23.72.010 APPLICABILITY.

(a) This chapter shall apply to the following landscape projects:

(1) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; and

(2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,000 square feet requiring a building or landscape permit, plan check, or design review;

(b) Existing landscapes, including existing cemeteries and parks, shall only be subject to the provisions for existing landscapes provided for in Section 23.72.180 "Provisions for existing landscapes over one acre in size."

(c) New and rehabilitated cemeteries and parks shall only be subject to the provisions of Sections 23.72.070 "Water budget calculations," 23.72.120 "Landscape and irrigation audit report," and 23.72.140 "Landscape and irrigation maintenance schedule."

(d) Any project with an aggregate landscape area of 2,500 square feet or less may comply either with the performance requirements of this chapter or conform to the Prescriptive Measures developed by staff and on file with the City's Building Division.

(e) For projects using treated or untreated graywater or rainwater captured on-site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated graywater or through stored rainwater captured on-site is subject only to the irrigation system requirements of the Prescriptive Measures as developed by staff and on file with the City's Building Division.

(f) The provisions of this chapter shall not apply to:

(1) New construction with irrigated landscape areas less than 500 square feet or landscapes that do not require a building or landscape permit, plan check or design review, or new or expanded water service;

(2) Landscapes, or portions of landscapes, that are only irrigated for an establishment period;

(3) Registered local, State or Federal historical sites where landscaping establishes a historical landscape style, as determined by a public board or commission responsible for architectural review or historic preservation;

(4) Ecological restoration or mined-land reclamation projects that do not require a permanent irrigation system; or

(5) Community gardens or plant collections, as part of botanical gardens and arboretums open to the public, agricultural uses, commercial nurseries and sod farms.