Pico Rivera Municipal Code Ch. 13.90 Water Efficient Landscape

The purpose of this chapter is:

A. That this chapter be at least as effective in conserving water as the model ordinance adopted pursuant to Government Code Section 65595;

B. To assure beneficial, efficient, and responsible use of water resources for all users within the city of Pico Rivera;

C. To retain the land's natural hydrological role and promote the infiltration of surface water into the groundwater;

D. To acknowledge that landscape water use accounts for more than sixty percent of all domestic water use in the city;

E. To recognize that landscapes enhance the aesthetic appearance of developments and communities;

F. To encourage the appropriate design, installation, maintenance, and management of landscapes so that water demand can be decreased, runoff can be retained, and flooding can be reduced without a decline in the quality or quantity of landscapes;

G. To preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible;

H. To promote and encourage the use of low water use plants;

I. To minimize the use of cool season turf;

J. To promote the conservation of potable water by maximizing the use of recycled water and other water conserving technology for appropriate applications;

K. To promote public education about water conservation and efficient water management;

L. To reduce or eliminate water waste.

(Ord. 1061 § 1, 2010)

"Administrator"

means the department or person at the city who has the authority to approve a permit, plan check, and design review for a project.

"Amendments"

means any material added to a soil to improve its physical properties, such as water retention, permeability, water infiltration, and drainage.

"Anti-drain check valve"

means a valve located under a sprinkler head to hold water in the system to prevent drainage from the lower elevation sprinkler heads when the system is off.

"Applicant"

means the individual or entity submitting a landscape documentation package required under this chapter or state law, to request a permit, plan check, or design review from the city. A project applicant may be the property owner or designee.

"Application rate"

means the depth of water applied to a given area, measured in inches per minute, or inches per hour, or gallons per hour.

"Applied water"

means the portion of water supplied by the irrigation system to the landscape.

"Automatic rain shut-off feature"

means a system of which a component automatically suspends the irrigation system event when it rains.

"Backflow prevention device"

means a safety device used to prevent pollution or contamination of the potable water supply due to the reverse flow of water from the irrigation system.

"Botanical gardens and arboretums"

means a garden in which a variety of plants is grown for scientific and educational purposes.

"Certified landscape irrigation auditor"

means a person certified to perform landscape irrigation audits by an accredited educational institution or professional trade organization.

"Control valve"

means a device used to control the flow of water in the irrigation system. It may also mean all of the sprinklers or emitters in a line controlled by the valve.

"Controller"

means an automatic timing device used to remotely control valves or heads to set an irrigation schedule. A weather-based controller is a controller that uses evapotranspiration or weather data. A self-adjusting irrigation controller is a controller that uses sensor data (i.e., soil moisture sensor).

"Developer"

means a landowner or owner's agent responsible for the development of land. It does not include homeowners or landlords of single-family homes.

"Discretionary permit"

means any permit requiring a decision making body to exercise judgment prior to its approval, conditional approval, or disapproval.

"Ecological restoration project"

means a project where the site is intentionally altered to establish a defined, indigenous, and/or historic ecosystem.

"Estimated applied water use (EAWU)"

means the portion of the estimated total water use that is derived from applied water. The landscape documentation package shall contain the formula and calculation. The estimated water use shall not exceed the maximum applied water allowance.

"Estimated total water use (ETWU)"

means the total water used for the landscape.

"ET adjustment factor" or "ETAF"

is equal to the plant factor divided by the irrigation efficiency factor for a landscape project. The ETAF is calculated in the context of local reference evapotranspiration, using site-specific plant factors and irrigation efficiency factors that influence the amount of water that needs to be applied to the specific landscaped area. A combined plant mix with a site-wide average plant factor of 0.5 (indicating a moderate water need) and average irrigation efficiency of 0.71 produces an ET adjustment factor of (0.7) = (0.5/0.71), which is the standard of water use efficiency generally required by this chapter except that the ETAF for a special landscape area shall not exceed 1.0.

"Hardscape"

means any durable material or feature installed in or around a landscaped area, such as pavements or walls. Pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this chapter.

"High water use plants"

means turfs, annuals, container plantings, and other plants recognized in the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.

"Hydrozone"

means a section or zone 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.

"Infiltration rate"

means the rate of water entry into the soil expressed as a depth of water per unit of time (i.e., inches per hour).

