Chapter 8.60 — WATER EFFICIENT LANDSCAPING

• (a) The purpose and intent 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: California Government Code Sections 65591, 65593, 65596.

• (b) The City Council determined the provisions of this Chapter more appropriately address the specific needs of the City, and this Ordinance is more effective in conserving water than the state Department of Water Resources Model Water Efficient Landscape ordinance.

• (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.

• (d) These provisions are supplementary and additional to the subdivision and zoning and water conservation and water waste prevention regulations of this Code and shall be read and construed as an integral part of the regulations and controls established thereby.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 1, 2016)

The following words and terms used in this chapter shall be defined as follows:

"Annual color plantings" shall mean plants that perform their entire life cycle from seed to flower within a single growing season, and are typically replaced on a regular basis.

"Drip irrigation" means a method of irrigation where the water is applied slowly at the base of plants without watering the open space between plants.

"Estimated water use" means the annual total amount of water estimated to be needed to keep the plants in the landscape healthy. It is based upon such factors as the local evapotranspiration (ET) rate, the size of the landscaped area, the types of plants, and the efficiency of the irrigation system.

"High-water use plants" shall mean any plant which is characterized by a plant factor of 0.7 to 1.0, as defined by the Water Use Classification of Landscape Species list.

"Irrigation efficiency" means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from the measurements and estimates of irrigation system characteristics and management practices.

"Irrigation system" means the network of piping, valves and irrigation heads.

"Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules.

"Landscaped area" means the entire parcel less the building footprint, driveways, non-irrigated portions of the parking lots, hardscapes such as decks and patios, and other nonporous areas.

"Low volume irrigation" means an irrigation method to distribute irrigation water slowly in

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City of Palm Springs, CA § 8.60.020

PALM SPRINGS CODE

§ 8.60.030

small volumes and targeting it to plants' root zones with no runoff or overshooting. Low volume irrigation systems include but are not limited to drip emitters, tickle-"spider spray," micro spraysprinklers, and/or mist emitters.

"Maximum water allowance (MAWA)" means, for the design purposes, the upper limit of annual applied water for the established landscape area as specified in Div. 2, Title 23, CA. Code of Reg., Chapter 7, Section 702. It is based upon the area's reference evapotranspiration, ET adjustment factor, and the size of the landscaped area.

Micro-irrigation. See "drip irrigation."

"Mulch" means any organic material such as bark, straw, compost, or inorganic mineral materials such as rocks, gravel, or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

"Plant factor" means 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 IV (WUCOLS IV) .

"Qualified professional" means a person that has been certified by their professional organization or as a person that has demonstrated knowledge and is locally recognized among landscape architects due to long time experience as qualified.

"Reclaimed water" means treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation. Reclaimed water is not for human consumption.

"Rehabilitated landscape" means any re-landscaping project that requires a permit.

"Runoff" means water which is not absorbed by the soil or landscape to which it is applied and flows from the area.

"Smart controller" means an irrigation scheduling device which incorporates either weather or soil moisture levels into the scheduling of irrigation times.

"Turf" means a surface of earth containing mowed grass with roots.

"Valve" means a device used to control the flow of water in the irrigation system. (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 2, 2016)

This Chapter shall apply to the following:

• (a) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or architectural review;

• (b) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a landscape permit, plan check or architectural review;

• (c) New single family residential subdivisions where the front and/or side yards are landscaped by the developer or contractor;

• (d) All persons and properties as well as all pre-existing and newly installed or rehabilitated

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.60.030

§ 8.60.050

landscape areas shall comply with the water conservation and water waste prevention provisions in Chapter 11.06 of this Code.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 3, 2016)

This chapter shall not apply to the following:

• (a) Registered local, state or federal historic sites;

• (b) Ecological restoration projects that do not require a permanent irrigation system. (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 4, 2016)

• (a) Prior to the construction and installation of any new or rehabilitated landscaping as specified in Section 8.60.030, a landscape document package shall be prepared and submitted for review and approval. Approval shall be made through the landscape application form provided by the Department of Planning Services. The landscape document package shall include the following elements:

  • (1) Water conservation concept statement;

  • (2) Calculation of maximum water allowance (MAWA);

  • (3) Calculation of total estimated water use;

  • (4) Landscape design plan, including specifications for all plant materials and mulch materials;

  • (5) Landscape grading plan;

  • (6) Irrigation design plan:

    • (A) Showing the location, type and size of all components of the irrigation system that will provide water to the landscape area, including, but not limited to, controller, water lines, valves, sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators and backflow devices.

    • (B) The irrigation water source and type (potable or recycled), point of connection, the static water pressure at the point of connection, the application rate in inches per hour and the design operating pressure in pounds per square inch for each station.

