HomeMy WebLinkAbout9/3/2014 - STAFF REPORTS - 3.B. a°E p P LM S,.
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CITY COUNCIL STAFF REPORT
DATE: September 3, 2014 LEGISLATIVE
SUBJECT: PROPOSED ORDINANCES RELATING TO WATER EFFICIENT
LANDSCAPING, WATER CONSERVATION AND WATER WASTE
PREVENTION AND CEQA EXEMPTION DETERMINATION.
FROM: David H. Ready, City Manager
BY: Department of Building & Safety and Office of Sustainability
SUMMARY
The City Council will consider the introduction of two ordinances as follows: (i) adding
Palm Springs Municipal Code Chapter 11 .06 regarding water conservation and water
waste prevention; and (ii) amending and restating existing regulations for water efficient
landscaping, Palm Springs Municipal Code Chapter 8.60.
RECOMMENDATION:
1. Waive the reading of the text in its entirety and introduce on first reading by title
only Ordinance No. , "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 Ordinance No. , "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."
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.
TEM NO. �K�—
City Council Staff Report
September 3, 2014- Page 2
Water Conservation/Landscape Legislation
BACKGROUND AND STAFF ANALYSIS:
In 2014, the California Governor issued a Proclamation and Executive Order 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.
Additionally, the California State Water Resources Control Board adopted Resolution
No. 2014-0038 adopting emergency regulations for statewide urban water conservation.
The California State Water Resources Control Board Resolution pertains to water
agencies in the state.
On, August 5, 2014, the Desert Water Agency Board of Directors, adopted Resolution
No. 1011 declaring a Stage 2 Water Supply Shortage Alert, pursuant to Desert Water
Agency Ordinance No. 45, implementing mandatory restrictions on outdoor irrigation
and other measures as follows:
1. Washing driveways, parking lots or other hard surfaced area, or building
exteriors at any time, except to alleviate immediate fire hazards is prohibited;
2. Parks, golf courses and school grounds are to be irrigated during
nighttime hours only between sunset and sunrise;
3. Lawn watering and landscape irrigation is prohibited between the hours of
10:00 a.m. to 5:00 p.m.;
4. Running water shall not be used for washing privately owned vehicles. A
bucket may be used for the washing of vehicles and only hoses equipped with shut-off
nozzles may be used for rinsing;
5. Restaurants are requested not to provide drinking water to patrons except
by request;
6. Commercial nurseries shall use water only during the hours from midnight
to 6:00 a.m. Irrigation of propagation beds and watering of livestock is permitted as
necessary during any hours.
7. Golf courses using recycled water are exempted from these restrictions.
A City Joint Commission Water Task Force was established (comprised of members
from the Planning Commission, Architectural Advisory Commission, Parks and
Recreation Commission, Sustainability Commission and the Palm Springs
Neighborhood Involvement Committee) to make recommendations regarding water
conservation and landscape irrigation as they pertain to current ordinances and
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City Council Staff Report
September 3, 2014 - Page 3
Water Conservation/Landscape Legislation
potential new policy initiatives. An "Ordinance Subcommittee" was formed to research
and review two draft ordinances. One related to general water conservation and the
second related to irrigation and landscaping. The subcommittee met several times
throughout the months of July and August to discuss the proposed ordinances.
Water Conservation and Waste Water Prevention.
With the exception of miscellaneous provisions in the Palm Springs Municipal Code
regarding water in City streets, roadways or gutters, and the Water Efficient
Landscaping Chapter (outlined later in this report), the City has no regulations for water
conservation and waste water prevention. Absent provisions in the Code, the City has
no authority to issue citations for violations pertaining to water restrictions, such as
those recently imposed by Desert Water Agency.
The proposed ordinance declares water waste as unlawful in the City of Palm Springs.
Water waste is defined as the use of potable water not in compliance with the water
conservation requirements established by the ordinance. Water waste is subject to
abatement by the City as other public nuisances, or subject to administrative citation or
other legal remedies.
Specifically, the proposed ordinance:
1. Prohibits the watering of landscaped areas from 7:00 a.m. to 7:00 p.m.,
with exceptions for drip irrigation systems, manual watering with containers and/or hose
with shutoff nozzle, maintenance of irrigation systems, and newly planted materials,
including annual reseeding of turf and seasonal color.'
2. Prohibits over-watering of lawn or landscaped areas.
3. Prohibits watering during rainfall.
4. Requires landscape irrigation system maintenance.
5. Requires fountains and decorative water features recirculate.
6. Allows cleaning of sidewalks, patios and similar areas with low pressure
washers or recycled water.
7. Allows vehicle washing with use of a bucket and quick-release shutoff
nozzle.
' The Subcommittee discussed and recommended to continue to allow an exemption to the irrigation
regulations for annual reseeding of turf and seasonal color. As a policy decision the City Council may be
inclined to discuss removing the exemption, which in-turn will make annual reseeding difficult if not
impracticable.
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City Council Staff Report
September 3, 2014 - Page 4
Water Conservation/Landscape Legislation
8. Requires eating and drinking establishments provide drinking water only
by request.
9. Requires hotels and motels to provide customer options for the cleaning
and changing of linens and towels.
10. Prohibits water leaks from any exterior or interior pipe.
11. Requires all pools, all spas, and decorative water features (in excess of
1,000 cubic feet of water) be drained into the public sewer system rather than the storm
drain system (pending further review by Violia regarding treatment requirements)
The proposed ordinance acknowledges that stricter requirements may be in effect by
the Desert Water Agency and/or the State or Federal Government in response to an
emergency water supply shortage.
