Ordinance Number 1054ORDINANCE NO. 1054
AN ORDINANCE OF THE CITY COUNCIL OF THE SAN
JUAN CAPISTRANO, CALIFORNIA, AMENDING SAN JUAN
CAPISTRANO MUNICIPAL CODE TITLE 8, BUILDING
REGULATIONS, TO ADD CHAPTER 20, WATER
EFFICIENT LANDSCAPE ORDINANCE, TO UPDATE THE
CITY'S WATER EFFICIENT LANDSCAPE ORDINANCE
FOR COMPLIANCE WITH STATE LAW
WHEREAS, the purpose of this Ordinance is to amend the San Juan Capistrano
Municipal Code to update the City's Water Efficient Landscape Ordinance (WELO) for
compliance with State Law;
WHEREAS, the State's Model WELO is codified in the Department of Water
Recourses' Code of Regulations (Cal. Code. Regs., tit. 23, § 490 et seq.);
WHEREAS, the purpose of the State's Model WELO is to protect the State's water
supply, encourage water conservation, and to provide cities with the appropriate authority
to ensure efficient water use for public and private landscape projects Cal. Code. Regs.,
tit. 23, § 490);
WHEREAS, California law requires cities to adopt the State's Model WELO or
adopt its own WELO that is at least as effective as the State's (Cal. Gov. Code, §
65595(c));
WHEREAS, if a city takes no action on a WELO or if a city's WELO is out of
compliance, then the city must follow the State's Model WELO by default (Cal. Gov. Code,
§ 65595(d));
WHEREAS, on April 1, 2015, Governor Brown's Drought Executive Order (EO B-
29-15) directed Department of Water Resources to update the State's Model WELO and,
on July 15, 2015, the California Water Commission approved the updated Model WELO;
WHEREAS, the City's current WELO, housed in San Juan Capistrano Municipal
Code, section 9-3.527 (Ord. No. 869, § 2; Ord. No. 966, § 2, Exh. A, 201 0), and guidelines
for implementation of the WELO (Ord. No. 966) comply with the State's Model WELO
prior to July 15, 2015, but should be updated to ensure compliance with the State's
updated Model WELO;
WHEREAS, the City Council believes that the San Juan Capistrano, title 8,
Building Regulations is better suited than title 9, Land Use Code, to house the City's
WELO, because the WELO applies to all projects whether public or private;
WHEREAS, the City Council intends to amend San Juan Capistrano Municipal
Code, title 8, Building Regulations, to add chapter 20, Water Efficient Landscape
Ordinance, to update the City's WELO for compliance with most recent update to the
Sate's Model WELO;
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WHEREAS, the City Council intends to repeal the current WELO Guidelines to
make way for updated guidelines authorized by this Ordinance; and
WHEREAS, all legal prerequisites to the adoption of the Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO DOES ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are each incorporated by reference and adopted
as findings by the City Council.
SECTION 2. The "Water Efficient Landscape Ordinance Guidelines" approved by
Ordinance No. 966 are hereby repealed.
SECTION 3. San Juan Capistrano Municipal Code, title 8, Building Regulations is
hereby amended to add chapter 20, Water Efficient Landscape Ordinance, as follows:
TITLE 8. BUILDING REGULATIONS
CHAPTER 20. WATER EFFICIENT LANDSCAPE ORDINANCE.
Sec. 8-20.01 Purpose and Intent.
(a) The purpose of this Ordinance is to establish standards for quality
and sustainability of landscaping and irrigation systems related to
urban runoff, water use efficiency, and landscape health and
diversity. The procedures established by this section will ensure that
the City continues to protect the natural environment and watershed,
provide clean air and water, prevent erosion, and offer fire protection
while maintaining aesthetics and community character. These
requirements are consistent with the goals, objectives, and policies
of the City General Plan.