    • (C) Irrigation schedule information including typical irrigation schedules that demonstrate that landscape can thrive using the MAWA calculated as part of that package. Include specification notes for routine inspection, repair and replacement of equipment and state the party responsible for maintenance.

  • (7) Reclaimed water specifications;

  • (8) Irrigation water specifications;

  • (9) Soil analysis. (A soil analysis is recommended but not mandatory.)

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 8.60.050

§ 8.60.060

• (b) The landscape application shall be supplemented by additional plans and water calculations, and submitted to the applicable water authority, with other pertinent information to adequately address all applicable aspects of the application.

• (c) Once the project is approved by the applicable water authority, the Department of Planning Services shall review applications and approve, conditionally approve or deny such application and shall assure conformity with this chapter. At the discretion of the Planning Director, the planning commission may consider and render decisions on landscape applications.

• (d) All landscape and irrigation plans for private development projects shall be in conformance with this Chapter and shall be prepared by a registered landscape architect or other qualified professional in a related field and be installed by a licensed contractor, except as provided elsewhere in this Section.

• (e) All public agency projects are not required to be prepared by a landscape architect or installed by a landscape contractor or other qualified professional. However, all public agency projects shall be in compliance with the approved plans and installed correctly to specifications and standards approved by the City and in compliance with this Chapter.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 5, 2016)

• (a) Landscape and irrigation system shall be maintained to ensure water efficiency. A regular maintenance schedule shall include, but not be limited to, checking, adjusting and repairing irrigation equipment, resetting the time clocks monthly, aerating and dethatching turf areas, replenishing mulch, fertilizing, pruning, and weeding all planted areas.

• (b) Whenever possible, repair of irrigation equipment shall be done with originally specified materials or their equivalents.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)

A landscape design plan satisfying the design guidelines outlined in the landscape application shall be submitted as a part of the landscape document package. Guideline 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 easy.

• (a) Turf Regulations. The following regulations shall apply to all projects that are required to submit a landscape design package to the City for approval:

  • (1) Turf shall not be used on slopes greater than 25 percent where the toe of the slope is adjacent to an impermeable surface.

  • (2) Only low volume irrigation or a surface flow/ wick system shall be used for turf in a landscape area where any dimension of the landscape area is ten feet or less in width.

  • (3) On commercial, industrial or multi-family landscape no turf shall be installed in a median, parking lot island or parkway unless, if determined by the planning director, limited use of turf is necessary to provide safe access for pedestrians leaving a parked vehicle to reach the sidewalk.

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.60.060

§ 8.60.070

• (4) On commercial, industrial or multifamily landscape no turf shall be installed on any portion of the site that is inaccessible.

• (5) On commercial or industrial projects, turf shall be limited to a maximum of 15% of the total landscaped area.

• (6) On single family residences, turf shall be limited to a maximum of 15 percent of the total landscaped area. This restriction shall only apply to the front and side street frontage yards.

• (7) An athletic field, park, golf course, cemetery or other similar use shall be designed to limit the use of turf to only those areas where it is essential for the operation of the facility, as determined by the planning director. Areas where turf is not essential to the operation of the facility shall be landscaped with plants with lower water use requirements than turf.

• (8) No turf shall be allowed in a landscape area that cannot be efficiently irrigated, or where overspray and run off cannot be avoided.

• (b) Plant materials.

  • (1) All plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. A copy of the Lush and Efficient Guidelines shall be on file at the Department of Planning Services for public inspection and review.

  • (2) Annual color plantings shall be used only in areas of high visual impact and must be irrigated with drip, micro-irrigation or other systems with efficiencies of 90 percent or greater. Otherwise, drip-irrigated perennial plantings should be the primary source of color.

  • (3) High-water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in parking islands, medians, and landscape areas where any dimension of the landscape area is ten feet or less in width.

• (c) Mulch. The use of soil-covering mulch or mineral groundcover with a minimum depth of three inches shall be required to reduce soil surface evaporation around trees, shrubs and on non-irrigated areas. The use of boulders and cobble shall be considered to reduce the total vegetation area. To provide habitat for beneficial insects and other wildlife, up to 5 % of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 §§ 6—8, 2016)

• (a) An irrigation plan satisfying the design guidelines outlined in the landscape application shall be submitted as part of the landscape document package. Where irrigation water is taken from the domestic water supply, separate landscape water meters shall be installed for all projects except single-family homes with landscaped areas of less than 5,000 square feet or as directed by the domestic water purveyor. When irrigation water is from a well, the well shall be metered per the requirements of the water purveyor having jurisdiction.

• (b) The irrigation design plan shall be drawn on project base sheets. The irrigation design plan

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City of Palm Springs, CA § 8.60.070

PALM SPRINGS CODE

§ 8.60.080

shall be separate from, but use the same format as the landscape design plan.

