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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 1 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. I 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ordinances or parts of ordinances, and codes, in conflict with the provisions of this Ordinance, are hereby expressly repealed.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. 1 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. 2 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. 3 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. 4 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. 5 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. 6 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. 7 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 8 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. 9 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. 10 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.) 11 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. 12 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 13 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 i 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. 14 i 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. i 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 i 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. 15 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. 16 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. C9PJanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. GAPIanning\Kevin Swartz\WorMhapter'_4.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.duc 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. GAPlanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Lands ape grdinance.doc 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. GAPlanning\Kevin SwartMordWhapter 24.04 Water-Efficient LandscapeMater Efficient Landscape Ordinance.doc 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. UTIanning\Kevin Swartz\Wnrd\Chapter 24.04 Water-Efficient Land:k•ape\Water Efficient I,ndrape Ordinance.duc 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. GAPIanning\Kevin SwnrtAWordThapter 24.04 Water-Efficient Undunpe\WaterEfficient Landscape Ordinance.dnc 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. GAPlanning\Kevin Swartz\Word\Chapter 24d4 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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 GAPlanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landsape Ordinance.doc 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. GAPlanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. O:\Planning\Kevin Swartz\WordWhapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. GAPIanning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. GAPlanning\Kevin Swartz\WordWhapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. G:\Planning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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. G:\Planning\Kevin Swartz\Word\Chapter 24.04 Water-Efficient Landscape\Water Efficient Landscape Ordinance.doc 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