Zoning 30.38 LANDSCAPING, WATER EFFICIENCY, AND STORM WATER RETENTION AND TREATMENT

ARTICLE XXXVIII. LANDSCAPING, WATER EFFICIENCY, AND STORM WATER RETENTION AND TREATMENT

30.38.10 Purpose.

The city promotes the value and benefits of landscapes while recognizing the need to use limited water resources as efficiently as possible. In compliance with applicable state standards and guidelines, and to promote the city’s goals and standards regarding sustainable development, this article establishes minimum landscape standards for all uses for enhancing the appearance of developments, reducing heat and glare, controlling soil erosion, enhancing on-site storm water management, conserving water, establishing a buffer and/or screen between residential and nonresidential land uses, and ensuring the ongoing maintenance of landscaped areas. Water conservation measures shall be addressed through landscape and irrigation design. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.20 Applicability.

(a) The provisions of this article shall apply to all of the following landscape projects installed after December 1, 2015:

(1) Projects requiring a building permit or architectural and site permit that include the addition of an aggregate landscape area of five hundred (500) square feet or more;

(2) Projects requiring a building permit or architectural and site permit that include the rehabilitation of an aggregate landscape area of two thousand five hundred (2,500) square feet or more;

(3) Existing landscaped areas shall comply with the provisions specified in section 30.38.240 (Provisions for existing landscapes);

(4) Cemeteries.

a. New and rehabilitated cemeteries shall comply with the provisions specified in sections 30.38.170 (Landscape and irrigation maintenance schedule) and 30.38.180 (Irrigation audit, irrigation survey, and irrigation water use analysis).

b. Existing cemeteries shall comply with the provisions specified in section 30.38.240 (Provisions for existing landscapes).

(b) Projects using treated or untreated graywater (see section 30.38.210) or rainwater captured on site, any parcel within the project that has less than two thousand five hundred (2,500) square feet of landscape area and meets the 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 (Prescriptive Compliance Option), Section (5) of state law.

(1) Registered local, state or federal historical sites;

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

(3) Mined-land reclamation projects that do not require a permanent irrigation system; or

(4) Existing plant collections, as part of botanical gardens and arboretums open to the public. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.30 Definitions.

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

“Arborist report” means a report prepared by an arborist certified by the International Society of Arboriculture (ISA) or equivalent organization acceptable to the community development director containing specific information on the location, condition, structure, potential impacts of development, and recommended actions and mitigation measures regarding one (1) or more trees on an individual lot or project site.

“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.

“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.

“Certificate of completion” means the document required under section 30.38.150 (Certificate of completion).

“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 U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s certified irrigation designer program.

“Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s certified landscape irrigation auditor program.

“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.

“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

“Community development director” means the City of Gilroy community development director or designee.

“Compost” means a safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

“Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

“Distribution uniformity” means a measure of the uniformity of irrigation water over a defined area.

“Drip irrigation” means any nonspray 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.

“Dripline” means the outermost edge of the tree’s canopy. When depicted on a map or plan, the dripline is the irregular shaped circle that follows the contour of the tree’s branches as seen from overhead.

“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Effective precipitation or useful rainfall (Eppt)” means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“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 (1) or two (2) years of growth.

“Established period of the plants” means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one (1) or two (2) years of growth. Native habitat mitigation areas and trees may need three (3) to five (5) years for establishment.

“Estimated total water use (ETWU)” means total water used for the landscape as described in section 30.38.100 (water efficient landscape worksheet).

“ET adjustment factor (ETAF)” means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

“Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

“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.

“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.

“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.

“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.

“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. Health and Safety Code Section 17922.12.

“Hardscaped” means any durable material (pervious and nonpervious).

“Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or nonirrigated.

“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).

“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.

“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s landscape irrigation auditor certification program or other U.S. Environmental Protection Agency “WaterSense” labeled auditing program.

“Irrigation efficiency (IE)” means 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 factors for purposes of this article are 0.75 for overhead spray devices and 0.81 for drip systems.

“Irrigation survey” means 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 irrigation water use analysis. Analysis of water use data based on meter readings and billing data.

“Landscape architect” means a person who holds a license to practice landscape architecture in the State of California Business and Professions Code, Section 5615.

“Landscape area” means all 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 nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

“Landscape contractor” means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape documentation package” means documents required under section 30.38.90 (Elements of the landscape documentation package).

“Landscape project” means the total area of landscape in a project as defined in “landscape area” for the purposes of this article, meeting requirements under section 30.38.20 (Applicability).

“Landscape water meter” means an incline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

“Lateral line” means a water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

“Local agency” means a city or county, including a charter city or charter county, that is responsible for adopting and implementing the ordinance codified in this article. The local agency is also responsible for the enforcement of this article, including, but not limited to, approval of a permit and plan check or design review of a project.

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

“Low volume irrigation” means application of irrigation water at low pressure through a system of tubing or lateral lines and low volume emitters such as drip, driplines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Low water plant use” means plant species whose demonstrated water needs 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. 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.

“Main line” means a pressurized pipeline that delivers water from the water source to the valve or outlet.

“Master shut-off valve” means automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed, water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

“Maximum applied water allowance (MAWA)” means the upper limit of annual applied water for the established landscaped area as specified in section 30.38.100 (water efficient landscape worksheet). 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)].

“Median” means the area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

“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.

“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.

“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.

“New construction” means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

“Nonresidential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

“Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

“Overhead sprinkler irrigation systems or overhead spray irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

“Overspray” means irrigation water which is delivered beyond the target area.

“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.

“Permit” means the authorizing document issued by local agencies for new construction or rehabilitated landscapes.

“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

“Plant factor or plant water use factor” means a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this article, 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 article 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).

“Planting hole” means a hole in the ground that is dug for landscaping materials such as trees or shrubs.

“Project applicant” means an individual or entity submitting a landscape documentation package required under Section 492.3 of Title 23 of the California Code of Regulations, 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.

