HomeMy WebLinkAboutStaff Report 6452
City of Palo Alto (ID # 6452)
City Council Staff Report
Report Type: Action Items Meeting Date: 1/19/2016
City of Palo Alto Page 1
Summary Title: Updates to the Water Efficient Landscape Ordinance
Title: Adoption of an Emergency Ordinance Amending Chapters 12.32 (Water
Use Regulations) and 16.14 (California Green Building Standards Code) of the
Palo Alto Municipal Code and Adding a New Chapter 16.13 (Water Efficient
Landscaping) to Adopt a Local Water Efficient Landscape Ordinance Pursuant
to AB 1881 and the Governor’s Executive Order B-29-15
From: City Manager
Lead Department: Development Services Department
Recommended Motion
Staff recommends that Council consider the following motion: Adopt as an
emergency ordinance the Palo Alto Water Efficient Landscape Ordinance
(Attachment A), based on the Bay Area Water Supply and Conservation Agency
(BAWSCA) regional ordinance and reflecting recommendations developed by the
Green Building Advisory Group.
Recommendation
Staff recommends that Council conduct a public hearing and then adopt the
attached emergency ordinance (Attachment A) containing updates to the Palo
Alto Water Efficient Landscape Ordinance.
Executive Summary
The proposed ordinance would continue the City’s leadership position in
promoting water efficient landscape design. All cities are required to either adopt
the State Department of Water Resources (DWR) Model Water Efficient
Landscape Ordinance (MWELO) or adopt a local or regional ordinance that is at
least as effective as the DWR model ordinance in terms of saving water. Palo Alto
has elected to adopt an ordinance based on a regional template ordinance
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developed by the Bay Area Water Supply and Conservation Agency (BAWSCA) due
to the opportunity for consistent regional enforcement, augmented water
efficiency opportunities, and simplified compliance option. The ordinance differs
slightly from the BAWSCA template because it incorporates recommendations
from the Green Building Advisory Group (GBAG). The ordinance would require all
landscape projects in Palo Alto to comply with increased water efficiency
requirements. Staff is also proposing a permit process to enable landscape
projects to be permitted separately from the building permit.
Given the serious an ongoing nature of the drought and the mandate to adopt an
updated Water Efficient Landscape Ordinance by February 1, 2016, staff is
recommending that the new regulations be adopted as an emergency ordinance
pursuant to Palo Alto Municipal Code 2.04.270(d).
Background
Governor Brown’s Drought Executive Order of April 1, 2015 (EO B-29-15) directed
the Department of Water Resources (DWR) to update the 2010 State Model
Water Efficient Landscape Ordinance (MWELO) through expedited regulation in
order to address the current four year drought and build resiliency for future
droughts. The California Water Commission approved the revised MWELO
Ordinance on July 15, 2015.
The executive order requires all land-use agencies, such as cities and counties, to
adopt a water-efficient landscape ordinance that, at minimum, meets the
requirements of the MWELO prepared by DWR. By default, the DWR’s model
ordinance becomes effective in those cities and counties that fail to adopt their
own. Cities acting on their own are required to adopt their local version of the
updated Water Efficient Landscape Ordinance by December 1, 2015. However,
agencies adopting a regional ordinance have a deadline of February 1, 2016. Staff
is recommending the adoption of a regional ordinance with some modifications.
The City of Palo Alto Development Services department participated in a working
group organized by the Bay Area Water Supply and Conservation Agency
(BAWSCA) to draft a template regional model ordinance based on the MWELO.
Staff participated in this working group with the intent to adopt the regional
ordinance. The Palo Alto Green Building Advisory (GBAG) has recommended
additional measures that are reflected in the proposed ordinance. These
additional measures will allow the Palo Alto ordinance to be more effective than
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the DWR ordinance in terms of saving water. Staff recommends that City Council
approve and adopt the version of the regional ordinance incorporating the GBAG
recommendations. Changes from the BAWSCA template are noted by underline
or strike-through in Attachment A.
Discussion
The major changes in the 2015 Department of Water Resources State Model
Water Efficient Landscape Ordinance (MWELO) compared to the 2010 update are
described below, along with the BAWSCA amendments and the Green Building
Advisory recommendations. The proposed Palo Alto Water Efficient Landscape
Ordinance, which includes the base MWELO, BAWSCA modifications, and
recommendations from the Green Building Advisory Group shall be referred to as
the “proposed landscape ordinance”.
The 2015 Model Water Efficient Landscape Ordinance reduces the size threshold
subject to the WELO ordinance from 2,500 square feet of landscaping to 500
square feet of landscaping for both new commercial and residential property. For
rehabilitated landscapes, a 2,500 square foot size would trigger the requirement.
BAWSCA lowered the project threshold for rehabilitated landscapes to 1,000
square feet. However, the Palo Alto Green Building Advisory Group recommended
that these requirements for both new and rehabilitated landscapes apply to any
landscape, regardless of size. Therefore, staff has included the trigger of any
landscape size in the proposed landscape ordinance.
The proposed landscape ordinance provides for a simplified “planting restrictions”
compliance option or a more detailed “water budget calculation compliance”
option. The “planting restrictions” option restricts projects from using turf or
high-water using plants. In addition, at least 80% of the plants selected must be
native plants, low-water using plants, or no-water using plants. The “water
budget calculation compliance” option requires projects to submit a detailed
calculation worksheet demonstrating that the project has designed to a particular
water usage rate on an annual basis. This type of calculation is typically prepared
by a landscape architect.
Within the proposed landscape ordinance, the maximum applied water allowance
(MAWA) has been lowered from 70% of the reference evapotranspiration (ETo) to
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55% for residential landscape projects, and to 45% of ETo for non-residential
projects. This water allowance reduces the landscape area that can be planted
with high water use plants such as cool season turf.
The proposed landscape ordinance allows the irrigation efficiency to be entered
for each area of the landscape when pursuing the “water budget calculation”
option. The site-wide irrigation efficiency of the previous ordinance (2010) was
0.71; for the purposes of estimating total water use, the revised MWELO defines
the irrigation efficiency (IE) of drip irrigation as 0.81 and overhead irrigation and
other technologies must meet a minimum IE of 0.75.
The proposed landscape ordinance introduces the option to irrigate with
greywater. This option reduces demands on potable water supplies, and
decreases the total volume of potable water usage that is factored into the
overall site water budget. The proposed landscape ordinance also includes
expanded definitions section with new terms and concepts.
Starting in February of 2016, the State will require cities to submit annual
reports on compliance and enforcement of the WELO to DWR. DWR will require
staff to submit project information and water use information for landscape
projects permitted within the City of Palo Alto.
Permit Process
As part of the proposed landscape ordinance, staff is recommending a separate
permit process to track and manage these new requirements. The landscape
permit would be triggered when a building permit is issued and landscaping is
included in the scope of the project. In addition, the permit process will enable
staff to efficiently track the Department of Water Resources (DWR) annual
reporting requirements as described earlier in this staff report.
One function of the landscape permit is to provide for a quality customer service
experience for project applicants. Since landscaping is typically not completed
at the time of building permit final inspection, the landscape permit would
enable a building permit holder to receive a final building inspection prior to the
landscaping being completed. The separate permit process would require the
permit holder to call for a final landscape inspection when the landscaping scope
has been completed.
The submittal and documentation requirements for compliance during plan
check and inspection are outlined the proposed ordinance and associated
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attachments. During plan check, landscape project applicants will be required to
submit a project information sheet along with a set of plans that reflect the
landscape design and the irrigation design. The project applicant will also be
required to fill out either a water efficiency checklist or provide water budget
calculations on the plans. In addition, the applicant will be required to provide
either a grading design plan or complete a grading design survey. The project
will be required to submit a Certificate of Completion as a declaration that all
water efficient requirements have been incorporated into the permit plans.
During the inspection phase, a City inspector will be required to field-verify that
the water efficient irrigation system has been installed as shows on the permit
plans. The inspector will also confirm that irrigation controllers are installed. If
required, the inspector will also check to ensure that a dedicated irrigation
water meter has been successfully installed on the project site. The project will
be required to submit a Certificate of Installation from the installing contractor
confirming that all water efficient requirements were fulfilled as shown on the
project plans.
Development Services staff uses the Accela Automation software to track
permits, plan checks, and inspections. To manage the landscape permit, staff
will develop a new Accela component for the landscape permit. The Accela
features that will be used for the permit include creation of a new “landscape
permit type” allowing staff to identify and separate the landscape permits from
other permits. Staff will also develop a “workflow” in Accela to manage and
track plan check and inspection for a positive customer service experience.
Staff has estimated the number of anticipated landscape permits based on 50% of
average annual amount of new construction and remodel projects submitted to
Development Services over the three fiscal years.
The estimated number of potential landscape permits has been generated based
on average annual building permits issued during Fiscal Years 2013-2015. The
average number of building permits issued annually for new residential and new
commercial projects equals 150 permits. Staff assumes that 100% of building
permits associated with new construction submitted to Development Services
contain a landscaping scope of some kind. Therefore, staff estimates a total of
150 permits to be issued on an annual basis. The details containing of the
estimated permits can be found in Attachment B.A separate ordinance is being
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developed by staff to propose the landscape permit fees.
Timeline
Given the serious an ongoing nature of the drought and the mandate to adopt an
updated Water Efficient Landscape Ordinance by February 1, 2016, staff is
recommending that the new regulations be adopted as an emergency ordinance
pursuant to Palo Alto Municipal Code 2.04.270(d).
Resource Impact
The resource impact associated with this ordinance will include a plan check
consultant to address the plan checking of these permit applications. The plan
check consultant will develop the required annual reporting to the State. Since
inspections will be required for each permit application, there will be a need for
a staffing increase to accommodate the additional inspections.
Sufficient funding is available within the Development Services department’s
Fiscal Year 2016 budget, through the use of salary savings and unencumbered
contract dollars, to fund additional contract expenses this fiscal year. Any future
funding needs will be brought forth as part of the annual budget process subject
to council approval. In addition, staff will bring forward recommendations to
implement Landscape Review fees to achieve cost neutrality as part of the Fiscal
Year 2017 annual budget process.
Environmental Review
This Ordinance is not subject to the California Environmental Quality Act (“CEQA”)
pursuant to CEQA Guidelines Section 15307 (the activity assures the maintenance,
restoration, enhancement, or protection of a natural resource) and Section
15378(b)(2) (the activity is not a project as it involves general policy and
procedure making) since it makes and implements policies and procedures to
ensure that water resources are conserved by reducing water consumption
through the establishment of a structure for planning, designing, installing,
maintaining and managing water-efficient landscapes.
