A. 
The purpose of this chapter is to establish a water conservation and supply shortage program that will reduce water consumption within the city of Pico Rivera through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
B. 
This chapter establishes permanent water conservation standards intended to alter behavior related to water use efficiency for non-shortage conditions and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies.
(Ord. 1056 § 1, 2009)
The following words and phrases whenever used in this chapter shall have the meaning defined in this section:
"City"
means the city of Pico Rivera.
"Person"
means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water provided by the city.
"Landscape irrigation system"
means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
"Large landscape areas"
mean a lawn, landscape or other vegetated area, or combination thereof, equal to more than one acre of irrigable land.
"Single pass cooling systems"
mean equipment where water is circulated only once to cool equipment before being disposed.
"Potable water"
means water which is suitable for drinking.
"Recycled water"
means the reclamation and reuse of nonpotable water for beneficial use.
"Billing unit"
means the unit of water used to apply water rates for the purposes of calculating water charges for a person's water usage.
(Ord. 1056 § 1, 2009)
A. 
The provisions of this chapter apply to any person in the use of any potable water provided by the city.
B. 
The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire or other similar emergency services.
C. 
The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
D. 
This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state or local statutes, ordinances or regulations relating to protection of water quality or control of drainage or runoff.
(Ord. 1056 § 1, 2009)
The following water conservation requirements are effective at all times and shall be permanent. Violations of this section shall be considered waste and an unreasonable use of water.
A. 
Limits on Water Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of ten a.m. and four p.m. Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
B. 
Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended to is limited to no more than fifteen minutes of water per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour and weather based controllers or stream rotor sprinklers that meet a seventy percent efficiency standard.
C. 
No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, street, alley, gutter or ditch is prohibited.
D. 
No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including, but not limited to, sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive selfclosing water shut-off device or a low-volume, high pressure cleaning machine equipped to recycle any water used.
E. 
Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user's plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than fourteen days of receiving notice from the city, is prohibited.
F. 
Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited after April 1, 2010.
G. 
Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility.
H. 
Drinking Water Served Upon Request Only. Eating or drinking establishments, including, but not limited to, a restaurant, hotel, café, cafeteria, bar, club or other public place where food or drinks are sold, served or offered for sale, are prohibited from providing drinking water to any person unless expressly requested.
I. 
Commercial Lodging Establishments Must Provide Option to Not Launder Linen Daily. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments shall prominently display notice of this option in each bathroom using clear and easily understood language.
J. 
No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K. 
No Installation of Nonrecirculating Commercial Car Wash and Laundry Systems. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L. 
Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafés, are prohibited from using nonwater conserving dish wash spray valves.
(Ord. 1056 § 1, 2009)
A. 
A Level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply reductions, a water shortage exists and a consumer demand reduction is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration by the city of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section. The type of event that may prompt the city to declare a Level 1 water supply shortage may include, among other factors, a finding that its wholesale water provider calls for extraordinary water conservation.
B. 
Additional Water Conservation Measures. In addition to the prohibited uses of water identified in Section 13.70.040, the following water conservation requirements apply during a declared Level 1 water supply shortage:
1. 
Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to three days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. 
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user's plumbing or distribution system must be repaired within seventy-two hours of notification by the city unless other arrangements are made with the city.
3. 
Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 1056 § 1, 2009)
A. 
A Level 2 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other supply reductions, a water supply shortage exists and a consumer demand reduction is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration by the city of a Level 2 water supply shortage condition, the city will implement the mandatory Level 2 conservation measures identified in this section.
B. 
Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.70.040 and 13.70.050, the following additional water conservation requirements apply during a declared Level 2 water supply shortage:
1. 
Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to two days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. 
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within forty-eight hours of notification by the city unless other arrangements are made with the city.
3. 
Limits on Filling Ornamental Lakes or Ponds. Filling or refilling ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life, provided that such animals are of significant value and have been actively managed within the water feature prior to the declaration of a supply shortage level under this chapter.
4. 
Limits on Washing Vehicles. Using water to wash or clean a vehicle, including, but not limited to, any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.
5. 
Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited.
6. 
Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
D. 
In addition to the above procedures during a Level 2 water supply shortage, the city may adopt the following procedures:
1. 
