HomeMy WebLinkAboutZOA WATER EFFICIENT LANDSCAPE 0585.09
ORDINANCE NO. 1302.1
6 y AN ORDINANCE OF THE
COACHELLA VALLEY WATER DISTRICT
ESTABLISHING LANDSCAPE AND
IRRIGATION SYSTEM DESIGN CRITERIA
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WHEREAS, on July 17, 2007, the Riverside County Board of Supervisors declared a local
emergency for Riverside County due to severe drought conditions.
WHEREAS, on July 19, 2007, the governor of the State of California, Arnold Schwarzenegger,.
declared a State of Emergency in Riverside County due to severe and continuing drought
conditions.
WHEREAS, drought conditions in the Colorado River Basin persist, resulting in water levels of
Lake Mead and Lake Powell at near-historic lows that could result in reduced water deliveries.
WHEREAS, water supply reliability through the State Water Project and issues associated with
the California Bay Delta threaten reduced water deliveries to California State Water Project
contractors.
WHEREAS there is an existing water shortage as demonstrated by the continuing overdraft of
the groundwater basin.
WHEREAS Sections 31026 and 31027 of the California Water Code state that a district shall
have the power to restrict the use of district water during an emergency caused by drought, or
other threatened or existing water shortage.
WHEREAS, landscape and outdoor water use account for the vast majority of domestic water
use in the Coachella Valley and represent enormous conservation opportunities consistent with
the Coachella Valley Water Management Plan.
THEREFORE, BE IT NOW ORDAINED by the Board of Directors of the Coachella Valley
Water District that Ordinance No. 1302.1 Landscape and Irrigation System Design Criteria is
hereby adopted.
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All requirements for landscape design and construction of Ordinance 1302.1 are contained in
Attachment A, Landscape and Irrigation System Design Criteria, as revised from time to time.
REPEALS: All other ordinances or parts of ordinances, and codes, in conflict with the
provisions of this Ordinance, are hereby expressly repealed.
BE IT FINALLY ORDAINED that is Ordinance shall become effective October 1, 2007.
4a—V�4� Q
Vice President
SCANN
121(0107
i' ATTACHMENT A
ORDINANCE 1302.1
LANDSCAPE AND IRRIGATION SYSTEM DESIGN CRITERIA
Sections:
0.00.010 Purpose and Intent
0.00.020 Definitions
0.00.030 Provisions for New or Rehabilitated Landscapes
0.00.040 Other Documentation and Follow-up
0.00.050 Review and Program Monitoring Fees
0.00.060 Appeals
0.00,070 Penalties
0.00,080 Hearing Regarding Penalties
0.00.090 Appeal of Penalties
0.00.010 Purpose and Intent
A. The purpose of these criteria is to conserve water by establishing effective water
efficient landscape requirements for newly installed and rehabilitated landscapes.
It is also the intent of these criteria to implement the requirements of the State of
California Water Conservation in Landscaping Act, Government Code
Section 65591, et seq.
B. It is the intent of the District to promote water conservation through climate
appropriate plant material,efficient irrigation systems and to create a"Lush and
Efficient"landscape theme through enhancing and improving the physical and
natural environment.
0.00.020 Definitions
The words used in this chapter have the meanings set forth below:
ANTIDRAIN VALVE or CHECK VALVE-A valve located under/in a sprinkler
head to hold water in the system so it eliminates drainage from the lower
elevation sprinkler heads.
APPLICATION RATE-The depth of water applied to a-given area,usually
measured in inches per hour. Also known as precipitation rate(sprinklers) or
emission rate(drippers/microsprayers) in gallons per hour.
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APPLIED WATER-The portion of water supplied by the irrigation system to the
landscape.
AUTOMATIC CONTROLLER- An electronic or solid-state timer, capable of
operating valve stations to set the days, time and length of time of a water
application.
BACKFLOW PREVENTION DEVICE- A safety device used to prevent
pollution or contamination of the water supply due to the reverse flow of water
from the irrigation system.
BENEFICIAL USE -Water used for landscape evapotranspiration.
BILLING UNITS -Units of water(100 cubic feet= 1 billing unit=748 gallons=
1 CCF) for billing purposes.To convert gallons per year to 100 cubic feet per
year, divide gallons per year by 748. (748 gallons= 100 cubic feet).
CONVERSION FACTOR(0.62)-A number that converts the maximum applied
water allowance from acre-inches per acre to gallons per square foot. The
conversion factor is calculated as follows:
(325,851 gallons/43,560 square feet)/12 inches =(0.62)
325,851 gallons =one acre-foot
43,560 square feet =one acre
12 inches =one foot
DESERT LANDSCAPE A desert landscape using native plants spaced to look
like a native habitat.
DISTRIBUTION UNIFORMITY -A measure of how evenly sprinklers apply
water. The low-quarter measurement method(DULQ)utilized in the irrigation
audit procedure is utilized for the purposes of these criteria. These criteria assume
an attainable performance level of 75%DULQ for spray heads, 80%DULQ for
rotor heads and 85%DULQ for recreational turf grass rotor heads.
DRIP IRRIGATION - A method of irrigation where the water is applied slowly at
the base of plants without watering the open space between plants.
ECOLOGICAL RESTORATION PROJECT-A project where the site is
intentionally altered to establish a defined, indigenous, historic ecosystem.
EFFECTIVE PRECIPITATION or USABLE RAINFALL-The portion of total
natural precipitation that is used by the plants, usually assumed to be three inches
annually. Precipitation or rainfall is not considered a reliable source of water in
the desert.
ELECTRONIC CONTROLLERS -Time clocks that have the capabilities of
multiprogramming, water budgeting and multiple start times.
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EMISSION UNIFORMITY-A measure of how evenly drip and microspray
emitters apply water. The low-quarter measurement method(EULQ)utilized in
the landscape irrigation evaluation procedure is utilized for the purposes of these
criteria. These criteria assume 90%DULQ for drippers, microsprays and pressure
compensating bubblers.
EMITTER- Drip irrigation fittings that deliver water slowly from the system to
the soil.
ESTABLISHED LANDSCAPE -The point at which new plants in the landscape
have developed roots into the soil adjacent to the root ball.
ESTABLISHMENT PERIOD-The first year after installing the plant in the
landscape.
ESTIMATED ANNUAL APPLIED WATER USE(By hydrozone) -The portion
of the estimated annual total applied water use that is derived from applied water
to a specified hydrozone.
ESTIMATED ANNUAL TOTAL APPLIED WATER USE(Total of all
hydrozones) -The annual total amount of water estimated to be needed by all
hydrozones to keep the plants and water features in the landscaped area healthy
and visually pleasing. It is based upon such factors as the local evapotranspiration
rate,the size of the landscaped area,the size and type of water feature,the types
of plants, and the efficiency of the irrigation system. The estimated annual total
applied water use shall not exceed the maximum applied water allowance.
EVAPOTRANSPIRATION or ET-The quantity of water evaporated from
adjacent soil surfaces and transpired by plants expressed in inches during a
specific time.
ET ADJUSTMENT FACTOR -A factor of 0.5 that,when applied to reference
evapotranspiration,adjusts for plant factors and irrigation efficiency,two major
influences upon the amount of water that needs to be applied to the landscape. A
combined plant mix with a site-wide average 0.38 is the basis of the plant factor
portion of this calculation. The irrigation efficiency for purposes of the ET
adjustment factor is 0.75. Therefore, the ET adjustment factor(0.5)_(0.38/0.75).
FLOW RATE- The rate at which water flows through pipes, valves and meters
(gallons per minute or cubic feet per second).
HARDSCAPE - Concrete or asphalt areas including streets, parking lots,
sidewalks, driveways and patios and decks.
HEAD-TO-HEAD COVERAGE- One hundred percent sprinkler coverage of the
area to be irrigated, with maximum practical uniformity.
HIGH FLOW CHECK VALVE-A valve located under/in a sprinkler head to
stop the flow of water if the spray head is broken or missing.
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HYDROZONE -A portion 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 nonirrigated. For example, a naturalized area
planted with native vegetation that will not need supplemental irrigation(once
established)is a nonirrigated hydrozone.
INFILTRATION RATE - The rate of water entry into the soil expressed as a
depth of water per unit of time(inches per hour).
IRRIGATION EFFICIENCY-The measurement of the amount of water
beneficially used divided by the amount of water applied. Irrigation efficiency is
derived from measurements and estimates of irrigation system characteristics and
management practices. The minimum irrigation efficiency for purposes of these
regulations is 0.75 or 75 percent. Greater irrigation efficiency can be expected
from well-designed and maintained systems.
LANDSCAPE IRRIGATION AUDIT- A process to perform site inspections,
evaluate irrigation systems and develop efficient irrigation schedules.
LANDSCAPED AREA-The entire parcel less the building footprint,driveways,
nonirrigated portions of the parking lots,hardscapes such as decks and patios, and
other nonporous areas. Water features are included in the calculation of a site's
landscaped area.
LATERAL LINE - The water delivery pipeline that supplies water to the emitters
or sprinklers from a valve.
MAIN LINE-The pressurized pipeline that delivers water from the water source
to a valve or outlet.
MAXIMUM APPLIED WATER ALLOWANCE -For design purposes, the
upper limit of annual applied water for the established landscape area as specified
in Division 2,Title 23, California Code of Regulations,Chapter 7, Section 702. It
is based upon the area's reference evapotranspiration, ET adjustment factor, and
the size of the landscaped area. The estimated applied water use shall not exceed
the maximum applied water allowance.
MICROIRRIGATION - See drip irrigation.
MULCH - Any organic material such as leaves,bark, straw, or inorganic material
such as pebbles, stones, gravel, decorative sand or decomposed granite left loose
and applied to the soil surface to reduce evaporation.
NATIVE PLANTS -Native plants are low water using plants that are:
1) indigenous to the Coachella Valley and lower Colorado Desert region of
California and Arizona, 2)native to the southwestern United States and northern
Mexico or 3) native to other desert regions of the world,but adapted to the
Coachella Valley.
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OPERATING PRESSURE-the pressure, at which an irrigation system's
sprinklers,bubblers, drippers or microsprays are designed to operate,usually
indicated at the base of an irrigation head.
OVERHEAD SPRINKLER IRRIGATION STATIONS - Sprinklers with high
flow rates(spray heads, impulse sprinklers, gear rotors,etc.)that are utilized to
apply water through the air to large irrigated areas.
OVERSPRAY- The water which is delivered beyond the landscaped area onto
pavements,walks, structures or other nonlandscape areas. Also known as
hardscape applications.
PLANT FACTOR- A factor that when multiplied by reference
evapotranspiration, estimates the amount of water used by plants. For purposes of
these criteria,the average plant factor of very low water using plants ranges from
0.01 to 0.10, for low water using plants the range is 0.10 to 0.30, for moderate
water using plants the range is 0.40 to 0.60 and for high water using plants, the
range is 0.70 to 0.90. Reference: Water Use Classifications of Landscape
Species III(WUCOLS III).
PRESSURE COMPENSATING(PC)BUBBLER—An emission device that
allows the output of water to remain constant regardless of input pressure.
Typical flow rates for this type of bubbler range between 0.25 gpm to 2.0 gpm.
PRESSURE COMPENSATING SCREENS/DEVICES - Small screens/devices
inserted in place of standard screens/devices that are used in sprinkler heads for
radius and high pressure control.
