A.
Hi-Desert Water District is the only retail supplier of municipal water for the benefit of persons and entities within its service area, including the Town of Yucca Valley and a portion of the county of San Bernardino.
B.
An adequate water supply is necessary to the longevity of the community serviced by Hi-Desert Water District.
C.
The conditions, prohibitions, and restrictions on landscape irrigation meters set forth in this chapter are necessary to reduce the quantity of water used within Hi-Desert Water District's service area for the purpose of conserving the Hi-Desert Water District's water supplies to meet existing and projected water demands.
D.
This chapter is hereby found to be a Class 8 Categorical Exemption under the California Environmental Quality Act, California Public Resources Code Section 21000, et seq. (CEQA). Specifically, this chapter is exempt from CEQA under Title 14 CCR Section 15308, which exempts actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment.
(Ord. 72 § 2, 2001)
This chapter applies to all new and rehabilitated landscaping installed after the effective date of the ordinance codified in this chapter for public agency projects and private development projects that are served by a separate irrigation meter, including but not limited to industrial, commercial, and recreational projects, and developer-installed landscaping in multifamily residential developments, and any other landscaped areas served by a separate irrigation meter.
(Ord. 72 § 3, 2001)
This chapter shall not apply to:
A.
Homeowner-installed landscaping at single-family and multifamily projects.
B.
Cemeteries.
C.
Registered historical sites.
D.
Ecological restoration projects and mined land reclamation projects that do not require a permanent irrigation system.
E.
Any project with a landscaped area less than 500 square feet.
(Ord. 72 § 4, 2001)
The words used in this chapter have the meanings set forth below:
means a factor of 0.66 that when applied to reference evapotranspiration adjusts for plant factors and distribution uniformity (as set forth in Appendix A[1]), and determines the maximum allowable water budget for an individually metered landscaped area.
for recreational areas, means a factor of 0.85 that when applied to reference evapotranspiration adjusts for plant factors and distribution uniformity, and determines the maximum allowable recreation area water budget.
means a factor, expressed as a decimal, that, when multiplied by reference evapotranspiration, estimates the amount of water used by a specific plant. A list of plants and their corresponding KC values is set forth in the Water Use Classification of Landscape Species (WUCOLS) Guide published by the University of California Cooperative Extension. A copy of the WUCOLS Guide will be maintained in the Hi-Desert Water District's headquarters for review and photocopying at the applicant's expense.
means the estimated annual water use for the landscaped area as calculated in the landscape documentation package pursuant to HDWDC § 5.50.070. It is based upon reference evapotranspiration, the crop coefficient of the plants involved, and the size of the landscaped area. The EAWU for a landscaped area equals the sum of the estimated water use of all hydrozones in the project's landscaped areas. The EAWU for the landscaped area shall not exceed the maximum allowable water budget for the landscaped area. The method for calculating estimated annual water use is set forth in Appendix A.
means the first 12 months after installation of the plants in the landscaped area.
means the quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time.
means a portion of the landscaped area having plants with similar water needs that are served by a valve or a set of valves with the same schedule.
For projects with a landscaped area between 500 and 2,500 square feet, a landscape documentation package means completed worksheets including all information as specified in Appendices A, B and C of this chapter. For projects with a landscaped area of 2,500 square feet or greater, a landscape documentation package means a title sheet, a layout, a planting plan, an irrigation plan, and completed worksheets including all information as specified in Appendices A, B and C of this chapter signed by a California-registered landscape architect, if required by the district. For recreational areas, a landscape documentation package means a planting plan, an irrigation plan and completed worksheets including all information specified in Appendices A, C and D of this chapter signed by a California-registered landscape architect, if required by the district.
means only that area where landscape material will be planted and served by an individual irrigation meter.
means the annual maximum allowable water use calculated for the landscaped area pursuant to HDWDC § 5.50.070. It is based upon the reference evapotranspiration, the allowable percentage, and the size of the landscaped area. The method for calculating maximum allowable water budget is set forth in Appendix B[2] of this chapter.
means the annual maximum allowable water use calculated for the recreational area pursuant to HDWDC § 5.50.070. It is based upon the reference evapotranspiration, the allowable percentage defined for the recreational area, and the size of the recreational area. The method for calculating maximum allowable recreational area water budget is set forth in Appendix D[3] of this chapter.
means a factor, expressed as a decimal, that, when multiplied by the maximum allowable water budget for a landscaped area, determines the monthly maximum allowable water budgets for that project. MAFs are based upon monthly historic average reference evapotranspiration for the Victorville California Irrigation Management Information System ("CIMIS") Service Area, Sunset Climate Zone 11, and WULCOS Guide Region No. 5 (High and Intermediate Desert Region). The MAFs for the 12 months of the year are listed in Appendix C[4] of this chapter.
means the maximum water use allowable for each calendar month for the landscaped area as calculated pursuant to HDWDC § 5.50.070. The method for calculating monthly maximum allowable water budgets is set forth in Appendix C of this chapter.
means a landscaped area intended for use for active play or recreation, such as sports fields or schoolyards.
means a standard measurement of environmental parameters which affect the water use of plants. Reference evapotranspiration is given as 74.4 inches of water per year, and represents the annual historic average evapotranspiration of a large field of four inches to six inches of actively growing cool-season grass that is well watered and located in the area of San Bernardino County. Reference evapotranspiration is used as the basis of determining the maximum allowable water budget so that regional differences in climate can be accommodated.
means any modifications to an existing landscaped area that require a permit and result in a landscaped area 500 square feet or larger.
means a device used to control the flow of water in the irrigation system.
