HomeMy WebLinkAboutSeptember 10OSC Final_Minutes15-0910.docx 1
Los Altos Hills Open Space Committee
Los Altos Hills Parks and Recreation Building
FINAL Minutes of Regular Meeting September 10, 2015
Members Present: George Clifford, Nancy Couperus, Karen Lemes, Alice Sakamoto, Roger Spreen,
Wendie Ward, Sue Welch
Members Absent: Sharen Schoendorf, Jean Struthers, Kit Gordon (Associate Member)
City Council Members Present: Gary Waldeck (OSC Council Liaison) and John Harpootlian
Town Staff Present: Suzanne Avila, Planning Director, and Steve Padovan, Consulting Planner
Member of Public Present: Mike Grady (Saddle Mountain Road)
Kjell Karlsson (10:15 am; Traffic Safety Committee)
1. Call to Order and Approval of Minutes
A. Roll Call. RS called meeting to order at 9:00 am. The agenda was approved as amended to
move Item 3A to the top. NC moved, KL seconded and the vote was unanimously in favor.
B. Acceptance of Meeting Minutes. Minutes of the August 18, 2015 Special Meeting were
approved with minor amendments. (NC moved; KL seconded; GC, NC, KL, AS, RS voted in
favor; SW abstained.)
2. Continuing Business
A. Byrne Preserve
i) Open Space Stewardship/Acterra. Acterra is continuing to lead volunteer groups to remove
invasive weeds from Town preserves. They accomplished major goals by removing all
mature teasel plants from Byrne Preserve and all stinkwort from O’Keefe Preserve. Byrne
Brigade workdays are now on Mondays (9:00-11:30 am). Acterra provided their records
and photos from last year to be consolidated by OSC into a form for reporting progress to
Council and staff.
ii) Conservation Grazing Management. OSC is re-scheduling the site visit and assessment of
Byrne Preserve grassland from Larry Ford (Rangeland Conservation Sciences).
iii) Creek Erosion: SCVWD Grant. On August 10, 2015, Acterra submitted a grant to SCVWD
for restoration of the Moody Creek tributary in the Byrne grassland. Planning
Commissioner, Susan Mandle Mandel reviewed the grant application and sent a letter of
support. Several OSC members also commented on it and OSC sent a letter of support.
iv) SOD Prevention and Bay Removal. Public Works Director, Richard Chiu requested
recommendations from OSC for preventive strategies for oaks in Byrne Preserve. OSC
discussed Bay removal and AgriFos spraying at earlier meetings, as well s the limited data
on which to base a treatment decision. UC Berkeley SOD researcher Matteo Garbelotto will
present results of the 2015 SOD BLITZ and updated treatment recommendations at a
seminar on Sept 24, 2015 (7 pm Portola Valley Town Hall).
NC moved that OSC delineate a set of Bays to clear from around major oaks as part of a
balanced approach to SOD prevention. The OC will wait for an update from the Sept 24
seminar from Matteo Garbelotto on best management practices before taking action. AS
seconded and the vote was 6 in favor (NC, KL, AS, RS, WW, SW) with GC abstaining. RS
and SW will meet with Richard Chiu today and pass on the recommendation to wait for
info from UC Berkeley SOD researcher Matteo Garbelotto.
v) Limiting Biking in Byrne Preserve. At the Monday August 24, 2015 meeting of the
Pathways Committee, Chair RS presented the OSC proposal to limit mountain bikes on
trails within Byrne Open Space Preserve, except on the fire road connecting Central Drive
to Moody Court. After lengthy discussion, the PWC consensus was that bikes should also
be allowed on the section of the Artemis Ginzton trail from Moody Road to Moody Court.
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OSC discussed the PWC suggestion and the consensus was to leave the OSC proposal as it
stands.
B. Creek Signage. The first sign has been installed along Deer Creek at Purissima Road near
Rhoda.
C. Our Town articles. Deferred.
D. Creek Setback Staking. Deferred.
E. Wildlife Seminar on Snakes. Deferred until spring.
4. New Business
A. Water Efficient Landscape Ordinance. Council Members Harpootlian and Waldeck and
planning staff, Suzanne Avila and Steve Padovan presented an update on the Town’s efforts to
address the state mandate for a new water efficient landscape ordinance. A draft of the Town’s
proposed ordinance and a PowerPoint presentation summarizing the state Model Ordinance and
the Town’s proposed ordinance were distributed (Attachments A and B). Discussion covered
key requirements of the state mandate, timelines, and differences between the existing and the
new LAH ordinance. Personal (indoor) water use allowance is a generous 10 units (7,500
gallons) per month. OSC was asked to provide feedback to the subcommittee. OSC discussed
whether or not open space and conservation easement area (which is generally not irrigated)
should be removed from the formula to calculate allowable water usage. Because this
effectively reduces the allocation for the parcel, it might be a disincentive for open space and
conservation easements. Vineyards that are allowed in some OSEs are an exception and could
be covered under the agriculture water allowance. OSC suggested that the subcommittee
review how other towns with large lots (e.g., Hillsborough, Woodside) plan to address the
mandate. Council will approve the ordinance in November or December to meet the state sate
deadline for submitting an alternative to the state Model Ordinance.
B. Town Study Session on Small lots on 9/15/15. OSC discussed whether to make comments or
recommendations at this session. SW noted that substandard lots with creeks often request a
“variance” that allows a smaller setback from the creek than would be required on standard one
acre lots. No action was taken.
3. Planning
A. Fence Permits. Not reviewed.
B. Site Plan Reviews. OSC reviewed the following plans.
i) 24874 Olive Tree Lane. Development plans show a small open space easement over the
steep slope at the back tip of the parcel (Attachment C). The CE was dedicated by CR-33-
14 in 2014. Chair RS will convey to the Planning Department the OSC recommendation
that this easement be retained.
ii) 25769 Elena Road. Council Resolution 86-05 shows that a conservation easement 25 feet
from top of bank was dedicated over the northern border of the parcel along Purissima
Creek (Attachment D). This was also required as a condition of development in Nov 2003.