QUALIFIED PROFESSIONAL -A person who has been certified by their
professional organization or a person who has demonstrated knowledge and is
locally recognized as qualified among landscape architects due to longtime
experience.
RAIN-SENSING DEVICE-A system which automatically shuts off the
irrigation system when it rains.
RECYCLED WATER-Treated or recycled wastewater of a quality suitable for
nonpotable uses such as landscape irrigation. Recycled water is not for human
consumption.
RECORD DRAWING or AS-BUILTS -A set of reproducible drawings which
show significant changes in the work made during construction and which are
usually based on drawings marked up in the field and other data furnished by the
contractor.
RECREATIONAL AREA-Areas of active play or recreation such as golf
courses, sports fields, school yards,picnic grounds, or other areas with intense
foot or vehicular traffic.
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RECREATIONAL TURF GRASS -High traffic turf grass that serves as a playing
surface for sports and recreational activities. Athletic fields, golf courses,parks
and school playgrounds are all examples of areas hosting recreational turf grass.
RECREATIONAL TURF GRASS ET ADJUSTMENT FACTOR-A factor of
0.82 that,when applied to reference evapotranspiration,adjusts for the additional
stress of high traffic on recreational turf grass and the higher irrigation
efficiencies of long-range rotary sprinklers. These are the two major influences
upon the amount of water that needs to be applied to a recreational landscape. A
mixed cool/warm season turf grass with a seasonal average of 0.7 is the basis of
the plant factor portion of this calculation. The irrigation efficiency of long-range
sprinklers for purposes of the ET adjustment factor is 0.85. Therefore,the ET
adjustment factor is 0.82=0.7/0.85.
REFERENCE EVAPOTRANSPIRATION or ETo -A standard measurement of
the environmental parameters which affect the water use of plants,using cool
season grass as a reference. ETo is expressed in inches per day,month or year
and is an estimate of the evapotranspiration of a large field of cool-season grass
that is well watered. Reference evapotranspiration is used as a basis of
determining the maximum applied water allowances so that regional differences
in climate can be accommodated. For purposes of these criteria,CVWD Drawing
No. 29523 will be used for ETo zones. (Attached on last page of these criteria.)
REHABILITATED LANDSCAPE-Any relandscaping project whose choice of
new plant material and/or new irrigation system components is such that the
calculation of the site's estimated water use will be significantly changed. The
new estimated water use calculation must not exceed the maximum applied water
allowance calculated for the site using a 0.5 ET adjustment factor.
RIPARIAN PLANTS -Riparian plants are high water using and water-loving
plants that are found growing naturally along flowing rivers and lake shores.
They may also be native to wet swampy areas with high water tables or poor
drainage.
RUNOFF- Irrigation water which is not absorbed by the soil or landscape to
which it is applied and flows from the planted area.
SERVICE LINE-The pressurized pipeline that delivers water from the water
source to the water meter.
SMART CONTROLLER-Weather based or soil moisture based irrigation
controls that monitor and use information about environmental conditions for a
specific location and landscape(such as soil moisture,rain, wind,the plants'
evaporation and transpiration rates and,in some cases,plant type and more)to
decide for themselves when to water and when not to,providing exactly the right
amount of water to maintain lush,healthy growing conditions.
SOIL MOISTURE-SENSING DEVICE -A device that measures the amount of
water in the soil.
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SOIL TEXTURE -The classification of soil based on the percentage of sand, silt
and clay in the soil.
SPRINKLER HEAD -A device which sprays water through a nozzle.
STATIC WATER PRESSURE-The pipeline or municipal water supply pressure
when water is not flowing.
STATION-An area served by one valve or by a set of valves that operate
simultaneously.
SYSTEM-The network of piping,valves and irrigation heads.
TURF -A surface of earth containing mowed grass with roots.
VALVE - A device used to control the flow of water in the irrigation system.
WATER CONSERVATION CONCEPT STATEMENT—A one-page checklist
and narrative summary of the project.
WATER FEATURE - Any water applied to the landscape for nonirrigation,
decorative purposes. Fountains, streams,ponds and lakes are considered water
features. Water features use more water than efficiently irrigated turf grass and
are assigned a plant factor of 1.1 for a stationary body of water and 1.2 for a
moving body of water.
0.00.030 Provisions for new or rehabilitated landscapes.
A. Applicability.
1. Except as provided in subsection(A)(3)of this section,this section shall
apply to:
a. All new and rehabilitated landscaping for private, public,
recreational, commercial and governmental development projects
that require a permit; and
V Developer-installed landscaping in single-family tracts, five or
more infill lots and multifamily projects.
2. Projects subject to this section shall conform to the provisions in this
section.
3. This section shall not apply to residential home owner-provided
landscaping at single-family residences and landscaping for registered
historical sites.
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B. Landscape Documentation Package
l. Each landscape documentation package shall include the following
elements.
a. Water conservation concept statement;
b. Calculation of the maximum applied water allowance;
C. Calculation of the estimated applied water use;
d. Calculation of the estimated total water use;
C. Landscape design plan;
f. Irrigation design plan;
g. Grading design plan;
h Soil analysis(optional);
2. Three copies of the landscape documentation package conforming to this
chapter shall be submitted to the District. No permit shall be issued until
the District reviews and approves the landscape documentation package.
3. Submit landscape, irrigation and grading plans for new irrigation water
service or new construction by the following procedure:
a. The applicant or applicant's representative should bring, send or
ship blue line copies of the landscape documentation package to
Coachella Valley Water District,and the planning department of
the local city or county as applicable. Appropriate fees must
accompany the documentation package.
b. The plans will be normally returned to the local planning agency or
applicant with comments by the Water Management Department
within ten working days of receipt.
C. After noted convections have been made to the plans, the applicant
shall submit the original landscape and irrigation plans for signing.
d. Plans must contain a Coachella Valley Water District signature
block. The plans will be signed by the Water Management
Department and the Development Services Department for the
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District. Signed plans will be held at the District's Palm Desert
office for applicant pick-up or sent by certified shipping at the
applicant's request and expense.
—' ' For direct communication:
J a
eo Telephone No.: (760) 398-2651 Water Management
Department
Mailing Address: Coachella Valley Water District
Attention: Water Management Department
Post Office Box 1058
Coachella,California 92236
Hand Delivery or
Shipping Address: Coachella Valley Water District
Attention: Water Management Department
85-995 Avenue 52
Coachella, California 92236
Hand Delivery or
Shipping Address: Coachella Valley Water District
Attention: Water Management Department
75-525 Hovley Lane East
Palm Desert, California 92211
CA copy of the approved landscape documentation package sWtbe.
provided to the property owner or site manager along with the record
drawings and any other information normally forwarded to the property
owner or site manager.
5. The District will inspect the landscaped area(s)for conformance with the
approved landscape documentation package. Landscaping that does not
conform to the approved landscape documentation package is subject to
penalties as provided in Section 0.00.070.
C. Water Conservation Concept Statement
Each landscape documentation package shall include a water conservation
concept statement similar to the example illustrated in Appendix B. It serves as a
checklist to verify that the elements of the landscape documentation package have
been completed and has a narrative summary of the project. The statement must
be shown on either the cover sheet or the water use calculation sheet.
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D. Landscape Design Criteria
Objectives are to ensure that future landscaping projects are designed and
constructed to the highest level of aesthetic values and water efficiency, and to
make wise water management viable and reasonable.
The landscape design plan shall be drawn on 36-inch by 24-inch project base
sheets at a scale that accurately and clearly identifies the following:
1. Specifications for Landscape Design.
a. Show tract name,tract number or parcel map number on cover
sheet.
b. Show proposed planting areas.
C. Show plant material location and size.
d. Show plant botanical and common names.
e. Where applicable,plant spacing shall be identified.
f. Natural features including but not limited to rock outcroppings,
existing trees and shrubs that will remain incorporated into the new
landscape.
g. Show a vicinity map showing site location on top sheet or on cover
sheet.
h. Show a title block on each sheet with the name of the project, city,
name and address of the professional design company with its
signed professional stamp if applicable.
i. Reserve a 6-inch by 3-inch space for a District signature block on
lower right comer of the cover page and on all of the landscape,
irrigation design/detail/specification sheets.
j. Show plan scale and north arrow on design sheets.
k. Show graphic scaling on all design sheets.
1. Show all property lines and street names.
in. Show all paved areas such as driveways, walkways and streets.
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n. Show all pools,ponds, lakes, fountains,water features, fences and
retaining walls.
o. Show locations of all overhead and underground utilities within
project area.
P. Show an index map showing the overall project including all 1/4
and 1/16 section lines and section numbers.
q. Show a note on each design sheet stating, "Trees, plants, walls,
sidewalks and permanent structures of any kind shall not be
planted, installed or built in CVWD and USBR easements or right-
of-way without first obtaining an encroachment permit from
CVWD."
r. Show total landscaped area in square feet. Separate area square
footages by hydrozone. Show the total percentage area of each
hydrozone. Include total area of all water features as separate
hydrozones of still or moving water. Show Estimated Annual
Applied Water Use, for each major plant group hydrozone and
water feature hydrozone expressed in either seasonal (turf grass)or
annual (trees, shrubs, groundcovers and water features)billing
units.
S. Show Total Estimated Annual Applied Water Use for each major
plant group hydrozone and water feature hydrozone expressed in
either seasonal (turf grass)or annual (trees, shrubs, groundcovers
and water features)billing units.
t. Show Total Estimated Annual Applied Water Use for the entire
project. (Formula in Appendix C and on Sample Calculation
Estimated Water Use, Appendix A.) The Total Estimated Annual
Applied Water Use shall not exceed the Total Maximum Annual
Applied Water Allowance.
U. Show Total Maximum Annual Applied Water Allowance for the
proposed project. (See formula in Appendix C and Sample
Maximum Annual Applied Water Allowance, Appendix A.)
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V. Designate recreational areas and recreational turf areas:
W. When model homes are included, show the Maximum Annual
Applied Water Allowance and Estimated Annual Applied Water
Use(by hydrozone with totals) for each model unit.
2. Landscape Design Plan
a. The landscape design must be carefully planned and take into
' account the intended function of the project.
b. Plants' appropriateness shall be selected based upon their
adaptability to the climatic, geologic and topographical conditions
of the site.
C. Selection of water-efficient and low-maintenance plant material is
required.
d. All planted areas must be a minimum of one inch below adjacent
hardscapes to eliminate runoff and overflow.
e. Long, narrow or irregularly shaped turf areas shall not be designed
because of the difficulty in irrigating uniformly without overspray
onto hardscaped areas, streets and sidewalks. Areas less than 8
feet in width shall not be designed with turf. Turf will be allowed
in these areas only if irrigation design reflects the use of subsurface
irrigation or a surface flow/wick irrigation system.
f. Turf areas irrigated with spray/rotor systems must be set back at
least 24 inches from curbs,driveways, sidewalks or any other area
that may result in runoff of water onto streets. An undulating
landscape buffer area created by the setback shall be designed with
rocks, cobble or decomposed granite and/or can be landscaped
with drip irrigated shrubs/accents or covered with a suitable
ground cover.
g. Plants having similar water use shall be grouped together in
distinct hydrozones.