(b) The provisions of this Ordinance are enacted to:
(1) Protect and preserve water resources within the community in
accordance with the Conservation and Open Space Element
of the City General Plan;
(2) Comply with State-mandated water-efficient landscape
standards which require cities to adopt water-efficient
landscape standards;
(3) Ensure protection of water resources from excessive use of
water in commercial, industrial, public, and
(4) Achieve visually pleasing landscape environments with the
use of native trees and plants;
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(5) Establish review procedures to evaluate reports, plans, and
landscape information pertaining to existing and proposed
development projects;
(6) Provide landscape design standards which achieve water
conservation while also contributing to an aesthetically
enriched community landscape;
(7) Establish a structure for planning, designing, installing, and
maintaining and managing water efficient landscapes in
existing and new construction and rehabilitated projects; and
(8) Comply with Assembly Bill1881 and all requirements set forth
in City, State and Federal Law, including those portions of the
California Plumbing Code applicable to irrigation systems.
Sec. 8-20.02 Guidelines.
The City Council shall, by resolution, adopt guidelines to implement the provisions
of this Ordinance. These guidelines shall be referred to as the Water Efficient
Landscape Guidelines or Guidelines.
Sec. 8-20.03 Applicability.
(a) This Ordinance shall apply to the following projects, whether private
or public, as follows:
(1) New projects. New Landscape Projects with an aggregate
landscape area equal to or greater than 500 square feet,
requiring a building or landscape permit, plan check or design
review shall be subject to this Ordinance.
(2) Rehabilitated projects. Rehabilitated Landscape Projects with
an aggregate landscaped area equal to or greater than 2,500
square feet, requiring a building or landscape permit, plan
check or design review shall be subject to this Ordinance.
(3) Projects using captured graywater or rainwater. For projects
using treated or untreated graywater or rainwater captured on
site, any lot or parcel within the project that has less than
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 irrigation systems
requirement of the prescriptive compliance option provided in
the Guidelines.
(4) Cemeteries. New and rehabilitated cemeteries subject to this
Ordinance need only to submit the water efficient landscape
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worksheet in the Landscape Documentation Package
required in section 8-19.040.
(5) Existing projects. Existing projects shall be subject only to
section 8-19.060.
(b) Prescriptive compliance option. Any project with an aggregate
landscape area of 2,500 square feet or less may comply with the
performance requirements of this Ordinance or conform to the
prescriptive compliance option provided in the Guidelines.
(c) Exemptions. The requirements of this Ordinance do not apply to the
following projects or sites:
(1) Registered local, state or federal historical sites.
(2) Orchards located within General Plan-designated open space
and/or agribusiness lands.
(3) Agricultural lands as determined by the Development
Services Director.
(4) Habitat restoration projects that do not require a permanent
irrigation system.
(5) Plant collections, as part of botanical gardens and arboretums
open to the public.
(6) Fuel modification zones as determined by the Orange County
Fire Authority (OCFA).
(7) Projects proposing non-drought-tolerant turf or grass for use
as ball fields, football fields, soccer fields, golf courses
including, but not limited to, any other sport field may be
granted an exemption by the final decision-making body.
(8) Public right-of-way Capital Improvement Projects (CIP) that
use only drought tolerant plants for the entire landscape.
Sec. 8-20.04 Landscape permit and landscape document
package.
(a) Landscape Permit. Projects subject to this Ordinance require a
landscape permit.
(b) Landscape Documentation Package. The application shall include a
Landscape Documentation Package, which shall consist the
following materials and information as required by this Ordinance
and the Guidelines:
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(1) Applicant and project information, which includes:
(A) The applicant's signature and date with the statement,
"I agree to comply with the requirements the San Juan
Capistrano Water Efficient Landscape Ordinance;" or
(B) For prescriptive compliance, the applicant's signature
and date with the statement, "I agree to comply with the
requirements of the prescriptive compliance option to
the San Juan Capistrano Water Efficient Landscape
Ordinance."
(2) Water efficient landscape worksheet;
(3) Soil management report;
(4) Landscape design plan;
(5) Irrigation design plan;
(6) Grading design plan; and
(7) Certification by a professional appropriately licensed by the
State of California stating that the landscape design and water
use calculations have been prepared by or under the
supervision of the licensed professional and are certified to
comply with this Ordinance and the Guidelines.
(c) Filing.
(1) Form. The Development Services Director shall prescribe the
form of application and the supporting information required to
initiate the Landscape Permit application review.
(2) Filing. An application for a Landscape Permit shall be filed
with the Development Services Department, along with the
required fee as established by resolution of the City Council.