"Invasive species"

means nonindigenous species that adversely affect the habitats they invade economically, environmentally, or ecologically.

"Irrigation audit"

means an in-depth evaluation of the performance of an irrigation system conducted by a certified landscape irrigation auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule.

"Irrigation efficiency"

means the measurement of the amount of water beneficially used divided by the amount of amount applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The minimum irrigation efficiency for purposes of this chapter is 0.71.

"Irrigation system"

means the network of piping, valves, and irrigation heads.

"Landscape architect"

means a person licensed to practice landscape architecture in this state pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code.

"Landscape concept plan"

means the portion of a landscape documentation package that includes a design statement, irrigation notes, planting notes, the plant palette, and conforms with the requirements of this chapter.

"Landscape construction drawings"

means the portion of a landscape documentation package that includes the irrigation plan, plant and soils plan, water management plan, and conforms with the requirements of this chapter.

"Landscape documentation package" or "documentation package"

means the complete packet of documents required under this chapter to be submitted to the city. Documentation packages include the landscape concept plan and landscape construction drawings.

"Local water purveyor"

means any entity, including a public agency, city, county or private water company that provides retail water service.

"Low head drainage"

means drainage from a sprinkler that is caused by water flowing down an irrigation system from a higher level of elevation.

"Low water use plants"

mean Mediterranean region and native trees, shrubs and groundcovers and other plants recognized as low-water-use by the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.

"Maximum applied water allowance" or "MAWA"

means the upper limit of annual applied water for the established landscaped area. It is based upon the area's reference evapotranspiration, the ET adjustment factor, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance.

"Moderate water use plants"

mean ornamental trees, shrubs, groundcovers, perennials, and other plants recognized as moderate-water-use by the Water Classification of Landscape Species document as available from the state of California as it currently exists or may be amended in the future.

"Mulch"

means any organic material such as leaves, bark, or inorganic material such as pebbles, stones, gravel, decorative sand or decomposed granite left loose and applied to the soil surface to reduce evaporation.

"Operating pressure"

means the pressure at which an irrigation system of sprinklers is designed by the manufacturer to operate, usually indicated at the base of a sprinkler.

"Overspray"

means the water that is delivered beyond the landscaped areas by the irrigation system onto pavements, walks, structures, or other non-landscaped areas.

"Planting plan"

means a plan submitted with the construction drawings indicating a list and quantity of plants.

"Potable water"

means water meant for human consumption that is treated to legal standards for human consumption.

"Pressure regulator"

means a device used in sprinkler systems for radius and high-pressure control.

"Project net landscape area," "landscaped area," or "landscape project area"

means all of the planting areas, turf areas, and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other previous or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment.

"Rain sensor"

means a system component that detects rainfall and automatically overrides the irrigation system during rain events.

"Recycled water"

means water which, as a result of treatment of waste, is suitable for a direct beneficial use or a controlled use that would not otherwise occur and is therefore considered a valuable resource. Recycled water shall not be intended for human consumption.

"Rehabilitated landscapes"

means any relandscaping project that requires a permit, plan check, or design review and meets the requirements of this chapter.

"Runoff"

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

"SMART irrigation controller"

means weather-based or soil moisture-based irrigation controller that monitors and uses information about the environmental conditions at a specific location and landscape to automatically adjust watering schedules.

"Soil management plan"

means a plan submitted with the construction drawings indicating results from soil tests and recommended soil amendments.

"Soil test"

means a test done by a soil test lab that indicates at minimum soil texture, water holding capacity, pH, and clay.

"Soil type"

means the classification of soil based on the percentage of its composition of sand, silt, and clay.

"Special landscape area"

means an area of the landscape dedicated to edible plants, areas irrigated with recycled water, and areas dedicated to active play such as parks, sports fields, golf courses, where turf provides a playing surface.

"Sprinkler head"

means a device that delivers water through a nozzle.

"Static water pressure"

means the pipeline or municipal water supply pressure when water is not flowing.

"Submeter"

means a separate meter that is located on the private side of the water system and is plumbed to measure all water that flows only through the irrigation system intended for landscaping. The meter is to be used to monitor irrigation water use for landscaping.