Enforcement of the water conservation and waste water prevention ordinance would be
the responsibility of the Code Enforcement Division. Currently, Staff has added a
category to the City's Go Request app, Palm Springs @ Your Service, which provides
for the general public to report water waste. The City's Code Enforcement will notify
property owners of possible violations and could also refer the matter to the Desert
Water Agency as appropriate.
According to a recent story in the Los Angeles Times (attached for reference) public
education and notification is the key to a successful water conservation program, as
opposed to monetary fines. Since the fall of 2013, the City of Los Angeles has received
more than 1,100 reports of water violations. Of those, more than 850 repeat offenders
received warnings. None had to be fined for continued violations.
Water Efficient Landscaping.
In 1990, the State enacted AB 325 the Water Conservation in Landscape Act, which
required the California Department of Water Resources to develop and adopt a Model
Water Efficient Landscape Ordinance by January 1, 1992. The premise was that
landscape design, installation and maintenance can and should be water efficient.
Additionally, the legislation required all local agencies adopt a water efficient landscape
ordinance, considering local climate, geological or topographical conditions, or water
availability. If local agencies did not adopt a local ordinance the state model ordinance
was in effect for the local agency. As such, Ordinance No. 1463 was adopted,
establishing Chapter 8.60 of the Palm Springs Municipal Code, to address specific
landscape, irrigation and water conservation measures.
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City Council Staff Report
September 3, 2014 - Page 5
Water Conservation/Landscape Legislation
In 2006, the State enacted AB 1881, the Water Conservation in Landscape Act, which
required the California Department of Water Resources to update the Model Water
Efficient Landscape Ordinance. Similar to the previous legislation, if a local agency did
not adopt a local ordinance, the updated State Model Water Efficient Landscape
Ordinance would apply within the jurisdiction of the local agency. The City did adopt the
State Model Ordinance.
At the time of the original state mandate, cities and water districts seemed to agree the
water districts should take the lead, since cities do not necessarily have staff expertise
to conduct detailed water evaluations. Currently, the City requires all applicable
projects submit plans to the Desert Water Agency for review and compliance. Desert
Water Agency reviews and approves the plans, which are filed with the final
development plans.
Additionally, City Staff refers landscape plans to the AAC to ensure that irrigation plans
meet water efficiency landscape requirements. The City charges a fee for architectural
review of projects, which includes the review of the landscape plan, in its existing fee
structure.
New Ordinance Provisions.
City Staff and the Task Force Ordinance Subcommittee recommend the City Council
introduce the proposed ordinance amending and restating Chapter 8.60 of the Palm
Springs Municipal Code, and to adopt local regulations that exceed the requirements of
the Model Water Efficient Landscape Ordinance as follows:
Currently the state model ordinance requires commercial properties to comply with the
state water efficient landscape standards. The City's previous ordinance exempted
multi-family; the proposed ordinance requires multi-family to comply and now aligns with
the state model ordinance.
Applicability. Single-family dwellings with landscape area over 5,000 square feet must
comply with the water efficient landscape standards. Single-family dwellings with
landscape area between 2,500 and 5,000 square feet shall comply with provisions for
landscape and irrigation drawing requirements of the proposed code. Currently, the
state model code does not pertain to single-family dwellings less than 5,000 square
feet, and the City's existing code exempts all single-family dwellings. All local ordinances
and the state model ordinance require adherence to the efficient landscape standards
when over 5,000 square feet.
A single-family subdivision, when front and/or side yards are landscaped by the
developer or contractor must meet the City's proposed water efficient landscape
standards. Currently, the state model ordinance and the City's existing code do not
provide such a requirement.
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Water Conservation/Landscape Legislation
Exemptions. In the proposed code only ecological restoration projects and single family
projects less than 2,500 square feet are exempt. The state model code and the City's
existing code exempts many more sites including historic sites, cemeteries, single-
family homes, multi-family, reclaimed water users, botanical gardens, as well as
ecological restoration projects.
Plan Check and Review Fees. The state model ordinance does not require Plan Check;
however, the current Palm Springs ordinance requires with plan check through Desert
Water Agency only if the project is: (a) Over 5,000 square feet; or (b) goes through the
City's Lawn Buy Back Program and the Planning Department calls for a Minor
Architectural Application. Appropriate fees are required for these reviews.
Turf Allowance. The proposed ordinance is in line with the state model ordinance in
that it does not allow turf on slopes greater than 25%. However, the City's proposed
ordinance is more restrictive in that it restricts turf coverage by property type. The
existing City ordinance has no restrictions on turf.
Planting Requirements. The state did not provide a plant list or require such of new
applicants. The current City code also makes no reference to a plant list. The proposed
ordinance establishes that an approved plant list be established and adhered to.
Moreover, the City's Lawn Buy Back Program requires drawings and a list of plants in
the application process.
Irrigation Standards. In the proposed ordinance, irrigation must be designed for hydro-
zones and irrigation standards are set for landscape adjacent to hardscape.
Subterranean irrigation is required within 36 inches of hardscape. The state model
ordinance only requires subterranean irrigation on plantings within 24 inches of
hardscape. Smart controllers and master valves are also required on projects that are
over 5,000 square feet. The state model ordinance and the City's current ordinance
have no such requirements.
Evapotranspiration Rate. The proposed ordinance is more stringent than the state
model ordinance and equal to that of other Coachella Valley cities when determining
required evapotranspiration factors (ETAF). The ETAF for the state model ordinance is
only 0.7, where the local ETAF pursuant to the proposed ordinance is 0.5. This makes
the proposed ordinance and local ordinances more water efficient than the state model
ordinance.
Overall the City's proposed ordinance is more stringent than the existing City
Ordinance, other local ordinances, CVAG's Model Water Efficient Landscape Ordinance
and the State Model Ordinance.
