HomeMy WebLinkAbout1463 - ORDINANCES - 12/1/1993 ORDINANCE NO. 1463
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA ADDING CHAPTER 8 . 60 TO THE CITY OF
PALM SPRINGS MUNICIPAL CODE, RELATING TO WATER
EFFICIENT LANDSCAPE REQUIREMENTS
THE CITY COUNCIL, OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES
ORDAIN AS FOLLOWS :
SECTION 1. Chapter 8 . 60 is hereby added to the Palm Springs
Municipal Code in order to provide for water
efficient landscape requirements as follows:
SECTIONS:
8 . 60 . 005 Purpose and Intent
8 . 60. 010 Definitions
8 . 60. 015 Applicability
8 . 60 .020 Exemptions
8. 60 .025 Landscape Document Package Filing Procedure
8 . 60 . 030 Landscape Design Guidelines
8 . 60 . 035 Irrigation Design Guidelines
8 .60 . 040 Certificate of Project Completion
8 . 60 . 045 Landscape Audit Schedules
8 .60. 050 Water Waste Prevention
8 . 60 .055 Maintenance Schedule
8 .60.060 Fees for Initial Review and Program Monitoring
8 .60.065 Enforcement and Penalties
8 . 60.070 Appeals
8. 60 .005 Purpose and Intent. The purpose and intent of this
Chapter is to establish minimum water efficient landscape
requirements for all new and rehabilitated landscape projects to
meet the minimum requirements of the State of California Water
Conservation in Landscaping Act, Government Code Section 65591, et
sea. The City' s staff has considered the State Model Water
Efficient Landscape Ordinance and determined the provisions of this
Chapter more appropriately address the specific needs of the City
of Palm Springs.
8 . 60 . 010 Definitions. The following words and terms used in
this Chapter shall be defined as follows:
(a) "Drip Irrigation" method of irrigation where the water is
applied slowly at the base of plants without watering the open
space between plants.
(b) "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.
(c) "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.
(d) "Landscape irrigation audit" means a process to perform site
inspections, evaluate irrigation systems, and develop
efficient irrigation schedules.
(e) "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 non-
porous areas. /��
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(f) "Maximum Water Allowance" 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.
(g) "Micro-irrigation" sea: drip irrigation.
(h) "Qualified professional" means a person that has been
certified by their professional organization or a person that
has demonstrated knowledge and is locally recognized among
landscape architects due to long time experience as qualified.
(i) "Rehabilitated landscape" means any relandscaping project
that requires a permit.
(j ) "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.
(k) "Recreational area" means areas of active play or recreation
such as sports fields, school vard.s, picnic grounds, or other
areas with intense foot traffic.
(1) "Run off" means water which is not absorbed by the soil or
landscape to which it is applied and flows from the area.
(m) "System" means the network of piping, valves and irrigation
heads .
(n) "Turf" means a surface of earth containing mowed grass with
roots.
(o) "Valve" means a device used to control the flow of water in
the irrigation system.
8 . 60. 015 Applicability_ This Chapter shall apply to the
following:
(a) All new and rehabilitated landscaping for public agency
projects such as recrezLtional areas and schools.
(b) All new and rehabilitated landscaping for private development
projects such as golf courses, common area landscaping,
private schools, businesses; and for multi-family housing that
have a landscaped area of 2, 500 square feet or more.
8 . 60. 020 Exemptions. This; Chapter shall not apply to the
following:
(a) Homeowner provided landscaping at single family and multi-
family projects.
(b) Cemeteries.
(c) Registered historic sites.
(d) Ecological restoration projects that do not require a
permanent irrigation system.
(e) Any project with a landscape area less than1., 500 square feet.
(f) Any project using over 50'o recycled water is exempt from the
Maximum Water Allowance and water audits .
8 . 60 . 025 Landscape Document Package Filing Procedure._
(a) Prior to the construction and installation of any new or
rehabilitated landscaping as specified in Section 8 . 60. 015, a
Landscape Document Package shall be prepared and submitted for
review and approval . Approval shall be made through the
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Landscape Application form provided by the Department of
Planning and Zoning. The Landscape Document Package shall
include the following elements:
(1) Water Conservation Concept Statement
(2) Calculation of Maximum Water Allowance
(3) Calculation of Total Estimated Water Use
(4) Landscape Design Plan
(5) Landscape Grading Plan
(6) Irrigation Design Plan
(7) Irrigation System Design
(8) Drip Irrigation Design
(9) Reclaimed Water Specifications
(10) Irrigation Water Specifications
(11) Soil Analysis*
*A Soil Analysis is recommended but not mandatory
(b) The Landscape Application may be supplemented by additional
plans and submitted to the Desert Water Agency/Coachella
Valley Water District with other pertinent information to
adequately address all applicable aspects of the application.