"Turf"

means a surface layer of earth containing mowed grass or grass-like sedge with its roots, a groundcover surface of moved grass or grass-like sedge. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tail fescue are common cool-season turf. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysia grass, Carex pansa, and Buffalo grass are common warm-season turf.

"Water efficient landscape worksheet"

means a worksheet that calculates a site's water budget.

"Water feature"

means any water applied to the landscape for nonirrigation, decorative purposes. Fountains, streams, ponds, lakes, and swimming pools are considered water features.

"Water management plan"

means a plan submitted with the construction drawings as part of the landscape documentation package.

"Water schedules"

means a schedule of irrigation times throughout a given year.

"Water-conserving landscape design"

means a landscape design developed to conserve water.

(Ord. 1061 § 1, 2010)

A. All planting, irrigation, and landscape-related improvements required by this chapter shall apply to the following landscape projects:

1. New construction and rehabilitated landscapes for public agency projects and private development projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.

2. New construction and rehabilitated landscapes which are developer-installed residential projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.

3. New construction which are homeowner-installed residential projects with a total project with a landscape area greater than five hundred square feet, or rehabilitating an existing landscape with a total landscape area greater than two thousand five hundred square feet requiring a building or landscape permit, plan check, or design review. A landscape area includes pools and other water features but excludes hardscape areas.

4. Existing landscapes that are one acre or more are limited to preparing a water efficient landscape worksheet pursuant to the specifications for existing landscapes in the landscape documentation package.

5. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries shall prepare a water efficient landscape worksheet, landscape and irrigation maintenance schedule, and irrigation audit, survey and water use analysis. Existing cemeteries are limited to preparing a water efficient landscape worksheet according to the specifications for existing landscapes in the landscape documentation package.

6. Special landscaped areas, such areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play, shall prepare a water efficient landscape worksheet and landscape documentation package according to the specifications for special landscaped areas.

B. This chapter does not apply to:

1. Registered local, state or federal historical sites;

2. Ecological restoration projects that do not require a permanent irrigation system;

3. Mined-land reclamation projects that do not require a permanent irrigation system; or

4. Botanical gardens and arboretums open to the public.

(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)

A landscape documentation package prepared by a licensed landscape architect shall include the following landscape design criteria:

A. Plant Selection and Grouping.

1. Any plant may be used in the landscape, providing the EAWU does not exceed the MAWA and that the plants must meet the specifications set forth in this subsection.

2. Plants which have similar water needs shall be grouped together in distinct hydrozones.

a. Low and moderate water use plants can be mixed but the entire hydrozone will be classified as moderate water use for MAWA calculations.

b. High water use plants shall not be mixed with low or moderate water use plants.

3. Plants shall be selected appropriately based upon their adaptability to the climate, geologic, and topographical conditions of the site. Protection and preservation of existing native species and natural areas is encouraged. The planting of appropriate trees is encouraged.

4. The Minimal Use of Turf.

a. Turf areas shall be used wisely in response to functional needs and shall not exceed the MAWA.

b. Where turf is installed, the use of warm season turf is strongly encouraged.

c. Turf is not allowed on slopes greater than twenty-five percent where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent means one foot of vertical elevation change for every four feet of horizontal length.

5. Fire prevention needs shall be addressed in areas that are fire prone. Design should be consistent with regulations from the fire department.

6. Invasive species of plants as listed by the California Invasive Plant Council should be avoided especially near parks, buffers, greenbelts, water bodies, and open spaces because of their potential to cause harm to sensitive areas.

7. Encourage the appropriate use of mulch within developed landscapes to retain moisture.

a. Stabilizing mulching products shall be used on slopes greater than 3:1.

b. A minimum layer of two inches of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping groundcovers or areas where mulch is not advisable. The plans shall identify the type of mulch and application depth.

B. Water Features.

1. Recirculating water systems shall be used for decorative water features.

2. Where available, recycled water shall be used as the source for water fixtures (excluding swimming pools and spas).

3. The surface area of a water feature will be included in the MAWA calculation with the evaporation rate.

(Ord. 1061 § 1, 2010)

A. All irrigation systems shall be designed to prevent runoff, over-spray, low head drainage and other similar conditions. Soil types and infiltration rates shall be considered when designing irrigation systems. Irrigation systems shall be designed, constructed, managed, and maintained to achieve as high an overall efficiency as possible.