Water Allocations/Water Budget. The city will establish a water allocation for property served by the city using a method that does not penalize persons for the implementation of conservation methods of the installation of water saving devices. The city must provide notice of the allocation by including it in the regular billing statement for the fee or charge or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for on-going water service.
Following the effective date of the water allocation as established by the city, any person that uses water in excess of the allocation will be subject to a citation in accordance with Section 13.70.210. Any monetary penalty for excess water usage may be imposed for violation of this chapter.
2. 
Water Supply Shortage Rates. During a Level 2 water supply shortage condition, the city may increase water rates by an amount necessary, as determined by the city. The increase in water rates may vary from categories of customers.
3. 
Mandatory Percentage Use Reductions. During a Level 2 water supply shortage condition, all customers will be required to reduce water consumption by a percentage determined by the city.
(Ord. 1056 § 1, 2009)
A. 
A Level 3 water supply shortage condition is also referred to as an "emergency" condition. A Level 3 condition exists when the city declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to ensure sufficient supplies will be available to meet anticipated demands. Upon the declaration of a Level 3 water supply shortage emergency condition, the city will implement the mandatory Level 3 conservation measures identified in this section.
B. 
A Level 3 water supply shortage emergency exists when the city declares a water shortage emergency condition pursuant to California Water Code Section 350 and notifies its residents and businesses that more than a thirty percent consumer demand reduction is required to ensure sufficient supplies for human consumption, sanitation and fire protection. The city must declare a water supply shortage emergency in the manner and on the grounds provided in California Water Code Section 350.
C. 
Additional Conservation Measures. In addition to the prohibited uses of water identified in Sections 13.70.040, 13.70.050, and 13.70.060 the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:
1. 
No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction shall not apply to the following categories of use unless the city has determined that recycled water is available and may be lawfully applied to the use:
a. 
Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or a very low-flow drip type irrigation system when no emitter produces more than two gallons of water per hour subject to the hour restrictions in Section 13.70.040;
b. 
Maintenance of existing landscape necessary for fire protection;
c. 
Maintenance of existing landscape for soil erosion control;
d. 
Maintenance of plant materials identified to be rare or essential to the well being of rare animals;
e. 
Maintenance of landscape within active public parks and playing fields, day care center, school grounds, cemeteries, and golf course greens, provided that such irrigation does not exceed two days per week;
f. 
Public works projects and actively irrigated environmental mitigation projects.
2. 
Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks or other malfunctions in the water user's plumbing or distribution system must be repaired within twenty-four hours of notification by the city unless other arrangements are made with the city.
3. 
No New Potable Water Service. Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service may be provided, no new temporary meters or permanent meters may be provided, and no statements of immediate ability to serve or provide potable water service (such as, will serve letters, certificates, or letters of availability) may be issued, except under the following circumstances:
a. 
A valid, unexpired building permit has been issued for the project; or
b. 
The project is necessary to protect the public's health, safety and welfare;
c. 
The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service of the restoration of service that has been interrupted for a period of one year or less.
d. 
Discontinue Service. The city, in its sole discretion, may discontinue service to consumers who willfully violate provisions of this section.
e. 
Other Prohibited Uses. The city may implement other prohibited water uses as determined by the city, after notice to customers.
(Ord. 1056 § 1, 2009)
A. 
Declaration and Notification of Level 1 and 2 Water Supply Shortage. The existence of Level 1 and Level 2 water supply shortage conditions may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1 or Level 2 conditions shall take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for publication of official notices. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
B. 
Declaration and Notification of Level 3 Water Supply Shortage. The existence of a Level 3 water supply shortage emergency condition may be declared in accordance with the procedures specified in Water Code Sections 351 and 352. The mandatory conservation requirements applicable to the Level 3 conditions shall take effect on the tenth day after the date the shortage level is declared. Within five days following the declaration of the shortage level, the city shall publish a copy of the resolution in a newspaper used for the publication of official notices. If the city establishes a water allocation, it shall provide notice of the allocation by including it in the regular billing statement or by any other mailing to the address to which the city customarily mails the billing statement for fees or charges for ongoing water service. A water allocation shall be effective on the fifth day following the date of mailing or at such later date as specified in the notice.