Attachments:
Attachment5.a: Attachment A - 2015-12-21 (Dev Services)(ORD) Draft Palo Alto-
BAWSCA Ordinance FINAL (PDF)
Attachment5.b: Attachment B - Landscape Permit Estimate (PDF)
*NOT YET APPROVED*
Attachment A
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Ordinance No. ____________
Ordinance of the City Council of the City of Palo Alto Amending
Chapters 12.32 (Water Use Regulations) and 16.14 (California
Green Building Standards Code) of the Palo Alto Municipal Code
and Adding a New Chapter 16.13 (Water Efficient Landscaping) to
Adopt a Local Water Efficient Landscape Ordinance Pursuant to
AB 1881 and the Governor’s Executive Order B-29-15
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. A reliable minimum supply of potable water is essential to the public health,
safety and welfare of the people and economy of Palo Alto.
B. The ongoing drought continues to affect water supplies, agriculture, businesses,
and communities throughout Palo Alto and the State of California.
C. These conditions have led the Governor to declare a state of emergency, most
recently in Executive Order B-36-15, the findings of which are hereby adopted and incorporated
by reference.
D. These conditions have led the California Department of Housing and Community
Development and the California Building Standards Commission to adopt Findings of
Emergency HCD-EF-01-15 and BSC-EF-02-15, respectively, which are hereby adopted and
incorporated by reference.
E. The California Water Conservation in Landscaping Act, also known as the State
Landscape Model Ordinance (“Model Ordinance”), has been implemented by a Statewide
Landscape Task Force which was overseen by the California Urban Water Conservation Council.
The California Water Conservation in Landscaping Act was amended pursuant to AB 2717
(Chapter 682, Stats. 2004) and AB 1881 (Chapter 559, Stats. 2006).
F. AB 1881 required cities and counties, no later than January 1, 2010, to adopt the
updated Model Ordinance or an equivalent document which is “at least as effective as” the
Model Ordinance in conserving water.
G. On December 13, 2010, the City Council adopted local amendments to the
California Green Building Standards Code that were at least as effective as the Model Ordinance
in conserving water (Ordinance No. 5108).
H. On April 1, 2015, Governor Brown issued Executive Order B-29-15, which
directed State agencies to implement immediate measures to save water, increase
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enforcement against water waste, and streamline government response to ongoing drought
conditions.
I. Executive Order B-29-15 directed the Department of Water Resources (“DWR”)
to update the State Model Ordinance through expedited regulation to increase water efficiency
standards for new and existing landscapes through more efficient standards, greywater usage,
onsite storm water capture, and limitations of the portions of landscape that can be covered in
turf.
J. The California Water Commission approved the proposed revisions to the State
Model Ordinance on July 15, 2015.
K. Local agencies are required to adopt the revised State Model Ordinance or adopt
a local or regional ordinance at least as effective in conserving water.
L. The City of Palo Alto has developed this Water Efficient Landscaping Ordinance
in conjunction with the Bay Area Water Supply and Conservation Agency and other local
agencies to meet the requirements and guidelines of the Model Ordinance and to address the
unique physical characteristics, including average landscaped areas, within Palo Alto’s
jurisdiction in order to ensure that this Ordinance will be “at least as effective as” the Model
Ordinance in conserving water.
M. Although this Water Efficient Landscaping Ordinance is more streamlined and
simplified than the Model Ordinance, this Ordinance is “at least as effective as” the Model
Ordinance for the following reasons:
1. This Ordinance applies to more accounts than the Model Ordinance does
because it lowers the size threshold for applicable rehabilitated
landscapes from 2,500 square feet to 1,000 square feetlandscapes of all
sizes, to better reflect the typical landscaped areas located within Palo
Alto’s boundaries.
2. This Ordinance includes a default turf restriction of no turf or high water
use plants in the irrigated area and requires that at least 80% of the
plants in non-turf landscape areas be native plants, low-water using
plants, or no-water using plants (unless the applicant elects to perform a
water budget). The Model Ordinance does not contain any such default
turf restrictions or specified plant requirements.
3. This Ordinance requires covers on newly constructed pools and spas.
4. By using the same water budget parameters as the Model
Ordinance (e.g., plant factors, irrigation efficiency), this Ordinance will be
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as effective as the Model Ordinance in developing landscape water
budgets.
5. By using the same landscape parameters as the Model Ordinance for,
among other things, slope restrictions and width restrictions for turf,
irrigation times, and minimum mulch requirements, this Ordinance will
be at least as effective as the Model Ordinance in achieving water
savings.
N. Article X, Section 2 of the California Constitution and Section 100 of the
California Water Code declare that the general welfare requires water resources be put to
beneficial use, waste or unreasonable use or unreasonable method of use of water be
prevented, and conservation of water be fully exercised with a view to the reasonable and
beneficial use thereof.
O. This Ordinance is consistent with the provisions requiring reductions in outdoor
water use for landscaping in the California Green Building Standards Code, as amended by the
City Council. Such requirements include the development of a water budget for landscape
irrigation in accordance with methodology outlined in either the Model Ordinance or pursuant
to a locally adopted ordinance.
P. The State Legislature has identified the provision of a more reliable water supply
and the protection, restoration and enhancement of the Delta ecosystem as a high priority for
the state. Pursuant to this, in November 2009, the State Legislature passed Senate Bill 7 (7th
Extraordinary Session) requiring certain urban water suppliers to reduce per capita urban water
use by 20% by the year 2020. Accordingly, the City Council finds that implementation of this
Ordinance is consistent with the policies and goals established by the State Legislature in
enacting SB 7 (7th Extraordinary Session).
Q. Article XI, Section 7 of the California Constitution declares that a city or county
may make and enforce within its limits all local, policy, sanitary, and other ordinances and
regulations not in conflict with general laws.
R. The adoption of this Ordinance is separate and distinct from Palo Alto’s adoption
of a local ordinance relating to the use of recycled water in outdoor landscapes (Ordinance No.
5002).
S. The adoption and enforcement of this Ordinance is necessary to manage Palo
Alto’s potable water supply in the short and long-term and to avoid or minimize the effects of
drought and shortage within Palo Alto. This Ordinance is essential to ensure a reliable and
sustainable minimum supply of water for the public health, safety and welfare.
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SECTION 2. Section 12.32.040 (Indoor and outdoor water efficiency) of Chapter 12.32
(Water Use Regulations) of Title 12 (Public Works and Utilities) of the Palo Alto Municipal Code
is hereby amended to read as follows:
Pursuant to the California Water Conservation in Landscaping Act, also known as the
State Landscape Model Ordinance, Government Code §§ 65591, et seq. as amended, a city is
required to adopt the State Landscape Model Ordinance or equivalent local landscape water
efficiency requirements that are "at least as effective" as the state ordinance in conserving
water. The council has adopted requirements that are at least as effective in reducing
landscaping water use, also known as outdoor water use, as well as additional requirements for
existing landscapes and indoor water use in Chapter 16.14 (California Green Building
Code)Chapter 16.13 (Water Efficient Landscaping).
SECTION 3. Chapter 16.13 (Water Efficient Landscaping) is hereby added to Title 16
(Building Regulations) of the Palo Alto Municipal Code to read as follows:
WATER EFFICIENT LANDSCAPING
Sections:
16.13.010 Applicability
16.13.020 Definitions
16.13.030 Water Efficient Landscaping Requirements
16.13.040 Compliance with Ordinance
16.13.050 Landscape Project Application and Documentation Package
16.13.060 Soil Management Report
16.13.070 Water Budget Calculations
16.13.080 Landscape Design Plan
16.13.090 Irrigation Design Plan
16.13.100 Grading Design Plan
16.13.110 Certificate of Completion
16.13.120 Landscape Audit Report
16.13.130 Irrigation Scheduling
16.13.140 Landscape and Irrigation Maintenance Schedule
16.13.150 Stormwater Management and Rainwater Retention
16.13.160 Recycled Water
16.13.170 Graywater Systems
16.13.180 Provisions for Existing Landscapes
16.13.190 Provisions for Existing Landscapes Over One Acre in Size
16.13.200 Violation and Penalties
16.13.210 Enforcement – Citation Authority
16.13.220 Public Education
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16.13.010 Applicability
(a) The provisions of this Chapter shall apply to all of the following landscape
projects:
(1) New construction projects with an aggregatea landscape area of any
sizeequal to or greater than 500 square feet requiring a building or
landscape permit, plan check or design review;
(2) Rehabilitated landscape projects with an aggregatea landscape area of
any sizeequal to or greater than 1,000 square feet requiring a building or
landscape permit, plan check, or design review;
(3) Existing landscapes limited to Sections 493, 493.1 and 493.2 in Division 2,
Title 23 of the California Code of Regulations; all other existing
landscapes shall only be subject to the provisions for existing landscapes
provided for in Section 16.13.190 ”Provisions for Existing Landscapes
Over One Acre in Size”.
(4) Cemeteries. New and rehabilitated cemeteries shall only be subject to
the provisions of Section 16.13.070 “Water Budget Calculations”, Section
16.13.120 “Landscape Audit Report”, and Section 16.13.140 “Landscape
and Irrigation Maintenance Schedule.” Existing cemeteries are limited to
Section 16.13.190 ”Provisions for Existing Landscapes Over One Acre in
Size”.
(b) 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
measures contained in Appendix D.
(c) For projects using treated or untreated graywater or rainwater captured on site,
any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot
or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or
untreated graywater or through stored rainwater captured on site is subject only to Appendix D
section (b)(5).
(d) This Chapter does not apply to:
New construction with irrigated landscape areas less than 500 square feet, rehabilitated
landscapes with irrigated landscape areas less than 1,000 square feet, or landscapes that do not
require a building or landscape permit, plan check or design review, or new or expanded water
service;
(1) Landscapes, or portions of landscapes, that are only irrigated for an
establishment period;
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(2) Registered local, state or federal historical sites where landscaping
establishes a historical landscape style, as determined by a public board
or commission responsible for architectural review or historic
preservation;
(3) Ecological restoration or mined-land reclamation projects that do not
require a permanent irrigation system; or
(4) Community gardens or plant collections, as part of botanical gardens and
arboretums open to the public, agricultural uses, commercial nurseries
and sod farms.