Current development plans show fencing within this easement. WW moved that the Town
require the developers of 25769 Elena Road to move the existing fence out of the
conservation easement and to show this easement on development plans. SW seconded and
the vote was unanimously in favor.
5. Communications from the Floor.
A. Invasive Plant Infestations Near Saddle Mountain Drive. Mike Grady, Saddle Mountain
resident, reported on the large infestations of yellow star thistle and stinkwort in this area. He
has spent many hours removing these plants and is requesting action from the Town. He
suggested it would be more efficient if the Town crew spent time removing the weeds rather
than mowing them multiple times during the summer. OSC discussed the increasing problems
with invasives in LAH and how best to manage them given the workload of the Town crew.
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The OSC will review how other Towns (e.g., Portola Valley) address control of invasive weeds
given their small staff. The OSC thanked Mr. Grady for his interest and for his commitment to
this important issue.
6. Open Discussion.
7. Adjournment
The meeting was adjourned at 10:45 am.
Next Regular Meeting: Thursday, October 8, 2015
9:00 AM at LAH Parks and Recreation Building
Attachment A: Model Water Efficient Landscape Ordinance (July 9, 2015 Draft to CA Water
Commission)
Attachment B: Water Efficient Landscape Ordinance (PPT)
Attachment C: Council Resolution 33-14 showing open space easement on 24874 Olive Tree Lane
Attachment D: Council Resolution 86-05 showing conservation easement on 25769 Elena Road
Final minutes approved as amended (in red text) at the regular Open Space Committee meeting of
October 8, 2015.
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Strikeout = Text deleted from the current WELO ordinance
Red Text = Modified text to address new state regulations and Town standards
Article 8. Landscaping
10-2.809 Water efficient landscaping.
(a) Applicability. The provisions of this article shall apply to the following:
(1) All new and rehabilitated landscapes with irrigated landscape areas equal to or
greater than five thousand (5,000) square feet associated with site development
applications for new single family residences; New development projects with an
aggregate irrigated landscape area equal to or greater than 500 square feet requiring
a building or site development permit; and
(2) Major additions requiring a landscape permit; and Rehabilitated landscape projects
with an aggregated irrigated landscape area equal to or greater than 2,500 square
feet requiring a building or site development permit.
(3) Any other proposed projects that would require Planning Commission review under
this chapter. For projects using treated or untreated graywater or rainwater
captured on-site, any parcel with an aggregated irrigated landscape area of 2,500
square feet or less and meets the parcel’s landscape water requirement (Estimated
Total Water Use) entirely with graywater or rainwater captured on-site shall only be
subject to the Water Efficient Landscape Worksheet (Appendix D).
This ordinance shall not apply to:
(1) Registered local, State or Federal historical sites where landscaping establishes an
historical landscape style, as determined by any applicable public board or
commission responsible for architectural review or historic preservation;
(2) Ecological restoration or mined-land reclamation projects that do not require a
permanent irrigation system; or
(3) Community gardens or plant collections, as part of botanical gardens and
arboretums open to the public.
(b) Definitions. The following definitions are established for the purpose of this article and the
meaning and construction of words and phrases is as follows:
Applied water means the water supplied by the irrigation system to the landscape.
Automatic irrigation controller means a timing device used to remotely control valves
that operate an irrigation system. Automatic irrigation controllers 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.
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Certified professional means a certified irrigation designer, certified landscape irrigation
auditor, licensed landscape architect, licensed landscape contractor, 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.
Compost means the safe and stable product of controlled biological decomposition of
organic materials that is beneficial to plant growth.
Distribution uniformity means the measure of the uniformity of irrigation water over a
defined area.
Ecological restoration project means a project where the site is intentionally altered to
establish a defined, indigenous, historic ecosystem.
Established landscape means the point at which plants in the landscape area have
developed significant root growth into the soil. Typically, most plants are established after
one or two years of growth.
Estimated Total Water Use (ETWU) means the total water used for the landscape as
described in subsection (d)(2) of this section, “Landscape Water Use Calculation.”
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. 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.
Evapotranspiration (ET) rate means the quantity of water evaporated from adjacent soil
and other surfaces and transpired by plants during a specified time.
Flow sensor means an inline device installed at the supply point of the irrigation system
that produces a repeatable signal proportional to the rate at which water flows through the
pipes. Flow sensors must be connected to an automatic irrigation controller, or flow
monitor capable of receiving flow signals and operating master valves. The flow sensor
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
residences 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,
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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.
Hydrozone means a portion of the landscaped area having plants with similar water
needs and rooting depth. A hydrozone may be irrigated or non-irrigated.
Invasive plant species means species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
“Noxious weeds” means any weed designated by the Weed Control Regulations in the
Weed Control Act and identified on a Regional District noxious weed control list. 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 professional. 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 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 minimum average irrigation efficiency for purposes of this ordinance are
0.75 for overhead spray devices and 0.81 for drip systems article is seventy (70) percent.
Greater irrigation efficiency can be expected from well-designed and maintained systems.
Irrigation survey means an evaluation of an irrigation system that is less detailed than an
irrigation audit and includes, but is not limited to: inspection, system test, and written
recommendations to improve performance of the irrigation system.
Landscape area (LA) means all the irrigated planting areas, turf areas and water features
in a landscape design plan subject to the Maximum Applied Water Allowance calculation.
Landscape project means the total area comprising the proposed irrigated landscape
area, as defined in this article.
Landscape water meter means an inline device installed at the irrigation supply point that
measures the flow of the water into the irrigation system and is connected to a totalizer to
record water use.
Local water purveyor means any entity, including a public agency, city, county, district or
private water company that provides retail water service.
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Red Text = Modified text to address new state regulations and Town standards
Master shut-off valve is an automatic valve installed at the irrigation supply point which
controls water flow into the irrigation system.
