2009-61 Landscape Water Use ORDINANCE NO. 2009-61
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,ADDING
CHAPTER 15.04 TO THE MENIFEE MUNICIPAL CODE ESTABLISHING
LANDSCAPE WATER USE EFFICIENCY REQUIREMENTS AND REPEALING
RIVERSIDE COUNTY ORDINANCE NO. 859
The City Council of the City of Menifee does ordain as follows:
SECTION 1. INTENT. It is the intent of the City Council in adopting this Ordinance to:
A. To implement the requirements to meet the California Water Conservation in
Landscaping Act 2006 and California Code of Regulations Title 23, Division 2,
Chapter 2.7.
B. Establish provisions for water management practices and water waste prevention.
C. Establish a structure for planning, designing,installing,maintaining, and managing
water efficient landscapes in new construction and rehabilitated projects.
D. To reduce the water demands from landscapes without a decline in landscape quality
or quantity.
E. To retain flexibility and encourage creativity through appropriate design.
F. To assure the attainment of water-efficient landscape goals by requiring that
landscapes not exceed a maximum water demand of seventy percent(70%) of its
reference evapotranspiration(ETo) or any lower percentage as may be required by
water purveyor policy or state legislation, whichever is stricter.
G. To eliminate water waste from overspray and/or runoff.
H. To achieve water conservation by raising the public awareness of the need to
conserve water through education and motivation to embrace an effective water
demand management program.
I. This ordinance continues the standards developed in Riverside County Ordinance No.
859 and as recommended for Countywide adoption by the Riverside County Water
Task Force, a group representing governmental as well as private interests.
SECTION 2. CHAPTER 15.04 is added to the Menifee Municipal Code to read as follows:
Chapter 15.04
Landscape Water Use Efficiency Requirements
Section
15.04.010 Definitions.
15.04.020 Application of Chapter.
15.04.030 Exemptions.
15.04.040 Recycled Water.
15.04.050 Documentation Requirements.
15.04.060 Landscape Irrigation and Maintenance.
City of Menifee
Ordinance No. 2009-61 Water Efficient Landscape
15.04.010 Definitions. The terms used in this ordinance have the meanings set forth below:
(a) `Backfilling" means to refill an excavation, usually with excavated material.
(b) "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.
(c) "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 the sprinkler heads when the system is off.
(d) "Established landscape"means the point at which plants in the landscape have
developed significant root growth into the site,typically,one or two years of growth.
(e) `Estimated Annual Water Use"or"EAWU"means estimated total water use per year
as calculated by the formula contained in Section 15.04.050 (b) (12).
(f) "Hydrozone"means a portion of the landscaped area having plants with similar water
needs. A hydrozone may be irrigated or non-irrigated.
(g) "Invasive species"are non-indigenous species(e.g.,plants or animals)that adversely
affect the habitats they invade economically,environmentally,or ecologically,as set
out in the Western Riverside County Multi-Species Habitat Conservation Plan and as
designated by the City.
(h) "Landscape architect"means a person who holds a license to practice landscape
architecture in the State of California as set out in Government Code Section 5615.
(i) "Landscaped area" or "LA"means all of the planting areas, turf areas, and water
features in a landscape design plan subject to the Maximum Applied Water
Allowance(MAWA)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 impervious hardscapes,and other non-irrigated areas
designated for non-development(e.g., open spaces and existing native vegetation).
(j) "Local water purveyor"means any entity,including a public agency or private water
company that provides retail water service to customers in the City.
(k) "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.
(1) "Maximum Applied Water Allowance"or"MAWA"means the upper limit of annual
applied water allowed for the established landscaped area.
(m) "Overhead sprinkler irrigation systems"means systems that deliver water through the
air(e.g., pop ups, impulse sprinklers, spray heads and rotors, etc.).
(n) "Reference evapotranspiration" or"ETo"means a standard measurement of
environmental parameters which affect the water use of plants.ET,is given in inches
per day, month, or year. Reference evapotranspiration is used as the basis of
determining the Maximum Applied Water Allowances so that regional differences in
climate can be accommodated.Reference evapotranspiration numbers shall be taken
from the most current EvapoTranspiration Zones Map by the California Department
of Water Resources.
