Every building shall be designed or remodeled to accommodate its use in accordance with applicable building codes and other laws. (Ord. 427)-AC)

Metal building materials, including shipping containers modified for habitation are permitted via a zoning permit when compliant with the architecture requirements.

The minimum gross floor area of each dwelling unit shall be as shown in the following table entitled Minimum Dwelling Unit Floor Area. Up to fifteen (15) percent of minimum required gross floor area may be in private balconies, porches and patios. Attic and basement space where the headroom is less than six and one-half (6 1/2) feet, and garages and accessory buildings, shall not be included as part of the required dwelling unit floor area.

1. Section 99.03 “Table of minimum dwelling unit floor area”
   
   

   Zone	Minimum Gross Floor Area (square feet per dwelling unit)
   	0 Bedroom Unit	1 Bedroom Unit	2 Bedroom Unit	3 Bedroom Unit
   R-1 and CRR zones	900	1,000	1,100	1,200
   R-2 zone	220*	600	950	1,050
   R-3 and C-2 zones	220*	600	800	950
   C-2 zone, Downtown Core/ elderly housing in any zone	220*	600*	800	900
   * efficiency units. Note: 0-bedroom units/efficiency units may be occupied by a maximum of 2 persons. Note: Each additional bedroom beyond 3 requires an additional 100 square foot minimum to the gross floor area.

(Ord. No. 427-AC), 659-AC

For required residential garages and carports, the minimum floor area and vehicular openings shall be as shown in the following table:

(Ord. No. 427-AC)

1. The maximum height of any building or structure shall be as shown in the following tables:
   
   

   Height Limits – Residential zones
   	Maximum Height
   Zones	Type of Building	Maximum Height
   R1	Main building	2 stories or 35 feet, whichever is less
   R2, R3	Main building	3 stories or 45 feet, whichever is less
   Commercial/Industrial/Mixed Use Zones	Main building	45 feet

2. Antennae. Notwithstanding the restrictions of subsection (a) of this section, radio, television, telecommunications tower, microwave antennae and similar equipment shall be subject to the following regulations:
   1. Ground-mounted antennae are permitted to a height of fifty (50) feet, unless permitted higher by a conditional use permit.
   2. Roof-mounted antenna and telecommunications facilities, which may include dishes to a maximum of twenty-four (24) inches in diameter, may be used but may not be more than twenty-five (25) feet higher than the highest point of the building to which they are attached, excluding chimneys and like projects, unless permitted higher by the issuance of a conditional use permit.
   3. Any antennae that is primary to the use shall be subject to the height limit established under a conditional use permit. (Ord. 427-AC, 659-AC)
      
3. Rooftop Equipment. All rooftop equipment shall be screened form public view by screening materials of the same nature as the building's basic materials. Mechanical equipment should be located below the highest vertical element of the building.
   All rooftop mechanical equipment shall be located at a distance from the edge of the building so as not to be visible from the pedestrian level, from adjacent properties, and from adjacent roadways. If such units must be placed in a visible location for functional reasons, they shall be screened in a manner consistent with the building facade.
   Landscaping and screening of areas needed for services, such as deliveries, trash collection is required. Other appurtenances such as ground mechanical units, utility boxes, back-flow devices, and similar equipment shall either be screened or blended with surrounding area.

R-2 and R-3 zones, at least thirty (30) percent of the net area of each developed lot shall be open which is landscaped or arranged for outdoor recreation or pedestrian use. (Ord. 427-AC)

For all multi-family residential uses, the open area provided shall include common usable open area of at least two hundred (200) square feet per dwelling unit for the first twenty (20) dwelling units, plus one hundred fifty (150) square feet per dwelling unit for the next twenty (20) dwelling units, plus one hundred (100) square feet per dwelling unit for each additional dwelling unit. The minimum dimensions of such common usable open area shall be ten (10) feet in each direction and the least horizontal dimension shall be at least one-third (1/3) of the greatest horizontal dimension. (Ord. No. 427-AC, (part).) For stand-alone multi-family residential uses built in the Downtown Core, the amount of common open space required shall be reduced by 50 percent. For multi-family residential uses built as part of a mixed-use residential development in the Downtown Core, the amount of common open space required shall be reduced by 75 percent. (Ord. 427-AC, 659-AC)

Private open areas may be included in the required open area but not in the required common usable open area. A private open area, when provided, shall have dimensions not less than ten (10) feet in any horizontal direction if at ground level, or be at least five (5) feet by eight (8) feet in horizontal dimension if located on a balcony or deck above ground level. (Ord. 427-AC)

This section is applicable only where a portion of a lot is within an area planned as part of a future street, alley or other public right-of-way as determined from an officially adopted plan, and the acquisition of such portion would not reduce the buildable lot width to less than forty (40) feet.

In cases to which this section applies, the portions of any lot within any such future right-of-way area shall not be occupied by structures other than those encroachments allowed in future rights-of-way as provided elsewhere in code. All other required setbacks, yards and open areas shall be provided in addition to the future right-of-way areas, and the future right-of-way lines shall be considered to be lot lines for purposes of measuring such other setbacks, yards and open areas. (Ord. 427-AC)

Each lot shall have front, side and rear yard setbacks not less than the amounts shown in the following tables for primary and accessory buildings:

YARDS REQUIRED-RESIDENTIAL USES
PRIMARY BUILDING

YARDS REQUIRED-RESIDENTIAL USES
ACCESSORY BUILDING

PRIMARY AND ACCESSORY BUILDING

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. IF the use if approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics or compatibility.

“Table of yards required – nonresidential zones”

(Ord. No. 659-AC)

PRIMARY AND ACCESSORY BUILDING

CRR

If there is an established “high water” mark delineated through a state or federal jurisdictional agency, then that “high water mark” controls for purposes of measuring the beginning point for the front yard or rear yard setback measurement. If no delineation has been made the setbacks shall be measured beginning from the top of the natural bank. R-1 uses are permitted in the CRR Zone and the R-1 setbacks apply. All other uses in the CRR Zone require a Conditional Use Permit. If the use is approved (whether residential, commercial or mixed use), the Conditional Use Permit will specify the setbacks in accordance with the use being approved. These tables shall be used as a guideline in the CRR zone when determining setbacks for commercial, high density residential uses or mixed uses, but stricter standards may be applied for reasons of health, safety, welfare, aesthetics, or compatibility.

1. Permitted in all zones, provided setbacks are met.
2. Units to be painted in a color that blends with the existing structures and surrounding area.
3. Containers may not be placed in a required parking area. Stacking of containers is not permitted.
4. Containers may not be placed between the primary structure and the immediately adjacent road or access easement (front of property).
5. Under no circumstances shall a shipping container be used for human or animal habitation unless modified as such according to the California Building Standards Code and approved with the entitlement and when compliant with the architecture requirements.
6. Units must be located or screened so as not to be in public view, unless modified to be used as habitable space.

Where no side or rear yard is required or where a zero (0) side yard is permitted, any building or structure shall be located either at the property line or at least three (3) feet from the property line. (Ord. 427-AC)

In the residential zones, where the lots on both sides of a property line are being developed anew (with all existing buildings on both lots being removed), a zero (0) side yard, in lieu of the side yard otherwise required, may be required on one (1) or both sides of said property line, provided:

1. Any building wall along the property line shall be of a sound-absorbing type in accordance with adopted standards.
2. An agreement of covenant between the property owners involved and running with the land, in a form acceptable to the city planner, shall be recorded, setting forth acceptance of the physical arrangement, and providing that failure to maintain such wall to the prescribed standard shall obligate each party to conform to the otherwise applicable yard regulations. (Ord. 427-AC)

The minimum distance between buildings located on the same lot shall be as shown in the following table:

MINIMUM SPACE BETWEEN BUILDINGS

In the CRR, R-2 and R-3 zones, where the arrangement of a building or buildings on the same lot creates a court (an open space surrounded on all sides by buildings, but not necessarily completely enclosed), such court shall contain a rectangular open area at least twenty (20) feet by twenty (20) feet in horizontal dimensions. (Ord. No. 427-AC, (part).) This standard shall also apply to multifamily and mixed-use residential development in the C-2 zone. (Ord. 427-AC, 659-AC)

On each lot occupied by one or more dwellings, there shall be a clear passageway area at least seven (7) feet wide extending from a street property line to at least one (1) entrance to each dwelling unit or to an entrance to the dwelling structure where unit entrances are from interior hallways. (Ord. 427-AC)

The primary exterior entrance to each multifamily dwelling unit, or to the dwelling structure where unit entries are from interior hallways, whether such exterior entry is from a balcony, stairway, landing or at ground level, shall have an open area of at least twenty-four (24) square feet abutting the exterior of the entrance. The minimum dimension of such area measured perpendicular to the entrance shall be six (6) feet. (Ord. 427-AC)

1. All refuse shall be stored within trash containers which meet city standards. Except when temporarily placed for pickup, all such containers shall be located or screened so as not to be in public view.
2. For multifamily residential uses of four (4) or more dwelling units, for mobile home parks, for group quarters, and for all nonresidential uses, all trash containers shall be located within trash enclosures which meet city standards. Enclosures shall be located and arranged for ease of pickup and to not interfere with other activities.
3. For multifamily residential uses of four (4) or more dwelling units and for mobile home parks, the minimum trash storage capacity provided shall be an amount determined on the basis of refuse production rate of one-half (1/2) cubic yard per dwelling unit per week and the frequency of pickup service available. (Ord. 427-AC)

1. Outdoor storage shall not be located in any required parking area, loading area or access way; in any front yard, in any area required to be landscaped, or in any area where a six (6) foot high fence is not permitted.
2. Except as further provided in this section, all outdoor storage shall be screened from public view and, if located within three hundred thirty (330) feet of a freeway or major highway, shall also be screened from view from such freeway or highway. Required screening shall be accomplished by one (1) or more of the following methods:
   1. By buildings or structures located on the same lot as the outdoor storage;
   2. By buildings or structures located on abutting property, where such buildings or structures immediately abut the property line;
   3. By fences at least six (6) feet high. Where access drives or walks enter such fenced outdoor storage areas, they shall have gates with substantially the same height, appearance and screening effectiveness as the required fencing.
3. Stored materials or other items shall not be stacked higher than sight-screening provided.
4. The following exceptions from the sight-screening requirements of subsections (b) and (c) of this section are permitted:
   1. Plant nursery stock, when neatly arranged, need not be screened. All stored items other than living plants shall be screened.
   2. New or used vehicles (not in a damaged condition and not scrap or junk) being held in storage for eventual sale by a vehicle sales agency, shall be screened from public view but need not be screened from a freeway or highway located within three hundred (300) feet. (Ord. 427-AC)

To ensure public safety, construction, installation and maintenance of all private swimming pools, spas and other bodies of water with a depth in excess of 18 inches at any given point shall be subject to the following provisions.