(Ord. 1056 § 1, 2009)
Effective on January 1, 2011, all commercial conveyor car wash systems are required to have installed an operational recirculating water system, or must have secured a waiver of this requirement from the city.
(Ord. 1056 § 1, 2009)
Large landscape areas, such as parks, cemeteries, golf courses, school grounds and playing fields that use landscape irrigation systems to water or irrigate, must use landscape irrigation systems with rain sensors that automatically shut off such systems during periods of rain or irrigation timers, which automatically use information such as evapotranspiration sensors to set an efficient water use schedule.
(Ord. 1056 § 1, 2009)
Upon the declaration of a Level 2 water supply shortage condition, the city will suspend consideration of annexations to its service area. This subsection does not apply to boundary corrections and annexations that will not result in any increased use of water.
(Ord. 1056 § 1, 2009)
Upon the declaration of a Level 3 water supply shortage condition, the city will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city's adopted conservation offset requirements.
(Ord. 1056 § 1, 2009)
The use of potable water, other than recycled water, is prohibited for specified uses after the city has provided to the customer an analysis showing that recycled water is a cost-effective alternative to potable water for such uses and the customer has had a reasonable time, as determined by the city manager, to make the conversion to recycled water.
(Ord. 1056 § 1, 2009)
Prior to the connection of any new water service, an evaluation must be done by the city to determine whether recycled water exists to supply all or some of the water needed and recycled water must be utilized to the extent feasible.
(Ord. 1056 § 1, 2009)
A. 
The city manager must prepare a water recycling master plan that contains recommendations to increase the amount of recycled water used and shall report to the city council annually on progress towards implementing such recommendations.
B. 
Upon request of the city manager, city departments must prepare and submit quarterly reports on their water conservation efforts. The reports will be consolidated by the city manager and reported to the city council at a minimum of once a year.
C. 
The city may, by written request, require all commercial, residential and industrial customer using twenty-five thousand or more billing units per year to submit a water conservation plan and to submit quarterly progress reports on such plan. The conservation plan must include recommendations for increased water savings, including increased water recycling based on feasibility, and the reports must include progress to date on implementation of such recommendations.
(Ord. 1056 § 1, 2009)
A. 
On or after January 1, 2010, no structure shall be sold or transferred unless all existing plumbing fixtures in the structure are retrofitted exclusively with water-conserving plumbing fixtures.
B. 
On or after January 1, 2010, upon the establishment of new water service or a change in water service from one person to another nonfamily member, all existing plumbing fixtures are required to be retrofitted exclusively with water-conserving plumbing fixtures.
(Ord. 1056 § 1, 2009)
The director of public works shall periodically review the provisions of this chapter and recommend necessary updates to the city attorney. The review of the provisions and preparation of resulting recommendations, if any, shall be performed, at a minimum, every two years following the first review, which shall be completed by December 31, 2010.
(Ord. 1056 § 1, 2009)
A. 
Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B. 
Written Finding. The waiver may be granted or conditionally granted only upon written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user's property.
1. 
Application. Application for a waiver shall be on a form prescribed by the city and shall be accompanied by a nonrefundable processing fee in an amount set by resolution of the city.
2. 
Supporting Documentation. The application shall be accompanied by photographs, maps, drawings, and other information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the city or its agent, all of the following:
a. 
That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other residents and businesses;
b. 
That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to residents and businesses generally;
c. 
That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
d. 
That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
3. 
Approval Authority. The city manager or water authority board shall exercise approval authority and act upon any completed application no later than ten days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver shall be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver applies to the subject property during the term of the mandatory water supply shortage condition.
4. 
Appeals to the City. An applicant may appeal a decision or condition of the city manager or water authority board on a waiver application to the city council within ten days of the decision upon written request for a hearing. The request shall state the grounds for appeal. At a public meeting, the city council shall act as the approval authority and review the appeal de novo by following the regular waiver procedure. The decision of the city council is final.
(Ord. 1056 § 1, 2009)
A. 
Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor subject to a fine not exceeding five hundred dollars.
B. 
Civil Penalties. Any violation of this chapter may be subject to a civil penalty. Civil penalties for failure to comply with any provisions of the chapter shall be as follows:
1. 
First Violation. The city shall issue a written warning and deliver a copy of the ordinance codified in this chapter by mail.
2. 
