Yucaipa, CA Zoning Ordinance

§ 810.0101 Intent.

It is the intent of the City Council to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure that the following goals are accomplished.

(a)

Adverse environmental effects are prevented or minimized, and mined lands are reclaimed to a usable condition which is readily adaptable for alternative land use.

(b)

The production and conservation of minerals are encouraged, while giving consideration to values relating to recreation, watershed, wildlife, range, and forage and aesthetic enjoyment.

(c)

Residual hazards to the public health and safety are eliminated.

(d)

The extraction of minerals is essential to the continued economic well-being of the City and to the needs of society, and reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment and to protect the public health and safety.

(e)

The reclamation of mined lands as provided in this chapter will permit the continued mining of minerals and will provide for the protection and subsequent beneficial use of the mined and reclaimed land.

(f)

Surface mining takes place in diverse areas where the geologic, topographic, climatic, biological, and social conditions are significantly different, and reclamation operations and the specification therefor may vary accordingly.

§ 810.0110 Scope.

(a)

The provisions of this chapter shall apply to all areas within the City of Yucaipa.

(b)

The provisions of this chapter are not applicable to the following.

(1)

Excavations or grading for farming, on-site construction, or restoration of land following a flood or natural disaster.

(2)

Reclamation of lands mined prior to January 1, 1976.

(3)

Operations conducted prior to January 1, 1976 on mining claims located under the mining laws of 1872, et seq., and not recorded by January 1, 1976 as abandoned.

(4)

Those underground operations with tailings or waste dumps in total amounts of less than 1,000 cubic yards not exceeding one acre in extent at any one site of underground access opening, providing such openings are secured.

(5)

Surface mining operations that are required by Federal law in order to protect a mining claim, if such operations are conducted solely for that purpose.

(6)

Prospecting for, or the extraction of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of one acre or less.

(7)

Such operations that the City determines to be of an infrequent nature and that involve only minor surface disturbance.

§ 810.0115 Conditional Use Permit and Reclamation Plan required.

(a)

Any person who proposes to engage in surface mining activity shall, prior to the commencement of said operations, first file and obtain approval from the City Planner for a Conditional Use Permit application as provided in Section 84.0320 of the Development Code and a Reclamation Plan in accordance with the provisions set forth in this chapter, and as further provided in Section 2772 (f) of the California Public Resources Code. A fee as established in the City Schedule of Fees shall be paid to City Planner at the time of filing. A reclamation plan shall be filed for existing nonexempted operations within 18 months or as established by the City Planner for the review and approval for the reclamation of surface mining activity for those portions of the site mined after January 1, 1976. A fee, as established in the City Schedule of Fees, shall be paid to the City Planner at the time of filing of the Reclamation Plan.

Application for a Conditional Use Permit or Reclamation Plan for surface mining or land reclamation projects shall be made on forms provided by the Yucaipa City Planner. Said application shall be filed in accord with this chapter and procedures to be established by the City Planner.

(b)

No person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976, shall be required to secure a permit pursuant to the provisions of this chapter as long as such vested right continues, provided, however, that no substantial changes are made in any such operation except in accordance with the provisions of this Chapter. Expenses incurred in obtaining the enactment of an ordinance in relation to a particular operation or the issuance of a permit shall not be deemed liabilities for work or materials.

A person who has obtained a vested right to conduct surface mining operations prior to January 1, 1976 shall submit to the City Planner (and receive within a reasonable period of time) approval of a Reclamation Plan for operations to be conducted after January 1, 1976, unless a Reclamation Plan was approved by the City prior to January 1, 1976, and the person submitting the plan has accepted responsibility for reclaiming the mined lands in accordance with the reclamation plan.

Nothing in this section shall be construed as requiring the filing of a Reclamation Plan for, or the reclamation of, mined lands on which surface mining operations were conducted prior to January 1, 1976.

§ 810.0120 Review procedures.

Upon completion of the Environmental Review procedure and filing of all documents required by the City Planner, consideration of the Conditional Use Permit or Reclamation Plan for the proposed or existing surface mine shall be completed pursuant to the Development Code and Section 2774 of the California Public Resources Code.

§ 810.0125 Periodic review.

As a condition of approval for either the Conditional Use Permit or the Reclamation Plan, a periodic review schedule shall be established to evaluate compliance with the said plan.

§ 810.0130 Enforcement.

The provisions of this chapter shall be enforced by the Community Development Director, an authorized designee, or deputies.

§ 810.0135 Appeal.

Any person aggrieved by an act or determination of the City Planner in the exercise of the authority granted herein shall have the right to appeal to the Planning Commission or the City Council, whichever is the next higher authority, pursuant to Section 2775 of the California Public Resources Code. An appeal shall be filed in writing on forms provided within 15 calendar days after a decision has been rendered.

§ 810.0201 Purpose.

The purpose of this chapter is to eliminate and prevent conditions of accelerated erosion that have led to, or could lead to, the degradation of water quality, loss of fish habitat, damage to property, loss of topsoil and vegetation cover, disruption of water supply, increased danger from flooding, and the deposition of sediments and associated nutrients.

§ 810.0205 Scope.

This chapter requires control of all existing and potential conditions of human-induced accelerated erosion within specified City areas which are within or adjacent to mountains and hillsides. This chapter sets forth required provisions for project planning, preparation of erosion control plans, runoff control, land clearing, and winter operations and establishes procedures for administering those provisions.

§ 810.0210 General provisions.

(a)

No person shall cause or allow the continued existence of a condition on any site that is causing or is likely to cause accelerated erosion as determined by the City Engineer.

(b)

Upon notification by the City Engineer, the responsible person shall take all appropriate measures to control erosion on the site specified in the notification within a reasonable period of time as determined by the City Engineer.

(c)

The City Engineer may require that a property owner whose property has been cited in accordance with Section 810.0210(b) file and obtain approval of a Soil Erosion and Sediment Control Plan and/or Permit in accordance with Section 810.0220.

(d)

The City Engineer may direct that any particular operation, process, or construction be stopped during periods of inclement weather if he or she determines that erosion problems are not adequately being controlled.

§ 810.0215 Project design considerations.

The following shall be incorporated into design considerations of all land use projects that are subject to the provisions of this chapter.

(a)

Identify building and access construction envelopes, and identify areas which will not be disturbed by construction activity in order to minimize disturbance of erodible areas of any proposed development site.