16.13.020 Definitions
(a) “applied water” means the portion of water supplied by the irrigation system to the
landscape.
(b) “automatic irrigation controller” means a timing device used to remotely control
valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust
and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture
data.
(c) “backflow prevention device” means a safety device used to prevent pollution or
contamination of the water supply due to the reverse flow of water from the irrigation system.
(d) “Certificate of Completion” means the document required under Section 492.9 of
Title 23 of the California Code of Regulations.
(e) “certified irrigation designer” means a person certified to design irrigation systems
by an accredited academic institution, a professional trade organization or other program such
as the US Environmental Protection Agency’s WaterSense irrigation designer certification
program and Irrigation Association’s Certified Irrigation Designer program.
(f) “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 Irrigation Association’s Certified Landscape
Irrigation Auditor program.
(g) “check valve” or “anti-drain valve” means a 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.
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(h) “common interest developments” means community apartment projects,
condominium projects, planned developments, and stock cooperatives per Civil Code Section
1351.
(i) “compost” means the safe and stable product of controlled biologic decomposition of
organic materials that is beneficial to plant growth.
(j) “conversion factor (0.62)” means the number that converts acre-inches per acre per
year to gallons per square foot per year.
(k) “distribution uniformity” means the measure of the uniformity of irrigation water
over a defined area.
(l) “drip irrigation” means any non-spray low volume irrigation system utilizing emission
devices with a flow rate measured in gallons per hour. Low volume irrigation systems are
specifically designed to apply small volumes of water slowly at or near the root zone of plants.
(m) “ecological restoration project” means a project where the site is intentionally
altered to establish a defined, indigenous, historic ecosystem.
(n) “effective precipitation” or “usable rainfall” (Eppt) means the portion of total
precipitation which becomes available for plant growth.
(o) “emitter” means a drip irrigation emission device that delivers water slowly from the
system to the soil.
(p) “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.
(q) “establishment period of the 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 plants are established after one or two years of growth. Native habitat
mitigation areas and trees may need three to five years for establishment.
(r) “Estimated Total Water Use” (ETWU) means the total water used for the landscape
as described in Section VIII.
(s) “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45
for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plant
factors and irrigation efficiency, two major influences upon the amount of water that needs to
be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special
Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.
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(t) “evapotranspiration rate” means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time.
(u) “flow rate” means 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.
(v) “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 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 submeter.
(w) “friable” means 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.
(x) “Fuel Modification Plan Guideline” means guidelines from a local fire authority to
assist residents and businesses that are developing land or building structures in a fire hazard
severity zone.
(y) “graywater” means untreated wastewater that has not been contaminated by any
toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes,
and does not present a threat from contamination by unhealthful processing, manufacturing, or
operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs,
showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not
include wastewater from kitchen sinks or dishwashers, as provided in Health and Safety Code
Section 17922.12.
(z) “hardscapes” means any durable material (pervious and non-pervious).
(aa) “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.
(bb) “infiltration rate” means the rate of water entry into the soil expressed as a depth
of water per unit of time (e.g., inches per hour).
(cc) “invasive plant species” means species of plants not historically found in California
that spread outside cultivated areas and can damage environmental or economic resources.
Invasive species may be regulated by county agricultural agencies as noxious species. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and
noxious weeds database.
(dd) “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
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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 Certification program or other U.S. Environmental
Protection Agency “Watersense” labeled auditing program.
(ee) “irrigation efficiency” (IE) means 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.
(ff) “irrigation survey” means an evaluation of an irrigation system that is less detailed
than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system
test, and written recommendations to improve performance of the irrigation system.
(gg) “irrigation water use analysis” means an analysis of water use data based on meter
readings and billing data.
(hh) “landscape architect” means a person who holds a license to practice landscape
architecture in the state of California under Business and Professions Code, Section 5615.
(ii) “landscape area” means 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 non-pervious hardscapes,
and other non-irrigated areas designated for non-development (e.g., open spaces and existing
native vegetation).
(jj) “landscape contractor” means a person licensed by the state of California to
construct, maintain, repair, install, or subcontract the development of landscape systems.
(kk) “Landscape Documentation Package” means the documents required under Section
IV.
(ll) “landscape project” means total area of landscape in a project as defined in
“landscape area” for the purposes of this ordinance, meeting requirements under Section II.
(mm) “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.
(nn) “lateral line” means the water delivery pipeline that supplies water to the emitters
or sprinklers from the valve.
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(oo) “local agency” means a city or county, including a charter city or charter county,
that is responsible for adopting and implementing the ordinance. The local agency is also
responsible for the enforcement of this ordinance, including but not limited to, approval of a
permit and plan check or design review of a project.
(pp) “local water purveyor” means any entity, including a public agency, city, county, or
private water company that provides retail water service.
(qq) “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, 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.
(rr) “low water use plant” means a plant species whose water needs are compatible
with local climate and soil conditions. Species classified as "very low water use" and "low water
use" by WUCOLS, having a regionally adjusted plant factor of 0.0 through 0.3, shall be
considered low water use plants.
(ss) “main line” means the pressurized pipeline that delivers water from the water
source to the valve or outlet.
(tt) “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.
(uu) “Maximum Applied Water Allowance” (MAWA) means the upper limit of annual
applied water for the established landscaped area as specified in Section IX. It is based upon the
area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape
area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance.
Special Landscape 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. MAWA = (ETo) (0.62) [(ETAF x LA) +
((1-ETAF) x SLA)]
(vv) “median” is an area between opposing lanes of traffic that may be unplanted or
planted with trees, shrubs, perennials, and ornamental grasses.
(ww) “microclimate” means 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.
(xx) “”microspray” means a microirrigation emission device with one or more orifices to
convert irrigation water pressure to water discharge with a flow rate not to exceed 30 gallons
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per hour at the largest area of coverage available for the nozzle series when operated at 30 psi.
Microsprays are inclusive of microbubbers, microspinners, and microspray jets.
(yy) “mined-land reclamation projects” means any surface mining operation with a
reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.
(zz) “mulch” means any organic material such as leaves, bark, straw, compost, or
inorganic mineral materials such as rocks, gravel, or 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.
(aaa) “native plant” means a plant indigenous to a specific area of consideration. For the
purposes of these guidelines, the term shall refer to plants indigenous to the coastal ranges of
Central and Northern California, and more specifically to such plants that are suited to the
ecology of the present or historic natural community(ies) of the project’s vicinity.
(bbb) “new construction” means, for the purposes of this ordinance, a new building with
a landscape or other new landscape, such as a park, playground, or greenbelt without an
associated building.
(ccc) “non-residential 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 common areas of common interest developments with designated
recreational areas and multifamily homes where landscaping is managed by a homeowners
association or other common interest development.
(ddd) "no-water using plant" means a plant species with water needs that are
compatible with local climate and soil conditions such that regular supplemental irrigation is
not required to sustain the plant after it has become established.
(eee) “operating pressure” means the pressure at which the parts of an irrigation
system are designed by the manufacturer to operate.
(fff) “overhead sprinkler irrigation systems” or “overhead spray irrigation systems”
means systems that deliver water through the air (e.g., spray heads and rotors).
(ggg) “overspray” means the irrigation water which is delivered beyond the target area.
(hhh) “parkway” means the area between a sidewalk and the curb or traffic lane. It may
be planted or unplanted, and with or without pedestrian egress.
(iii) “permit” means an authorizing document issued by local agencies for new
construction or rehabilitated landscapes.
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(jjj) “pervious” means any surface or material that allows the passage of water through
the material and into the underlying soil.
(kkk) “plant factor” or “plant water use factor” is 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 plant factor range for low water use
plants is 0.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the
plant factor range for high water use plants 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 horticultural researchers from academic institutions or professional
associations as approved by the California Department of Water Resources (DWR).
(lll) “project applicant” means the individual or entity submitting a Landscape
Documentation Package required under Section IV, to request a permit, plan check, or design
review from the local agency. A project applicant may be the property owner or his or her
designee.
(mmm) “rain sensor” or “rain sensing shutoff device” means a component which
automatically suspends an irrigation event when it rains.
(nnn) “record drawing” or “as-builts” means a 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.
(ooo) “recreational 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.
(ppp) “recycled water,” “reclaimed water,” or “treated sewage effluent water” means
treated or recycled waste water or reused water of a quality suitable for nonpotable uses such
as landscape irrigation and water features. This water is not intended for human consumption.
(qqq) “reference evapotranspiration” or “ETo” means a standard measurement of
environmental parameters which affect the water use of plants. ETo is expressed in inches per
day, month, or year as represented in Appendix A, and is an estimate of the evapotranspiration
of a large field of four- to seven-inch tall, cool-season grass that is well watered. Reference
evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances
so that regional differences in climate can be accommodated.
(rrr) “Regional Water Efficient Landscape Ordinance” means a local Ordinance adopted
by two or more local agencies, water suppliers and other stakeholders for implementing a
consistent set of landscape provisions throughout a geographical region. Regional ordinances
are strongly encouraged to provide a consistent framework for the landscape industry and
applicants to adhere to.
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(sss) “rehabilitated landscape” means any relandscaping project that requires a permit,
plan check, or design review, meets the requirements of Section 490.1 of Title 23 of the
California Code of Regulations, and the modified landscape area is equal to or greater than
2,500 square feet.
(ttt) “residential landscape” means landscapes surrounding single family homes or
multifamily homes where landscapes are managed by individual homeowners.
(uuu) “run off” means water which is not absorbed by the soil or landscape to which it is
applied and flows from the landscape area. For example, run off may result from water that is
applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.
(vvv) “soil moisture sensing device” or “soil moisture sensor” means a device that
measures the amount of water in the soil. The device may also suspend or initiate an irrigation
event.
(www) “soil texture” means the classification of soil based on its percentage of sand,
silt, and clay.
(xxx) “Special Landscape Area” (SLA) means an area of the landscape dedicated solely to
edible plants, recreational areas, areas irrigated with recycled water, or water features using
recycled water.
(yyy) “sprinkler head” or “spray head” means a device which delivers water through a
nozzle.
(zzz) “static water pressure” means the pipeline or municipal water supply pressure
when water is not flowing.
(aaaa) “station” means an area served by one valve or by a set of valves that operate
simultaneously.
(bbbb) “swimming pool” means any structure intended for swimming, recreational
bathing or wading that contains water over 24 inches (610 mm) deep. This includes in-ground,
above ground, and on-ground pools; hot tubs; spa and fixed in place wading pools.
