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HomeMy WebLinkAbout9/17/2014 - STAFF REPORTS - 2.G. o�p PAM gA4 v w �AbYA 40 , City Council Staff Report DATE: September 17, 2014 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NOS. 1858 AND 1859, ORDINANCES RELATING TO WATER EFFICIENT LANDSCAPING, WATER CONSERVATION AND WATER WASTE PREVENTION AND CEQA EXEMPTION DETERMINATION FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance Nos. 1858 and 1859. RECOMMENDATION: 1) Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1858, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTION 14.24.020, 14.24.030 AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION." 2) Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1859, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS." STAFF ANALYSIS: On September 3, 2014, Ordinance Nos. 1858 and 1859 were introduced for first reading, as noted below: ACTION: 1) Waive the reading of the text in its entirety and introduce on first reading by title only Ordinance No. 1858, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTION 14.24.020, 14.24.030 AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION;" 2) Waive the reading of the text in its entirety and introduce on first reading by title only Item No. 2.G . ADOPTION OF ORDINANCE NOS. 1858 and 1859 September 17, 2014 Page 2 of 2 Ordinance No. 1859, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS;" and 3) Direct Staff to meet with representatives from Desert Water Agency to determine procedural and administrative processes for implementation of Chapter 8.60 Water Efficient Landscaping Regulations. Motion Councilmember Foat, seconded by Councilmember Lewin and carried unanimously This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, Es City Clerk City Manager /kdh Attachments:Ordinance No. 1858 Ordinance No. 1859 02 ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTIONS 14.24.020, 14.24.030, AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION. City Attorney Summary This Ordinance promotes water conservation and establishes regulations for water conservation and water waste, including penalties for violation. WHEREAS, On January 17, 2014, Governor's Proclamation No. 1-17-2014 was issued, declaring a State of Emergency to exist in California due to severe drought conditions, noting that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record, and called on all Californians to reduce their water usage by 20 percent; WHEREAS, on January 25, 2014, the California Governor issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities; WHEREAS, on July 15, 2014, the California State Water Resources Control Board adopted Resolution No. 2014-0038 adopting emergency regulations for statewide urban water conservation; and WHEREAS, water conservation is one of the easiest, most efficient and cost effective ways to quickly reduce water demand and extend water supplies. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 11.06 is added to the Palm Springs Municipal Code to read: Chapter 11.06 WATER CONSERVATION AND WATER WASTE PREVENTION 11.06.010 Findings. 11.06.020 Purpose and Intent. 11.06.030 Definitions. 11.06.040 Applicability. 03 ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTIONS 14.24.020, 14.24.030, AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION. City Attorney Summary This Ordinance promotes water conservation and establishes regulations for water conservation and water waste, including penalties for violation. WHEREAS, On January 17, 2014, Governor's Proclamation No. 1-17-2014 was issued, declaring a State of Emergency to exist in California due to severe drought conditions, noting that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record, and called on all Californians to reduce their water usage by 20 percent; WHEREAS, on January 25, 2014, the California Governor issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities; WHEREAS, on July 15, 2014, the California State Water Resources Control Board adopted Resolution No. 2014-0038 adopting emergency regulations for statewide urban water conservation; and WHEREAS, water conservation is one of the easiest, most efficient and cost effective ways to quickly reduce water demand and extend water supplies. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 11.06 is added to the Palm Springs Municipal Code to read: Chapter 11.06 WATER CONSERVATION AND WATER WASTE PREVENTION 11.06.010 Findings. 11.06.020 Purpose and Intent. 11.06.030 Definitions. 11.06.040 Applicability. 03 Ordinance No. 1858 Page 2 11.06.050 Water Conservation Requirements. 11.06.060 Exceptions. 11.06.070 Drought Alert Requirements. 11.06.080 Violations. 11.06.010 Findings. (a) A reliable supply of potable water is essential to the public health, safety and welfare of the people and economy of the state of California, the southern California region and the City of Palm Springs. (b) The state of California, the Coachella Valley and the City of Palm Springs suffer from periodic water shortages. (c) An active water conservation program along with water waste prevention regulations applicable to all sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation and fire protection, and to protect the public health, safety and welfare. (d) A water conservation program and water waste prevention regulations are necessary to mitigate effects of water shortages in the City of Palm Springs by reducing water consumption by residents, businesses and visitors, while minimizing the hardship caused to the general public to the greatest extent possible. 11.06.020 Purpose and Intent. (a) The purposes of this Chapter are to increase the conservation of water and provide regulation for the efficient use of potable water, prevent the unreasonable use of water, and maximize the use of recycled water where practicable. (b) This Chapter is intended solely to further the conservation of water. It is not intended to implement or supersede any federal, state or local statute, ordinance or regulation relating to protection of water quality or control of drainage or runoff. (c) This Chapter does not modify, terminate or otherwise affect the water services, water rates, or sewer services of any person. 11.06.030 Definitions. The following words, terms and phrases when used in this Chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City. 04 Ordinance No. 1858 Page 2 11.06.050 Water Conservation Requirements. 11.06.060 Exceptions. 11,06.070 Drought Alert Requirements. 11.06.080 Violations. Section: 11.06.010 Findings. (a) A reliable supply of potable water is essential to the public health, safety and welfare of the people and economy of the state of California, the southern California region and the City of Palm Springs. (b) The state of California, the Coachella Valley and the City of Palm Springs suffer from periodic water shortages. (c) An active water conservation program along with water waste prevention regulations applicable to all sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation and fire protection, and to protect the public health, safety and welfare. (d) A water conservation program and water waste prevention regulations are necessary to mitigate effects of water shortages in the City of Palm Springs by reducing water consumption by residents, businesses and visitors, while minimizing the hardship caused to the general public to the greatest extent possible. 11.06.020 Purpose and Intent. (a) The purposes of this Chapter are to increase the conservation of water and provide regulation for the efficient use of potable water, prevent the unreasonable use of water, and maximize the use of recycled water where practicable. (b) This Chapter is intended solely to further the conservation of water. It is not intended to implement or supersede any federal, state or local statute, ordinance or regulation relating to protection of water quality or control of drainage or runoff. (c) This Chapter does not modify, terminate or otherwise affect the water services, water rates, or sewer services of any person. 