(b)

Preserve existing streams and drainage courses in their natural condition in order to retain their ability to accommodate runoff and water drainage with a minimum of erosion.

(c)

Incorporate all appropriate measures that can be addressed at the time of the proposed land use decision that will facilitate the preparation of an adequate Soil Erosion and Sediment Control Plan and/or Permit measures as specified by this chapter.

§ 810.0220 Soil Erosion and Sediment Control Plan.

(a)

No land clearing or grading, other than those activities listed as exemptions by this chapter or as determined by the City Engineer, shall occur unless the said land clearing or grading is in compliance with an approved Soil Erosion and Sediment Control Plan and/or Permit issued in accordance with the provisions of this chapter.

(b)

A Soil Erosion and Sediment Control Plan shall be submitted and approved in accordance with the provisions of this chapter prior to the issuance of building permits, soil erosion and sediment control permits, grading permits, or any other permit where, in the opinion of the City Engineer, erosion can reasonably be expected to occur.

(c)

Soil Erosion and Sediment Control Plans shall include the measures required by this chapter. Additional measures or modifications of proposed measures may be required by the City Engineer prior to the approval of a Soil Erosion and Sediment Control Plan.

(d)

Authority. The City Engineer shall specify the application requirements for Soil Erosion and Sediment Control Plans and Permits including, but not limited to, the following.

(1)

Requirements for the submittal of plans and supporting data to accompany applications for Soil Erosion and Sediment Control Plans and/or Permits.

(2)

Licensing and/or certification requirements for those preparing Soil Erosion and Sediment Control Plan and/or Permit submittals.

(3)

The incorporation and coordination of Soil Erosion Control Plans and/or Permits with other plan requirements.

(e)

Exemptions. Applications for activities where the City Engineer recognizes that no land disturbance will take place shall not be required to include a Soil Erosion and Sediment Control Plan and/or Permit. Such activities may include, but are not limited to, the following.

(1)

Change of use permits where there would be no expansion of land-disturbing activities.

(2)

Construction within an existing structure.

§ 810.0225 Runoff control.

Runoff from activities subject to a development permit shall be properly controlled to prevent erosion. Erosion control and surface flow containment facilities shall be constructed and maintained to prevent discharge of sediment to surface waters or storm drainage systems. The following measures shall be used for runoff control, and shall be adequate to control runoff from a ten-year storm.

(a)

Where soils having a permeability rate of more than two inches per hour, runoff in excess of predevelopment levels shall be retained on the site by methods and in quantities approved by the City Engineer. This may be accomplished through the use of infiltration basins, percolation pits or trenches, or other suitable means. This requirement may be waived where the City Engineer determines that high groundwater, slope stability problems, etc. would inhibit or be aggravated by on-site retention, or where retention will provide no benefits for groundwater recharge or erosion control.

(b)

Where soils have a permeability rate of two inches per hour or less and on-site percolation is not feasible, runoff should be detained or dispersed over nonerodible vegetated surfaces so that the runoff rate does not exceed the predevelopment level. When the runoff rate must exceed the predevelopment level, the runoff water shall be discharged over nonerodible surfaces or at a velocity that will not erode. On-site detention shall be required by the City Engineer unless the applicant shows that the runoff which is created will not contribute to downstream erosion, flooding, or sedimentation.

(c)

Any concentrated runoff which cannot be effectively dispersed over nonerodible channels or conduits to the nearest drainage course shall be contained within on-site percolation devices. Where water will be discharged to natural ground or channels, appropriate energy dissipators shall be installed to prevent erosion at the point of discharge.

(d)

Runoff from disturbed areas shall be detained or filtered by berms, vegetated filter strips, catch basins, or other means as necessary to prevent the escape of sediment from the disturbed area.

(e)

No earth, organic, or construction material shall be deposited in or placed where it may be directly carried into a stream, lake, marsh, slough, lagoon, or body of water.

(f)

Where land-disturbing activities are in proximity to lakes or natural watercourses, a buffer zone is required along the land-water margin of sufficient width to confine visible siltation within 25% of the buffer zone nearest the land-disturbing activities.

§ 810.0230 Land clearing.

Land clearing shall be kept to a minimum. Vegetation removal shall be limited to that amount necessary for building, access, fire protection, and construction as shown on the approved Soil Erosion and Sediment Control Plan or as allowed by the City Engineer through a Soil Erosion and Sediment Control Permit.

(a)

All disturbed surfaces shall be prepared and maintained to control erosion and to establish vegetative growth compatible with the area. This control shall consist of any one or a combination of the following.

(1)

Effective temporary planting such as rye grass or some other fast-germinating native seed and/or mulching with straw, pine needles, chippings, or other slope stabilization material.

(2)

Permanent planting of compatible drought-resistant species of ground cover, shrubs, trees, or other vegetation.

(3)

Mulching, fertilizing, watering, or other methods necessary to establish new vegetation.

(b)

The protection required by this section shall be installed prior to calling for final approval of the project and at all times between October 15 and April 15. Such protection shall be maintained for at least one year or until permanent protection is established.

(c)

No land clearing activities except as otherwise allowed by this chapter shall take place prior to approval of the erosion control plan and/or permit. Vegetation removal between October 15 and April 15 shall not precede subsequent grading or construction activities by more than 15 days. During this period, erosion and sediment control measures shall be in place.

§ 810.0235 Winter operations.

(a)

The City Engineer shall only authorize the following between October 15 and April 15 when it is found that such projects comply with the provisions and are consistent with the purposes of this chapter.

(1)

Contiguous land clearing operations involving greater than one acre in a one-year period of time.

(2)

Major grading operations (greater than 100 cubic yards)

When construction will be delayed due to the limitation on winter operations, the date for expiration of the permit shall be extended by that amount of time that work is delayed by the requirements of this chapter.

(b)

The City Engineer and the City Planner shall stamp or attach the following statement to all development permits and plans issued within areas subject to the provisions of this chapter.

NOTICE: IF THE CONSTRUCTION ACTIVITY WILL EXTEND INTO THE WINTER OPERATIONS PERIOD (OCTOBER 15 THROUGH APRIL 15), ADDITIONAL SOIL EROSION AND SEDIMENT CONTROL MEASURES MAY BE REQUIRED.