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h. The use of a soil covering mulch or a mineral groundeover of a
minimum two-inch depth to reduce soil surface evaporation is
required around trees, shrubs and on nonirrigated areas. The use of
boulders and creek stones shall be considered to reduce the total
vegetation area;make sure these areas have enough shade to avoid
reflected or retained heat.
i. Annual color plantings shall be used only in areas of high visual
impact close to where people can appreciate them. Otherwise, drip
irrigated,perennial plantings should be the primary source of
color.
j. Native desert plants shall be specified to be planted in a shallow,
wide,rough hole two to three times the root ball width. The root
ball will be set on either undisturbed native soil or a firmed native
soil. The root ball top will be set even with surface grade or above
grade if the soil is poorly drained. The hole must be backfilled
with native soil. Extra soil may be brought in to mound up around
plants where the soil is poorly drained. Any organic material will
be applied only as a surface mulch over the planting hole.
k. Landscaping must not obstruct or interfere with street signs, lights
or road/walkway visibility. Screening may be provided by walls,
berms or plantings.
1. See District publication"Lush and Efficient" for a suggested plant
list or call the District's Water Management Department for further
information on other plant lists available. The book may be
purchased at the District's Palm Desert or Coachella office
facilities.
M. Planter islands in parking lots with canopy trees to meet local
jurisdiction's shading requirements shall have planter beds sized
roughly by the expected canopy area in square feet equaling the
square feet of planter bed.
3. Landscape Grading Plan
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a. The grading plan design shall indicate finished configurations and
elevations of the landscaped areas,including the height of graded
slopes,drainage patterns,pad elevations and finish grade.
b. Turf grass plantings are prohibited on slopes greater than
three-to-one. Slopes steeper than three-to-one shall be planted to
permanent ground covering plants adequate for proper slope
protection.
C. All grading must retain normal stormwater runoff and provide for
an area of containment. All irrigation water must be retained
within property lines and not allowed to flow into public streets or
public rights-of-way. Where appropriate, a simulated dry creek
bed may be used to convey storm drainage into retention areas. A
drywell shall be installed if the retention basin is to be used as a
recreational area.
d. Avoid mounded or sloped planting areas that contribute to runoff
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onto hardscape. Sloped planting areas above a hardscaped area
shall be avoided unless there is a drainage swale at toe of slope to
direct runoff away from hardscape.
e. Median islands must be graded to prevent stormwater and excess
irrigation runoff.
E. Irrigation Design Criteria
Separate landscape water meters shall be installed for all projects except single
family homes. When irrigation water is from a well,the well shall be metered.
The irrigation design plan shall be drawn on project base sheets. It should be
separate from,but use the same format as, the landscape design plan. The
irrigation system specifications shall accurately and clearly identify the following:
1. Specifications for Irrigation Design.
a. Control valves, manufacturer's model number, size and location.
b. Irrigation head manufacturer's model number, radius, operating
pressure, gallons per minute/gallons per hour(gpm/gph) and j
location.
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C. Piping type, size and location.
d. Power supply/electrical access and location.
e. Plan scale and north arrow on all sheets.
f. Irrigation installation details and notes/specifications.
g. Graphic scaling on all irrigation design sheets.
h. The irrigation system shall be automatic, constructed to discourage
vandalism and simple to maintain.
i. All equipment shall be of proven design with local service
available.
j. Control valves shall be rated at 200 psi.
k. Visible sprinklers near hardscape shall be of pop-up design.
1. All heads should have a minimum number of wearing pieces with
an extended life cycle.
M. Sprinklers, drippers, valves, etc.,must be operated within
manufacturer's specifications.
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2. Specifications for Irrigation Efficiency
The minimum irrigation efficiency shall be 0.75 (75%). Greater irrigation
efficiencies are expected from well-designed and maintained systems.
The following are required:
a. Design spray head and rotor head stations with consideration for
worst wind conditions. Close spacing and low-angle nozzles are
required in high and frequent wind areas (ETo Zone No. 4).
b. Spacing of sprinkler heads shall not exceed manufacturer's
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maximum recommendations for proper coverage. The plan design
shall show a minimum of 0.75 (75%)distribution uniformity.
C. Only irrigation heads with matched precipitation rates shall be
circuited on the same valve.
d. Valve circuiting shall be designed to be consistent with
hydrozones.
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3. Irrigation System Design
a. Point of connection or source of water.
b. Meter location and size(where applicable).
C. Pump station location and pumping capacity(where applicable).
d. Reduced pressure backflow prevention devices shall be installed
behind meter at curb by the District.
e. Show location, station number, size and design gpm of each valve
on plan.
f. Smart Controllers shall be specified for all projects. This includes
climate based or sensor based controllers, which can automatically
adjust for local weather and/or site conditions.
g. High flow check valves shall be installed in or under all heads
adjacent to street curbing,parking lots and where damage could
occur to property due to flooding,unless controllers with flow
sensor capabilities are specified that can automatically shut off
individual control valves when excess flow is detected.
h. Pressure compensating screens/devices shall be specified on all ,
spray heads to reduce radius as needed to prevent overthrow onto
hardscape and/or to control high pressure misting.
i. All irrigation systems shall be designed to avoid runoff onto
hardscape from low head drainage,overspray and other similar
conditions where water flows onto adjacent property, nonirrigated
areas, walks, roadways or structures.
j. Rotor type heads shall be set back a minimum of 4 feet from
hardscape.
k. The use of drip, microirrigation or pressure compensating bubblers
or other systems with efficiencies of 90 percent or greater is
required for all shrubs and trees. Small, narrow(less than 8 feet),
irregularly shaped or sloping areas shall be irrigated with drip,
microspray or PC(pressure-compensating)bubbler heads.
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1. Trees in turf areas shall be on a separate station to provide proper
deep watering.
M. Street median irrigation
I) No overhead sprinkler irrigation system shall be installed in
median strips or in islands.
2) Median islands or strips shall be designed with either a drip
emitter to each plant or subsurface irrigation. PC bubblers
are acceptable for trees only.
n. Meter sizing for landscape purposes shall be 40 gpm per planted
acre. Maximum design meter flow,rates are: 3/4"=23 gpm, 1" _
37 gpm, 1-1/2"=80 gpm, 2" = 120 gpm
o. Large projects located outside Improvement District No. 1 shall
connect to or provide future connection to recycled water if such
water is available. Large projects located inside Improvement
District No. 1 may be required to connect to canal irrigation water
or recycled water if such water is available. (See attached
boundary map.)
4. Drip Irrigation Design
a. The drip system must be sized for mature-size plants.
b. The irrigation system should complete all irrigation cycles during
peak use in about 12 hours. Normally, each irrigation controller
should not have more than four drip stations that operate
simultaneously.
c. Field installed below ground pipe connections shall be threaded
PVC or glued PVC. Surface laid hose and tubing is not allowed.
Microtube distribution is not allowed unless emitter/manifold is
installed in an access box. Microtubing must be buried at least
6 inches below grade and the end of microtubing must be secured
by a stake. The maximum length of microtubing must be specified
on the plan to be 10 feet or less.
17
d. Proportion.gallons per day per plant according to plant size. The
following sizing chart is for peak water use. The low to high end
of the range is according to the relative water requirements of the
plants. The low end is for desert natives and the high end is for
medium water use type plants.
Gallons
Size of Plant Per Da
Large trees(over 30-foot diameter) 58+ to 97+
Medium trees(about 18-foot diameter) 21 to 35
Small trees/large shrubs (9-foot 6 to 10
diameter)
Medium shrubs(3.5-foot diameter) .8 to 1.3
Small shrubs/groundcover .5 or less
e. Plants with widely differing water requirements shall be valved
separately. As an example, separate trees from small shrubs and
cactus from other shrubs. Multiple emitter point sources of water
for large shrubs and trees must provide continuous bands of
moisture from the root ball out to the mature drip line plus 20
percent of the plant diameter. See Appendix C for more
information on emitter spacing and wetted area.
f. Most plants require 50 percent or more of the soil volume within
the drip line to be wetted by the irrigation system. See Appendix C
for more information. For additional information on plant
watering and plant relative water needs see "Lush and Efficient,
Landscape Gardening in the Coachella Valley" in the plant list
section.
18
5. Recycled Water Specifications
a. When a site has recycled water available or is in an area that will
have recycled water available as irrigation water, the irrigation
system shall be installed using the industry standard purple colored
or marked"Recycled Water Do Not Drink"on pipes, valves and
sprinkler heads.
b. The backup groundwater supply(well water or domestic water)
shall be metered. Backup supply water is only for emergencies
when recycled water is not available.
C. Recycled water users must comply with all county, state and
federal health regulations. Cross connection control shall require a
6-inch air gap system or a reduced pressure backflow device. All
retrofitted systems shall be dye tested before being put into service.
d. Sites using recycled water are not exempted from the Maximum
Water Allowance,prescribed water audits or the provisions of
these criteria.
6. Irrigation Water(Nonpotable) Specifications
a. When a site is using nonpotable irrigation water that is not
recycled water(from an on-site well or canal water) all hose bibs
shall be loose key type and quick coupler valves shall be of locking
type with nonpotable markings to prevent possible accidental
drinking of this water.
b. Sites using nonpotable irrigation water are not exempted from the
Maximum Annual Applied Water Allowance,prescribed water
audits or the provisions of these criteria.
7. Groundwater Water Specifications
a. Sites using groundwater irrigation water from wells are not
exempted from the Maximum Annual Applied Water Allowance,
prescribed water audits or the provisions of these criteria.
8. Golf Course Criteria
19
a. For all new golf courses and additions or renovations to existing
golf courses,the area of irrigated turf used for tees,fairways,
greens and practice areas shall be limited. The total turf area of the
golf course shall be limited to a maximum of four(4)irrigated
acres average per golf hole. Practice areas such as driving ranges
and short game areas shall not exceed ten(10)acres of turf. The
golf course design shall reflect the natural topography and drainage
ways of the site,minimize the clearing of vegetation and be
flexible and water efficient in design.
b. All nonturf areas such as ponds, lakes, artificial water courses,
bunkers and irrigated landscapes within the golf course project
area must not exceed the maximum annual water allowance
calculations set forth within these criteria.
0.00.040 Other Documentation and Follow-up
A. Landscape Audits
1. Water Management. All landscaped areas covered by these criteria which
exceed 1.0 acre(43,560 square feet),may be subject to a landscape
irrigation audit at the discretion of the District if the District has
determined that the annual maximum applied water allowance has been
exceeded for a minimum of 2 consecutive years. At a minimum,the audit
shall be conducted by a certified landscape irrigation auditor and shall be
in accordance with the California Landscape Irrigation Auditor Handbook,
the entire document which is hereby incorporated by reference. (See
Landscape Irrigation Audit Handbook, Department of Water Resources,
Water Conservation Office updated 2004).
2. The owner of the landscaped area shall bear the cost of the audit.
B. Water Waste Prevention
1. Water Waste Prevention. Water waste resulting from inefficient landscape
irrigation including run-off, low-head drainage, overspray, or other similar
conditions where water flows onto adjacent property, nonirrigated areas,
walks, roadways, or structures shall be prohibited. All broken heads and
20
i
pipes must be repaired within 72 hours of notification. Penalties for.
violation of these prohibitions are established in Section 0.00.070.
2. Water service to customers who cause water waste may have their service
discontinued.
