HomeMy WebLinkAboutORD 1258ORDINANCE NO. 1258
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,
paragraph, phrase, clause, or part of this Ordinance
effectiveness of the remainder of this Ordinance.
and the invalidity of any section,
shall not affect the validity or
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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 NIK, MAYOR
ATTEST:
R E LE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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ORDINANCE NO. 1258
EXHIBIT "A"
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CHAPTER 24.04 WATER -EFFICIENT LANDSCAPE
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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 •o
requirements for newly installed and rehabilitated landscapes. It is also the
purpose of this Chapter to implement these minimum requirements to meet the am
State of California Code of Regulations Title 23. Water Division 2. Department of
Water Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and
the State of California Water Conservation in Landscaping Act, Reference:
Sections 65591, 65593, 65596 Government Code.
B. The Coachella Valley Water District (CVWD) has created a water efficient
landscape ordinance in compliance with the Department of Water Resources
Model Water Efficient Landscape Ordinance; Attachment A of Ordinance 1302.1
Landscape and Irrigation System Design Criteria ("CVWD Ordinance.") The City
hereby adopts by reference CVWD Ordinance No. 1302 (in its most current
edition as of the date of plan submittal) as the City's water efficient landscape
criteria. It is the intent of the City Council to defer technical irrigation review and
approval process to CVWD consistent with the CVWD ordinance. The City will
have full authority over aesthetic (plant choice, spacing, and design) review.
C. It is the intent of the City Council to promote water conservation through the
planning, design, installation, and maintenance of landscapes by the use of
climate -appropriate plant material and efficient irrigation as well as to create a
Palm Desert landscape theme through enhancing and improving the physical
and natural environment.
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ORDINANCE NO. 1258
D. These provisions are supplementary and additional to the subdivision and zoning
regulation of this code and shall be read and construed as an integral part of the
regulations and controls established thereby.
E. Refer to Ordinance No. 1302.1, an Ordinance of the Coachella Valley Water
District establishing landscape and irrigation system design criteria. As
Ordinance No. 1302.1 is amended and/or revised, so is Chapter 24.04, Water -
Efficient Landscape so that it reflects the currently adopted version of the CVWD
ordinance.
24.04.020 — Applicability
This chapter applies to:
A. All new and rehabilitated landscaping for public agency projects and private
development projects including, but not limited to, industrial, commercial and
recreational projects.
B. Developer installed and rehabilitated landscaping in single-family tracts, five or
more infill lots, and multifamily projects, per CVWD Ordinance 1302.1.
C. New construction landscapes that are homeowner -provided and/or homeowner -
hired in single and multi -family residential projects with a cumulative total
property/project landscape area equal to or greater than 5,000 square feet.
D. Existing landscapes are subject only to Sections 24.04.120, 24.04.130,
24.04.150, and 24.04.160.
24.04.030 Applicability - Exemptions
The following are exempt from the provisions of this chapter:
A. Homeowner -provided or rehabilitated landscaping at single-family and multifamily
projects having a cumulative total property/project landscape area of less than
5,000 square feet;
B. Cemeteries;
C. Registered historical sites as determined by the City Council;
D. Ecological restoration projects that do not require a permanent irrigation system;
and
E. Plant collections, excluding typical landscaped areas, as part of botanical
gardens and arboretums open to the public.
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ORDINANCE NO. 1258
24.04.040 - Landscape Documentation Package
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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. UM
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 me
the installed landscape will be maintained into perpetuity per the approved
Landscape Documentation Package. A current or new property owner may
request amendments to an approved Landscape Documentation Package
provided they are consistent with the original intent, design quality, and water
efficiency of the original approved Landscape Documentation Package. Any
request shall be subject to the current City approval process.
24.04.050 - Landscape Design Plan
A. For efficient use of water, a Landscape Design Plan shall be carefully designed
and planned for the intended function of the project.
B. The Landscape Design Plan shall be submitted as part of the Landscape
Documentation Package; and include all components, contents, and items
required by CVWD Ordinance 1302.1.