(o) "Rehabilitated landscapes"means any re-landscaping project that requires a permit,
plan check, or design review, and/or would fall within Section 15.04.020.
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Ordinance No. 2009-61 Water Efficient Landscape
(p) "Special landscape area"means an area of the landscape dedicated to edible plant,
areas irrigated with recycled water, or publicly accessible areas dedicated to active
play such as parks, sports fields, golf courses,or similar areas where turf provides a
playing field or where turf is needed for high traffic activities.
(q) "Temporarily irrigated"means irrigation for the purposes of establishing plants, or
irrigation which will not continue after plant establishment and which is for a period
of six months or less.
(r) "Water intensive landscaping"means a landscape with a WUCOLS plant factor of 0.7
or greater.
(s) "WUCOLS"means the publication entitled"Water Use Classification of Landscape
Species"by the University of California Cooperative Extension(1999 or most current
version).
15.04.020. Application of Chapter. The water-efficient landscape requirements contained in
this Chapter apply as follows:
(a) to existing properties with landscape areas one acre or greater in size.
(b) or properties served by a dedicated landscape irrigation meter.
(c) to all new construction landscapes not installed on or after January 1, 2010, when
such landscapes are homeowner-provided and or homeowner-hired in single-family
and multi-family projects with a total project landscape area equal to or greater than
5,000 square feet requiring a building or landscape permit,plan checks or design
review and/or all other landscape projects with a landscape area equal to or greater
than 2,500 square feet subject to discretionary permits,plan checks,design reviews,
and/or approvals.
(d) to those sections of this Chapter as otherwise provided.
(e) to existing cemeteries only as to Section 15.04.080.
(f) to new or rehabilitated cemeteries only as to Sections 15.04.060 (a)through(c).
15.04.030 Exemptions. The following are exempt from the provisions of this Chapter:
(a) Any project with a total landscaped area less than 2,500 square feet.
(b) Registered local, state or federal historical sites.
(c) Ecological restoration projects that do not require a permanent irrigation system and
have an establishment period of less than 3 years.
(d) Mined-land reclamation projects that do not require a permanent irrigation system.
(e) Botanical gardens and arboretums open to the public.
15.04.040. Recycled Water. Use of recycled or reclaimed water is encouraged.
(a) An applicant proposing any new landscape that is subject to this Chapter as provided
in Section 15.04.020 and designated for recycled water use,is advised that recycled
water irrigation systems will entail additional coordination with the local water
purveyor,the land use agency and the maintenance entity's standards,approvals,and
implementation requirements.Therefore,applicants shall consult with the appropriate
water purveyor early in the development review process to ensure that future recycled
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Ordinance No. 2009-61 Water Efficient Landscape
water facilities meet the projected demand and that subsequent landscape plans
comply with the applicable standards,approvals,and implementation requirements of
the local water purveyor, land use agency, and maintenance entity.
(b) Water systems for common open space areas shall use non-potable water if approved
facilities are made available by the water purveyor. Provisions for a non-potable
water system shall be provided within the landscape plan.Water systems designed to
utilize non-potable water shall be designed to meet all applicable standards of the
California Regional Water Quality Control Board and the Riverside County Health
Department.
15.04.050 Documentation Requirements.
An applicant proposing any new or rehabilitated landscape to which this Chapter applies
shall prepare and submit to the Community Development Director the following documentation
along with a fee as determined by Resolution of the City Council.
(a) Project Information:
1. Date of submission ;
2. Applicant and applicant contact information;
3. Project owner and contact information;
4. Project address including parcel and lot numbers;
5. Total landscape area in square feet;
6. Project type (e.g., new, rehabilitated,public, private);
7. Water supply(e.g., potable, well, recycled);
8. Applicant signature and date with statement"I agree to comply with the
requirements of Chapter 15.04 and submit a complete Landscape
Documentation Package";