B. Dedicated and separate landscape water meters shall be installed for all projects greater than five thousand square feet, except for single-family residences. Dedicated landscape water meters are highly recommended on landscape areas less than five thousand square feet to facilitate water management.

C. All irrigation systems shall include:

1. A SMART irrigation controller, or other equivalent technology which automatically adjusts the frequency and/or duration of irrigation events in response to changing weather conditions, shall be required. The planting areas shall be grouped and irrigated in relation to hydrozones based on similarity of water requirements;

2. Anti-drain check valves shall be installed to prevent low-head drainage in sprinkler heads;

3. A pressure regulator when the static pressure exceeds the maximum recommended operating pressure of the irrigation system;

4. A rain sensor with an automatic rain shut-off feature shall be required;

5. A backflow prevention device;

6. Connection to reclaimed water system if subject property is located within one hundred fifty feet of a public reclaimed water distribution system, and subject to appropriate health standards;

7. Installation that conforms to the current Uniform Plumbing Code;

8. Irrigation shall comply with the city's water conservation regulations in Chapter 13.70 of this code.

(Ord. 1061 § 1, 2010)

A. Soil testing shall be performed after mass grading if applicable, prior to landscape installation to ensure the selection of appropriate plant material that is suitable for the site, and reported in a soil management plan. The soil management plan shall include:

1. Determination of soil texture, indicating the available water holding capacity;

2. An approximate soil infiltration rate measure or derived from soil texture/infiltration rate tables. A range of infiltration rates shall be noted where appropriate;

3. Measure of pH and total soluble salts;

4. For landscape installations, compost at a rate of minimum of four cubic yards per one thousand square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

5. For landscape installations, a minimum three inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

6. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.

7. Recommended amendments.

B. Grading on-site shall be designed to minimize unnecessary soil compaction, erosion and water waste. Grading plans must satisfy all other applicable laws related to grading and be submitted as part of the landscape documentation package.

C. Where slopes exceed ten percent, a grading plan drawn at the same scale as the planting plan that accurately and clearly identifies finished grades, drainage patterns, pad elevations, spot elevations, and stormwater retention improvements.

(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)

Applicants subject to the requirements of this chapter shall submit a complete landscape documentation package to the administrator. The package may be submitted in two parts: a landscape concept plan, which is submitted with an application for a zoning approval or similar approval; and landscape construction drawings, submitted with the plan check or building permit application. All applications and plans shall conform to the design criteria, irrigation, soils and grading requirements, recycled water requirements and water budget requirements set forth in this chapter.

A. The landscape concept plan shall include:

1. Design statement, irrigation notes, planting notes, and a conceptual plant palette identification of proposed hydrozones;

2. MAWA circulation for the landscape project area (including water features);

3. ETWU calculation for the landscape project area;

4. Hydrozone information.

B. The landscape construction drawings shall include:

1. Compliance with the design standards and specifications contained in this chapter;

2. Compliance with the landscape concept plan. If the construction drawings differ from the landscape concept plan, the applicant may be required to submit a revised landscape concept plan;

3. An irrigation plan. The irrigation plan shall be a separate document from the planting plan. The irrigation plan shall be prepared pursuant to the requirements in this chapter and include pressure calculations and the location, installation details, and specifications of control valves, irrigation heads, piping, irrigation controllers, and power supply;

4. A planting plan and soils plan which shall include, but not be limited to:

a. A description of any existing plant material to be retained or removed,

b. A plan showing the planting areas and hydrozones, plant spacing, plant location, and size, natural features, water features and all paved areas,

c. A legend listing the common and botanical plant names and total quantities by container size and species,

d. A description of the seed mixes with application rates and relevant germination specifications,

e. Soil management plan, including the soil test results and recommendations,

f. The grading plan shall be submitted for reference;

5. A water management plan which shall include, but not be limited to:

a. An introduction and statement of site conditions as described in this section or in the landscape concept plan,

b. Identification of the party or parties responsible for implementation of the water management plan,

c. The anticipated water requirements in inches per year, and water budget for the various hydrozones identified in the landscape concept plan to include calculations demonstrating an overall water budget that requires no more irrigation than the 0.7 of the ET adjustment factor,

d. A description of the water delivery systems, including the type of irrigation system to be used, water conservation methods to be applied, and precipitation rates for each hydrozone, e Season irrigation water schedules or procedures for programming of proposed SMART controllers,

f. A maintenance plan for the ongoing operation and maintenance of the irrigation system,

g. All applications for model homes shall include the nature of public information documents and signage that will be placed at model homes describing water conservation principles used in the landscaping for the model home.