11.06.030 Definitions. The following words, terms and phrases when used in this Chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: 04 Ordinance No. 1868 Page 3 "Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar device that quickly, automatically and absolutely stops the flow of water when the user stops exerting pressure. "Pressure washer" means a water conserving cleaning device that emits not more than three (3) gallons of water per minute. "Recycled water" or "recycling system" means the capture, reclamation and reuse of non-potable water for beneficial use. "Water broom" means a water conserving sweeping device with spray jets that emit not more than three (3) gallons of water per minute. "Water-efficient" means a water conserving fixture, device or system that complies with the water conservation standards of the most current edition of the California Plumbing Code or, if no standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device or system use more water than is indicated by the standard stated in this section. "Water recycling system" means a system that reclaims and reuses non-potable water. "Water waste" means the use of potable water not in compliance with Section 11.06.050 of this code. 11.06.040 Applicability. This Chapter is applicable to every person, commercial business, or other water user, in the use of any water, within the City. The City Council may by Resolution, exempt pilot programs or special programs of limited scope undertaken by the City or undertaken in conjunction with the City's water provider. 11.06.050 Water Conservation Requirements. Water waste is unlawful in the City of Palm Springs. The following water conservation requirements shall apply to all persons: (a) Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 7:00 a.m. and 7:00 p.m. on any day. Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This subsection shall not apply to: 1. Drip irrigation systems. 05 Ordinance No, 1858 Page 3 "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City. "Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar device that quickly, automatically and absolutely stops the flow of water when the user stops exerting pressure. "Pressure washer" means a water conserving cleaning device that emits not more than three (3) gallons of water per minute. "Recycled water" or "recycling system" means the capture, reclamation and reuse of non-potable water for beneficial use. "Water broom" means a water conserving sweeping device with spray jets that emit not more than three (3) gallons of water per minute. "Water-efficient" means a water conserving fixture, device or system that complies with the water conservation standards of the most current edition of the California Plumbing Code or, if no standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device or system use more water than is indicated by the standard stated in this section. "Water recycling system" means a system that reclaims and reuses non-potable water. "Water waste" means the use of potable water not in compliance with Section 11.06.050 of this code. 11.06.040 Applicability. This Chapter is applicable to every person, commercial business, or other water user, in the use of any water, within the City. The City Council may by Resolution, exempt pilot programs or special programs of limited scope undertaken by the City or undertaken in conjunction with the City's water provider. 11.06.050 Water Conservation Requirements. Water waste is unlawful in the City of Palm Springs. The following water conservation requirements shall apply to all persons: (a) Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 7:00 a.m. and 7:00 p.m. on any day. Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This subsection shall not apply to: 05 Ordinance No. 1858 Page 4 2. Use of a hand-held bucket or similar container. 3. Use of a hand-held hose equipped with a positive action quick-release shutoff value or nozzle. 4. Irrigation necessary to establish newly planted low water usage plants. 5. Water expended for limited periods of time necessary for irrigation system maintenance or leak repair. 6. Irrigation necessary to establish annual reseeding of seasonal grass and planting seasonal color for a maximum period of fourteen (14) days after the reseeding or the newly planted seasonal color. (b) Over-watering. No lawn or landscaped area shall be irrigated or watered to the point where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks, driveways, streets, alleys, storm drains, adjacent property or non-irrigated property. (c) Irrigation during rainfall. No lawn or landscaped area shall be irrigated or watered during rainfall. (d) Landscape irrigation system maintenance. Landscape irrigation systems shall be maintained to ensure water efficiency and shall be regularly inspected, maintained and repaired to eliminate leaks and remove obstructions to water emission devices. System maintenance shall include, but is not limited to, resetting the landscape clock monthly. (e) Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recycle or recirculate the water utilized by the device. Permits must be obtained for the drainage of water fountain and decorative water features pursuant to Section 14.24.060 of this Code. (f) Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms, or pressure washers or similar low flow technology, recycled water, or water recycling systems to clean these surfaces, is permitted. In no case shall such water run off the property or drain onto any walkways, sidewalks, streets, alleys or storm drains. (g) Car Washing. No person shall use water to wash or clean any motorized or un- motorized vehicle, including but not limited to truck, boat, van, bus, motorcycle, trailer or similar vehicle except by use of a bucket or similar container or hand held hose equipped with a positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility that uses a water recycling system to capture or reuse water. 06 Ordinance No. 1858 Page 4 1. Drip irrigation systems. 2. Use of a hand-held bucket or similar container. 3. Use of a hand-held hose equipped with a positive action quick-release shutoff value or nozzle. 4. Irrigation necessary to establish newly planted low water usage plants. 5. Water expended for limited periods of time necessary for irrigation system maintenance or leak repair. 6. Irrigation necessary to establish annual reseeding of seasonal grass and planting seasonal color for a maximum period of fourteen (14) days after the reseeding or the newly planted seasonal color. (b) Over-watering. No lawn or landscaped area shall be irrigated or watered to the point where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks, driveways, streets, alleys, storm drains, adjacent property or non-irrigated property. (c) Irrigation during rainfall. No lawn or landscaped area shall be irrigated or watered during rainfall. (d) Landscape irrigation system maintenance. Landscape irrigation systems shall be maintained to ensure water efficiency and shall be regularly inspected, maintained and repaired to eliminate leaks and remove obstructions to water emission devices. System maintenance shall include, but is not limited to, resetting the landscape clock monthly. (e) Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recycle or recirculate the water utilized by the device. Permits must be obtained for the drainage of water fountain and decorative water features pursuant to Section 14.24.060 of this Code. (f) Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms, or pressure washers or similar low flow technology, recycled water, or water recycling systems to clean these surfaces, is permitted; in 6uoh wateF FUR off the pmperty oF draiR GRtG aRy walkways, sidewalks streets, alleys 0 (g) Car Washing. No person shall use water to wash or clean any motorized or un- motorized vehicle, including but not limited to truck, boat, van, bus, motorcycle, trailer or similar vehicle except by use of a bucket or similar container or hand held hose equipped with a positive action quick-release shutoff valve or nozzle. This subsection 06 Ordinance No. 1858 Page 5 (h) Eating and drinking establishments shall only provide drinking water to customers upon request. (i) Hotels and motels shall provide customers the option of choosing not to have towels and linens laundered daily and shall prominently display this option in each bathroom and sleeping room using clear and easily understood language. 0) Water and leaks. No person shall: 1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture. 2. Cause, permit or allow water to flow from any source on private or public property onto walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessive groundwater infiltration, such as by means of a sump pump. (k) Pools and spas. Permits must be obtained for the drainage of pools and spas pursuant to Section 14.24.060 of this Code. Pools and spas shall be drained into the public sewer system. It is unlawful to drain a pool or spa directly or indirectly into the storm drainage system or public streets, roadways or gutters. 