Maximum Applied Water Allowance (MAWA) means the upper limit of annual applied
water for the established landscape area as specified in subsection (e). It is based upon
the area’s reference evapotranspiration, the ETAF, and the size of the landscape area.
The Estimated Total Water Use shall not exceed the MAWA. 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) [(ETAFxLA) + ((1-ETAF) x SLA)]
New construction means the construction of a new building or structure containing a
landscape or other new land improvement, such as a park, playground, or greenbelt
without an associated building.
Non-residential landscape means landscapes in commercial, institutional, and public
settings that may have areas designated for recreation or public assembly.
Overspray means the irrigation water which is delivered beyond the target area.
Parcel water budget (PWB) means the upper limit of annual applied water purchased
from the local water purveyor for the parcel as specified in subsection (d)(1) of this section,
“Parcel Water Budget.”
Permit means an authorizing document issued by local agencies for the installation of new
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 is a factor, when multiplied by ETo, estimates the
amount of water needed by plants. 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.
Project applicant means the individual or entity requesting a permit or plan check from
the Town. A project applicant may be the property owner or designee.
Rain sensor or rain sensing shutoff valve means a component which automatically
suspends an irrigation event when it rains.
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,
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month or year and is an estimate of the evapotranspiration of a large field of four to seven
inch tall, cool season grass that is well watered.
Rehabilitated landscape means any re-landscaping project that requires a building or
site development permit.
Runoff means water which is not absorbed by the soil or landscape to which it is applied
and flows from the irrigated landscape area.
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.
Special landscape area (SLA) means an area of the landscape dedicated solely to edible
plants, recreation areas, areas irrigated with recycled water, or water features using
recycled water and public facilities dedicated to active play such as parks, sports fields,
golf courses, and where turf provides a playing surface.
Submeter means a metering device to measure water applied to the landscape that is
installed after the primary utility meter.
Turf means a ground cover 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.
Water conserving plant species means a 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 are included in the high water use hydrozone of the landscape area.
Constructed wetlands that are not irrigated and stormwater retention basins are not water
features.
WUCOLS means the Water Use Classification of Landscape Species published by the
University of California Cooperative Extension and the Department of Water Resources
and the Bureau of Reclamation, 200014.
(c) Landscape Plan Submittal Requirements. All landscape plan submittals shall include
the following:
1) Complete project application which includes the owner/applicant name, site address,
total landscape area and turf area (square feet), retail water purveyor, and project
contacts;
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2) Water Efficient Landscape Worksheet which includes water budget calculations for
MAWA and ETSU
3) Soil management report
4) Landscape design plan
5) Irrigation design plan
6) Grading plan
(d) Water Efficient Landscape Worksheet. A project applicant shall complete the Water
Efficient Landscape Worksheet which contains information on the plant factor, irrigation
method, irrigation efficiency, and area associated with each hydrozone. Calculations are
then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape
project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential
areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based
on the plant factors and irrigation methods selected. The Maximum Applied Water
Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas
and 0.45 for non-residential areas) and expressed as annual gallons required. The
Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation
method selected for the landscape design. ETWU must be below the MAWA.
In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a
project applicant shall use the ETo values from the Reference Evapotranspiration Table in
Appendix A. 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 Evapotranspiration Zones Map, Department of Water Resources, 1999.
Standards for Compliance.
Projects subject to this section shall be required to submit the following documentation:
1) Parcel Water Budget.
The project applicant shall submit a parcel water budget (PWB) for the site using the
following equation:
PWB = [(1.0-slope) (0.650.8) (43.0) (0.62) [0.550.7 x (An-MDA-OSC) + (0.450.3 x SLA)] / 748] + 120
Where:
PWB = Parcel water budget (units per year)
Slope = Average slope of the parcel or lot as a percentage of 1.0 to the nearest
hundredth
0.65.8 = Water conservation factor
43.0 = Reference evapotranspiration (ETo) in Los Altos Hills, in inches/year
0.62 = Conversion factor (to gallons)
0.55.7 = ET adjustment factor (ETAF)
An = Net lot area (square feet)
MDA = Maximum development area. The maximum development area (in square feet)
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allowed for the property.
OSC = Open space/conservation easements (square feet)
0.45.3 = Additional water allowance for SLA
SLA = Special landscape area (square feet)
748 = Number of gallons in a unit (100 cubic feet) of water
120 = Number of units for indoor water use per property per year, or as may be
modified by the Planning Director upon a demonstration of difficulty or
unnecessary hardship pursuant to subsection (f). Note: Not applicable if a
landscape/outdoor use meter is installed.
Example PWB calculation: 1-acre (43,560 sq. ft.) lot with 14% slope and 12,339 sq. ft. of MDA
and no special landscape area, conservation or open space easements:
PWB = [(1.0-0.14) x 0.650.8 x 43 x 0.62 x [0.550.7 x (43,560-12,339) + (0.450.3 x 0)] / 748]
+120 = 462 656 units/yr
2) Landscape Water Use Calculation.
The project applicant shall submit a water budget calculation for how much water the
landscape project will need to purchase from its water purveyor. The landscape
water use calculation shall be prepared by, and bear the signature of, a licensed
landscape architect, licensed landscape contractor, or any other person authorized
by the State of California to design landscape and irrigation plans. Water budget
calculations 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
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 (including turf).
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 shall be identified and their water use included in
the water budget calculations.
d) ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not
exceed 1.0.
d. Irrigation system efficiency shall be greater than or equal to seventy (70) percent.
e. Estimated total water use (ETWU) will be calculated using the following equation.
The sum of the ETWU calculated for all hydrozones shall not exceed the parcel
water budget.