9. Information regarding recycled water,if any,as set out in Section 15.04.040.
(b) A Planting Plan shall meet the following requirements:
1. The "Riverside County Guide to California Friendly Landscaping";
(Landscaping Guide) shall be used to assist with developing water efficient
landscapes;
2. Plant types shall be grouped together in regards to their water, soil, sun and
shade requirements and in relationship to the buildings.Plants with different
water needs shall be irrigated separately. Plants with the following
classifications shall be grouped accordingly: high and moderate, moderate
and low, low and very low. Deviation from these groupings shall not be
permitted;
3. Trees for shade shall be provided for residential, commercial and industrial
buildings,parking lots and open space areas.These trees can be deciduous or
evergreen and are to be incorporated to provide natural cooling opportunities
for the purpose of energy and water conservation;
4. Plants shall be placed in a manner considerate of solar orientation to maximize
summer shade and winter solar gain;
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Ordinance No. 2009-61 Water Efficient Landscape
5. Plant selection 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 Public Resources Code Section 4291 (a) and (b). Fire-prone
plant materials and highly flammable mulches shall be avoided;
6. Invasive species of plants shall be avoided especially near parks, buffers,
greenbelts, water bodies, and open spaces because of their potential to
cause harm in to environmentally sensitive areas,
7. All exposed surfaces of non-turf areas within the developed landscape area
shall be mulched with a minimum three inch(3")layer of material,except in
areas with groundcover planted from flats where mulch depth shall be one
and one half inches (1 %z");
8. Stabilizing mulching products shall be used on slopes;
9. Turf areas shall be used in response to functional needs and in compliance
with the water budget;
10. Decorative water features shall use recirculating water systems;
11. Where available,recycled water shall be used as the source for irrigation and
decorative water features;
12. Identify and site the following:
a. New and existing trees, shrubs, ground covers, and turf areas within
the proposed landscape area;
b. Planting legend indicating all plant species by botanical name and
common name, spacing, and quantities of each type of plant by
container size;
C. Designation of hydrozones;
d. Area, in square feet, devoted to landscaping and a breakdown of the
total area by landscape hydrozones;
e. Property lines, streets, and street names;
f. Building locations driveways, sidewalks, retaining walls, and other
hardscape features;
g. Appropriate scale and north arrow;
h. Any special landscape areas;
i. Type of mulch and application depth;
j. Type and surface area of any water features;
k. Type and installation details of any applicable stormwater best
management practices;
1. Planting specifications and details, including the recommendations
from the soils analysis, if applicable;
in. Maximum Applied Water Allowance:
i. Planting Plans shall be prepared using the following Water
Budget Formula:
MAWA (in gallons)= (ETo)(0.62)[0.7 x LA+0.3 x SLA]
Where
ETo, is reference evapotranspiration
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Ordinance No. 2009-61 Water Efficient Landscape
SLA is the amount of special landscape area in square feet
LA is total landscape area(including the SLA)in square feet
ii. For the purposes of determining the Maximum Applied Water
Allowance,average irrigation efficiency is assumed to be 0.71.
Irrigation systems shall be designed, maintained, and
managed to meet or exceed an average irrigation efficiency of
0.71.
n. Estimated Annual Water Use (EAWU):
i. EAWU for a given hydrozone is calculated as follows:
EAWU(in gallons) _(ETo)(0.62)[((PFxHA)11E) +SLA]
where
ETo, is reference evapotranspiration PF is Plant Factor
HA is hydrozone area in square feet
IE is irrigation efficiency(minimum 0.71)
SLA is the amount of special landscape area in square feet;
ii. Landscaping plans shall provide EAWU(in the same units as
the MAWA)for each valve circuit in the irrigation hydrozone.
The sum of all EAWU calculations shall not exceed the
MAWA for the project;
iii. The plant factor used shall be from WUCOLS.The plant factor
for low water use plants range from 0 to 0.3, for moderate
water use plants range from 0.4 to 0.6,and for high water use
plants range from 0.7 to 1.0;
iv. The 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;
V. The surface area of a water features shall be included in the
high water use hydrozone area of the water budget calculation
and temporarily irrigated areas in the low water use
hydrozone.
13. Planting Plans and Irrigation Plans (subsection (c)below) shall be drawn at
the same size and scale.
14. The Planting Plan shall be prepared by a Landscape Architect licensed by the
State of California.