1. Definitions.
   1. "Approved safety pool cover" means a manually or power-operated safety pool cover that meets all of the performance standards of the American Society for Testing and Materials (ASTM), in compliance with standard F1346-91.
   2. "Enclosure" means a fence, wall, or other barrier that isolates a swimming pool from access to the home.
   3. "Exit alarms" means devices that make audible, continuous alarm sounds when any door or window, that permits access from the residence to the pool area that is without any intervening enclosure, is opened or is left ajar. Exit alarms may be battery operated or may be connected to the electrical wiring of the building.
   4. "Public swimming pool" means a swimming pool operated for the use of the general public with or without charge, or for the use of the members and guests of a private club. Public swimming pool does not include a swimming pool located on the grounds of a private single-family home or multifamily residence.
      
   5. "Swimming pool" or "pool" means any structure intended for swimming or recreational bathing that contains water over 18 inches deep. "Swimming pool" includes in-ground and above-ground structures and includes, but is not limited to, hot tubs, spas, portable spas, and nonportable wading pools.
      
2. Drowning Prevention Safety Features Required.
   1. Whenever a building permit is issued for construction of a new swimming pool or spa, or any building permit is issued for remodeling of an existing pool or spa, at a private, single-family home or multifamily residence, the pool shall be isolated by an enclosure, or the pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 Standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key lockable device, or the pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F1346.
3. Design Standards.
   1. Pools must be set back a minimum of five (5) feet from all property lines, structures, fencing, and walls.
   2. Pools, spas, and other bodies of water are reviewed and approved by the City’s Building Department. All pools, spas, and other bodies of water shall be compliant with the California Building Code.

Fences are required under various provisions of this part and other laws, including, but not limited to, the screening and protection of parking areas, storage areas, swimming and therapeutic pools, and utility facilities. Such required fences together with the facilities and activities required to be enclosed shall be located so as not to conflict with open space and yard setback requirements. In the case of utility facilities subject to fencing requirements pursuant to state law which unavoidably conflict with the requirements of this part, the state requirements shall prevail. Approved fence material shall consist of chain link, wood, decorative rock, wrought iron, masonry wall in residential zones. Fences or devices utilizing galvanized, corrugated or interlocking metal sheets shall require a Special Use Permit. (Ord. No. 556-AC.)

1. The maximum height of fences between two or more residential uses in residential zones shall be seven (7) feet, and the maximum height of any fence shall be fifteen (15) feet except where a greater height is required for sight-screening or noise reduction. The maximum height of a fence within the front setback shall be four (4) feet. In all setback areas, fences more than (4) feet in height shall be permitted only when approved under the site plan review procedure and subject to the terms of such approval. Other walls and fence regulations include:
   1. Walls and fences within the front setback shall not exceed 4 feet in height.
   2. Walls and fences height shall be measured from the highest grade.
   Prohibited fence materials in the residential and mixed-use zones include: sharp-edge, barbed wire, razor wire, and electrically charged fences.
2. In all nonresidential zones, fences more than six (6) feet in height shall be permitted only when approved under the site plan review procedure and subject to the terms of such approval. (Ord. 427-AC)

In any multifamily zone (including the CRR zone), in connection with any development other than a residential use of not more than three (3) dwelling units, an ornamental fence shall be provided along any property line of the subject property which abuts a single-family residential zone. Within the front yard area, such fence shall conform to the limitations and requirements for fences in front yards. Elsewhere, such fence shall be a solid fence not less than six (6) feet high and not more than seven (7) feet high. (Ord. 427-AC.)

1. In any commercial or industrial zone, any open use (a use not including a main building) shall be fenced and landscaped along any street frontage in the same manner as required for parking areas.
2. In any commercial or industrial zone, in connection with any development, an ornamental solid masonry fence shall be provided along any property line of the subject property which abuts any residential zone. Within the front yard such fence shall have the maximum height allowed for fences in the front yard in the abutting residential zone. Elsewhere, such fence shall be not less than six (6) feet high and not more than seven (7) feet high. (Ord. 427-AC.)

Where a fence is required along a property line and an existing fence is located on the opposite side of the property line, the city planner may suspend the requirement for the fence on the subject property to the extent he finds the adjacent existing fence substantially serves the purposes of the fence requirement. Such suspension shall be subject to a recorded agreement running with the land, satisfactory to the city planner, executed by the owner of the subject property, guaranteeing the construction of the required fence at such time as the fence on the adjacent property is removed or no longer found acceptable by the city planner. (Ord. 427-AC)

In connection with the new construction or relocation of a main building, or a change of use to a nonresidential use, all utility lines within the site boundaries shall be placed underground. Necessary surface-mounted utility equipment is permitted provided it is screened from public view in the same manner as required for mechanical equipment as provided in section 99.09.02. (Ord. 427-AC.)

1. All exterior equipment, whether freestanding or attached to a building, including pipes, conduit and ductwork, shall be effectively screened from public view or architecturally integrated into a building structure, with the following exceptions:
   1. Ordinary vents on single-family dwellings;
   2. Window-mounted air conditioning units;
   3. Roof-mounted air conditioning units on single-family units;
   4. Solar panel surfaces (but not supports, piping, etc.);
   5. Outdoor lighting standards and fixtures. (Ord. 427-AC)

1. Commercial antennae location (including guide wires, supports and antennae elements -- permitted anywhere on lot except in front or side yard area abutting a street and in required side yard setback and rear yard easements.
2. Antennae shall not be supported by wooden towers.
3. Satellite dishes, over four (4) feet in diameter, shall be effectively screened from public view or architecturally integrated into a building structure. (Ord. 427-AC)

1. Permitted Uses.
   1. Renewable Energy Projects (REP) shall be allowed in accordance with the City Code Section 96.01 “Permissible Use Table”, unless otherwise exempted by state or federal law.
   2. Other hybrid or emerging renewable energy technologies, which in the opinion of the review authority are of a similar and compatible nature to those uses described in this section.
2. Definitions.
   1. “Electronic submittal” means the utilization of one or more of the following:
      1. E-mail,
      2. The internet,
      3. Facsimile
   2. “Small Residential rooftop solar energy system” means the following:
      1. A solar energy system that is no larger than 10 kilowatts alternating current nameplate rating or 30 kilowatts thermal.
      2. A solar energy system that conforms to all applicable state fire, structural, electrical, and other building codes as adopted or amended by the City and paragraph (iii) of subdivision (c) of section 714 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
      3. A solar energy system that is installed on a single or duplex family dwelling.
      4. A solar panel or module array that does not exceed the maximum legal building height as defined by the authority having jurisdiction.
   3. “Applicant” is the Landowner, developer, facility owner, and/or operator with legal control of the project, including heirs, successors and assigns, who have filed an application for development of a Solar Energy Facility under this Ordinance.
   4. “Parcel” means all land within a legally established parcel.
   5. “Practicable” means it is available and capable of being done after taking into consideration cost, existing technology, and logistics in light of overall project purposes.
   6. “Landowner” means the persons or entities possessing legal title to the Parcel(s) upon which a REP is located.
   7. “Protected Lands” means, for the purpose of this chapter only, lands containing resources that are protected or regulated by established regulatory standards of local, state, and federal agencies, conservation easements or other contractual instruments in such a way that prohibits or limits development of those lands.
   8. “Review Authority” means applicable-city land use decision-making body as determined by local ordinance and appeal procedures.
   9. “Solar Energy Project (SEP)” means a Solar Electric System that satisfies the parameters identified in the Ordinance.
   10. “Solar Electric System (SES)” means the components and subsystems that, in combination, convert solar energy into electric or thermal energy suitable for use, and may include other appurtenant structures and facilities. The term includes, but is not limited to, photovoltaic power systems, solar thermal systems, and solar hot water systems.
   11. “Uses Allowed” means one of the following:
       1. A REP designed primarily for serving on-site needs or use that is related to the Primary Use of the property.
       2. A REP designed and installed to provide on-site energy demand for any legally established use of the property.
       3. A REP that uses over 50% of the Parcel(s) and is devoted to solar electric power generation primarily for use off-site.
       4. A REP that provides up to 125% of on-site electricity (or hot water) demand and generally less than 50% of the building site area, or 15-25% of the Parcel land area.
       5. A REP that is not the Primary Use of the property and uses less than 50% of the Parcel(s).
       6. Other hybrid or emerging renewable energy technologies, which in the opinion of the review authority are of a similar and compatible nature to those uses described in this section.
3. Permit Requirements.
   1. Small Residential Rooftop Energy System.
      1. Application package includes:
         1. Exhibit “A” – Checklist for Expedited Solar Residential Rooftop Project
         2. Exhibit “B-1” – Standard Plan-Simplified Central/String Inverter System
         3. Exhibit “B-2” – Standard Plan-Simplified Micro inverter and ACM System
         4. Exhibit “C” – Structural Criteria for Rooftop Solar Structural Requirements
         5. Exhibit “D” – building permit application with interconnection agreement application (Photovoltaic guidelines/Needles Rebate Program)
      2. Application Submittal for Permit. Will be accepted by the City via email, internet, or facsimile.
      3. Review Process and Permit Issuance.
         1. Building Official to review and confirm application is complete and administratively approve the application and issue all required permits or authorizations. Incomplete applications will be returned with written notification from building official identifying application deficiencies.
            