11.06.060 Exceptions. The Water Conservation Requirements contained in Section 11.06.050 are not applicable as follows: 1. For uses of water that are necessary to protect public health and safety or for essential governmental services when such uses of water cannot be reduced. 2. Water used to comply with California Air Quality Management District dust control regulations and requirements. 11.06.070 Drought Alert Requirements. (a) The requirements of this Chapter are in addition to, and not in lieu of, the Desert Water Agency Water Supply Plan for Emergency Supply Shortage, adopted by Ordinance No. 45 of the Board of Directors of the Desert Water Agency, as may be amended. (b) The requirements of this Chapter are in addition to, and not in lieu of, any Federal or state Water Supply Plan or Regulation for Emergency Supply Shortage. 07 Ordinance No. 1858 Page 5 shall not apply to any commercial car washing facility that uses a water recycling system to capture or reuse water. (h) Eating and drinking establishments shall only provide drinking water to customers upon request. (i) Hotels and motels shall provide customers the option of choosing not to have towels and linens laundered daily and shall prominently display this option in each bathroom and sleeping room using clear and easily understood language. Q) Water and leaks. No person shall: 1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture. 2. Cause, permit or allow water to flow from any source, without first being put to productive use, on private or public property onto walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessive groundwater infiltration, such as by means of a sump pump. For the purposes of this Subsection productive use shall mean, the use of potable water for cleaning or irrigation in a manner to prevent runoff, over sprays or other similar conditions onto an area not intended for cleaning or irrigation (k) Pools and spas. Permits must be obtained for the drainage of pools and spas pursuant to Section 14.24.060 of this Code. Pools and spas shall be drained into the public sewer system. It is unlawful to drain a pool or spa directly or indirectly into the storm drainage system or public streets, roadways or gutters. This subsection shall not apply if the property is not connected to the public sewer system. Pools and spas may be drained into the storm drain system if the property is not connected to the public sewer system with a valid permit issued pursuant to Section 14.24.060 of this Code 11.06.060 Exceptions. The Water Conservation Requirements contained in Section 11.06.050 are not applicable as follows: 1. For uses of water that are necessary to protect public health and safety or for essential governmental services when such uses of water cannot be reduced. 2. Water used to comply with California Air Quality Management District dust control regulations and requirements. 11.06.070 Drought Alert Requirements. 07 Ordinance No. 1858 Page 6 11.06.080 Violations. (a) Any violation of this Chapter is a public nuisance, and may be subject to the provisions of Chapter 11.72 of this code. (b) Any person who violates any provision of this Chapter is guilty of a misdemeanor for each day in which such violation continues. Violations are punishable pursuant to Sections 1.01.140 and 1 .01.150 and the administrative citation provisions of Chapter 1.06 of this code. (c) The remedies provided for in this Section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisance. SECTION 2. Section 14.24.020 of the Palm Springs Municipal Code is amended to read: Except as expressly permitted by Chapter 11.06, Sections 14.24.030 and 14.24.060, no person shall use water upon any sidewalk, driveway, courtyard, service yard, parkway, lawn or any private premises within the City for any purposes, in such a manner that water is allowed to run into and accumulate in, or flow away in, the public streets, roadways or gutters. SECTION 3. Section 14.24.030 of the Palm Springs Municipal Code is amended to read: Between the hours of 5 a.m. and 9 a.m., water may be used to cleanse paved surfaces of public and private premises, using an approved device pursuant to Section 11.06.050(f) of this Code; provided it is used only in such quantity and with such pressure necessary to remove dirt or foreign matter from the paved surfaces; and provided that no grease, oil or other petroleum products are washed into the public streets, roadways or gutters. SECTION 4. Section 14.24.060 of the Palm Springs Municipal Code is amended to read: No person shall drain or permit to be drained, to a public sewer system any swimming pool, spa, fountain, or decorative water feature owned or controlled by such person, unless and until a permit to do so has been obtained from the Building Official. Such permits shall be issued upon appropriate application therefor, accompanied by such fee as may have been prescribed by resolution of the City Council, and upon the Building Official determining that the time and place when and where such swimming pool, spa, fountain, or decorative water feature draining will be allowed will not be detrimental to the public interest or welfare, will not result in any undue hazard or 08 Ordinance No. 1858 Page 6 (a) The requirements of this Chapter are in addition to, and not in lieu of, the Desert Water Agency Water Supply Plan for Emergency Supply Shortage, adopted by Ordinance No. 45 of the Board of Directors of the Desert Water Agency, as may be amended. (b) The requirements of this Chapter are in addition to, and not in lieu of, any Federal or state Water Supply Plan or Regulation for Emergency Supply Shortage. 11.06.080 Violations. (a) Any violation of this Chapter is a public nuisance, and may be subject to the provisions of Chapter 11.72 of this code. (b) Any person who violates any provision of this Chapter is guilty of a misdemeanor for each day in which such violation continues. Violations are punishable pursuant to Sections 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of this code. (c) The remedies provided for in this Section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisance. SECTION 2. Section 14.24.020 of the Palm Springs Municipal Code is amended to read: Except as expressly permitted by Chapter 11.06, Sections 14.24.030 and 14.24.060, no person shall use water upon any sidewalk, driveway, courtyard, service yard, parkway, lawn or any private premises within the City for any purposes, in such a manner that water is allowed to run into and accumulate in, or flow away in, the public streets, roadways or gutters. SECTION 3. Section 14.24.030 of the Palm Springs Municipal Code is amended to read: Between the hours of 5 a.m. and 9 a.m., water may be used to cleanse paved surfaces of public and private premises, using an approved device pursuant to Section 11.06.050(f) of this Code; provided it is used only in such quantity and with such pressure necessary to remove dirt or foreign matter from the paved surfaces; and provided that no grease, oil or other petroleum products are washed into the public streets, roadways or gutters. SECTION 4. Section 14.24.060 of the Palm Springs Municipal Code is amended to read: No person shall drain or permit to be drained, to a public sewer system any swimming pool, spa, fountain, or decorative water feature owned or controlled by such 08 Ordinance No. 1858 Page 7 inconvenience to the public, and will not result in any damage to public or private property. For the purposes of this Section, fountain or decorative water feature, means a fountain or water feature in excess of 1,000 cubic feet of water. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED this 17th day of September 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1858 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 01 Ordinance No. 1858 Page 7 person, unless and until a permit to do so has been obtained from the Building Official. Such permits shall be issued upon appropriate application therefor, accompanied by such fee as may have been prescribed by resolution of the City Council, and upon the Building Official determining that the time and place when and where such swimming pool, spa, fountain, or decorative water feature draining will be allowed will not be detrimental to the public interest or welfare, will not result in any undue hazard or inconvenience to the public, and will not result in any damage to public or private property. For the purposes of this Section, fountain or decorative water feature, means a fountain or water feature in excess of 1,000 cubic feet of water. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 17T" DAY OF SEPTEMBER, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1858 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 09 ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS. City Attorney Summary This Ordinance updates Chapter 8.60 of the Palm Springs Municipal Code relating to Water Efficient Landscaping requirements pursuant to AB 1881 and the California Department of State Resources Model Water Efficient Landscape Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS: SECTION 1. Chapter 8.60, entitled "Water Efficient Landscaping" of Title 8, "Building and Construction", of the Palm Springs Municipal Code is hereby amended and restated in its entirety to read: Chapter 8.60 WATER EFFICIENT LANDSCAPING Section: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Applicability. 8.60.040 Exemptions. 8.60.050 Landscape Document Package Filing Procedure. 8.60.060 Landscape Design Plan. 8.60.070 Irrigation Design Plan. 8.60.080 Certification of Project Completion. 8.60.090 Landscape Audit Schedules. 8.60.100 Fees for Initial Review and Program Monitoring. 8.60.110 Enforcement and Penalties. 8.60.120 Appeals. 8.60.010 Purpose. (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 ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS. City Attorney Summary This Ordinance updates Chapter 8.60 of the Palm Springs Municipal Code relating to Water Efficient Landscaping requirements pursuant to AB 1881 and the California Department of State Resources Model Water Efficient Landscape Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS: SECTION 1. Chapter 8.60, entitled "Water Efficient Landscaping" of Title 8, "Building and Construction", of the Palm Springs Municipal Code is hereby amended and restated in its entirety to read: Chapter 8.60 WATER EFFICIENT LANDSCAPING Section: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Applicability. 8.60.040 Exemptions. 8.60.050 Landscape Document Package Filing Procedure. 8.60.060 Landscape Design Plan. 8.60.070 Irrigation Design Plan. 8.60.080 Certification of Project Completion. 8.60.090 Landscape Audit Schedules. 8.60.100 Fees for Initial Review and Program Monitoring. 8.60.110 Enforcement and Penalties. 8.60.120 Appeals. 8.60.010 Purpose. (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 10 Ordinance No. 1859 Page 2 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 regulations of this Code and shall be read and construed as an integral part o the regulations and controls established thereby. 8.60.020 Definitions. The following words and terms used in this chapter shall be defined as follows: (a) "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. (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) "Irrigation System" means the network of piping, valves and irrigation heads. (e) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (f) "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. (g) "Low volume Irrigation" means an irrigation method to distribute irrigation water slowly in small volumes and targeting it to plants' root zones with no runoff or 11 I Ordinance No. 1859 Page 2 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 regulations of this Code and shall be read and construed as an integral part of the regulations and controls established thereby. 8.60.020 Definitions. The following words and terms used in this chapter shall be defined as follows: (a) "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. (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) "Irrigation System" means the network of piping, valves and irrigation heads. (e) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (f) "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. (g) "Low volume Irrigation" means an irrigation method to distribute irrigation water slowly in small volumes and targeting it to plants' root zones with no runoff or 1i Ordinance No. 1859 Page 3 overshooting. Low volume irrigation systems include but are not limited to drip emitters, tickle-"spider spray", micro spray-sprinklers, and or mist emitters. (h) "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. (i) Micro-irrigation. See "drip irrigation." 0) "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. (k) "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. (1) "Rehabilitated landscape" means any re-landscaping project that requires a permit. (m) "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. (n) "Smart Controller' means an irrigation scheduling device which incorporates either weather or soil moisture levels into the scheduling of irrigation times. (o) "Turr' means a surface of earth containing mowed grass with roots. (p) "Valve" means a device used to control the flow of water in the irrigation system. (q) "Xeriscape" means the utilization of plants that are appropriate to the local climate and do not require supplemental irrigation. 8.60.030 Applicability. This Chapter shall apply to the following: (a) New construction and rehabilitated landscapes for public agencies and private development projects with a proposed cumulative landscape area equal to or greater than 2,500 square feet. These include, but are not limited to, industrial, commercial, public, quasi-public, institutional, residential common areas, multi-family residential development and developer installed front yards; 12 Ordinance No. 1859 Page 3 overshooting. Low volume irrigation systems include but are not limited to drip emitters, tickle-"spider spray", micro spray-sprinklers, and or mist emitters. (h) "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. (i) Micro-irrigation. See "drip irrigation." (j) "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. (k) "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. (1) "Rehabilitated landscape" means any re-landscaping project that requires a permit. (m) "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. (n) "Smart Controller" means an irrigation scheduling device which incorporates either weather or soil moisture levels into the scheduling of irrigation times. (o) "Turf' means a surface of earth containing mowed grass with roots. (p) "Valve" means a device used to control the flow of water in the irrigation system. (q) "Xeriscape" means the utilization of plants that are appropriate to the local climate and do not require supplemental irrigation. 8.60.030 Applicability. This Chapter shall apply to the following: (a) New construction and rehabilitated landscapes for public agencies and private development projects with a proposed cumulative landscape area equal to or greater than 2,500 square feet. These include, but are not limited to, industrial, commercial, public, quasi-public, institutional, residential common areas, multi-family residential development and developer installed front yards; 12 Ordinance No. 1859 Page 4 (b) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of equal to or greater than 5,000 square feet; (c) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of 2,500 to 5,000 square feet shall comply with the provisions of 8.06.060 and 8.06.070; (d) New single family residential subdivisions where the front and/or side yards are landscaped by the developer or contractor; (e) All persons and properties as well as all pre-existing and newly installed or rehabilitated landscape areas shall comply with the water conservation and water waste prevention provisions in Chapter 11.06 of this Code. 8.60.040 Exemptions. This chapter shall not apply to the following: (a) Homeowner-provided landscaping at single-family projects with a total project landscape area equal to or less than 2,500 square feet; (b) Ecological restoration projects that do not require a permanent irrigation system. 8.60.050 Landscape document package filing procedure. (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 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, 13 Ordinance No. 1859 Page 4 (b) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of equal to or greater than 5,000 square feet; (c) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of 2,500 to 5,000 square feet shall comply with the provisions of 8.06.060 and 8.06.070; (d) New single family residential subdivisions where the front and/or side yards are landscaped by the developer or contractor; (e) All persons and properties as well as all pre-existing and newly installed or rehabilitated landscape areas shall comply with the water conservation and water waste prevention provisions in Chapter 11.06 of this Code. 8.60.040 Exemptions. This chapter shall not apply to the following: (a) Homeowner-provided landscaping at single-family projects with a total project landscape area equal to or less than 2,500 square feet; (b) Ecological restoration projects that do not require a permanent irrigation system. 