“Public works director” means the City of Gilroy public works director or designee.

“Rain sensor or rain sensing shutoff device” means a component which automatically suspends an irrigation event when it rains.

“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.

“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.

“Recycled water, reclaimed water, or treated sewage effluent water” means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

“Reference evapotranspiration (ETo)” means the 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 (4) to seven (7) 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.

“Regional water efficient landscape ordinance” means a local ordinance adopted by two (2) 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.

“Rehabilitated landscapes” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of section 30.38.20 (Applicability), and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

“Residential landscape” means landscapes surrounding single- or multifamily homes.

“Root zone” means a specifically defined area commencing at the trunk and moving outward to form an irregularly shaped circle that follows the contour of the tree canopy and extending beyond the dripline of the tree by five (5) feet or such greater distance determined by the arborist report.

“Runoff” means water which is not absorbed by the surface to which it is applied and flows from the area to a drain, sewer, or stream. For example, runoff may result from water that is applied to landscaping at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

“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.

“Soil texture” means classification of soil based on its percentage of sand, silt, and clay.

“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.

“Sprinkler head or spray head” means a device which delivers water through a nozzle.

“Static water pressure” means pipeline or municipal water supply pressure when water is not flowing.

“Station” means area served by one (1) valve or by a set of valves that operate simultaneously.

“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.

“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

“Turf” means a groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, and buffalo grass are warm-season grasses.

“Valve” means a device used to control the flow of water in the irrigation system.

“Water conserving plant species” means plant species identified as having a very low or low plant factor.

“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 storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation.

“Watering window” means the time of day irrigation is allowed.

“WUCOLS” means Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.40 General landscape standards.

(a) General Landscape Design Standards. Landscaping shall be a positive element of the project design. The landscaping shall be designed to protect storm water quality and enhance the aesthetic quality of the development by using the following design standards:

(1) Landscaping shall be used to manage and treat storm water to the maximum extent feasible;

(2) All plant materials shall be installed in compliance with an approved landscape design plan (see section 30.38.120);

(3) Only healthy, well-formed, and vigorous plant materials may be used;

(4) Landscaping shall be located in all yard areas that are not specifically used for parking, driveways, patios, or similar purposes, unless otherwise specified in this article. Sidewalks, pedestrian walks and pathways are permitted in landscaped areas;

(5) Landscape areas shall incorporate varieties of plant textures, colors, geometries, and leaf densities. Year-round visual interest shall be introduced through an appropriate balance of evergreen/deciduous and flowering perennials. Architectural depth and character shall be incorporated through a variety of plant sizes, shapes, and heights;

(6) Dense landscaping shall be incorporated to provide a visual screen from less pleasing features of a development (i.e., around trash enclosures, carports, pool equipment, electric transformers, cable boxes, etc.); however, landscaping shall not be placed to interfere with the accessibility to and maintenance of the structures and/or equipment;

(7) Landscaping shall screen parking areas from adjacent streets;

(8) Landscaping shall be incorporated to reduce monotony of long expanses of building, fence or other structures;

(9) The density and placement of plants are to be determined by the plant size at maturity. When initially installed, groundcover shall give enough coverage for a pleasing appearance on all landscaped areas;

(10) A minimum of fifty percent (50%) of the landscape area shall consist of plant materials consistent with section 30.38.120(b), Landscape Design Requirements. Portions of the landscape area not planted shall be covered with permeable ground coverings, e.g., rock, bark, decomposed granite or similar materials;

(11) Sturdy raised curbs shall protect all landscape areas from driveways and parking areas. Cutouts in curbs may be incorporated when surrounding vegetative drainage swales, storm water retention features and/or other treatment features;

(12) Wheel stops need not be provided in parking areas where the front two (2) feet of the landscape area is planted with low groundcover to accommodate car overhang;

(13) Trees of varieties with broad canopies shall be provided to shade walkways and parking areas to temper heat from paved areas, and to screen long structure frontages;

(14) Existing on-site vegetation shall be preserved, unless determined otherwise by the community development director, to maintain on-site water quality and sediment control;

(15) New plant materials requiring permanent irrigation shall not be placed under existing oak trees;

(16) All trees shall be a minimum size of fifteen (15) gallons when initially installed;

(17) Protected trees shall be preserved and enhanced by structure site design, in compliance with subsection (d) of this section;

(18) Deep root irrigation shall be provided to prevent pavement damage where trees are planted within three (3) feet of city pavement or sidewalks. Deep root irrigation is strongly encouraged in similar situations in all private development. When required, deep root irrigation shall be installed in compliance with city standards;

(19) Roof-top runoff shall be directed to vegetated areas;

(20) Landscaping is allowed within cul-de-sacs in conformance with all other city codes;

(21) All plant materials within the city right-of-way (e.g., medians, sound walls, etc.) shall be approved by the director of public works for minimum size and species type;

(22) Green roofs are allowed in conformance to all requirements of city code;

(23) All plant materials shall be maintained in a live and healthy condition, and free of weeds. Except for owners of properties in the R1 zoning district, property owners shall be required to remove weeds and maintain the landscaping in accordance with the approved landscape plan for the life of the property.

(b) New Plant Material. New plant material shall be carefully selected to comply with the following standards:

(1) The overall compatibility of the ultimate form, size, density, and color of trees, shrubs, and groundcover at maturity;

(2) The tolerance of the plant materials to existing physical conditions, and resistance to insect pests, and disease; and

(3) The intended use (i.e., shade screening, windbreak, erosion control, storm water treatment and management, etc.) as well as the ease of maintenance.

(4) Indigenous trees and other plant materials are encouraged.

(1) In all zones, the developer or applicant shall install street trees in the public right-of-way, in compliance with city street tree standards. A properly licensed landscape contractor shall install the street tree. A street tree permit shall be obtained by the applicant and/or developer prior to issuance of the building permit.