Second Violation. A second violation within the preceding twelve calendar months is punishable by a fine not to exceed one hundred dollars.
3. 
Third Violation. A third violation within the preceding twelve calendar months is punishable by a fine not to exceed five hundred dollars.
C. 
Water Flow Restrictor. In addition to any fines, the city may install a water flow restrictor device of approximately one gallon per minute capacity for service up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of forty-eight hours.
D. 
Termination of Service. In addition to any fines and the installation of a water flow restrictor, the city may disconnect and/or terminate a customer's water service.
E. 
Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the city's charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the city's schedule of charges then in effect. The charge for installing and/or removing any flow restricting device shall be paid to the city before the device is removed. Nonpayment shall be subject to the same remedies as nonpayment of basic water rates.
F. 
Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
G. 
Notice and Hearing.
1. 
The city shall issue a notice of violation by mail or personal delivery at least ten days before taking enforcement action and said notice shall describe the action to be taken. A customer may appeal the notice of violation by filing a written notice of appeal with the city clerk no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed shall be final. Upon receipt of a timely appeal, a hearing on the appeal shall be scheduled in a timely manner, and the city shall mail written notice of the hearing to the customer at least ten days before the date of the said hearing.
2. 
Upon receiving a written notice of appeal, a hearing on the matter shall be held within thirty days the notice was received by the city before a hearing officer appointed by the city manager. Upon hearing all of the evidence presented by the city and the appellant, the hearing officer shall prepare a written decision within thirty days of the hearing.
3. 
Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition.
(Ord. 1056 § 1, 2009)
The purpose of this chapter is:
A. 
That this chapter be at least as effective in conserving water as the model ordinance adopted pursuant to Government Code Section 65595;
B. 
To assure beneficial, efficient, and responsible use of water resources for all users within the city of Pico Rivera;
C. 
To retain the land's natural hydrological role and promote the infiltration of surface water into the groundwater;
D. 
To acknowledge that landscape water use accounts for more than sixty percent of all domestic water use in the city;
E. 
To recognize that landscapes enhance the aesthetic appearance of developments and communities;
F. 
To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;
G. 
To preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible;
H. 
To promote and encourage the use of low water use plants;
I. 
To minimize the use of cool season turf;
J. 
To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications;
K. 
To promote public education about water conservation and efficient water management;
L. 
To reduce or eliminate water waste.
(Ord. 1061 § 1, 2010)
"Administrator"
means the department or person at the city who has the authority to approve a permit, plan check, and design review for a project.
"Amendments"
means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.
"Anti-drain check valve"
means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.
"Applicant"
means the individual or entity submitting a landscape documentation package required under this chapter or state law, to request a permit, plan check, or design review from the city. A project applicant may be the property owner or designee.
"Application rate"
means the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour.
"Applied water"
means the portion of water supplied by the irrigation system to the landscape.
"Automatic rain shut-off feature"
means a system of which a component automatically suspends the irrigation system event when it rains.
"Backflow prevention device"
means a safety device used to prevent pollution or contamination of the potable water supply due to the reverse flow of water from the irrigation system.
"Botanical gardens and arboretums"
means a garden in which a variety of plants is grown for scientific and educational purposes.
"Certified landscape irrigation auditor"
means a person certified to perform landscape irrigation audits by an accredited educational institution or professional trade organization.
"Control valve"
means a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.
"Controller"
means an automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).
"Developer"
means a landowner or owner's agent responsible for the development of land. It does not include homeowners or landlords of single-family homes.
"Discretionary permit"
means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or disapproval.
"Ecological restoration project"
means a project where the site is intentionally altered to establish a defined, indigenous, and/or historic ecosystem.
"Estimated applied water use (EAWU)"
means the portion of the estimated total water use that is derived from applied water. The landscape documentation package shall contain the formula and calculation. The estimated water use shall not exceed the maximum applied water allowance.
"Estimated total water use (ETWU)"
means the total water used for the landscape.
"ET adjustment factor" or "ETAF"
is equal to the plant factor divided by the irrigation efficiency factor for a landscape project. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this chapter except that the ETAF for a special landscape area shall not exceed 1.0.
"Hardscape"
means any durable material or feature installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this chapter.