ANY DEVELOPMENT PROJECT WHICH IS REQUIRED TO IMPLEMENT AN APPROVED SOIL EROSION CONTROL PLAN SHALL HAVE SUCH APPROVED PLAN AMENDED IF IT DOES NOT COMPLY WITH THE PROVISIONS ESTABLISHED FOR WINTER OPERATION BY SECTION 810.0535 OF THE YUCAIPA CODE. ALL REQUIRED WINTER OPERATION EROSION CONTROL DEVICES SHALL BE INSTALLED PRIOR TO OCTOBER 15 FOR ONGOING CONSTRUCTION PROJECTS AND PRIOR TO ANY CONSTRUCTION ACTIVITY FOR THOSE DEVELOPMENT PROJECTS COMMENCING BETWEEN OCTOBER 15 AND APRIL 15.

(c)

The following winter operation measures shall be taken to prevent accelerated erosion. Additional measures may be required by the City Engineer when determined to be necessary by field inspection.

(1)

Between October 15 and April 15, disturbed surfaces not involved in the immediate operation shall be protected by mulching or other effective means of soil protection.

(2)

All roads and driveways shall have drainage facilities sufficient to prevent erosion on or adjacent to the roadway or on downhill properties. Erosion-resistant surfacing may include, but is not limited to, slag, crushed rock, or natural soil when compacted to 90% of maximum density as determined by Test D1557-58T of the American Society for Testing and Materials for the top 12 inches.

(3)

Runoff from a site shall be detained or filtered by berms, vegetated filter strips, or catch basins to prevent the escape of sediment from the site. These drainage controls shall be maintained by the permittee or property owner as necessary to achieve their purpose throughout the life of the project.

(4)

Erosion control measures shall be in place at the end of each day’s work.

§ 810.0240 Continued responsibility.

It shall be the responsibility of the property owner and the permittee to ensure that accelerated erosion does not occur from any activity during and after project construction. Additional measures beyond those specified in an approved Soil Erosion and Sediment Control Plan may be required by the City Engineer as deemed necessary to control erosion after project completion.

§ 810.0245 Exemptions.

(a)

Conditions of accelerated erosion existing prior to adoption of this chapter are not exempted. The intent of this section is not to invalidate existing discretionary permits, but rather to prevent or mitigate accelerated erosion. The following work is exempted from all provisions of this chapter except Sections 810.0510, General Provisions, and 810.0520, Appeals.

(1)

Agriculture activities. Agricultural grading, routine agricultural activities such as plowing, harrowing, discing, ridging, listing, land planing, and similar operations to prepare a field for a crop, including routine clearing to maintain existing rangeland.

(2)

Timber harvesting. Work done pursuant to a valid timber harvest permit.

(3)

Quarrying. Quarrying done pursuant to a valid conditional use permit.

(4)

Septic systems and wells. Work done pursuant to a valid permit for septic system installation and repair or well drilling; however, subsections 810.0230 (b), Land Clearing, and 810.0235 (c), Winter Operations, shall apply, and sediment from these activities shall not be allowed to enter any stream or body of water.

(5)

Soil tests. Routine testing of soil type and characteristics to determine soil suitability, water percolation, or similar soil tests, provided, however, that sediment from these activities shall not be allowed to enter any stream, drainage course, or body of water.

(6)

Resource management. Clearing, fuel management, reforestation, erosion control, or other resource management programs carried out under the auspices of a government agency which include appropriate erosion control measures; agencies should notify the City Engineer of such projects.

(7)

Land clearing for fire protection. Land clearing and vegetation clearance around structures as required by State and local fire codes and fire prevention guidelines; land clearing exempted under the provisions of the subsection shall be limited to that required to comply with applicable fire codes and regulations.

(b)

Road construction and maintenance, as well as installation of utilities in accordance with plans and procedures approved by the City Engineer or his designated representative, are exempt from the provisions of this chapter, provided that adequate measures consistent with the intent of this chapter have been taken to control erosion and the flow of sediment into lakes, streams, and drainage courses.

§ 810.0250 Variances.

A request for a variance from the provisions of this chapter, the permit conditions, or the plan specifications may be approved, conditionally approved, or denied by the City Engineer. The City Engineer may refer any variance request filed in accordance with the provisions of this section to the appeal authority as defined in Section 810.0570. A request for a variance must state in writing the provision from which it is to be varied, the proposed substitute provisions, when it would apply, and its advantages. In granting a variance, the City Engineer shall be guided by the following criteria.

(a)

That there are special circumstances or conditions affecting the property.

(b)

That the variance is necessary for the proper design and/or function of a reasonable project for the property.

(c)

That adequate measures will be taken to ensure consistency with the purpose of this chapter.

§ 810.0260 Inspection and compliance.

The City Engineer shall conduct inspections to ensure compliance with this Chapter.

(a)

Inspection. The following inspections may be performed by the City Engineer.

(1)

Pre-site inspection. To determine the potential for erosion resulting from the proposed project.

(2)

Operation progress inspections to determine ongoing compliance.

(3)

Final inspection. To determine compliance with approved plans and specifications.

(b)

Notification. The permittee shall notify the City Engineer at least 24 hours prior to the start of the authorized work, and also nine business hours prior to any inspection requested by the permittee or the permittee’s authorized agent.

(c)

Right of entry. The filing of an application for a development permit constitutes a grant of permission for the City to enter the permit area for the purpose of administering this chapter from the date of the application to the termination of the erosion control maintenance period.

§ 810.0265 Applicable laws and regulations.

Any person doing work in conformance with this chapter must also abide by all other applicable local, State and Federal laws and regulations. Where there is a conflict with other pre-existing City regulations, that conflict shall be resolved before the project is allowed to proceed.

§ 810.0270 Appeals.

Any property owner or other person aggrieved or any person whose interests are adversely affected by any act or determination of the City Engineer under the provisions of this chapter or by any act or determination of any other authorized employee charged with the administration and enforcement of this chapter may appeal the act or determination to the Planning Commission.

§ 810.0275 Subject areas.

The provisions of this chapter shall apply to and be enforced in all areas within the Fire Safety (FR) Overlay District.

§ 810.0301 Statement of hazardous condition.

The Yucaipa City Council does hereby find and determine that there exists within the City serious and hazardous wind erosion problems creating conditions that affect the health, safety, welfare, and property of the residents of the City. These conditions exist because of the improper and untimely disturbance of the surface or subsurface of the land, the soil of which is coarse textured and of a sandy nature, and because of the character and the presence of strong prevailing winds, seasonal and otherwise, which progressively erode the land and blow it in substantial quantity onto public roads and other public and private property.