(2) An inspection of the placement and tree type is required when a new tree is either planted or replaced.

(3) Street trees are not required in the RH (residential hillside) zone.

(4) Street trees shall be selected and installed in compliance with the following standards:

a. Street trees shall be planted in the public right-of-way in compliance with a city standard detail plan;

b. Street trees shall be a minimum of fifteen (15) gallons when initially installed. Where an existing street tree must be removed to accommodate development, a replacement tree of similar size as that removed shall be planted;

c. All street trees shall be irrigated with an automatic irrigation system;

d. The developer and/or applicant shall use the tree species as designated by the city’s master street tree planting plan (as authorized under section 26.5-1). The developer and/or applicant may request in writing a substitution of the designated tree species, subject to approval by the director of public works;

e. Spacing of trees shall be thirty (30) feet on center, unless otherwise approved by the director of public works;

f. Street trees shall be spaced at least ten (10) feet from sewer laterals and street lights, and at least five feet from water laterals, gas laterals, fire hydrants, driveway aprons, and telephone/cable/electrical junction boxes;

g. When required, the developer and/or applicant shall install street trees adjacent to sound walls and in medians;

h. Deep root irrigation shall be provided for street trees in sidewalk cutouts. When required, deep root irrigation and tree well coverings shall be installed in compliance with city standard detail plans;

i. No person shall construct or place any concrete, brick, asphalt, wood product, plastic sheeting, or other material impervious to air and water around the base of any street tree or within three (3) feet. In addition, no excess soil, mulch, or other organic/inorganic material shall be placed above a tree’s root crown within three (3) feet; and

j. Street trees planted by the developer and/or applicant shall be guaranteed to remain healthy and grow for a minimum of one (1) year. All workmanship on irrigation systems shall be guaranteed for one (1) year after final acceptance by the city.

(d) Protected Trees.

(1) The community development director shall determine if existing trees qualify as protected trees, a community of protected trees or heritage trees. Refer to section 30.38.270, Protected Tree Removal, for the definitions of “protected trees,” “a community of protected trees” or “heritage trees.”

(2) An arborist report shall be required for any application for discretionary development approval for which the project site includes existing protected trees, as defined in section 30.38.270(b). The arborist report shall include all information specified in section 30.38.270(d). The arborist report shall specify all necessary measures to ensure that protected trees identified to remain are protected throughout the construction process. The cost for preparation of the arborist report and city review of it shall be at the sole expense of the applicant. All arborist recommendations shall be listed on the final landscape plans.

(3) The arborist shall sign the final landscape plans certifying that the plan is consistent with the recommendations made in the arborist report.

(4) At least three (3) scheduled inspections shall be made by the city and/or the arborist, at the direction of the city, to ensure compliance with the recommendations of the arborist report. The inspections shall, at a minimum, include the following: (a) initial inspection prior to any construction or grading, (b) after completion of rough grading and/or trenching, and (c) completion of all work including planting and irrigation system installation. Other inspections may be conducted as required by the community development director.

(5) Unless otherwise permitted by the city, no structure, excavation, or impervious surface areas of any kind shall be constructed or installed within the root zone of any protected tree or heritage tree without mitigating special design, such as post and beam footings that bridge roots. No parking, storing vehicles equipment or other materials shall be permitted within the dripline of any protected tree without special design considerations approved by the community development director.

(6) All protected trees, community of protected trees or heritage tree(s) shall be maintained in good health by the property owner, applicant and/or developer until approved for removal by an approved protected tree removal permit or other discretionary planning department application. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.50 Residential zone landscape standards.

(a) General Residential Zone Landscape Standards. Residential development located in the R1, R2, R3, R4 zones, planned development zones and downtown specific plan zones (and excluding the RH zone) shall incorporate landscaping in all yard areas that are not specifically used for driveways, walkways, patios, or similar purposes. In the R-2, R-3, R-4 and planned development zones and specific plan areas, at least thirty-five percent (35%) of the required landscaped area shall be designed to be usable as open recreational area. Landscaping shall be used to manage and treat storm water to the maximum extent feasible.

(b) RH Residential Hillside Zone. Areas within the residential hillside zoning district are designated as the “City of Gilroy Wildland-Urban Fire Interface Area” under the city code. Residential development in the RH zone shall provide landscaping consistent with the following standards:

(1) Development in forested areas shall be carefully designed to minimize removal or damage to existing trees and to allow their continued healthy existence;

(2) New landscaping placed within fifteen (15) feet from any structure shall consist of selected vegetation with low-growing characteristics; and

(3) A landscape design plan for projects in the RH residential hillside zone shall incorporate all requirements of Chapter 10, Fire Protection, as amended. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.60 Commercial zone landscape standards.

Landscaping in commercial zones shall be designed using the following standards and shall enhance the aesthetic quality of the development by using the following requirements:

(a) All development in commercial and mixed-use zones shall provide a minimum of twenty-one (21) feet of landscaping, measured from face of curb, adjacent to public streets (public sidewalks may be permitted in the landscape area);

(b) At least eight percent (8%) of the gross total land area of the site, outside of the public right-of-way, shall be landscaped, except in the downtown specific plan zones where there are typically no front and side yard setbacks;

(c) All portions of a site over forty (40) square feet in area not specifically used for buildings, parking, driveways, walkways, or similar uses shall be landscaped;

(d) In all landscaped areas, trees shall be planted on average every twenty (20) feet on center or with a greater spacing as appropriate to maintain proper tree health as determined by a licensed landscape architect; clustering of trees may be permitted with the approval of the director of public works;

(e) Parking lot landscape islands with a minimum of fifty (50) square feet in area, and including a tree, shall be located in parking lots every twelve (12) stalls, and shall be evenly distributed throughout the parking area;

(f) All landscape areas shall be at least five (5) feet wide, except as approved by the community development director due to specific site situations where the minimum width is impractical;

(g) Parking lot landscape areas containing trees shall be a minimum of eight (8) feet wide, except as approved by the community development director due to specific site situations where the minimum width is impractical;

(h) Parking areas shall be screened from view from adjacent residential areas and streets, except at driveways and street corners where visibility is needed;

(i) Landscaping shall be used to manage and treat storm water to the maximum extent feasible;

(j) Three (3) foot high screening shall be located where necessary in commercial parking lots and drive-through uses to block headlights from shining into adjacent residential areas. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.70 Industrial zone landscape standards.