C. An applicant submitting a landscape documentation project shall include with the documentation package any fees established by the city to cover the city's cost to review any submitted documents.

(Ord. 1061 § 1, 2010)

The community and economic development department shall have the duty and authority to administer the provisions of this chapter until such time the certificate of completion is completed. The public works department shall work with the community and economic development department to ensure compliance with other provisions in this code and with state law regarding the conservation of water. The public works department shall also have the duty and authority to administer the provisions of this chapter for any property that has had its certificate of completion certified.

A. A project must proceed with the following review and approval process:

1. Prior to the issuance of a building permit, a complete landscape documentation package prepared by an independent licensed landscape architect shall be submitted to the administrator for review and approval. The licensed landscape architect shall ensure that all components of the package adhere to the requirements of this chapter. Any documentation packages submitted without the signature of a licensed landscape architect shall not be accepted for review.

2. Prior to issuance of a certificate of occupancy or final inspection for a project subject to this chapter, a certificate of completion shall be submitted to the administrator certifying that the landscaping has been completed in accordance with the approved planting and irrigation plans for the project. The certificate of completion shall be signed by a licensed landscape architect and shall indicate the following:

a. The landscaping has been installed in conformance with the approved planting and irrigation plans;

b. The SMART irrigation controller has been set according to the irrigation schedule;

c. The irrigation system has been adjusted to maximize irrigation efficiency and eliminate over-spray and run-off; and

d. A copy of the irrigation schedule has been given to the property owner.

3. Upon receipt of a certificate of completion, the city shall either approve or deny the certificate of completion. If the certificate of completion is denied, the city shall not be obligated to issue an occupancy permit and will provide information to the project applicant regarding necessary corrections, appeal, or other assistance.

4. Upon notice of the applicant, the administrator shall have the right to enter the project site to conduct inspections for the purpose of enforcing this chapter, before, during, and immediately after installation of the landscaping.

5. A copy of the completed landscape documentation package shall be given to the planning division and public works department. If the property is found to be in excess of their established MAWA, the property shall be subject to an irrigation audit.

B. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements, and shall be subject to penalties and incentives for water conservation and water waste prevention as determined and implemented by the local water purveyor or as mutually agreed by local water purveyor and the city. The city public works department may require mandatory irrigation audits at the property owners' expense to demonstrate that the landscaping conforms to the MAWA.

C. An irrigation audit shall proceed as follows:

1. The applicant shall submit an irrigation audit to the city upon the public works department's request pursuant to this chapter.

2. In the event that the applicant does not submit an irrigation audit to the city within sixty days after the public works department has requested an irrigation audit be submitted, the public works department may conduct an irrigation audit and charge the property owner any and all fees associated with the irrigation audit.

D. In addition to any other remedies provided for in the code, any violation of this chapter and failure to comply with the terms of the landscape documentation package and certificate of completion submitted to the city pursuant to this code may be enforced by a civil action brought by the city.

1. In any such action, the city may seek, and the court may grant, as appropriate, any or all of the following remedies:

a. A temporary and/or permanent injunction;

b. An assessment of the violator for the costs of any investigation which led to the establishment of the violation and for the reasonable costs of preparing and bringing legal action under this chapter;

c. Any other costs incurred in enforcing the provisions of this chapter;

d. Any other action the city deems appropriate to protect the general welfare and the city's water supplies, and to reduce water consumption in accordance with this chapter and with the declared policies and law of the state.

2. Assessments under this section shall be paid to the city to be used exclusively for costs associated with implementing or enforcing this chapter.

E. In addition to any other remedies provided for in this chapter, any violation of this chapter shall constitute a misdemeanor and be punishable by a fine of not more than five hundred dollars or a term in County Jail not to exceed six months. A violation may also be an infraction punishable by a fine not to exceed two hundred fifty dollars. Any person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person.

F. If, after the adoption of the ordinance codified in this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires the city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.