"High water use plants"
means turfs, annuals, container plantings, and other plants recognized in the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.
"Hydrozone"
means a section or zone of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydrozone may be irrigated or non-irrigated.
"Infiltration rate"
means the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).
"Invasive species"
means nonindigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically.
"Irrigation audit"
means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.
"Irrigation efficiency"
means the measurement of the amount of water beneficially used divided by the amount of amount applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.71.
"Irrigation system"
means the network of piping, valves, and irrigation heads.
"Landscape architect"
means a person licensed to practice landscape architecture in this state pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.
"Landscape concept plan"
means the portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, the plant palette, and conforms with the requirements of this chapter.
"Landscape construction drawings"
means the portion of a landscape documentation package that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of this chapter.
"Landscape documentation package" or "documentation package"
means the complete packet of documents required under this chapter to be submitted to the city. Documentation packages include the landscape concept plan and landscape construction drawings.
"Local water purveyor"
means any entity, including a public agency, city, county or private water company that provides retail water service.
"Low head drainage"
means drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.
"Low water use plants"
mean Mediterranean region and native trees, shrubs and groundcovers and other plants recognized as low-water-use by the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.
"Maximum applied water allowance" or "MAWA"
means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.
"Moderate water use plants"
mean ornamental trees, shrubs, groundcovers, perennials, and other plants recognized as moderate-water-use by the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.
"Mulch"
means any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.
"Operating pressure"
means the pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler.
"Overspray"
means the water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures, or other non-landscaped areas.
"Planting plan"
means a plan submitted with the construction drawings indicating a list and quantity of plants.
"Potable water"
means water meant for human consumption that is treated to legal standards for human consumption.
"Pressure regulator"
means a device used in sprinkler systems for radius and high-pressure control.
"Project net landscape area," "landscaped area," or "landscape project area"
means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other previous or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment.
"Rain sensor"
means a system component that detects rainfall and automatically overrides the irrigation system during rain events.
"Recycled water"
means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. Recycled water shall not be intended for human consumption.
"Rehabilitated landscapes"
means any relandscaping project that requires a permit, plan check, or design review and meets the requirements of this chapter.
"Runoff"
means water that is not absorbed by the soil or landscape to which it is applied and flows from the area.
"SMART irrigation controller"
means weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.
"Soil management plan"
means a plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.
"Soil test"
means a test done by a soil test lab that indicates at minimum soil texture, water holding capacity, pH, and clay.
"Soil type"
means the classification of soil based on the percentage of its composition of sand, silt, and clay.
"Special landscape area"
means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface.
"Sprinkler head"
means a device that delivers water through a nozzle.
"Static water pressure"
means the pipeline or municipal water supply pressure when water is not flowing.
"Submeter"
means a separate meter that is located on the private side of the water system and is plumbed to measure all water that flows only through the irrigation system intended for landscaping. The meter is to be used to monitor irrigation water use for landscaping.
"Turf"
means a surface layer of earth containing mowed grass or grass-like sedge with its roots, a groundcover surface of moved grass or grass-like sedge. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tail fescue are common cool-season turf. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass are common warm-season turf.
"Water efficient landscape worksheet"
means a worksheet that calculates a site's water budget.
"Water feature"
means any water applied to the landscape for nonirrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features.
"Water management plan"
means a plan submitted with the construction drawings as part of the landscape documentation package.
"Water schedules"
means a schedule of irrigation times throughout a given year.
"Water-conserving landscape design"
means a landscape design developed to conserve water.
(Ord. 1061 § 1, 2010)
A. 
All planting, irrigation, and landscape-related improvements required by this chapter shall apply to the following landscape projects:
1. 
New construction and rehabilitated landscapes for public agency projects and private development projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.
2. 
New construction and rehabilitated landscapes which are developer-installed residential projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.
3. 
New construction which are homeowner-installed residential projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.
4. 
Existing landscapes that are one acre or more are limited to preparing a water efficient landscape worksheet pursuant to the specifications for existing landscapes in the landscape documentation package.
5. 
Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall prepare a water efficient landscape worksheet, landscape and irrigation maintenance schedule, and irrigation audit, survey and water use analysis. Existing cemeteries are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation package.
6. 