Landscaping in industrial zones shall be designed using the following standards and shall enhance the aesthetic quality of the development by using the following requirements:

(a) Landscape the front and side yard areas adjacent to streets, as required by this article, which are not specifically used for parking, driveways, walkways, loading areas, or similar paved access areas;

(b) Landscaping areas located adjacent to the street right-of-way shall be a minimum of twenty-one (21) feet wide (measured from the face of curb);

(d) All industrial zones shall provide landscape areas that are a minimum of five (5) feet in width along the entire perimeter of the site;

(e) A minimum eight (8) foot wide landscaped buffer is required adjacent to commercial or residential uses;

(f) Fences and walls shall complement the structure architecture and landscaping. Long structure expanse shall be architecturally designed or landscaped to prevent monotony;

(g) Outdoor use areas and loading areas shall be screened by landscaping and/or materials integral with the structure design;

(h) Industrial development visible from US 101 shall be screened from view with dense landscaping;

(i) Three (3) foot high screening shall be located where necessary in industrial parking lots and drive-through uses to block headlights from shining into adjacent residential areas. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.80 Landscape documentation review process.

(a) Landscape Documentation Package Required. The project developer and/or applicant shall submit a landscape documentation package, in compliance with section 30.38.90 (Elements of the landscape documentation package), to the community development director for approval.

(b) Landscape Documentation Package Submittal. The landscape documentation package shall be submitted in conjunction with the building permit for the project and shall be approved prior to issuance of the building permit.

(c) Following Completion of Installation. Following final approval of the installation of landscaping by the city, the project developer and/or applicant shall:

(1) Receive documentation of the approval in a form provided by the community development director and shall record the date of the permit in the certificate of completion;

(2) 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

(3) Submit a copy of the water efficient landscape worksheet to the local water purveyor. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.90 Elements of the landscape documentation package.

At a minimum, the landscape documentation package shall be provided in a form required by the community development director and shall include the following components, as described in this article: water efficient landscape worksheet, soil management report, landscape design plan, irrigation design plan, and grading design plan. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.100 Water efficient landscape worksheet—Completion of worksheet.

Project applicants and/or developers shall complete the water efficient landscape worksheet which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. The estimated total adjustment factor (ETAF) for a landscape project is based on the plant factors and irrigation methods selected. In calculating the maximum applied water allowance and estimated total water use, a project developer/applicant shall use the ETo values for Gilroy.

(a) Evapotranspiration (ETo). The community development director shall provide and annually update the evapotranspiration rate for the city using the rates provided by the California Irrigation Management Information System (CIMIS).

(b) Water Budget Calculations. Water budget calculations shall adhere to all of the following requirements:

(1) The plant factor used shall be from the Water Use Classification of Landscape Species (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 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.

(2) 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.

(3) All special landscape areas shall be identified and their water use calculated as shown below.

(4) ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0.

(c) Maximum Applied Water Allowance Calculation. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for nonresidential areas) and expressed as annual gallons required, exclusive of special landscape areas.

MAWA (Annual Gallons Allowed) = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)]

Residential Areas:
MAWA (Annual Gallons Allowed)	=	(ETo) (0.62) [(0.55 x LA) + ((1-0.55) x SLA)]
Nonresidential Areas:
MAWA (Annual Gallons Allowed)	=	(ETo) (0.62) [(0.45 x LA) + ((1-0.45) x SLA)]

Where:
MAWA	=	Maximum Applied Water Allowance (Annual Gallons Allowed)
ETo	=	Reference Evapotranspiration (inches per year)
0.62	=	Conversion Factor (to gallons)
0.55	=	ET Residential Adjustment Factor (ETAF)
0.45	=	ET Nonresidential Adjustment Factor (ETAF)
SLA	=	Special Landscape Area (square feet)

(d) Estimated Total Water Use Calculation. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. The sum of the ETWU shall not exceed the MAWA.

Where:
ETWU	=	Estimated Total Water Use per year (gallons)
ETo	=	Reference Evapotranspiration (inches per year)
PF	=	Plant Factor from WUCOLS
HA	=	Hydrozone Area [high, medium, and low water use areas] (square feet)
SLA	=	Special Landscape Area (square feet)
0.62	=	Conversion Factor (to gallons)
IE	=	Irrigation Efficiency 0.75 for spray head, and 0.81 for drip

(e) Effective Precipitation (EPPT). The director may consider effective precipitation (twenty-five percent (25%) of annual precipitation) in tracking water use and may use the following equation to calculate MAWA:

Residential Areas:
MAWA (Annual Gallons Allowed)	=	(ETo-EPPT) (0.62) [(0.55 x LA) + ((1-0.55) x SLA)]
Nonresidential Areas:
MAWA (Annual Gallons Allowed)	=	(ETo-EPPT) (0.62) [(0.45 x LA) + ((1-0.45) x SLA)]

(Ord. No. 2018-06, § 1, 3-19-18)

30.38.110 Soil management report.

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project developer/applicant, or his/her designee, as follows:

(a) Soil samples shall be submitted to a laboratory for analysis and recommendations.

(1) Soil sampling shall be conducted in compliance 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 one (1) in seven (7) lots or approximately fifteen percent (15%) will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to one (1) in seven (7) parcels.