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Where:
ETWU = Estimated total water use per year (units per year)
43.0 = Reference evapotranspiration in Los Altos Hills, in inches per year
0.62 = Conversion factor (to gallons)
PF = Plant factor from the Water Use Classification of Landscape Species
HA = Hydrozone area [high, medium, and low water use areas] (square feet)
SLA = Special landscape area (square feet)
IE = Irrigation efficiency (minimum 0.70)
748 = Number of gallons in a unit (100 cubic feet) of water
120 = Number of units for indoor water use per property per year, or as may be
modified by the Planning Director upon a demonstration of difficulty or
unnecessary hardship pursuant to subsection (f). Note: Not applicable if a
landscape/outdoor use meter is installed.
Example ETWU calculation: 1 acre of land, no special landscape area, 3000 sq. ft. of turf
(PF=0.7), 19,560 sq. ft. of low water use plants (PF=0.3):
ETWU = 43*0.62 * ((0.7*3000 / 0.7) + (0.3*19560 / 0.7))/748 = 370 units/year
(e) Soil Management Report. A soil management report shall be completed by the project
applicant, or his/her designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations.
The soil analysis shall include:
• soil texture;
• infiltration rate determined by laboratory test or soil texture infiltration rate
table;
• pH;
• total soluble salts;
• sodium;
• percent organic matter; and
• recommendations
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.
(2) The project applicant, or his/her designee, shall submit the report to the Planning and
Building Department as part of the Landscape Plan Submittal Package.
(3) 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.
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(4) 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.
(f) Landscape Design, Soil Preparation and Mulching Criteria. For the efficient use of
water, the proposed landscaping shall be carefully designed and planned for the intended
function of the project. Plants should be selected where the ETWU in the landscape area
does not exceed the site’s MAWA.
Plants
In order to achieve water efficiency, landscape design plans shall incorporate one or more
of the following criteria:
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 based on applicable local tree ordinances or tree shading
guidelines, and size at maturity as appropriate for the planting area;
5) Selection of plants from local and regional landscape program plant lists; and
6) Selection of plants from local Fuel Modification Plan Guidelines;
In addition, each hydrozone shall have plant materials with similar water use, with the
exception of hydrozones with plants of mixed water use. Plants shall also be selected and
planted appropriately based upon their adaptability to the climatic, geologic, and
topographical conditions of the project site, and shall address fire safety and prevention.
Invasive species are not permitted.
Turf is not allowed on slopes greater than 25%, where the toe of the slope is adjacent to
an impermeable hardscape.
High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street
medians.
Water Features
The following criteria shall be used when evaluating water features in a design plan:
1) Recirculating water systems shall be required;
2) Where available, recycled water shall be used as a source for decorative water
features;
3) The 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 highly recommended.
Soil Preparation, Mulch and Amendments
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The following criteria shall be used in the preparation of on-site soils and for mulching
procedures:
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;
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.
(g) Landscape and Irrigation Plan Requirements. The landscape and irrigation plans shall
be prepared by, and bear the signature of, a licensed landscape architect, licensed
landscape contractor, or any other person authorized by the State of California to design a
landscape and irrigation plan. Native species and natural vegetation shall be preserved
where feasible and native, water conserving species are recommended.
At a minimum, the plans shall include the following information:
1) Provide basic project information, such as applicant name, site address, total
landscape area and turf area (square feet);
2) Identify, in tabular form, all plants to be installed as part of the project. The table shall
include the following:
i. Symbol (representing the plant on the plan);
ii. Common name and botanical name;
iii. Container size;
iv. Quantity;
v. Type (e.g., grass, succulent, vine, shrub, tree);
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vi. Size at maturity.
The plant list shall exclude plant types that increase wildfire susceptibility. In
areas designated wildland urban interface, the plan shall demonstrate that
plants have been selected from local Fuel Modification Plan Guidelines and
arranged to provide defensible space for wildfire protection, in conformance
with Public Resources Code Section 4291;
3) Label and identify each hydrozone as low water, moderate water, high water, or
mixed (low/moderate) water use, as defined by WUCOLS and place plants with
similar water use within the same hydrozone;
4) Identify recreation areas and Special Landscape Areas;
5) Identify all landscaping required for screening and erosion control pursuant to
Section 10-2.802;
6) Identify areas irrigated with recycled water;
7) Identify the type of mulch, application depth, and soil amendments
8) Identify all water features (and surface area), hardscape, and stormwater infiltration
and detention facilities;
9) Identify all applicable rainwater harvesting or catchment facilities;
10) Identify all applicable graywater discharge piping, system components and area(s) of
distribution;
11) Include the following statement, “I have complied with the criteria of the Water
Efficiency Landscape Ordinance and applied them for the efficient use of water in the
landscape design plan;
(h) Irrigation Design Criteria. An irrigation system shall meet the requirements listed in this
section and the manufacturer’s recommendations. The design criteria for the irrigation
plans shall be as follows:
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. and for residential irrigated landscapes of
5,000 sq. ft. or greater. A landscape water meter may be either:
a) a customer service meter dedicated to landscape use provided by the local
water purveyor; 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.
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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 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 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 492.4 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 (ASABE/ICC) 802-2014
“Landscape Irrigation Sprinkler and Emitter Standard, All sprinkler heads installed in
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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
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 492.7 (a)(1)(IH). 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
precipitation 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.
Hydrozone
23) Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil
conditions, and plant materials with similar water use.
24) Sprinkler heads and other emission devices shall be selected based on what is
appropriate for the plant type within that hydrozone.
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25) 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.
26) 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.
27) Individual hydrozones that mix high and low water use plants shall not be permitted.
28) 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.
(i) Irrigation Plan Requirements. Irrigation plans shall be included with the landscape plan
submittal and shall be prepared by, and bear the signature of, a licensed landscape
architect, licensed landscape contractor, or any other person authorized by the State of
California to design an irrigation plan.
At a minimum, the plans shall include the following information:
1) Location and size of separate water meters for landscaping;
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 on the plans sheet: “I have complied with the criteria of the
Water Efficient Landscaping Ordinance and applied them accordingly for the efficient
use of water in the irrigation design plan.”