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City Council Staff Report
September 3, 2014- Page 7
Water Conservation/Landscape Legislation
Building Codes and Standards.
Current California Building Codes, adopted by the City of Palm Springs, require certain
water conservation devices for residential and commercial building.
Effective January 1, 2014, House Bill 4007 (2009) specifically addresses compliance
measures related to residential and commercial properties constructed prior to 1994.
The new regulations require that all plumbing fixtures, not meeting the current low flow
code requirements, must be replaced with compliant fixtures when obtaining a permit for
improvements or alterations to any commercial or residential property.
The City's Building and Safety Department is enforcing the new regulations. Any
commercial or residential property build prior to 1994, that require a permit for any
alteration, must replace all fixtures and/or provide documentation that all plumbing
fixtures meet the low flow code requirements.
Furthermore, the new law requires that on or before January 1, 2017, all noncompliant
plumbing fixtures in ANY single-family residential real property shall be replaced by the
property owner with water-conserving plumbing fixtures. The State did not provide any
inspection or enforcement provisions in the legislation.
The law further requires that on or before January 1, 2019, all noncompliant plumbing
fixtures in multi-family residential real property and commercial real property shall be
replaced by the property owner with water-conserving plumbing fixtures. The State did
not provide any inspection or enforcement provisions in the legislation.
Generally, the industry does not provide any plumbing fixture which exceeds the
standards contained in the California Building Code, with the exception of waterless
toilets. As such, given the provisions enacted in the California Building Codes with
respect to plumbing fixtures, Staff has no further recommended actions for Building
Codes and Standards.
Notwithstanding the above, the City Council may wish to consider directing Staff to
prepare an ordinance that further requires additional water saving devices as
appropriate. For example, other regulations might include mandates such as: requiring
all eating and drinking establishments to replace dishwashing systems with water-
efficient dishwashing machines; require lodging facilities and laundry businesses to
replace laundry equipment with water efficient washing machines; require all existing
conveyor car wash systems to install and operate only water recycling systems, etc.
FISCAL IMPACT:
The Water Efficient Landscaping provisions in the code administered by the Planning
Department will be offset by the appropriate fees charged. Such fees are being
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City Council Staff Report
September 3. 2014 - Page 8
Water Conservation/Landscape Legislation
reviewed and Staff will present recommendations for any modifications required to carry
out the provisions of the Ordinance.
The Water Conservation and Water Waste Prevention regulations will be enforced by
the City's Code Enforcement Division. Additional resources may be required depending
upon our overall experience with requests for service and enforcement. Moreover,
educational and outreach initiatives will be provided with resources through the Office of
Sustainability.
X �
MES ZICARO MICHE E MICIAN
Director of Building and Safety Sustainability Manager
r. . ���"'"'
, . MES THOMPSON DAVID H. READY
Chief of Staff/City Clerk City Manager
Attachments:
Proposed Water Conservation Ordinance
Proposed Landscape Ordinance
PSMC Chapter 8.60
DWA Resolution No. 1011
DWA Ordinance No. 45
Los Angeles Times Story
08
ORDINANCE NO.
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.
11.06.050 Water Conservation Requirements.
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Ordinance No.
Page 2
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.
- I f 10
Ordinance No. _
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.
2. Use of a hand-held bucket or similar container.
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Ordinance No. _
Page 4
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.
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Ordinance No. _
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.
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 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.
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Ordinance No. _
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
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Ordinance No. _
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 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. 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
15
ORDINANCE NO.
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
Resources Chapter 2.7 Model Water Efficient Landscape Ordinance and the state of
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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
overshooting. Low volume irrigation systems include but are not limited to drip emitters,
tickle-"spider spray", micro spray-sprinklers, and or mist emitters.
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(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;
(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;
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(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,
(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.
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Ordinance No. _
Page 5
(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.
(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.
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Ordinance No. _
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(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
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.
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(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.
(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.
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Ordinance No. _
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(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
(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
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Ordinance No. _
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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,
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.
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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 BY THE PALM SPRINGS CITY
COUNCIL THIS 17TH DAY OF SEPTEMBER, 2014.
STEPHEN P. POUGNET, MAYOR
ATTEST:
JAMES THOMPSON, CITY CLERK
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Ordinance No.
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. 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
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Chapter 8.60 WATER EFFICIENT LANDSCAPING Page 1 of 5
Palm Springs Municipal Code
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Title 8 BUILDINGS AND CONSTRUCTION
Chapter 8.60 WATER EFFICIENT LANDSCAPING
8.60.005 Purpose and intent.
The purpose and intent of this chapter is to establish minimum water efficient landscape requirements for
all new and rehabilitated landscape projects to meet the minimum requirements of the State of California Water
Conservation in Landscaping Act, Government Code Section 65591, et seq. The city's staff has considered the
State Model Water Efficient Landscape Ordinance and determined the provisions of this chapter more
appropriately address the specific needs of the city. (Ord. 1463 § 1, 1993)
8.60.010 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) "Landscape irrigation audit" means a process to perform site inspections, evaluate irrigation systems, and
develop efficient irrigation schedules.
(e) "Landscaped area" means the entire parcel less the building footprint, driveways, nonirrigated portions of
the parking lots, hardscapes such as decks and patios, and other nonporous areas.
(f) "Maximum water allowance"means, for the design purposes,the upper limit of annual applied water for
the established landscape area as specified in Div. 2, Title 23, CA. Code of Reg., Chapter 7, section 702. It is
based upon the area's reference evapotranspiration, ET adjustment factor, and the size of the landscaped area.
(g) Micro-irrigation. See"drip irrigation."
(h) "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.
