The purpose 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, Section 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance and the state of California Water Conservation in Landscaping Act, Reference: Sections 65591, 65593, 65596
Government Code.
A. The
Coachella Valley Water District (CVWD) has created a water-efficient
landscape ordinance in compliance with the Department of Water Resources
Model Water Efficient Landscape Ordinance; Attachment A of Ordinance
1302.1 Landscape and Irrigation System Design Criteria ("CVWD Ordinance").
The city hereby adopts by reference CVWD Ordinance No. 1302 (in its
most current edition as of the date of plan submittal) as the city's
water-efficient landscape criteria. It is the intent of the city council
to defer technical irrigation review and approval process to CVWD
consistent with the CVWD ordinance. The city will have full authority
over aesthetic (plant choice, spacing, and design) review.
B. 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
as well as to create a Palm Desert landscape theme through enhancing
and improving the physical and natural environment. The application
of mulch and compost to landscaping projects enhances soil water retention
and creates demand for recycled-organic content products.
C. These
provisions are supplementary and additional to the subdivision and
zoning regulation of this code and shall be read and construed as
an integral part of the regulations and controls established thereby.
D. Refer to Ordinance No. 1302.1, an ordinance of the Coachella Valley Water District establishing landscape and irrigation system design criteria. As Ordinance No. 1302.1 is amended and/or revised, so is Chapter
24.04, Water-Efficient Landscape, so that it reflects the currently adopted version of the CVWD ordinance.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
This chapter applies to:
A. All
new and rehabilitated landscaping for public agency projects and private
development projects including, but not limited to, industrial, commercial,
and recreational projects.
B. Developer
installed and rehabilitated landscaping in single-family tracts, five
or more infill lots, and multifamily projects, per CVWD Ordinance
1302.1.
C. New
construction landscapes that are homeowner-provided and/or homeowner-hired
in single-family and multifamily residential projects with a cumulative
total property/project landscape area equal to or greater than five
thousand square feet.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
The following are exempt from the provisions of this chapter:
A. Homeowner-provided
or rehabilitated landscaping at single-family and multifamily projects
having a cumulative total property/project landscape area of less
than five thousand square feet.
C. Registered
historical sites as determined by the city council.
D. Ecological
restoration projects that do not require a permanent irrigation system.
E. Plant
collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
A. Two copies of a landscape documentation package conforming to this chapter shall be submitted to the city of Palm Desert and CVWD per Ordinance 1302.1. Preliminary approval of the project, specifically the landscape design plan as outlined in Section
24.04.050, and defined within CVWD Ordinance 1302.1, shall be obtained from the architectural review commission prior to submittal of the landscape documentation package to the director of public works. No person, either as property owner, contractor, landscape architect or otherwise subject to the provisions of this chapter shall cause landscape construction work to begin without having an approved landscape documentation package approved by CVWD per Ordinance 1302.1, and from the director of public works.
B. All
requirements for the landscape documentation package are found within
CVWD Ordinance 1302.1.
C. Landscapes
shall be maintained per the approved landscape documentation package.
D. All
property owners, persons, firms, corporations, agents, employees or
contractors of regulated projects shall complete and submit the landscape
project application and comply with the approved landscape documentation
package as required pursuant to this chapter and CVWD Ordinance No.
1302.1.
E. An
approved landscape documentation package will run with the property
and the installed landscape will be maintained into perpetuity per
the approved landscape documentation package. A current or new property
owner may request amendments to an approved landscape documentation
package provided they are consistent with the original intent, design
quality, and water efficiency of the original approved landscape documentation
package. Any request shall be subject to the current city approval
process.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
A. For
efficient use of water, a landscape design plan shall be carefully
designed and planned for the intended function of the project.
B. The
landscape design plan shall be submitted as part of the landscape
documentation package and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The
landscape design plan shall incorporate design criteria found in the
current edition of the city's "Desert Flora Design Guide" publication.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
A. Purpose
and Intent. The purpose of this section is to: (1) preserve the public
health and safety; (2) protect public and private property from the
damaging spread of invasive, noxious and nuisance plants; and (3)
to protect indigenous plants and wildlife.
B. Definitions.
As used in this section, the following terms shall have the meanings
indicated:
"Invasive plant species"
means any plant species that is: (1) non-native to the ecosystem
under consideration; and (2) whose introduction may cause or causes
economic or environmental harm or harm to human health. For the purposes
of this chapter, invasive plant species include any plant species
listed on the California Invasive Plant Inventory and/or the U.S.
Department of Agriculture Invasive and Noxious Plant Database, regardless
of rating (watch, limited, moderate or high).
"Noxious plant species"
means any plant species that is injurious to agricultural
crops, natural habitats/ecosystems, and/or humans and livestock. For
the purposes of this chapter, noxious plant species include any plant
species designated by the weed control regulations in the Federal
Noxious Weed Control and Eradication Act of 2004 and identified on
a regional district noxious plant species control list.
"Nuisance plant species"
means any plant species that is either: (1) not designated
as "noxious" or "invasive" in this section, but may cause or causes
a threat to public health and safety; or (2) is designated as "noxious"
or "invasive" but requires special attention to avoid potential threats
to public health and safety. Nuisance plant species include, but are
not limited to, the following species: Washingtonia robusta, Dalbergia sissoo and Euphorbia tirucalli.