§ 810.0305 Enforcement.

The Community Development Director will be responsible for the enforcement of this chapter.

§ 810.0310 Permit requirement.

(a)

It shall be unlawful for any person, firm, or corporation, or any agent thereof who owns or is in possession or control of land to disturb the surface or subsurface of land by excavating, leveling, cultivating, discing, plowing, blading, removing residues, natural or planted, tree, vine or root crops, or by distributing or spreading a substantial quantity of similar soil on said land, or by any other action likely to cause or contribute to wind erosion of said land, or to aggravate said erosion thereon within the subject area at any time without first having obtained a valid permit therefore and having complied with the terms of said permit as provided for in this chapter.

(b)

It shall be unlawful for any person, firm, corporation, or any agent thereof who obtains a valid permit to fail to comply with the terms of said permit. A violation of the terms of this chapter or the permit may be found without present evidence of blowing sand or soil erosion.

§ 810.0315 Prevention of dust storms.

To conserve the natural resources within the area described in Section 810.0330 of this chapter and to minimize the injurious effects of dust storms, the owner and all persons in possession of real property within said area shall prevent dust blowing therefrom, as nearly as that can be done by the taking of reasonable measures and means.

§ 810.0320 Penalty for violations.

Unless otherwise provided, any person, firm, company, or corporation violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified, and each day or portion thereof such violation is in existence shall be a new and separate offense.

Any person so convicted shall be subject to the following.

(a)

They shall be guilty of an infraction offense and punished by a fine not exceeding $100 and not less than $50 for a first violation.

(b)

They shall be guilty of an infraction offense and punished by a fine not exceeding $200 and not less than $100 for a second violation.

(c)

The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $5,000 and not less than $500 or six months in jail, or both.

Notwithstanding the above, a first or second offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein provided shall not relieve a person, firm, corporation, or other entity from the responsibility of correcting the condition, resulting from the violation.

§ 810.0325 Authority to investigate, detain, and/or issue citation.

The Community Development Director and such persons as he or she designates shall have authority to, at all reasonable times, enter upon any property to investigate for violations of this Code, to detain for purposes of investigation or to issue a citation in conformance with relevant State law and of this jurisdiction to any person committing a misdemeanor or infraction offense in their presence, which is a violation of this Code.

§ 810.0330 Subject area.

The provisions of this chapter shall apply to any area included within the exterior City boundaries as determined by the Community Development Director with approval of the Planning Commission and City Council.

§ 810.0345 Permit.

(a)

Application. Application for the permit required by this chapter shall be made in writing to the Community Development Director on forms provided by the City for this purpose, and shall set forth such information required to enable the Community Development Director or his deputy to fix and prescribe appropriate conditions which will prevent or minimize wind erosion of the permittee’s soil.

(b)

Permit conditions. The permit shall be subject to such conditions as the Community Development Director may require which will assure that surface protection at or prior to the time of the disturbance of the surface or subsurface of the land is provided for, so as to prevent the soil on said land from being eroded by wind and blown onto public roads or other public or private property. Such protective measures as required by the Community Development Director shall be provided by means of agricultural measures or any other effective method or combination of methods of holding the soil in place as determined by the Planning Commission.

(c)

Appeal from denial of permit or permit conditions. Any applicant may appeal to the Planning Commission the decision of the Community Development Director in disapproving a permit as required herein, or the conditions of approval imposed by said Community Development Director. The appeal shall be taken in accordance with Section 810.0360 of this chapter.

(d)

Temporary stop work orders. The Community Development Director may issue a temporary stop work order, and the subject soil disturbing operation shall be stopped subject thereto, whether a permit has been issued or not when the following conditions exist.

(1)

A permit has been issued, but not all of the permit requirements have been complied with. The stop work order may require that all work cease until all the permit requirements have been met.

(2)

Operations are in progress, with a permit or not, and weather conditions are such that substantial dust is being carried into the air. The stop work order may require that all work cease until the current dust air pollution is abated.

(3)

Operations are in progress, regardless of weather conditions, and a soil disturbance permit has not been issued.

The provisions of this subsection (d) shall not be subject to an appeal.

§ 810.0350 Permit renewal.

The term of the permit shall run for one calendar year from date of issue. An annual renewal is required, as are the appropriate fees specified by the City Schedule of Fees.

§ 810.0355 Exemptions.

A permit will not be required to disturb the surface or subsurface of the land under the following circumstances; however, prevention of dust storms as stated in Section 810.0315, above, will still apply when the following conditions exist.

(a)

Such activities are required by another ordinance, statute, rule, or regulation.

(b)

It is necessary to grade, trench, or otherwise install, repair, or replace utility services within the boundaries of utility or public rights-of-way.

(c)

The disturbance or proposed activity is confined to an area of one acre or less.

(d)

A viticulturalist properly utilizes a Noble blade to control weed growth within a vineyard.

(e)

The soil disturbance occurs as an agricultural practice within an established Agricultural Preserve.

§ 810.0365 Annexation of additional area.

On the recommendation of the Community Development Director and with the approval of the City Council and Planning Commission, additional areas can be annexed to the area described in Section 810.0330, above, under the following conditions.

(a)

Conditions exist that are stated in Section 810.0301, above.

(b)

The area is contiguous to the area described in Section 810.0330, above.

§ 810.0370 Notice.

In case any land presents a hazardous condition that may affect the health, safety, and welfare of neighboring residents because of the condition of the land with regard to loose soil and windy conditions, the owners of record will be notified of such conditions. If these conditions are not corrected within 30 days, the Community Development Director may order such conditions to be corrected as reasonably and economically as possible in accordance with the discretion of the Community Development Director. However, when time is of the essence and emergency action is necessary to put into effect these protective provisions, the Community Development Director may take immediate steps to abate the hazardous soil erosion condition. The City Finance Director shall pay the cost of such compliance from the funds of the Community Development Director. The total cost of such compliance shall be computed, and an administrative fee of 20% of such cost shall be added thereto. A bill for the entire sum of the costs and administrative fee shall be mailed to the record owner of such land, and a copy shall be sent to the City Finance Director. The bill shall include an itemized statement covering the work necessary for such abatement of hazardous condition. If the record owner of the land or his agent does not pay the bill within 30 days after said mailing, the Community Development Director shall certify to the Finance Director the demands remaining unpaid on said bill, together with any information required by law in such cases. The City Finance Director shall cause the amount of the same to be entered on the tax roll as a special assessment and tax lien on the property from which abatement of hazardous condition was accomplished. The special assessment shall be included on the next succeeding tax statement. Thereafter, the amounts of the assessment shall be collected at the same time and in the same manner as taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquencies as provided in ordinary taxes. All or any portion of such special assessment, penalty, or costs entered shall on order of the City Council be canceled by the Finance Director if uncollected or refunded by the Treasurer under order of the City Council, if assessment, penalty, or costs were entered, charged or paid in the following manner:

(a)

More than once.