(i) "Reclaimed water" means treated or recycled waste water of a quality suitable for nonpotable uses such as
landscape irrigation. Reclaimed water is not for human consumption.
0) "Recreational area" means areas of active play or recreation such as sports fields, school yards, picnic
grounds, or other areas with intense foot traffic.
(k) "Rehabilitated landscape" means any relandscaping project that requires a permit.
(1) "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from
the area.
(m) "System"means the network of piping,valves and irrigation heads.
(n) "Turf'means a surface of earth containing mowed grass with roots.
(o) "Valve"means a device used to control the flow of water in the irrigation system.
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(Ord. 1463 § 1, 1993)
8.60.015 Applicability. _
This chapter shall apply to the following:
(1) All new and rehabilitated landscaping for public agency projects such as recreational areas and
schools;
(2) All new and rehabilitated landscaping for private development projects such as golf courses,
common area landscaping, private schools, businesses; and for multifamily housing that have a landscaped
area of two thousand five hundred square feet or more.
(Ord. 1463 § 1, 1993)
8.60.020 Exemptions.
This chapter shall not apply to the following:
(1) Homeowner provided landscaping at single-family and multifamily projects;
(2) Cemeteries;
(3) Registered historic sites;
(4) Ecological restoration projects that do not require a permanent irrigation system;
(5) Any project with a landscape area less than two thousand five hundred square feet;
(6) Any project using over fifty percent recycled water is exempt from the maximum water allowance
and water audits.
(Ord. 1463 § 1, 1993)
8.60.025 Landscape document package filing procedure.
(a) Prior to the construction and installation of any new or rehabilitated landscaping as specified in Section
8.60.015, a landscape document package shall be prepared and submitted for review and approval.Approval
shall be made through the 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 gradingPIan;
(6) Irrigation design plan;
(7) Irrigation system design;
(8) Drip irrigation design;
(9) Reclaimed water specifications;
(10) Irrigation water specifications;
(11) Soil analysis. (A soil analysis is recommended but not mandatory.)
(b) The landscape application may be supplemented by additional plans and submitted to the Desert Water
Agency/Coachella Valley Water District with other pertinent information to adequately address all applicable
aspects of the application.
(c) The department of planning and zoning shall review applications and approve, conditionally approve or
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Chapter 8.60 WATER EFFICIENT LANDSCAPING Page 3 of 5
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 in this Section 8.60.025.
(e) All public agency projects are not required to be prepared by a landscape architect or installed by a
landscape contractor or other qualified professional. However, all public agency projects shall be in compliance
with the approved plans and installed correctly to specifications and standards approved by the city and in
compliance with this chapter. (Ord. 1463 § 1, 1993)
8.60.030 Landscape_design plan.
A landscape design plan satisfying the design guidelines outlined in the landscape application shall be
submitted as a part of the landscape document package. Guideline objectives are to ensure that future
landscaping projects are designed and constructed to the highest level of aesthetic values and water efficiency,
and to make wise water management viable and easy. (Ord. 1463 § 1, 1993)
8.60.035 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. (Ord. 1463 § 1, 1993)
8.60.040 Certification of project completion
(a) For all private development projects, a licensed landscape architect, installing licensed contractor, or other
qualified professional in a related field shall conduct a final field observation and shall provide a certificate of
completion. The certificate shall specifically indicate that plants were installed as specified. The installing
contractor shall certify that the irrigation system was installed as designed.
(b) Certification shall be accomplished by completing a certificate of completion and delivering it to the city
planning department and to the owner of record. (Ord. 1463 § 1, 1993)
8.60.045 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 Desert Water Agency/Coachella Valley Water District for review and
approval. Those subject to an audit are public agencies, schools, cemeteries, public parks,commercial uses, golf
courses, common areas, greenbelts, and 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(acreage)of property including the amount of water used during the previous
twelve months and certified by the water purveyor having jurisdiction.
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(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 8.60.065 of this chapter. (Ord. 1463 § 1, 1993)
8.60.050 Water waste revention.
Water waste from inefficient landscape irrigation allowing runoff, low head drainage, overspray or other
conditions where water flows onto roadways, adjacent property or nonirrigated property is prohibited. (Ord.
1463 § I, 1993)
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.
(c) Programmed irrigation should only occur from nine p.m. to nine a.m. during the summer months(May to
September). (Ord. 1463 § 1, 1993)
8.60.060 Fees for initial review and program monitoring.
The following fees are determined to be necessary to cover the costs of reviewing landscape applications
and monitoring landscape irrigation audits and shall be imposed on the subject applicant, property owner, or
designee.
(1) The city council, by resolution, shall establish the amount of the landscape application fee in
accordance with applicable law.
(2) A landscape application fee shall be due at the time of initial project application submission to the
city.
(3) The Desert Water Agency and the Coachella Valley Water District may require every five years the
project owner to cause a landscape irrigation audit to be completed by a certified landscape irrigation
auditor. The sole cost of the water audit will be home by other than the water purveyor having jurisdiction.
(4) 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.
(Ord. 1463 § 1, 1993)
8.60.065 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:
(1) Revocation of a landscape application;
(2) Withholding issuance of a certificate of use and occupancy or building permit;
(3) Issuance of a stop work order;
(4) 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
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Chapter 8.60 WATER EFFICIENT LANDSCAPING Page 5 of 5
property in the event any debts so incurred are not timely paid.