Special landscaped areas, such areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play, shall prepare a water efficient landscape worksheet and landscape documentation package according to the specifications for special landscaped areas.
B. 
This chapter 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. 
Botanical gardens and arboretums open to the public.
(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)
A landscape documentation package prepared by a licensed landscape architect shall include the following landscape design criteria:
A. 
Plant Selection and Grouping.
1. 
Any plant may be used in the landscape, providing the EAWU does not exceed the MAWA and that the plants must meet the specifications set forth in this subsection.
2. 
Plants which have similar water needs shall be grouped together in distinct hydrozones.
a. 
Low and moderate water use plants can be mixed but the entire hydrozone will be classified as moderate water use for MAWA calculations.
b. 
High water use plants shall not be mixed with low or moderate water use plants.
3. 
Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged.
4. 
The Minimal Use of Turf.
a. 
Turf areas shall be used wisely in response to functional needs and shall not exceed the MAWA.
b. 
Where turf is installed, the use of warm season turf is strongly encouraged.
c. 
Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length.
5. 
Fire prevention needs shall be addressed in areas that are fire prone. Design should be consistent with regulations from the fire department.
6. 
Invasive species of plants as listed by the California Invasive Plant Council should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to sensitive areas.
7. 
Encourage the appropriate use of mulch within developed landscapes to retain moisture.
a. 
Stabilizing mulching products shall be used on slopes greater than 3:1.
b. 
A minimum layer of two inches of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping groundcovers or areas where mulch is not advisable. The plans shall identify the type of mulch and application depth.
B. 
Water Features.
1. 
Recirculating water systems shall be used for decorative water features.
2. 
Where available, recycled water shall be used as the source for water fixtures (excluding swimming pools and spas).
3. 
The surface area of a water feature will be included in the MAWA calculation with the evaporation rate.
(Ord. 1061 § 1, 2010)
A. 
All irrigation systems shall be designed to prevent runoff, over-spray, low head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible.
B. 
Dedicated and separate landscape water meters shall be installed for all projects greater than five thousand square feet, except for single-family residences. Dedicated landscape water meters are highly recommended on landscape areas less than five thousand square feet to facilitate water management.
C. 
All irrigation systems shall include:
1. 
A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions, shall be required. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements;
2. 
Anti-drain check valves shall be installed to prevent low-head drainage in sprinkler heads;
3. 
A pressure regulator when the static pressure exceeds the maximum recommended operating pressure of the irrigation system;
4. 
A rain sensor with an automatic rain shut-off feature shall be required;
5. 
A backflow prevention device;
6. 
Connection to reclaimed water system if subject property is located within one hundred fifty feet of a public reclaimed water distribution system, and subject to appropriate health standards;
7. 
Installation that conforms to the current Uniform Plumbing Code;
8. 
Irrigation shall comply with the city's water conservation regulations in Chapter 13.70 of this code.
(Ord. 1061 § 1, 2010)
A. 
Soil testing shall be performed after mass grading if applicable, prior to landscape installation to ensure the selection of appropriate plant material that is suitable for the site, and reported in a soil management plan. The soil management plan shall include:
1. 
Determination of soil texture, indicating the available water holding capacity;
2. 
An approximate soil infiltration rate measure or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate;
3. 
Measure of pH and total soluble salts;
4. 
For landscape installations, compost at a rate of minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
5. 
For landscape installations, a minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
6. 
Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
7. 
Recommended amendments.
B. 
Grading on-site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy all other applicable laws related to grading and be submitted as part of the landscape documentation package.
C. 
Where slopes exceed ten percent, a grading plan drawn at the same scale as the planting plan that accurately and clearly identifies finished grades, drainage patterns, pad elevations, spot elevations, and stormwater retention improvements.
(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)
Applicants subject to the requirements of this chapter shall submit a complete landscape documentation package to the administrator. The package may be submitted in two parts: a landscape concept plan, which is submitted with an application for a zoning approval or similar approval; and landscape construction drawings, submitted with the plan check or building permit application. All applications and plans shall conform to the design criteria, irrigation, soils and grading requirements, recycled water requirements and water budget requirements set forth in this chapter.
A. 
The landscape concept plan shall include:
1. 
Design statement, irrigation notes, planting notes, and a conceptual plant palette identification of proposed hydrozones;
2. 