The following statement noting estimated annual water cost on the plans cover sheet: “Based
on current rates, the estimated annual water bill for this plan will be $_________.”
(j) Grading Design Plan. A Grading Plan, meeting the current Town requirements, shall be
submitted with each landscape project.
(k) Certificate of Completion. The certification documentation shall be prepared by the
project landscape architect, irrigation designer, or landscape contractor and include the
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following statement: “The landscape and irrigation system has been installed as specified
in the landscape design plan and complies with the criteria of the Water Efficient
Landscape Ordinance and the permit.” Receipt of the certification documentation will begin
the twenty-four (24) month period described in subsection (f) of this section.
The Certificate of Completion shall include the following six (6) elements:
1) Project information sheet that contains: date, project name and address,
applicant’s name, telephone number and address, owner’s 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;
4) Landscape and irrigation maintenance schedule;
5) Irrigation audit report; and
6) soil analysis report, if not submitted with Landscape Documentation Package,
and documentation verifying implementation of soil report recommendations.
The project applicant shall submit the signed Certificate of Completion to the local agency
for review and ensure that copies of the approved Certificate of Completion are submitted
to the local water purveyor and property owner or his or her designee.
Upon receipt of the signed Certificate of Completion from the project applicant the Town
shall 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.
(l) Irrigation Scheduling. 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:
1) Irrigation scheduling shall be regulated by automatic irrigation controllers.
2) 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.
3) 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
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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.
4) Parameters used to set the automatic controller shall be developed and submitted for
each of the following:
a) the plant establishment period;
b) the established landscape; and
c) temporarily irrigated areas.
5) Each irrigation schedule shall consider for each station all of the following that apply:
a) irrigation interval (days between irrigation);
b) irrigation run times (hours or minutes per irrigation event to avoid runoff);
c) number of cycle starts required for each irrigation event to avoid runoff;
d) amount of applied water scheduled to be applied on a monthly basis;
e) application rate setting;
f) root depth setting;
g) plant type setting;
h) soil type;
i) slope factor setting;
j) shade factor setting; and
k) irrigation uniformity or efficiency setting.
(m) Landscape and Irrigation Maintenance Schedule. A regular maintenance schedule
shall be submitted with the Certificate of Completion and shall include, but not be limited
to:
1) 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
and obstructions to emission devices. Operation of the irrigation system outside the
normal watering window is allowed for auditing and system maintenance.
2) Repair of all irrigation equipment shall be done with the originally installed
components or their equivalents or with components with greater efficiency.
3) A project applicant is encouraged to implement established landscape industry
sustainable Best Practices for all landscape maintenance activities.
(n) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. All landscape
irrigation audits shall be conducted by a local agency landscape irrigation auditor or a third
party certified landscape irrigation auditor. Landscape audits shall not be conducted by the
person who designed the landscape or installed the landscape
In large projects or projects with multiple landscape installations (i.e. production home
developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this
requirement.
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For new construction and rehabilitated landscape projects installed after December 1,
2015:
1) the project applicant shall submit an irrigation audit report with the Certificate of
Completion to the local agency that may include, but is not limited to: inspection,
system tune-up, system test with 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 local agency shall administer programs that may include, but not be limited to,
irrigation water use analysis, irrigation audits, and irrigation surveys for compliance
with the Maximum Applied Water Allowance.
(o) 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.
(p) 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.
(q) 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 § 490.1 (d) 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.
(r) Stormwater Management, Well Water and Rainwater Retention. Implementing
stormwater best management practices into the landscape and grading design plans to
minimize runoff and to increase on-site rainwater retention and infiltration is encouraged.
Well water and retained water does not count toward the MAWA parcel water budget
defined in subsection (b).
(s) Public Education.
1) The Town shall provide information to all planning and building department
applicants regarding the design, installation, management, and maintenance of water
efficient landscapes.
2) Starting on January 1, 2012, the Town may, in conjunction with water purveyors,
develop and administer a voluntary program to audit water usage for existing
landscapes. (§ 1, Ord. 520, eff. October 16, 2010)
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(t) Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis. This section
shall apply to all existing landscapes that were installed before December 1, 2015 and are
over one acre in size.
1) For all 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 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 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 shall be conducted by a certified landscape irrigation
auditor.
(u) Water Waste Prevention. Local agencies shall prevent water waste resulting from
inefficient landscape irrigation by prohibiting runoff from leaving 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.
Penalties for violation of these prohibitions shall be established locally.
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 non-permeable surfaces are designed and constructed to drain
entirely to landscaping.
(v) Effective Precipitation. A local agency may consider Effective Precipitation (25% of
annual precipitation) in tracking water use and may use the following equation to calculate
Maximum Applied Water Allowance:
MAWA= (ETo - Eppt) (0.62) [(0. 70.55 x LA) + (0.30.45 x SLA)] for residential areas.
MAWA= (ETo - Eppt) (0.62) [(0.45 x LA) + (0.55 x SLA)] for non-residential areas.
(w) Reporting. The Planning Department shall report to the Department of Water Resources
by December 31, 2015 and then report annually by January 31st of each subsequent year.
The report shall address the following:
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1) State whether the Town is adopting a single agency ordinance or a regional agency
alliance ordinance, and the date of adoption or anticipated date of adoption;
2) State if using a locally modified Water Efficient Landscape Ordinance (WELO) or the
MWELO. If using a locally modified WELO, how is it different than MWELO, is it at
least as efficient as MWELO, and are there any exemptions specified;
3) State the entity responsible for implementing the ordinance.State number and types
of projects subject to the ordinance during the specified reporting period;
4) State the total area (in square feet or acres) subject to the ordinance over the
reporting period, if available;
5) Provide the number of new housing starts, new commercial projects, and landscape
retrofits during the reporting period;
6) Describe the procedure for review of projects subject to the ordinance;
7) Describe actions taken to verify compliance;
8) Describe enforcement measures;
9) Explain challenges to implementing and enforcing the ordinance; and
10) Describe educational and other needs to properly apply the ordinance.
