(a)
The
purpose and intent of this chapter is to establish minimum water efficient
landscape requirements for newly installed and rehabilitated landscapes.
It is also the purpose of this Chapter to implement these minimum
requirements to meet the state of California Code of Regulations Title
23. Water Division 2. Department of Water Resources Chapter 2.7 Model
Water Efficient Landscape Ordinance and the state of California Water
Conservation in Landscaping Act, Reference: California Government
Code Sections 65591, 65593, 65596.
(b)
The
City Council determined the provisions of this Chapter more appropriately
address the specific needs of the City, and this Ordinance is more
effective in conserving water than the state Department of Water Resources
Model Water Efficient Landscape ordinance.
(c)
It
is the intent of the City Council to promote water conservation through
the planning, design, installation, and maintenance of landscapes
by the use of climate appropriate plant material and efficient irrigation.
(d)
These
provisions are supplementary and additional to the subdivision and
zoning and water conservation and water waste prevention regulations
of this Code and shall be read and construed as an integral part of
the regulations and controls established thereby.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 1, 2016)
The following words and terms used in this chapter shall be
defined as follows:
shall mean plants that perform their entire life cycle from
seed to flower within a single growing season, and are typically replaced
on a regular basis.
means a method of irrigation where the water is applied slowly
at the base of plants without watering the open space between plants.
means the annual total amount of water estimated to be needed
to keep the plants in the landscape healthy. It is based upon such
factors as the local evapotranspiration (ET) rate, the size of the
landscaped area, the types of plants, and the efficiency of the irrigation
system.
shall mean any plant which is characterized by a plant factor
of 0.7 to 1.0, as defined by the Water Use Classification of Landscape
Species list.
means the measurement of the amount of water beneficially
used divided by the amount of water applied. Irrigation efficiency
is derived from the measurements and estimates of irrigation system
characteristics and management practices.
means the network of piping, valves and irrigation heads.
means a process to perform site inspections, evaluate irrigation
systems, and develop efficient irrigation schedules.
means the entire parcel less the building footprint, driveways,
non-irrigated portions of the parking lots, hardscapes such as decks
and patios, and other nonporous areas.
means an irrigation method to distribute irrigation water
slowly in small volumes and targeting it to plants' root zones with
no runoff or overshooting. Low volume irrigation systems include but
are not limited to drip emitters, tickle-"spider spray," micro spray-sprinklers,
and/or mist emitters.
means, for the design purposes, the upper limit of annual
applied water for the established landscape area as specified in Div.
2, Title 23, CA. Code of Reg., Chapter 7, Section 702. It is based
upon the area's reference evapotranspiration, ET adjustment factor,
and the size of the landscaped area.
See "drip irrigation."
means any organic material such as 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.
means a factor that, when multiplied by reference evapotranspiration,
estimates the amount of water used by plants. For purposes of these
criteria, the average plant factor of very low water using plants
ranges from 0.01 to 0.10, for low water using plants the range is
0.10 to 0.30, for moderate water using plants the range is 0.40 to
0.60, and for high water using plants, the range is 0.70 to 0.90.
Reference: Water Use Classifications of Landscape Species
IV (WUCOLS IV).
means a person that has been certified by their professional
organization or as a person that has demonstrated knowledge and is
locally recognized among landscape architects due to long time experience
as qualified.
means treated or recycled waste water of a quality suitable
for non-potable uses such as landscape irrigation. Reclaimed water
is not for human consumption.
means any re-landscaping project that requires a permit.
means water which is not absorbed by the soil or landscape
to which it is applied and flows from the area.
means an irrigation scheduling device which incorporates
either weather or soil moisture levels into the scheduling of irrigation
times.
means a surface of earth containing mowed grass with roots.
means a device used to control the flow of water in the irrigation
system.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 2, 2016)
This Chapter shall apply to the following:
(a)
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 architectural review;
(b)
Rehabilitated
landscape projects with an aggregate landscape area equal to or greater
than 2,500 square feet requiring a landscape permit, plan check or
architectural review;
(c)
New
single family residential subdivisions where the front and/or side
yards are landscaped by the developer or contractor;
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 3, 2016)
This chapter shall not apply to the following:
(a)
Registered
local, state or federal historic sites;
(b)
Ecological
restoration projects that do not require a permanent irrigation system.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 4, 2016)
(a)
Prior to the construction and installation of any new or rehabilitated landscaping as specified in Section 8.60.030, a landscape document package shall be prepared and submitted for review and approval. Approval shall be made through the landscape application form provided by the Department of Planning Services. The landscape document package shall include the following elements:
(1)
Water conservation concept statement;
(2)
Calculation of maximum water allowance (MAWA);
(3)
Calculation of total estimated water use;
(4)
Landscape design plan, including specifications for all plant materials
and mulch materials;
(5)
Landscape grading plan;
(6)
Irrigation design plan:
(A)
Showing the location, type and size of all components of the irrigation
system that will provide water to the landscape area, including, but
not limited to, controller, water lines, valves, sprinkler heads,
moisture sensing devices, rain switches, quick couplers, pressure
regulators and backflow devices.
