HomeMy WebLinkAboutORD 1201ORDINANCE NO. 1201
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING TITLE 24, ENVIRONMENT AND
CONSERVATION, CHAPTER 24.04, WATER -EFFICIENT LANDSCAPE
ORDINANCE, AS WELL AS REPEALING MUNICIPAL CODE
SECTIONS 8.70.330 AND 12.08.010 RELATING TO EXCESS
WATERING.
WHEREAS, the City of Palm Desert has been a leader in drought tolerant water -
efficient landscaping since the adoption of Ordinance No. 688 establishing minimum
water efficient landscaping requirements; and
WHEREAS, the revised ordinance is being updated and adopted to meet the
minimum requirements of the state of California Code of Regulations Title 23 related to
the State of California Water Conservation in Landscaping Act, Reference: Sections
65591, 65593, 65596 Government Code; and
WHEREAS, the amended Water -Efficient Landscaped Ordinance will continue to
promote water conservation and appropriate plant material and design to match the
Palm Desert theme and climate and incorporate the prohibitions of excess watering
previously contained in Sections 8.70.330 and 12.08.010; and
WHEREAS, said request has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act",
Resolution No. 06-78, the Director of Community Development has determined that the
project will not have a negative impact on the environment and is exempt from CEQA.
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1: Palm Desert Municipal Code Chapter 24.04 is herby amended as
described in Exhibit A, attached hereto.
SECTION 2: Palm Desert Municipal Code Sections 8.70.330 and 12.08.010 are
herby repealed their entirety.
SECTION 3: That 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 effect thirty (30)
days after its adoption.
ORDINANCE NO. 1201
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 14th day of Janua , 2010, by the following vote, to wit:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
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ORDINANCE NO. 1201
EXHIBIT A
CHAPTER 24.04, WATER -EFFICIENT LANDSCAPE
24.04.010 - Purpose and Intent.
24.04.020 - Definitions.
24.04.030 - Applicability.
24.04.040 - Applicability --Exemptions.
24.04.050 - Landscape Documentation Package.
24.04.060 - Water Efficient Landscape Worksheet.
24.04.070 - Soil Management Plan.
24.04.080 - Landscape Design Plan.
24.04.090 - Irrigation Design Plan.
24.04.100 - Irrigation Scheduling.
24.04.110 - Landscape and Irrigation Maintenance.
24.04.120 - Landscape Irrigation Audits.
24.04.130 - Grading Design Plan.
24.04.140 - Certificate of Completion.
24.04.150 - Public Education.
24.04.160 - Provisions for Existing Landscapes.
24.04.170 - Nuisance and Waste Water Prevention.
24.04.171 - Public Nuisance Declaration.
24.04.172 - Prohibited acts.
24.04.173 - Variances.
24.01.174 - Enforcement.
24.04.180 - Fees for Initial Review and Program Monitoring.
24.04.190 - Enforcement and Penalties
24.04.200 - 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. 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). It is the intent of the
City Council to defer technical irrigation review and approval process to CVWD
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ORDINANCE NO. 1201
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.
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. (Ord. 688 § 3, 1992)
24.04.020 — Definitions
The words used in Section 0.00.020 of the CVWD Ordinance 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 to eliminate drainage from the lower elevation sprinkler heads.
APPLICATION RATE - The depth of water applied to a given area, usually measured in
inches per hour and is also known as precipitation rate (sprinklers) or emission rate
(drippers/microsprayers) in gallons per hour.
APPLIED WATER - The portion of water supplied by the irrigation system to the
landscape.
AUTOMATIC CONTROLLER - 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) — Is considered the 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:
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ORDINANCE NO. 1201
(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 — Is the 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.
DISTRICT — The Coachella Valley Water District.
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 — Is 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 — Are time clocks that have the capabilities of
multiprogramming, water budgeting and multiple start times.
EMISSION UNIFORMITY — Is the 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% EULQ for drippers, microsprays and pressure compensating
bubblers.
EMITTER - Drip irrigation fittings that deliver water slowly from the watering 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 — Is the first year after installing the plant in the landscape.
ESTIMATED TOTAL WATER USE (By hydrozone) - The portion of the estimated
annual total applied water use that is derived from applied water to a specified
hydrozone.