(cccc) “swing joint” means an 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.
(dddd) “submeter” means a metering device to measure water applied to the landscape
that is installed after the primary utility water meter.
(eeee) “turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky
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bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses.
Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo
grass are warm-season grasses.
(ffff) “valve” means a device used to control the flow of water in the irrigation system.
(gggg) “water conserving plant species” means a plant species identified as having a very
low or low plant factor.
(hhhh) “water feature” means a design element where open water performs an
aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains,
artificial streams, spas, and swimming pools (where water is artificially supplied). The surface
area of water features is included in the high water use hydrozone of the 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.
(iiii) “watering window” means the time of day irrigation is allowed.
(jjjj) “WUCOLS” means the current version of the Water Use Classification of Landscape
Species current edition published by the University of California Cooperative Extension and the
Department of Water Resources, available at:
http://ucanr.edu/sites/WUCOLS/Download_WUCOLS_IV_List/
16.13.030 Water Conservation in Landscaping Ordinance Requirements
(a) Landscape Permit Required. Any owner or authorized agent who intends to
install or modify a landscape subject to the requirements of this Chapter, or to cause such work
to be done, shall first make application to the Development Services department and obtain a
landscape permit. Landscape permits shall be governed by Section 105 of the California
Building Code and local amendments.
(b) New Construction and Rehabilitated Landscapes. All owners of new construction
and rehabilitated landscapes of applicable sizes shall: (1) complete the Landscape Project
Application and Documentation Package described in Section 16.13.050 and (2) comply with
the Landscape and Irrigation Maintenance Schedule requirements of Section 16.13.140.
(c) Existing Landscapes Over One Acre in Size. All owners of existing landscapes
over one acre in size, even if installed before enactment of this Chapter, shall: (1) comply with
City of Palo Alto programs that may be instituted relating to irrigation audits, surveys and water
use analysis, and (2) shall maintain landscape irrigation facilities to prevent water waste and
runoff.
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16.13.040 Compliance with Ordinance.
(a) The local agency Chief Building Official or designee shall:
(1) Provide the project applicant with the Ordinance and Landscape Project
Application and Documentation Package requirements and the
procedures for permits, plan checks, design reviews, or new or expanded
water service;
(2) Review the Landscape Project Application submitted by the project
applicant;
(3) Approve or deny the project applicant’s Landscape Project Application
submittal;
(4) Issue or approve a permit, plan check or design review that complies with
the approved Landscape Project Application or approve a new or
expanded water service application that complies with the approved
Landscape Project Application;
(5) Submit a copy of the complete Landscape Project Application to the local
water purveyor or land use authority, as the case may be.
(b) The project applicant shall:
(1) Prior to construction, submit all portions of the Landscape Project
Application, except the Landscape Audit Report, to the local agency; and
(2) Upon approval of the Landscape Project Application by the local
agencyCity:
(A) receive a permit or approval of the plan check or design review
and record the date of the permit in the Certificate of Completion;
(B) submit a copy of the approved Landscape Documentation
Package along with the record drawings, and any other
information to the property owner or his/her designee; and
(C) submit a copy of the Water Efficient Landscape Worksheet to the
local water purveyorDevelopment Services department.
16.13.50 Landscape Project Application and Documentation Package
(a) The elements of a landscape must be designed to achieve water efficiency and
will comply with the criteria described in this Chapter. In completing the Landscape Project
Application, project applicants may choose one of two options to demonstrate that the
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landscape meets the Chapter’s water efficiency goals. Regardless of which option is selected,
the applicant must complete and comply with all other elements of the Chapter. The options
include:
(1) Planting restrictions:
(A) The landscape areas may include no turf or high-water using
plants; and
(B) At least 80% of the plants in landscape areas shall be native
plants, low-water using plants, or no-water using plants; or the
(2) Water Budget Calculation option (Section 16.13.070).
(b) The Landscape Project Application shall include the following elements:
(1) Project Information;
(A) Date
(B) Project Applicant
(C) Project address (if available, parcel and/or lot numbers)
(D) Project type (e.g., new, rehabilitated, public, private, cemetery,
homeowner-installed)
(E) Total landscape area (Square feet)
(F) 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
(G) Checklist of all documents in Landscape Documentation Package
(H) Project contacts to include 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 water efficient landscape ordinance
and submit a complete Landscape Documentation Package;”
(2) Water Budget Calculations, if applicant selects to use a water budget
approach rather than comply with the turf area limitations or specified
plant type restrictions (Section 16.13.070);
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(3) Soil Management Report or Soil Management Survey (Section 16.13.060);
(4) Landscape Design Plans (Section 16.13.080);
(5) Irrigation System Design Plans (Section 16.13.090); and
(6) Landscape Audit Report (Section 16.13.120);
(7) Grading Design Plan or Grading Design Survey (Section 16.13.100).
16.13.060 Soil Management Report
In order to reduce runoff and encourage healthy plant growth, a soil management report shall
be completed by the project applicant, or his/her designee, or the applicant shall complete a
Soil Management Survey (Appendix E). The soil management report shall be completed as
follows:
(a) Submit soil samples to a laboratory for analysis and recommendations.
(1) Soil sampling shall be conducted in accordance with laboratory protocol,
including protocols regarding adequate sampling depth for the intended
plants.
(2) The soil analysis shall include:
(A) soil texture;
(B) infiltration rate determined by laboratory test or soil texture
infiltration rate table;
(C) pH;
(D) total soluble salts;
(E) sodium
(F) percent organic matter; and
(G) recommendations
(3) In projects with multiple landscape installations (i.e. production home
developments) a soil sampling rate of 1 in 7 lots or approximately 15%
will satisfy this requirement. Large landscape projects shall sample at a
rate equivalent to 1 in 7 lots.
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(4) The project applicant, or his/her designee, shall comply with one of the
following:
(A) If significant mass grading is not planned, the soil analysis report
shall be submitted to the local agencyDevelopment Services
department as part of the Landscape Documentation Package; or
(B) If significant mass grading is planned, the soil analysis report shall
be submitted to the local agencyDevelopment Services
department as part of the Certificate of Completion.
(5) 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.
(6) The project applicant, or his/her designee, shall submit documentation
verifying implementation of soil analysis report recommendations to the
local agency with Certificate of Completion.
16.13.070 Water Budget Calculations
Project applicant may elect to complete a water budget calculation for the landscape project
using the Water Efficient Landscape Worksheet in Appendix B. Water budget calculations, if
prepared, shall adhere to the following requirements.
(a) The plant factor used shall be from WUCOLS or from horticultural researchers
with academic institutions or professional associations as approved by the California
Department of Water Resources (DWR). The plant factor ranges from from 0 to 0.1 for very low
water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use
plants, and from 0.7 to 1.0 for high water use plants.
(b) All water features shall be included in the high water use hydrozone and
temporarily irrigated areas shall be included in the low water use hydrozone.
(c) All Special Landscape Areas (SLA) shall be identified and their water use included
in the water budget calculations.
(d) The reference evapotranspiration adjustment factor (ETAF) for SLA shall not
exceed 1.0. The ETAF for all other landscaped areas shall not exceed 0.55 for residential areas
and 0.45 for non-residential areas.
(e) ETo values from the Reference Evapotranspiration Table in Appendix A shall be
used In calculating the Maximum Applied Water Allowance (MAWA) and Estimated Total Water
Use (ETWU). For geographic areas not covered in Appendix A, use data from other cities located
nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference
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Evapotranspiration Zones Map, Department of Water Resources, 1999.For the purpose of
determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for
overhead spray devices and 0.81 for drip system devices.
(f) MAWA shall be calculated using the equation below:
MAWA = (ETo) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas
MAWA = (ETo) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas
Where:
MAWA = Maximum Applied Water Allowance (gallons per year)
ETo = Reference Evapotranspiration (inches per year)
0.62 = Conversion Factor (to gallons)
0.55 = Reference Evapotranspiration Adjustment Factor (ETAF)
for residential areas
0.45 = Reference Evapotranspiration Adjustment Factor (ETAF)
for non-residential areas
LA = Landscape Area including SLA (square feet)
0.45 = Additional Water Allowance for SLA in residential areas
0.55 = Additional Water Allowance for SLA in non-residential
areas
SLA = Special Landscape Area (square feet)
(g) The local agency Chief Building Official or designee or the project applicant may
consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use
the following equation to calculate the MAWA:
(1) MAWA = (ETo - Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential
areas.
(2) MAWA = (ETo - EPPT) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential
areas.
(h) Estimated Total Water Use (ETWU) will be calculated using the equation below.
The sum of the ETWU calculated for all hydrozones will not exceed the MAWA.
Where:
ETWU = Estimated Total Water Use per year (gallons)
ETo = Reference Evapotranspiration (inches)
PF = Plant Factor from WUCOLS (see Section 491)
+=SLAIE
HAxPFEToETWU)62.0)((
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HA = Hydrozone Area [high, medium, and low water use areas]
(square feet)
0.75 = Irrigation Efficiency (IE) for overhead spray devices
0.81 = Irrigation Efficiency (IE) for drip system devices
SLA = Special Landscape Area (square feet)
0.62 = Conversion Factor
16.13.080 Landscape Design Plan
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 design criteria
shall be submitted as part of the Landscape Documentation Package.
(a) Plant Material.
(1) Any plant may be selected for the landscape, providing the Estimated
Total Water Use in the landscape area does not exceed the Maximum
Applied Water Allowance. Methods to achieve water efficiency shall
include one or more of the following:
(A) Protection and preservation of native species and natural
vegetation
(B) selection of water-conserving plant, tree and turf species,
especially local native plants;
(C) selection of plants based on local climate suitability, disease and
pest resistance;
(D) selection of trees based on applicable local tree ordinances or
tree shading guidelines, and size at maturity as appropriate for
the planting area; and
(E) selection of plants from local and regional landscape program
plant lists.
(F) selection of plants from local Fuel Modification Plan Guidelines.
(2) Each hydrozone shall have plant materials with similar water use, with
the exception of hydrozones with plants of mixed water use, as specified
in Section X (A)(ii)(4)16.13.090(d)(4).
(3) Plants shall be selected and planted appropriately based upon their
adaptability to the climatic, geologic, and topographical conditions of the
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project site. Methods to achieve water efficiency shall include one or
more of the following:
(A) use the Sunset Western Climate Zone System which takes into
account temperature, humidity, elevation, terrain, latitude, and
varying degrees of continental and marine influence on local
climate;
(B) 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]; allow for
adequate soil volume for healthy root growth;
(C) consider the solar orientation for plant placement to maximize
summer share and winter solar gain.
