§ 19.96

This Chapter establishes water-efficient landscape standards for the following purposes and for compliance with the state Water Efficient Landscape Ordinance (WELO):

A.

To assure beneficial, efficient and responsible use of water resources.

B.

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

C.

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

D.

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.

E.

To reduce or eliminate water waste.

A.

All planting, irrigation and landscape related improvements required by this Chapter shall apply to the following landscape projects:

1.

New construction projects except single-family homes, with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review.

2.

Rehabilitated landscaping for landscape areas equal to or greater than 2,500 square feet for industrial, commercial, office and institutional developments; parks and other public recreational areas; and multifamily residential.

3.

Special landscaped areas, such as areas dedicated to edible plants, irrigated with recycled water, or dedicated to active play, greater than 500 square feet requiring a building or landscape permit, plan check or design review, shall prepare a water-efficient landscape worksheet and landscape documentation package according to specifications.

4.

Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to SubSections 19.96.050.A and 19.96.060.B(4); existing cemeteries are limited to SubSection 19.96.060.B(4).

5.

Irrigation of landscaped areas of any size shall be conducted in a manner conforming to the rules and requirements of this ordinance, 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 upon by the local water purveyor and the City.

6.

Existing landscape areas that are 2,500 square feet or greater shall not exceed their maximum applied water allowance.

B.

Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of the state Model Water Efficient Landscape ordinance or conform to the prescriptive measures contained in Appendix D of that ordinance.

C.

For projects using rainwater captured on-site or treated/untreated greywater, any lot or parcel within the project that has less than 2500 square feet of landscape and meets the lot or parcel's landscape water requirement (Estimated Total Water Use) entirely with treated or untreated greywater or through stored rainwater captured on-site is subject only to Appendix D Section (5) of the state Model Water Efficient Landscape ordinance.

D.

Exemptions. The standards in this Chapter do 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.

4.

Existing plant collections, as part of botanical gardens and arboretums open to the public.

For the purposes of this Chapter, the following definitions shall apply. Additional applicable definitions are contained in the WELO.

A.

Applied Water. The portion of water supplied by the irrigation system to the landscape.

B.

Artificial Turf. A man-made material which simulates the appearance of live turf, organic turf, grass, sod or lawn.

C.

Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

D.

Estimated Applied Water Use. The average annual total amount of water estimated to be necessary to keep plants in a healthy state, calculated as provided in the WELO. It is based on the reference

evapotranspiration rate, the size of the landscape area, plant water use factors and the relative irrigation efficiency of the irrigation system.

E.

ET Adjustment Factor (ETAF). Equal to the plant factor divided by the irrigation efficiency factor for a landscape project, as described in the WELO. 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.

F.

Hardscapes. Any durable materials or feature (pervious or nonpervious) installed in or around a landscaped area, such as pavements or walls. Swimming pools and other water features are considered part of the landscaped area and not considered hardscapes for purposes of this Chapter.

G.

Irrigation Efficiency. The measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiency for purposes of this Chapter is 0.75 for overhead spray devices and 0.81 for drip systems.

H.

Landscape Area. All the planting areas, turf areas and water features in a landscape design plan subject to the maximum applied water allowance calculation. The landscaped area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

I.

Landscape Documentation Package. The documents required to be provided to the City for review and approval of landscape design projects, as described in the WELO.

J.

Landscape Project. Total area of landscape in a project, as provided in the definition of "landscaped area."

K.

Maximum Applied Water Allowance (MAWA). The upper limit of annual applied water for the established landscaped area as specified in the WELO. It is based upon the area's reference evapotranspiration, the ETAF, and the size of the landscaped area. The estimated applied water use shall not exceed the maximum applied water allowance. Special landscape areas are subject to the MAWA with an ETAF not to exceed 1.0. MAWA = (ETo)(0.62)[(ETAF x LA) + ((1-ETAF) x SLA)].

L.

Mined-land Reclamation Projects. Any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

M.

Permit. An authorizing document issued by the City for new construction or rehabilitated landscape.

N.

Rehabilitated Landscape. Any relandscaping project that requires a permit, plan check, or design review, that is greater than 2,500 square feet and that meets the requirements of the WELO.

O.