(Ord. 1463 § 1, 1993)
8.60.070 Appeals.
A person aggrieved by an action taken by the city may appeal the action pursuant to Chapter 2.05 of the
Palm Springs Municipal Code. (Ord. 1463 § 1, 1993)
31
http://www.gcode.us/codes/palmsprings/view.php?topic=8-8_60&showAll=1&frames=on 8/27/2014
RESOLUTION NO. 1101
RESOLUTION OF THE BOARD OF DIRECTORS OF
DESERT WATER AGENCY DECLARING A STAGE 2
(WATER SUPPLY SHORTAGE ALERT) PURSUANT TO
THE AGENCY'S WATER SHORTAGE CONTINGENCY
PLAN
WHEREAS, by Ordinance No. 45 the Board of Directors of Desert Water
Agency has adopted a Water Shortage Contingency Plan which provides for certain measures to
be implemented upon the declaration of levels of water shortage as set forth in the ordinance; and
WHEREAS, Ordinance No. 45 includes a Stage 2 (Water Supply Shortage Alert)
with mandatory restrictions on outdoor irrigation;
WHEREAS, emergency drought regulations adopted by the State Water
Resources Control Board on July 15, 2014, now require the Agency to declare a stage of
conservation in Ordinance No. 45 that includes mandatory restrictions on outdoor irrigation; and
WHEREAS, as required by Ordinance No. 45, this Board of Directors conducted
a public hearing on August 5, 2014, with notice of such hearing published in a newspaper of
general circulation as required therein, to consider testimony on the declaration of a Stage 2
(Water Supply Shortage Alert), and has considered the testimony provided at such hearing in
light of the mandatory actions required by the emergency drought regulations adopted by the
State Water Resources Control Board;
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of
Desert Water Agency does hereby declare a Stage 2 (Water Supply Shortage Alert) pursuant to
Ordinance No. 45, thereby implementing the mandatory restrictions on outdoor irrigation and
other measures applicable to that stage within Ordinance No. 45, as follows:
(1) Washing driveways, parking lots, or other hard surfaced area, or building
exteriors at any time, except to alleviate immediate fire hazards is prohibited;
(2) Parks, golf courses and school grounds are to be irrigated during nighttime
hours only, between sunset and sunrise;
(3) Lawn watering and landscape irrigation, including construction meter use, is
prohibited between the hours of 10:00 a.m. to 5:00 p.m.;
(4) Running water shall not be used for washing privately owned vehicles. A
bucket may be used for the washing of vehicles and only hoses equipped with
shut-off nozzles may be used for rinsing;
(5) Restaurants are requested not to provide drinking water to patrons except by
request;
(6) Commercial nurseries shall use water only during the hours from midnight to
6:00 a.m. Irrigation of propagation beds and watering of livestock is permitted
as necessary during any hours. 32
03586.0000059098807.1
(7) Golf courses using recycled water are exempted from these restrictions.
Agency staff are hereby directed to take into consideration state and federal regulatory
requirements as well as health and safety needs in the implementation of the restrictions set forth
in Ordinance No. 45.
BE IT FURTHER RESOLVED that this resolution shall become effective
immediately.
ADOPTED this 5th day of August, 2014.
Craig A. ng,�r'es dent
Bo of Direc rs
Desert Water Agency
ATTEST:
J eph 09tuart, Secretary-Treasure
Board of Directors
Desert Water Agency
l
33
03586.00000\9098807.1
ORDINANCE NO. 45
ORDINANCE OF THE BOARD OF DIRECTORS OF
DESERT WATER AGENCY RESTRICTING WATER
USE DURING WATER SUPPLY EMERGENCIES
WHEREAS, Desert Water Agency (hereinafter
"Agency" ) is a public agency organized under the Desert
Water Agency Law, Water Code Appendix Section 100-1,
et seq. , to provide water service among other purposes to
the water users within the boundaries of the Agency; and
WHEREAS, the Agency is authorized by Water Code
Appendix Section 100-15 (13) to restrict the use of Agency
water during a threatened or existing water shortage, and to
prohibit the waste or the use of Agency water during such
periods for any purpose other than domestic uses or such
other uses as may be determined by the Agency to be neces-
sary; and,
WHEREAS, the Agency is further authorized by Water
Code S350 et sec . to declare a water shortage emergency and
by Water Code 5375-377 to adopt water conservation programs;
and
WHEREAS, the Agency finds and determines that the
adoption of water conservation rules and regulations is
necessary to (1) protect the health, safety and welfare of
the inhabitants of the district, (2) assure the maximum
beneficial use of the water supplies of the Agency, and (3)
ensure that there will be sufficient water supplies to meet
34
l
the basic needs of human consumption, sanitation and fire
protection; and
WHEREAS, the Agency further finds that the spe-
cific rules, regulations and restrictions established herein
are necessary in the event of an emergency which is the
cause of a water supply shortage;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
DIRECTORS OF THE DESERT WATER AGENCY AS FOLLOWS:
SECTION 1: DEFINITIONS.
1.1 "Agency" -- Desert Water Agency.
1. 2 "Board" -- The Board of Directors of the
Desert Water Agency.
1.3 "Emergency Supply Shortage" -- Any water
shortage caused by an earthquake, loss of electrical power ,
pipe line breakage, or any other threatened or existing
water shortage caused by a disaster or facility failure
which results in Agency inability to meet the water demands
of its customers.
1. 4 "General Manager" -- The General Manager of
the Desert Water Agency.
1 . 5 "Waste" -- Any unreasonable or nonbeneficial
use of water, or any unreasonable method of use of water,
including, but not limited to, the specific uses prohibited
and restricted by this Ordinance as hereinafter set forth.
-2- 35
1.6 "Water users" -- Any person, firm, partner-
ship, association, corporation or political entity using
water obtained from the water system of the Desert Water
Agency.
1.7 "Water" -- Water supplied by the Desert Water
Agency.
SECTION 2: NOTICED PUBLIC HEARING PRIOR TO MANDA-
TORY CONSERVATION.