8.60.050 Landscape document package filing procedure. (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 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, 13 Ordinance No. 1859 Page 5 (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.) (b) The landscape application shall be supplemented by additional plans and water calculations, and submitted to the Desert Water Agency or the Coachella Valley Water District, as applicable, 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 and zoning shall review applications and approve, conditionally approve or deny such application and shall assure conformity with this chapter. At the discretion of the director of planning and 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 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. 8.60.055 Maintenance schedule. 14 Ordinance No. 1859 Page 5 (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.) (b) The landscape application shall be supplemented by additional plans and water calculations, and submitted to the Desert Water Agency or the Coachella Valley Water District, as applicable, 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 and zoning shall review applications and approve, conditionally approve or deny such application and shall assure conformity with this chapter. At the discretion of the director of planning and 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 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. 14 Ordinance No. 1859 Page 6 (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. 8.60.060 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. (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 shall be used for turf in a landscape area where any dimension of the landscape area is six feet or less wide. (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. (4) On commercial, industrial or multifamily landscape no turf shall be installed on any portion of the site that is inaccessible or unusable to a person who uses the site. (5) On commercial or industrial projects, turf shall be limited to a maximum of fifteen percent (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 i5 Ordinance No. 1859 Page 6 8.60.055 Maintenance schedule. (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. 8.60.060 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. (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 shall be used for turf in a landscape area where any dimension of the landscape area is six feet or less wide. (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. (4) On commercial, industrial or multifamily landscape no turf shall be installed on any portion of the site that is inaccessible or unusable to a peFSGR who uses the site (5) On commercial or industrial projects, turf shall be limited to a maximum of fifteen percent (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. 15 Ordinance No. 1859 Page 7 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. Plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. A copy of the Coachella Valley Water District Plant Materials shall be on file at the department of planning and zoning for public inspection and review. 8.60.070 Irrigation design plan. (a) An irrigation 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 two thousand five hundred 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 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) 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. (4) 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. (5) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity. i6 Ordinance No. 1859 Page 7 (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. Plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. A copy of the Coachella Valley Water District Plant Materials shall be on file at the department of planning and zoning for public inspection and review. 8.60.070 Irrigation design plan. (a) An irrigation 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 two thousand five hundred 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 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) 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. (4) 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. 16 Ordinance No. 1859 Page 8 (6) 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. (7) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration, weather based, soil moisture based or similar.). (8) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master valve and flow sensor to prevent water waste associated with mainline breaks and other failures. (9) Water calculations shall include an evapotranspiration factor of .5. (10) Trees shall be placed on separate valves from shrubs, groundcover and turf. 8.60.080 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 pursuant to the approved plan. (b) Certification shall be accomplished by completing a certificate of completion and delivering it to the city planning department and to the owner of record. 8.60.090 Landscape audit schedules. (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 i7 Ordinance No. 1859 Page 8 (5) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity. (6) 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. (7) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration, weather based, soil moisture based or similar.). (8) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master valve and flow sensor to prevent water waste associated with mainline breaks and other failures. (9) Water calculations shall include an evapotranspiration factor of .5. (10) Trees shall be placed on separate valves from shrubs, groundcover and turf. 8.60.080 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 pursuant to the approved plan. (b) Certification shall be accomplished by completing a certificate of completion and delivering it to the city planning department and to the owner of record. 8.60.090 Landscape audit schedules. (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. 17 Ordinance No. 1859 Page 9 (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 and zoning 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. 8.60.100 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 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. 8.60.110 Enforcement and penalties. 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 designer(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, i8 Ordinance No. 1859 Page 9 (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 and zoning 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. 8.60.100 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 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. 8.60.110 Enforcement and penalties. 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 designer(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; i3 Ordinance No. 1859 Page 10 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. 8.60.120 Appeals. A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. SECTION 3. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION 4. The amendment to the regulations is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor Land Alterations). PASSED, APPROVED, AND ADOPTED this 17th day of September 2014. STEPHEN P. POLIGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1859 Page 10 (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. 8.60.120 Appeals. A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. SECTION 3. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION 4. The amendment to the regulations is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor Land Alterations). PASSED, APPROVED, AND ADOPTED this 17th day of September 2014. STEPHEN P. POLIGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 19 Ordinance No. 1859 Page 11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1859 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 20 Ordinance No. 1859 Page 11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1859 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 20 CITY OF PALM SPRINGS NOTIFICATION olM�,~M City Council Meeting Date: September 17, 2014 Subject: Ordinance No. 1858 and 1859 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries were published in the Desert Sun on October 1, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. \�A� Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summaries were posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on September 29, 2014. 