Chapter 24.04 — WATER-EFFICIENT LANDSCAPE

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 Title23, Water Division 2, department of water resources Chapter 2.7, Section 492.6(a)(3)(B), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance and the state of California Water Conservation in Landscaping Act, Reference: Sections 65591, 65593, 65596 Government Code.

• A. 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.

• B. 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. The application of mulch and compost to landscaping projects enhances soil water retention and creates demand for recycled-organic content products.

• C. 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.

• D. 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.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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-family and multifamily residential projects with a cumulative total property/project landscape area equal to or greater than five thousand square feet.

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City of Palm Desert, CA

PALM DESERT CODE

§ 24.04.020

§ 24.04.050

• D. Existing landscapes are subject only to Sections 24.04.110, 24.04.120, 24.04.130, and 24.04.140.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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 five thousand 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.

• E. Plant collections, excluding typical landscaped areas, as part of botanical gardens and arboretums open to the public.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

• 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 documentation 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.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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City of Palm Desert, CA

ENVIRONMENT AND CONSERVATION

§ 24.04.050

§ 24.04.060

• 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.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

• A. Purpose and Intent. The purpose of this section is to: (1) preserve the public health and safety; (2) protect public and private property from the damaging spread of invasive, noxious and nuisance plants; and (3) to protect indigenous plants and wildlife.

• B. Definitions. As used in this section, the following terms shall have the meanings indicated:

"Invasive plant species" means any plant species that is: (1) non-native to the ecosystem under consideration; and (2) whose introduction may cause or causes economic or environmental harm or harm to human health. For the purposes of this chapter, invasive plant species include any plant species listed on the California Invasive Plant Inventory and/or the U.S. Department of Agriculture Invasive and Noxious Plant Database, regardless of rating (watch, limited, moderate or high).

"Noxious plant species" means any plant species that is injurious to agricultural crops, natural habitats/ecosystems, and/or humans and livestock. For the purposes of this chapter, noxious plant species include any plant species designated by the weed control regulations in the Federal Noxious Weed Control and Eradication Act of 2004 and identified on a regional district noxious plant species control list.

"Nuisance plant species" means any plant species that is either: (1) not designated as "noxious" or "invasive" in this section, but may cause or causes a threat to public health and safety; or (2) is designated as "noxious" or "invasive" but requires special attention to avoid potential threats to public health and safety. Nuisance plant species include, but are not limited to, the following species: Washingtonia robusta , Dalbergia sissoo and Euphorbia tirucalli .

• C. Prohibitions. All plant species categorized as "invasive," "noxious," and "nuisance" are hereby prohibited within the city's jurisdiction. This prohibition includes, but is not limited to, the following:

  1. Plant species categorized as "invasive," "noxious," or "nuisance" are prohibited from use in landscape design plans as outlined in Section 24.04.050 of Title 24 of the Palm Desert Municipal Code.

  2. Plant species categorized as "invasive," "noxious," or "nuisance" shall not be installed on city property, including parks, parkway areas, and rights-of-way.

  3. Plant species categorized as "invasive," "noxious," or "nuisance" shall not be installed on private property.

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City of Palm Desert, CA § 24.04.060

PALM DESERT CODE

§ 24.04.120

• D. Violations and Penalties. Any new development that plants or replants a species categorized as "invasive," "noxious," or "nuisance" within the city's jurisdiction shall be in violation of this section and shall be subject to the enforcement and penalties set forth in Section 24.04.140 of Title 24 of the Palm Desert Municipal Code.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022; Ord. 1387 § 3, 2022)

• A. A regular maintenance schedule containing the following conditions shall be submitted with the certificate of completion for all projects:

  1. 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.

  2. Whenever possible, repair of irrigation equipment shall be done with the originally specified materials or their equivalents.

  3. Operation of irrigation systems outside the normal watering window is allowed for auditing and system maintenance.

4. Landscape and irrigation maintenance activities shall be pursuant to those described in the current edition of the city's "Desert Flora Maintenance" publication.

(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

Landscape irrigation audits shall be completed for new developments and existing landscape pursuant to CVWD Ordinance 1302.1.

(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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. (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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. (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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.

(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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City of Palm Desert, CA

ENVIRONMENT AND CONSERVATION

§ 24.04.120

§ 24.04.140

• 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 their 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.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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.

• A. A landscape documentation package review fee will be due at time of initial project application submission to the public works department.

• B. 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.

• C. 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.

• D. The city council, by resolution, shall establish the amount of the above fees in this section in accordance with applicable law.

• (Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

• A. For the purposes of ensuring that persons comply with the provisions of this chapter, the city manager or their 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;

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City of Palm Desert, CA

PALM DESERT CODE

§ 24.04.140

§ 24.04.150

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.

(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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 fifteen 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 days from the date of notification of decision.

(Ord. 1258 § 1, 2013; Ord. 1374 § 1, 2022)

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City of Palm Desert, CA

ENVIRONMENT AND CONSERVATION

§ 24.08.010

§ 24.08.020