(c) Irrigation Plans shall meet the following requirements:
1. The "Riverside County Guide to California Friendly Landscaping"
(Landscaping Guide) shall be used to assist the applicant in designing,
constructing, and maintaining an efficient irrigation system.
2. Irrigation systems shall be designed, maintained, and managed to meet or
exceed an average irrigation efficiency of 0.71.
3. All irrigation systems shall be designed to prevent runoff,over-spray,towhead
drainage and other similar conditions where water flows off site onto adjacent
property,non-irrigated areas,walk,roadways,or structures.Irrigation systems
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Ordinance No. 2009-61 Water Efficient Landscape
shall be designed,constructed,managed,and maintained to achieve as high an
overall efficiency as possible. The irrigation system shall be designed to
ensure that the dynamic pressure at each emission device is within the
manufacturer's recommended pressure range for optimal performance.
4. Landscaped areas shall be provided with a smart irrigation controller which
automatically adjusts the frequency and/or duration of irrigation events in
response to changing weather conditions unless the use of the property
otherwise prohibits use of a timer. The planting areas shall be grouped in
relation to moisture control zones based on similarity of water requirements
(i.e.,turf separate from shrub and groundcover, full sun exposure areas
separate from shade areas,top of slope separate from toe of slope).Additional
Additional water conservation technology may be required,where necessary,
at the at the discretion of the Planning Director.
5. Water systems for common open space areas shall use non-potable water, if
approved facilities are made available by the water purveyor. Provisions for
the conversion to a non-potable water system shall be provided within the
landscape plan.Water systems designed to utilize non-potable water shall be
designed to meet all applicable standards of the California Regional Water
Quality Control Board and the Riverside County Health Department.
6. Separate valves shall be provided for separate water use planting areas,so that
plants with similar water needs are irrigated by the same irrigation valve.All
installations shall rely on highly efficient state of the art irrigation systems to
eliminate runoff and maximize irrigation efficiency as required by the
Landscaping Guide.
7. Static water pressure,dynamic or operating pressure and flow reading of the
water supply shall be measured.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 the installation.
8. The capacity of the irrigation system shall not exceed:
a. the capacity required for peak water demand based on water budget
calculations;
b. meter capacity; or
C. backflow preventer type and device capacity;
9. Sprinkler heads and other emission devices shall have matched precipitation
rates, unless otherwise directed by the manufacturer.
10. In mulched planting areas,the use of low volume irrigation is required to
maximize water infiltration into the root zone.
11. Non-turf areas on slopes greater than 25% shall be irrigated with drip
irrigation or other low volume irrigation technology.
12. Long-narrow,or irregularly shaped areas including turf less than eight(8)feet
in width in any direction shall be irrigated with subsurface irrigation or low-
volume irrigation technology.
13. Overhead irrigation shall not be permitted within 24 inches of any
non-permeable surface. There are no restrictions on the irrigation system
type if the landscape area is adjacent to permeable surfacing and no
overspray and runoff occurs.
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Ordinance No. 2009-61 Water Efficient Landscape
14. Overhead irrigation shall be limited to the hours of 8 p.m. to 9 a.m.
15. All irrigation systems shall be equipped with the following:
a. A smart irrigation controller as defined in Section 4.C.4 of this
Ordinance;
b. A rain sensing device to prevent irrigation during rainy weather;
C. Anti-drain check valves installed at strategic points to minimize or
prevent low-head drainage;
d. A manual shut-off 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 or routine repair;
e. A pressure regulator when the static water pressure is above or below
the recommended operating pressure of the irrigation system;
f. Backflow prevention devices; and
g. Riser protection components for all risers in high traffic areas;
16. Dedicated landscape meters shall be required for all projects greater than
5,000 sq. ft. except single-family residences.
