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.
"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)
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)
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)
Recycled or nonpotable water must be used for construction purposes
when available.
(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)
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)
The city must establish a method for residents to report violations
of this chapter.
(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.
"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.
"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.
"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.
"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.
"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.
"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.
"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.
"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 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.
(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. 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.
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;
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:
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;
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)