(x) Deed Restriction. As a condition of approval for site development, a deed restriction shall
be recorded establishing the (PWB) for the subject property and requiring the property
owner to submit written verification of compliance with the PWB annually.
(y) Penalties. Any responsible party violating any of the provisions or failing to comply with
any of the mandatory requirements of the Water Efficiency Landscape Ordinance, other
than administrative provisions thereof, shall be subject to a penalty of up to ten (10) times
the applicable permit fee.
(z) Exceptions. The Planning Director shall have the discretion to grant exceptions to the one
hundred twenty (120) unit allocation for yearly indoor water use in cases where, due to
exceptional conditions involved, a literal enforcement of the provisions of this chapter
would result in practical difficulties or unnecessary hardships; provided, however, no such
exceptions shall be granted unless the Planning Director shall find that the granting of
such exception will not be contrary to the intent of the provisions of this chapter.
(aa) Deposit Required—Forfeiture of Deposit. Anyone who is subject to the requirements of
this article shall submit a deposit or other security deemed satisfactory by the Planning
Director. Two (2) years after the certificate of completion is filed with the Town for any
landscaping project subject to the provisions herein, the property owner shall furnish to the
Town the second year (months thirteen (13) through twenty-four (24) following receipt of
the certificate of completion) of water use and billing data from the subject property’s water
purveyor. If the site water usage exceeds the calculated PWB, the deposit shall be held for
an additional twelve (12) months. At the end of the additional twelve (12) month period, the
property owner shall provide the Town with the previous twelve (12) months (months
twenty-five (25) through thirty-six (36)) of water use and billing data from the subject
property’s water purveyor. If the water usage still exceeds the estimated PWB, the deposit
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shall be forfeited to the Town, in full. All Town staff time and materials expended to ensure
compliance with this section will be deducted from the deposit. Any remaining amounts
from a forfeited deposit shall be utilized to further the purposes of this section.
Water Efficient Landscape
Ordinance
Update mandated by Governor
Drought Executive Order B-29-15 of
April 1, 2015
Background
•Original Water Efficient Ordinance mandated by
Department of Water Resources (DWR) and modified
by LAH went into effect 2010
•Governor Brown Drought Executive Order mandated
an update to Model Ordinance –update approved by
DWR on July 15, 2015
•Updated Model Ordinance will go into effect in LAH on
December 31, 2015 unless an equally effective
ordinance is submitted to DWR by that date
•While part of Drought Executive Order, these changes
are permanent with a goal of permanent water saving
Timeline
•CC directs planning staff to develop updated
Water Efficient Ordinance at August 20 meeting
•Planning staff to submit proposed ordinance to
committees to review in month of September
•PC to review ordinance in October and make
recommendation to CC
•CC to review and approve Ordinance in Oct-Nov
•DWR to receive Ordinance by Dec 31, 2015 and
approve by Feb 1, 2016
Existing 2010 Ordinance Highlights
•Existing Model Ordinance includes best practices
as well as Maximum Applied Water Allowance
(MAWA) and applies to landscapes of 5000sf or
more
•LAH Ordinance develops unique MAWA
(identified as Parcel Water Budget PWB) that can
be computed from LUF
•LAH provides a one time penalty if PWB not met
in 3 years (possible forfeit of landscape deposit)
•LAH Ordinance was approved by DWR
2015 Model Ordinance Highlights
•Now addresses new landscaping of 500sf or more
and rehabilitated landscaping of 2500sf or more
•MAWA modified to reduce landscape water use
in new homes by 20% and commercial
landscapes by 35%
•Encourages use of graywater, captured rainwater,
and recycled water
•Enhanced best practices includes mandatory use
of smart controllers
Proposed Changes to LAH Ordinance
•Modify (PWB) Parcel Water Budget formula to
conform to changes suggested in Model
Ordinance including reduction in water use of
30%
•Develop relationship with water districts to
allow annual verification of PWB
•Develop tiered penalties to be applied to
water wasters
Best Practices
•Review best practices with landscape architect
to determine how to properly address these
requirements
•Review current usage of graywater, captured
rainwater, recycled water, and well water to
ensure these practices are encouraged
•These practices may be captured in separate
ordinances or policies
RESOLUTION 33-14
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
Lands of Hadden)
WHEREAS, David & Saina Hadden ("Owner") owns the property commonly known as 24874
Olive Tree Lane, Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of
open space easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to
this Resolution as Attachment A ("Open Space Easement Agreement") to limit the use of a portion
of the property in order to reduce potential adverse impacts on such land including grading,
vegetation removal, and erosion;
WHEREAS, the Town finds the Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owner and the Town recognize that the land subject to the Open Space Easement
Agreement is essentially unimproved and if retained in its natural state has substantial scenic value
to the public and that the preservation of such land as open space constitutes an important physical,
social, aesthetic and economic asset to the Town and the Owner;
WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford,Mayor
Resolution 33-14 Page 1
ATTEST:
Deborah Padovan, City Clerk
Resolution 33-14 Page 2
Attachment A
This Document Is Recorded
For the Benefit of the
Town of Los Altos Hills
And is Exempt from Fee
Per Government Code
Sections 6103 and 27383
When Recorded,Mail to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,CA 94022
Attention: City Clerk
AGREEMENT FOR OPEN SPACE EASEMENT
This Agreement for Open Space Easement ("Agreement") is made and
entered into this 19 day of June 2014, by and between David & Saina
Hadden, ("Owner") and the Town of Los Altos Hills, a municipal corporation, ("Town").
RECITALS
A. Owner owns that certain real property in the Town of Los Altos Hills
commonlyknown as 24874 Olive Tree Lane Los Altos Hills California.
B. Town has adopted a General Plan and, pursuant thereto, may accept grants
of open space easements on privately owned lands lying within the Town.
C. Town finds this open space easement to be consistent with the Town's
General Plan and in the best interests of the Town.