3. Customers who appear to be exceeding the Maximum Water Allowance
may be interviewed by the Water Management Department to verify
customer water usage to ensure compliance.
C. Soil Analysis .
1. A soil analysis satisfying the following conditions shall be submitted as
part of the landscape documentation package:
a. Determination of soil texture, indicating the available water
holding capacity.
b. An approximate soil infiltration rate(either)measured or derived
from soil texture/infiltration rate tables. A range of infiltration
rates shall be noted where appropriate.
C. Measure of pH and total soluble salts.
D. Developer Provided Assistance
1. The landscape architect will provide a site-specific landscape irrigation
package for the homeowner or irrigation system operator. The package
will include a set of drawings, a recommended monthly irrigation schedule
and a recommended irrigation system maintenance schedule.
2. Irrigation Schedules. Irrigation schedules satisfying the following
conditions shall be submitted as part of the landscape irrigation package:
a. An annual irrigation program with monthly irrigation schedules
shall be required for the plant establishment period, for the
established landscape, and for any temporarily irrigated areas. The
irrigation schedule shall:
b. Include run time(in minutes per cycle), suggested number of
cycles per day, and frequency of irrigation for each station.
21
C. Provide the amount of applied water(in hundred cubic feet)
recommended on a monthly and annual basis.
d. Whenever possible,irrigation scheduling shall incorporate the use
of evapotranspiration data such as those from the California
Irrigation Management Information System(CIMIS) weather
stations to apply the appropriate levels of water for different
climates.
e. Whenever possible, landscape irrigation shall be scheduled
between 10:00 p.m. and 5:00 a.m. to avoid irrigating during times
of high wind or high temperature.
E. Maintenance Schedules
A regular maintenance schedule satisfying the following conditions shall be
submitted as part of the landscape documentation package:
1. Landscapes shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include but not be limited to checking,
adjusting, cleaning and repairing equipment; resetting the automatic
controller, aerating and dethatching turf areas; replenishing mulch;
fertilizing;pruning; and weeding in all landscaped areas.
2. Repair of irrigation equipment shall be done with the originally specified
materials or their approved equal.
0.00.050 Review and Program Monitoring Fees
A. Review and Program Monitoring fees are deemed necessary to review landscape
documentation packages and monitor landscape irrigation audits and shall be
imposed on the subject applicant,property owner or designee.
B. A landscape documentation package review fee will be due at the time of initial
project application submission to the District.
C. The Board of Directors,by resolution, shall establish the amount of the above fees
in accordance with applicable law.
22
0.00.060 Appeals
A. Appeal to General Manager-Chief Engineer. An applicant,property owner or
designee of any applicable project may appeal decisions made by the Water
Management Department or Service Director other than imposition of penalties
(see Sections 0.00.070—0.00.090 regarding imposition of penalties) to the
' General Manager-Chief Engineer, in writing,within fifteen(15) days of
notification of decision. The General Manager-Chief Engineer's decision shall
become final on the fifteenth(15`h)day following service of written notification
of said decision unless a timely appeal is filed pursuant to 0.00.060 B.
B. Appeal to Board of Directors. An applicant,property owner or designee of any
applicable project may appeal decisions made by the General Manager-Chief
Engineer pursuant to Section 0.00.060 A. to the Board of Directors. Said appeal
must be written'and submitted to the Secretary of the Board of Directors within
fifteen(15)days of the date of notification of the General Manager-Chief
Engineer's decision. The Board of Directors' decision shall be final upon its
adoption.
0.00.070 Penalties
A. Violation of any part of Ordinance No. 1302.1 may result in any or all of the
following penalties:
1. Monetary. See Appendix D for schedule of monetary penalties.
2. Termination of Service.
B. Notice. The District shall issue a written notice of imposition of penalty. The
notice shall set forth penalty imposed and the reason for imposition of it. The
notice shall be served on the customer by registered or certified mail and shall
advise that the customer may request review of the imposition of penalty by filing
a written request for a hearing pursuant to the provision of Section 0.00.080.
0.00.080 Hearing Regarding Penalties
A. Request for Hearing. Customers who have received notice of imposition of
penalty may make a written request for a hearing. The District must receive the
request for hearing no later than fifteen(15)days from the date of the notice of
imposition of penalty. The request for hearing shall set forth, in detail,all facts
23
supporting the request. Upon District's receipt of a timely request for a hearing,
imposition of penalty shall be stayed until the Statement of Decision after hearing
becomes final, or, if the Statement of Decision is timely appealed,the Board of
Directors' order on appeal is adopted.
B. Notice of Hearing. Within ten(10)days of the District's receipt of the request for
hearing, the District shall provide written notice to the customer of the date,time
and place of the hearing. The hearing date shall be within thirty(30)days of the
mailing of the notice of hearing,unless the parties agree,in writing,to a later
date.
C. Hearing. The General Manager-Chief Engineer, or his designee, shall act as the
Hearing Officer. At the hearing, the customer shall have an opportunity to
respond to the allegations set forth in the notice of imposition of penalty by
producing written and/or oral evidence.
D. Statement of Decision. Within ten(10)days following the hearing,the Hearing
Officer shall prepare a written Statement of Decision,which shall set forth the
facts upon which the decision is based. The Statement of Decision shall be served
by personal delivery or registered or certified mail on the customer. The
Statement of Decision shall become final on the sixteenth(16`s)day after service
on the customer unless a request for appeal is timely filed with the Board of
Directors pursuant to Section 0.00.090.
0.00.090 Appeal of Penalties
i
A. Request for Appeal. A customer may appeal a Statement of Decision by filing a
written request for appeal with the Board of Directors before the date the
Statement of Decision becomes final, i.e., no later than the fifteenth(15")day
following service of the Statement of Decision on the customer. The request for
appeal shall set forth, in detail, all the issues in dispute and all facts supporting the
request.
B. Notice of Appeal Hearing. No later than thirty(30)days after receipt of the
request for appeal, the Board of Directors shall set the matter for a hearing.
24
i
t
Written notice of said hearing of appeal shall be served on the appellant by
personal delivery or registered or certified mail. The hearing date shall be a date
within thirty(30)days of service of the notice of hearing of appeal,unless the
parties agree,in writing,to a later date. If the Board of Directors does not hear
the appeal within the required time due to acts or omissions of the appellant, the
Statement of Decision shall become final on the thirty-first(31")day after service
of notice of hearing of appeal on the customer.
C. Determination and Order on Appeal. After the hearing of appeal, the Board of
Directors shall issue an order affirming,modifying or reversing the General
Manager-Chief Engineer's decision. The Board of Directors shall set forth its
Determination and Order, in writing, and shall serve the Determination and Order
to the customer by personal delivery or registered or certified mail within thirty
(30)days following the hearing. The Determination and Order of the Board of
Directors shall be final upon its adoption.
I
25 {Rev.9/21ro7
ORDINANCE NO. 1258 /�
J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
24.04 OF THE PALM DESERT MUNICIPAL CODE,
PERTAINING TO THE WATER EFFICIENT LANDSCAPE
ORDINANCE AND GUIDELINES
WHEREAS, California Constitution Article X, Section 2 and California Water
Code Section 100 provide that because of conditions prevailing in the state of California
(the "State"), it is the declared policy of the State that the general welfare requires that
the water resources of the State shall be put to beneficial use to the fullest extent of
which they are capable, the waste or unreasonable use of water shall be prevented, and
the conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code Section 106, it is the declared
policy of the State that the use of water for domestic use is the highest use of water and
that the next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881"), enacted into law on
September 28, 2008, modifies and strengthens the existing "Water Conservation in
Landscaping Act" (California Government Code section 65591 et seq.) (the "Act"). The
Act's goal is to improve state water conservation efforts by establishing a model water
efficient landscape ordinance for local agencies to adopt and use for the purpose of
reducing water waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources
("Department") to update the existing model water efficient landscape ordinance which
provides guidelines for cities and counties to adopt local landscape irrigation ordinances
as required by the law; and
WHEREAS, California Government Code Section 65595 (a portion of AB 1881)
requires that local agencies either adopt a water efficient landscape ordinance that is,
based on evidence in the record, at least as effective in conserving water as the
updated State model ordinance adopted by the State or adopt the updated State Model
Water Efficient Landscape Ordinance; and
WHEREAS, the Coachella Valley Water District ("CVWD") has adopted a water
conservation ordinance, identified as Ordinance No. 1302.1, an Ordinance of the
Coachella Valley Water District Establishing Landscape and Irrigation System Design
Criteria ("CVWD Ordinance No. 1302.1") which seeks to prevent the misuse of the
City's water supply through measures that include restrictions on water usage, and
which satisfies the requirements of AB 1881; and
ORDINANCE NO. 1258
WHEREAS, the City Council finds that CVWD Ordinance No. 1302.1 is more
restrictive than the State's Model Ordinance because CVWD Ordinance No. 1302.1
requires a more stringent rate of evapotranspiration, and a higher degree of minimum
irrigation system design efficiency; and
WHEREAS, the City Council desires to amend Chapter 24.04 of the Palm Desert
Municipal Code ("PDMC") to adopt by reference CVWD Ordinance No. 1302, and all
future amendments and to make other related amendments to said chapter; and
WHEREAS, the City Council finds that this Ordinance is necessary to protect the
public health, safety, and welfare and to comply with applicable State law.
NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTIONS OF THE
PALM DESERT MUNICIPAL CODE IS HERBY AMENDED AS FOLLOWS:
SECTION 1. Amendments to PDMC Chapter 24.04.
Chapter 24.04 of the Municipal Code is hereby amended to read as illustrated in
Exhibit "A."
SECTION 2: Exemption from California Environmental Quality Act.
The City Council hereby determines that this Ordinance is exempt from review
under the California Environmental Quality Act ("CEQA") (California Public Resources
Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14
Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical
Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for
protection of the environment. The adoption of this Ordinance will result in the
enhancement and protection of water resources, and will not result in cumulative
adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions of
CEQA. The City Council hereby directs the City Manager or his designee to prepare
and file a Notice of Exemption within five business days following adoption of this
Ordinance.
SECTION 3: Severability.
The provisions of this Ordinance are severable, and the invalidity of any section,
paragraph, phrase, clause, or part of this Ordinance shall not affect the validity or
effectiveness of the remainder of this Ordinance.
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ORDINANCE NO. 1258
SECTION 4: Effective Date.
R �
This Ordinance shall become effective thirty (30) days after its adoption in
accordance with the provisions of California law.
SECTION 5: Publication.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in The Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this 12th day of September, 2013, by the
following vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
d
�AN C. HA NIK, MAYOR
ATTEST:
G1
R HE LE D. KLASSEN; CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
GAI'lanninglKem Swartz\WordThapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc
ORDINANCE NO. 1258
EXHIBIT "A"
1
CHAPTER 24.04 WATER-EFFICIENT LANDSCAPE
24.04.010 - Purpose and Intent.
24.04.020 - Applicability.
24.04.030 - Applicability--Exemptions.
24.04.040 - Landscape Documentation Package.
24.04.050 - Landscape Design Plan.
24.04.060 — Invasive Plant Species
24.04.070 - Landscape and Irrigation Maintenance.
24.04.080 - Landscape Irrigation Audits.
24.04.090 - Grading Design Plan.
24.04.100 - Certificate of Completion.