(b) The project applicant and/or developer, or his/her designee, shall comply with one (1) of the following:

(1) If significant mass grading is not planned, the soil analysis report shall be submitted as part of the landscape documentation package; or

(2) If significant mass grading is planned, the soil analysis report shall be submitted as part of the certificate of completion.

(c) The soil analysis report shall be made available, in a timely manner, to the professionals preparing the water plans and irrigation design plans to make any necessary adjustments to the design plans.

(d) The project developer/applicant, or his/her designee, shall submit documentation verifying implementation of soil analysis report recommendations with the certificate of completion. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.120 Landscape design plan.

(a) Landscape Design Plan Details Required. A landscape design plan at a minimum shall be required and shall specify the items detailed below. Special design attributes may require detail drawing and/or the submittal of manufacturer’s literature.

(1) Locate and identify all landscaping planting material, including trees, shrubs, groundcover, and turf. Planting symbols shall be clearly drawn. Tree staking, installation, soil preparation details, and any other applicable planting and installation details shall be provided;

(2) Reference planting symbols, specifying botanical name, common name, container size, spacing, and quantities;

(3) Locate all existing mature trees, noting biological name, common name, and approximate trunk size, measured at four (4) feet above existing grade. Note trees to be removed, relocated on site, and/or maintained in place;

(4) Delineate and label each hydrozone by number, letter, or other method;

(5) Identify each hydrozone as low, moderate, high water, or mixed-use water. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation;

(6) Identify recreational areas;

(7) Identify areas permanently and solely dedicated to edible plants;

(8) Identify areas irrigated with recycled water;

(9) Identify type of mulch and application depth;

(10) Identify soil amendments, type, and quantity;

(11) Identify type and surface area of water features;

(12) Identify all paving and hardscapes (pervious and nonpervious);

(13) Locate and identify the height of all walls, fences, and gates;

(14) Locate and identify all outdoor amenity features, including but not limited to trellises, gazebos, play equipment, picnic tables, and benches;

(15) Locate and identify property lines, streets, street names, driveways, walkways, and other paved areas;

(16) Identify existing and proposed structures, including pad elevations, if applicable;

(17) Identify natural features including but not limited to rock outcroppings, existing trees and shrubs that will remain;

(18) Identify location, installation details, and twenty-four (24) hour retention or infiltration capacity of any applicable storm water best management practices (BMP) that encourage on-site retention and infiltration of storm water. Applicants shall refer to the city or regional water quality control board for information on any applicable storm water technical requirements. Storm water BMPs shall be incorporated into the landscape design plan to the maximum extent practicable. Examples shall include, but are not limited to:

a. Infiltration beds, swales, and basins that allow water to collect and soak into the ground;

b. Constructed wetlands and retention ponds that retain water, handle excess flow, and filter pollutants; or

c. Pervious or porous surfaces (e.g., permeable pavers or blocks, pervious or porous concrete, etc.) that minimize runoff;

(19) Identify any applicable rain harvesting or catchment technologies, and their twenty-four (24) hour retention or infiltration capacity;

(20) Contain the following statement: “I have complied with the standards of the Chapter and applied them for the efficient use of water in the landscape design plan”; and

(21) Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.

(b) Landscape Design Requirements. 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, at a minimum, shall meet the following design standards and shall be submitted as part of the landscape documentation package:

(1) Plant Material.

a. 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 may include one (1) or more of the following:

1. Protection and preservation of native species and natural vegetation;

2. Selection of water-conserving plant, tree and turf species, especially local native plants;

3. Selection of plants based on local climate suitability, disease, and pest resistance;

4. Selection of trees as specified in section 30.38.40 (General landscape standards);

5. Selection of plants from the approved city plant list.

b. Each hydrozone shall have plant materials with similar water use, except for hydrozones with plants of mixed water use.

c. Plants may be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one (1) or more of the following:

1. Plant selection shall be from the Sunset Western Climate Zone System which considers temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; or

2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., structures, sidewalks, power lines); allow for adequate soil volume for healthy root growth; or

3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

d. Turf is not allowed on slopes greater than twenty-five percent (25%) where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent (25%) means one (1) foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run times one hundred (100) equals slope percent).

e. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

f. The use of invasive plant species (i.e., those listed by the California Invasive Plant Council) is strongly discouraged.

g. 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.

(2) Water Features.

a. Recirculating water systems shall be used for all water features.

b. Where available, recycled water shall be used as a source for decorative water features.

c. Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

d. Pool and spa covers are highly recommended.

(3) Soil Preparation, Mulch and Amendments.

a. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.

b. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

c. For landscape installations, compost at a minimum rate of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a minimum depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding compost and tilling.

d. A minimum three (3) inch 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 five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan.

e. Stabilizing mulching products shall be used on all slopes that meet current engineering standards.

f. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

g. Organic mulch materials made from recycled or post-consumer processes 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. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.130 Irrigation design plan.

(a) Irrigation Design Plan Details Required. An irrigation design plan is required and shall include all of the information detailed below. It shall be separate from but use the same format and scale as the landscape design plan.

(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;

(6) The following statement: “I have complied with the standards of this Chapter 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.

(b) Irrigation Design Requirements. 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 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 standards shall be submitted as part of the landscape documentation package.

(1) System.

a. Landscape water meters shall be installed for all nonresidential irrigated landscapes of at least one thousand (1,000) square feet but not more than five thousand (5,000) square feet (the level at which Water Code Section 535 applies) and residential irrigated landscapes of five thousand (5,000) square feet or greater. A landscape water meter may be either:

1. A customer service meter dedicated to landscape use provided by the local water purveyor; or

2. A privately owned meter or submeter.

b. Automatic irrigation controllers using either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

c. 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.