(b)

Through clerical error.

(c)

Through the error or mistake of the City Council or of the Community Development Director in respect to any material fact, including the case where the costs rendered show the City abated the land, but such was not the fact.

(d)

Illegally.

(e)

On property acquired after the lien by the State or any city, county, school district, or other political subdivision and because of this public ownership not subject to sale for delinquent taxes.

No order for refund under the foregoing shall be made except on a claim verified by the person who paid the special assessment or the representative of such person or his estate, and said claim is filed within three years after making the payment to be refunded.

§ 810.0401 Findings and purpose.

(a)

That the waters of the State are of limited supply and are subject to ever increasing demands;

(b)

That the continuation of California’s economic prosperity is dependent on the availability of adequate supplies of water for future uses;

(c)

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;

(d)

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; and

(e)

That landscape design, installation, maintenance and management can and should be water efficient; and

(f)

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.

(g)

Consistent with these findings, the purpose of this chapter is to:

(1)

Promote the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;

(2)

Establish a structure for planning, designing, installing, maintaining and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government and property owners to achieve the many benefits possible;

(3)

Establish provisions for water management practices and water waste prevention for existing landscapes;

(4)

Use water efficiently without waste by setting a Maximum Applied Water Allowance as an upper limit for water use and reduce water use to the lowest practical amount;

(5)

Promote the benefits of consistent landscape ordinances with neighboring local and regional agencies;

(6)

Establish economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and

(7)

Adopt the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0405 Applicability.

(a)

Except as provided in subsection (d), this chapter shall apply to all of the following landscape projects:

(1)

New construction 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 or landscape permit, plan check, or design review;

(3)

Existing landscapes limited to Sections 810.0495 and 810.0496; and

(4)

Cemeteries. Recognizing the special landscape management needs of cemeteries, new and rehabilitated cemeteries are limited to Sections 810.0425, 810.0460, and 810.0465; and existing cemeteries are limited to Sections 810.0495 and 810.0500.

(b)

Any project with an aggregate landscape area of 2,500 square feet or less may comply with the performance requirements of this chapter or conform to the prescriptive measures contained in Appendix B.

(c)

For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix B Section (5).

(d)

This chapter 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; or

(4)

Existing plant collections, as part of botanical gardens and arboretums open to the public.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0410 Definitions.

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

(a)

“Applied water”

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

(b)

“Automatic irrigation controller”

means 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.

(c)

“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.

(d)

“Certificate of Completion”

means the document required under Section 810.0450.

(e)

“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 U.S. Environmental Protection Agency’s WaterSense irrigation designer certification program and Irrigation Association’s Certified Irrigation Designer program.

(f)

“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 U.S. Environmental Protection Agency’s WaterSense irrigation auditor certification program and Irrigation Association’s Certified Landscape Irrigation Auditor program.

(g)

“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.

(h)

“Common interest developments”

means community apartment projects, condominium projects, planned developments, and stock cooperatives per California Civil Code Section 1351.

(i)

“Compost”

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

(j)

“Conversion factor (0.62)”

means the number that converts acre-inches per acre per year to gallons per square foot per year.

(k)

“Distribution uniformity”

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

(l)

“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.

(m)

“Ecological restoration project”

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

(n)

“Effective precipitation” or “usable rainfall” (Eppt)

means the portion of total precipitation which becomes available for plant growth.

(o)

“Emitter”

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

(p)

“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.

(q)

“Establishment period of the plants”

means the first year after installing the plant in the landscape or the first two years if 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.

(r)

“Estimated Total Water Use (ETWU)”

means the total water used for the landscape as described in Section 810.0425.

(s)

“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 plant 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.

(t)

“Evapotranspiration rate”

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

(u)

“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.

(v)

“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.

(w)

“Friable”

means a 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.

(x)

“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.

(y)

“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 dishwashers.

(z)

“Hardscapes”

means any durable material (pervious and non-pervious).

(aa)

“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.

(bb)

“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).

(cc)

“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.

(dd)

“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.

(ee)

“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 efficiency for purposes of this chapter are 0.75 for overhead spray devices and 0.81 for drip systems.

(ff)

“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.

(gg)

“Irrigation water use analysis”

means an analysis of water use data based on meter readings and billing data.

(hh)

“Landscape architect”

means a person who holds a license to practice landscape architecture in the state of California Business and Professions Code, Section 5615.

(ii)

“Landscape area”

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).

(jj)

“Landscape contractor”

means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems.

(kk)

“Landscape Documentation Package”

means the documents required under Section 810.0420.

(ll)

“Landscape project”

means total area of landscape in a project as defined in “landscape area” for the purposes of this chapter, meeting requirements under Section 810.0405.

(mm)

“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.

(nn)

“Lateral line”

means the water delivery pipeline that supplies water to the emitters or sprinklers from the valve.

(oo)

“Local water purveyor”

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

(pp)

“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.

(qq)

“Main line”

means the pressurized pipeline that delivers water from the water source to the valve or outlet.

(rr)

“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.

(ss)

“Maximum Applied Water Allowance (MAWA)”

means the upper limit of annual applied water for the established landscaped area as specified in Section 810.0425. 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)]

(tt)

“Median”

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

(uu)

“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.

(vv)

“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.

(ww)

“Mulch”

means any organic material such as leaves, bark, straw, compost, or inorganic mineral materials such as rocks, gravel, 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.

(xx)

“New construction”

means a new building with a landscape or other new landscape, such as a park, playground, or greenbelt without an associated building.

(yy)

“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.

(zz)

“Operating pressure”

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

(aaa)

“Overhead sprinkler irrigation systems” or “overhead spray irrigation systems”

means systems that deliver water through the air (e.g., spray heads and rotors).

(bbb)

“Overspray”

means the irrigation water which is delivered beyond the target area.