Except when an emergency is caused by the breakage
or failure of a dam, pump, pipe line or conduit, a noticed
public hearing shall be held prior to the adoption of stages
2, 3, or 4 of the Water Supply Plan for Emergency Supply
Shortage as set forth in Sections 3 . 2, 3.3, and 3.4 below.
Notice of the time and place of hearing shall be published
at least seven days prior to the date of hearing in a
newspaper printed, published, and circulated within the area
in which the water supply is distributed, or if there is no
such newspaper , in any newspaper printed, published, and
circulated in the County in which the area is located.
SECTION 3 : WATER SUPPLY PLAN FOR EMERGENCY SUPPLY
SHORTAGE.
3. 1 Stage No. 1. Normal Conditions: Voluntary
Conservation Measures.
Normal conditions shall be in effect when the
Agency is able to meet all the water demands of its custo-
mers in the immediate future. During normal conditions, all
-3- 36
water users should continue to use water wisely, to prevent
the waste or unreasonable use of water, and to reduce water
consumption to that necessary for ordinary domestic and
commercial purposes.
3. 2 Stage No. 2. Water Shortage Alert:
Mandatory Conservation Measures .
In the event of a sudden and unexpected water
supply shortage which could prevent the Agency from meeting
the water demands of its customers, the Board of Directors
shall immediately hold a public hearing at which consumers
of the water supply shall have the opportunity - to protest
and to present their respective needs to the Board. No
public hearing shall be required in the event of a breakage
or failure of a dam, pump, pipe line or conduit causing an
immediate emergency. The Board may then declare a water
shortage emergency condition to prevail, and the following
rules and regulations shall be in effect immediately
following such declaration.
(1) washing driveways, parking lots, or
other hard surfaced area, or building exteriors at any time,
except to alleviate immediate fire hazards is prohibited;
(2) parks, golf courses and school grounds
are to be irrigated during nighttime hours only, between
sunset and sunrise;
(3) lawn watering and landscape irrigation,
including construction meter use, is prohibited between the
hours of 10:00 a.m. to 5: 00 p.m. ;
-4- 37
(4) running water shall not be used for
washing privately owned vehicles. A bucket may be used for
the washing of vehicles and only hoses equipped with shut-
off nozzles may be used for rinsing;
(5) restaurants are requested not to provide
drinking water to patrons except by request;
(6) commercial nurseries shall use water
only during the hours from midnight to 6:00 a.m. Irrigation
of propagation beds and watering of livestock is permitted
as necessary during any hours.
(7) Golf courses using reclaimed water are
exempted from these restrictions .
3 . 3 Stage No. 3. Water Shortage Warning. The
Board of Directors may; following a public hearing as set
forth in Section 2.2, declare that an emergency water supply
shortage exists, and that the Agency is unable to meet all
the water demands of its customers. Immediately thereafter ,
the following water conservation measures shall apply:
( 1) parks and schools shall be watered on
alternate days during the hours between sunset to sunrise;
The schedule of which shall be set following the public
hearing.
( 2) golfcourses which utilize domestic water
from Desert Water Agency ' s domestic system may irrigate
greens only during the hours between sunset to sunrise.
Golf courses utilizing reclaimed water are exempted from
this restriction;
-5- 38
3 other lawn watering and landscape irri-
gation, including construction meter use are restricted as
follows: customers with even numbered street addresses may
water only on even numbered days, customers with odd
numbered street addresses may water only on odd numbered
days, and no watering or irrigation shall be done between
the hours of 10:00 a.m. and 5:00 p.m. on any day;
(4) washing down of driveways, parking lots,
or other paved surfaces is prohibited;
( 5) washing of vehicles is restricted to
commercial car wash establishments which recycle their
water;
(6) filling or adding water to swimming
pools, wading pools, spas, ornamental ponds, fountains and
artificial lakes is prohibited;
( 7) restaurants shall not serve drinking
water to patrons except by request;
( 8) no new construction meter permits shall
be issued by the Agency;
(9) construction metered water shall not be
used for earth work or road construction purposes;
(10) watering of livestock is permitted as
necessary during any hours;
(11) commercial nurseries may use water only
between the hours of 6:00 p.m. and 6:00 a.m. Irrigation of
propagation beds is permitted as necessary during any
-6- 39
hours. Commercial nurseries utilizing reclaimed water are
exempted from this restriction.
3.4 Stage No. 4. Mandatory Compliance. Water
Shortage Emergency.
Following a declaration by the Board of Directors
that an emergency water supply shortage due to a major
failure in a supply or distribution facility exists, the
following water conservation measures shall apply:
(1) watering of parks, school grounds and
golfcourses is prohibited, except for reclaimed water;
(2) lawn watering and landscape irrigation
is prohibited;
(3) washing down of driveways, parking lots,
or other paved surfaces is prohibited;
(4) washing of vehicles is prohibited,
except when done by commercial car wash establishments using
recycled or reclaimed water ;
( 5) filling or adding water to swimming
pools, wading pools, spas, ornamental ponds, fountains and
artificial lakes is prohibited;
(6) restaurants shall not serve drinking
water to patrons except by request;
(7) no new construction meter permits shall
be issued by the Agency;
(8) all existing construction meters shall
be turned off and locked;
-7- 40
(9) commercial nurseries shall discontinue
all watering and irrigation. Those utilizing reclaimed
water are exempted from this restriction. Watering of
livestock is permitted as necessary.
SECTION 4. BOARD DISCRETION TO MODIFY CONSERVA-
TION MEASURES UPON A SHOWING OF NECESSITY THEREFOR.