(c) The Department of Planning and Zoning shall review
applications and approve, conditionally approve or deny said
application and shall assure conformity with this Chapter. At
the discretion of the Director of Planning & Zoning
Department, 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 in this Section
8 .60 . 025
(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.
8 . 60.030 Landscape Design Plan. 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.
8 . 60. 035 Irrigation Design Plan.
(a) An Irrigation Design 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 or any project with a landscaped
area of less than 2, 500 square feet or as directed by the
domestic water purveyor. When irrigation water is from a
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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 shall be separate from,
but use the same foa-mat as the Landscape Design Plan.
8 .60 .040 Certification of Project Completion.
(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.
(b) Certification shall be accomplished by completing a
certificate of completion and delivering it to the City of
Palra Springs Planning Department and to the owner of record.
8 .60 .045 Landscape Audit Schedules.
(a) Existing landscaped areas that are irrigated with ground water
that are over 60, 000 square feet in planted area shall have an
irrigation audit within five years of the effective date of
this ordinance. The audit shall be submitted to the Desert
Water Agency/Coachella valley Water District for review and
approval. Those subject to an audit are public agencies,
schools, cemeteries, public parks, commercial uses, golf
courses, common areas, greenbelts, and multi-family housing
with common area.
(b) Water audits shall be conducted by a certified landscape water
auditor in accerdanc:e e.ri,th 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 rc::q.uest 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 &
Zoning regarding ordinary, high water use caused by a :Line
breakage or sorae 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 . 065 of this Chapter.
8. 60 . 050 Water Waste Prevention. Water waste from
inefficient landscape irrigation allowing runoff, low head
drainage, overspray or other conditions where water flows onto
roadways, adjacent property or non-irrigated property is
prohibited.
8 .60.055 Maintenance Schedille_
(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 det:hatching 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.
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(c) Programmed irrigation should only occur from 9 PM to 9 AM
during the summer months (May to September) .
8 . 60.060 fees for Initial Review and Program Monitoring. 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 Desert Water Agency and the Coachella valley Water
District may require every five years the project owner to
cause a. landscape irrigation audit to be completed by a
certified Landscape Irrigation Auditor. The City shall not
require a fee to review the audit. 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.
8. 60 . 065 Enforcement and Penalties. For the purposes of
ensuring that persons comply with the provision of this ordinance,
the City may, following written notices to subject property
owner (s) , initiate enforcement actions (s) against such property
owners (s) or designers (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.
8. 60 . 065 Appeals. A person aggrieved by an action taken by
the City may appeal the action pursuant to Chapter 2 .05 of the City
of Palm Springs Municipal Code.
Section 2 . Severability. If any provision of this ordinance or the
application thereof to any person or circumstance is held invalid,
the remainder of the ordinance and application of such provision(s)
to other persons or circumstances shall not be affected.
Section 3 . Savinas Clause. Neither the adoption of this ordinance
nor the repeal of any other ordinance in which violations were
committed prior to the effective date hereof, shall be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of the
ordinance, insofar as they are substantially the same as ordinance
provisions previously adopted by the City relating to the same hQ
continuations, and shall not be construed as a new enactment unless �1J
substantial revisions or provisions are required by this ordinance.
Ord 1.463 1;2 4(O
Page 6
Section 4. Effective Date. This Ordinance shall be in full force
and effect thirty days after passage.
Section 5 . Publication. The City Clerk is hereby ordered and
directed to certify the passage of this ordinance, and cause the
same or a summary thereof or a display advertisement, duly prepared
according to law, to be published in accordance with law.
ADO]?TED this 1st day of _December 1993
AYES: Members Hodges, Lyons, R'.eller-Spurgin, Schlendori' and Mayor Maryanov
NOES : None
ABSENT: None
ATTEST: CITY' C? ALM SPRINGS, CALIFORNIA
%-City Clerk Mayor
REVIEWED & APPROVEDa_Alo-Z—
I HEREBY CERTIFY THAT the foregoing Ordinance 1463 of the City Council of
the City of Palm Springs, California, was duly adopted in a meeting held
on the 1st day of December, 1993, and that same was duly published in the
DESERT SUN, a newspaper of general circulation on November 23 & December 7 , 1993.
JUDIT'H SUMICH
City Clerk