(ccc)

“Parkway”

means the area between a sidewalk and the curb or traffic lane. It may be planted or unplanted, and with or without pedestrian egress.

(ddd)

“Permit”

means an authorizing document issued by the City for new construction or rehabilitated landscapes.

(eee)

“Pervious”

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

(fff)

“Plant factor” or “plant water use factor”

is a factor that, when multiplied by ETo, estimates the amount of water needed by plants. For purposes of this chapter, 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 0.1 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.

(ggg)

“Project applicant”

means the individual or entity submitting a Landscape Documentation Package to request a permit, plan check, or design review from the City. A project applicant may be the property owner or designee.

(hhh)

“Rain sensor” or “rain sensing shutoff device”

means a component which automatically suspends an irrigation event when it rains.

(iii)

“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.

(jjj)

“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 or golf course tees, fairways, roughs, surrounds and greens.

(kkk)

“Recycled water,” “reclaimed water,” or “treated sewage effluent water”

means treated or recycled waste water of a quality suitable for nonpotable uses such as landscape irrigation and water features. This water is not intended for human consumption.

(lll)

“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, and is an estimate of the evapotranspiration of a large field of four-to seven-inch tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the Maximum Applied Water Allowances so that regional differences in climate can be accommodated.

(mmm)

“Rehabilitated landscape”

means any relandscaping project that requires a permit, plan check, or design review, meets the requirements of Section 810.0405, and the modified landscape area is equal to or greater than 2,500 square feet.

(nnn)

“Residential landscape”

means landscapes surrounding single-family or multifamily homes.

(ooo)

“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.

(ppp)

“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.

(qqq)

“Soil texture”

means the classification of soil based on its percentage of sand, silt, and clay.

(rrr)

“Special Landscape Area” (SLA)

means an area of the landscape dedicated solely to edible plants, recreational areas, areas irrigated with recycled water, or water features using recycled water.

(sss)

“Sprinkler head” or “spray head”

means a device which delivers water through a nozzle.

(ttt)

“Static water pressure”

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

(uuu)

“Station”

means an area served by one valve or by a set of valves that operate simultaneously.

(vvv)

“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.

(www)

“Submeter”

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

(xxx)

“Turf”

means a ground cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses.

(yyy)

“Valve”

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

(zzz)

“Water conserving plant species”

means a plant species identified as having a very low or low plant factor.

(aaaa)

“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.

(bbbb)

“Watering window”

means the time of day irrigation is allowed.

(cccc)

“WUCOLS”

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

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0415 Compliance with Landscape Documentation Package.

(a)

Prior to construction, the City shall:

(1)

Provide the project applicant with the ordinance and procedures for permits, plan checks or design reviews;

(2)

Review the Landscape Documentation Package submitted by the project applicant;

(3)

Approve or deny the Landscape Documentation Package;

(4)

Issue a permit or approve the plan check or design review for the project applicant; and

(5)

Upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

(b)

Prior to construction, the project applicant shall:

(1)

Submit a Landscape Documentation Package to the City.

(c)

Upon approval of the Landscape Documentation Package by the City, the project applicant shall:

(1)

Receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;

(2)

Submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or designee; and

(3)

Submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0420 Elements of the Landscape Documentation Package.

(a)

The Landscape Documentation Package shall include the following six elements:

(1)

Project information:

(A)

Date,

(B)

Project applicant,

(C)

Project address (if available, parcel and/or lot number(s)),

(D)

Total landscape area (square feet),

(E)

Project type (e.g., new, rehabilitated, public, private, cemetery, homeowner-installed),

(F)

Water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well,

(G)

Checklist of all documents in Landscape Documentation Package,

(H)

Project contacts to include contact information for the project applicant and property owner,

(I)

Applicant signature and date with statement, “I agree to comply with the requirements of the water efficient landscape ordinance and submit a complete Landscape Documentation Package”;

(2)

Water Efficient Landscape Worksheet:

(A)

Hydrozone information table,

(B)

Water budget calculations:

Maximum Applied Water Allowance (MAWA),

Estimated Total Water Use (ETWU);

(3)

Soil management report;

(4)

Landscape design plan;

(5)

Irrigation design plan; and

(6)

Grading design plan.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0425 Water Efficient Landscape Worksheet.

(a)

A project applicant shall complete the Water Efficient Landscape Worksheet in Appendix A which contains information on the plant factor, 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.

(b)

In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the following ETo values:

Jan	Feb	Mar	Apr	May	Jun	Jul	Aug	Sep	Oct	Nov	Dec	Annual ETo
2.0	2.3	3.4	4.4	6.1	7.1	7.6	7.9	6.0	3.9	2.6	1.7	55.0

(c)

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, from 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 their water use calculated as shown in Appendix A.

(4)

ETAF for new and existing (non-rehabilitated) Special Landscape Areas shall not exceed 1.0.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0430 Soil management report.

(a)

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, as follows:

(1)

Submit soil samples to a laboratory for analysis and recommendations.

(A)

Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

(B)

The soil analysis shall include:

Soil texture;

Infiltration rate determined by laboratory test or soil texture infiltration rate table;

pH;

Total soluble salts;

Sodium;

Percent organic matter; and

Recommendations.

(C)

In projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% will satisfy this requirement. Large landscape projects shall sample at a rate equivalent to 1 in 7 lots.

(2)

The project applicant, or designee, shall comply with one of the following:

(A)

If significant mass grading is not planned, the soil analysis report shall be submitted to the City as part of the Landscape Documentation Package; or

(B)

If significant mass grading is planned, the soil analysis report shall be submitted to the City as part of the Certificate of Completion.

(3)

The soil analysis report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.

(4)

The project applicant, or designee, shall submit documentation verifying implementation of soil analysis report recommendations to the City with the Certificate of Completion.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0435 Landscape design plan.

(a)

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

(1)

Plant material.

(A)

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. Methods to achieve water efficiency shall include one or more of the following:

Protection and preservation of native species and natural vegetation;

Selection of water-conserving plant, tree and turf species, especially local native plants;

Selection of plants based on local climate suitability, disease and pest resistance;

Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;

Selection of plants from local and regional landscape program plant lists; and

Selection of plants from local Fuel Modification Plan Guidelines.

(B)

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 810.0440(a)(2)(D).

(C)

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:

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;

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

Consider the solar orientation for plant placement to maximize summer shade and winter solar gain.