The specific requirements of each mandatory con-
servation stage shall be effective upon adoption by the
Board following a public hearing, except that the Board may
modify or amend such requirements at the time of adoption
upon a showing of the need for such modification or
amendment .
SECTION 5. IMPLEMENTATION AND TERMINATION OF
MANDATORY COMPLIANCE STAGES.
5.1 The General Manager of the Agency shall
monitor the supply and demand for water on a daily basis to
determine the level of conservation required by the imple-
mentation or termination of the Water Conservation Stages,
and shall notify the Board of the necessity for the imple-
mentation or termination of each stage. Each declaration of
the Board implementing or terminating a water conservation
stage shall be published at least once in a newspaper of
general circulation, and shall remain in effect until the
Board of Directors otherwise declares, as provided herein.
-s- 41
SECTION 6. EXCEPTIONS.
6.1 Application for Exception Permit. The
General Manager of the Agency. may grant permits for uses of
water otherwise prohibited thereby if he/she finds and
determines that special circumstances make compliance not
reasonably possible, or that restrictions herein would
either :
(a) Cause an unnecessary and undue hardship
to the water user or the public; or
(b) Cause an emergency condition affecting
the health, sanitation, fire protection or safety of the
water user or of the public.
Such exceptions may be granted only upon applica-
tion therefor. Upon granting any such exception permit, the
General Manager may impose any conditions he/she determines
to be just and proper .
SECTION 7. CRIMINAL PROCEEDINGS FOR VIOLATION.
7.1 The Board of Directors hereby declares that,
pursuant to Water Code Section 377 , it shall be a mis-
demeanor for any person to use or apply water contrary to or
in violation of any mandatory restriction or requirement
established by this ordinance and, upon conviction thereof,
. that person, firm or corporation shall be punished by
imprisonment in the county jail for not more than thirty
(30) days or a fine of not more than one thousand dollars
($1000) or by both such fine and imprisonment .
-9- 42
SECTION 8. CIVIL PROCEEDINGS FOR VIOLATION.
In addition to criminal penalties, violators of
the mandatory provisions of this Ordinance shall be subject
to civil action initiated by the Agency.
8.1 First Violation. For a first violation, the
Agency shall issue a written notice of violation to the
water user violating the provisions of this Ordinance.
8.2 Second Violation: 25% Surcharge. For a
second violation of this Ordinance within a 12-month period,
a one-month surcharge is hereby imposed in an amount equal
to 25% of the previous month' s water bill for the meter
through which the wasted water was supplied.
8.3 Third Violation: 50% Surcharge; Installation
of Flow Restrictor . For a third violation of this Ordinance
within a 12-month period, a one-month penalty surcharge is
hereby imposed in an amount equal to 50% of the previous
month' s water bill for the meter through which the wasted
water was supplied. In addition to the surcharge, the
Agency may at its discretion install a flow-restricting
device at such meter with a one-eighth inch orifice for
services up to one and one-half inch size, and comparatively
sized restrictors for larger services, on the service of the
customer at the premises at which the violation occurred for
a period of not less than 48 hours. The charge for
installing a flow-restricting device shall be based upon the
size of the meter and the cost of installation but shall not
-10- 43
be less than $25. The charge for removal of the flow-
restricting device and restoration of normal service shall
be $25 if restoration of normal service is performed during
the hours of 8: 00 a.m. to 4:00 p.m. on regular working
days. If the removal of the flow-restricting device and
restoration .of normal service is made after regular working
hours, on holidays or weekends, the restoration service
charge shall be $40.
8. 4 Subsequent Violations; Discontinuance of
Service. For any subsequent violation of this Ordinance
within the 24 calendar months after a first violation as
provided in Section 6.1 hereof, the penalty surcharge
provided in Section 6.3 hereof shall be imposed and the
Agency shall discontinue water service to that customer at
the premises or to the meter where the violation occurred.
The charge for reconnection and restoration of normal
service shall be $25. Such restoration of service shall not
be made until the General Manager of the Agency has deter-
mined that the water user has provided reasonable assurances
that future violations of this Ordinance by such user will
not occur .
8. 5 Notice. For a first violation, written
notice may be given to the customer personally or by regular
mail.
If the penalty assessed is a surcharge for a
second or third violation, notice may be given by regular
mail .
-11-
44
If the penalty assessed is, or includes, the
installation of a flow restrictor or the, discontinuance of
water service to the customer for any period of time what-
ever, notice of the violation shall be given in the
following manner:
(a) By giving written notice thereof to the
customer personally; or
(b) If he/she is absent from his/her place
of residence and from his/her assumed place of business, by
leaving a copy with some person of suitable age and discre-
tion at either place, and sending a copy through the United
States mail addressed to the customer at either his/her
place of business or residence; or
(c) If such place of residence and business
cannot be ascertained, or a person of suitable age or
discretion there cannot be found, then by affixing a copy in
a conspicuous place on the property where the failure to
comply is occurring and also by delivering a copy to a
person there residing, if such person can be found, and also
sending a copy through the United States mail addressed to
the customer at the place where the property is situated.
Said notice shall contain, in addition to the
facts of the violation, a statement of the possible
penalties for each violation and a statement informing the
customer of his right to a hearing on the violation.
-12- 45
SECTION 9. HEARING.
9.1 Any customer against whom a penalty is levied
pursuant to Section-5 and 6 shall have a right to a hearing,
in the first instance by the General Manager , with the right
of appeal to the Board of Directors, on the merits of the
alleged violation upon the written request of that customer
within fifteen (15) days of the date of infraction of the
violation.
SECTION 10. RESERVATION OF RIGHTS. The rights of
the Agency hereunder shall be cumulative to any other right
of the Agency to discontinue service. All monies collected
by the Department pursuant to any of the penalty provisions
of this Chapter shall be deposited in the Operating Fund as
reimbursement for the Agency ' s costs and expenses of
administering and enforcing this Ordinance.