(Ord. 1061 § 1, 2010; Ord. 1150 § 3, 2021)

Landscape and irrigation improvements required by this chapter shall be continually maintained in optimal conditions at all times. Maintenance shall include, but not be limited to:

A. Fertilizing;

B. Irrigation head adjustments, repairs and replacements, per original approval;

C. Maintaining adequate water pressure;

D. Pruning and weeding all landscaping within the property;

E. Removing all dead plant material;

F. Replacing all dead plant material, per original approval;

G. Replenishing mulch;

H. Resetting, repairing or replacing the SMART automatic controller, per original approval;

I. Valve adjustments, repairs and replacements, per original approval.

(Ord. 1061 § 1, 2010)

A. The installation of recycled water irrigation systems (i.e., dual distribution systems) shall be required to allow for the current and future use of recycled water, unless a written exemption by the city's public works department has been granted stating that recycled water will not be available in the foreseeable future.

B. Irrigation systems shall make use of recycled water unless a written exemption has been granted by the public works department stating that recycled water meeting all public health codes and standards is not available and will not be available in the foreseeable future or where the physical constraints or functional difficulties would make the use of recycled water irrigation systems impracticable.

C. The public works department may grant an exemption from the use of recycled water if the use of recycled water would not meet all relevant public health codes and standards, if the use of recycled water would not be available in the foreseeable future through the local water purveyor, or where the physical constraints or functional difficulties would make the use of recycled water systems impracticable.

D. The recycled water irrigation systems shall be designed in accordance with all local agency and state codes.

(Ord. 1061 § 1, 2010)

A. Stormwater management combines practices to minimize runoff and water waste to recharge groundwater, and to improve water quality. Implementing stormwater best management practices into the landscape, irrigation, and grading design plans to minimize runoff, and increase retention and infiltration are highly recommended onsite.

B. Project applicants shall refer to the city or regional water quality control board for information addressing stormwater ordinances and stormwater management plans.

(Ord. 1061 § 1, 2010)

A. Irrigation of all landscaped areas shall be conducted in a manner conforming to the rules and requirements and shall be subject to penalties and incentives for water conservation and water waste prevention, as determined and implemented by the local water purveyor and as may be mutually agreed by the city.

The city and/or the regional or local water purveyor may administer programs such as irrigation water use analyses, irrigation surveys and/or irrigation audits, tiered water rate structures, water budgeting by parcel, or other approaches to achieve landscape water use efficiency communitywide to a level equivalent to or less than would be achieved by applying a MAWA calculated with an ETAF of 0.8 to all landscaped areas in the city over one acre in size.

B. The architectural guidelines of a common interest development, including apartments, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

(Ord. 1061 § 1, 2010)

A. The city manager or designee shall serve an invoice for costs upon the person or responsible person who is subject to a notice of a violation, a cease and desist order, or an administrative compliance order. An invoice for costs shall be immediately due and payable to the city. If any person or responsible person fails to either pay the invoice for costs or appeal successfully the invoice for costs in accordance to the provisions in this chapter, then the city may institute collection proceedings. The invoice for costs may include reasonable attorneys' fees.

The city shall impose any other penalties or regulatory fees, as fixed from time to time by resolution of the city council, for a violation or enforcement of this chapter.

B. In addition to the costs which may be recovered pursuant to the code, and in order to recover the costs of the water efficient landscape regulatory program set forth in this chapter, the city council may from time to time, fix and impose by resolution fees and charges. The fees and charges may include, but are not limited to, fees and charges for:

1. Any visits of any enforcement officer, or any other city staff or authorized representative of the city for time incurred for inspections of the property;

2. Any monitoring, inspection, and surveillance procedures pertaining to enforcement of this chapter;

3. Any audits conducted by the city pursuant to this chapter;

4. Enforcing compliance with any term or provision of this chapter;

5. Any other necessary and appropriate fees and charges to recover the cost of providing the city's water efficient landscape regulatory program.

(Ord. 1061 § 1, 2010)

A. The applicant or any affected person may appeal the final decision of staff regarding any approvals required under this chapter by filing a written notice of appeal to the city council within ten business days after the date of the final decision in writing.

B. An appeal, established by the city, shall be required for each appeal under this section. No appeal shall be placed on the agenda of any meeting of the city council until such fee has been paid.

(Ord. 1061 § 1, 2010)