The purpose of this article is to set forth site development regulations related to the conservation and use of water. These regulations are applicable to all new and existing uses unless otherwise specified.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Purpose. This section establishes water efficient landscaping requirements for new and rehabilitated landscapes. The purpose of the requirements is to foster efficient water use and prevent water waste while ensuring high quality landscapes.
(b) 
Applicability. This section shall apply to landscapes for public agency projects and private development projects with a landscape area equal to or greater than five hundred (500) square feet, as specified below.
(c) 
Prescriptive Requirements for Smaller Landscapes. New landscaping equal to or greater than five hundred (500) square feet and less than two thousand five hundred (2,500) square feet of landscaped area shall comply with landscape requirements for smaller landscapes for planting, soil, mulch, grading, and irrigation, as specified by the Director in the document titled, "Emeryville Water Efficient Landscape Prescriptive Requirements for Smaller Landscapes." Any project with a landscape area less than two thousand five hundred (2,500) square feet that meets the landscape water requirement entirely with graywater, rainwater captured on site, or both, is subject only to the sections of the smaller landscapes requirement on "amendments and mulch" and "irrigation."
(d) 
Performance Requirements for Larger Landscapes. New and rehabilitated landscapes with a landscape area equal to or greater than two thousand five hundred (2,500) square feet shall comply with landscape requirements for larger landscapes for planting, mulch, soil, grading, and irrigation, as specified by the Director in the document titled, "City of Emeryville Water Efficient Landscape Requirements Performance Requirements for Larger Landscapes."
(e) 
Water Waste, Stormwater Treatment and Recycled Water. All projects subject to this section shall comply with all other requirements of the Emeryville Municipal Code, including Chapter 36 of Title 5 prohibiting irrigation water waste, Chapter 13 of Title 6 regarding stormwater treatment, and Section 9-4.603 regarding recycled water.
(f) 
Exceptions. This section shall not apply to the following:
(1) 
Registered historical sites.
(2) 
Ecological restoration projects that do not require a permanent irrigation system.
(3) 
Projects with a landscape area less than five hundred (500) square feet.
(Sec. 3 (Exh. A), Ord. 23-005, eff. Jan. 18, 2024; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Purpose. The use of potable water for certain uses when nonpotable water is available and feasible is a waste of water. The purpose of this section is to implement State policies requiring the use of recycled water for nonpotable water uses within the designated recycled water use area when the City determines that there is not an alternative higher or better use for the recycled water, its use is economically justified and its use is financially and technically feasible for a project.
(b) 
Use and Distribution of Recycled Water. The use and distribution of recycled water shall be in accordance with applicable Federal, State and local laws and regulations.
(c) 
Requirement for Subdivisions in Recycled Water Area. Projects involving subdivision of land for which a tentative map or parcel map is required pursuant to California Government Code Section 66426 and Chapter 6 of this title and which are within the recycled water project area shall be conditioned to provide a plumbing system to serve nonpotable uses in the common areas of the subdivision, including but not limited to golf courses, parks, greenbelts, landscaped streets and landscaped medians, if recycled water is available to the project site at a reasonable cost, is of adequate quality, will not be detrimental to public health, and will not adversely affect downstream water rights, degrade water quality or injure plants, fish and wildlife. The Director shall review all subdivision projects that are within the recycled water project area, confer with the recycled water provider, and determine requirements for recycled water plumbing. These requirements shall become conditions of approval.
(d) 
Requirement for Nonsubdivision Projects and Projects Outside Recycled Water Area. All projects within the recycled water project area that require Planning Commission or City Council approval, and all projects outside the recycled water project area that include one hundred thousand (100,000) square feet of nonresidential space and require Planning Commission or City Council approval, shall be conditioned to require submittal of a letter from the recycled water provider stating requirements for recycled water plumbing, prior to issuance of building permit. In addition, if the project applicant is not complying with the requirements of the recycled water provider, the applicant shall provide a written explanation of its actions.