D. Owner and Town desire to limit the use of a portion of the property more
particularly described in Exhibit A attached hereto, by dedication of an open space
easement in order to reduce potential adverse impacts on such land including grading,
vegetation removal, and erosion, recognizing that such land is essentially unimproved and
if retained in its natural state has substantial scenic value to thep ublic and that the
preservation of such land as open space constitutes an important physical, social, aesthetic
and economic asset to the Town and to Owner.
NOW, THEREFORE, the parties, in consideration of the mutual covenants and
conditions set forth herein and the substantial public benefits to be derived therefrom, do
hereby agree as follows:
1.Grant of Open Space Easement. Owner, as grantor, hereby grants an open
space easement to the Town of Los Altos Hills, a municipal corporation in the County of
Santa Clara, State of California, over the real property described and shown as Exhibit A,
Resolution 33-14 Page 3
the "Property"), to have and to hold said open space easement for the term and for the
purposes and subject to the conditions, covenants, and exceptions described herein.
2. Statutory Authorization. This Agreement and grant of open space easement
are made and entered into pursuant to Chapter 6.6 commencing with Section 51070 of Part
1, Division 1, Title 5 of the Government Code. This Agreement is subject to all of the
provisions of said sections and chapters including any amendments thereto which may
hereafter be enacted.
3. Restriction on Use of Property. During the term of this Agreement and the
open space easement granted herein, the Property shall not be used for any purpose other
than an open space easement and those uses related to or compatible therewith. Owner,
for the direct benefit of the Property described herein, hereby declares that the Property
shall be subject to restrictive covenants running with the land which shall be binding upon
all subsequent grantees. Said restrictive covenants shall be:
a. against the right of Owner to construct any improvements on or
within the Property except for public and private utilities and paths dedicated to the Town
or an approved septic system, provided these reserved exceptions shall be consistent with
the purposes of maintaining and preserving the natural or scenic character of the land; and
b. against the extraction of natural resources or other activities which
may destroy the unique physical and scenic characteristics of the land; and
C. against the grading of land for reasons other than attendant to
permitted uses including but not limited to drainage improvements and underground
utilities; and
d. against the cutting of vegetation, except as may be required for fire
prevention, thinning, elimination of diseased growth, removal of invasive or non-native
species and similar measures; and
e. against any plantings other than native vegetation; and
f.against the"erection of structures other than lawful fences or any
improvements authorized by Paragraph 3(a) herein.
4. Exceptions. The City Council of the Town may authorize exceptions to the
foregoing restrictive covenants,provided such exceptions are consistent with the purposes
of law and not incompatible with maintaining and preserving the natural character of the
land.
5. Restrictions on Public Use. The public shall not have a right of entry upon
the Property. The right of entry and surface use is limited solely to the Town, but only for
the purpose of inspection of condition of the Property.
Resolution 33-14 Page 4
6. Term of Agreement. This open space easement and Agreement shall be
effective on the date of recordation of this Agreement and shall remain in effect in
perpetuity, unless abandoned pursuant to Government Code Sections 51093 and 51094 or
any successor legislation.
7. Successors in Interest. This Agreement and the open space easement shall
run with the land and shall be binding upon and inure to the benefit of the heirs,successors
and assigns of the parties hereto.
IN WITNESS WHEREOF,the parties hereto do hereby execute this agreement.
OWNER:
Date: "L 30 ' 2014
Davi nd/or Saina dden
TOWN OF LOS ALTOS HILLS:
20
Date: June kq , 2014
eXayor— John Radford
ATTEST:
City Clerk — Deborah Padovan
Resolution 3344 Page 5
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On 30 2014, before me, udul C bJF Notary
Public,p rsonally appeared -p"[4 0 t 9n,nn rma.'ld Pin who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
re subscribed to the within instrument and acknowledged to me that=-
iexecutedthesamein-hisfhera et authorized capacity(ies), and that by
signature(s) on the instrument the person, or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
JUDY C.WONG
WITNESS my hand and official seal. Commission# 1988447
Z:P;o, Notary Public-California Z
Z ' Santa Clara_County
My Comm.Expires Sep 15,2016
Signature: Seal)
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
On 2014,before me, Notary
Public,personally appeared who
proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person, or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: Seal)
Resolution 33-14 Page 6
STATE OF CALIFORNIA
ss.
COUNTY OF SANTA CLARA
On June 20, 2014, before me, Deborah L. Padovan,Notary Public, personally appeared John
Radford, who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon
behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
DEBORAH L. PADOVAN
Commission# 1929787
Notary Public-California
Sonoma County
Signature: Seal)MV Comm. Iter A r 19,2015
Resolution 33-14 Page 7
i
I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do
hereby certify under PENALTY OF PERJURY under the laws of the State of
California that the foregoing is true and correct.
WITNESS my hand and official seal.
Deborah Padovan, City Clerk
Date: June 20, 2014
Place: Town Hall
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Resolution 33-14 Page 8
Certified as a true copy
RESOLUTION 33-14 QY
City Cleric of the Toyai of Los autos;ii is
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AGREEMENT FOR OPEN SPACE EASEMENT
Lands of Hadden)
WHEREAS, David & Saina Hadden ("Owner") owns the property commonly known as 24874
Olive Tree Lane, Los Altos Hills, California; and
WHEREAS, the Town has adopted a General Plan and, pursuant thereto, may accept grants of
open space easements on privately owned lands lying within the Town;
WHEREAS, the Owner has offered to enter into an agreement for open space easement attached to
this Resolution as Attachment A ("Open Space Easement Agreement") to limit the use of a portion
of the property in order to reduce potential adverse impacts on such land including grading,
vegetation removal, and erosion;
WHEREAS, the Town finds the Open Space Easement Agreement to be consistent with the
Town's General Plan and in the best interests of the Town;
WHEREAS, the Owner and the Town recognize that the land subject to the Open Space Easement
Agreement is essentially unimproved and if retained in its natural state has substantial scenic value
to the public and that the preservation of such land as open space constitutes an important physical,
social, aesthetic and economic asset to the Town and the Owner;
WHEREAS, the Open Space Easement Agreement contains the appropriate restrictions and
covenants to preserve the natural and scenic character of the land; and
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as
follows:
The Town hereby accepts on behalf of the public, and for the purposes therein described,
approves the Open Space Easement Agreement attached to this Resolution as Attachment A; and
the Mayor is hereby authorized and directed to execute the Open Space Easement Agreement.