(D)

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 one foot of vertical elevation change for every four feet of horizontal length (rise divided by run x 100 = slope percent).

(E)

High water use plants, characterized by a plant factor of 0.7 to 1.0, are prohibited in street medians.

(F)

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.

(G)

The use of invasive plant species, such as those listed by the California Invasive Plant Council, is strongly discouraged.

(H)

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.

(A)

Recirculating water systems shall be used for water features.

(B)

Where available, recycled water shall be used as a source for decorative water features.

(C)

Surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation.

(D)

Pool and spa covers are highly recommended.

(3)

Soil preparation, mulch and amendments.

(A)

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.

(B)

Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected.

(C)

For landscape installations, 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 six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.

(D)

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 five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.

(E)

Stabilizing mulching products shall be used on slopes that meet current engineering standards.

(F)

The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

(G)

Organic mulch materials made from recycled or post-consumer shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances.

(b)

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;

(4)

Identify areas permanently and solely dedicated to edible plants;

(5)

Identify areas irrigated with recycled water;

(6)

Identify type of mulch and application depth;

(7)

Identify soil amendments, type, and quantity;

(8)

Identify type and surface area of water features;

(9)

Identify hardscapes (pervious and non-pervious);

(10)

Identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan;

(11)

Identify any applicable rain harvesting or catchment technologies as discussed in Section 810.0485 and their 24-hour retention or infiltration capacity;

(12)

Identify any applicable graywater discharge piping, system components and area(s) of distribution;

(13)

Contain the following statement: “I have complied with the criteria of the ordinance and applied them for the efficient use of water in the landscape design plan”; and

(14)

Bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0440 Irrigation design plan.

(a)

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. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.

(1)

System.

(A)

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 square feet but not more than 5,000 square feet and residential irrigated landscapes of 5,000 square feet or greater. A landscape water meter may be either:

A customer service meter dedicated to landscape use provided by the local water purveyor; or

A privately owned meter or submeter.

(B)

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.

(C)

If the water pressure is below or exceeds the recommended pressure of the specified irrigation devices, the installation of a pressure regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.

If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system.

Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.

(D)

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.

(E)

Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a main line break) or routine repair.

(F)

Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system. A project applicant shall refer to the applicable City code for additional backflow prevention requirements.

(G)

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 5,000 square feet or larger.

(H)

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.

(I)

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, such as adjacent property, non-irrigated areas, hardscapes, roadways, or structures.

(J)

Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.

(K)

The design of the irrigation system shall conform to the hydrozones of the landscape design plan.

(L)

The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 810.0425 regarding the Maximum Applied Water Allowance.

(M)

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.

(N)

It is highly recommended that the project applicant 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.

(O)

In mulched planting areas, the use of low volume irrigation is required to maximize water infiltration into the root zone.

(P)

Sprinkler heads and other emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.

(Q)

Head to head coverage is recommended. However, sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

(R)

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.

(S)

Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.

(T)

Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no runoff or overspray.

(U)

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:

The landscape area is adjacent to permeable surfacing and no runoff occurs; or

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscaping; or

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 810.0440(a)(1)(I). Prevention of overspray and runoff must be confirmed during the irrigation audit.

(V)

Slopes greater than 25% shall not be irrigated with an irrigation system with an 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.

(2)

Hydrozone.

(A)

Each valve shall irrigate a hydrozone with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use.

(B)

Sprinkler heads and other emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.

(C)

Where feasible, trees shall be placed on separate valves 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.

(D)

Individual hydrozones that mix plants of moderate and low water use, or moderate and high water use, may be allowed if:

Plant factor calculation is based on the proportions of the respective plant water uses and their plant factor; or

The plant factor of the higher water using plant is used for calculations.

(E)

Individual hydrozones that mix high and low water use plants shall not be permitted.

(F)

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.

(b)

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 810.0475;

(6)

The following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and

(7)

The signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0445 Grading design plan.

(a)

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the Landscape Documentation Package. A comprehensive grading plan prepared by a civil engineer for other City permits satisfies this requirement.

(1)

The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including:

(A)

Height of graded slopes;

(B)

Drainage patterns;

(C)

Pad elevations;

(D)

Finish grade; and

(E)

Stormwater retention improvements, if applicable.

(2)

To prevent excessive erosion and runoff, it is highly recommended that project applicants:

(A)

Grade so that all irrigation and normal rainfall remains within property lines and does not drain onto non-permeable hardscapes;

(B)

Avoid disruption of natural drainage patterns and undisturbed soil; and

(C)

Avoid soil compaction in landscape areas.

(3)

The grading design plan shall contain the following statement: “I have complied with the criteria of the ordinance and applied them accordingly for the efficient use of water in the grading design plan” and shall bear the signature of a licensed professional as authorized by law.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0450 Certificate of Completion.

(a)

The Certificate of Completion, a sample of which is available through the City, shall include the following six elements:

(1)

Project information sheet that contains:

(A)

Date,

(B)

Project name,

(C)

Project applicant name, telephone, and mailing address,

(D)

Project address and location, and

(E)

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:

(A)

Where there have been significant changes made in the field during construction, these “as-built” or record drawings shall be included with the certification,

(B)

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;

(4)

Landscape and irrigation maintenance schedule;

(5)

Irrigation audit report; and

(6)

Soil analysis report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations.

(b)

The project applicant shall:

(1)

Submit the signed Certificate of Completion to the City for review;

(2)

Ensure that copies of the approved Certificate of Completion are submitted to the local water purveyor and property owner or designee.

(c)

The City 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 shall provide information to the project applicant regarding reapplication, appeal, or other assistance.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0455 Irrigation scheduling.

(a)

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. If allowable hours of irrigation differ from the local water purveyor, the stricter of the two shall apply. 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:

(A)

The plant establishment period;

(B)

The established landscape; and

(C)

Temporarily irrigated areas.

(5)

Each irrigation schedule shall consider for each station all of the following that apply:

(A)

Irrigation interval (days between irrigation);

(B)

Irrigation run times (hours or minutes per irrigation event to avoid runoff);

(C)

Number of cycle starts required for each irrigation event to avoid runoff;

(D)

Amount of applied water scheduled to be applied on a monthly basis;

(E)

Application rate setting;

(F)

Root depth setting;

(G)

Plant type setting;

(H)

Soil type;

(I)

Slope factor setting;

(J)

Shade factor setting; and

(K)

Irrigation uniformity or efficiency setting.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0460 Landscape and irrigation maintenance schedule.