MAWA circulation for the landscape project area (including water features);
3. 
ETWU calculation for the landscape project area;
4. 
Hydrozone information.
B. 
The landscape construction drawings shall include:
1. 
Compliance with the design standards and specifications contained in this chapter;
2. 
Compliance with the landscape concept plan. If the construction drawings differ from the landscape concept plan, the applicant may be required to submit a revised landscape concept plan;
3. 
An irrigation plan. The irrigation plan shall be a separate document from the planting plan. The irrigation plan shall be prepared pursuant to the requirements in this chapter and include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply;
4. 
A planting plan and soils plan which shall include, but not be limited to:
a. 
A description of any existing plant material to be retained or removed,
b. 
A plan showing the planting areas and hydrozones, plant spacing, plant location, and size, natural features, water features and all paved areas,
c. 
A legend listing the common and botanical plant names and total quantities by container size and species,
d. 
A description of the seed mixes with application rates and relevant germination specifications,
e. 
Soil management plan, including the soil test results and recommendations,
f. 
The grading plan shall be submitted for reference;
5. 
A water management plan which shall include, but not be limited to:
a. 
An introduction and statement of site conditions as described in this section or in the landscape concept plan,
b. 
Identification of the party or parties responsible for implementation of the water management plan,
c. 
The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor,
d. 
A description of the water delivery systems, including the type of irrigation system to be used, water conservation methods to be applied, and precipitation rates for each hydrozone, e Season irrigation water schedules or procedures for programming of proposed SMART controllers,
f. 
A maintenance plan for the ongoing operation and maintenance of the irrigation system,
g. 
All applications for model homes shall include the nature of public information documents and signage that will be placed at model homes describing water conservation principles used in the landscaping for the model home.
C. 
An applicant submitting a landscape documentation project shall include with the documentation package any fees established by the city to cover the city's cost to review any submitted documents.
(Ord. 1061 § 1, 2010)
The community and economic development department shall have the duty and authority to administer the provisions of this chapter until such time the certificate of completion is completed. The public works department shall work with the community and economic development department to ensure compliance with other provisions in this code and with state law regarding the conservation of water. The public works department shall also have the duty and authority to administer the provisions of this chapter for any property that has had its certificate of completion certified.
A. 
A project must proceed with the following review and approval process:
1. 
Prior to the issuance of a building permit, a complete landscape documentation package prepared by an independent licensed landscape architect shall be submitted to the administrator for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this chapter. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review.
2. 
Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a certificate of completion shall be submitted to the administrator certifying that the landscaping has been completed in accordance with the approved planting and irrigation plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate the following:
a. 
The landscaping has been installed in conformance with the approved planting and irrigation plans;
b. 
The SMART irrigation controller has been set according to the irrigation schedule;
c. 
The irrigation system has been adjusted to maximize irrigation efficiency and eliminate over-spray and run-off; and
d. 
A copy of the irrigation schedule has been given to the property owner.
3. 
Upon receipt of a certificate of completion, the city shall either approve or deny the certificate of completion. If the certificate of completion is denied, the city shall not be obligated to issue an occupancy permit and will provide information to the project applicant regarding necessary corrections, appeal, or other assistance.
4. 
Upon notice of the applicant, the administrator shall have the right to enter the project site to conduct inspections for the purpose of enforcing this chapter, before, during, and immediately after installation of the landscaping.
5. 
A copy of the completed landscape documentation package shall be given to the planning division and public works department. If the property is found to be in excess of their established MAWA, the property shall be subject to an irrigation audit.
B. 
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the city. The city public works department may require mandatory irrigation audits at the property owners' expense to demonstrate that the landscaping conforms to the MAWA.
C. 
An irrigation audit shall proceed as follows:
1. 
The applicant shall submit an irrigation audit to the city upon the public works department's request pursuant to this chapter.
2. 
In the event that the applicant does not submit an irrigation audit to the city within sixty days after the public works department has requested an irrigation audit be submitted, the public works department may conduct an irrigation audit and charge the property owner any and all fees associated with the irrigation audit.
D. 
In addition to any other remedies provided for in the code, any violation of this chapter and failure to comply with the terms of the landscape documentation package and certificate of completion submitted to the city pursuant to this code may be enforced by a civil action brought by the city.