C. Prohibitions.
All plant species categorized as "invasive," "noxious," and "nuisance"
are hereby prohibited within the city's jurisdiction. This prohibition
includes, but is not limited to, the following:
1. Plant species categorized as "invasive," "noxious," or "nuisance" are prohibited from use in landscape design plans as outlined in Section
24.04.050 of Title
24 of the Palm Desert Municipal Code.
2. Plant
species categorized as "invasive," "noxious," or "nuisance" shall
not be installed on city property, including parks, parkway areas,
and rights-of-way.
3. Plant
species categorized as "invasive," "noxious," or "nuisance" shall
not be installed on private property.
D. Violations and Penalties. Any new development that plants or replants a species categorized as "invasive," "noxious," or "nuisance" within the city's jurisdiction shall be in violation of this section and shall be subject to the enforcement and penalties set forth in Section
24.04.140 of Title
24 of the Palm Desert Municipal Code.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022; Ord. 1387 § 3, 2022)
A. A regular
maintenance schedule containing the following conditions shall be
submitted with the certificate of completion for all projects:
1. Landscapes
shall be maintained to ensure water efficiency. The regular maintenance
schedule shall include, but not be limited to, routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching
turf areas; replenishing decomposed granite ground cover; fertilizing;
pruning, weeding, and removing any obstruction to emission devices
in all landscaped areas.
2. Whenever
possible, repair of irrigation equipment shall be done with the originally
specified materials or their equivalents.
3. Operation
of irrigation systems outside the normal watering window is allowed
for auditing and system maintenance.
4. Landscape
and irrigation maintenance activities shall be pursuant to those described
in the current edition of the city's "Desert Flora Maintenance" publication.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
Landscape irrigation audits shall be completed for new developments
and existing landscape pursuant to CVWD Ordinance 1302.1.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
Grading design plans per Title
27 of the Palm Desert Municipal Code shall be submitted as part of the landscape documentation package. For the purpose of this section, the grading design plan shall meet and shall be submitted pursuant to CVWD Ordinance 1302.1.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
Certificates of completion shall be certified by a license architect
or designer of record per CVWD Ordinance 1302.1 and submitted to the
city of Palm Desert for all projects.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
Existing landscapes in excess of one acre in size shall be subject
to a landscape audit, irrigation survey, and water use analysis pursuant
to CVWD Ordinance No. 1302.1, Landscape and Irrigation System Design
Criteria.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system installed or maintained in violation of this chapter, including those failing to conform to approved landscaping plans, is declared to be a public nuisance under Section
8.70.010 and
8.70.030 and is subject to abatement pursuant to Chapter
8.20.
B. Nuisance Water. The operation of a landscape irrigation system that creates overspray and/or runoff onto impervious surfaces (such as sidewalks, driveways, ditches, gutters, and roadways) in the public right-of-way shall be deemed to create nuisance water when such condition is observed to exist on any three days within a seven-day period. Nuisance water is a public nuisance under Section 8.20.020(T)(8) and subject to abatement pursuant to Chapter
8.20.
C. Variances.
The city manager or their designee may, in writing, grant variances
to persons who apply in writing for water uses prohibited by this
chapter if it is found that a variance is necessary to prevent an
emergency condition relating to health and safety, and if the person
seeking a variance has demonstrated that he or she has implemented
measures in some other manner that achieves the objectives of the
chapter.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
For the purposes of meeting its obligations under this chapter,
the following fees are deemed necessary to review landscape documentation
packages and monitor landscape irrigation audits and shall be imposed
on the subject applicant, property owner or designee.
A. A landscape
documentation package review fee will be due at time of initial project
application submission to the public works department.
B. The
water purveyor may require every five years the project owner/developer
to cause a landscape irrigation audit to be completed by a certified
landscape irrigation auditor. No city fee will be due for the review
of the audit by the director of public works.
C. If
a landscape documentation package is not submitted prior to the start
of landscape construction work by those persons required to submit
a package, a late submittal fee of twice the review fee shall be charged.
D. The
city council, by resolution, shall establish the amount of the above
fees in this section in accordance with applicable law.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
A. For
the purposes of ensuring that persons comply with the provisions of
this chapter, the city manager or their designee may, following written
notice to subject property owner(s), initiate enforcement action(s)
against such property owner(s) or designee(s), which enforcement action
may include, but not be limited to, the following:
1. Revocation
of a landscape documentation package;
2. Revocation
of an approved conditional use permit;
3. Withholding
issuance of a certificate of use, certificate of occupancy, or building
permit;
4. Issuance
of a stop work order;
5. Public nuisance abatement pursuant to Chapter
8.20; and
B. Any
landscaping that is installed, constructed, altered, enlarged, converted,
moved, or maintained contrary to the provisions of this chapter and/or
CVWD Ordinance No. 1302.1, or failure to comply with any of the conditions
of an approved landscape documentation package, permit, precise plan,
conditional use permit or variance granted by the architectural review
commission, planning commission, and city council under this chapter
or CVWD Ordinance No. 1302.1, is declared to be unlawful. Any property
owner, person, firm, corporation, agent, employee or contractor, otherwise
violating any provision of this chapter or CVWD Ordinance No. 1302.1
shall be guilty of an infraction and shall be punishable as provided
herein.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)
Decisions made by the director of public works may be appealed
by an applicant, property owner(s) or designee(s) of any applicable
project to the city manager in writing, within fifteen days from the
date of notification of decision. The city manager's decision may
be appealed to the city council by an application in writing to the
city clerk of the city council within fifteen days from the date of
notification of decision.
(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)