(4) Turf is not allowed on slopes greater than 25% where the toe of the slope
is adjacent to an impermeable hardscape and where 25% means 1 foot of
vertical elevation change for every 4 feet of horizontal length (rise
divided by run x 100 = slope percent).
(5) High water use plants, characterized by a plant factor of 0.7 to 1.0, are
prohibited in street medians.
(6) A landscape design plan for projects in fire-prone areas shall address fire
safety and prevention. A defensible space or zone around a building or
structure is required per Public Resources Code Section 4291(a) and (b).
Avoid fire-prone plant materials and highly flammable mulches. Refer to
the local Fuel Modification Plan guidelines.
(7) The use of invasive plant species, such as those listed by the California
Invasive Plant Council, is strongly discouraged.
(8) The architectural guidelines of a common interest development, which
include community apartment projects, 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.
(b) Water Features.
(1) Recirculating water systems shall be used for water features.
(2) Where available, recycled water shall be used as a source for decorative
water features.
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(3) Surface area of a water feature shall be included in the high water use
hydrozone area of the water budget calculation.
(4) Pool and spa covers are required on any newly constructed pool or spa.
(c) Soil Preparation, Mulch and Amendments.
(1) Prior to the planting of any materials, compacted soils shall be
transformed to a friable condition. On engineered slopes, only amended
planting holes need meet this requirement.
(2) Soil amendments shall be incorporated according to recommendations of
the soil report and what is appropriate for the plants selected (see
Section VII).
(3) 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 a
depth of six inches into the soil. Soils with greater than 6% organic matter
in the top 6 inches of soil are exempt from adding compost and tilling.
(4) 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 applications where mulch is
contraindicated. To provide habitat for beneficial insects and other
wildlife, up to 5% of the landscape area may be left without mulch.
Designated insect habitat must be included in the landscape design plan
as such.
(5) Stabilizing mulching products shall be used on slopes that meet current
engineering standards.
(6) The mulching portion of the seed/mulch slurry in hydro-seeded
applications shall meet the mulching requirement.
(7) Organic mulch materials made from recycled or post-consumer shall take
precedence over inorganic materials or virgin forest products unless the
recycled post-consumer organic products are not locally available.
Organic mulches are not required where prohibited by local Fuel
Modification Plan Guidelines or other applicable local ordinances.
(d) Landscape Design Plan contents. The landscape design plan, at a minimum,
shall:
(1) delineate and label each hydrozone by number, letter, or other method;
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(2) identify each hydrozone as low, moderate, high water, or mixed water
use. Temporarily irrigated areas of the landscape shall be included in the
low water use hydrozone for the water budget calculation;
(3) identify recreational areas;
(4) identify areas permanently and solely dedicated to edible plants;
(5) identify areas irrigated with recycled water;
(6) identify type of mulch and application depth;
(7) identify soil amendments, type, and quantity;
(8) identify type and surface area of water features;
(9) identify hardscapes (pervious and non-pervious);
(10) identify location, installation details, and 24-hour retention or infiltration
capacity of any applicable stormwater best management practices that
encourage on-site retention and infiltration of stormwater. Project
applicants shall refer to the local agency or regional Water Quality
Control BoardDevelopment Services department for information on any
applicable stormwater technical requirements, including but not limited
to the requirements of Chapter 16.11. Stormwater best management
practices are encouraged in the landscape design plan and examples are
provided in Section XVI16.13.150.
(11) identify any applicable rain harvesting or catchment technologies as
discussed in Section XVI 16.13.150 and their 24-hour retention or
infiltration capacity;
(12) identify any applicable graywater discharge piping, system components
and area(s) of distribution;
(13) contain the following statement: “I have complied with the criteria of the
ordinance and applied them for the efficient use of water in the
landscape design plan”; and
(14) bear the signature of a licensed landscape architect, licensed landscape
contractor, or any other person authorized to design a landscape. (See
Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5,
5641.6, 6701, 7027.5 of the Business and Professions Code, Section
832.27 of Title 16 of the California Code of Regulations, and Section 6721
of the Food and Agriculture Code.).
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16.13.90 Irrigation Design Plan
This section applies to landscaped areas requiring permanent irrigation, not areas that require
temporary irrigation solely for the plant establishment period. For the efficient use of water, an
irrigation system shall meet all the requirements listed in this section and the manufacturers’
recommendations. The irrigation system and its related components shall be planned and
designed to allow for proper installation, management, and maintenance. An irrigation design
plan meeting the following design criteria shall be submitted as part of the Landscape
Documentation Package.
(a) Irrigation System.
(1) Landscape water meters, defined as either a dedicated water service
meter or private submeter, shall be installed for all non-residential
irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq.ft. (the
level at which Water Code 535 applies) and residential irrigated
landscapes of 5,000 sq. ft. or greater. A For the purposes of this
requirement, a landscape water meter may be either:
(A) a customer service meter dedicated to landscape use provided by
the local water purveyorUtilities department; or
(B) a privately owned meter or submeter.
(2) Automatic irrigation controllers utilizing either evapotranspiration or soil
moisture sensor data utilizing non-volatile memory shall be required for
irrigation scheduling in all irrigation systems.
(3) If the water pressure is below or exceeds the recommended pressure of
the specified irrigation 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 pressure range for
optimal performance.
(A) 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.
(B) 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 measurements shall be
conducted at the design stage. If the measurements are not
151221 jjs 016-DevServices 25
available at the design stage, the measurements shall be
conducted at installation.
(4) 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.
(5) 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.
(6) Backflow prevention devices shall be required to protect the water
supply from contamination by the irrigation system. A project applicant
shall refer to the applicable local agency code (i.e., public health) for
additional backflow prevention requirements.
(7) Flow sensors that detect high flow conditions created by system damage
or malfunction are required for all on non-residential landscapes and
residential landscapes of 5000 sq. ft. or larger.
(8) Master shut-off valves are required on all projects except landscapes that
make use of technologies that allow for the individual control of
sprinklers that are individually pressurized in a system equipped with low
pressure shut down features.
(9) 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 adjacent property, non-irrigated
areas, hardscapes, roadways, or structures.
(10) Relevant information from the soil management plan, such as soil type
and infiltration rate, shall be utilized when designing irrigation systems.
(11) The design of the irrigation system shall conform to the hydrozones of
the landscape design plan.
(12) The irrigation system must be designed and installed to meet, at a
minimum, the irrigation efficiency criteria as described in Section VIII
16.13.070 regarding the Maximum Applied Water Allowance.
(13) All irrigation emission devices must meet the requirements set in the
American National Standards Institute (ANSI) standard, American Society
of Agricultural and Biological Engineers’/International Code Council’s
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(ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter
Standard, 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.
(14) It is highly recommended that the project applicant or local agency
inquire with the local water purveyor about peak water operating
demands (on the water supply system) or water restrictions that may
impact the effectiveness of the irrigation system.
(15) In mulched planting areas, the use of low volume irrigation is required to
maximize water infiltration into the root zone.
(16) Sprinkler heads and other emission devices shall have matched
precipitation rates, unless otherwise directed by the manufacturer’s
recommendations.
(17) Head to head coverage is recommended. However, sprinkler spacing shall
be designed to achieve the highest possible distribution uniformity using
the manufacturer’s recommendations.
(18) Swing joints or other riser-protection components are required on all
risers subject to damage that are adjacent to hardscapes or in high traffic
areas of turfgrass.
(19) Check valves or anti-drain valves are required on all sprinkler heads
where low point drainage could occur.
(20) Areas less than ten (10) feet in width in any direction shall be irrigated
with subsurface irrigation or other means that produces no runoff or
overspray.
(21) 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 restrictions may be modified if:
(A) the landscape area is adjacent to permeable surfacing and no
runoff occurs; or
(B) the adjacent non-permeable surfaces are designed and
constructed to drain entirely to landscaping; or
151221 jjs 016-DevServices 27
(C) the irrigation designer specifies an alternative design or
technology, as part of the Landscape Documentation Package and
clearly demonstrates strict adherence to irrigation system design
criteria in Section X (A)(1)Section 16.13.090(a). Prevention of
overspray and runoff must be confirmed during the irrigation
audit.
(22) Slopes greater than 25% shall not be irrigated with an irrigation system
with a 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. Prevention of runoff
and erosion must be confirmed during the irrigation audit.
(b) Hydrozone.
(1) Each valve shall irrigate a hydrozone with similar site, slope, sun
exposure, soil conditions, and plant materials with similar water use.
(2) Sprinkler heads and other emission devices shall be selected based on
what is appropriate for the plant type within that hydrozone.
(3) 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.
(4) Individual hydrozones that mix plants of moderate and low water use, or
moderate and high water use, may be allowed if:
(A) plant factor calculation is based on the proportions of the
respective plant water uses and their plant factor; or
(B) the plant factor of the higher water using plant is used for
calculations.
(5) Individual hydrozones that mix high and low water use plants shall not be
permitted.
(6) On the Landscape Design Plan and Irrigation Design Plan, hydrozone
areas shall be designated 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 (see Appendix B Section A). This table can also assist
with the irrigation audit and programming the controller.
151221 jjs 016-DevServices 28
(c) Irrigation Design Plan contents. The Irrigation Design Plan, at a minimum, shall
contain:
(1) location and size of separate water meters for landscape;
(2) location, type and size of all components of the irrigation system,
including controllers, main and lateral lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure
regulators, and backflow prevention devices;
(3) static water pressure at the point of connection to the public water
supply;
(4) flow rate (gallons per minute), application rate (inches per hour), and
design operating pressure (pressure per square inch) for each station;
(5) recycled water irrigation systems as specified in Section XVII16.13.160;
(6) the following statement: “I have complied with the criteria of the
ordinance and applied them accordingly for the efficient use of water in
the irrigation design plan”; and
(7) the signature of a licensed landscape architect, certified irrigation
designer, licensed landscape contractor, or any other person authorized
to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1,
5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the Business and
Professions Code, Section 832.27 of Title 16 of the California Code of
Regulations, and Section 6721 of the Food and Agricultural Code.)
16.13.100 Grading Design Plan
For the efficient use of water, grading of a project site shall be designed to minimize soil
erosion, runoff, and water waste. A grading plan or completed Grading Design Survey
(Appendix E)shall be submitted as part of the Landscape Documentation Package. A
comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies
this requirement.
