February, 2016 by the following vote to wit:
AYES: Blakespear, Gaspar, Kranz, Muir, Shaffer.
NAYS: None.
ABSTAIN: None.
ABSENT: None.
Kristi Gaspar, Mayor
City of Encinitas
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No. 2015-16 which has been published
pursuant to law.
Kathy Holly ood, ft Clerk