(3) Completeness. Once the application and fee is received, by
the Development Services Department, the application will be
reviewed, for completeness. If the application is found to be
incomplete, the Development Services Department will notify
the applicant in writing within thirty (30) calendar days what
additional information is required, and the application will not
be processed until that information is received by the
Development Services Department.
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(4) Local Water Purveyor. Water use calculations shall be
provided to the local water purveyor, as appropriate, under
procedures determined by the City.
(d) Review. The review authority for a Landscape Permit is the
Development Services Director or his designee. The Development
Services Director may refer the Landscape Permit to the City's
Design Review Committee.
Sec. 8-20.05 Landscape water use standards.
For projects subject to this Ordinance:
(a) The estimated total water use (ETWU) allowed for the landscaped
area shall not exceed the Maximum Applied Water Allowance
(MAWA), calculated based on an evapotranspiration adjustment
factor (ETAF) not exceed a factor of:
(1) 0.55 for residential areas;
(2) 0.45 for non-residential areas;
(3) 1.0 for Special Landscape Areas; or
(b) The design of the landscaped area is otherwise shown to be
equivalently water-efficient in a manner acceptable to the City.
Sec. 8-20.06 Existing landscapes.
(a) Irrigation of all landscaped areas shall be conducted in a manner
conforming to the rules and requirements and shall be subject to
penalties and incentives for water conservation and water waste
prevention, a determined and implemented by the local water
purveyor and as may be mutually agreed by the City.
(b) The City and/or the regional or local water purveyor may administer
programs such as irrigation water use analyses, irrigation surveys
and/or irrigation audits, tiered water rate structures, water budgeting
by parcel, or other approaches to achieve landscape water use
efficiency communitywide to a level equivalent to or less than would
be achieved by applying a MAWA calculated with an ETAF of 0.8 to
all landscaped areas in the City over one acre in size.
(c) The architectural guidelines of a common interest development,
including apartments, condominiums, planned developments, and
stock cooperatives, shall not prohibit or include conditions that have
the effect of prohibiting the use of low-water use plants as a group,
nor require turf if landscapes are rehabilitated.
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Sec. 8-20.07 Verification of Compliance.
Verification of compliance of the landscape installation with the approved
plans shall be obtained through a Certificate of Completion, as provided in
the Guidelines.
Sec. 8-20.08 Delegation.
The City may delegate to, or enter into a contract with another local agency to
implement, administer, and/or enforce any of the provisions of this Ordinance on
behalf of the City.
Sec. 8-20.09 Definitions.
For the purpose of this section, unless otherwise apparent from the context,
certain words and phrases used in this section are defined as follows:
"Applied water" shall mean the portion of water supplied by the
irrigation system to the landscape.
"Backflow prevention device" shall mean the safety device used to
prevent pollution or contamination of the water supply due to the
reverse flow of water from the irrigation system.
"Conversion factor (0.62)" shall mean the number that converts the
maximum applied water allowance from acre-inches per acre per
year to gallons per square foot per year.
"Certificate of Completion" shall mean the document required under
Section 9-3.527(1 ).
"Certified landscape irrigation auditor" shall mean the person
certified to perform landscape irrigation audits by an accredited
academic institution, a professional trade organization or other
program such as the U.S. Environmental Protection Agency's
WaterSense irrigation auditor certification program and Irrigation
Association's Certified Landscape Irrigation Auditor program. The
City shall maintain a list of auditors approved to perform audits for
the purposes outlined in this Ordinance.
"Check valve or anti-drain valve" shall mean the valve located under
a sprinkler head, or other location in the irrigation system, to hold
water in the system to prevent drainage from sprinkler heads when
the sprinkler is off.
"Certified irrigation designer" shall mean the person certified to
design irrigation systems by an accredited academic institution a
professional trade organization or other program such as the U.S.
Environmental Protection Agency's WaterSense irrigation designer
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certification program and Irrigation Association's certified irrigation
designer program.
"Common interest developments" shall mean the community
apartment projects, condominium projects, planned developments,
and stock cooperatives per Civil Code Section 1351.
"Compost" shall mean the safe and stable product of controlled
biologic decompression of organic materials that is beneficial to plant
growth.
