Cal. Code Regs. Tit. 23, § 491 - Applicability

(a) This model ordinance shall apply to all of the following landscape projects:

(1) New construction projects with a landscape area as defined in Section 490.2(a)(41) equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;

(2) Rehabilitated landscape projects with a landscape area as defined in Section 490.2(a)(41) equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;

(3) Existing non-rehabilitated landscapes limited to Section 491.1; and

(4) Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 493.3, 493.5, and 493.6; existing cemeteries are limited to Sections 493 and Section 491.1.

(b) Any project with a landscape area as defined in Section 490.2(a)(41) of 2,500 square feet or less may comply with either the performance requirements of this model ordinance, described in Section 493, or conform to the prescriptive measures contained in Section 492.

(c) This model ordinance does not apply to:

(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.

Notes

Cal. Code Regs. Tit. 23, § 491

Note: Authority cited: Sections 65596 and 65596.5, Government Code. Reference: Sections 65596, 65596.5 and 65598, Government Code.

Note: Authority cited: Section 65595, Government Code; and sections 11 and 30, Governor's Exec. Order No. B-29-15 (April 1, 2015). Reference: Sections 65592 and 65596, Government Code; and section 11, Governor's Exec. Order No. B-29-15 (April 1, 2015).

1. New section filed 7-31-92; operative 7-31-92 (Register 92, No. 32).
2. Amendment of section and Note filed 9-10-2009; operative 9-10-2009 pursuant to Government Code section 11343.4(Register 2009, No. 37).
3. Amendment of section and Note filed 9-15-2015; operative 9/15/2015. Exempt from OAL review and submitted to OAL for printing only pursuant to Governor's Executive Order No. B-29-15 (4-1-2015) (Register 2015, No. 38).
4. Repealer and new section filed 1-2-2025; operative 1/2/2025 pursuant to Government Code section 11343.4(b)(3) (Register 2025, No. 1).