Special Landscape Area (SLA). An area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

P.

Turf. A ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

Q.

Water Feature. A design element where open water performs an aesthetic or recreational function. Water features include ponds, lakes, waterfalls, fountains, artificial streams, spas and swimming pools (where water is artificially supplied). The surface area of water features is included in the high water use hydrozone of the landscape area. Constructed wetlands used for on-site wastewater treatment, habitat protection or stormwater best management practices that are not irrigated and used solely for water treatment or stormwater retention are not water features and, therefore, are not subject to the water budget calculation.

Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required building permit or land use permit for applicable projects.

A.

Prior to installation, a landscape documentation package and water-efficient landscape worksheet shall be submitted to the Community Development Department for review and approval of all landscape projects subject to the provisions of this Chapter. Any landscape documentation package submitted shall comply with the WELO.

B.

Other regulations affecting landscape design and maintenance practices are potentially applicable and should be consulted for additional requirements. These regulations include but may not be limited to:

State of California Section 65595.

2.

Water conservation and drought response regulations of the local water purveyor.

3.

This Development Code.

4.

The City's Building Code.

5.

Specific Plans, General Plan or similar land use and planning documents.

6.

Conditions of approval for a specific project.

C.

The landscape documentation package submitted to the Community Development Department shall include appropriate water use calculations, as outlined in the WELO.

D.

The landscape documentation package shall bear the signature of a licensed landscape architect, licensed landscape contractor or any other person authorized to design a landscape. This Chapter shall not be deemed to prohibit any person from preparing any plans, drawings or specifications for any property owned by that person.

E.

Verification of compliance of the landscape installation with the approved plans shall be obtained through a certificate of completion in conjunction with the final permit process.

A.

For applicable landscape installation or rehabilitation projects subject to this Chapter, the estimated applied water use allowed for the landscaped areas shall not exceed the maximum applied water allowance calculated using an ET adjustment factor of 0.7, except for special landscaped areas where the maximum applied water allowance is calculated using an ETAF of 1.0; or the design of the landscaped area shall otherwise be shown to be equivalently water efficient in a manner acceptable to the City as provided in the WELO.

B.

Existing Landscapes.

1.

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

2.

The City and/or local water purveyor may administer programs such as irrigation water use analyses; irrigation surveys and/or irrigation audits; tiered meter rate structures; water budgeting by parcel; or other approaches to achieve community-wide landscape water use efficiency 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 2,500 square feet in size.

3.

Neither the architectural guidelines nor the Covenants, Conditions and Restrictions (CC&Rs) of a common interest development, including apartments, condominiums, planned developments and stock cooperatives, shall prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.

4.

Water Waste Prevention.

a.

Water waste resulting from inefficient landscape irrigation leading to excessive runoff, low head drainage, overspray and other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways or structures is prohibited.

b.

All landscape areas, whether installed pursuant to this Chapter or not, shall be maintained in a healthful and sound condition. Irrigation systems and their components shall be maintained in a fully functional manner consistent with the originally approved design and the provisions of this Chapter.

c.

Landscapes shall be maintained to ensure water efficiency. A regular maintenance schedule should include, but not be limited to, checking, adjusting and repairing irrigation equipment; resetting the automatic controller; aerating and dethatching turf areas; replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas.

C.

Artificial Turf. Artificial or synthetic turf is an appropriate substitute for natural turf in some cases for the purposes of water conservation.

A.

Any firm, corporation or person, whether as principal, agent, employee or otherwise, violating or causing the violation of any of the provisions of this Chapter shall be guilty of a misdemeanor, and any conviction thereof shall be punishable as set forth in Section 1.04.020 of the City's Municipal Code.

B.

Nothing herein shall prevent or restrict the City from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any violation or noncompliance. Such other lawful actions shall include, but shall not be limited to, an equitable action for injunctive relief or an action at law for damages.

C.

Further, nothing herein shall be construed to prohibit the City from prosecuting any violation of this Chapter by means of code enforcement established pursuant to the authority as provided by the laws of the state of California and the City.

D.

Any violation of the provisions of this Chapter shall constitute a separate offense for each and every day during which such violation is committed or continued.

Chapter 19.98 - Western Joshua Trees