"Controller" shall mean the timing device used to remotely control
valves to operate an irrigation system. A weather-based controller is
a controller that uses evapotranspiration or weather data to
determine when to irrigate. A self-adjusting irrigation controller is a
controller that uses sensor data (i.e., soil moisture sensor).
"Distribution uniformity" shall mean the measure of uniformity of
irrigation water over a defined area.
"Drip irrigation" shall mean any non-spray low volume irrigation
system utilizing emission devices with a flow rate equal to or less
than two (2) gallons per hour.
"Ecological restoration project" shall mean the project where the site
is intentionally altered to establish a defined, indigenous, historic
ecosystem.
"Effective precipitation or usable rainfall (Eppt)" shall mean the
portion of total precipitation that is used by the plants.
"Emitter" shall mean the drip irrigation emission device that delivers
water slowly from the system to the soil.
"Established landscape" shall mean the point at which plants in the
landscape have developed significant root growth into the site.
Typically, most plants are established after one or two (2) years of
growth.
"Establishment period of the plants" shall mean the first year after
installing the plant in the landscape or the first two (2) years if
irrigation will be terminated after establishment. Native habitat areas
and tress may need three (3) to five (5) years for establishment.
"Estimated Total Water Use (ETWU)" shall mean the total water used
for the landscape as described herein; The Estimated Total Water
Use shall be calculated using the equation that is found in the Water
Efficient Landscape Guidelines. Estimated Total Water Use shall not
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exceed MAWA. The sum of the Estimated Total Water Use
calculations for all hydrozones shall not exceed MAWA.
"ET adjustment factor (ETAF)" shall mean the factor of 0.55 for
residential areas and 0.45 for non-residential areas, that, when
applied to reference Evapotranspiration rate, adjusts for plant factors
and irrigation efficiency, two (2) major influences upon the amount of
water that needs to be applied to the landscape. The ETAF for new
and existing (nonrehabilitated) special landscape areas shall not
exceed 1.0. The ETAF for existing, nonrehabilitated landscapes is
0.8.
"Evapotranspiration rate (ETo)" shall mean the quantity of water
evaporated from adjacent soil and other surfaces and transpired by
plants during a specified time.
"Flow rate" shall mean the rate at which water flows through pipes,
valves and emission devices, measured in gallons per minute,
gallons per hour, or cubic feet per second.
"Flow sensor" shall mean an in line 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 irrigation controller, or flow monitor capable of receiving
flow signals and operating master valves. This combination flow
sensor/controller may also function as a landscape water meter or
sub meter.
"Friable" shall mean a soil condition that is easily crumbled or loosely
compacted down to a minimum depth per planting material
requirements, whereby the root structure of newly planted material
will be allowed to spread unimpeded.
"Fuel Modification Plan Guideline" shall mean guidelines from a local
fire authority to assist residents and businesses that are developing
land or building structures in a fire hazard severity zone.
"Graywater" shall mean untreated wastewater that has not been
contaminated by any toilet discharge, has not been affected by
infectious, contaminated, or unhealthy bodily wastes, and does not
present a threat from contamination by unhealthful processing,
manufacturing, or operating wastes. "Graywater" includes, but is not
limited to, wastewater from bathtubs, showers, bathroom
washbasins, clothes washing machines, and laundry tubs, but does
not include wastewater from kitchen sinks or dishwashers.
(California Health and Safety Code Section 17922.12.)
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"Hardscapes" shall mean any durable material (pervious and
nonpervious).
"Hydrazone" shall mean the portion of the landscaped area having
plants with similar water needs and rooting depth. A hydrazone may
be irrigated or nonirrigated and may be watered by one or more
valves, but a valve may not control more than one hydrazone.
"Infiltration rate" shall mean the rate of water entry into the soil
expressed as a depth of water per unit of time (e.g ., inches per hour).
"Invasive plant species" shall mean the species of plants that have a
tendency to colonize open spaces, riparian corridors and other
sensitive habitats. Invasive species can out compete native species
and disrupt natural ecosystem processes. Invasive species may also
be regulated by county agricultural agencies.