24.04.110 - Provisions for Existing Landscapes.
24.04.120 - Nuisance and Waste Water Prevention.
24.04.130 - Fees for Initial Review and Program Monitoring.
24.04.140 - Enforcement and Penalties
24.04.150 - Appeals.
24.04.010 - Purpose and Intent
A. The purpose-of this Chapter is to establish minimum water-efficient landscape
requirements for newly installed and rehabilitated landscapes. It is also the
purpose of this Chapter to implement these minimum requirements to meet the
State of California Code of Regulations Title 23. Water Division 2. Department of
Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and
the State of California Water Conservation in Landscaping Act, Reference:
Sections 65591, 65593, 65596 Government Code.
B. The Coachella Valley Water District (CVWD) has created a water efficient
landscape ordinance in compliance with the Department of Water Resources
Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1
Landscape and Irrigation System Design Criteria ("CVWD Ordinance.") The City
hereby adopts by reference CVWD Ordinance No. 1302 (in its most current
edition as of the date of plan submittal) as the City's water efficient landscape
criteria. It is the intent of the City Council to defer technical irrigation review and
approval process to CVWD consistent with the CVWD ordinance. The City will
have full authority over aesthetic (plant choice, spacing, and design) review.
C. It is the intent of the City Council to promote water conservation through the
planning, design, installation, and maintenance of landscapes by the use of
climate-appropriate plant material and efficient irrigation as well as to create a
Palm Desert landscape theme through enhancing and improving the physical
and natural environment.
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ORDINANCE NO. 1258
D. These provisions are supplementary and additional to the subdivision and zoning
regulation of this code and shall be read and construed as an integral part of the
regulations and controls established thereby.
E. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water
District establishing landscape and irrigation system design criteria. As
Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water-
Efficient Landscape so that it reflects the currently adopted version of the CVWD
ordinance.
24.04.020 — Applicability
This chapter applies to:
A. All new and rehabilitated landscaping for public agency projects and private
development projects including, but not limited to, industrial, commercial and
recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts, five or
more infill lots, and multifamily projects, per CVWD Ordinance 1302.1.
C. New construction landscapes that are homeowner-provided and/or homeowner-
hired in single and multi-family residential projects with a cumulative total
property/project landscape area equal to or greater than 5,000 square feet.
D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130,
24.04.150, and 24.04.160.
24.04.030 Applicability - Exemptions
The following are exempt from the provisions of this chapter:
A. Homeowner-provided or rehabilitated landscaping at single-family and multifamily
projects having a cumulative total property/project landscape area of less than
5,000 square feet;
B. Cemeteries;
C. Registered historical sites as determined by the City Council;
D. Ecological restoration projects that do not require a permanent irrigation system;
and
E. Plant collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
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ORDINANCE NO. 1258
24.04.040 - Landscape Documentation Package
A. Two copies of a Landscape Documentation Package conforming to this Chapter
shall be submitted to the City of Palm Desert and CVWD per Ordinance 1302.1.
Preliminary approval of the project, specifically the Landscape Design Plan as
outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall
be obtained from the Architectural Review Commission prior to submittal of the
Landscape Documentation Package to the Director of Public Works. No person,
either as property owner, contractor, landscape architect or otherwise subject to
the provisions of this Chapter shall cause landscape construction work to begin
without having an approved Landscape Documentation Package approved by
CVWD per Ordinance 1302.1, and from the Director of Public Works.
B. All requirements for the Landscape Documentation Package are found within
CVWD Ordinance 1302.1.
C. Landscapes shall be maintained per the approved Landscape Document
Package.
D. All property owners, persons, firms, corporations, agents, employees or
contractors of regulated projects shall complete and submit the landscape project
application and comply with the approved Landscape Documentation Package
as required pursuant to this Chapter and CVWD Ordinance No. 1302.1.
E. An approved Landscape Documentation Package will run with the property and
the installed landscape will be maintained into perpetuity per the approved
Landscape Documentation Package. A current or new property owner may
request amendments to an approved Landscape Documentation Package
provided they are consistent with the original intent, design quality, and water
efficiency of the original approved Landscape Documentation Package. Any
request shall be subject to the current City approval process.
24.04.050 - Landscape Design Plan
A. For efficient use of water, a Landscape Design Plan shall be carefully designed
and planned for the intended function of the project.
B. The Landscape Design Plan shall be submitted as part of the Landscape
Documentation Package; and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The Landscape Design Plan shall incorporate design criteria found in the current
edition of the City's "Desert Flora Design Guide" publication.
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ORDINANCE NO. 1258
24.04.060 - Invasive Plant Species
Noxious weeds are any weed designated by the weed control regulations in the Weed
Control Act and identified on a regional district noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database, and are prohibited in a landscape design.
24.04.070 - Landscape and Irrigation Maintenance
A regular maintenance schedule containing the following conditions shall be submitted
with the Certificate of Completion for all projects:
A. Landscapes shall be maintained to ensure water efficiency. The regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf areas;
replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and
removing any obstruction to emission devices in all landscaped areas.
B. Whenever possible, repair of irrigation equipment shall be done with the originally
specified materials or their equivalents.
C. Operation of irrigation systems outside the normal watering window is allowed for
auditing and system maintenance.
D. Landscape and irrigation maintenance activities shall be pursuant to those
described in the current edition of the City's "Desert Flora Maintenance"
publication.
24.04.080 - Landscape Irrigation Audits
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to CVWD Ordinance 1302.1.
24.04.090 - Grading Design Plan
Grading Design Plans per Title 27 of the Palm Desert Municipal Code shall be
submitted as part of the Landscape Documentation Package. For the purpose of this
section, the Grading Design Plan shall meet and shall be submitted pursuant to CVWD
Ordinance 1302.1.
24.04.100 - Certificate of Completion
Certificates of Completion shall be certified by a license architect or designer of record
per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects.
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ORDINANCE NO. 1258
24.04.110 - Provisions for Existing Landscapes
Existing landscapes in excess of one acre in size shall be subject to a landscape audit,
irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1,
Landscape and Irrigation System Design Criteria.
24.04.120 - Nuisance and waste water prevention
A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system
installed or maintained in violation of this Chapter, including those failing to
conform to approved landscaping plans, is declared to be a public nuisance
under Section 8.70.010 and 8.70.030 and is subject to abatement pursuant to
Chapter 8.20.
B. Nuisance Water. The operation of a landscape irrigation system that creates
overspray and/or runoff onto impervious surfaces (such as sidewalks, driveways,
ditches, gutters, and roadways) in the public right of way shall be deemed to
create nuisance water when such condition is observed to exist on any three
days within a seven-day period. Nuisance water is a public nuisance under
section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20.
C. Variances. The City Manager or his/her designee may, in writing, grant variances
to persons who apply in writing for water uses prohibited by this chapter if it is
found that a variance is necessary to prevent an emergency condition relating to _
health and safety, and if the person seeking a variance has demonstrated that he
or she has implemented measures in some other manner that achieves the
objectives of the chapter.
24.04.130 - Fees for Initial Review and Program Monitoring
A. For the purposes of meeting its obligations under this chapter, the following fees
are deemed necessary to review landscape documentation packages and
monitor landscape irrigation audits and shall be imposed on the subject
applicant, property owner or designee.
1. A Landscape Documentation Package review fee will be due at time of
initial project application submission to the Public Works Department.
2. The water purveyor may require every five years the project
owner/developer to cause a landscape irrigation audit to be completed by
a certified landscape irrigation auditor. No City fee will be due for the
review of the audit by the Director of Public Works.
3. If a Landscape Documentation Package is not submitted prior to the start
of landscape construction work by those persons required to submit a
package, a late submittal fee of twice the review fee shall be charged.
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ORDINANCE NO. 1.25
B. The City Council, by resolution, shall establish the amount of the above fees in
this section in accordance with applicable law.
24.04.140 - Enforcement and Penalties
A. For the purposes of ensuring that persons comply with the provisions of this
chapter, the City Manager or his/her designee may, following written notice to
subject property owner(s), initiate enforcement action(s) against such property
owner(s) or designee(s), which enforcement action may include, but not be
limited to, the following:
1. Revocation of a Landscape Documentation Package;
2. Revocation of an approved conditional use permit;
3. Withholding issuance of a certificate of use, certificate of occupancy, or
building permit;
4. Issuance of a stop work order;
5. Public nuisance abatement pursuant to Chapter 8.20; and
6. Issuance of a citation.
B. Any landscaping that is installed, constructed, altered, enlarged, converted,
moved, or maintained contrary to the provisions of this Chapter and/or CVWD
Ordinance No. 1302.1, or failure to comply with any of the conditions of an
approved Landscape Documentation Package, permit, precise plan, conditional
use permit or variance granted by the Architectural Review Commission,
Planning Commission, and City Council under this Chapter or CVWD Ordinance
No. 1302.1, is declared to be unlawful. Any property owner, person, firm,
corporation, agent, employee or contractor, otherwise violating any provision of
this Chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and
shall be punishable as provided herein.
24.04.150 - Appeals
Decisions made by the Director of Public Works may be appealed by an applicant,
property owner(s) or designee(s) of any applicable project to the City Manager in
writing, within (15) days from the date of notification of decision. The City Manager's
decision may be appealed to the City Council by an application in writing to the City
Clerk of the City Council within fifteen (15) days from the date of notification of decision.
(:\I'lunninl;\Kevin tiwart i.\Word\('h:gNrr?d.U4 Waler F.Iliiicnl LandK;ge•\Wnter lilticient I:uulsrnpe(h'din;tuce.duc
ORDINANCE NO. 1258
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
24.04 OF THE PALM DESERT MUNICIPAL CODE,
PERTAINING TO THE WATER EFFICIENT LANDSCAPE
ORDINANCE AND GUIDELINES
WHEREAS, California Constitution Article X, Section 2 and California Water
Code Section 100 provide that because of conditions prevailing in the state of California
(the "State"), it is the declared policy of the State that the general welfare requires that
the water resources of the State shall be put to beneficial use to the fullest extent of
which they are capable, the waste or unreasonable use of water shall be prevented, and
the conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code Section 106, it is the declared
policy of the State that the use of water for domestic use is the highest use of water and
that the next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881"), enacted into law on
September 28, 2008, modifies and strengthens the existing "Water Conservation in
Landscaping Act" (California Government Code section 65591 et seq.) (the "Act"). The
Act's goal is to improve state water conservation efforts by establishing a model water
efficient landscape ordinance for local agencies to adopt and use for the purpose of
reducing water waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources
("Department") to update the existing model water efficient landscape ordinance which
provides guidelines for cities and counties to adopt local landscape irrigation ordinances
as required by the law; and
WHEREAS, California Government Code Section 65595 (a portion of AB 1881)
requires that local agencies either adopt a water efficient landscape ordinance that is,
based on evidence in the record, at least as effective in conserving water as the
updated State model ordinance adopted by the State or adopt the updated State Model
Water Efficient Landscape Ordinance; and
WHEREAS, the Coachella Valley Water District ("CVWD") has adopted a water
conservation ordinance, identified as Ordinance No. 1302.1, an Ordinance of the
Coachella Valley Water District Establishing Landscape and Irrigation System Design
Criteria ("CVWD Ordinance No. 1302.1") which seeks to prevent the misuse of the
City's water supply through measures that include restrictions on water usage, and
which satisfies the requirements of AB 1881; and
ORDINANCE NO. 1258
WHEREAS, the City Council finds that CVWD Ordinance No. 1302.1 is more
restrictive than the State's Model Ordinance because CVWD Ordinance No. 1302.1
requires a more stringent rate of evapotranspiration, and a higher degree of minimum
irrigation system design efficiency; and
WHEREAS, the City Council desires to amend Chapter 24.04 of the Palm Desert
Municipal Code ("PDMC") to adopt by reference CVWD Ordinance No. 1302, and all
future amendments and to make other related amendments to said chapter; and
WHEREAS, the City Council finds that this Ordinance is necessary to protect the
public health, safety, and welfare and to comply with applicable State law.
NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTIONS OF THE
PALM DESERT MUNICIPAL CODE IS HERBY AMENDED AS FOLLOWS:
SECTION 1. Amendments to PDMC Chapter 24.04.
Chapter 24.04 of the Municipal Code is hereby amended to read as illustrated in
Exhibit "A."
SECTION 2: Exemption from California Environmental Quality Act.
The City Council hereby determines that this Ordinance is exempt from review
under the California Environmental Quality Act ("CEQA") (California Public Resources
Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14
Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical
Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for
protection of the environment. The adoption of this Ordinance will result in the
enhancement and protection of water resources, and will not result in cumulative
adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions of
CEQA. The City Council hereby directs the City Manager or his designee to prepare
and file a Notice of Exemption within five business days following adoption of this
Ordinance.
SECTION 3: Severability.
The provisions of this Ordinance are severable, and the invalidity of any section,
paragraph, phrase, clause, or part of this Ordinance shall not affect the validity or
effectiveness of the remainder of this Ordinance.
G:TlanningWevin SwartzlWmAChapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordin;mce.dnc
ORDINANCE NO. 1258
SECTION 4: Effective Date.
This Ordinance shall become effective thirty (30) days after its adoption in
accordance with the provisions of California law.
SECTION 5: Publication.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in The Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this 12th day of September, 2013, by the
following vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
J N C. HA NIX, MAYOR
ATTEST:
R E LE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
08PtanninglKevin SwartztWordThapter 24.04 Water-Efficient fandscapelWater Efficient Landk-upe Ordinance.doc
ORDINANCE NO. 1.2.58
EXHIBIT "A"
1
CHAPTER 24.04 WATER-EFFICIENT LANDSCAPE
24.04.010 - Purpose and Intent.
24.04.020 - Applicability.
24.04.030 - Applicability--Exemptions.
24.04.040 - Landscape Documentation Package.
24.04.050 - Landscape Design Plan.
24.04.060 — Invasive Plant Species
24.04.070 - Landscape and Irrigation Maintenance.
24.04.080 - Landscape Irrigation Audits.
24.04.090 - Grading Design Plan.
24.04.100 - Certificate of Completion.
24.04.110 - Provisions for Existing Landscapes.
24.04.120 - Nuisance and Waste Water Prevention.
24.04.130 - Fees for Initial Review and Program Monitoring.
24.04.140 - Enforcement and Penalties
24.04.150 - Appeals.
24.04.010 - Purpose and Intent
A. The purpose-of this Chapter is to establish minimum water-efficient landscape
requirements for newly installed and rehabilitated landscapes. It is also the
purpose of this Chapter to implement these minimum requirements to meet the
State of California Code of Regulations Title 23. Water Division 2. Department of
Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and
the State of California Water Conservation in Landscaping Act, Reference:
Sections 65591, 65593, 65596 Government Code.
B. The Coachella Valley Water District (CVWD) has created a water efficient
landscape ordinance in compliance with the Department of Water Resources
Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1
Landscape and Irrigation System Design Criteria ("CVWD Ordinance.") The City
hereby adopts by reference CVWD Ordinance No. 1302 (in its most current
edition as of the date of plan submittal) as the City's water efficient landscape
criteria. It is the intent of the City Council to defer technical irrigation review and
approval process to CVWD consistent with the CVWD ordinance. The City will
have full authority over aesthetic (plant choice, spacing, and design) review.
C. It is the intent of the City Council to promote water conservation through the
planning, design, installation, and maintenance of landscapes by the use of
climate-appropriate plant material and efficient irrigation as well as to create a
Palm Desert landscape theme through enhancing and improving the physical
and natural environment.
GAPIanning\Kevin SwartAWorMhapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc
ORDINANCE NO. 1258
D. These provisions are supplementary and additional to the subdivision and zoning
regulation of this code and shall be read and construed as an integral part of the
regulations and controls established thereby.
E. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water
District establishing landscape and irrigation system design criteria. As
Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water-
Efficient Landscape so that it reflects the currently adopted version of the CVWD
ordinance.
24.04.020 — Applicability
This chapter applies to:
A. All new and rehabilitated landscaping for public agency projects and private
development projects including, but not limited to, industrial, commercial and
recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts, five or
more infill lots, and multifamily projects, per CVWD Ordinance 1302.1.
C. New construction landscapes that are homeowner-provided and/or homeowner-
hired in single and multi-family residential projects with a cumulative total
property/project landscape area equal to or greater than 5,000 square feet.
D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130,
24.04.150, and 24.04.160.
24.04.030 Applicability - Exemptions
The following are exempt from the provisions of this chapter:
A. Homeowner-provided or rehabilitated landscaping at single-family and multifamily
projects having a cumulative total property/project landscape area of less than
5,000 square feet;
B. Cemeteries;
C. Registered historical sites as determined by the City Council;
D. Ecological restoration projects that do not require a permanent irrigation system;
and
E. Plant collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
GAPJanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Unds:ape Ordinance.doc
ORDINANCE NO. 1.258
24.04.040 - Landscape Documentation Package
A. Two copies of a Landscape Documentation Package conforming to this Chapter
shall be submitted to the City of Palm Desert and CVWD per Ordinance 1302.1.
Preliminary approval of the project, specifically the Landscape Design Plan as
outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall
be obtained from the Architectural Review Commission prior to submittal of the
Landscape Documentation Package to the Director of Public Works. No person,
either as property owner, contractor, landscape architect or otherwise subject to
the provisions of this Chapter shall cause landscape construction work to begin
without having an approved Landscape Documentation Package approved by
CVWD per Ordinance 1302.1, and from the Director of Public Works.
B. All requirements for the Landscape Documentation Package are found within
CVWD Ordinance 1302.1 .
C. Landscapes shall be maintained per the approved Landscape Document
Package.
D. All property owners, persons, firms, corporations, agents, employees or
contractors of regulated projects shall complete and submit the landscape project
application and comply with the approved Landscape Documentation Package
as required pursuant to this Chapter and CVWD Ordinance No. 1302.1.
i
E. An approved Landscape Documentation Package will run with the property and J
the installed landscape will be maintained into perpetuity per the approved
Landscape Documentation Package. A current or new property owner may
request amendments to an approved Landscape Documentation Package
provided they are consistent with the original intent, design quality, and water
efficiency of the original approved Landscape Documentation Package. Any
request shall be subject to the current City approval process.
24.04.050 - Landscape Design Plan
A. For efficient use of water, a Landscape Design Plan shall be carefully designed
and planned for the intended function of the project.
B. The Landscape Design Plan shall be submitted as part of the Landscape
Documentation Package; and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The Landscape Design Plan shall incorporate design criteria found in the current
edition of the City's "Desert Flora Design Guide" publication.
GAPlenning\Kevin Swartz\Wurd\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.dac
ORDINANCE NO. ►zsH
24.04.060 - Invasive Plant Species
Noxious weeds are any weed designated by the weed control regulations in the Weed
► Control Act and identified on a regional district noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database, and are prohibited in a landscape design.
24.04.070 - Landscape and Irrigation Maintenance
A regular maintenance schedule containing the following conditions shall be submitted
with the Certificate of Completion for all projects:
A. Landscapes shall be maintained to ensure water efficiency. The regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf areas;
replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and
removing any obstruction to emission devices in all landscaped areas.
B. Whenever possible, repair of irrigation equipment shall be done with the originally
specified materials or their equivalents.
C. Operation of irrigation systems outside the normal watering window is allowed for
auditing and system maintenance.
D. Landscape and irrigation maintenance activities shall be pursuant to those
described in the current edition of the City's "Desert Flora Maintenance"
publication.
24.04.080 - Landscape Irrigation Audits
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to CVWD Ordinance 1302.1.
24.04.090 - Grading Design Plan
Grading Design Plans per Title 27 of the Palm Desert Municipal Code shall be
submitted as part of the Landscape Documentation Package. For the purpose of this
section, the Grading Design Plan shall meet and shall be submitted pursuant to CVWD
Ordinance 1302.1.
24.04.100 - Certificate of Completion
Certificates of Completion shall be certified by a license architect or designer of record
per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects.
GAP)anning\Kevin SwaruMord\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc
ORDINANCE NO. 1758
24.04.110 - Provisions for Existing Landscapes
Existing landscapes in excess of one acre in size shall be subject to a landscape audit,
irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1,
Landscape and Irrigation System Design Criteria.
24.04.120 - Nuisance and waste water prevention
A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system
installed or maintained in violation of this Chapter, including those failing to
conform to approved landscaping plans, is declared to be a public nuisance
under Section 8.70.010 and 8.70.030 and is subject to abatement pursuant to
Chapter 8.20.
B. Nuisance Water. The operation of a landscape irrigation system that creates
overspray and/or runoff onto impervious surfaces (such as sidewalks, driveways,
ditches, gutters, and roadways) in the public right of way shall be deemed to
create nuisance water when such condition is observed to exist on any three
days within a seven-day period. Nuisance water is a public nuisance under
section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20.
C. Variances. The City Manager or his/her designee may, in writing, grant variances
to persons who apply in writing for water uses prohibited by this chapter if it is
found that a variance is necessary to prevent an emergency condition relating to
health and safety, and if the person seeking a variance has demonstrated that he J
or she has implemented measures in some other manner that achieves the
objectives of the chapter.
24.04.130 - Fees for Initial Review and Program Monitoring
A. For the purposes of meeting its obligations under this chapter, the following fees
are deemed necessary to review landscape documentation packages and
monitor landscape irrigation audits and shall be imposed on the subject
applicant, property owner or designee.
1. A Landscape Documentation Package review fee will be due at time of
initial project application submission to the Public Works Department.
2. The water purveyor may require every five years the project
owner/developer to cause a landscape irrigation audit to be completed by
a certified landscape irrigation auditor. No City fee will be due for the
review of the audit by the Director of Public Works.
3. If a Landscape Documentation Package is not submitted prior to the start
of landscape construction work by those persons required to submit a
package, a late submittal fee of twice the review fee shall be charged.
UAPIanumg\Kevin Swartz\WnrdThapter 24.04 Water-Efficient LandNeape\Water Efficient Landacape Ordinance.duc
ORDINANCE NO. 1251
B. The City Council, by resolution, shall establish the amount of the above fees in
this section in accordance with applicable law.