(B)
The irrigation water source and type (potable or recycled), point
of connection, the static water pressure at the point of connection,
the application rate in inches per hour and the design operating pressure
in pounds per square inch for each station.
(C)
Irrigation schedule information including typical irrigation schedules
that demonstrate that landscape can thrive using the MAWA calculated
as part of that package. Include specification notes for routine inspection,
repair and replacement of equipment and state the party responsible
for maintenance.
(7)
Reclaimed water specifications;
(8)
Irrigation water specifications;
(9)
Soil analysis. (A soil analysis is recommended but not mandatory.)
(b)
The
landscape application shall be supplemented by additional plans and
water calculations, and submitted to the applicable water authority,
with other pertinent information to adequately address all applicable
aspects of the application.
(c)
Once
the project is approved by the applicable water authority, the Department
of Planning Services shall review applications and approve, conditionally
approve or deny such application and shall assure conformity with
this chapter. At the discretion of the Planning Director, the planning
commission may consider and render decisions on landscape applications.
(d)
All
landscape and irrigation plans for private development projects shall
be in conformance with this Chapter and shall be prepared by a registered
landscape architect or other qualified professional in a related field
and be installed by a licensed contractor, except as provided elsewhere
in this Section.
(e)
All
public agency projects are not required to be prepared by a landscape
architect or installed by a landscape contractor or other qualified
professional. However, all public agency projects shall be in compliance
with the approved plans and installed correctly to specifications
and standards approved by the City and in compliance with this Chapter.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 5, 2016)
(a)
Landscape
and irrigation system shall be maintained to ensure water efficiency.
A regular maintenance schedule shall include, but not be limited to,
checking, adjusting and repairing irrigation equipment, resetting
the time clocks monthly, aerating and dethatching turf areas, replenishing
mulch, fertilizing, pruning, and weeding all planted areas.
(b)
Whenever
possible, repair of irrigation equipment shall be done with originally
specified materials or their equivalents.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)
A landscape design plan satisfying the design guidelines outlined
in the landscape application shall be submitted as a part of the landscape
document package. Guideline objectives are to ensure that future landscaping
projects are designed and constructed to the highest level of aesthetic
values and water efficiency, and to make wise water management viable
and easy.
(a)
Turf
Regulations. The following regulations shall apply to all projects
that are required to submit a landscape design package to the City
for approval:
(1)
Turf shall not be used on slopes greater than 25 percent where the
toe of the slope is adjacent to an impermeable surface.
(2)
Only low volume irrigation or a surface flow/ wick system shall be
used for turf in a landscape area where any dimension of the landscape
area is ten feet or less in width.
(3)
On commercial, industrial or multi-family landscape no turf shall
be installed in a median, parking lot island or parkway unless, if
determined by the planning director, limited use of turf is necessary
to provide safe access for pedestrians leaving a parked vehicle to
reach the sidewalk.
(4)
On commercial, industrial or multifamily landscape no turf shall
be installed on any portion of the site that is inaccessible.
(5)
On commercial or industrial projects, turf shall be limited to a
maximum of 15% of the total landscaped area.
(6)
On single family residences, turf shall be limited to a maximum of
15 percent of the total landscaped area. This restriction shall only
apply to the front and side street frontage yards.
(7)
An athletic field, park, golf course, cemetery or other similar use
shall be designed to limit the use of turf to only those areas where
it is essential for the operation of the facility, as determined by
the planning director. Areas where turf is not essential to the operation
of the facility shall be landscaped with plants with lower water use
requirements than turf.
(8)
No turf shall be allowed in a landscape area that cannot be efficiently
irrigated, or where overspray and run off cannot be avoided.
(b)
Plant
materials.
(1)
All plant materials shall be selected utilizing the Lush and Efficient
Landscape Guidelines, published by the Coachella Valley Water District.
A copy of the Lush and Efficient Guidelines shall be on file at the
Department of Planning Services for public inspection and review.
(2)
Annual color plantings shall be used only in areas of high visual
impact and must be irrigated with drip, micro-irrigation or other
systems with efficiencies of 90 percent or greater. Otherwise, drip-irrigated
perennial plantings should be the primary source of color.
(3)
High-water use plants, characterized by a plant factor of 0.7 to
1.0, are prohibited in parking islands, medians, and landscape areas
where any dimension of the landscape area is ten feet or less in width.
(c)
Mulch.
The use of soil-covering mulch or mineral groundcover with a minimum
depth of three inches shall be required to reduce soil surface evaporation
around trees, shrubs and on non-irrigated areas. The use of boulders
and cobble shall be considered to reduce the total vegetation area.
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.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 §§ 6—8, 2016)
(a)
An
irrigation plan satisfying the design guidelines outlined in the landscape
application shall be submitted as part of the landscape document package.
Where irrigation water is taken from the domestic water supply, separate
landscape water meters shall be installed for all projects except
single-family homes with landscaped areas of less than 5,000 square
feet or as directed by the domestic water purveyor. When irrigation
water is from a well, the well shall be metered per the requirements
of the water purveyor having jurisdiction.
(b)
The
irrigation design plan shall be drawn on project base sheets. The
irrigation design plan shall be separate from, but use the same format
as the landscape design plan.