1. If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices (i.e., inline pressure regulators, booster pumps), or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

2. 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 available at the design stage, the measurements shall be conducted at installation.

d. Sensors (i.e., 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 shall be prohibited during windy or freezing weather or during rain.

e. Manual shut-off valves (i.e., 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 (i.e., a main line break) or routine repair.

f. Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. Project applicants and/or developers shall refer to the applicable city code (i.e., public health) for additional backflow prevention requirements.

g. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on nonresidential landscapes and residential landscapes of five thousand (5,000) square feet or larger.

h. 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.

i. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas (i.e., adjacent property, nonirrigated areas, hardscapes, roadways, or structures).

j. Relevant information from the soil management plan (i.e., soil type and infiltration rate) shall be used when designing irrigation systems.

k. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

l. The irrigation system shall be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in section 30.38.100 (water efficient landscape worksheet) regarding the maximum applied water allowance.

m. All irrigation emission devices shall meet the requirements specified in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 Landscape Irrigation Sprinkler and Emitter Standard. All sprinkler heads installed in the landscape shall document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

n. The project applicants and/or developers shall 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.

o. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

p. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

q. Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

r. 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 turf-grass.

s. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

t. Landscape 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.

u. Overhead irrigation shall not be permitted within twenty-four (24) inches of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, dripline, or other low flow nonspray 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 by the director if:

1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or

2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

3. 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. Prevention of overspray and runoff shall be confirmed during the irrigation audit.

v. Slopes greater than twenty-five percent (25%) shall not be irrigated with an irrigation system with an application rate exceeding 0.75 inches per hour. This restriction may be modified by the director 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 shall be confirmed during the irrigation audit.

(2) Hydrozone.

a. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

b. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

c. 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.

d. Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

1. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

2. The plant factor of the higher water using plant is used for calculations.

e. Individual hydrozones that mix high and low water use plants shall not be permitted.

f. On the landscape design plan and irrigation design plan, hydrozone areas shall be 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 located on the water efficient landscape worksheet. This table can also assist with the irrigation audit and programming the controller. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.140 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 comprehensive grading plan, prepared by a civil engineer, shall be submitted as part of the landscape documentation package.

(a) Grading Design Plan Details Required. The project applicants and/or developers 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;

(4) Finish grade; and

(5) Storm water retention improvements, if applicable.

(6) The grading design plan shall contain the following statement:

I have complied with the requirements of this Chapter and applied them accordingly for the efficient use of water in the grading design plan

and shall bear the signature of a licensed professional as authorized by law.

(b) Erosion and Runoff Best Management Practices. To prevent excessive erosion and runoff, project developers/applicants shall:

(1) Grade so that all irrigation and normal rainfall remains within property lines and does not drain on to nonpermeable hardscapes;

(2) Avoid disruption of natural drainage patterns and undisturbed soil; and

(3) Avoid soil compaction in landscape areas. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.150 Certificate of completion.

Upon receipt of the permit for the landscape documentation package and completion of the landscaping and irrigation system, the applicants and/or developers shall submit a certificate of completion to the director for review and shall ensure that copies of the approved certificate of completion are submitted to the local water purveyor and property owner or his or her designee. The following details shall apply to the certificate of completion:

(a) The certificate of completion shall be on a standard form approved by the director;

(b) The certificate of completion shall be certified 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 according to the approved landscape documentation package.

(1) Where there are significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification; and

(2) A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent irrigation management purposes;

(c) The certificate of completion shall include irrigation scheduling parameters used to set the controller in compliance with section 30.38.160 (Irrigation scheduling);

(d) The certificate of completion shall include landscape and irrigation maintenance schedules in compliance with section 30.38.170 (Landscape and irrigation maintenance schedule);

(e) The certificate of completion shall include an irrigation audit report in compliance with section 30.38.180 (Irrigation audit, irrigation survey, and irrigation water use analysis); and

(f) The certificate of completion shall include a soil analysis report, if not submitted with the landscape documentation package, and documentation verifying implementation of soil report recommendations in compliance with section 30.38.110 (Soil management report). (Ord. No. 2018-06, § 1, 3-19-18)

30.38.160 Irrigation scheduling.

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to use the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following standards:

(a) Irrigation scheduling shall be regulated by automatic irrigation controllers.

(b) Overhead irrigation shall only 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 (2) shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance only.

(c) For implementation of the irrigation schedule, attention shall 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;

(7) Plant type setting;

(8) Soil type;

(9) Slope factor setting;

(10) Shade factor setting; and

(11) Irrigation uniformity or efficiency setting. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.170 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, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance only.

(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

(d) Project applicants and/or developers are encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.180 Irrigation audit, irrigation survey, and irrigation water use analysis.

(a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(b) In large projects or projects with multiple landscape installations (i.e., production home developments) an auditing rate of one (1) in seven (7) parcels or approximately fifteen percent (15%) will satisfy this requirement.

(c) For new construction and rehabilitated landscape projects installed after December 1, 2015, the following shall apply:

(1) The project applicants and/or developers shall submit an irrigation audit report with the certificate of completion, including inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

(2) The city may require an irrigation water use analysis, irrigation audits, and irrigation surveys to ensure compliance with the maximum applied water allowance. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.190 Irrigation efficiency.

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. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.200 Recycled water.

(a) The installation of water irrigation systems shall allow for the current and future use of recycled water.

(b) All recycled water irrigation systems shall be designed and operated in compliance with all applicable local and state laws.

(c) Landscapes using recycled water are considered special landscape areas. The ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.210 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 standards. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.220 Storm water management and rainwater retention.

(a) Storm water management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing storm water best management practices in the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration is required.

(b) Project applicants and/or developers shall refer to the following references for information on low impact development (LID) standards, including storm water management, operations and maintenance:

(1) Chapter 27D (Post Construction Storm Water Pollution Prevention); and

(2) South Santa Clara County Regional Stormwater Management Guidance Manual for Low Impact Development and Post-Construction Requirements Project applicants and/or developers shall refer to the city or regional water quality control board for information on any applicable storm water technical requirements.