The above and foregoing resolution was passed and adopted by the City Council of the Town of Los
Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
ohn Radford, Mayor
Resolution 33-14 Page 9
Resolution 33-14 Page l
ATTEST:
Deborah Padovan, City Clerk
Resolution 33-14 Page 10
Resolution 33-14 Page 2
WADE HAMMOND
LAND SURVEYOR
36660 NEWARK BLVD. SUITE C
NEWARK,CALIFORNIA 94560-3000
TEL:510-579-6112 FAX:510-991-8054 WADE@WADEHAMMONDPLS.COM
5-28-2014
EXHIBIT A
LEGAL DESCRIPTION FOR OPEN SPACE EASEMENT
LANDS OF SHAMILOV& HADDEN
24874 OLIVE TREE LN
LOS ALTOS HILLS, CA
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE TOWN OF LOS ALTOS HILLS,COUNTY OF SANTA CLARA,STATE
OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF PARCEL B,AS SHOWN ON THAT CERTAIN PARCEL MAP RECORDED APRIL 21ST,1977 IN BOOK 393 OF
MAPS AT PAGES 42&43,SANTA CLARA COUNTY RECORDS,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING ATTHE SOUTHERN MOST CORNER OF SAID PARCEL B;THENCE ALONG THE WESTERLY LINE OF SAID PARCEL B,
NORTH 39"22'27"WEST,173.13 FEET,
THENCE LEAVING SAID WESTERLY LINE OF SAID PARCEL B NORTH 24°54'59" EAST, 17.97 FEET;
THENCE NORTH 57°12'21" EAST,50.21 FEETTO THE EASTERLY LINE OF SAID PARCEL B, BEING ALSO THE WESTERLY LINE OF
LOT 11,TRACT 3672, RECORDED APRIL 29TH, 1964 IN BOOK 177 OF MAPS AT PAGES 44 AND 45
THENCE ALONG SAID EASTERLY LINE OF SAID PARCEL B,SOUTH 20°32'45"WEST,40.28 FEET;
THENCE SOUTH 34°08'03" EAST,81.89 FEET;
THENCE SOUTH 21°27'24" EAST,77.18 FEETTO THE POINT OF BEGINNING.
CONTAINING 4,269 SQ.FT., MORE OR LESS
END OF REAL PROPERTY DESCRIPTION.
A PLATSHOWING THE ABOVE DESCRIBED PARCEL IS ATTACHED HERETO AND MADE A PART OF HEREOF AS EXHIBIT"B"
THE BEARING NORTH 34°49'30" EAST OF THE CENTER LINE OF OLIVE TREE LANE AS SHOWN ON THAT CERTAIN PARCEL MAP
RECORDED IN BOOK 393 0F MAPS AT PAGES 42& 43 WAS USED AS THE BASIS OF BEARINGS IN THIS DESCRIPTION.
PREPARED BY,OR UNDER THE SUPERVISION OF:
5-28-2014
LOUIS WADE HAMMOND PLS 6163
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oo° PLS 6163
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PAGE 1 OF 2
Resolution 33-14 Page 11
I EXHIBIT B
PLAT TO ACCOMPANY
L=100.30' R=180.00' LEGAL DESCRIP77ON FOR OPEN
D=31'55'30"SPACE EASEMENT
LOT 8 LANDS OF SHAMILOV AND
U' HADDEN
24874 OLIVE TREE LN
K ° o ` LOS ALTOS HILLS, CA
L=69.12' R=330.00'MAY 2014
D=12'00'00"
Basis Of Bearings LOT 9 1
pp= 700
LANDS OF
SHAMILOV & HADDEN
PARCEL B, 393 M 42,43
p0ooa00000
45,685 SQ. FT.+/— GROSS 177 M 44 000°°°LAND
41,416 SQ. FT. +/— NET S S°AD yS(,P o
O' p o° 9 00 oOpVo° O O 0 -4 o
oJo° J
PLS 6163 d °
o50o
N79 27'15"W.o 0 o 0
50.00' 1 o
0
0o o*
0
400 0
N12 20'00"W
1
V h o 00°
00ooaao °
00
jl °00000° P0°
000089.90' OF CIQ;
PARCEL A I I
I LOT 11
N26'39'00"E
I i LEGEND
102.61'
I
10' S.D.E. I Ir-- N57'1221"E ® OPEN SPACE EASEMENT
I 50.21'
EXISTING S.D.E. BOUNDARY
N24'54'59"E S2032'45"W P.O.B. POINT OF BEGINNING
17.97' ly \ 40.28' S.D.E. STORM DRAIN EASEMENT
S34'OS'03"E
THE BEARING NORTH 3449'30" EAST
OF THE CENTER LINE OF OLIVE TREE
81.89' LANE AS SHOWN ON THAT CERTAIN
PARCEL MAP RECORDED IN BOOK 393
4269 SQ. FT. OF MAPS AT PAGES 42 & 43 WAS
N39 22'27"W USED AS THE BASIS OF BEARINGS ON
173.13' 1 THIS PLAT.
1 S212724"E
77.18'
L . Wade Hammond
1 Licensed Land Surveyor
P 0 B No. 6.163
36660 Newark Blvd. Suite C
Newark; California 94560
Tel:(510)579-6112 Fax:(510) 991-8054
wade@wadehammondpls.com
PRM1&,W332-14 Page 12