            Such approval does not authorize an applicant to connect the small residential rooftop energy system to the local utility provider’s electricity grid. The applicant is responsible for obtaining such approval or permission from the local utility provider.
      4. Inspection. Only one inspection shall be required, which shall be done in a timely manner. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized; however the subsequent inspection need not conform to the requirements of this subsection.
   2. All other REP Projects.
      1. Permits Required. The type of land use permit required for REFs are shown in the Permissible Use Table under Section 24.00.
      2. Application Package includes:
         1. Conditional Use Permit Application
         2. CEQA Checklist
         3. Interconnection Agreement Application
      3.  Permits.
         1. Nothing in this chapter modifies the minimum building standards required to construct a REP, consistent with applicable building and fire codes. The REP components and all accessory equipment shall comply with the most recently adopted Building Code as determined by the Building Official and Fire Code as determined by the Fire Official.
         2. The Permits shall include review by local permitting departments including, but not limited to, the local Fire Authority, for Health and Safety Requirements.
      4. General Requirements.
         1. Setbacks. The following setbacks from the Parcel line to the closest part of the REP shall be established as shown in the Table below. Fencing, roads and landscaping may occur within the setback.
            
            

            Parcel Line Setback Table
            Zoning District	Front	Rear	Side
            Commercial	30'	30'	30'
            Industrial	30'	30'	30'
            Residential*	Per Zoning for that District
            * Complies with required front yard setbacks, or otherwise does not impair sight distance for safe access to or from the property or other properties in the vicinity as determined by ministerial zoning clearance.

         2. Grading, Access and Parking.
            1. Renewable energy projects shall be sited to maintain natural grades and use existing roads for access to the extent practical. Construction of new roads shall be avoided as much as possible. Natural grades shall be restored and re-vegetated for temporary access roads, construction staging areas, of field office sites used during construction. The operator shall maintain an all-weather access road for maintenance and emergency vehicles.
         3. Soil Stabilization, Erosion Control and Ground Water Management.
            1. To the extent feasible and compatible with the climate and pre-project landscaping of the property the site shall be restored with native vegetation. The re-vegetation plans shall be reviewed and approved by the City. All areas occupied by the facility that are not utilized for access to operate and maintain the installation shall be covered with gravel or other soil stabilization or other methods approved by the City. Use of chemical soil stabilization will require ongoing maintenance as required by the City.
            2. The renewable energy facility must have a storm water management plan/permit showing existing and proposed grading and drainage demonstrating no net increase in runoff.
            3. Erosion and Sediment Control Plan, if applicable, approved prior to beginning grading or construction. The plan must include best management practices for erosion control during and after construction, and permanent drainage and erosion control measures to prevent damage to local roads or adjacent areas, and to minimize sediment and storm water run-off waterways, agricultural lands and habitat areas.
            4. Prior to issuing a final Building Permit, an as-built grading and drainage plan, prepared by a licensed professional surveyor or other approved qualified professional shall be submitted to the reviewing agency’s engineer for review and approval. The plan shall show that the as-built conditions are substantially the same as those shown on the approved grading and drainage plan.
            5. A maintenance plan shall be submitted for the continuing maintenance of the REP, which may include, but not limited to, planned maintenance of soil stabilization, equipment maintenance, and plans for cleaning of solar panels if required.
         4. Aesthetics. The operator of the renewable energy facility shall maintain the facility including all required landscaping in compliance with the approved design plans, and shall keep the facility free from weeds, dust, trash and debris.
         5. Air Quality. During site preparation, grading and construction, the renewable energy facility operator must implement best management practices to minimize dust and wind erosion, including regularly watering roads and construction staging areas as necessary, and minimizing vehicle idling and number of vehicle trips. Paved roads shall be swept as needed to remove any soil that has been carried onto them form the facility site.
         6. Air Safety. Renewable energy facilities shall be sited and operated to avoid hazards to air navigation. The renewable energy facility shall comply with any conditions imposed by Federal, State, County, and City agencies.
         7. Biological Resources. The protection of high value biological resources is an important consideration. REP projects shall not be located on lands which support listed, candidate or other fully protected species, species of special concern, or species protected under the Native Plant Protection Act; Environmentally Sensitive Habitat Areas without CEQA. Applicant shall be responsible for all costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the preparation of all documentation, studies, etc., as well as the costs associated with the City’s use of a third-party reviewer to ensure application completeness. Applicants are encouraged to coordinate with permitting agencies such as Dept. of Fish and Game and U.S. Fish and Wildlife Service during design stages.
         8. Cultural Resources. Renewable energy facilities shall be sited to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes. Facilities requiring a use permit that result in ground disturbance shall require a cultural resources records search and, if necessary, a cultural resources field survey at the time of facility application. Consultation with Native American tribes shall be conducted as part of the environmental review process.
            
            Grading plans for all renewable energy facilities shall include notes that require the contractor to halt work within the vicinity of any archeological, historical or cultural resources or artifacts that may be discovered during construction or operation.Tthe operator shall notify the local agency and qualified professional shall be retained at the applicant’s expense to evaluate the find and determine any measures to mitigate impacts including avoidance, removal, preservation or recordation in accordance with California law. The operator shall implement any feasible mitigation measures as determined by the local agency. If human remains are discovered, the County Coroner must also be notified and consultation with the Native American Heritage Commission may be required to determine the most likely descendants.
         9. Fire Protection. The renewable energy facility shall be subject to Fire Safety Standards. The operator must implement a Fire Prevention Plan for construction and ongoing operations approved by the County Fire Marshall and local fire protection district. The plan shall include, but not limited to: emergency vehicle access and turnaround at the facility site(s), addressing, vegetation management and fire break maintenance around structures.
         10. Proximity to Transmission Lines and Utility Notification. Upgrades to distribution or transmission facilities shall be identified and addressed as part of the CEQA review process. No building permit for a renewable energy facility shall be issued until evidence has been provided that the proposed interconnection is acceptable to the affected utility.
             
             If new distribution, transmission, or substation facilities are required and the utility is an investor-owned utility, California Public Utilities Commission (CPUC) may need to approve a Permit to construct or a Certificate or Public Convenience and Necessity. Coordination with the CPUC is essential prior to renewable energy facility approval.
         11. Security and Fencing. The site area for a renewable energy facility must be fenced or other appropriate measures to prevent unauthorized access and provide adequate signage. Wildlife friendly fencing shall be used where required. If needed, security lighting shall be operated by motion sensors. Access gates and equipment cabinets must always be locked at all times.
         12. Signs. Temporary signs describing the facility and providing contact information for the contractor and operator shall be placed during construction and must be removed prior to final inspection and operation. Signs for public or employee safety are required. No more than two signs relating the address and name of the operator/facility may be placed on-site, subject to design review. Outdoor displays, billboards or advertising signs of any kind either on-or off-site are prohibited.
         13. Off-Site Facilities. When the REP is located on more than one Parcel, there shall be proper easement agreements or other approved methods for the notification of all impacted parties.
         14. Septic System Avoidance. The REP shall not be located over a septic system, leach field area or identified reserve area unless approved by the Department of Environmental Health;
         15. Floodplain Avoidance. If located in a floodplain as designated by FEMA, or an area of known localized flooding, all panels, electrical wiring, automatic transfer switches, inverters, etc. shall be located above the base flood elevation; and shall not otherwise create a fire or other safety hazard as determined by the Building Official.
         16. Visibility.
             1. If lighting is required, it shall be activated by motion sensors, fully shielded and downcast type where the light does not spill onto the adjacent Parcel or the night sky;
             2. No display of advertising, except for reasonable identification of the panel, inverter or other equipment manufacturer, and the facility owner;
         17. Decommissioning and Restoration.
             1. A Decommissioning Plan shall be required and shall include the following:
                
                An estimate prepared by a registered engineer describing the activities required to decommission the site and return it to its natural condition that existed before the installation along with an estimate to conduct the decommissioning activities.
                
                The Owner/Applicant shall provide sufficient financial assurance to decommission the site. Allowable finance and assurances include cash, deposit, Letter of Credit or Performance Bond from an institution satisfactory to the City Manager.
                1. Removal of all aboveground and underground equipment, structures, fencing and foundations to a depth of three feet below grade. Underground equipment, structures and foundations located at least three feet below grade that do not constitute a hazard or interfere with the use of the land do not need to be removed.
                2. If applicable, removal of substations, overhead poles, above ground electricity transmission lines located on-site or within the public right of way if determined not to be usable to any other public or private utility.
                3. Removal of graveled areas and access roads.
                4. Regarding and placement of like-kind topsoil after removal of all structures and equipment.
                5. An Erosion Control Plan
                6. Revegetation of disturbed areas with native seed mixes and plant species suitable to the area.
                7. The timeframe for completion of removal and decommissioning activities.
                8. An engineer’s cost estimate for all aspects of the decommissioning plan, including use of prevailing wage rates, and credit for the salvage value of the panels and system materials.
                9. A statement signed by the owner or operator that they take full responsibility for reclaiming the site in accordance with the Decommissioning Plan and Use Permit approval upon cessation of use. See above. We want a financial assurance instrument.
                   
                The renewable energy facility operator is required to notify the City immediately upon termination or cessation of use or abandonment of the operation. The operator shall remove components of the facility when it becomes functionally obsolete or is no longer in use. The operator shall begin decommissioning and removal of all equipment, structures, footings/foundations, signs, fencing, and access roads within 90 days from the date the facility ceases operation and shall return the site to an appropriate end-use within the timeframe specified in the Decommissioning Plan.
         18. Financial Assurance. At the time of issuance of the permit for the construction of the facility, the operator shall provide financial assurance in a form and amount acceptable to the local agency to secure the expense of decommissioning and removing all equipment, structures, fencing, and reclaiming the site and associated access or distribution lines in compliance with the approved reclamation plan.
         19. Workforce Development. The operator shall be encouraged to participate in the regional occupational training program, or a similar program approved by the city, providing job training in renewable energy, and restoration and land stewardship, by providing an annual contribution to fund the program and providing access to the facility by teachers and students, for the term of the lease or facility use.
             
