Victorville Municipal Code § 13.60 Water Efficient Landscaping

Footnotes:

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Editor's note— Ord. No. 2338, § 2, adopted August 18, 2015, amended chapter 13.60 in its entirety to read as herein set out. Former chapter 13.60, §§ 13.60.010—13.60.195, pertained to water conservation. See Code Comparative Table and Disposition List for complete derivation.

Whenever used in this chapter, the following definitions shall apply, except that the terms "development department," "director of development" and "zoning administrator" shall have meanings set forth in chapter 1 of Title 16 of this Code:

(a) "Active recreational area" means a turf area which measures a minimum of one hundred feet long and one hundred feet wide designated and primarily used for organized sports, including, without limitation, softball, baseball, football, soccer or a similar related sport, including all amenities related to the activity.

(b) "City" means the City of Victorville.

(c) "City manager" means the city manager of the city and/or his/her duly authorized designee.

(d) "Controller" means an irrigation controller, which is an automated device to operate valve stations to set days, length of time to water and frequency of water application for lawn sprinklers and low-volume irrigation systems.

(e) "Designated water users" means those persons, customers and properties served by a water purveyor (other than the Victorville Water District) within the incorporated boundaries of the city.

(f) "District" means the Victorville Water District.

(g) "Enforcement officer" means the city manager and city code enforcement officers who are authorized to enforce the mandatory provisions of this chapter.

(h) "Excess runoff" means water accumulation on streets, sidewalks, gutters, adjacent properties or other areas in amounts sufficient to cause the escape or flow of water in such quantity as to: cause flooding; impede vehicular or pedestrian traffic; create a hazardous condition; or cause damage to any public or private right-of-way through failure or neglect to properly operate or maintain any irrigation, water delivery or drainage system.

(i) "General manager" means the general manager of the district and/or his/her duly authorized designees.

(j) "Ground cover" means various low growing shrubs and perennials used in a landscape in place of grass or where grass is difficult to grow, planted on slopes to prevent erosion and/or to prevent weed growth. Ground cover includes low-growing, clumping, trailing, creeping, or sprawling vegetation.

(k) "Hardscapes" means any inorganic decorative landscape materials, including but not limited to, stones, boulders, cobblestones, pavers, decorative concrete, decomposed granite and/or mulch, incorporated into an overall landscape design.

(l) "Lot" means a legally created parcel of land occupied or intended for occupancy by one main building together with its accessory buildings, and uses customarily incidental to it, including the open space required by the city's zoning ordinance, and having its principal frontage upon a street as defined in said zoning ordinance.

(m) "Low-volume irrigation systems" means appropriately designed irrigation systems that utilize low volume devices appropriate to the climate and site factors. Such heads include micro sprinkler heads, drip emitters and bubbler emitters.

(n) "May" means any act, service, or performance that is permissive.

(o) "Native plant" means a plant that lives or grows naturally in a particular region without direct or indirect human intervention.

(p) "New model home" and "new residential development" means model homes or residential developments not yet built/constructed or not occupied since built.

(q) "New non-residential facilities" means non-residential facilities not yet built/constructed or not occupied since built.

(r) "Overspray" means water which is delivered beyond landscaped areas; wetting pavements, walks, structures, impermeable surfaces or other non-landscaped areas.

(s) "Person" means a natural person or entity, an individual, firm, association, business, trust, organization, corporation, partnership, company or any other entity which is recognized by laws as the subject of rights or duties.

(t) "Reclaimed or recycled water" means water which has been processed by a municipal or comparable wastewater treatment plant and/or otherwise made available for reuse which meets California Code of Regulations Title 22 requirements and has been approved by all applicable federal, state or local regulatory agencies.

(u) "Residential" means any type of dwelling or domiciling unit or units suitable or designed for human habitation, including, but not limited to, single family homes, condominiums, townhomes, apartment or manufactured homes, but not including hotels, motels, licensed convalescent homes, commercially operated retirement homes, time share units or the like.

(v) "Right-of-way" means land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for or dedicated to the general public for street, highway, alley, public utility or pedestrian walkway purposes.

(w) "Shall" or "will" means any act, service, or performance that is mandatory or otherwise required.

(x) "Turf" means a surface layer of earth containing grass with its roots.