(a) The project applicant shall submit a landscape grading plan that indicates
finished configurations and elevations of the landscape area including:
(1) height of graded slopes;
(2) drainage patterns;
(3) pad elevations;
151221 jjs 016-DevServices 29
(4) finish grade; and
(5) storm water retention improvements, if applicable
(b) To prevent excessive erosion and runoff, it is highly recommended that project
applicants:
(1) grade so that all irrigation and normal rainfall remains within property
lines and does not drain on to non-permeable hardscapes;
(2) avoid disruption of natural drainage patterns and undisturbed soil; and
(3) avoid soil compaction in landscape areas.
16.13.110 Certificate of Completion
(a) The Certificate of Completion (see Appendix C for a sample certificate) shall
include the following six (6) elements:
(1) Project information sheet that contains:
(A) Date
(B) Project name
(C) Project applicant name, telephone, and mailing address;
(D) Project address and location; and
(E) Property owner name, telephone, and mailing address
(2) certification by either the signer of the landscape design plan, the signer
of the irrigation design plan, or the licensed landscape contractor that the
landscape project has been installed per the approved Landscape
Documentation Package;
(A) where there have been significant changes made in the field
during construction, these “as-built” or record drawings shall be
included with the certification;
(B) a diagram of the irrigation plan showing hydrozones shall be kept
with the irrigation controller for subsequent management
purposes.
(3) irrigation scheduling parameters used to set the controller (see Section
XIV16.13.130);
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(4) landscape and irrigation maintenance schedule (see Section
XV16.13.140);
(5) irrigation audit report (see Section XIII16.13.120); and
(6) soil analysis report or soil management survey, if not submitted with
Landscape Documentation Package, and documentation verifying
implementation of soil report recommendations (see Section
VII16.13.060).
(b) The project applicant shall:
(1) submit the signed Certificate of Completion to the local
agencyDevelopment Services department for review;
(2) ensure that copies of the approved Certificate of Completion are
submitted to the local water purveyor and property owner or his or her
designee.
(c) The local agencyChief Building Official or designee shall:
(1) receive the signed Certificate of Completion from the project applicant;
(2) approve or deny the Certificate of Completion. If the Certificate of
Completion is denied, the local agency shall provide information to the
project applicant regarding reapplication, appeal, or other assistance.
16.13.120 Landscape Audit Report
(a) The Landscape Audit Report shall include, but is not limited to: inspection to
confirm that the landscaping and irrigation system were installed as specified in the Landscape
and Irrigation Design Plan, system tune-up, system test with distribution uniformity, reporting
overspray or run off that causes overland flow, and preparation of an irrigation schedule.
(b) The Landscape Audit Report shall include the following statement: “The
landscape and irrigation system has been installed as specified in the Landscape and Irrigation
Design Plan and complies with the criteria of the Palo Alto Water Efficient Landscape Ordinance
and the permit”.
(c) Local agencyThe Chief Building Official or designee shall administer on-going
programs that may include, but are not be limited to, post-installation landscape inspection,
irrigation water use analysis, irrigation audits, irrigation surveys and water budget calculations
to evaluate compliance with the MAWA.
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16.13.130 Irrigation Scheduling
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. Irrigation
schedules shall meet the following criteria:
(a) Irrigation scheduling shall be regulated by automatic irrigation controllers.
(b) Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m. unless
weather conditions prevent it. If allowable hours of irrigation differ from the local water
purveyor, the stricter of the two shall apply. Operation of the irrigation system outside the
normal watering window is allowed for auditing and system maintenance.
(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. Total annual applied water shall be
less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules
shall be regulated by automatic irrigation controllers using current reference
evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
(d) Parameters used to set the automatic controller shall be developed and
submitted for each of the following:
(1) The plant establishment period;
(2) The established landscape; and
(3) Temporarily irrigated areas
(e) Each irrigation schedule shall consider for each station all of the following that
apply:
(1) irrigation interval (days between irrigation);
(2) irrigation run times (hours or minutes per irrigation event to avoid
runoff);
(3) number of cycle starts required for each irrigation event to avoid runoff;
(4) amount of applied water scheduled to be applied on a monthly basis;
(5) application rate setting;
(6) root depth setting;
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(7) plant type setting;
(8) soil type;
(9) slope factor setting;
(10) shade factor setting; and
(11) irrigation uniformity or efficiency setting.
16.13.140 Landscape and Irrigation Maintenance Schedule
(a) Landscapes shall be maintained to ensure water use efficiency. A regular
maintenance schedule shall be submitted with the Certificate of Completion.
(b) A regular maintenance schedule shall include, but not be limited to:
(1) routine inspection;
(2) auditing;
(3) adjustment and repair of the irrigation system and its components;
(4) aerating and dethatching turf areas;
(5) topdressing with compost; replenishing mulch;
(6) fertilizing;
(7) pruning;
(8) weeding in all landscape areas; and
(9) removing obstructions to emission devices.
(c) Operation of the irrigation system outside the normal watering window is
allowed for auditing and system maintenance.
(d) Repair of all irrigation equipment shall be done with the originally installed
components or their equivalents or with components with greater efficiency.
(e) A Project applicant is encouraged to implement established landscape industry
sustainable Best Practices for all landscape maintenance activities.
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16.13.150 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 retention and infiltration are encouraged.
(b) Project applicants shall refer to Chapters 16.11 and 16.28 of this Code and any
regulations published by the Citythe local agency or Regional Water Quality Control Board for
information on any applicable stormwater technical requirements.
(c) All planted landscape areas are required to have friable soil to maximize water
retention and infiltration. Refer to Section IX (A)(iii)16.13.080(c).
(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 capacity 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 on-site 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 weather runoff and increase percolation into the
soil.
(7) Consider constructed wetlands and ponds that retain water, equalize
excess flow, and filter pollutants.
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16.13.160 Recycled Water
The installation of recycled water irrigation systems shall allow for the current and future use of
recycled water.
All recycled water irrigation systems shall be designed and operated in accordance with all
applicable local and State laws.
Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment
Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
16.13.170 Graywater Systems
Graywater systems promote the efficient use of water and are encouraged to assist in on-site
landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title
24, Part 5, Chapter 16) and any applicable local ordinance standards. Refer to Section II
(B)16.13.010(b) for the applicability of this ordinance to landscape areas less than 2,500 square
feet with the Estimated Total Water Use met entirely by graywater.
(f) Environmental Review
The local agency must comply with the California Environmental Quality Act (CEQA), as
appropriate.
16.13.180 Provisions for Existing LandscapesCollaboration With Other Agencies
A local agencyThe City of Palo Alto may by mutual agreement, designate another agency, such
as a water purveyor, to implement some or all of the requirements contained in this ordinance.
Local agenciesThe City of Palo Alto may collaborate with water purveyorsother agencies to
define each entity’s specific responsibilities relating to this ordinance.
16.13.190 Provisions for Existing Landscapes Over One Acre in Size
(a) This section shall apply to all existing landscapes that were installed before
February 1, 2016, and are over one acre in size.
(b) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
(1) For landscapes that have a water meter, the local agency shall administer
programs that may include, but not be limited to, irrigation water use
analyses, irrigation surveys, and irrigation audits to evaluate water use
and provide recommendations as necessary to reduce landscape water
use to a level that does not exceed the MAWA for existing landscapes.
The MAWA for existing landscapes shall be calculated as: MAWA = (0.8)
(ETo)(LA)(0.62).
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(2) For landscapes that do not have a meter, the local agency shall
administer programs that may include, but not be limited to, irrigation
surveys and irrigation audits to evaluate water use and provide
recommendations as necessary in order to prevent water waste.
(3) All landscape irrigation audits for existing landscapes that are greater
than one acre in size shall be conducted by a certified landscape irrigation
auditor.
(c) Water Waste Prevention.
(1) Local agencies shall prevent water waste resulting from inefficient
landscape irrigation by prohibiting Property owners shall not permit
runoff from leavingto leave the target landscape due to low head
drainage, overspray, or other similar conditions where water flows onto
adjacent property, non-irrigated areas, walks, roadways, parking lots, or
structures.
(2) The Chief Building Official or designee may modify Rrestrictions regarding
overspray and runoff may be modified if:
(A) the landscape area is adjacent to permeable surfacing and no
runoff occurs; or
(B) the adjacent non-permeable surfaces are designed and
constructed to drain entirely to landscaping.
16.13.200 Violations and Penalties
Any person, firm or corporation violating any provision of this chapter is guilty of a
misdemeanor and upon conviction thereof shall be punished as provided in subsection (a) of
Section 1.08.010 of this code. As provided in Chapters 1.12 and 1.16 of this code, violations may
additionally or alternatively be subject to administrative citation or compliance order. Each
separate day or any portion thereof during which any violation of this chapter occurs or
continues shall be deemed to constitute a separate offense, punishable as provided in this
section.
When the Chief Building Official determines that a violation of this chapter has occurred,
he/she may record a notice of pendency of code violation with the Office of the County
Recorder stating the address and owner of the property involved. When the violation has been
corrected, the Chief Building Official shall issue and record a release of the notice of pendency
of code violation.
A local agency may establish and administer penalties to the project applicant for non-
compliance with this Ordinance to the extent permitted by law.
151221 jjs 016-DevServices 36
A. Violation and Notice of Correction.
It is unlawful for any person, firm, partnership, association, or corporation
subject to the requirements of this Ordinance to fail to comply with the outdoor
water use efficiency requirements of this Ordinance. The Chief Building Official
or designee has the authority to conduct such inquiries, audits or surveys to
ensure compliance with the requirements of this Ordinance. Whenever the
Chief Building Official or designee determines that a violation of this Ordinance
has occurred, he or she may serve a notice of correction on the owner(s) of the
property on which the violation is situated. The owner(s) of record shall have
ninety (90) days to take corrective action.
B. [For Cities and Counties] Administrative Enforcement.
In addition to any other remedy provided by the [insert entity’s name]’s
Municipal Code, any provision of this Ordinance may be enforced by an
administrative order issued pursuant to any one of the administrative processes
set forth in Section _____ of the [insert entity’s name]’s Municipal Code. The
[insert commission/governing body] shall serve as the administrative
enforcement hearing officer for the purposes of considering any appeals.