24.04.140 - Enforcement and Penalties
A. For the purposes of ensuring that persons comply with the provisions of this
chapter, the City Manager or his/her designee may, following written notice to
subject property owner(s), initiate enforcement action(s) against such property
owner(s) or designee(s), which enforcement action may include, but not be
limited to, the following:
1. Revocation of a Landscape Documentation Package;
2. Revocation of an approved conditional use permit;
3. Withholding issuance of a certificate of use, certificate of occupancy, or
building permit;
4. Issuance of a stop work order;
5. Public nuisance abatement pursuant to Chapter 8.20; and
6. Issuance of a citation.
B. Any landscaping that is installed, constructed, altered, enlarged, converted,
moved, or maintained contrary to the provisions of this Chapter and/or CVWD
Ordinance No. 1302.1 , or failure to comply with any of the conditions of an
approved Landscape Documentation Package, permit, precise plan, conditional
use permit or variance granted by the Architectural Review Commission,
Planning Commission, and City Council under this Chapter or CVWD Ordinance
No. 1302.1 , is declared to be unlawful. Any property owner, person, firm,
corporation, agent, employee or contractor, otherwise violating any provision of
this Chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and
shall be punishable as provided herein.
24.04.150 - Appeals
Decisions made by the Director of Public Works may be appealed by an applicant,
property owner(s) or designee(s) of any applicable project to the City Manager in
writing, within (15) days from the date of notification of decision. The City Manager's
decision may be appealed to the City Council by an application in writing to the City
Clerk of the City Council within fifteen (15) days from the date of notification of decision.
(7:\Poa na irydKevin Swmtr\Wurd\Chapli•r N.M Water H ieient lain,alm-Water F11,16eut I:md'vape Ordinance.duc
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: CONSIDERATION OF APPROVAL OF AMENDMENTS TO THE PALM
DESERT MUNCICPAL CODE, CHAPTER 24.04, PERTAINING TO
WATER EFFICIENT LANDSCAPE ORDINANCE AND GUIDELINES
SUBMITTED BY: Kevin Swartz, Assistant Planner
DATE: August 22, 2013
CONTENTS: Ordinance No. Exhibit A
Legal Notice
Recommendation
Waive further reading and pass Ordinance No. to second reading
approving amendments to the Palm Desert Municipal Code (PDMC) Chapter
24.04 Water-Efficient Landscape, and to adopt by reference Coachella Valley
Water District (CVWD) Ordinance No. 1302.1, and all future amendments.
Executive Summary
This report recommends that the City Council adopt amendments to the Municipal Code to
establish minimum water-efficient landscape requirements for newly installed and rehabilitated
landscape areas greater than 5,000 square feet. The amendments also ensure that the City is in
compliance and meets the State of California Code of Regulations Title 23. Water Division 2.
Department of Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and
the State of California Water Conservation in Landscaping Act.
Coachella Valley Water District (CVWD) has created a water efficient landscape ordinance in
compliance with the Department of Water Resources (CVWD Ordinance 1302.1). It is the intent
of the City to defer technical irrigation review and approval process to CVWD. The City will still
maintain full authority over aesthetic (plant choice, spacing, and design) review.
Background
AB 1881 was enacted into law on September 28, 2008. AB 1881 modifies and strengthens the
existing "Water Conservation in Landscaping Act" (California Government Code section 65591
et seq.) (the "Act"). The Act's goal is to improve state water conservation efforts by establishing
a model water-efficient landscape ordinance for local agencies to adopt and use for the purpose
of reducing water waste associated with irrigation of outdoor landscaping. AB 1881 also requires
the State Department of Water Resources to update the existing model water-efficient
landscape ordinance which provides guidelines for cities and counties to adopt local landscape
irrigation ordinances as required by the law.
Staff Report
Approval of Amendments to Chapter 24.04 Water-Efficient Landscape
Page 2 of 3
August 22, 2013
California Government Code Section 65595 (a portion of AB 1881) requires that local agencies
either adopt a water-efficient landscape ordinance that is at least as effective in conserving
water as the updated State model ordinance adopted by the State, or adopt the updated State
Model Water-Efficient Landscape Ordinance.
CVWD has adopted a water conservation ordinance, identified as Ordinance No. 1302.1,which
seeks to prevent the misuse of the City's water supply, which is more restrictive than the
requirements of AB 1881.
Analysis
The amendments to Chapter 24.04 would promote water conservation through the planning,
design, installation, and maintenance of landscapes by the use of climate-appropriate plant
material and efficient irrigation. The amendments would also create a Palm Desert landscape
theme through enhancing and improving the physical and natural environment.
Also, the proposed amendments would comply with provisions of California Assembly Bill 1881
(AB 1881).AB 1881 modifies and strengthens the existing"Water Conservation in Landscaping
Act" (California Government Code section 65591 et seq.).
The City will defer technical irrigation review and approval process to CVWD consistent with the
CVWD ordinance. The City will have full authority over aesthetic plant choice, spacing, and
design review. In 2012, the Landscape Beautification Committee merged into the City's
Architectural Review Commission, which approves plant pallet, location, and aesthic impacts.
The proposed amendments establish clear procedures for submitting the Landscape
Documentation Package, enforcement, and penalties for violation of the ordinance.
The new ordinance applies to all new and rehabilitated landscaping for public agency projects
and private development projects including, but not limited to:
A. Industrial, commercial and recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts,five or more infill
lots, and multi-family projects.
C. New construction landscapes that are homeowner-provided and/or homeowner-hired in
single and multi-family residential projects with a cumulative total property/project
landscape area equal to or greater than 5,000 square feet.
Environmental Review
The City Council hereby determines that this Ordinance is exempt from review under the
California Environmental Quality Act ("CEQA") (California Public Resources Code Section
21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14 Cal. Code Regs., §
15307), this Ordinance is covered by the CEQA Categorical Exemption for actions taken to
assure the maintenance, restoration, enhancement, or protection of a natural resource where
GAPlanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Council Staff Report.doc
Staff Report
Approval of Amendments to Chapter 24.04 Water-Efficient Landscape
Page 3 of 3
August 22, 2013
the regulatory process involves procedures for protection of the environment. The adoption of
this Ordinance will result in the enhancement and protection of water resources, and will not
result in cumulative adverse environment impacts or any other potentially significant impact
described in State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions
of CEQA. The City Council hereby directs the City Manager or his designee to prepare and file a
Notice of Exemption within five business days following adoption of this Ordinance.
Fiscal Analysis
There is no significant fiscal impact regarding the approval of the amendments to Chapter 24.04
Water-Efficient Landscape of the Palm Desert Municipal Code.
Submitted By:
Kevin Swartz, Assistant Planner
Department Head:
Lauri Aylaian, Director of Community Development
Mark Greenwood, Director of Public Works
Approval:
John M. Wohlmuth, City Manager
GAPlanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Council Staff Report.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, AMENDING CHAPTER
24.04 OF THE PALM DESERT MUNICIPAL CODE,
PERTAINING TO THE WATER EFFICIENT LANDSCAPE
ORDINANCE AND GUIDELINES
WHEREAS, California Constitution Article X, Section 2 and California Water
Code Section 100 provide that because of conditions prevailing in the state of California
(the "State"), it is the declared policy of the State that the general welfare requires that
the water resources of the State shall be put to beneficial use to the fullest extent of
which they are capable, the waste or unreasonable use of water shall be prevented, and
the conservation of such waters is to be exercised with a view to the reasonable and
beneficial use thereof in the interest of the people and the public welfare; and
WHEREAS, pursuant to California Water Code Section 106, it is the declared
policy of the State that the use of water for domestic use is the highest use of water and
that the next highest use is for irrigation; and
WHEREAS, California Assembly Bill 1881 ("AB 1881"), enacted into law on
September 28, 2008, modifies and strengthens the existing "Water Conservation in
Landscaping Act" (California Government Code section 65591 et seq.) (the "Act"). The
Act's goal is to improve state water conservation efforts by establishing a model water
efficient landscape ordinance for local agencies to adopt and use for the purpose of
reducing water waste associated with irrigation of outdoor landscaping; and
WHEREAS, AB 1881 requires the State Department of Water Resources
("Department") to update the existing model water efficient landscape ordinance which
provides guidelines for cities and counties to adopt local landscape irrigation ordinances
as required by the law; and
WHEREAS, California Government Code Section 65595 (a portion of AB 1881)
requires that local agencies either adopt a water efficient landscape ordinance that is,
based on evidence in the record, at least as effective in conserving water as the
updated State model ordinance adopted by the State or adopt the updated State Model
Water Efficient Landscape Ordinance; and
WHEREAS, the Coachella Valley Water District ("CVWD") has adopted a water
conservation ordinance, identified as Ordinance No. 1302.1 , an Ordinance of the
Coachella Valley Water District Establishing Landscape and Irrigation System Design
Criteria ("CVWD Ordinance No. 1302.1") which seeks to prevent the misuse of the
City's water supply through measures that include restrictions on water usage, and
which satisfies the requirements of AB 1881 ; and
ORDINANCE NO.
WHEREAS, the City Council finds that CVWD Ordinance No. 1302.1 is more
restrictive than the State's Model Ordinance because CVWD Ordinance No. 1302.1
requires a more stringent rate of evapotranspiration, and a higher degree of minimum
irrigation system design efficiency; and
WHEREAS, the City Council desires to amend Chapter 24.04 of the Palm Desert
Municipal Code ("PDMC") to adopt by reference CVWD Ordinance No. 1302, and all
future amendments and to make other related amendments to said chapter; and
WHEREAS, the City Council finds that this Ordinance is necessary to protect the
public health, safety, and welfare and to comply with applicable State law.
NOW THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTIONS OF THE
PALM DESERT MUNICIPAL CODE IS HERBY AMENDED AS FOLLOWS:
SECTION 1 . Amendments to PDMC Chapter 24.04.
Chapter 24.04 of the Municipal Code is hereby amended to read as illustrated in
Exhibit "A."
SECTION 2: Exemption from California Environmental Quality Act.
The City Council hereby determines that this Ordinance is exempt from review
under the California Environmental Quality Act ("CEQA") (California Public Resources
Code Section 21000 et seq.). Pursuant to State CEQA Guidelines section 15307 (14
Cal. Code Regs., § 15307), this Ordinance is covered by the CEQA Categorical
Exemption for actions taken to assure the maintenance, restoration, enhancement, or
protection of a natural resource where the regulatory process involves procedures for
protection of the environment. The adoption of this Ordinance will result in the
enhancement and protection of water resources, and will not result in cumulative
adverse environment impacts or any other potentially significant impact described in
State CEQA Guidelines section 15300.2. It is therefore exempt from the provisions of
CEQA. The City Council hereby directs the City Manager or his designee to prepare
and file a Notice of Exemption within five business days following adoption of this
Ordinance.
SECTION 3: Severability.
The provisions of this Ordinance are severable, and the invalidity of any section,
paragraph, phrase, clause, or part of this Ordinance shall not affect the validity or
effectiveness of the remainder of this Ordinance.
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ORDINANCE NO.
SECTION 4: Effective Date.
This Ordinance shall become effective thirty (30) days after its adoption in
accordance with the provisions of California law.
SECTION 5: Publication.
The City Clerk of the City of Palm Desert, California, is hereby directed to publish
this ordinance in The Desert Sun, a newspaper of general circulation, published and
circulated in the City of Palm Desert, California, and shall be in full force and effective
thirty (30) days after its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this day of , 2013, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
JAN C. HARNIK, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ORDINANCE NO.