• (c) The following techniques and practices shall be incorporated into the design of irrigation systems:

  • (1) The irrigation system shall be designed to conform to the hydrozones of the plants specified in the planting plan.

  • (2) The irrigation system shall be designed to prevent runoff, over spray, low head drainage and other similar conditions where irrigation water flows or sprays onto area not intended for irrigation and use low volume irrigation for mulched areas wherever feasible.

  • (3) The minimum irrigation efficiency shall be 0.75 (75%) for spray systems and 0.90 (90%) for drip systems.

  • (4) Portions of irrigation systems containing slopes greater than 25 percent shall utilize a precipitation rate of 0.75 inches per hour or less to prevent runoff.

  • (5) Sprinkler heads and other low emission devices shall be selected based on what is appropriate for the plant type in the hydrozone and shall have matched precipitation rates unless otherwise directed by the manufacturer's recommendations.

  • (6) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity.

  • (7) The system shall provide that only low volume irrigation is used to irrigate any vegetation within 36 inches of an impermeable surface unless the adjacent impermeable surfaces are designed and constructed to cause water to drain entirely into landscaped areas.

  • (8) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration, weather based, soil moisture based or similar).

  • (9) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master valve. High-flow sensors that detect and report high flow conditions created by system damage or malfunction shall be specified for all projects where a dedicated landscape irrigation meter is required.

(10) Water calculations shall include an evapotranspiration factor of 0.45.

(11) Trees shall be placed on separate valves from shrubs, groundcover and turf. (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 9, 2016)

• (a) For all private development projects, a licensed landscape architect, installing licensed contractor or other qualified professional in a related field shall conduct a final field observation and shall provide a certificate of completion. The certificate shall specifically indicate that plants were installed as specified. The installing contractor shall certify that the irrigation system was installed as designed pursuant to the approved plan, and that the efficiency of the drip and/or spray systems comply with the minimum standards contained herein.

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.60.080

§ 8.60.110

• (b) Certification shall be accomplished by completing a certificate of completion and delivering it to the Department of Planning Services and to the owner of record.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 10, 2016)

• (a) Existing landscaped areas that are irrigated with groundwater that are over sixty thousand square feet in planted area shall have an irrigation audit within five years of the effective date of the ordinance codified in this chapter. The audit shall be submitted to the water authority for review and approval. Those subject to an audit are public agencies, schools, cemeteries, public parks, commercial uses, golf courses, common areas, greenbelts, and multifamily housing with common area.

• (b) Water audits shall be conducted by a certified landscape water auditor in accordance with the current edition of the landscape irrigation auditor handbook as provided by the state of California Landscape Water Management Program.

• (c) A landscape project is exempted from a water audit if the water use is less than the maximum water use allowance during the previous twelve months. To qualify for exemption the owner must submit a request for exemption with square footage (acreage) of property including the amount of water used during the previous twelve months and certified by the water purveyor having jurisdiction.

• (d) An appeal may be filed with the Department of Planning Services regarding ordinary high water use caused by a line breakage or some type of occurrence which results in unavoidable water usage to exceed standards. An appeal shall include information regarding water usage the previous year, current year, proof of failure and repair bill. An appeal shall be filed pursuant to Section 8.60.120 of this Code.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014; Ord. 1890 § 11, 2016)

The following fees are determined to be necessary to cover the costs of reviewing landscape applications and monitoring landscape irrigation audits and shall be imposed on the subject applicant, property owner, or designee.

• (a) The city council, by resolution, shall establish the amount of the landscape application fee in accordance with applicable law.

• (b) A landscape application fee shall be due at the time of initial project application submission to the city.

• (c) The water authority may require every five years the project owner to cause a landscape irrigation audit to be completed by a certified landscape irrigation auditor. The sole cost of the water audit will be borne by other than the water purveyor having jurisdiction.

• (d) If a landscape application is not submitted prior to the start of landscape construction work, for those persons required to submit an application, a late submittal fee of twice the review fee shall be required.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)

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City of Palm Springs, CA § 8.60.110

PALM SPRINGS CODE

§ 8.60.120

For the purposes of ensuring that persons comply with the provisions of this chapter, the city may, following written notices to subject property owner(s), initiate enforcement action(s) against such property owner(s) or design-er(s), which enforcement actions may include, but are not limited to, the following:

• (a) Revocation of a landscape application;

• (b) Withholding issuance of a certificate of use and occupancy or building permit;

• (c) Issuance of a stop work order;

• (d) 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.

• (Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)

A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code.

(Ord. 1463 § 1, 1993; Ord. 1859 § 1, 2014)

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City of Palm Springs, CA

BUILDINGS AND CONSTRUCTION

§ 8.68.010

§ 8.68.040