             Submittal of a Local Hiring Plan is required prior to applying for a building permit for new construction valued at above $TBD. The Plan shall set voluntary targets for local hiring, along with a protocol for sequencing local job recruitment activities prior to advertising outside the-City as determined by the City. The Plan shall also include annual monitoring and reporting requirements during construction.
         20. Abandonment. A REP that ceases to produce electricity on a continuous basis for twenty-four (24) months shall be considered abandoned unless the Applicant or Landowner demonstrates by substantial evidence satisfactory to the City that there is no intent to abandon the facility. Applicants and/or Landowners are required to remove all equipment and facilities and restore the site to original condition upon abandonment.
             1. Facilities deemed by the City to be unsafe, and facilities erected in violation of this section shall also be subject to this Section. The code enforcement officer or any other employee of the City shall have the right to request documentation and/or affidavits from the Applicant regarding the system’s usage and shall make a determination as to the date of abandonment or the date on which other violation(s) occurred.
             2. Upon a determination of abandonment or other violation(s), the City shall send a notice hereof to the Applicant and/or Landowner, indicating that the responsible party shall remove the REP and all associated facilities, and remediate the site to its approximate original condition within ninety (90) days of notice by the City, unless the City determines that the facilities must be removed in a shorter period to protect public safety. Alternatively, if the violation(s) can be addressed by means short of removing the REP and restoration of the site, the City may advise the Applicant and/or Landowner of such alternative means of resolving the violation(s).
             3. If the Applicant and/or Landowner do not comply, the City may remove the REP and restore the site and may thereafter (a) draw funds from any bond, security or financial assurance that may have been provided or (b) initiate judicial proceedings or take other steps authorized by law against the responsible parties to recover only those costs associated with the removal of structures deemed a public hazard.
      5. Misc.
         
         Public Benefit Program. A streamlined permitting process utilizing a Special Use Permit in lieu of a Conditional Use Permit shall be used for any REF utility-scale sized project participating in the Public Benefit Program.
      6. Required Findings for Approval of a Commercial Solar Energy Facility.
         1. In order to approve a commercial solar energy generation facility, the Planning Commission shall determine that the location of the proposed commercial solar energy facility is appropriate in relation to the desirability and future development of communities, neighborhoods, and rural residential uses, and will not lead to loss of the scenic desert qualities that are key to maintaining a vibrant desert tourist economy by making each of the findings of fact in subdivision (c).
         2. In making these findings of fact, the Planning Commission shall consider:
            1. The characteristics of the commercial solar energy facility development site and its physical and environmental setting, as well as the physical layout and design of the proposed development in relation to nearby communities, neighborhoods, and rural residential uses; and
            2. The location of other commercial solar energy generation facilities that have been constructed, approved, or applied for in the vicinity, whether within a city or unincorporated territory, or on state or federal land.
         3. The finding of fact shall include the following:
            1. The proposed commercial solar energy generation facility is either
               1. Sufficiently separated from existing communities and existing/developing rural residential areas so as to avoid adverse effects, or
               2. Of a sufficiently small size, provided with adequate setbacks, designed to be lower profile than otherwise permitted, and sufficiently screened from public view so as to not adversely affect the desirability and future development of communities, neighborhoods, and rural residential use.
            2. Proposed fencing, walls, landscaping, and other perimeter features of the proposed commercial solar energy generation facility will minimize the visual impact of the project so as to blend with and be subordinate to the environment and character of the area where the facility is to be located.
            3. The siting and design of the proposed commercial solar energy generation facility will be either:
               1. Unobtrusive and not detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways, or
               2. Located in such proximity to already disturbed lands, such as electrical substations, surface mining operations, landfills, wastewater treatment facilities, etc., that it will not further detract from the natural features, open space and visual qualities of the area as viewed from communities, rural residential uses, and major roadways and highways. To assist in this determination, photo simulations of the proposed commercial solar energy generation facility as viewed from sensitive receptors (i.e. residences, trails, parks) and public roadways in the area may be required as part of the project’s application package.
            4. The siting and design of project site access and maintenance roads have been incorporated in the visual analysis for the project and shall minimize visibility from public view points while providing needed access to the development site.
            5. The proposed commercial solar energy generation facility will not adversely affect the feasibility of financing infrastructure development in areas planned for infrastructure development or will be located within an area not planned for future infrastructure development (e.g., areas outside of water agency jurisdiction).
            6. The proposed commercial solar energy generation facility will not adversely affect to a significant degree the availability of groundwater supplies.
            7. The proposed commercial solar energy generation facility will minimize site grading, excavating, and filling activities by being located on land where the existing grade does not exceed an average of five (5) percent across the developed portion of the project site, and by utilizing construction methods that minimize ground disturbance.
            8. The proposed commercial solar energy generation facility will be located in proximity to existing electrical infrastructure, such as transmission lines, utility corridors, and roads, so that:
               1. Minimal ground disturbance and above ground infrastructure will be required to connect to the existing transmission grid, considering the location of the project site and the location and capacity of the transmission grid,
               2. New electrical generation tie lines will be co-located on existing power poles whenever possible, and
               3. Existing rights-of-way and designated utility corridors will be utilized to the extent practicable.
            9. The proposed commercial solar energy generation facility will be sited so as to avoid or minimize impacts to the habitat of special status species, including threatened, endangered, or rare species, Critical Habitat Areas as designated by the U.S. Fish and Wildlife Service, important habitat/wildlife linkages or areas of connectivity designated by County, state or federal agencies, and areas of Habitat Conservation Plans or Natural Community Conservation Plans that discourage or preclude development.
            10. Adequate provision has been made to maintain and promote native vegetation and avoid the proliferation of invasive weeds during and following construction.
            11. The proposed commercial solar energy generation facility will be located so as to avoid or mitigate impacts to significant cultural and historic resources, as well as sacred landscapes.
            12. The proposed commercial solar energy generation facility will be designed in a manner that does not impede flood flows, avoids substantial modification of natural water courses, and will not result in erosion or substantially affect area water quality.
            13. The proposed commercial solar energy generation facility will not be located within a floodway designated by the Federal Emergency Management Agency (FEMA), has been evaluated for flood hazard impacts, and will not result in increased flood hazards to upstream or downstream properties.
            14. All on-site solar panels, switches, inverters, transformers, and substations shall be located at least one foot above the base flood elevation as shown on the Flood Insurance Rate Maps.
            15. For development sites proposed on or adjacent to undeveloped alluvial fans, the commercial solar energy generation facility has been designed to avoid potential channel migration zones as demonstrated by a geomorphic assessment of the risk of existing channels migrating into the proposed development footprint, resulting in erosion impacts.
            16. For proposed facilities located on prime agricultural soils or land designated by the California Farmland Mapping and Monitoring Program as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, where use of the land for agricultural purposes is feasible, the proposed commercial solar energy generation facility will not substantially affect the agricultural viability of surrounding lands.
            17. If the proposed site is subject to a Williamson Act contract, the proposed commercial solar energy generation facility is consistent with the principals of compatibility set forth in California Government Code Section 51238.1.
            18. The proposed commercial solar energy generation facility will not preclude access to significant mineral resources.
            19. The proposed commercial solar energy generation facility will avoid modification of scenic natural formations.
            20. The proposed commercial solar energy generation facility will be designed, constructed, and operated so as to minimize dust generation, including provision of sufficient watering of excavated or graded soil during construction to prevent excessive dust. Watering will occur at a minimum of three (3) times daily on disturbed soil areas with active operations, unless dust is otherwise controlled by rainfall or use of a dust palliative, or other approved dust control measure.
            21. All clearing, grading, earth moving, and excavation activities will cease during period of winds greater than 20 miles per hour (averaged over one hour), or when dust plumes of 20 percent or greater opacity impact public roads, occupied structures, or neighboring property, and in conformance with Air Quality Management District (AQMD) regulations.
            22. For sites where the boundary of a new commercial solar energy generation facility will be located within one-quarter mile of a primary residential structure, an adequate wind barrier will be provided to reduce potentially blowing dust in the direction of the residence during construction and ongoing operation of the commercial solar energy generation facility.
            23. Any unpaved roads and access ways will be treated and maintained with a dust palliative or graveled or treated by another approved dust control method to prevent excessive dust, and paving requirements will be applied pursuant to Chapter 83.09 of the Development Code.
            24. On-site vehicle speed will be limited to 15 miles per hour.
            25. On terms and in an amount acceptable to the Director, adequate surety is provided for reclamation of commercial solar energy generation facility sites should energy production cease for a continuous period of 180 days and/or if the site is abandoned.
4. Solar Energy Development Standards.
   1. Night Lighting. Outdoor lighting within a commercial solar energy generation facility shall comply with the provisions of Chapter 83.07 of this Development Code.
   2. Public Safety Services Impact Fees. The developer of an approved commercial solar energy generation facility shall pay a fee on an annual basis according to the following schedule:
   3. Special Use Permit. Prior to the start of construction, the developer of an approved commercial solar energy generation facility shall submit for review, and gain approval for, a Conditional Use Permit (CUP). Thereafter, the CUP shall be renewed annually subject to annual inspections and the payment of fees. The annual CUP inspections shall review and confirm continuing compliance with the performance standards included in the findings of fact and the listed conditions of approval, including all mitigation measures. This comprehensive compliance review shall include evaluation of the operation and maintenance of the entire commercial solar energy generation facility. Failure to comply shall cause enforcement actions against the operator and owner of the facility. Such actions may cause a hearing or an action that could result in revocation of the facility’s conditional use permit and imposition of additional sanctions and/or penalties.
   4. Project Notices. Notice of an application for approval of a commercial solar energy generation facility shall be provided to all property owners, whether located in a city or in the unincorporated area of the County, within the following parameters:
      1. Area to be Notified: Owners of property located within 1,000 feet of the external boundaries of the parcel of the proposed site, or owners of property located up to 20 separate parcels away but not to exceed one quarter mile (1,320 ft.), whichever is greater.
      2. Notification Timing. Notification shall be accomplished upon acceptance of a new Conditional Use Permit application or a Revision to an Approved Action application for a commercial solar energy generation facility, with additional notice of public hearings provided as required by law to property owners within the Area to be Notified cited above.
         