(Ord. 72 § 5, 2001)
[1]
Editor's Note: Appendix A Estimated Annual Water Use is included as an attachment to this title.
[2]
Editor's Note: Appendix B Annual Maximum Allowable Water Budget is included as an attachment to this title.
[3]
Editor's Note: Appendix D Maximum Allowable Recreational Area Water Budget is included as an attachment to this title.
[4]
Editor's Note: Appendix C Monthly Maximum Allowable Water Budget is included as an attachment to this title.
As a condition of the issuance of a landscape irrigation meter, the applicant shall submit plans for the proposed landscaping and irrigation of any project subject to this chapter to Hi-Desert Water District for review and approval in conformity with the procedure set forth in HDWDC § 5.50.070. The plans must conform to the provisions of this chapter. No landscape irrigation meter will be issued until the Hi-Desert Water District approves the monthly maximum allowable water budgets for the landscaped area. Any plants may be used in the landscaped area, providing the estimated annual water use for the landscaped area does not exceed the monthly maximum allowable water budgets for the landscaped area.
(Ord. 72 § 6, 2001)
A.
When applying to the Hi-Desert Water District for irrigation water service to a project subject to this chapter, the applicant must provide a completed landscape documentation package for the project as specified in HDWDC § 5.50.050. No irrigation water service will be authorized by the Hi-Desert Water District for any project subject to this chapter until the district reviews and approves the landscape documentation package in accordance with this chapter.
B.
The applicant must also submit a deposit, as established by the district, to cover all estimated Hi-Desert Water District fees for processing the application.
C.
After receipt of a complete landscape documentation package and payment in full of the district's processing fee, the Hi-Desert Water District will determine the monthly maximum allowable water budgets for the landscaped area.
D.
If the Hi-Desert Water District determines that the estimated annual water use for the project does not exceed the monthly maximum allowable water budgets for the project, the Hi-Desert Water District will approve the application and execute a landscape irrigation water agreement for the project substantially in the form in Appendix E[1] of this chapter. The executed landscape irrigation water agreement must be signed by the applicant and returned to Hi-Desert Water District together with payment in full of applicable water service fees in order to be effective. A project that does not exceed its maximum allowable water budget shall be exempt from the restrictions on irrigation times included in Section 3(D) of Hi-Desert Water District Ordinance No. 68.
[1]
Editor's Note: Appendix E Landscape Irrigation Water Agreement is included as an attachment to this title.
E.
If the Hi-Desert Water District determines that the estimated annual water use for the project exceeds the monthly maximum allowable water budgets for the project, then the district will deny the application and provide the applicant with a written confirmation of its determination, including an explanation of the basis for its determination.
F.
Hi-Desert Water District's landscape plan check program is not intended to ensure the adequacy, efficiency, or functional ability of any landscaping or irrigation system. The intent of the landscape plan check is to ensure that all individually metered landscape irrigation projects applicable to this chapter are assigned monthly maximum allowable water budgets, and to prohibit use of water for landscape irrigation purposes in excess of such assigned monthly maximum allowable water budgets.
(Ord. 72 § 7, 2001)
A.
Use of water in excess of the monthly maximum allowable water budgets established for an irrigation meter is prohibited and shall be subject to restriction and/or other penalty in accordance with this chapter.
B.
After the 12-month establishment period, each landscaped area must use water within the limits of the monthly maximum allowable water budgets assigned to it pursuant to HDWDC § 5.50.070.
C.
Written notice of water use in excess of the applicable monthly maximum allowable water budgets will be sent by the Hi-Desert Water District to the billing address for the subject irrigation meter. Upon notification of such excess water use, the customer must take whatever corrective action is necessary within a reasonable period of time to bring the water usage into conformity with the applicable monthly maximum allowable water budgets.
D.
After the establishment period, any landscaped area that exceeds its monthly maximum allowable water budgets for two consecutive months will be subject to one or more of the following penalties, to be imposed by the general manager of the Hi-Desert Water District with the right of appeal to the board of directors of the Hi-Desert Water District:
1.
Imposition of a penalty water rate on water usage in excess of the applicable monthly maximum allowable water budgets.
2.
Restriction or discontinuance of the irrigation water service until it is demonstrated to the general manager's satisfaction that the irrigation system and/or landscaping have been corrected to use water in accordance with the monthly maximum allowable water budgets. All costs of service termination and reactivation must be paid by the customer.
3.
Commencement of legal proceedings to abate the violation as a waste and unreasonable use of water.
E.
After the establishment period, all landscaped areas shall be field audited in accordance with current State of California Department of Water Resources Guidelines for Water Auditing, to determine the distribution uniformity of the irrigation system, as that term is defined in the guidelines. An irrigation system that fails to meet or exceed a distribution uniformity of 0.625 shall be modified and reaudited. Landscaped areas between 500 and 2,500 square feet shall be exempt from the requirement of a field audit unless and until water use after the establishment period exceeds the monthly maximum allowable water budgets for two consecutive months.
F.
Hi-Desert Water District shall not in any way be held liable or responsible for any claims or losses related to imposition of any penalty under this chapter.
(Ord. 72 § 8, 2001)
The provisions of this chapter shall prevail and control in the event of any inconsistency between this chapter and any other rule, regulation or code of Hi-Desert Water District, except as later amended by resolution or emergency rule.
(Ord. 72 § 9, 2001)