(e) 
Agreement between Recycled Water Producer and Water Supplier. As set forth in California Water Code Section 65605(b)(5), recycled water service shall not commence in any service area of a private utility or public agency retail water supplier that is not a local agency, except in accordance with a written agreement between the recycled water producer and the private utility or public agency retail water supplier.
(Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
(a) 
Purpose. The purpose of this section is to set forth standards for systems that reuse water on site. Such systems help to conserve valuable water resources and are encouraged; provided, that adequate safeguards are included to protect health.
(b) 
Rainwater Capture Systems. Systems that capture and store precipitation from roof areas and other aboveground impervious surfaces for landscape irrigation and/or indoor water use must comply with all applicable codes and regulations. Systems using rain barrels of up to one hundred (100) gallons and no pumps do not require a permit. Systems using cisterns of over one hundred (100) gallons and/or pumps require plumbing and/or electrical permits pursuant to the Emeryville Plumbing Code at Chapter 6 of Title 8 and/or the Emeryville Electrical Code at Chapter 7 of Title 8. Because the Emeryville Plumbing Code has no approved standards for rainwater capture systems, an alternative methods and materials request must accompany the permit application. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-4.602, Water Efficient and Bay Friendly Landscaping.
(c) 
Graywater Systems. Systems that reuse domestic wastewater from plumbing fixtures such as showers, dishwashers, and clothes washers for toilet flushing and irrigation must comply with the requirements for graywater systems of the Emeryville Plumbing Code in Chapter 6 of Title 8. Landscape projects that are less than two thousand five hundred (2,500) square feet in area, and meet the estimated total water use entirely with graywater, rainwater capture, or both, are subject only to the prescriptive irrigation portion and the amendments and mulch portion of the requirements referenced in Section 9-4.602, Water Efficient and Bay Friendly Landscaping.
(d) 
Blackwater. Wastewater containing food, animal, or human waste, including but not limited to that from toilets and garbage disposals, shall not be reused on site but shall be discharged directly into the sanitary sewer system.
(Sec. 4 (part), Ord. 16-008, eff. Jan. 1, 2017; Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)
As used in this article, certain words and phrases are defined as follows:
(a) 
"Blackwater"
means water polluted with food, animal, or human waste.
(b) 
"Cistern"
means a precipitation storage device that holds over one hundred (100) gallons of rainwater, is installed above or below ground depending on site conditions, and which may utilize electrical pumps to move the rainwater.
(c) 
"Graywater"
means untreated wastewater which has not come into contact with toilet, food, or chemical waste. Graywater includes used water from bathtubs, showers, bathroom sinks, clothes washing machines and laundry tubs. It does not include wastewater from kitchen sinks, photo lab sinks, dishwashers or laundry water from soiled diapers.
(d) 
"Nonpotable water uses"
means parks, highway landscaped areas, landscaped streets and medians, industrial and irrigation uses, landscaping, greenbelts, golf courses, floor trap priming, cooling towers, air conditioning devices, nonresidential toilet and urinal flushing, and subdivision common areas.
(e) 
"Potable water"
means water which conforms to Federal, State and local agency standards for human consumption.
(f) 
"Rain barrel"
means a precipitation storage device that holds one hundred (100) gallons or less of rainwater and that captures flow directly from a downspout.
(g) 
"Rainwater capture"
means collected precipitation from rooftops and other above-ground impervious surfaces that is stored in rain barrels or cisterns for later use.
(h) 
"Recycled water project area"
means the portion in Emeryville of an area shown on the most recent recycled water project map from the recycled water provider, that can or may in the future use recycled water.
(i) 
"Recycled water"
means water which, as a result of treatment, is suitable for beneficial use that would not otherwise occur.
(j) 
"Rehabilitated landscape"
means any relandscaping project in which the modified area was previously planted and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.
(Sec. 3 (part), Ord. 16-005, eff. Oct. 20, 2016; Sec. 2 (Exh. A) (part), Ord. 13-001, eff. Mar. 7, 2013)