1. Telecommunications Tower on Residentially Zoned Lots. A telecommunication tower is prohibited on a residentially zoned lot unless either of the following applies:
   1. The residentially zoned lot is developed and used for nonresidential purposes; or
   2. The residentially zoned lot is owned by a governmental entity.
2. New Telecommunications Towers.
   1. Level of approval required.
      1. Director-level. A director-level site plan and design review is required for a new roof-mounted telecommunications facility that is no higher than twenty-five (25) feet higher than the highest point of the building to which it is attached, or a new monopole under fifty (50) feet, or a new monopole that replaces an existing monopole, does not exceed the height of the existing pole where it is located, and is located in the same or proximate location as the monopole being replaced.
      2. Commission-level. A conditional use permit is required for a new telecommunications tower that is not subject to director-level review.
         1. Site Plan and Design Review. A new telecommunications tower is subject to site plan and design review approval at the same level as the conditional use permit.
         2. Standards Applicable Only to Discretionary Projects. All wireless telecommunications comply with the following, except that small wireless telecommunications facilities which comply with the most recent version of the City’s wireless design standards, as approved by the City Council by resolution, after recommendation (for or against) by the Planning Commission, need not comply with the following:
            1. Screening. The applicant shall employ screening, undergrounding and camouflage design techniques to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility’s visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.
            2. Space. Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.
            3. Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs. Additional landscaping shall be planted, irrigated and maintained by applicant where such landscaping is deemed necessary by the City to provide screening or to conceal the facility.
            4. Modification. Consistent with current State and Federal laws and if permissible under the same, at the time of modification of a wireless telecommunications facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.
            5. Security. Permittee shall pay for and provide a performance bond or other form of security approved by the City Attorney’s office, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee’s obligations under these conditions of approval and this Code. The security instrument coverage shall include, but not be limited to, removal of the facility. (The amount of the security instrument shall be calculated by the applicant in its submittal documents in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.) Before issuance of any building permit, permittee must submit said security instrument.
            6. Noise. If a nearby property owner registers a noise complaint, the City shall forward the same to the permittee. Said compliant shall be reviewed and evaluated by the applicant. The permittee shall have 10 business days to file a written response regarding the complaint which shall include any applicable remedial measures. If the City determines the complaint is valid and the applicant has not taken any steps to minimize the noise, the City may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant if the site is found in violation of this Section. The matter shall be reviewed by the Director. If the Director determines sound proofing or other sound attenuation measures are required to bring the project into compliance with the Code, the Director may impose conditions on the project to achieve said objective.
            7. Undergrounding. Accessory equipment shall be placed underground unless City staff determines that there is either no room in the public right-of-way for undergrounding or undergrounding is not feasible. If either exception applies, the accessory equipment may be placed above ground provided it is sufficiently concealed with natural or manmade features. When accessory equipment will be ground-mounted, such accessory equipment shall be enclosed within a structure that does not exceed a height of 5 feet, not exceed a footprint of 15 square feet, and shall be fully screened and/or camouflaged with landscaping and/or architectural treatment. Required electrical meter cabinets shall be screened and/or camouflaged.
         3. Standards for all Facilities. The following requirements apply to all wireless telecommunications facilities.
            1. Antenna Placement. Antenna elements shall be flush mounted, if feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers.
            2. Traffic Safety. Facilities shall be designed consistent with all applicable safety standards and shall be installed only in a location which does not violate pedestrian or traffic safety standards.
            3. Blending Methods. All facilities shall have subdued colors and non-reflective materials that blend with the materials and colors of the surrounding area and structures.
            4. Poles. Pole mounted equipment and enclosure, exclusive of antennas, shall not exceed total volume allowed by City’s design standards. Strand mounted equipment and enclosure shall not exceed 2 cubic feet in total volume.
            5. Wind Loads. Each facility shall be properly engineered to withstand wind loads as required by this Code or any duly adopted or incorporated code. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.
            6. Obstructions. Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, incommode the public’s use of the right-of-way, or safety hazards to pedestrians and motorists.
            7. Public Facilities. A facility shall not interfere with access to a fire hydrant, fire station, fire escape, water valve, underground vault, valve housing structure, or any other public health or safety facility.
            8. Screening. All ground-mounted facility, pole-mounted equipment, or walls, fences, landscaping or other screening methods shall be installed at least 18 inches from the curb and gutter flow line.
            9. Accessory Equipment—Accessory Equipment—Location. In locations where homes are only along one side of a street, above-ground accessory equipment shall not be installed directly in front of a residence. Such above-ground accessory equipment shall be installed along the side of street with no homes.
            10. Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the City.
            11. Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods.
            12. Noise. Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.
            13. Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. For any discretionary permit, the Director may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance. Additionally, no lethal devices or elements shall be installed as a security device.
            14. Permit Expiration. The installation and construction approved by a wireless telecommunications facility permit shall begin within one year after its approval or it will expire without further action by the City.
            15. Signs. At all times, all required notices and/or signs shall be posted on the site as required by the Federal Communications Commission, California Public Utilities Commission, any applicable licenses or laws, and as approved by the City. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.
            16. Permit Expiration. A condition setting forth the permit expiration date in accordance with subsection N shall be included in the conditions of approval.
            17. Permit Transfer. The permittee shall not transfer the permit to any person prior to the completion of the construction of the facility covered by the permit, unless and until the transferee of the permit has submitted the security instrument.
            18. Property Rights. The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the City shall be moved to accommodate a wireless telecommunications facility unless the City determines that such movement will not adversely affect the City or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the City’s structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the City with documentation establishing to the City’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant’s facilities.
            19. Liability. The permittee shall assume full liability for damage or injury caused to any property or person by the facility.
            20. Repair Obligations. The permittee shall repair, at its sole cost and expense, any damage, including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to City streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the City Engineer. Such time period for correction shall be based on the facts and circumstances, danger to the community and severity of the disrepair. Should the permittee not make said correction within the time period allotted the City Engineer shall cause such repair to be completed at permittee’s sole cost and expense.
            21. Drip Line. No facility shall be permitted to be installed in the drip line of any tree in the right-of-way unless the facility is to be collocated on an existing facility in the drip line.
            22. Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies meeting the City of Westminster’s insurance requirements for contractors to perform work with public right-of-way.
            23. Indemnification. Permittee shall defend, indemnify, protect and hold harmless the City, its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the City, and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the City, Planning Commission or City Council concerning this permit and the project. Such indemnification shall include damages of any type, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys’ fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The City shall promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit the City from participating in a defense of any claim, action or proceeding. The City shall have the option of coordinating the defense, including, but not limited to, choosing counsel after consulting with permittee and at permittee’s expense.
            24. Hold Harmless. Additionally, to the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney’s fees, interest and expert witness fees), or damages claimed by third parties against the City for any injury claim, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the City and its elected and appointed Council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.
            25. Cabinet Removal. Should the utility company servicing the facility with electrical service that does not require the use of an above ground meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation 90 days of such service being offered and reasonably restore the area to its prior condition. An extension may be granted if circumstances arise outside of the control of the permittee.
            26. Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to City, if and when made necessary by: (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above ground facilities, including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by City or any other public agency; (ii) any abandonment of any street, sidewalk or other public facility; (iii) any change of grade, alignment or width of any street, sidewalk or other public facility; or (iv) a determination by the Director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public’s use of the public right-of-way. Such modification, removal, or relocation of the facility shall be completed within 90 days of notification by City unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code including applicable notice and hearing procedures. The permittee shall be entitled, on permittee’s election, to either a pro rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, City may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances including those of immediate or imminent threat to the public’s health and safety, the City may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.
            27. Conditions. Permittee shall agree in writing that the permittee is aware of, and agrees to abide by, all conditions of approval imposed by the wireless telecommunications facility permit within 30 days of permit issuance. The permit shall be void and of no force or effect unless such written consent is received by the City within said 30-day period.
            28. Right-of-way Agreement. Prior to the issuance of any encroachment permit, permittee shall be required to enter into a right-of-way agreement with the City in accordance with the City’s past practice.
         4. Conditions of Approval. In addition to compliance with the design and development standards outlined in this Section, all facilities shall be subject to the following conditions of approval (approval may be by operation of law), as well as any modification of these conditions or additional conditions of approval deemed necessary by the Director: As built drawings. The permittee shall submit an as built drawing within 90 days after installation of the facility. As-built drawings shall be in an electronic format acceptable to the City which can be linked to the City’s GIS.
            1. Contact Information. The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the City. The permittee shall notify the City of any changes to the information submitted within 30 days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:
               1. Identity, including the name, address and 24-hour local or toll free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.
               2. The legal status of the owner of the wireless telecommunications facility.
            2. Assignment. The permittee shall notify the City in writing at least 90 days prior to any transfer or assignment of the permit. The written notice required in this Section must include: (i) the transferee’s legal name; (ii) the transferee’s full contact information, including a primary contact person, mailing address, telephone number and email address; and (iii) a statement signed by the transferee that the transferee shall accept all permit terms and conditions. The Director may require the transferor and/or the transferee to submit any materials or documentation necessary to determine that the proposed transfer complies with the existing permit and all its conditions of approval, if any. Such materials or documentation may include, but shall not be limited to: Federal, State and/or local approvals, licenses, certificates or franchise agreements; statements; photographs; site plans and/or as-built drawings; and/or an analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Communications Commission. Noncompliance with the permit and all its conditions of approval, if any, or failure to submit the materials required by the Director shall be a cause for the City to revoke the applicable permits.
            3. The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the Director for the purpose of: (i) protecting the public health, safety, and welfare; (ii) preventing interference with pedestrian and vehicular traffic; and/or (iii) preventing damage to the public right-of-way or any adjacent property. The City may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the underlying permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the City by the permittee.
         5. Findings. No discretionary permit shall be granted for a wireless telecommunications facility unless the approving party makes all of the following findings:
            1. All notices required for the proposed installation have been given.
            2. The proposed facility would comply with all applicable laws.
            3. The applicant has provided sufficient evidence supporting the applicant’s claim that it has the right to enter the public right-of-way pursuant to State or Federal law, or the applicant has entered into an agreement with the City permitting the applicant to use the public right-of-way.
            4. The applicant has demonstrated one of the following: (a) the design and location for the proposed installation will be minimally intrusive on the purposes of this Section 17.400.177; or (b) denial of the proposed facility would “effectively prohibit” the deployment of wireless facilities in violation of Federal law.
               