(y) "Water-intensive landscape" means an area of land that is watered with a permanent water application system (such as in-ground sprinklers) and planted primarily with plants not listed in the city's adopted water-wise plant list. Included is the total surface area of all water features (i.e., swimming pools of any size, fountains, ponds, water courses, waterfalls and other artificial water structures) filled or refilled with water from any source.

(z) "Water purveyor" means any entity, including a public agency, city, county or private water company that provides retail water service.

(aa) "Water user(s)" means any person, firm, partnership, association, corporation, political entity, customer, property owner, or property owner agent/assignee whose premises are supplied water by the district.

(bb) "Water waste" means any unreasonable or non-beneficial use of water, or any unreasonable method of use of water, any excessive dissipation of water, intentional or unintentional, including, but not limited to; the use of water for any purpose which allows flooding or runoff over sidewalks, in gutters, driveways, streets or adjacent lands; the use of water in violation of any of the specific uses prohibited and restricted by this chapter as hereinafter set forth.

(cc) "Water-wise plants" means plants that perform well within the city's boundaries and the district's service areas and have been selected according to their ability to withstand the extreme hot/cold desert climate and fluctuating temperatures; adaptability to drought conditions; and ability to survive once established with a limited amount of supplemental water. The district will compile a list of water-wise plants into a "water-wise plant list (the "WWP List").

(dd) "Xeriscaping" means a water conservation concept that stresses the use of the appropriate plant material and irrigation techniques which are well suited for the local micro-climate. This concept incorporates native plants, selected Hardscapes, and proper planting and irrigation techniques that improve the overall water efficiency of a landscape system.

(Ord. No. 2338, § 2, 8-18-15)

(a) It is the policy of the city to promote water conservation, given the provisions of Article 10, Section 2 of the California Constitution declaring that waters of the State of California are to be put to beneficial use, and that waste, unreasonable use, or unreasonable method of use of water be prevented, and that water be conserved for the public welfare. The landscape water conservation standards detailed in this chapter are intended to promote water conservation by designing healthy, attractive, and cost-effective water efficient landscapes, and to prevent water waste.

(b) The provisions of this chapter shall apply only to designated water users (as defined in this chapter). All other water users (as defined in this chapter) are governed by the district's Water Conservation Ordinance No. VWD-12 (hereinafter the "Distinct Water Conservation Ordinance," as such may be amended or modified from time to time by the district's governing board).

(c) The restrictions or prohibitions in this chapter shall not apply to water use, runoff or flow:

(1) Resulting from fire fighting, hydrant flushing or fire training activities; or

(2) Necessary to prevent or abate threats to the public health or safety; or

(3) From routine maintenance of any public water system, well flushing or from temporary water system failures or malfunctions (provided that such flushing operations will be reduced to the absolute minimum needed to maintain water quality in conformance with federal drinking water standards and where practicable, the water from flushing operations will be utilized beneficially by the water purveyor).

(Ord. No. 2338, § 2, 8-18-15)

(a) The city hereby adopts the wwp list established and utilized by the district (as such may be amended from time to time in the manner set forth in the district water conservation ordinance). The director of development may provide recommendations to the district general manager regarding plants which he/she has reason to believe should be added or removed from the WWP List. The currently-effective WWP List will be posted on the city and district websites and will be available in printed form in the development department office and in the district offices.

(b) The zoning administrator, or his/her designee, may allow designated water users to use other drought tolerant plants not contained on the WWP List, provided that, if requested, such user (or person acting on his/her behalf) provides adequate proof that such plant(s) are suitable for use in the area at issue, are water-efficient and have a drought tolerance level equal or greater to those on the WWP List. Any such permitted deviation for use of plants not on the currently-effective WWP shall only be effective when authorized by the zoning administrator or his/her designee.

(Ord. No. 2338, § 2, 8-18-15)

(a) Voluntary landscape conservation measures are encouraged at all times to promote water efficient landscaping and wise use of water. Such measures include:

(1) Converting existing lawns to drought tolerant, low water use or native plants, incorporating the principals of xeriscaping.

(2) Using low-volume irrigation systems for ground cover, gardens, shrubs and trees.

(3) Performing a self-audit and/or an assessment of water consumption history.

(4) Incorporating Hardscapes and/or permeable/porous surfaces into landscape design.

(5) Winterizing pipes and valves.

(6) Installation and use of water saving devices such as: rain sensors, sprinkler and irrigation watering valves and automated irrigation timers and/or controllers.

(7) Reserved.