SECTION 11. CONCURRENT AUTHORITY.
11.1 The Desert Water Agency, its manager and
designated employees, have the duty and are authorized to
enforce all provisions of this Ordinance, with the qualifi-
cation that the City of Palm Springs through enforcement of
Sections 14. 24.020-14 .24 .060 of the Palm Springs Municipal
Code, the City of Cathedral City, and the County of River-
side as to unincorporated territory within the Agency, are
recognized to have concurrent authority for, and shall have
the primary responsibility for the control of water flowing
in the streets where such occurs within their respective
jurisdictions.
-13- 46
SECTION 12. NO REPEAL OR AMENDMENT OF ORDINANCE
31. This ordinance shall be in addition to Ordinance 31
(prohibiting the waste of water ) . In the -event of conflict-
ing provisions, this ordinance shall prevail .
SECTION 13. SEVERAHILITY.
13 . 1 If any section, subsection, sentence, clause
or phrase of this Ordinance is for any reason held to be
unconstitutional or invalid, such decisions shall not affect
the validity of the remaining portions of this Ordinance.
SECTION 14. The Clerk of the Desert Water Agency
shall attest to the passage of this Ordinance and shall
cause the same to be published in a newspaper of general
circulation, which is printed, published and circulated in
the district within 10 days after its adoption.
ADOPTED this 18th day of Oct 1988
r
F. it 'ar oy , J
P esident
Attest:
Secretary
-14- 47
ATT0023
&11/2014 This LA cap gets the drop on Hster offenders-LA Times
This L.A. cop gets the drop on water offenders
j
I
Rick Silva,a water cop in L.A's Water Conservation Response Unit,patrols the citys streets in search of wasteful
homes or businesses during the state's extreme drought.(Luis Sinco/Los Angeles Times)
By DASHIELLYOUNG-SAVER
AUGUST 10, 2014, 3!50 PM
ick Silva began his investigation at the end of an alley, on a hot day in L.A.'s Westlake
community. Driving down a busy thoroughfare, he spied water runoff on a sidewalk.
He steered his city-owned Honda Civic into the alley and followed the water to a small plastic pipe
adjacent to a convalescent home.
Silva parked and went inside to see the manager. After introducing himself as "LADWP," Silva said
loudly, "You know there's a drought."
The manager replied that the runoff was from the cleaning of barrels for sanitation purposes. He
added that the facility used water-saving pressure hoses for the job.
Silva smiled. The place checked out. 48
h*./M ..iafinm.cWocainamaHetw-cop-20140811-story.htrrl 113
8/11/2014 This Lk cop gets the drop on water offenders-LA Times
Silva is a water cop in the city's Water Conservation Response Unit. While other kinds of
investigators follow fingerprints or eyewitness accounts, Silva follows the water, patrolling the
streets of Los Angeles in search of wasteful homes or businesses during the state's extreme
drought.
It's a daunting task —just four people, full time, policing an area of about 46o square miles. For
that reason, they mostly respond to calls or emails from people who report their neighbors
watering lawns on the wrong days, spraying down sidewalks or allowing street runoff. The agency
does not reveal the identity of the tipsters.
If Silva sees other violators while driving to check out tips, he stops to talk to them as well.
The phone lines have been busy since July, when the state announced daily fines of up to $500 for
violators. News reports about the fines raised public awareness, and Silva estimates the number of
tips rose fourfold, with about 75% pertaining to violators in single-family homes.
The fines applied to water districts across the state, although not in Los Angeles, which has had
restrictions in place since 2009. Los Angeles decreased its water consumption 2.4'% in the five
months since Gov. Jerry Brown declared the drought last winter, compared with the same period
last year.
In L.A., fines of $10o can be levied for such behavior as using sprinklers more than three days a
week, watering outdoors between 9 a.m. and 4 p.m., hosing down sidewalks and allowing water
runoff into the streets.
The fines can rise to $300 for repeat violators. Businesses pay double those amounts.
For the most part, a warning is all that is needed.
Penny Falcon, who manages water conservation policy for the Department of Water and Power,
said the agency has found that "once people become educated on what requirements there are,
they want to respond and do the right thing." The conservation unit sends out informational
letters and gives personal warnings to water wasters, handing out fines only after repeated
violations.
Since fall 2013, the city has received more than i,ioo reports of water violations. Of those, more
than 85o repeat offenders received warnings. None had to be fined for continued violations.
Rather than ramping up enforcement, the DWP is focusing on educational outreach through
Silva's unit, in which he was the lone full-time employee until three others were added in recent
weeks.
49
hV:/Mww..Iabmes.cm4ocalna-me-xeter-cop-20140811-story.ht i 213
8/11/2014 This LA.cop g ets the drop on Meter offenders-LA Times
Silva said he is ready for stricter rules if the drought worsens. If rain and snowfall levels are low
again this winter, he said, outdoor irrigation could be further restricted or completely outlawed as
early as next summer, leaving almost every lawn in Los Angeles dead. Currently, about 40% of
the city's drinking water is used for landscape irrigation.
"If we don't get rain for another two or three years, then everyone becomes a water cop," Silva
said. "I don't want my neighbor watering his lawn if I won't have enough water to drink and live."
But for now, even as statewide predictions look bleak, the water cop has hope.
"L.A. gets it — not to the very last person — but on the whole we get it," Silva said. "If everyone
contributes, we can go into these regular cycles and everything will be OK."
dash iell.young-saver@latimes.com
Twitter: @DashYoungSaver
Copyright C 2014, Los Angeles Times
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