16.13.210 Enforcement – Citation Authority
The employee positions designated in this section may enforce the provisions of this chapter by
the issuance of citations; persons employed in such positions are authorized to exercise the
authority provided in Penal Code Section 836.5 and are authorized to issue citations for
violations of this chapter. The designated employee positions are: (1) Chief Building Official; (2)
Building Inspection Supervisor; (3) Director of Development Services, and (4) Code enforcement
officer.
16.13.220 Public Education
(a) Publications. Education is a critical component to promote the efficient use of
water in landscapes. The use of appropriate principles of design, installation, management and
maintenance that save water is encouraged in the community. The local agencyChief Building
Official or designee shall provide information to all applicants regarding the design, installation,
management, and maintenance of water-efficient landscapes and irrigation systems.
(b) Model Homes. All model homes that are landscaped shall use signs and written
information to demonstrate the principles of water-efficient landscapes that are described in
this Ordinance.
(1) Signs shall be used to identify the model as an example of a water
efficient landscape featuring elements such as hydrozones, irrigation
equipment, and others that contribute to the overall water efficient
theme. Signage shall include information about the site water use as
151221 jjs 016-DevServices 37
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
rainwater catchment systems.
(2) Information shall be provided about designing, installing, managing, and
maintaining water efficient landscapes.
16.13.230 Appendices
The Development Services department shall maintain, update, and publish the following
appendices, which are hereby incorporated into this Ordinance as if set forth fully herein.
(a) Reference Evapotranspiration (ETO) Table
(b) Water Efficient Landscape Worksheet
(c) Certificate of Completion
(d) Prescriptive Compliance Option
(e) Soil and Grading Design Survey
(f) Outdoor Water Efficiency Checklist
SECTION 4. Chapter 16.14 (California Green Building Standards Code) of Title 16
(Building Regulations) of the Palo Alto Municipal Code is hereby amended to repeal in their
entirety the following sections:
A. 16.14.140 Section A4.106.3 Landscape design.
B. 16.14.200 Section A4.304.1 Low-water consumption irrigation system.
C. 16.14.210 Section A4.304.4 Potable water reduction.
D. 16.14.220 Section A4.304.6 Irrigation metering device.
E. 16.14.310 Section 5.304.3.2 Irrigation efficiency.
F. 16.14.340 Section A5.304.4 Potable water reduction.
SECTION 5. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion or
sections of the Ordinance. The Council hereby declares that it should have adopted the
Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the
fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid.
151221 jjs 016-DevServices 38
SECTION 6. The City Council finds and determines that this Ordinance is not subject
to the California Environmental Quality Act (“CEQA”) pursuant to Section 15307 (the activity
assures the maintenance, restoration, enhancement, or protection of a natural resource) and
Section 15378(b)(2) (the activity is not a project as it involves general policy and procedure
making) of the State CEQA Guidelines since it makes and implements policies and procedures to
ensure that water resources are conserved by reducing water consumption through the
establishment of a structure for planning, designing, installing, maintaining and managing
water-efficient landscapes.
SECTION 7. The City Council finds and declares that, for the reasons provided in
Section 1, this Ordinance is necessary as an emergency measure for preserving the public
peace, health, or safety. Pursuant to Palo Alto Municipal Code section 2.04.270(d), this
Ordinance shall take full force and effect immediately upon adoption by a vote of four-fifths of
the council members present.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Deputy City Attorney City Manager
____________________________
Director of Development Services
____________________________
Director of Administrative Services
Appendix A: Reference Evapotranspiration (ETo) Table
Appendix B
WATER EFFICIENT LANDSCAPE WORKSHEET
This worksheet is filled out by the project applicant and it is a required element of the Landscape Documentation Package.
Reference Evapotranspiration (ETo) ____________
ETAF Calculations
Regular Landscape Areas
All Landscape Areas
Hydrozone #
/Planting
Descriptiona
Plant
Factor (PF)
Irrigation
Methodb
Irrigation
Efficiency
(IE)c
ETAF
(PF/IE)
Landscape
Area (sq, ft,)
ETAF x Area
Estimated Total
Water Use
(ETWU)e
Regular Landscape Areas
Totals (A) (B)
Special Landscape Areas
1
1
1
Totals (C) (D)
ETWU Total
Maximum Allowed Water Allowance (MAWA)e
Total ETAF x Area (B)
Total Area (A)
Average ETAF B ÷ A
Total ETAF x Area (B+D)
Total Area (A+C)
Sitewide ETAF (B+D) ÷ (A+C)
aHydrozone #/Planting Description
E.g
1.) front lawn
2.) low water use plantings
3.) medium water use planting
bIrrigation Method cIrrigation Efficiency
overhead spray 0.75 for spray head
or drip 0.81 for drip
dETWU (Annual Gallons Required) =
Eto x 0.62 x ETAF x Area
where 0.62 is a conversion
factor that converts acre-
inches per acre per year to
gallons per square foot per
year.
Average ETAF for Regular Landscape Areas must
be 0.55 or below for residential areas, and 0.45 or
below for non-residential areas.
eMAWA (Annual Gallons Allowed) = (Eto) ( 0.62) [ (ETAF x LA)
+ ((1-ETAF) x SLA)]
where 0.62 is a conversion factor that converts acre-
inches per acre per year to gallons per square foot per
year, LA is the total landscape area in square feet, SLA
is the total special landscape area in square feet,
and ETAF is .55 for residential areas and 0.45 for non-residential areas.
BAWSCA Water Efficient Landscape Ordinance
Project Information
Date:Telephone
Project Name Email
Applicant Name (print): Street Address
Title State
Company Zip
Project Owner - Declaration of Completion
Project Owner Name or Designee:
Title
Company
Property Owner Signature Date
Licensed Professional - Declaration of Installation
Signature*License
Number
Email
Address
Phone
Number
*Signer of the landscape design plan, signer of the irrigation plan, or a licensed landscape contractor.
REQUIRED ATTACHMENTS:
Print Name and Company of Landscape
Architect or Irrigation Designer
IRRIGATION SCHEDULING
Attach parameters for setting the irrigation schedule on controller as required by the ordinance.
SCHEDULE OF LANDSCAPE AND IRRIGATION MAINTENANCE
Attach schedule of Landscape and Irrigation Maintenance.
LANDSCAPE IRRIGATION AUDIT REPORT
Attach Landscape Irrigation Audit Report as required by the MWELO ordinance.
SOIL MANAGEMENT REPORT
Attach soil analysis report, if not previously submitted with the Landscape Documentation Package as required by the ordinance.
Attach documentation verifying implementation of recommendations from soil analysis report as required by the ordinance.
CERTIFICATE OF COMPLETION & INSTALLATION
I certify that I have received copies of all the documents associated with the landscape project and that it is our
responsibility to see that the project is maintained in accordance with the Landscape and Irrigation Maintenance
Schedule.
I certify that based upon periodic site observations, the work has been substantially completed in accordance with the
ordinance and that the landscape planting and irrigation installation conform with the criteria and specifications of the
approved Landscape Documentation Package.
SUBMIT UPON COMPLETION OF THE LANDSCAPE PROJECT
Appendix C
Appendix D - Prescriptive Compliance Option.
(a) This appendix contains prescriptive requirements which may be used as a compliance
option to the Model Water Efficient Landscape Ordinance.
(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 (if available, parcel and/or lot number(s))
(D) total landscape area (square feet), including a breakdown of turf and plant material
(E) project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed)
(F) 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
(G) contact information for the project applicant and property owner
(H) applicant signature and date with statement, “I agree to comply with the requirements of
the prescriptive compliance option to the MWELO”.
(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 contra-indicated 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
summer water (average WUCOLS plant factor 0.3) for 75% of the plant area excluding edibles and areas using recycled water; For non-residential 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 edibles and areas using recycled water;
(B) 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 applications 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 non-residential 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
sub-surface 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 moisture 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
pressure 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,
ASABE/ICC 802-2014. “Landscape Irrigation Sprinkler and Emitter Standard,” 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 irrigation or other means that produces no runoff or overspray.
(6) For non-residential 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.
Page | 1
Soil Management and Grading Design Survey
Project Name:
Project Location:
Project Lot Size:
Site Analysis Completed By:
Signature Date
This soil analysis and grading report form is designed to assist the applicant in reviewing existing
conditions at their project site and evaluate opportunities to maximize benefits. Respond to the
following questions, and submit a report detailing geographic features surrounding the site, topography,
vegetation and other site features as directed below.
Soil Management Survey
Laboratory soil analysis results are attached.
OR answer the following questions:
1.What is the infiltration rate in inches per hour for the site soil type?
(Instructions – in a minimum of three distinct locations dig a hole that would accommodate planting a 5-gallon plant. Fill
hole with water and let drain. Fill hole again and measure the depth of the water in the hole and record the time it takes to
infiltrate totally into the soil with no remaining standing water. Note the time of year and the level of existing soil
saturation by touch).
2.What is the primary project site soil texture? (Example – clay, loam, silt, sand, etc)
3.What is the soil color at 2 inches depth? What is the color at 6 inches? What is the color at 12
inches? (Example – black, dark or light brown, red, gold, gray, blue, etc)
4.Has the site been previously or historically contaminated with toxic materials?
Comments:
Appendix E
Page | 2
Grading Design Survey
Grading Design Plan is attached.
OR answer the following questions:
1.Does the stormwater runoff from the site discharge to (check all that apply):
Indirectly to waters of the U.S. (i.e. discharge flows overland across adjacent properties
or rights-of-way prior to discharging into water of the United States)
Storm drain system
Directly to the water of the U.S. (e.g. river, lake, creek, stream, bay, ocean, etc.)
2.Has a stormwater pollution prevention plan been prepared for this site?
Yes
No
3.Is there potential for filtering or infiltrating stormwater in the landscape areas (e.g. grassy
swales, infiltration planters, bioretention areas)?
Yes
No
4.Is there potential to store rainwater for future use?
Yes
No
5.Is the proposed site within a 100 year floodplain?
Yes
No
6.Is a creek protection plan required for this site?
Yes
No
Comments:
OUTDOOR WATER USE EFFICIENCY CHECKLIST
To Be Completed by Applicant Page 1 of 2
I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance.