"Irrigation audit" shall mean the 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. A
written document shall be included with final submission. The audit
must be conducted in a manner consistent with the Irrigation
Association's Landscape Irrigation Auditor Certification program or
other U.S. Environmental Protection Agency "Watersense" labeled
auditing program.
"Irrigation efficiency" shall mean the measurement of the amount of
water beneficially used divided by the amount of water applied.
Irrigation efficiency is derived from measurements and estimates of
irrigation system characteristics and management practices. The
irrigation efficiency for purposes of this Ordinance are 0.75 for
overhead spray devices and 0.81 for drip systems.
"Irrigation water use analysis" shall mean the analysis of water use
data based on meter readings and billing data.
"Landscape architect" shall mean the person who holds a license to
practice landscape architecture in the State of California
(Government Code, Business and Professions Code Section 5815).
"Landscape area" shall mean all the planting areas, turf areas, and
water features in a landscape design plan subject to the maximum
applied water allowance calculation. The landscape area does not
include footprints of buildings or structures, sidewalks, driveways,
parking lots, decks, patios, gravel or stone walks, other pervious or
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nonpervious hardscapes, and other nonirrigated areas designated
for nondevelopment (e.g., open spaces and existing native
vegetation).
"Landscape contractor" shall mean the person licensed (with a valid
C-27 license) by the State of California to construct, maintain, repair,
install, or subcontract the development of landscape systems.
"Landscape documentation package" shall mean the documents
required per this Ordinance.
"Landscape Installation Certificate of Completion" shall mean the
certificate included in the Guidelines that must be submitted to the
City pursuant to this Ordinance.
"Landscape water meter" shall mean an in line 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.
"Lateral line" shall mean the water delivery pipeline that supplies
water to the emitters or sprinklers from the valve.
"Local agency" shall mean the City of San Juan Capistrano.
"Local water purveyor" shall mean the entity, including a public
agency, city, county or private water company that provides retail
water service.
"Low volume irrigation" shall mean the application of irrigation water
at low pressure through a system of tubing or lateral lines and low-
volume emitters such as drip, drip lines and bubblers. Low volume
irrigation systems are specifically designed to apply small volumes
of water slowly at or near the root zone of plants.
"Main line" shall mean the pressurized pipeline that delivers water
from the water source to the valve or out-let.
"Master shut-off valve" is 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 irrigation
system . A master valve will greatly reduce any water loss due to a
leaky station valve.
"Maximum Applied Water Allowance (MAWA)" shall mean the upper
limit of annual applied water for the established landscaped area as
specified in section 8-19.050(b)(4). It is based upon the area's
reference Evapotranspiration, the ET Adjustment Factor, and the
size of the landscaped area. The estimated total water use shall not
exceed the maximum applied water allowance. Special landscape
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areas, including recreation areas, areas permanently and solely
dedicated to edible plants such as orchards and vegetable gardens,
and areas irrigated with recycled water are subject to the MAWA with
an ETAF not to exceed 1.0.
"Median" is an area between opposing lanes of traffic that may be
unplanted or planted with trees, shrubs, perennials, and ornamental
grasses.
"Microclimate" shall mean the climate of a small, specific area that
may contrast with the climate of the overall landscape area due to
factors such as wind, sun exposure, plant density or proximity to
reflective surfaces.
"Mulch" shall mean any organic material such as leaves, bark, straw
or inorganic mineral materials such as rocks, gravel, and
decomposed granite left loose and applied to the soil surface for the
beneficial purposes of reducing evaporation, suppressing weeds,
moderating soil temperature and preventing soil erosion.
"Non-residential landscape" shall mean landscapes in commercial,
institutional, industrial and public settings that may have areas
designated for recreation or public assembly. It also includes
portions of common areas of common interest developments with
designated recreational areas.
"New construction" shall mean the new building with a landscape or
other new landscape.
"Operating pressure" shall mean the pressure at which the parts of
an irrigation system are designed by the manufacturer to operate.
"Overhead sprinkler irrigation systems" or "overhead spray irrigation
systems" shall mean those systems that deliver water through the air
(e.g. spray heads and rotors).
"Overspray" shall mean the irrigation water which is delivered beyond
the landscaped target area.