EXHIBIT "A"
CHAPTER 24.04 WATER-EFFICIENT LANDSCAPE
24.04.010 - Purpose and Intent.
24.04.020 - Applicability.
24.04.030 - Applicability--Exemptions.
24.04.040 - Landscape Documentation Package.
24.04.050 - Landscape Design Plan.
24.04.060 — Invasive Plant Species
24.04.070 - Landscape and Irrigation Maintenance.
24.04.080 - Landscape Irrigation Audits.
24.04.090 - Grading Design Plan.
24.04.100 - Certificate of Completion.
24.04.110 - Provisions for Existing Landscapes.
24.04.120 - Nuisance and Waste Water Prevention.
24.04.130 - Fees for Initial Review and Program Monitoring.
24.04.140 - Enforcement and Penalties
24.04.150 - Appeals.
24.04.010 - Purpose and Intent
A. The purpose of this Chapter is to establish minimum water-efficient landscape
requirements for newly installed and rehabilitated landscapes. It is also the
purpose of this Chapter to implement these minimum requirements to meet the
State of California Code of Regulations Title 23. Water Division 2. Department of
Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and
the State of California Water Conservation in Landscaping Act, Reference:
Sections 65591 , 65593, 65596 Government Code.
B. The Coachella Valley Water District (CVWD) has created a water efficient
landscape ordinance in compliance with the Department of Water Resources
Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1
Landscape and Irrigation System Design Criteria ("CVWD Ordinance.") The City
hereby adopts by reference CVWD Ordinance No. 1302 (in its most current
edition as of the date of plan submittal) as the City's water efficient landscape
criteria. It is the intent of the City Council to defer technical irrigation review and
approval process to CVWD consistent with the CVWD ordinance. The City will
have full authority over aesthetic (plant choice, spacing, and design) review.
C. It is the intent of the City Council to promote water conservation through the
planning, design, installation, and maintenance of landscapes by the use of
climate-appropriate plant material and efficient irrigation as well as to create a
Palm Desert landscape theme through enhancing and improving the physical
and natural environment.
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ORDINANCE NO.
D. These provisions are supplementary and additional to the subdivision and zoning
regulation of this code and shall be read and construed as an integral part of the
regulations and controls established thereby.
E. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water
District establishing landscape and irrigation system design criteria. As
Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water-
Efficient Landscape so that it reflects the currently adopted version of the CVWD
ordinance.
24.04.020 — Applicability
This chapter applies to:
A. All new and rehabilitated landscaping for public agency projects and private
development projects including, but not limited to, industrial, commercial and
recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts, five or
more infill lots, and multifamily projects, per CVWD Ordinance 1302.1 .
C. New construction landscapes that are homeowner-provided and/or homeowner-
hired in single and multi-family residential projects with a cumulative total
property/project landscape area equal to or greater than 5,000 square feet.
D. Existing landscapes are subject only to Sections 24.04.120, 24,04.130,
24.04.150, and 24.04.160.
24.04.030 Applicability - Exemptions
The following are exempt from the provisions of this chapter:
A. Homeowner-provided or rehabilitated landscaping at single-family and multifamily
projects having a cumulative total property/project landscape area of less than
5,000 square feet;
B. Cemeteries;
C. Registered historical sites as determined by the City Council;
D. Ecological restoration projects that do not require a permanent irrigation system;
and
E. Plant collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
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ORDINANCE NO.
24.04.040 - Landscape Documentation Package
A. Two copies of a Landscape Documentation Package conforming to this Chapter
shall be submitted to the City of Palm Desert and CVWD per Ordinance 1302.1.
Preliminary approval of the project, specifically the Landscape Design Plan as
outlined in Section 24.04.050, and defined within CVWD Ordinance 1302.1, shall
be obtained from the Architectural Review Commission prior to submittal of the
Landscape Documentation Package to the Director of Public Works. No person,
either as property owner, contractor, landscape architect or otherwise subject to
the provisions of this Chapter shall cause landscape construction work to begin
without having an approved Landscape Documentation Package approved by
CVWD per Ordinance 1302.1, and from the Director of Public Works.
B. All requirements for the Landscape Documentation Package are found within
CVWD Ordinance 1302.1.
C. Landscapes shall be maintained per the approved Landscape Document
Package.
D. All property owners, persons, firms, corporations, agents, employees or
contractors of regulated projects shall complete and submit the landscape project
application and comply with the approved Landscape Documentation Package
as required pursuant to this Chapter and CVWD Ordinance No. 1302.1.
E. An approved Landscape Documentation Package will run with the property and
the installed landscape will be maintained into perpetuity per the approved
Landscape Documentation Package. A current or new property owner may
request amendments to an approved Landscape Documentation Package
provided they are consistent with the original intent, design quality, and water
efficiency of the original approved Landscape Documentation Package. Any
request shall be subject to the current City approval process.
24.04.050 - Landscape Design Plan
A. For efficient use of water, a Landscape Design Plan shall be carefully designed
and planned for the intended function of the project.
B. The Landscape Design Plan shall be submitted as part of the Landscape
Documentation Package; and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The Landscape Design Plan shall incorporate design criteria found in the current
edition of the City's "Desert Flora Design Guide" publication.
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ORDINANCE NO.
24.04.060 - Invasive Plant Species
Noxious weeds are any weed designated by the weed control regulations in the Weed
Control Act and identified on a regional district noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database, and are prohibited in a landscape design.
24.04.070 - Landscape and Irrigation Maintenance
A regular maintenance schedule containing the following conditions shall be submitted
with the Certificate of Completion for all projects:
A. Landscapes shall be maintained to ensure water efficiency. The regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf areas;
replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and
removing any obstruction to emission devices in all landscaped areas.
B. Whenever possible, repair of irrigation equipment shall be done with the originally
specified materials or their equivalents.
C. Operation of irrigation systems outside the normal watering window is allowed for
auditing and system maintenance.
D. Landscape and irrigation maintenance activities shall be pursuant to those
described in the current edition of the City's "Desert Flora Maintenance"
publication.
24.04.080 - Landscape Irrigation Audits
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to CVWD Ordinance 1302.1 .
24.04.090 - Grading Design Plan
Grading Design Plans per Title 27 of the Palm Desert Municipal Code shall be
submitted as part of the Landscape Documentation Package. For the purpose of this
section, the Grading Design Plan shall meet and shall be submitted pursuant to CVWD
Ordinance 1302.1 .
24.04.100 - Certificate of Completion
Certificates of Completion shall be certified by a license architect or designer of record
per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects.
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ORDINANCE NO.
24.04.110 - Provisions for Existing Landscapes
Existing landscapes in excess of one acre in size shall be subject to a landscape audit,
irrigation survey, and water use analysis pursuant to CVWD Ordinance No. 1302.1,
Landscape and Irrigation System Design Criteria.
24.04.120 - Nuisance and waste water prevention
A. Public Nuisance Declaration. Any landscaping or landscaping irrigation system
installed or maintained in violation of this Chapter, including those failing to
conform to approved landscaping plans, is declared to be a public nuisance
under Section 8.70.010 and 8.70.030 and is subject to abatement pursuant to
Chapter 8.20.
B. Nuisance Water. The operation of a landscape irrigation system that creates
overspray and/or runoff onto impervious surfaces (such as sidewalks, driveways,
ditches, gutters, and roadways) in the public right of way shall be deemed to
create nuisance water when such condition is observed to exist on any three
days within a seven-day period. Nuisance water is a public nuisance under
section 8.20.020(T)(8) and subject to abatement pursuant to Chapter 8.20.
C. Variances. The City Manager or his/her designee may, in writing, grant variances
to persons who apply in writing for water uses prohibited by this chapter if it is
found that a variance is necessary to prevent an emergency condition relating to
health and safety, and if the person seeking a variance has demonstrated that he
or she has implemented measures in some other manner that achieves the
objectives of the chapter.
24.04.130 - Fees for Initial Review and Program Monitoring
A. For the purposes of meeting its obligations under this chapter, the following fees
are deemed necessary to review landscape documentation packages and
monitor landscape irrigation audits and shall be imposed on the subject
applicant, property owner or designee.
1. A Landscape Documentation Package review fee will be due at time of
initial project application submission to the Public Works Department.
2. The water purveyor may require every five years the project
owner/developer to cause a landscape irrigation audit to be completed by
a certified landscape irrigation auditor. No City fee will be due for the
review of the audit by the Director of Public Works.
3. If a Landscape Documentation Package is not submitted prior to the start
of landscape construction work by those persons required to submit a
package, a late submittal fee of twice the review fee shall be charged.
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ORDINANCE NO.
B. The City Council, by resolution, shall establish the amount of the above fees in
this section in accordance with applicable law.
24.04.140 - Enforcement and Penalties
A. For the purposes of ensuring that persons comply with the provisions of this
chapter, the City Manager or his/her designee may, following written notice to
subject property owner(s), initiate enforcement action(s) against such property
owner(s) or designee(s), which enforcement action may include, but not be
limited to, the following:
1 . Revocation of a Landscape Documentation Package;
2. Revocation of an approved conditional use permit;
3. Withholding issuance of a certificate of use, certificate of occupancy, or
building permit;
4. Issuance of a stop work order;
5. Public nuisance abatement pursuant to Chapter 8.20; and
6. Issuance of a citation.
B. Any landscaping that is installed, constructed, altered, enlarged, converted,
moved, or maintained contrary to the provisions of this Chapter and/or CVWD
Ordinance No. 1302.1, or failure to comply with any of the conditions of an
approved Landscape Documentation Package, permit, precise plan, conditional
use permit or variance granted by the Architectural Review Commission,
Planning Commission, and City Council under this Chapter or CVWD Ordinance
No. 1302.1, is declared to be unlawful. Any property owner, person, firm,
corporation, agent, employee or contractor, otherwise violating any provision of
this Chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and
shall be punishable as provided herein.
24.04.150 - Appeals
Decisions made by the Director of Public Works may be appealed by an applicant,
property owner(s) or designee(s) of any applicable project to the City Manager in
writing, within (15) days from the date of notification of decision. The City Manager's
decision may be appealed to the City Council by an application in writing to the City
Clerk of the City Council within fifteen (15) days from the date of notification of decision.
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C I I y 0 P l[ 10 0 1
73-510 FRED WARING DRIVE
PALM DESERT, CALIFORNIA 92260-2578
TEL: 76o 346—o6ii
FAX: 760 341-7098
A info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD
BEFORE THE PALM DESERT CITY COUNCIL TO CONSIDER
AMENDMENTS TO PALM DESERT MUNICIPAL CODE CHAPTER 24.04
WATER-EFFICIENT LANDSCAPE AND ADOPT BY REFERENCE
COACHELLA VALLEY WATER DISTRICT ORDINANCE NO. 1302.1,
AND ALL FUTURE AMENDMENTS.
PROJECT LOCATION:
Citywide, City of Palm Desert, Council Chambers
PUBLIC HEARING:
SAID public hearing will be held on Thursday, August 22, 2013, at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm
Desert, California, at which time and place all interested persons are invited.to attend and
be heard. Written comments concerning all items covered by this public hearing notice
shall be accepted up to the date of the hearing. Information concerning the proposed
moratorium is available for review in the Department of Community Development at the
above address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If
you challenge the proposed actions in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in
written correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun Rachelle Klassen, City Clerk
August 10, 2013 Palm Desert City Council