(a)

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the Certificate of Completion.

(b)

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.

(c)

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

(d)

A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0465 Irrigation audit, irrigation survey, and irrigation water use analysis.

(a)

All landscape irrigation audits shall be conducted by a City landscape irrigation auditor or a third party certified landscape irrigation auditor. Landscape audits shall not be conducted by the person who designed the landscape or installed the landscape.

(b)

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.

(c)

For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 810.0405, the project applicant shall submit an irrigation audit report with the Certificate of Completion to the City 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.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0470 Irrigation efficiency.

For the purpose of determining Estimated Total Water Use, average irrigation efficiency is assumed to be 0.75 for overhead spray devices and 0.81 for drip system devices.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0475 Recycled water.

(a)

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

(b)

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

(c)

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.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0480 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) and any applicable City standards.

(Ord. 338 § 1, 2015)

§ 810.0485 Stormwater management and rainwater retention.

(a)

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.

(b)

Project applicants shall refer to the City or Regional Water Quality Control Board for information on any applicable stormwater technical requirements.

(c)

All planted landscape areas are required to have friable soil to maximize water retention and infiltration.

(d)

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: (1) the one-inch, 24-hour rain event; or (2) the 85th percentile, 24-hour rain event, and/or additional capacity as required by any applicable local, regional, State or Federal regulation.

(e)

It is recommended that storm water projects incorporate any of the following elements to improve on-site stormwater 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)

Incorporate 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 stormwater 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.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0490 Public education.

(a)

Publications. The City will 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.

(b)

Model homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this chapter.

(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 others that contribute to the overall water efficient theme. Signage shall include information about the site water use as designed per this chapter; 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, and maintaining water efficient landscapes.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0495 Existing landscaping: Irrigation audit, irrigation survey, and irrigation water use analysis.

(a)

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

(1)

For all landscapes that have a water meter, the City shall administer programs that may include, but not be limited to, irrigation water use analyses, 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 landscapes that do not have a meter, the City 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.

(b)

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

§ 810.0496 Water waste prevention. [1]

(a)

Runoff shall not leave the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures.

(b)

Restrictions regarding overspray and runoff 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.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

[1]

Editor's note—Renumbered; previously included as 810.0500.

§ 810.0497 Effective Precipitation. [1]

The City 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.

(Ord. 338 § 1, 2015)

[1]

Editor's note—Renumbered; previously included as 810.0505.

§ 810.0498 Appendices. [1]

All references in this chapter to Appendix A and Appendix B are to the uncodified appendices adopted by Ordinance No. 338.

(Ord. 338 § 1, 2015; Ord. 293 § 3, 2009)

[1]

Editor's note—Renumbered; previously included as 810.0510.

§ 810.0501 Authority and purpose.

The purpose of this chapter is to establish standards for the approval, installation, and operation of onsite wastewater treatment systems (OWTS) within the City of Yucaipa, consistent with the appropriate California Regional Water Quality Control Board (RWQCB) standards and basin plans. The standards are adopted to prevent the creation of health hazards and nuisance conditions and to protect surface and groundwater quality. The City has prepared a Local Agency Management Program (LAMP) for OWTS permitting and regulation throughout the City, and that program has been approved by the California Regional Water Quality Control Board for the Santa Ana Region.

(Ord. 379 § 1, 2019)

§ 810.0505 Onsite Wastewater Treatment Systems.

Installation and replacement of onsite wastewater treatment systems shall be in accordance with and conform to the City of Yucaipa Local Agency Management Program for Onsite Wastewater Treatment Systems as adopted by resolution of the City Council, and as may be amended from time to time.

(Ord. 379 § 1, 2019)

Yucaipa City Zoning Code

Division DC10

§ 810.0101 Intent.

§ 810.0110 Scope.

§ 810.0115 Conditional Use Permit and Reclamation Plan required.

§ 810.0120 Review procedures.

§ 810.0125 Periodic review.

§ 810.0130 Enforcement.

§ 810.0135 Appeal.

§ 810.0201 Purpose.

§ 810.0205 Scope.

§ 810.0210 General provisions.

§ 810.0215 Project design considerations.

§ 810.0220 Soil Erosion and Sediment Control Plan.

§ 810.0225 Runoff control.

§ 810.0230 Land clearing.

§ 810.0235 Winter operations.

§ 810.0240 Continued responsibility.

§ 810.0245 Exemptions.

§ 810.0250 Variances.

§ 810.0260 Inspection and compliance.

§ 810.0265 Applicable laws and regulations.

§ 810.0270 Appeals.

§ 810.0275 Subject areas.

§ 810.0301 Statement of hazardous condition.

§ 810.0305 Enforcement.

§ 810.0310 Permit requirement.

§ 810.0315 Prevention of dust storms.

§ 810.0320 Penalty for violations.

§ 810.0325 Authority to investigate, detain, and/or issue citation.

§ 810.0330 Subject area.

§ 810.0345 Permit.

§ 810.0350 Permit renewal.

§ 810.0355 Exemptions.

§ 810.0365 Annexation of additional area.

§ 810.0370 Notice.

§ 810.0401 Findings and purpose.

§ 810.0405 Applicability.

§ 810.0410 Definitions.

§ 810.0415 Compliance with Landscape Documentation Package.

§ 810.0420 Elements of the Landscape Documentation Package.

§ 810.0425 Water Efficient Landscape Worksheet.

§ 810.0430 Soil management report.

§ 810.0435 Landscape design plan.

§ 810.0440 Irrigation design plan.

§ 810.0445 Grading design plan.

§ 810.0450 Certificate of Completion.

§ 810.0455 Irrigation scheduling.

§ 810.0460 Landscape and irrigation maintenance schedule.

§ 810.0465 Irrigation audit, irrigation survey, and irrigation water use analysis.

§ 810.0470 Irrigation efficiency.

§ 810.0475 Recycled water.

§ 810.0480 Graywater systems.

§ 810.0485 Stormwater management and rainwater retention.

§ 810.0490 Public education.

§ 810.0495 Existing landscaping: Irrigation audit, irrigation survey, and irrigation water use analysis.

§ 810.0496 Water waste prevention. [1]

§ 810.0497 Effective Precipitation. [1]

§ 810.0498 Appendices. [1]

§ 810.0501 Authority and purpose.

§ 810.0505 Onsite Wastewater Treatment Systems.