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ORDINANCE NO. 1201
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 (MAWA).
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).
FINISHED GRADE — Grade height after surface mulch covering has been installed.
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, 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.
HYDROZONE — Is the 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 non -irrigated. For example, a naturalized area planted with native
vegetation that will not need supplemental irrigation (once established) is a non -irrigated
hydrozone.
INFILTRATION RATE - The rate of water entry into the soil expressed as a depth of
water per unit of time (inches per hour).
INVASIVE PLANT SPECIES — Species of plants not historically found in California that
spread outside cultivated areas and can damage environmental or economic resources.
Invasive species may be regulated by county agricultural agencies as noxious weeds.
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
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ORDINANCE NO. 1201
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database.
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 — Is the entire parcel area less the building footprint, driveways,
non -irrigated 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
sprinklers from a valve.
LOCAL AGENCY — Is the city, county, or water purveyor responsible for adopting and
implementing the ordinance. The local agency is also responsible for enforcement of
the ordinance, including, but not limited to, approval of a design review, permit, plan
check, or inspection of a project.
MAIN LINE — Is the pressurized pipeline that delivers water from the water source to a
valve or outlet.
MAXIMUM APPLIED WATER ALLOWANCE (MAWA) - 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 (MAWA).
MICROIRRIGATION - See drip irrigation.
MULCH - Any organic materials 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.
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ORDINANCE NO. 1201
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.
NATURAL GRADE — Grade height of native soil before application of surface mulch.
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 non -landscape 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 — Is 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/RECLAIMED WATER - Treated or recycled wastewater of a
quality suitable for non -potable uses such as landscape irrigation. Recycled water is
not for human consumption.
ORDINANCE NO. 1201
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.
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 having 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.
REHABILITATED LANDSCAPE - Any re -landscaping project in which the 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 (MAWA)
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 which flows from the planted area.
SERVICE LINE — Is the pressurized pipeline that delivers water from the water source
to the water meter.
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ORDINANCE NO. 1201
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 automatically control when to water
and when not to, providing exactly the right amount of water to maintain lush, healthy
growing conditions.
SOIL MOISTURE -SENSING DEVICE — Is a device that measures the amount of water
in the soil.
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 — Is 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.
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 FEATURE - Any water applied to the landscape for non -irrigation, 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.
WATER SYSTEM - The network of piping, valves and irrigation heads.
WUCOLS III - Water Use Classifications of Landscape Species III
24.04.030 — 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 landscaping in single-family and multifamily projects.
(Ord. 688 § 5, 1992)
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ORDINANCE NO. 1201
C. New construction landscapes which are homeowner -provided and/or
homeowner -hired in single and multi -family residential projects with a total
project landscape area equal to or greater 5,000 square feet.
D. Existing landscapes are limited to Section 24.04.170.
24.04.040 Applicability - Exemptions
The following are exempt from the provisions of this chapter:
A. Homeowner -provided landscaping at single-family and multifamily projects;
having a total 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 and mined -land reclamation 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.
24.04.050 - Landscape Documentation Package
A. One copy of the Landscape Documentation Package conforming to this Chapter
shall be submitted to the City. All development projects pursuant to Section
24.04.030 shall submit two copies of a preliminary landscape design plan for
review and approval.. Preliminary approval of the development, specifically the
landscape design plan, shall be granted by 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 package or
permission from the Director of Public Works.
B. All requirements for the Landscape Documentation Package are found in Section
0.00.030 of the CVWD Ordinance.
24.04.060 - Water Efficient Landscape Worksheet
The Water Efficient Landscape Worksheet is a required element of the Landscape
Documentation Package. A sample Water Efficient Landscape Worksheet can be found
in Appendix B of the CVWD Ordinance.
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ORDINANCE NO. 1201
24.04.070 - Soil Management Report
A. In order to reduce runoff and encourage healthy plant growth, a soils
management report shall be completed by the project applicant, or his /her
designee.
B. The requirements for the Soil Management Report are found in Section 0.00.040
D. of the CVWD Ordinance.
24.04.080 - 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 requirements found in Section 0.00.030
B. of the CVWD Ordinance.
C. The Landscape Design Plan shall incorporate design criteria found in the current
addition of the City's "Desert Flora, Design Manual" publication.