1 declare under penalty of perjury that the foregoing is true and correct. IL4 zy cV Kathie Hart, MMC Chief Deputy City Clerk �.�1•�Jt act The Desert Sun 2014 OCT -2 AM 7: 55 Certificate of Publication 750 N. Gene Autry Trail Palm Springs, CA92262 760-778-4578/Fax 760-778-4731 CITY CLERK State of California ss: County of Riverside I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: Newspaper: The Desert Sun 10/1/2014 I acknowledge that I am a principal clerk of the printer of N01568 ORDINANCE N0.1&S8 The Desert Sun, printed and published weekly in the City AN ORDINANCE OF THE CITY OF PALM SPRING$, CALIFORNIA ADDING CHAPTER of Palm Springs, County of Riverside, State of California. 11.06 T0, AND AMENDING SECT ONE 14.24.020 14.24.030 AND 14.24.060 OF THE The Desert Sun was adjudicated a Newspaper of general PALM SP{tINGS MUNICIPAL CODE REGARD- IN WATER CONSERVATION AIJ0 WATER circulation on March 24, 1988 by the Superior Court of the WASTE PREVENTION. County of Riverside,State of California Case No. 191236. city ABomey Summon and This Ordinance Pe9ane for Hater c0merva�n and eetgblishesregu anst iestorviolalion. I declare under penalty of perjury that the foregoing is true was"" ''n` NANv OR NANCE NO.7889 and correct. Executed On this 1st day Of October,2014 In AN ORDINANCE OF THE CITY OF PALM SPRINGS,CALIFORNIA. AMENDING AND RE- Palm Springs, California. SPRINGS MUNCIPAL 8.60 CODE RELATIN THE GATO WAATER EFFICIENT REQUIR ANDS APING REGULA- TIONS City AtromeY Sunxnar�' PaIM This Ordsiencs um Chapterto Water the Springs MunidPa'`^�relating 0 to AS 1881 Lan n regulDre��Vd of State Resources I, and the Model Water El rd LandscaPa Ordinance. CERTIFICATION STATE OF CAUFORNIA) COUNTY OF RIVERSIODEE >s. e s 51 U cla re CITY OF PALM SPRING I'JAMES THOMPSON.CSV Clerk of the CI1 of !Sohn Springs,Caidomia do embYce 'tt and Or- ' d. we Noe. 1858.errd 185g ere Nll.dynCounc a r 3 N114,and correct copies,and Introduced by tl1e edooted regular erereeggbu18halegMgof ae tGnemtd ouwm9 h01 on this September 1T,2014,by J vote AYES'. Councdmembey,Feat,Councilmember p Lewin, Comoilmember Mills, Mayor Pro TOM s Hutcheson,and Mayor Peugrwt. n NOES! None. ABSENT'. None. ABSTAIN: None. JAMLERK C�� lmS��California Published:10fl.114 _ _—. ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTIONS 14.24.020, 14.24.030, AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION. City Attorney Summary This Ordinance promotes water conservation and establishes regulations for water conservation. and water waste, including penalties for violation. ------------------------------------------------------------------------------------------------------------------------------------ ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS. City Attorney Summary This Ordinance updates Chapter 8.60 of the Palm Springs Municipal Code relating to Water Efficient Landscaping requirements pursuant to AB 1881 and the California Department of State Resources Model Water Efficient Landscape Ordinance. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance Nos. 1858 and 1859 are full, true, and correct copies, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. d ES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1858 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING CHAPTER 11.06 TO, AND AMENDING SECTIONS 14.24.020, 14.24.030, AND 14.24.060 OF, THE PALM SPRINGS MUNICIPAL CODE, REGARDING WATER CONSERVATION AND WATER WASTE PREVENTION. City Attorney Summary This Ordinance promotes water conservation and establishes regulations for water conservation and water waste, including penalties for violation. WHEREAS, On January 17, 2014, Governor's Proclamation No. 1-17-2014 was issued, declaring a State of Emergency to exist in California due to severe drought conditions, noting that the state is experiencing record dry conditions, with 2014 projected to become the driest year on record, and called on all Californians to reduce their water usage by 20 percent; WHEREAS, on January 25, 2014, the California Governor issued an executive order to strengthen the state's ability to manage water and habitat effectively in drought conditions and called on all Californians to redouble their efforts to conserve water. The executive order finds that the continuous severe drought conditions present urgent challenges across the state including water shortages in communities; WHEREAS, on July 15, 2014, the California State Water Resources Control Board adopted Resolution No. 2014-0038 adopting emergency regulations for statewide urban water conservation; and WHEREAS, water conservation is one of the easiest, most efficient and cost effective ways to quickly reduce water demand and extend water supplies. The City Council of the City of Palm Springs ordains: SECTION 1. Chapter 11.06 is added to the Palm Springs Municipal Code to read: Chapter 11.06 WATER CONSERVATION AND WATER WASTE PREVENTION 11.06.010 Findings. 11.06.020 Purpose and Intent. 11.06.030 Definitions. 11.06.040 Applicability. Ordinance No. 1858 Page 2 11.06.050 Water Conservation Requirements. 11.06.060 Exceptions. 11.06.070 Drought Alert Requirements. 11.06.080 Violations. Section: 11.06.010 Findings. (a) A reliable supply of potable water is essential to the public health, safety and welfare of the people and economy of the state of California, the southern California region and the City of Palm Springs. (b) The state of California, the Coachella Valley and the City of Palm Springs suffer from periodic water shortages. (c) An active water conservation program along with water waste prevention regulations applicable to all sources and uses of water is essential to ensure a reliable supply of water for drinking, sanitation and fire protection, and to protect the public health, safety and welfare. (d) A water conservation program and water waste prevention regulations are necessary to mitigate effects of water shortages in the City of Palm Springs by reducing water consumption by residents, businesses and visitors, while minimizing the hardship caused to the general public to the greatest extent possible. 11.06.020 Purpose and Intent. (a) The purposes of this Chapter are to increase the conservation of water and provide regulation for the efficient use of potable water, prevent the unreasonable use of water, and maximize the use of recycled water where practicable. (b) This Chapter is intended solely to further the conservation of water. It is not intended to implement or supersede any federal, state or local statute, ordinance or regulation relating to protection of water quality or control of drainage or runoff. (c) This Chapter does not modify, terminate or otherwise affect the water services, water rates, or sewer services of any person. 11.06.030 Definitions. The following words, terms and phrases when used in this Chapter have the meanings ascribed to them in this section except where the context clearly indicates a different meaning: Ordinance No. 1858 Page 3 "Person" means any natural person or persons, corporation, public or private entity, governmental agency or institution, or any other user of water within the City. "Positive action quick-release shutoff valve or nozzle" means a hand-held sprayer or similar device that quickly, automatically and absolutely stops the flow of water when the user stops exerting pressure. "Pressure washer" means a water conserving cleaning device that emits not more than three (3) gallons of water per minute. "Recycled water or 'recycling system" means the capture, reclamation and reuse of non-potable water for beneficial use. "Water broom" means a water conserving sweeping device with spray jets that emit not more than three (3) gallons of water per minute. "Water-efficient" means a water conserving fixture, device or system that complies with the water conservation standards of the most current edition of the California Plumbing Code or, if no standard applies, is EPA WaterSense labeled or its equivalent. In no case shall the fixture, device or system use more water than is indicated by the standard stated in this section. "Water recycling system" means a system that reclaims and reuses non-potable water. "Water waste" means the use of potable water not in compliance with Section 11.06.050 of this code. 11.06.040 Applicability. This Chapter is applicable to every person, commercial business, or other water user, in the use of any water, within the City. The City Council may by Resolution, exempt pilot programs or special programs of limited scope undertaken by the City or undertaken in conjunction with the City's water provider. 