(c)
The
following techniques and practices shall be incorporated into the
design of irrigation systems:
(1)
The irrigation system shall be designed to conform to the hydrozones
of the plants specified in the planting plan.
(2)
The irrigation system shall be designed to prevent runoff, over spray,
low head drainage and other similar conditions where irrigation water
flows or sprays onto area not intended for irrigation and use low
volume irrigation for mulched areas wherever feasible.
(3)
The minimum irrigation efficiency shall be 0.75 (75%) for spray systems
and 0.90 (90%) for drip systems.
(4)
Portions of irrigation systems containing slopes greater than 25
percent shall utilize a precipitation rate of 0.75 inches per hour
or less to prevent runoff.
(5)
Sprinkler heads and other low emission devices shall be selected
based on what is appropriate for the plant type in the hydrozone and
shall have matched precipitation rates unless otherwise directed by
the manufacturer's recommendations.
(6)
Sprinkler spacing shall be designed to achieve the highest possible
distribution uniformity.
(7)
The system shall provide that only low volume irrigation is used
to irrigate any vegetation within 36 inches of an impermeable surface
unless the adjacent impermeable surfaces are designed and constructed
to cause water to drain entirely into landscaped areas.
(8)
The irrigation system shall be regulated by means of a smart controller
(either evapotranspiration, weather based, soil moisture based or
similar).
(9)
Irrigation projects equal or greater than 5,000 square feet shall
include the installation of a master valve. High-flow sensors that
detect and report high flow conditions created by system damage or
malfunction shall be specified for all projects where a dedicated
landscape irrigation meter is required.
(10)
Water calculations shall include an evapotranspiration factor of
0.45.
(11)
Trees shall be placed on separate valves from shrubs, groundcover
and turf.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 9, 2016)
(a)
For
all private development projects, a licensed landscape architect,
installing licensed contractor or other qualified professional in
a related field shall conduct a final field observation and shall
provide a certificate of completion. The certificate shall specifically
indicate that plants were installed as specified. The installing contractor
shall certify that the irrigation system was installed as designed
pursuant to the approved plan, and that the efficiency of the drip
and/or spray systems comply with the minimum standards contained herein.
(b)
Certification
shall be accomplished by completing a certificate of completion and
delivering it to the Department of Planning Services and to the owner
of record.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 10, 2016)
(a)
Existing
landscaped areas that are irrigated with groundwater that are over
sixty thousand square feet in planted area shall have an irrigation
audit within five years of the effective date of the ordinance codified
in this chapter. The audit shall be submitted to the water authority
for review and approval. Those subject to an audit are public agencies,
schools, cemeteries, public parks, commercial uses, golf courses,
common areas, greenbelts, and multifamily housing with common area.
(b)
Water
audits shall be conducted by a certified landscape water auditor in
accordance with the current edition of the landscape irrigation auditor
handbook as provided by the state of California Landscape Water Management
Program.
(c)
A
landscape project is exempted from a water audit if the water use
is less than the maximum water use allowance during the previous twelve
months. To qualify for exemption the owner must submit a request for
exemption with square footage (acreage) of property including the
amount of water used during the previous twelve months and certified
by the water purveyor having jurisdiction.
(d)
An appeal may be filed with the Department of Planning Services regarding ordinary high water use caused by a line breakage or some type of occurrence which results in unavoidable water usage to exceed standards. An appeal shall include information regarding water usage the previous year, current year, proof of failure and repair bill. An appeal shall be filed pursuant to Section 8.60.120 of this Code.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 11, 2016)
The following fees are determined to be necessary to cover the
costs of reviewing landscape applications and monitoring landscape
irrigation audits and shall be imposed on the subject applicant, property
owner, or designee.
(a)
The
city council, by resolution, shall establish the amount of the landscape
application fee in accordance with applicable law.
(b)
A
landscape application fee shall be due at the time of initial project
application submission to the city.
(c)
The
water authority may require every five years the project owner to
cause a landscape irrigation audit to be completed by a certified
landscape irrigation auditor. The sole cost of the water audit will
be borne by other than the water purveyor having jurisdiction.
(d)
If
a landscape application is not submitted prior to the start of landscape
construction work, for those persons required to submit an application,
a late submittal fee of twice the review fee shall be required.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)
For the purposes of ensuring that persons comply with the provisions
of this chapter, the city may, following written notices to subject
property owner(s), initiate enforcement action(s) against such property
owner(s) or design-er(s), which enforcement actions may include, but
are not limited to, the following:
(a)
Revocation
of a landscape application;
(b)
Withholding
issuance of a certificate of use and occupancy or building permit;
(c)
Issuance
of a stop work order;
(d)
In
addition to any other remedies for violation of city ordinances in
force, the city may bring and maintain any action permitted by law
to restrain, correct or abate any violation of this chapter, and in
the event that legal action is brought by the city, reasonable attorney's
fees and court costs shall be awarded to the city and shall constitute
a debt owed by the violator to the city. The city may place a lien
on the affected property in the event any debts so incurred are not
timely paid.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)
A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code.
(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)