24.04.090 - Irrigation Design Plan
A. For the efficient use of water, an irrigation system and its related components
shall be planned and designed to allow for proper installation, management, and
maintenance.
B. The Irrigation Design Plan shall be submitted with the Landscape Documentation
Package; and include all requirements found in Section 0.00.030 E. of the CVWD
Ordinance.
24.04.100 - Irrigation Scheduling
Irrigation schedules shall be submitted as part of the Landscape Documentation
Package and shall comply with Section 0.00.040 E. 2. of the CVWD Ordinance.
24.04.110 - Landscape and Irrigation Maintenance
A regular maintenance schedule satisfying the following conditions shall be submitted
with the Certificate of Completion:
A. Landscapes shall be maintained to ensure water efficiency. A regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf areas;
replenishing mulch; fertilizing; pruning, weeding, and removing any obstruction to
emission devices in all landscaped areas.
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ORDINANCE NO. 1201
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 addition of the City's "Desert Flora, Maintenance"
publication.
24.04.120 - Landscape Irrigation Audits
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to Sections 0.00.040 A and B of the CVWD Ordinance.
24.04.130 - Grading Design Plan
Grading design plans satisfying the city grading ordinance shall be submitted as part of
the Landscape Documentation Package. For the purpose of this Code, the Grading
Design Plan will be reviewed and shall include, at a minimum, finished configurations
and elevations of the landscaped area, including the height of graded slopes, drainage
patterns, pad elevations, finish grade, and stormwater retention improvements, if
applicable. The Grading Design Plan shall contain the following statement: "I have
complied with the criteria of the ordinance and applied them accordingly for the efficient
use of water in the Grading Design Plan" and shall bear the signature of a licensed
professional as authorized by law.
24.04.140 Certificate of Completion
Certificates of Completion shall be certified and submitted to the City pursuant to
Section 0.00.040 H. of the CVWD Ordinance.
24.04.150 - Public Education
Information regarding the design, installation, and maintenance of water efficient
landscapes shall be provided to all property owners pursuant to Section 0.00.040 J. of
the CVWD.
24.04.160 - Provisions for Existing Landscapes
Provisions for existing landscapes shall be pursuant to Ordinance No. 1302.1,
Landscape and Irrigation System Design Criteria, and it's associated Attachment A of
the Coachella Valley Water District.
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ORDINANCE NO. 1201
24.04.170 - NUISANCE AND WASTE WATER PREVENTION
24.04.171 - Public Nuisance Declaration
Nuisance water is a public nuisance under section 8.20.020(T)(8). Any violation of this
chapter is declared to be a public nuisance and may be abated.
24.04.172 - Prohibited acts
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.
24.04.173 - Variances
The City Manager or his/her designee may, in writing, grant variances to persons who
apply in writing for water uses prohibited by section 24.05.020 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.
24.04.174 - Enforcement
The code compliance division and employees as designated by the City Manager shall
be responsible for enforcement of the various sections of this article under their
respective authority or as is specifically assigned to them by the City Manager
24.04.180 - 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, for those persons required to submit a ^,
package, a late submittal fee of twice the review fee shall be required.
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ORDINANCE NO. 1201
B. The City Council, by resolution, shall establish the amount of the above fees in
this section in accordance with applicable law.
24.04.190 - Enforcement and Penalties
A. For the purposes of ensuring that persons comply with the provisions of this
chapter, the director of public works 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 and occupancy or building
permit;
4. Issuance of a stop work order; and
5. Noncompliance penalty as specified in Section 1.12.010 of the city
municipal code.
B. In addition to any other remedies for violation of city ordinances in force, the city
may bring and maintain any action permitted by law to restrain, correct or abate
any violation of this chapter; and in the event that legal action is brought by the
city, reasonable attorney's fees and court costs shall be awarded to the city and
shall constitute a debt owed by the violator to the city. The city may place a lien
on the affected property in the event any debts so incurred are not timely paid.
24.04.200 - 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 Council by an
application in writing to the City Clerk of the City Council within fifteen (15) days from
the date of notification of decision.
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