11.06.050 Water Conservation Requirements. Water waste is unlawful in the City of Palm Springs. The following water conservation requirements shall apply to all persons: (a) Watering hours and duration. No lawn or landscaped area shall be irrigated or watered by any means between the hours of 7:00 a.m. and 7:00 p.m. on any day. Above-ground spray irrigation or watering shall not exceed fifteen (15) minutes per irrigation station or area. This subsection shall not apply to: Ordinance No. 1858 Page 4 1. Drip irrigation systems. 2. Use of a hand-held bucket or similar container. 3. Use of a hand-held hose equipped with a positive action quick-release shutoff value or nozzle. 4. Irrigation necessary to establish newly planted low water usage plants. 5. Water expended for limited periods of time necessary for irrigation system maintenance or leak repair. 6. Irrigation necessary to establish annual reseeding of seasonal grass and planting seasonal color for a maximum period of fourteen (14) days after the reseeding or the newly planted seasonal color. (b) Over-watering. No lawn or landscaped area shall be irrigated or watered to the point where excess water ponds, sprays or runs off the lawn or landscaped area onto any walkways, sidewalks, driveways, streets, alleys, storm drains, adjacent property or non-irrigated property. (c) Irrigation during rainfall. No lawn or landscaped area shall be irrigated or watered during rainfall. (d) Landscape irrigation system maintenance. Landscape irrigation systems shall be maintained to ensure water efficiency and shall be regularly inspected, maintained and repaired to eliminate leaks and remove obstructions to water emission devices. System maintenance shall include, but is not limited to, resetting the landscape clock monthly. (e) Water fountains and decorative water features. No person shall operate a fountain or other decorative water feature that does not recycle or recirculate the water utilized by the device. Permits must be obtained for the drainage of water fountain and decorative water features pursuant to Section 14.24.060 of this Code. (f) Cleaning. No person shall use water to wash or clean any sidewalks, walkways, patios, driveways, alleys, parking or similar areas, whether paved or unpaved; however, use of water brooms, or pressure washers or similar low flow technology, recycled water, or water recycling systems to clean these surfaces, is permitted. (g) Car Washing. No person shall use water to wash or clean any motorized or un- motorized vehicle, including but not limited to truck, boat, van, bus, motorcycle, trailer or similar vehicle except by use of a bucket or similar container or hand held hose equipped with a positive action quick-release shutoff valve or nozzle. This subsection shall not apply to any commercial car washing facility that uses a water recycling system to capture or reuse water. Ordinance No. 1858 Page 5 (h) Eating and drinking establishments shall only provide drinking water to customers upon request. (i) Hotels and motels shall provide customers the option of choosing not to have towels and linens laundered daily and shall prominently display this option in each bathroom and sleeping room using clear and easily understood language. (j) Water and leaks. No person shall: 1. Cause, permit or allow water to leak from any exterior or interior pipe, hose or plumbing fixture. 2. Cause, permit or allow water to flow from any source, without first being put to productive use, on private or public property onto walkways, sidewalks, streets, alleys or storm drains, except as a result of rainfall or pumping excessive groundwater infiltration, such as by means of a sump pump. For the purposes of this Subsection productive use shall mean, the use of potable water for cleaning or irrigation in a manner to prevent runoff, over sprays or other similar conditions onto an area not intended for cleaning or irrigation. (k) Pools and spas. Permits must be obtained for the drainage of pools and spas pursuant to Section 14.24.060 of this Code. Pools and spas shall be drained into the public sewer system. It is unlawful to drain a pool or spa directly or indirectly into the storm drainage system or public streets, roadways or gutters. This subsection shall not apply if the property is not connected to the public sewer system. Pools and spas may be drained into the storm drain system if the property is not connected to the public sewer system with a valid permit issued pursuant to Section 14.24.060 of this Code. 11.06.060 Exceptions. The Water Conservation Requirements contained in Section 11 .06.050 are not applicable as follows: 1. For uses of water that are necessary to protect public health and safety or for essential governmental services when such uses of water cannot be reduced. 2. Water used to comply with California Air Quality Management District dust control regulations and requirements. 11.06.070 Drought Alert Requirements. (a) The requirements of this Chapter are in addition to, and not in lieu of, the Desert Water Agency Water Supply Plan for Emergency Supply Shortage, adopted by Ordinance No. 45 of the Board of Directors of the Desert Water Agency, as may be amended. Ordinance No. 1858 Page 6 (b) The requirements of this Chapter are in addition to, and not in lieu of, any Federal or state Water Supply Plan or Regulation for Emergency Supply Shortage. 11.06.080 Violations. (a) Any violation of this Chapter is a public nuisance, and may be subject to the provisions of Chapter 11.72 of this code. (b) Any person who violates any provision of this Chapter is guilty of a misdemeanor for each day in which such violation continues. Violations are punishable pursuant to Sections 1.01.140 and 1.01.150 and the administrative citation provisions of Chapter 1.06 of this code. (c) The remedies provided for in this Section are in addition to, and not in lieu of, all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this code or other public nuisance. SECTION 2. Section 14.24.020 of the Palm Springs Municipal Code is amended to read: Except as expressly permitted by Chapter 11.06, Sections 14.24.030 and 14.24.060, no person shall use water upon any sidewalk, driveway, courtyard, service yard, parkway, lawn or any private premises within the City for any purposes, in such a manner that water is allowed to run into and accumulate in, or flow away in, the public streets, roadways or gutters. SECTION 3. Section 14.24.030 of the Palm Springs Municipal Code is amended to read: Between the hours of 5 a.m. and 9 a.m., water may be used to cleanse paved surfaces of public and private premises, using an approved device pursuant to Section 11.06.050(f) of this Code; provided it is used only in such quantity and with such pressure necessary to remove dirt or foreign matter from the paved surfaces; and provided that no grease, oil or other petroleum products are washed into the public streets, roadways or gutters. SECTION 4. Section 14.24.060 of the Palm Springs Municipal Code is amended to read: No person shall drain or permit to be drained, to a public sewer system any swimming pool, spa, fountain, or decorative water feature owned or controlled by such person, unless and until a permit to do so has been obtained from the Building Official. Such permits shall be issued upon appropriate application therefor, accompanied by such fee as may have been prescribed by resolution of the City Council, and upon the Building Official determining that the time and place when and where such swimming Ordinance No. 1858 Page 7 pool, spa, fountain, or decorative water feature draining will be allowed will not be detrimental to the public interest or welfare, will not result in any undue hazard or inconvenience to the public, and will not result in any damage to public or private property. For the purposes of this Section, fountain or decorative water feature, means a fountain or water feature in excess of 1,000 cubic feet of water. SECTION 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 17T" DAY OF SEPTEMBER, 2014. STEPHEN P. POUGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1858 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tem Hutcheson and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California ORDINANCE NO. 1859 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING AND RESTATING CHAPTER 8.60 OF THE PALM SPRINGS MUNICIPAL CODE RELATING TO WATER EFFICIENT LANDSCAPING REGULATIONS AND REQUIREMENTS. City Attorney Summary This Ordinance updates Chapter 8.60 of the Palm Springs Municipal Code relating to Water Efficient Landscaping requirements pursuant to AB 1881 and the California Department of State Resources Model Water Efficient Landscape Ordinance. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY ORDAINS: SECTION 1. Chapter 8.60, entitled "Water Efficient Landscaping" of Title 8, "Building and Construction", of the Palm Springs Municipal Code is hereby amended and restated in its entirety to read: Chapter 8.60 WATER EFFICIENT LANDSCAPING Section: 8.60.010 Purpose. 8.60.020 Definitions. 8.60.030 Applicability. 8.60.040 Exemptions. 8.60.050 Landscape Document Package Filing Procedure. 8.60.060 Landscape Design Plan. 8.60.070 Irrigation Design Plan. 8.60.080 Certification of Project Completion. 8.60.090 Landscape Audit Schedules. 8.60.100 Fees for Initial Review and Program Monitoring. 8.60.110 Enforcement and Penalties. 8.60.120 Appeals. 8.60.010 Purpose. (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 Ordinance No. 1859 Page 2 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 regulations of this Code and shall be read and construed as an integral part of the regulations and controls established thereby. 8.60.020 Definitions. The following words and terms used in this chapter shall be defined as follows: (a) "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. (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) "Irrigation System" means the network of piping, valves and irrigation heads. (e) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and develop efficient irrigation schedules. (f) "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. (g) "Low volume Irrigation" means an irrigation method to distribute irrigation water slowly in small volumes and targeting it to plants' root zones with no runoff or Ordinance No. 1859 Page 3 overshooting. Low volume irrigation systems include but are not limited to drip emitters, tickle-"spider spray', micro spray-sprinklers, and or mist emitters. (h) "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. (i) Micro-irrigation. See "drip irrigation." 0) "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. (k) "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. (1) "Rehabilitated landscape" means any re-landscaping project that requires a permit. (m) "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the area. (n) "Smart Controller" means an irrigation scheduling device which incorporates either weather or soil moisture levels into the scheduling of irrigation times. (o) "Turf' means a surface of earth containing mowed grass with roots. (p) "Valve" means a device used to control the flow of water in the irrigation system. (q) "Xeriscape" means the utilization of plants that are appropriate to the local climate and do not require supplemental irrigation. 8.60.030 Applicability. This Chapter shall apply to the following: (a) New construction and rehabilitated landscapes for public agencies and private development projects with a proposed cumulative landscape area equal to or greater than 2,500 square feet. These include, but are not limited to, industrial, commercial, public, quasi-public, institutional, residential common areas, multi-family residential development and developer installed front yards; Ordinance No. 1859 Page 4 (b) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of equal to or greater than 5,000 square feet; (c) New construction of landscapes for single family residences which are homeowner provided or contractor installed on behalf of the homeowner with a total landscape area of 2,500 to 5,000 square feet shall comply with the provisions of 8.06.060 and 8.06.070; (d) New single family residential subdivisions where the front and/or side yards are landscaped by the developer or contractor; (e) All persons and properties as well as all pre-existing and newly installed or rehabilitated landscape areas shall comply with the water conservation and water waste prevention provisions in Chapter 11.06 of this Code. 8.60.040 Exemptions. This chapter shall not apply to the following: (a) Homeowner-provided landscaping at single-family projects with a total project landscape area equal to or less than 2,500 square feet; (b) Ecological restoration projects that do not require a permanent irrigation system. 8.60.050 Landscape document package filing procedure. (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 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, Ordinance No. 1859 Page 5 (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.) (b) The landscape application shall be supplemented by additional plans and water calculations, and submitted to the Desert Water Agency or the Coachella Valley Water District, as applicable, 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 and zoning shall review applications and approve, conditionally approve or deny such application and shall assure conformity with this chapter. At the discretion of the director of planning and 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 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. Ordinance No. 1859 Page 6 8.60.055 Maintenance schedule. (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. 8.60.060 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. (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 shall be used for turf in a landscape area where any dimension of the landscape area is six feet or less wide. (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. (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 fifteen percent (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. Ordinance No. 1859 Page 7 (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. Plant materials shall be selected utilizing the Lush and Efficient Landscape Guidelines, published by the Coachella Valley Water District. A copy of the Coachella Valley Water District Plant Materials shall be on file at the department of planning and zoning for public inspection and review. 8.60.070 Irrigation design plan. (a) An irrigation 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 two thousand five hundred 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 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) 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. (4) 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. Ordinance No. 1859 Page 8 (5) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity. (6) 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. (7) The irrigation system shall be regulated by means of a smart controller (either evapotranspiration, weather based, soil moisture based or similar.). (8) Irrigation projects equal or greater than 5,000 square feet shall include the installation of a master valve and flow sensor to prevent water waste associated with mainline breaks and other failures. (9) Water calculations shall include an evapotranspiration factor of .5. (10) Trees shall be placed on separate valves from shrubs, groundcover and turf. 8.60.080 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 pursuant to the approved plan. (b) Certification shall be accomplished by completing a certificate of completion and delivering it to the city planning department and to the owner of record. 8.60.090 Landscape audit schedules. (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. Ordinance No. 1859 Page 9 (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 and zoning 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. 8.60.100 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 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. 8.60.110 Enforcement and penalties. 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 designer(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; Ordinance No. 1859 Page 10 (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. 8.60.120 Appeals. A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of this Code. SECTION 2. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. SECTION 3. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining section, subsection and clauses shall not be affected thereby. SECTION 4. The amendment to the regulations is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15304 (Minor Land Alterations). PASSED, APPROVED, AND ADOPTED this 17th day of September 2014. STEPHEN P. POLIGNET, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1859 Page 11 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Ordinance No. 1859 is a full, true, and correct copy, and introduced by the City Council at a regular meeting held September 3, 2014, and adopted at a regular meeting of the City Council held on this September 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. JAMES THOMPSON, CITY CLERK City of Palm Springs, California