"Parkway" shall mean the area between a sidewalk and the curb or
traffic lane. It may be planted or unplanted, and with or without
pedestrian egress.
"Pervious" shall mean the surface or material that allows the passage
of water through the material and into the underlying soil.
"Permit" shall mean the authorizing document issued by local
agencies for new construction or rehabilitated landscapes.
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"Plant factor" or "plant water use factor" shall mean a factor, when
multiplied by ETo, estimates the amount of water needed by plants.
For purposes of this Ordinance, the plant factor range for very low
water use plants is 0 to 0.1, the average plant factor of low water
using plants ranges from 0.1 to 0.3, for average water using plants
the range is 0.4 to 0.6, and for high water using plants the range is
0.7 to 1.0. Plant factors cited in this Ordinance are derived from the
publication "Water Use Classification of Landscape Species." Plant
factors may also be obtained from horticulture researches from
academic institutions or professional associations as approved by
the California Department of Water Resources.
"Project applicant" or "applicant" shall mean the individual or entity
submitting a Landscape Documentation Package required per this
Ordinance, to request a permit, plan check or design review. A
project applicant may be the property owner or his or her designee.
"Rain sensor or rain sensing shutoff device" shall mean the
component which automatically suspends an irrigation event when it
rains.
"Record drawing or as-builts" shall mean the set of reproducible
drawings which show significant changes in the work made during
construction and which are usually based on drawings marked up in
the field and other data furnished by the contractor.
"Recreational area" shall mean, excluding private single family
residential areas, the 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," "reclaimed water," or "treated sewage effluent
water" shall mean the treated or recycled waste water of a quality
suitable for nonpotable uses such as landscape irrigation and water
features. This water is not intended for human consumption.
"Reference Evapotranspiration" or "ETo" shall mean the 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 this Ordinance, and is an estimate of the
Evapotranspiration of a large field offour-inch 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 so that regional differences in climate can be
accommodated.
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"Rehabilitated landscape" shall mean any re-landscaping project that
requires a permit, plan check, or design review, meets the
requirements of this Ordinance and where the modifications occur
within twelve (12) months and the total modified landscape area is
greater than 2,500 square feet. Phasing the construction of such
projects to avoid complying with this Ordinance shall not be
permitted.
"Residential landscape" shall mean landscapes surrounding single
family homes or multi-family homes.
"Runoff' shall mean the water which is not absorbed by the soil or
landscape to which it is applied and flows from the landscape area.
For example, runoff may result from water that is applied at too great
a rate (application rate exceeds infiltration rate) or when there is a
slope.
"Soil moisture sensing device" or "soil moisture sensor" shall mean
the device that measures the amount of water in the soil. The device
may also suspend or initiate an irrigation event.
"Soil texture" shall mean the classification of soil based on its
percentage of sand, silt, and clay.
"Special landscape area (SLA)" shall mean the area of the landscape
dedicated solely to edible plants, recreational areas, areas irrigated
with recycled water, or water features using recycled water.
"Sprinkler head" or "spray head" shall mean the device which delivers
water through a nozzle.
"Static water pressure" shall mean the pipeline or municipal water
supply pressure when water is not flowing.
"Station" shall mean the area served by one valve or by a set of
valves that operate simultaneously.
"Submeter" shall mean a metering device to measure water applied
to the landscape that is installed after the primary utility water meter.
"Swing joint" shall mean the irrigation component that provides a
flexible, leak-free connection between the emission device and
lateral pipeline to allow movement in any direction and to prevent
equipment damage.
"Turf" shall mean the ground cover surface of mowed grass. Annual
bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and
Tail fescue are cool-season grasses. Bermuda grass, Kikuyu grass,
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Seashore Paspalum, St. Augustine grass, Zoysia grass, and Buffalo
grass are warm-season grasses.
"Valve" shall mean the device used to control the flow of water in the
irrigation system.
"Water conserving plant species" shall mean the plant species
identified as having a very low or low plant factor.
"Water feature" shall mean the 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
hydrazone of the landscape area. Constructed wetlands used for on-
site wastewater treatment or stormwater best management practices
that are not irrigated and used solely for water treatment or
stormwater retention are not water features and, therefore, are not
subject to the water budget calculation.