The following noise standards shall be met where applicable:

1. Residential Acoustical Design.
   1. For all dwellings and group quarters, the development shall be designed to achieve:
      1. Within each main building, a community noise equivalent level (CNEL) not exceeding forty-five (45) decibels.
      2. In outdoor areas, a community noise equivalent level (CNEL) not exceeding sixty-five (65) decibels, except that where it is not reasonably possible to achieve this objective, the development shall be designed to provide the lowest noise level reasonably possible within private open areas and/or common usable open areas of at least one hundred (100) square feet per unit, with access to such area available to the residents of each unit.
   2. Acoustical design and analysis shall be based upon the projected noise contours as shown in the noise element of the general plan. For all new residential developments, an acoustical analysis shall be submitted to the city as follows:
      1. For any residential development within a sixty (60) decibel CNEL contour, an analysis by a professional architect, engineer or building designer shall demonstrate that the required noise levels will be achieved.
      2. For any residential development within a sixty-five (65) decibel CNEL contour, an analysis by a professional mechanical or acoustical engineer shall demonstrate that the required noise levels will be achieved. Prior to issuing a certificate of occupancy, the building official may require tests by a qualified acoustical technician to confirm that the noise reduction achieved is sufficient to meet the requirements of this section.
      3. Public Address Systems. Any public address systems, loudspeakers and other sound-producing equipment shall be designed, installed and operated in a manner which is not disturbing to the surrounding area. (Ord. No. 568-AC)

All uses and activities shall be operated and maintained so as not to be hazardous, obnoxious or offensive due to illumination, glare, or similar effects detrimental to public health, safety and welfare. (Ord. No 568-AC)

This division shall be known as the “Needles Water Efficient Landscape Ordinance,” and may be so cited.

The State Legislature has found:

1. That the waters of the state are of limited supply and are subject to ever increasing demands;
2. That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;
3. That it is the policy of the State to promote the conservation and efficient use of water and to prevent the waste of this valuable resource;
4. That landscapes are essential to the quality of life in California by providing areas for active and passive recreation and as an enhancement to the environment by cleaning air and water, preventing erosion, offering fire protection, and replacing ecosystems lost to development;
5. That landscape design, installation, maintenance and management can and should be water efficient; and
6. That section 2 of Article X of the California Constitution specifies that the right to use water is limited to the amount reasonably required for the beneficial use to be served and the right does not and shall not extend to waste or unreasonable method of use.

1. Consistent with the Department of Water Resources’ State Model Water Efficient Landscape Ordinance, this Ordinance shall apply to all of the following landscape projects:
   1. New development projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review;
   2. Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 2,500 square feet requiring a building permit, plan check, or design review;
   3. Existing landscapes shall be limited to Section 99.11.08;
   4. Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to sections 99.11.06(a)(1)(B); 99.11.07(B) and (C), and existing cemeteries are limited to Section 99.11.08.
2. Any new project shall utilize the requirements of the Water Efficient Landscape Ordinance.
   1. Projects with an aggregate landscape area less than 2,500 square feet may comply with the requirements of either the streamlined landscape method or the water budget landscape method.
   2. Projects with an aggregate landscape area in excess of 2,500 square feet shall comply with the water budget landscape method.
   3. All projects are required to comply with Section 99.11.07.
3. For projects using treated or untreated gray water or rainwater captured on site, any lot or parcel within the project that has less than 2500 sq. ft. of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to section 99.11.05(a)(4).
4. This ordinance does not apply to:
   1. Registered local, state or federal historical sites;
   2. Ecological restoration projects that do not require a permanent irrigation system;
   3. Mined-land reclamation projects that do not require a permanent irrigation system;
   4. Existing plant collections, as part of botanical gardens and arboretum open to the public.

The terms used in this ordinance have the meaning set forth below:

“Applied water” means the portion of water supplied by the irrigation system to the landscape.

“Automatic irrigation controller” means a timing device used to remotely control valves that operate an irrigation system. Automatic irrigation controllers are able to self-adjust and schedule irrigation events using either evapotranspiration (weather-based) or soil moisture data.

“Backflow prevention device” means a safety device used to prevent pollution or contamination of the water supply due to the reverse flow of water from the irrigation system.

“Certificate of Completion” means the document required under section 99.11.030.080.

“Certified irrigation designer” means a person certified to design irrigation systems by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

“Certified landscape irrigation auditor” means a person certified to perform landscape irrigation audits by an accredited academic institution, a professional trade organization or other program such as the US Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

“Check valve” or “anti-drain valve” means a valve located under a sprinkler head, or other location in the irrigation system, to hold water in the system to prevent drainage from sprinkler heads when the sprinkler is off.

“Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code section 1351.

“Compost” means the safe and stable product of controlled biologic decomposition of organic materials that is beneficial to plant growth.

“Conversion factor (0.62)” means the number that converts acre-inches per acre per year to gallons per square foot per year.

“Distribution uniformity” means the measure of the uniformity of irrigation water over a defined area.

“Drip irrigation” means any non-spray low volume irrigation system utilizing emission devices with a flow rate measured in gallons per hour. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Ecological restoration project” means a project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem.

“Effective precipitation” or “usable rainfall” (Eppt) means the portion of total precipitation which becomes available for plant growth.

“Emitter” means a drip irrigation emission device that delivers water slowly from the system to the soil.

“Established landscape” means the point at which plants in the landscape have developed significant root growth into the soil. Typically, most plants are established after one or two years of growth.

“Establishment period of the plants” means the first year after installing the plant in the landscape or the first two years of irrigation will be terminated after establishment. Typically, most plants are established after one or two years of growth. Native habitat mitigation areas and trees may need three to five years for establishment.

“Estimated Total Water Use” (ETWU) means the total water used for the landscape as described in section 99.11.030.050.

“ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for non-residential areas, that, when applied to reference evapotranspiration, adjusts for plants factors and irrigation efficiency, two major influences upon the amount of water that needs to be applied to the landscape. The ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0. The ETAF for existing non-rehabilitated landscapes is 0.8.

“Evapotranspiration rate” means the quantity of water evaporated from adjacent soil and other surfaces and transpired by plants during a specified time.

“Flow rate” means the rate at which water flows through pipes, valves and emission devices, measured in gallons per minute, gallons per hour, or cubic feet per second.

“Flow sensor” means an inline device installed at the supply point of the irrigation system that produces a repeatable signal proportional to flow rate. Flow sensors must be connected to an automatic irrigation controller, or flow monitor capable of receiving flow signals and operating master valves. This combination flow sensor/controller may also function as a landscape water meter or submeter.

“Friable” means soil condition that is easily crumbled or loosely compacted down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded.

“Fuel Modification Plan Guideline” means guidelines from a local fire authority to assist residents and businesses that are developing land or building structures in a fire hazard severity zone.

“Graywater” means untreated wastewater that has not been contaminated by any toilet discharge, has not been affected by infectious, contaminated, or unhealthy bodily wastes, and does not present a threat from contamination by unhealthful processing, manufacturing, or operating wastes. “Graywater” includes, but is not limited to, wastewater from bathtubs, showers, bathroom washbasins, clothes washing machines, and laundry tubs, but does not include wastewater from kitchen sinks or dishwater. See California Health and Safety Code section 17922.12.

“Hardscapes” means any durable material (pervious and non-pervious).

“Hydrozone” means a portion of the landscaped area having plants with similar water needs and rooting depth. A hydrozone may be irrigated or non-irrigated.

“Infiltration rate” means the rate of water entry into the soil expressed as a depth of water per unit of time (e.g., inches per hour).

“Invasive plant species” means species of plants not historically found in California that spread outside cultivated areas and can damage environmental or economic resources. Invasive species may be regulated by county agricultural agencies as noxious species. Lists of invasive plants are maintained at the California Invasive Plant Inventory and USDA invasive and noxious weeds database.

“Irrigation audit” means an in-depth evaluation of the performance of an irrigation system conducted by a Certified Landscape Irrigation Auditor. An irrigation audit includes, but is not limited to: inspection, system tune-up, system test with distribution uniformity or emission uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule. The audit must be conducted in a manner consistent with the Irrigation Association’s Landscape Irrigation Auditor Certification program or other U.S. Environmental Protection Agency “Watersense” labeled auditing program.

“Irrigation efficiency” (IE) means the measurement of the amount of water beneficially used divided by the amount of water applied. Irrigation efficiency is derived from measurements and estimates of irrigation system characteristics and management practices. The irrigation efficiencies for purposes of this ordinance are 0.75 for overhead spray devices and 0.81 for drip systems.

“Irrigation survey” means an evaluation of an irrigation system that is less detailed than an irrigation audit. An irrigation survey includes, but is not limited to: inspection, system test, and written recommendations to improve performance of the irrigation system.

“Irrigation water use analysis” means a review of water use data based on meter readings and billing data.

“Landscape architect” means a person who holds a license to practice landscape architecture in the California Business and Professions Code, section 5615.

“Landscape area” (LA) means all the planting areas, turf areas, and water features in a landscape design plan subject to the Maximum Applied Water Allowance calculation. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, patios, gravel or stone walks, other pervious or non-pervious hardscapes, and other non-irrigated areas designated for non-development (e.g., open spaces and existing native vegetation).

“Landscape contractor” means a person licensed by the state of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

“Landscape Documentation Package” means the documents required under section 99.11.030.040.

“Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this ordinance, meeting requirements under section 99.11.010.030.

“Landscape water meter” means an inline device installed at the irrigation supply point that measures the flow of water into the irrigation system and is connected to a totalizer to record water use.

“Lateral line” means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

“Local water purveyor” means any entity, including a public agency, city, county, or private water company that provides retail water service.

“Low volume irrigation” means the application of irrigation water at low pressure through a system of tubing or lateral lines and low-volume emitters such as drip, drip lines, and bubblers. Low volume irrigation systems are specifically designed to apply small volumes of water slowly at or near the root zone of plants.

“Main line” means the pressurized pipeline that delivers water from the water source to the valve or outlet.

“Master shut-off valve” is an automatic valve installed at the irrigation supply point which controls water flow into the irrigation system. When this valve is closed water will not be supplied to the irrigation system. A master valve will greatly reduce any water loss due to a leaky station valve.