1. 
In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:
a. 
A temporary and/or permanent injunction;
b. 
An assessment of the violator for the costs of any investigation which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this chapter;
c. 
Any other costs incurred in enforcing the provisions of this chapter;
d. 
Any other action the city deems appropriate to protect the general welfare and the city's water supplies, and to reduce water consumption in accordance with this chapter and with the declared policies and law of the state.
2. 
Assessments under this section shall be paid to the city to be used exclusively for costs associated with implementing or enforcing this chapter.
E. 
In addition to any other remedies provided for in this chapter, any violation of this chapter shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars or a term in County Jail not to exceed six months. A violation may also be an infraction punishable by a fine not to exceed two hundred fifty dollars. Any person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person.
F. 
If, after the adoption of the ordinance codified in this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)
Landscape and irrigation improvements required by this chapter shall be continually maintained in optimal conditions at all times. Maintenance shall include, but not be limited to:
A. 
Fertilizing;
B. 
Irrigation head adjustments, repairs and replacements, per original approval;
C. 
Maintaining adequate water pressure;
D. 
Pruning and weeding all landscaping within the property;
E. 
Removing all dead plant material;
F. 
Replacing all dead plant material, per original approval;
G. 
Replenishing mulch;
H. 
Resetting, repairing or replacing the SMART automatic controller, per original approval;
I. 
Valve adjustments, repairs and replacements, per original approval.
(Ord. 1061 § 1, 2010)
A. 
The installation of recycled water irrigation systems (i.e., dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption by the city's public works department has been granted stating that recycled water will not be available in the foreseeable future.
B. 
Irrigation systems shall make use of recycled water unless a written exemption has been granted by the public works department stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future or where the physical constraints or functional difficulties would make the use of recycled water irrigation systems impracticable.
C. 
The public works department may grant an exemption from the use of recycled water if the use of recycled water would not meet all relevant public health codes and standards, if the use of recycled water would not be available in the foreseeable future through the local water purveyor, or where the physical constraints or functional difficulties would make the use of recycled water systems impracticable.
D. 
The recycled water irrigation systems shall be designed in accordance with all local agency and state codes.
(Ord. 1061 § 1, 2010)
A. 
Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and increase retention and infiltration are highly recommended onsite.
B. 
Project applicants shall refer to the city or regional water quality control board for information addressing stormwater ordinances and stormwater management plans.
(Ord. 1061 § 1, 2010)
A. 
Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the local water purveyor and as may be mutually agreed by the city.
The city and/or the regional or local water purveyor may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency communitywide to a level equivalent to or less than would be achieved by applying a MAWA calculated with an ETAF of 0.8 to all landscaped areas in the city over one acre in size.
B. 
The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(Ord. 1061 § 1, 2010)
A. 
The city manager or designee shall serve an invoice for costs upon the person or responsible person who is subject to a notice of a violation, a cease and desist order, or an administrative compliance order. An invoice for costs shall be immediately due and payable to the city. If any person or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance to the provisions in this chapter, then the city may institute collection proceedings. The invoice for costs may include reasonable attorneys' fees.
The city shall impose any other penalties or regulatory fees, as fixed from time to time by resolution of the city council, for a violation or enforcement of this chapter.
B. 
In addition to the costs which may be recovered pursuant to the code, and in order to recover the costs of the water efficient landscape regulatory program set forth in this chapter, the city council may from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:
1. 
Any visits of any enforcement officer, or any other city staff or authorized representative of the city for time incurred for inspections of the property;
2. 
Any monitoring, inspection, and surveillance procedures pertaining to enforcement of this chapter;
3. 
Any audits conducted by the city pursuant to this chapter;
4. 
Enforcing compliance with any term or provision of this chapter;
5. 
Any other necessary and appropriate fees and charges to recover the cost of providing the city's water efficient landscape regulatory program.
(Ord. 1061 § 1, 2010)
A. 
The applicant or any affected person may appeal the final decision of staff regarding any approvals required under this chapter by filing a written notice of appeal to the city council within ten business days after the date of the final decision in writing.
B. 
An appeal, established by the city, shall be required for each appeal under this section. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid.
(Ord. 1061 § 1, 2010)