(8) Adjusting sprinklers and irrigation systems to avoid overspray; avoiding sprinkler irrigation watering on windy days.

(9) Installing and properly using mulch as a substitution for ground cover.

(Ord. No. 2338, § 2, 8-18-15)

(a) It is prohibited and a violation of this chapter for designated water users to cause, suffer or permit water waste (as defined in this chapter).

(b) It is prohibited and a violation of this chapter for designated water users to cause, suffer or permit activities which result in excess runoff (as defined in this chapter), including without limitation, watering of turf, ground cover, open ground, shrubbery, crops, gardens and trees, including agricultural irrigation, or any outdoor dispensing of water in a manner or to an extent which allows excess runoff to occur. However, a minimum amount of runoff, which is a natural consequence of conservative watering, either by hand or by mechanical or automated sprinkling facilities, is permitted, so long as such runoff does not amount to excess runoff.

(c) It is prohibited and a violation of this chapter for designated water users to cause or permit any water furnished to their properties/premises to run or to escape from any hose, pipe, valve, faucet, sprinkler or irrigation device onto any sidewalk, parking lot, adjacent property, street or gutter or to otherwise escape, if such running or escaping can be prevented.

(d) It is prohibited and a violation of this chapter for designated water users to or permit excessive use, loss or escape of water through breaks, leaks or other malfunctions in the designated water user's landscape plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected. Upon receiving notice from the water purveyor of the existence of any such break, leak or other malfunction, designated water users shall identify the source of the water, stop the source, by turning off the valve that supplies the water, evaluate the extent of the problem, and, repair or correct same within the timeframe provided by the water purveyor.

(e) It is prohibited and a violation of this chapter for designated water users to use potable water in fountains or other decorative landscape water features, except where the water is part of a recirculating system.

(f) It is prohibited and a violation of this chapter for designated water users to plant any water-intensive landscape or turf:

(1) In any right-of-way, narrow pathway, parking strip, roadway median, or along foundations of buildings.

(2) Having a width of less than five feet, unless adjacent to a planter bed or other landscaped area which will catch overspray.

(g) It is prohibited and a violation of this chapter for designated water users to install or maintain landscaping that is not in compliance with the provisions of this chapter.

(Ord. No. 2338, § 2, 8-18-15)

(a) Any rehabilitated or new model homes and/or rehabilitated or new residential developments shall limit water-intensive landscape and turf area at the following percentages of the total lot area:

(1) Nine thousand square feet or less: Ten percent of the total lot area.

(2) Greater than nine thousand square feet to one acre: Ten percent of the first nine thousand square feet and five percent of the remainder of the lot area.

(3) Water-intensive landscape or turf shall only be located in rear yards.

(4) No water-intensive landscape or turf shall be planted in any right-of-way.

(5) Prior to closing on a new residential unit, the developer shall provide the homeowner with a copy of this ordinance. Upon receipt, the homeowner shall sign an affidavit of acceptance. The developer shall permanently maintain the signed affidavit and submit a copy to the city manager.

(b) All remaining landscaped area, as required by the city's development standards, shall consist of plants on the WWP List, unless deviation therefrom has been authorized by the zoning administrator or his/her designee in accordance with section 13.60.030(b) of this chapter.

(Ord. No. 2338, § 2, 8-18-15)

(a) All rehabilitated or new non-residential facilities shall limit water-intensive landscape and turf within landscaped area to the following percentages of the total lot area:

(1) Churches: Twenty-five percent of total lot area.

(2) Resorts, including hotels and motels: Ten percent of the total lot area.

(3) Commercial and industrial uses, fewer than nine thousand square feet: Ten percent of the total lot area.

(4) Commercial and industrial uses, nine thousand square feet and greater: Ten percent of the first nine thousand square feet, and five percent of the remaining lot area.

(5) Common areas in residential developments: Ten percent of the first acre and five percent of each additional acre up to five acres. Residential developments larger than five acres shall not plant any additional water-intensive landscape and turf in common areas.

(6) Active recreational area shall not be considered in calculating the percentage of the total lot area and shall not be considered in determining compliance with this section.

(b) All other areas required to be landscaped with plants shall consist of plants on the WWP List unless deviation therefrom has been authorized by the zoning administrator or his/her designee in accordance with section 13.60.030(b) of this chapter.