"Watering window" shall mean the time of day irrigation is allowed.
"WUCOLS" shall mean the Water Use Classification of Landscape
Species published by the University of California Cooperative
Extension and the Department of Water Resources, 2014.
SECTION 4. All existing provisions of the Municipal Code that are repeated herein
are repeated only to aid decision-makers and the public in understanding the effect of the
proposed changes. Restatement of existing provisions does not constitute a new
enactment.
SECTION 5. The City Council hereby determines that this Ordinance is exempt
from review under the California Environmental Quality Act (CEQA) (California Public
Resources Code§ 21000 et seq.), because, pursuant to State CEQA Regulation 15307
(Cal. Code Regs., tit. 14, § 15307), this Ordinance is covered by the CEQA Categorical
Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for
protection of the environment. The adoption of this Ordinance will result in the
enhancement and protection of water resources in the City, and will not result in
cumulative adverse environment impacts. It is therefore exempt from the provisions of
CEQA. The City Council hereby directs staff to prepare, execute and file a Notice of
Exemption with the Orange County Clerk within five working days after the passage and
adoption of this Ordinance. The record of proceedings relating to this Ordinance are
located at City Hall 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. The
custodian of records is the Development Services Director.
SECTION 6. If any provision of this Ordinance or its application to any person or
circumstance is held invalid, such invalidity has no effect on the other provisions or
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applications of the Ordinance that can be given effect without the invalid provision or
application, and to this extent, the provisions of this Ordinance are severable. The City
Council declares that it would have adopted this Ordinance irrespective of the invalidity
of any portion thereof.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be posted at the duly designated posting places within the City and
published once within fifteen (15) days after passage and adoption as required by law;
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the Office
of the City Clerk five (5) days prior to the date of adoption of this Ordinance; and, within
fifteen (15) days after adoption, the City Clerk shall cause to be published the
aforementioned summary and shall post a certified copy of this Ordinance, together with
the vote for and against the same, in the Office of the City Clerk.
SECTION 8. The City Clerk shall certify the adoption of this Ordinance and cause
it, or a summary of it, to be published as required by law.
APPROVED AND ADOPTED at a regular meeting of the City Council of the City
of San Juan Capistrano this 17th day of April, 2018.
-= /] ~ S~,;l;; MAY~~
STATE OF CALIFORNIA )
COUNTY OF ORANGE )SS
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify that the foregoing is a true and correct copy of Ordinance No. 1054 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City
Council on the 3rd day of April 2018, and that thereafter, said Ordinance was duly adopted
and passed at the Regular Meeting of the City Council on the 17th day of April 2018, by
the following vote, to wit:
AYES: COUNCIL MEMBERS: Patterson, Ferguson and Mayor Farias
NOES COUNCIL MEMBERS: None
ABSEN. : -~ QUN I EMBERS: Maryott and Reeve
f4r
CLERK
16 01054
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
That in compliance with State laws, Government Code section 36933(1) of the State of
California, on the 1 Qth day of April 2018, at least 5 days prior to the adoption of the
ordinance, I caused to be posted a certified copy of the proposed ordinance entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE
TITLE 8, BUILDING REGULATIONS, TO ADD CHAPTER 20, WATER
EFFICIENT LANDSCAPE ORDINANCE, TO UPDATE THE CITY'S WATER
EFFICIENT LANDSCAPE ORDINANCE FOR COMPLIANCE WITH STATE
LAW
This document was posted in the Office of the City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, declare as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano;
that in compliance with State laws, Government Code section 36933(1) of the State of
California.
On the 201h day of April 2018, I caused to be posted a certified copy of Ordinance No.
1054, adopted by the City Council on April 17, 2018, entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE SAN JUAN CAPISTRANO,
CALIFORNIA, AMENDING SAN JUAN CAPISTRANO MUNICIPAL CODE
TITLE 8, BUILDING REGULATIONS, TO ADD CHAPTER 20, WATER
EFFICIENT LANDSCAPE ORDINANCE, TO UPDATE THE CITY'S WATER
EFFICIENT LANDSCAPE ORDINANCE FOR COMPLIANCE WITH STATE
LAW
17 01054
This document was posted in the Office of the City Clerk
18 01054