“Maximum Applied Water Allowance” (MAWA) means the upper limit of annual applied water for the established landscaped area as specified in section 14.127.030.040. It is based upon the area’s reference evapotranspiration, the ET Adjustment Factor, and the size of the landscape area. The Estimated Total Water Use shall not exceed the Maximum Applied Water Allowance. Special Landscape Areas, including recreation areas, areas permanently and solely dedicated to edible plants such as orchards and vegetable gardens, and areas irrigated with recycled water are subject to the MAWA with an ETAF not to exceed 1.0 MAWA = (ETo) (0.62) [(ETAF x LA) + ((1-ETAF) x SLA)].

“Median” is an area between opposing lanes of traffic that may be unplanted or planted with trees, shrubs, perennials, and ornamental grasses.

“Microclimate” means the climate of a small, specific area that may contrast with the climate of the overall landscape area due to factors such as wind, sun exposure, plant density, or proximity to reflective surfaces.

“Mined-land reclamation projects” means any surface mining operation with a reclamation plan approved in accordance with the Surface Mining and Reclamation Act of 1975.

“Mulch” means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, and or decomposed granite left loose and applied to the soil surface for the beneficial purposes of reducing evaporation, suppressing weeds, moderating soil temperature, and preventing soil erosion.

“New construction” means, for the purposes of this ordinance, a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

“Non-residential landscape” means landscapes in commercial, institutional, industrial and public settings that may have areas designated for recreation or public assembly. It also includes portions of common areas of common interest developments with designated recreational areas.

“Operating pressure” means the pressure at which the parts of an irrigation system are designed by the manufacturer to operate.

“Overhead sprinkler irrigation systems” means systems that deliver water through the air (e.g., spray heads and rotors).

“Overspray” means the irrigation water which is delivered beyond the target area.

“Permit” means an authorizing document issued by local agencies for new construction or rehabilitation landscapes.

“Pervious” means any surface or material that allows the passage of water through the material and into the underlying soil.

“Plant factor” or “plant water use factor” is a factor, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this ordinance, the plant factor range for very low water use plants is 0 to 0.1, the plant factor range for low water use plants is 00.1 to 0.3, the plant factor range for moderate water use plants is 0.4 to 0.6, and the plant factor range for high water use plants is 0.7 to 1.0. Plant factors cited in this ordinance are derived from the Department of Water Resources 2000 publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researches from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

“Project applicant” means the individual or entity submitting a Landscape Documentation Package required under section 99.11.030.040 to request a permit, plan check, or design review from the City of Needles. A project applicant may be the property owner or his or her designee.

“Rain sensor” or “rain sensing shutoff device” means as component which automatically suspends an irrigation event when it rains.

“Record drawing” or “as-builts” means a set of reproducible drawings which show significant changes in the work made during construction and which are usually based on drawings marked up in the field and other data furnished by the contractor.

“Recreational area” means areas, excluding private single family residential areas designated for active play, recreation or public assembly, in parks, sports fields, picnic grounds, amphitheaters and or golf course tees, fairways, roughs, surrounds and greens.

“Recycled water,” “reclaimed water,” or “treated sewage effluent water” means treated or recycled wastewater of quality suitable for non-potable uses such as landscape irrigation and water features. This water is not intended for human consumption.

“Reference evapotranspiration” or “ETo” means a standard measurement of environmental parameters which affect the water use of plants. ETo is expressed in inches per day, month, or year as represented in Table 99.11.030.01, and is an estimate of the evapotranspiration is used as the basis of determining the Maximum Applied Water Allowance so that regional differences in climate can be accommodated.

“Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of section 99.11.010.030, and the modified landscaped area is equal to or greater than 2,500 square feet.

“Residential landscape” means landscape surrounding single or multifamily homes.

“Runoff” means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope.

“Soil moisture sensing device” or “soil moisture sensor” means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event.

“Soil texture” means the classification of soil based on its percentage of sand, silt, and clay.

“Special Landscape Area” (SLA) means an area of the landscape dedicated solely to edible plants, recreation areas, areas irrigated with recycled water, or water features using recycled water.

“Sprinkler head” means a device which delivers water through a nozzle.

“Static water pressure” means the pipeline or municipal water supply pressure when water is not flowing.

“Station” means an area served by one valve or by a set of valves that operation simultaneously.

“Swing joint” means an irrigation component that provides a flexible, leak-free connection between the emission device and lateral pipeline to allow movement in any direction and to prevent equipment damage.

“Submeter” means a metering device to measure water applied to the landscape that is installed after the primary utility water meter.

“Turf” means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, Seashore Paspalum, St. Augustine grass, Zoysiagrass, and Buffalo grass are warm-season grasses.

“Valve” means a device used to control the flow of water in the irrigation system.

“Water conserving plant species” means a plant species identified as having a very low or low plant factor.

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

“Watering window” means the time of day irrigation is allowed.

“WUCOLS” means the Water Use Classification of Landscape Species published by the University of California Cooperative Extension and the Department of Water Resources 2014.

Project area must be less than 2500 square feet to qualify. Requirements will be minimal and less costly then utilization of the “Water Budget Method”, as described in Section 99.11.06 Requirements of the Streamlined Landscape Method include utilization of plants included in the “Needles Approved Water Efficient Plant list”, Exhibit “A”, as well as plants identified in the reference book “Landscape Plants for the Arizona Desert – Guide to Growing More than 200 Low-Water-Use Plants”, as well as the reference guide “Low Water-Use Plants for California and the Southwest” by Carol Shuler; installation of turf is prohibited. These projects are exempt from the requirement of having a State of California professional authorized to design a landscape or an irrigation system sign-off; as well as lower permit fees.

1. New Construction or Rehabilitated Landscapes.
   1. Landscape Documentation Package for the streamlined process to include:
      1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installed), water supply type (potable, recycled, well); project contacts (project applicant and property owner, if applicable); statement “I agree to comply with the requirements of the Streamlined Water Efficient Landscape Project requirements.”
   2. Landscape Design Plan.
      1. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
         1. Plant Material.
            1. Any plant from the Needles Approved Water Efficient Plant list turf is not allowed.
            2. Fire-prone areas – landscape design plan shall address fire-safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches.
   3. Soil Preparation, Mulch and Amendments. Installation of compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
   4. Irrigation Design Plan. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
      1. System.
         1. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
         2. Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturers recommended pressure range.
         3. Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve_ shall be installed as close as possible to the point of connection of the water supply.
         4. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, ASABE/ICC 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
2. Certificate of Completion. At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, sample attached, certificate of installation signed by building official, irrigation schedule and a schedule of landscape and irrigation maintenance. (Figure 99.11.04(a)-1)
   
   
   
   
   

Projects will follow guidelines of the Governor’s Executive Order EO B-29-15, requiring project plans to be designed/approved by a person authorized by the State of California to design a landscape or an irrigation system. These projects require the calculation for the Maximum Applied Water Allowance (MAWA); the development of a hydrozone table to calculate the Estimated Total Water Use (ETWU) does not exceed the Maximum Applied Water Allowance (MAWA). It requires more attention to the design of the irrigation system assuming a wider range of plant factors will be part of each hydrozone.

New Construction or Rehabilitated Landscapes.

Landscape Documentation Package for the water budget landscape method to include:

1. Project information, including date, project applicant, project address, total square footage of landscape area, project type (new, rehabilitated, public, private, cemetery, homeowner-installed), water supply type (potable, recycled, well); project contacts (project applicant and property owner, if applicable).
2. Water Efficient Landscape Worksheet with water budget calculations.
   1. A project applicant shall complete the Water Efficient Landscape Worksheet in Figure 99.11.05(b), which contains information on the plant factor (pf), irrigation method, irrigation efficiency and area associated with each hydrozone.
      
      Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for non-residential areas, exclusive of Special Landscape Areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected.
      
      The Maximum Applied Water Allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for non-residential areas) and expressed as annual gallons required. The Estimated Total Water Use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.
      
      In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo value of 92.1, found in the Reference Evapotranspiration Table 99.11.04(b)-1. (Tables 99.11.06(b)(1) & 99.11.06(b)(2))
      
      
      
      
      
      
   2. Water budget calculations shall adhere to the following requirements:
      1. The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.
      2. All water features shall be included in the high-water use hydrozone, and temporarily irrigated areas shall be included in the low water use hydrozone.
      3. All Special Landscape Areas shall be identified, and the water use calculated as shown in Figure 99.11.06(b)(2).
      4. ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

Landscape Design Plan.