Signature Date
Project Information
❑ New Construction ❑ Rehabilitated ❑ Other:
❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other:
Applicant Name (print): Contact Phone #:
Project Site Address:
Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail)
Total Landscape Area (sq.ft.):❑ ❑
Turf Irrigated Area (sq.ft.):❑ ❑
Non-Turf Irrigated Area (sq.ft.):❑ ❑
Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑
Water Feature Surface Area (sq.ft.):
Landscape Parameter Requirements Project Compliance
❑ ❑
❑ ❑
❑ ❑
All turf is planted on slopes < 25%❑ ❑
Hydrozones Plants are grouped by Hydrozones ❑ ❑
❑ ❑
Mulch ❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Water Features ❑ ❑
Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6 inches
❑ No, See Special Landscape Area and/or
Recycled Water Area
Low water using plants are installed for at least 100% of plant areaPlant Material
Turf There is no turf in parkways < 10 feet wide
❑ Yes
❑ Yes
❑ No, if adjacent to a parking strip
❑ Yes
❑ Yes
❑ Yes
❑ No, See Soil Test
❑ Yes
Irrigation System
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ No, but there is no runoff or overspray
Cover highly recommended
Use of automatic irrigation controllers that use evapotranspiration or soil
moisture sensor data and utilize a rain sensor
Irrigation controllers do not lose programming data when power source is
interrupted
Irrigation system includes pressure regulators
Manual shut-off valves are installed near the connection to the water
supply
All sprinkler heads installed in the landscape must document a distribution
uniformity low quarter of 0.65 or higher
Areas < 10 feet shall be irrigated with subsurface irrigation
NONRESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST
Recirculating
❑ Yes
❑ No, not required
❑ Yes
For all nonresidential projects, input
an aggregate value for the entire
project.
Agency Review
No turf for the landscape area
At least 3-inches of mulch on exposed soil surfaces
❑ Yes
Separate irrigation submeters for landscape areas > 1,000 sq ft ❑ YesMetering
Swimming Pools / Spas
City of Palo Alto
Development Services
Appendix F
OUTDOOR WATER USE EFFICIENCY CHECKLIST
Page 2 of 2
Landscape Parameter Requirements Project Compliance
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
To Be Completed by AgencyAuditor:
Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance
❑ Project Information ❑ Nonresidential Outdoor Water Use Efficiency Checklist
❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet
❑ Nonresidential Outdoor Water Use Efficiency Checklist ❑ Plant List
❑ Post-Installation Audit ❑ Other:
❑ Landscape Design Plan
❑ Soil Management Report
❑ Irrigation Design Plan
❑ Grading Design Plan
Date Reviewed:
❑ Follow up required (explain):
❑ Drip irrigation
Date Resubmitted:❑ Plant palate
Date Approved:❑ Grading
Dedicated Irrigation Meter Required:❑ Pool and/or spa cover
Meter sizing:❑ Dedicated irrigation meter
❑ Other:
Comments:
Selected Definitions:
ETo Reference evapotranspiration means the quantity of water evaporated from a large field of
four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration
is used as the basis of estimating water budgets so that regional differences in climate
can be accommodated.
SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water,
surface water features using recycled water and areas dedicated to active play such as
parks, sports fields, golf courses, and where turf provides a playing surface.
Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation
designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed
landscape contractor, a licensed professional engineer, or any other person authorized by the
state to design a landscape, an irrigation system, or authorized to complete a water budget,
irrigation survey or irrigation audit.
Water Feature A design element where open water performs an aesthetic or recreational function. Water
features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming
pools (where water is artificially supplied).
❑ Completed by professional
Soil Management Report (optional if < 2,500 sq ft of landscape area)
Landscape Design Plan (optional if < 2,500 sq ft of landscape area)
Irrigation Design Plan (optional if < 2,500 sq ft of landscape area)
Grading Design Plan (optional if < 2,500 sq ft of landscape area)
Post-installation audit completed
❑ Prepared by professional
❑ Prepared by professional
❑ Prepared by professional
❑ Prepared by professional
Water Efficient Landscape Worksheet (optional if < 2,500 sq ft of
landscape area)
Material Distributed to Applicant
Measures Recommended to Applicant
Documentation (per
section 492.3)
Audit
❑ Prepared by professional
Project Information ❑ Yes
City of Palo Alto
Development Services
OUTDOOR WATER USE EFFICIENCY CHECKLIST
To Be Completed by Applicant Page 1 of 2
I certify that the subject project meets the specified requirements of the Water Conservation in Landscaping Ordinance.
Signature Date
Project Information
❑ New Construction ❑ Rehabilitated ❑ Other:
❑ Single Family ❑ Multi-Family ❑ Commercial ❑ Institutional ❑ Irrigation only ❑ Industrial ❑ Other:
Applicant Name (print): Contact Phone #:
Project Site Address:
Project Area (sq.ft. or acre): # of Units: # of Meters:(Pass)(Fail)
Total Landscape Area (sq.ft.):❑ ❑
Turf Irrigated Area (sq.ft.):❑ ❑
Non-Turf Irrigated Area (sq.ft.):❑ ❑
Irrigated Special Landscape Area (SLA) (sq.ft.):❑ ❑
Water Feature Surface Area (sq.ft.):
Landscape Parameter Requirements Project Compliance
❑ ❑
❑ ❑
❑ ❑
All turf is planted on slopes < 25%❑ ❑
Hydrozones Plants are grouped by Hydrozones ❑ ❑
❑ ❑
Mulch ❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Water Features ❑ ❑
For a single-family project, or a single-
family development project, enter this
information on an average, per unit basis.
For all other projects, input an aggregate
value for the entire project.
Agency Review
< 25% of the landscape area is turf
At least 3-inches of mulch on exposed soil surfaces
Metering
Swimming Pools / Spas Cover highly recommended
❑ Yes
❑ No, not required if < 5,000 sq ft
RESIDENTIAL OUTDOOR WATER USE EFFICIENCY CHECKLIST
Recirculating
❑ Yes
❑ No, not required
❑ Yes
Areas < 10 feet shall be irrigated with subsurface
irrigation
Separate irrigation meter
❑ Yes
Irrigation System
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ Yes
❑ No, but there is no runoff or overspray
Use of automatic irrigation controllers that use
evapotranspiration or soil moisture sensor data and
utilize a rain sensor
Irrigation controllers do not lose programming data
when power source is interrupted
Irrigation system includes pressure regulators
Manual shut-off valves are installed near the connection
to the water supply
All sprinkler heads installed in the landscape must
document a distribution uniformity low quarter of 0.65
or higher
Compost At least 4 cubic yards per 1,000 sq ft to a depth of 6
inches
❑ No, See Special Landscape Area and/or
Recycled Water Area
Low water using plants are installed for at least 75% of
plant areaPlant Material
Turf There is no turf in parkways < 10 feet wide
❑ Yes
❑ Yes
❑ No, if adjacent to a parking strip
❑ Yes
❑ No, See Water Budget
❑ Yes
❑ Yes
❑ Yes
❑ No, See Soil Test
City of Palo Alto
Development Services
OUTDOOR WATER USE EFFICIENCY CHECKLIST
Page 2 of 2
Landscape Parameter Requirements Project Compliance
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
❑ ❑
Auditor:
Materials Received and Reviewed:❑ Regional Water Efficient Landscape Ordinance
❑ Project Information ❑ Residential Outdoor Water Use Efficiency Checklist
❑ Water Efficient Landscape Worksheet ❑ Water Efficient Landscape Worksheet
❑ Residential Outdoor Water Use Efficiency Checklist ❑ Plant List
❑ Post-Installation Audit ❑ Other:
❑ Landscape Design Plan
❑ Soil Management Report
❑ Irrigation Design Plan
❑ Grading Design Plan
Date Reviewed:
❑ Follow up required (explain):
❑ Drip irrigation
Date Resubmitted:❑ Plant palate
Date Approved:❑ Grading
Dedicated Irrigation Meter Required:❑ Pool and/or spa cover
Meter sizing:❑ Dedicated irrigation meter
❑ Other:
Comments:
Selected Definitions:
ETo Reference evapotranspiration means the quantity of water evaporated from a large field of
four- to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration
is used as the basis of estimating water budgets so that regional differences in climate
can be accommodated.
SLA Special Landscaped Area. Includes edible plants, areas irrigated with recycled water,
surface water features using recycled water and areas dedicated to active play such as
parks, sports fields, golf courses, and where turf provides a playing surface.
Professional Professional is a “certified professional” or “authorized professional” that is a certified irrigation
designer, a certified landscape irrigation auditor, a licensed landscape architect, a licensed
landscape contractor, a licensed professional engineer, or any other person authorized by the
state to design a landscape, an irrigation system, or authorized to complete a water budget,
irrigation survey or irrigation audit.
Water Feature A design element where open water performs an aesthetic or recreational function. Water
features include ponds, lakes, waterfalls, fountains, artificial streams, spas, and swimming
pools (where water is artificially supplied).
Material Distributed to Applicant
Measures Recommended to Applicant
Documentation (per section
492.3)
Audit
❑ Prepared by professional
Project Information ❑ Yes
❑ Completed by professional
Soil Management Report (optional if < 2,500 sq ft of
landscape area)
Landscape Design Plan (optional if < 2,500 sq ft of
landscape area)
Irrigation Design Plan (optional if < 2,500 sq ft of
landscape area)
Grading Design Plan (optional if < 2,500 sq ft of
landscape area)
Post-installation audit completed
❑ Prepared by professional
❑ Prepared by professional
❑ Prepared by professional
❑ Prepared by professional
Water Efficient Landscape Worksheet (optional if < 2,500
sq ft of landscape area)
City of Palo Alto
Development Services
1
Attachment B: Landscape Permit Estimation
The estimated number of potential landscape permits that Development Services may issue
with the new proposed landscaping permit is identified below. The estimate has been
generated based on the average annual new construction building permits issued during Fiscal
Years 2013 through 2015. The estimation is shown in Figure 1-1. The average number of
building permits issued annually for new residential and new commercial projects equals 150
permits. Staff assumes that 100% of building permits associated with new construction
submitted to Development Services contain a landscaping scope of some kind. Therefore, staff
estimates a total of 150 permits to be issued on an annual basis.
Figure 1-1: Estimated Number of Potential Landscape Permits
Building Permit Type
Average #
Permits Issued
Annually FY2013
- FY2015
Commercial Addition Remodel 10
Commercial New Building 16
Mixed Use New Res/Com 5
Res New 2 Unit 6
Res New 3 &4 Unit 1
Res New 5 or more Unit 1
Res New Single Family 112
Total Building Permits Issued with a Potential Landscape Scope* 150
Summary
Total Annual Potential Landscape Permits 150
*Non-building related and remodel permit types are excluded