C. The Landscape Design Plan shall incorporate design criteria found in the current
edition of the City's "Desert Flora Design Guide" publication.
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ORDINANCE NO. 1258
24.04.060 - Invasive Plant Species
Noxious weeds are any weed designated by the weed control regulations in the Weed
Control Act and identified on a regional district noxious weed control list. Lists of
invasive plants are maintained at the California Invasive Plant Inventory and USDA
invasive noxious weeds database, and are prohibited in a landscape design.
24.04.070 - Landscape and Irrigation Maintenance
A regular maintenance schedule containing the following conditions shall be submitted
with the Certificate of Completion for all projects:
A. Landscapes shall be maintained to ensure water efficiency. The regular
maintenance schedule shall include but not be limited to routine inspection,
adjusting and repairing irrigation equipment; aerating and dethatching turf areas;
replenishing decomposed granite ground cover; fertilizing; pruning, weeding, and
removing any obstruction to emission devices in all landscaped areas.
B. Whenever possible, repair of irrigation equipment shall be done with the originally
specified materials or their equivalents.
C. Operation of irrigation systems outside the normal watering window is allowed for
auditing and system maintenance.
D. Landscape and irrigation maintenance activities shall be pursuant to those
described in the current edition of the City's "Desert Flora Maintenance"
publication.
24.04.080 - Landscape Irrigation Audits
Landscape irrigation audits shall be completed for new developments and existing
landscape pursuant to CVWD Ordinance 1302.1.
24.04.090 - Grading Design Plan
Grading Design Plans per Title 27 of the Palm Desert Municipal Code shall be
submitted as part of the Landscape Documentation Package. For the purpose of this
section, the Grading Design Plan shall meet and shall be submitted pursuant to CVWD
Ordinance 1302.1.
24.04.100 -Certificate of Completion
Certificates of Completion shall be certified by a license architect or designer of record
per CVWD Ordinance 1302.1 and submitted to the City of Palm Desert for all projects.
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ORDINANCE NO. 1258
24.04.110 - Provisions for Existing Landscapes
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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, too
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 Ir
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 on
package, a late submittal fee of twice the review fee shall be charged.
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ORDINANCE NO. 1258
B. The City Council, by resolution, shall establish the amount of the above fees in
this section in accordance with applicable law.
24.04.140 - Enforcement and Penalties
A. For the purposes of ensuring that persons comply with the provisions of this
chapter, the City Manager or his/her designee may, following written notice to
subject property owner(s), initiate enforcement action(s) against such property
owner(s) or designee(s), which enforcement action may include, but not be
limited to, the following:
1. Revocation of a Landscape Documentation Package;
2. Revocation of an approved conditional use permit;
3. Withholding issuance of a certificate of use, certificate of occupancy, or
building permit;
4. Issuance of a stop work order;
5. Public nuisance abatement pursuant to Chapter 8.20; and
6. Issuance of a citation.
B. Any landscaping that is installed, constructed, altered, enlarged, converted,
moved, or maintained contrary to the provisions of this Chapter and/or CVWD
Ordinance No. 1302.1, or failure to comply with any of the conditions of an
approved Landscape Documentation Package, permit, precise plan, conditional
use permit or variance granted by the Architectural Review Commission,
Planning Commission, and City Council under this Chapter or CVWD Ordinance
No. 1302.1, is declared to be unlawful. Any property owner, person, firm,
corporation, agent, employee or contractor, otherwise violating any provision of
this Chapter or CVWD Ordinance No. 1302.1 shall be guilty of an infraction and
shall be punishable as provided herein.
24.04.150 - Appeals
Decisions made by the Director of Public Works may be appealed by an applicant,
property owner(s) or designee(s) of any applicable project to the City Manager in
writing, within (15) days from the date of notification of decision. The City Manager's
decision may be appealed to the City Council by an application in writing to the City
Clerk of the City Council within fifteen (15) days from the date of notification of decision.
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