1. The landscape design plan, at a minimum, shall:
   1. Delineate and label each hydrozone by number, letter, or other method;
   2. Identify each hydrozone as low, moderate, high water, or mixed water use. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation.
   3. Identify recreational areas (for uses other than single family residential, if any);
   4. Identify areas permanently and solely dedicated to edible plants (if any);
   5. Identify areas irrigated with recycled water (if any);
   6. Identify type of mulch and application depth;
   7. Identify soil amendments, type, and quantity;
   8. Identify type and surface area of water features (if any);
   9. Identify hardscapes (pervious and non-pervious, if any);
   10. Bear the signatures of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6,6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title16 of the California Code of Regulations, and section 6721 of the California Food and Agriculture Code.)
2. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
   1. Plant Material.
      1. Any plant may be selected for the landscape providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance and the selection complies with any other adopted landscaping requirements.
      2. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in section 99.11.06(a)(1)(C)(ii)(1)(d).
      3. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
         1. Use the Sunset Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
         2. Recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure [e.g., buildings, sidewalks, power lines]; allow for adequate soil volume for healthy root growth; and
         3. Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
      4. Turf is not allowed on slopes greater than 25% where the toe of the slope is adjacent to an impermeable hardscape and where 25% means 1 foot of vertical elevation change for every 4 feet of horizontal length (rise divided by run x 100 = slope percent).
      5. High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.
      6. A landscape design plan for projects in fire-prone areas shall address fire safety and prevention. A defensible space or zone around a building or structure is required per California Public Resources Code section 4291(a) and (b). Avoid fire-prone plant materials and highly flammable mulches. Refer to the local Fuel Modification Plan guidelines.
      7. The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.
      8. The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
   2. Water Features.
      1. Recirculating water systems shall be used for water features.
      2. Where available, recycled water shall be used as a source for decorative water features.
      3. Surface area of a water feature shall be included in the high-water use hydrozone area of the water budget calculation.
      4. Pool and spa covers are highly recommended.
   3. Soil Preparation, Mulch and Amendments.
      1. Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
      2. Soil amendments shall be incorporated according to recommendations of any soil report prepared and what is appropriate for the plants selected.
      3. For landscape installations, compost at a rate of minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater that 6% organic matter in the top 6 inches of soil are exempt from adding compost and tilling.
      4. A minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch Designated insect habitat must be included in the landscape design plan as much.
      5. Stabilizing mulching products shall be used on slopes that meet current engineering standards.
      6. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.
   4. Irrigation Design Plan.
      1. This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations.
         1. The irrigation design plan, at a minimum, shall contain:
            1. Location and size of separate water meters for landscape;
            2. Location, type and size of all components of the irrigation system, including controllers, main and lateral lines, valves , sprinkler heads, moisture sensing devices, rain switches, quick couplers, pressure regulators, and backflow prevention devices;
            3. Static water pressure at the point of connection to the public water supply;
            4. Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;
            5. Recycled water irrigation systems as specified in section 99.11.07(d); and
            6. The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, 7027.5 of the California Business and Professions Code, section 832.27 of Title 16 of the California Code of Regulations, and section 6721 of the California Food and Agricultural Code.)
         2. System.
            1. Landscape water meters, defined as either a dedicated water service meter or private submeter, shall be installed for all non-residential irrigated landscapes of 1,000 sq. ft. but not more than 5,000 sq. ft. (the level at which California Water Code section 535 applies) and residential irrigated landscapes of 5,000 sq. ft. or greater. A landscape water meter may be either:
               1. a customer service meter dedicated to landscape use provided by the local water purveyor; or
               2. a privately owned meter or submeter.
            2. Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for irrigation scheduling in all irrigation systems.
            3. Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
            4. Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.
            5. Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
            6. The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto non-targeted areas, hardscapes, roadways, or structures.
            7. Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
            8. The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
            9. The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in section 99.11.06(A)(1)(b) regarding the Maximum Applied Water Allowance.
            10. All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2014 “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.
            11. It is highly recommended that the project applicant or City of Needles inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
            12. In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.
            13. Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.
            14. Head-to-head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.
            15. Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.
            16. Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
            17. Areas less than ten (10) feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.
            18. Overhead irrigation shall not be permitted within 24 inches of any non-permeable surface. Allowable irrigation within the setback from non-permeable surfaces may include drip, drip line, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
                1. The landscape area is adjacent to permeable surfacing and no runoff occurs; or
                2. The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or
                3. The irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package and clearly demonstrates strict adherence to irrigation system design criteria in section 99.11.030.070(A)(1)(f). Prevention of overspray and runoff must be confirmed during the irrigation audit.
            19. Slopes greater than 25% shall not be irrigated with an irrigation system with a application rate exceeding 0.75 inches per hour. This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
         3. Hydrozone.
            1. Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.
            2. Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
            3. Where feasible, trees shall be placed on separate valve from shrubs, groundcovers, and turf to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree.
            4. Individual hydrozones that mix plants of moderate and low water use, or moderate and high-water use, may be allowed if:
               1. Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or
               2. The plant factor of the higher water using plant is used for calculations.
            5. Individual hydrozones that mix high and low water use plants shall not be permitted.
            6. On the landscape design plan and irrigation design plan, hydrozone areas shall be designated by number, letter, or other designation. On the irrigation design plan, designate the areas irrigated by each valve, and assign a number to each valve. Use the valve number in the Hydrozone Information Table (see Figure 99.11.06(b)(2). This table can also assist with the irrigation audit and programming the controller.
      2. Certificate of Completion.
         1. The Certificate of Completion (see Figure 99.11.030-2 for a sample certificate) shall include the following six (6) elements:
            1. Project information sheet that contains:
               1. Date:
               2. Project name;
               3. Project applicant name, telephone, and mailing address;
               4. Project address and location, and
               5. Property owner name, telephone, and mailing address.
            2. Certification by either the signer of the landscape design plan, the signer of the irrigation design plan, or the licensed landscape contractor that the landscape project has been installed per the approved Landscape Documentation Package;
               1. Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification;
               2. A diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes.
            3. Irrigation scheduling parameters used to set the controller (see section 99.11.030.090);
            4. Landscape and irrigation maintenance schedule (see section 99.11.030.100); and
            5. Irrigation audit report (see section 99.11.030.110).
         2. The project applicant shall:
            1. Submit the signed Certificate of Completion to the City Manger or his/her designee for review;
            2. Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor if other than the City of Needles and property owner or his or her designee.
         3. The City Manager or his/her designee shall:
            1. Receive the signed Certificate of Completion from the project applicant;
            2. Approve or deny the Certificate of Completion. If the Certificate of Completion is denied, the City Manager or his/her designee shall provide information to the project applicant regarding reapplication, appeal, or other assistance. (PENDING Figure 99.11.030-2 & Water Budget Method)

1. Irrigation Scheduling. For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:
   1. Irrigation scheduling shall be regulated by automatic irrigation controllers.
   2. Overhead irrigation shall be scheduled between 8:00 p.m. and 10:00 a.m., unless weather conditions prevent it. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
   3. For implementation of the irrigation schedule, particular attention must be paid to irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water meets the Estimated Total Water Use. Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA). Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data.
   4. Parameters used to set the automatic controller shall be developed and submitted for each of the following:
      1. The plant establishment period;
      2. The established landscape; and
      3. Temporarily irrigated areas.
   5. Each irrigation schedule shall consider for each station all of the following that apply:
      1. Irrigation interval (days between irrigation);
      2. Irrigation run times (hours or minutes per irrigation event to avoid runoff);
      3. Number of cycle starts required for each irrigation event to avoid runoff;
      4. Amount of applied water scheduled to be applied on a monthly basis;
      5. Application rate setting;
      6. Root depth setting;
      7. Plant type setting;
      8. Soil type;
      9. Slope factor setting;
      10. Shade factor setting; and
      11. Irrigation uniformity or efficiency setting.
2. Landscape and Irrigation Maintenance Schedule.
   1. Landscape shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.
   2. A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
   3. Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.
   4. A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.
3. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
   1. All landscape irrigation audits shall be conducted by a third-party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.
   2. In large projects or projects with multiple landscape installations (i.e. production home developments) an auditing rate of 1 in 7 lots or approximately 15% will satisfy this requirement.
   3. For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in section 99.11.03:
      1. The project applicant shall submit an irrigation audit report with the Certificate of Completion to the local agency that may include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or run off that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;
      2. The City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.
4. Irrigation Efficiency. For the purpose of determining Estimate Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.
5. Recycled Water.
   1. The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.
   2. All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.
   3. Landscapes using recycled water are considered Special Landscape Areas. The ET Adjustment Factor for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.
6. Graywater Systems. Graywater systems promote the efficient use of water and are encouraged to assist in on-site landscape irrigation. All graywater systems shall conform to the California Plumbing Code (Title 24, Part 5, Chapter 16) an any standards adopted by the City of Needles. Refer to section 99.11.03 for the applicability of this ordinance to landscape areas less than 2,500 square feet with the Estimated Total Water Use met entirely by graywater.
7. Stormwater Management and Rainwater Retention.
   1. Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.
   2. Project applicants shall refer to the local agency or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.
   3. All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to section 99.11.06(A)(2)(c)(2)(c).
   4. It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: the one inch, 24-hour rain event or (2) the 85 percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, state or federal regulation.
   5. It is recommended that storm water projects incorporate any of the following elements to improve on-site storm water and dry weather runoff capture and use:
      1. Grade impervious surfaces, such as driveways, during construction to drain to vegetated areas.
      2. Minimize the area of impervious surfaces such as paved areas, roof and concrete driveways.
      3. Incorporated pervious or porous surfaces (e.g., gravel, permeable pavers or blocks, pervious or porous concrete) that minimize runoff.
      4. Direct runoff from paved surfaces and roof areas into planting beds or landscaped areas to maximize site water capture and reuse.
      5. Incorporate rain gardens, cisterns, and other rain harvesting or catchment systems.
      6. Incorporate infiltration beds, swales, basins and drywells to capture storm water and dry weather runoff and increase percolation into the soil.
      7. Consider constructed wetlands and ponds that retain water, equalize excess flow, and filter pollutants.
8. Public Education.
   1. Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principals of design, installation, management and maintenance that save water is encouraged in the community. The City of Needles shall provide information to owners of permitted renovations and new single-family residential homes regarding the design, installation, management, and maintenance of water efficient landscapes based on a water budget.
   2. Model Homes. All model homes shall be landscaped and use signs and written information to demonstrate the principles of water efficient landscapes described in this ordinance.
      1. Signs shall be used to identify the model as an example of a water efficient landscape featuring elements such as hydrozones, irrigation equipment, and other that contribute to the overall water efficient theme. Signage shall include information about the site water use; specify who designed and installed the water efficient landscape; and demonstrate low water use approaches to landscaping such as using native plants, graywater systems, and rainwater catchment systems.
      2. Information shall be provided about designing, installing, managing, maintaining water efficient landscapes
9. Environmental Review. The City of Needles must comply with the California Environmental Quality Act (CEQA), as appropriate.

1. Irrigation Audit, Irrigation Survey, and Irrigation Water Use Analysis.
   1. This section, 99.11.08, shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.
      1. For all landscapes in 99.11.08(a)(1) that have a water meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing landscapes. The Maximum Applied Water Allowance for existing landscapes shall be calculated as: MAWA = (0.8)(ETo)(LA)(0.62).
      2. For all landscape in 99.11.08(a)(1) that do not have a meter, the City of Needles shall administer programs that may include, but not be limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
   2. All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

The City of Needles may consider Effective Precipitation (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:

MAWA=(ETo-Eppt) (0.62) [(0.55 x LA) + (0.45 x SLA)] for residential areas, MAWA=(ETo-Eppt)(0.62)[(0.45 x LA) + (0.55 x SLA)] for non-residential areas.

The City Manager of his/her designee shall report to the California Department of Water Resources by December 31, 2015, and by January 31 of each year thereafter pursuant to the requirements of California Code of Regulations Title 23, Division 2, Chapter 2.7, section 495.