(Ord. No. 2338, § 2, 8-18-15)

The city will use public education and outreach (in conjunction with the water purveyor) to assist designated water users in understanding the city's need for the voluntary measures and mandatory landscape requirements set forth in this chapter. In addition to education, the city may use enforcement measures to curb violations of the mandatory prohibitions set forth in this chapter.

(Ord. No. 2338, § 2, 8-18-15)

(a) Enforcement officers (as defined in this chapter) shall be empowered to enforce all mandatory provisions of this chapter.

(b) Enforcement officers shall serve a written notice to the designated water user (or post a written notice on the property if the designated water user is absent) when a first violation occurs, and mail a copy (by first class mail, postage prepaid or by certified mail, return receipt requested) to the person listed on the property tax roll as the owner of the property where the violation took place. The notice shall describe the violation and order that it be abated immediately.

(c) For subsequent violations, enforcement officers will issue citations and fines as set forth in section 13.60.130 of this chapter and in accordance with the procedures set forth in chapter 1.05 "administrative remedies" of this Code.

(d) Funds generated by the fines under this section shall be used to promote the city's water conservation efforts.

(Ord. No. 2338, § 2, 8-18-15)

(a) The city manager may grant exceptions ("hardship exceptions") from the mandatory provisions and prohibitions specified in this chapter if he/she finds that special circumstances make compliance impossible or that applying the restrictions herein would cause an emergency condition affecting the health, sanitation, fire protection ability or safety of designated water users (or the public) or would create an unnecessary and undue hardship to the designated water user.

(b) Hardship exceptions may be granted only upon written application by the designated water user made to the city manager on a form provided by the city. The application must state the nature of the hardship and include all facts and circumstances supporting the requested exception. The city manager shall review such applications and provide a written determination to the designated water user advising of his/her decision, which written determination shall include the reasons supporting the determination. If a hardship exception is granted, the city manager may impose in the written determination any conditions and/or terms he/she finds to be just and proper under the circumstances. If the city manager determines no hardship exception is warranted, the designated water user may appeal the city manager's decision in accordance with the procedures set forth in section 1.05.090 of this Code, except that any provisions requiring inclusion of a penalty payment with such appeal request shall not apply.

(Ord. No. 2338, § 2, 8-18-15)

(a) Reclaimed water pipelines in new residential tract developments shall be installed in accordance with the provisions of all applicable laws, including state and local laws, including laws of the water purveyor. Such pipelines shall be connected to the water purveyor's reclaimed water system, where available and/or appropriate. The foregoing requirements are not applicable to individual residential lots.

(b) It is city policy to encourage the use of reclaimed water, whenever such use is appropriate and safe, in order to conserve potable water. To further these efforts, all designated water users with reclaimed water pipelines should make reasonable efforts to use reclaimed water for landscaping purposes, whenever reclaimed water is readily available and will not pose a danger to human health and safety.

(Ord. No. 2338, § 2, 8-18-15)

To the extent that users of reclaimed or recycled water are exempted from restrictions under the water purveyor's laws, ordinances, regulations or rules, as adopted, such users shall clearly post notices stating that the water being used is not potable, not from the public drinking water supply, and is in conformance with the water purveyor's laws, ordinances, regulations or rules.

(Ord. No. 2338, § 2, 8-18-15)

(a) For a first violation of any provision of this chapter, the enforcement officer shall issue a written notice of first violation and provide the violator with educational materials on landscape water conservation, including a copy of this chapter. The notice shall give the designated water user a reasonable period of time to correct the violation. Failure to correct the violation within a reasonable period of time shall constitute a second violation.

(b) For a second violation of any provision of this chapter, the city shall issue a written notice of second violation to the designated water user imposing a fine in an amount not to exceed one hundred dollars and requiring immediate correction of the violation.

(c) For a third violation of any provision of this section, the city shall issue a written notice of third violation to the designated water user imposing a fine in an amount not to exceed two hundred dollars, and requiring immediate correction of the violation.

(d) For a fourth or subsequent violation of this section, the city shall impose a fine in an amount not to exceed five hundred dollars. The fourth and each subsequent violation of this chapter shall be deemed a public nuisance, which may be abated pursuant to the procedures provided in chapter 13.02 "nuisances" of this Code.

(e) Any citations issued and fines imposed on designated water users for violations of the chapter shall be served, administered, collected, and appealed in accordance with the procedures of chapter 1.05 "administrative remedies" of this Code.

(Ord. No. 2338, § 2, 8-18-15)