(c) All planted landscape areas shall have friable soil to maximize water retention and infiltration in compliance with section 30.38.120 (Landscape design plan).

(d) Landscape areas shall be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e. roof and paved areas) from either: (1) twenty-four (24) hour rain event or (2) the eighty-fifth percentile, twenty-four (24) hour rain event, and/or additional capacity as required by any applicable local, regional, state and/or federal regulations.

(e) Storm water projects shall incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:

(1) Grade impervious surfaces (i.e., driveways) during construction to drain to vegetated areas.

(2) Minimize the area of impervious surfaces (i.e., 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. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.230 Public education.

(a) Publications. The city shall provide information to owners of permitted renovations and new, single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.

(b) Model Homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this article.

(1) Signs shall identify the following:

a. The model as an example of a water efficient landscape featuring elements like hydrozones, irrigation equipment, and others that contribute to the overall water efficient theme; and

b. Information about the site’s water use as designed in compliance with the local ordinances; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping like using native plants, graywater systems, and rainwater catchment systems.

(2) Developers/applicants shall provide information about designing, installing, managing, and maintaining water efficient landscapes to home buyers. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.240 Provisions for existing landscapes.

(a) This section shall apply to all existing landscape areas that were installed before December 1, 2015, and are over one (1) acre in size.

(1) For all landscape areas that have a water meter, the city 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 maximum applied water allowance for existing landscapes. The maximum applied water allowance for existing landscapes shall be calculated as: MAWA = (0.8) (ETo) (LA) (0.62).

(2) For all landscape areas that do not have a water meter, the city 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.

(b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.250 Water waste prevention.

(a) Project applicants and/or developers shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape areas due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Penalties for violating these prohibitions shall be enforced in compliance with Article LIII of this chapter (Enforcement of the Zoning Ordinance).

(b) Restrictions regarding overspray and runoff may be modified if:

(1) The landscape area is adjacent to permeable surfacing and no runoff occurs; or

(2) The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. (Ord. No. 2018-06, § 1, 3-19-18)

30.38.260 Penalties.

Noncompliance with the applicable provision of this article shall be subject to enforcement action, as provided in Article LIII of this chapter (Enforcement of the Zoning Ordinance). (Ord. No. 2018-06, § 1, 3-19-18)

30.38.270 Protected tree removal.

(a) Purpose. The city recognizes that existing and future trees and tree communities located in the city are a valuable and distinctive resource. These trees and tree communities augment the economic base of the city through encouragement of tourism and enhancement of the living environment. The removal of protected trees and diminishing of tree communities would reduce property values and the scenic beauty and attractiveness of the city to residents and visitors.

In order to protect this resource, it is the intent of this section to regulate the removal or destruction of protected trees and tree communities on private property within the city.

(b) Definitions.

(1) Community of Protected Trees. Any grouping of protected trees which are ecologically or aesthetically related to each other such that the loss of several of them would cause a protected ecological, aesthetic or environmental impact in the immediate area, as determined by a certified arborist. In subsections (d), (e), (g), and (h) of this section, the term “tree” shall refer to each and every tree in the community of protected trees that is proposed for removal.

(2) Heritage Tree. A tree of any species with a single trunk of ninety (90) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground or with multiple trunks, two (2) of which collectively measure seventy-two (72) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground.

(3) Indigenous Tree. A tree which is native to the Gilroy region, including oaks (all types), California bay (Umbellularia californica), big leaf maple (Acer macrophyllum), madrone (Arbutus menziesii), California sycamore (Platanus racemosa), California buckeye (Aesculus californica) and alder (Alnus glutinosa).

(4) Protected Tree. Any indigenous tree characterized by having a single trunk of thirty-eight (38) inches in circumference or more at a point four and one-half (4-1/2) feet above the ground. Nonindigenous tree species and orchards (including individual fruit and nut trees) are exempt from this definition for the purpose of this section.

(5) Tree. A woody perennial plant characterized by having a main stem or trunk, or a multi-stemmed trunk system with a more or less definitely formed crown, and is usually over ten (10) feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as a part of operation of a licensed nursery business.

(c) Permit Required. It is unlawful for any person to cut down, remove, poison or otherwise damage, kill or destroy or cause to be removed any of the following on any private property without first securing a permit as provided in this section:

(1) A protected tree.

(2) Greater than twenty-five percent (25%) of the trees within the outermost dripline of a community of protected trees.

(3) A heritage tree.

A separate tree removal permit shall not be required for projects which have been approved through a discretionary process by the planning division, planning commission or city council and the removal of protected trees or community of trees were reviewed to ensure compliance with all requirements of this section and authorized by that approval. Trimming, removal and other activities related to trees in the public right-of-way are regulated by Chapter 26.

(d) Application. Any person desiring to cut down, remove, destroy or cause to be removed any protected tree, community of protected trees, or heritage tree shall apply to the planning division for a tree removal permit on forms provided by the division. The application shall include information to describe and justify the removal request and a report from an arborist certified by the International Society of Aboriculture (ISA) or other equivalent organization acceptable to the planning manager. The aborist report shall include all of the following, unless otherwise approved by the planning manager:

(1) Site plan showing location of the tree (including buildings, driveways, etc.).

(2) Clear pictures of the tree indicating location, details and signs of failure or disease.

(3) Description of species of the tree.

(4) Estimated height of the tree.

(5) Circumference or diameter at breast height of the tree.

(6) Discussion of the general health of the tree.

(7) Value of the tree according to the ISA tree valuation formula.

(8) Discussion of the tree’s risk.

(9) Discussion of why the tree cannot be saved, including consideration of the following techniques:

a. Discussion of risk management pruning.

b. Discussion of installation of structural support system.

c. Discussion of improving site conditions/cultural conditions.

d. Discussion of implementing integrated pest management programs.

(10) Description of the method to be used for removal of the tree.

(11) Reason for removal of the tree.

(12) Proposed replacement tree, including species, size, location.

(e) Public Notice. The applicant shall cause a notice of the proposed removal to be posted on the affected tree and in at least two (2) conspicuous locations on the site clearly visible to and readable from public property on a form provided by the planning division. The notices shall be a minimum of eight and one-half (8-1/2) by eleven (11) inches in size. In addition, the notice shall be mailed to the owners of record of all properties which are immediately adjacent to and directly across the street from the property on which the tree is located. The notice shall include the application number, a description of the proposal, including the location of the tree to be removed, contact information for the planning division from which additional information may be obtained and the final date for receipt of comments. A minimum of ten (10) days from the date of posting shall be given for comments to be received. No action shall be taken on any application until the applicant has filed an affidavit that such posting has been accomplished and the review period has expired. Emergency situations, as described below, are not subject to this provision.

(f) Application Review and Approval. The planning division shall review the application for removal of protected tree, community of protected trees or heritage tree and shall determine on the basis of the information provided and the findings listed in subsection (g) of this section whether to approve, approve with conditions or deny the request.

(g) In order to approve an application for tree removal, the following findings must be made:

(1) At least one (1) of the following findings must be made:

a. The tree is dead, diseased or in danger of falling.

b. The tree is determined to be an immediate threat to life or property.

c. The tree is determined to be causing damage or reasonably expected to cause damage to existing buildings or interfere with utility services.

d. The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly situated properties, and the applicant has demonstrated to the satisfaction of the community development director that there are no reasonable alternatives to preserve the tree.

e. Retention of the tree would result in reduction of the permissible building envelope by more than twenty-five percent (25%); and

(2) None of the tree management techniques referenced in subsection (d) of this section are deemed feasible to save the tree.

In granting any permit pursuant to this section, the community development director may attach reasonable conditions to ensure compliance with the intent and purpose of this section including, but not limited to, planting of replacement trees, mitigation of visual impacts and control of erosion.

(h) Replacement. Any tree approved for removal under this section shall be replaced. Replacement trees shall be of the same species as the tree that was removed unless otherwise approved by the community development director. Replacement tree shall be planted on the same site as the removed tree; however, if the site is inadequate in size to accommodate the replacement tree, the replacement tree may be planted on public property with the approval of the director of public works. Alternatively, the director of public works, at his/her discretion, may accept an in-lieu payment equal to the value of the replacement trees required by Table 1, below. The in-lieu payment shall include funds sufficient for the care of the replacement trees during their establishment period as determined by the director of public works. The number and size of replacement trees shall be based on the number and size of trees approved for removal, as indicated in Table 1, below. If the tree being replaced is a tree that was required as a part of an approved landscaping plan, the replacement species must be consistent with the landscaping plan. Otherwise, the replacement tree may be of any species included on the city’s master tree planting plan.

Table 1
REPLACEMENT TREE REQUIREMENTS
Trunk Size of Removed Tree (measured at 4-1/2 feet above grade)	Replacement Ratio Required (per tree removed)
Circumference (inches)	Number of Replacement Trees	Minimum Size
38 to 75	2	24 inch box
Greater than 75	2	36 inch box
Heritage Trees	2	48 inch box

If a mitigation measure for removal of a protected tree, community of protected trees or a heritage tree contained in a certified environmental document requires greater numbers or size of replacement trees than specified in Table 1, above, that requirement shall supersede the requirements of this section.

(i) Emergency Situations. In emergency situations caused by the hazardous or dangerous condition of a tree that poses an immediate threat to the safety of life or property, the minimum necessary actions may be taken to reduce or eliminate the hazard without complying with the other provisions of this section, except that the person responsible for actions taken to reduce the hazard or to remove the tree shall report such action to the community development department within five (5) working days of that action. Photographs thoroughly documenting the hazardous or dangerous condition of the tree shall be taken prior to any action to reduce the immediate threat. A tree removal permit, as specified in this section, shall be submitted prior to removal of the tree. The required arborist report shall document the conditions that warrant removal of the tree, including the photographs referenced above.

(j) Appeal. Anyone so desiring may appeal the decision of the community development director by written request to the planning commission and payment of the appeal fee within twenty (20) days after the date of the decision of the community development director.

(k) Enforcement—Remedies for Violation. In addition to all other civil remedies set forth in this Code or otherwise provided by law, the following remedies shall be available to the city for violation of this section:

(1) Administrative Penalties. Whenever an enforcement officer charged with the enforcement of this Code determines that a violation of this section has occurred, the enforcement officer shall have the authority to issue an administrative citation to any person, firm, or corporation responsible for causing, committing, allowing, or maintaining the violation, pursuant to Chapter 6A, and in accordance with the notice requirements and hearing procedure contained therein. The administrative citation shall impose a penalty in an amount set forth in the schedule of penalties established by resolution of the city council.

(2) Civil Penalties. As part of a civil action brought by the city, a court may assess against any person who causes, commits, allows, or maintains a violation of any provision of this section a civil penalty in an amount not to exceed five thousand dollars ($5,000) per violation.

(3) Injunctive Relief. Any violation of this section shall constitute a public nuisance, and a civil action may be commenced to abate, enjoin, or otherwise compel the cessation of such violation. Summary abatement of any violation of this section shall be at the expense of the person, firm, or corporation causing, committing, allowing, or maintaining the violation. The city may make the expense of abatement a lien against the property on which it is maintained and a personal obligation against the property owner.

(4) Costs. To the extent the city prosecutes a violation of this section through a nuisance abatement action, the prevailing party shall be entitled to reasonable attorneys’ fees, and the city if it prevails shall be entitled to all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in abating the violation and/or in prosecuting the action. In all other civil actions brought pursuant to this section in which the city prevails, the court shall award to the city reasonable attorneys’ fees. (Ord. No. 2018-15, § 1, 11-5-18)