17. Irrigation Design Plans shall identify and site the following:
a. Hydrozones;
i. Each hydrozone shall be designated by number,letter or other
designation;
ii. A Hydrozone Information Table shall be prepared for each
hydrozone;
b. The areas irrigated by each valve;
C. Irrigation point of connection(POC) to the water system;
d. Static water pressure at POC;
e. Location and size of water meter(s), service laterals, and backflow
preventers;
f. Location, size, and type of all components of the irrigation system,
including automatic controllers, main and lateral lines,valves,
sprinkler heads and nozzles,pressure regulator,drip and low volume
irrigation equipment;
g. Total flow rate (gallons per minute), and design operating pressure
(psi)for each overhead spray and bubbler circuit, and total flow rate
(gallons per hour)and design operating pressure(psi)for each drip and
low volume irrigation circuit;
h. Precipitation rate (inches per hour) for each overhead spray circuit;
i. Irrigation legend with the manufacturer name, model number, and
general description for all specified equipment,separate symbols for
all irrigation equipment with different spray patterns,spray radius,and
precipitation rate;
j. Irrigation system details for assembly and installation;
k. Recommended irrigation schedule for each month,including number
of irrigation days per week, number of start times (cycles)per day,
minutes of run time per cycle, and estimated amount of applied
irrigation water,expressed in gallons per month and gallons per year,
for the established landscape; and
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Ordinance No. 2009-61 Water Efficient Landscape
1. Irrigation Design Plans shall contain the following statement,"I agree
to comply with the criteria of the ordinance and to apply them for the
efficient use of water in the Irrigation Design Plan"
18. For each valve,two irrigation schedules shall be prepared, one for the initial
establishment period of six months and one for the established landscape,
which incorporate the specific water needs of the plants and turf throughout
the calendar year.
19. Irrigation Plans and Planting Plans (subsection(b) above) shall be drawn at
the same size and scale.
(d) Soil Management Plan Requirements.
1. After mass grading, the project applicant or his/her designee shall:
a. perform a preliminary site inspection;
b. determine the appropriate level of soil sampling and sampling method
needed to obtain representative soil sample(s);
C. conduct a soil probe test to determine if the soil in the landscape area
has sufficient depth to support the intended plants; and
d. obtain appropriate soil sample(s).
2. The project applicant or his/her designee shall submit soil sample(s)to
laboratory for analysis and recommendation. The soil analysis may include:
a. soil texture;
b. infiltration rate determined by laboratory test or soil texture infiltration
rate tables;
C. pH;
d. total soluble salts;
e. sodium; and
f. recommendations.
3. The project applicant or his/her designee shall prepare documentation
describing the following:
a. soil type;
b. identification of limiting soil characteristics;
C. identification of planned soil management actions to remediate
limiting soil characteristics; and
d. Submit the soil analysis report and documentation verifying
implementation of soil analysis report recommendations to the
City/County pursuant to the requirements of Section 6.0 Certificate of
Completion.
(e) Grading Design Plan Requirements, if applicable.
1. The Landscape Documentation Package shall include rough/precise grade
elevations prepared for the project by a licensed civil engineer.
15.04.060. Landscape Irrigation and Maintenance.
This section applies to all landscape projects subject to this ordinance.
(a) The"Riverside County Guide to California Friendly Landscaping" (Landscaping
Guide)shall be used to assist the applicant in implementing landscape maintenance to
ensure water use efficiency.
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Ordinance No. 2009-61 Water Efficient Landscape
(b) Two irrigation schedules shall be prepared,one for the initial establishment period of
six months and one for the established landscape, which incorporate the specific
water needs of the plants and turf throughout the calendar year. The irrigation
schedule shall take into account the particular characteristics of the soil; shall be
continuously available on site to those responsible for the landscape maintenance;and
shall contain specifics as to optimum run time and frequency of watering, and
irrigation hours per day. The schedule currently in effect shall be posted at the
controller.
(c) A regular maintenance schedule and Certificate of Completion shall be submitted to
the Community Development Director, property owner, and water purveyor. A
regular maintenance schedule shall include,but not be limited to,routine inspection,
adjustments, and repair of the irrigation system and its components; aerating and
dethatching turf areas; replenishing mulch; fertilizing; pruning, weeding in all
landscape areas and removing any obstruction to irrigation devices. Repair of all
irrigation equipment shall be done with the originally installed components or
equivalent.
(d) All model homes that are landscaped shall use signs and written information to
demonstrate the principles of water efficient landscapes described in this ordinance.
(e) Information shall be provided to owners of new, single-family residential homes
regarding the design, installation, management, and maintenance of water efficient
landscapes.
15.04.070. Compliance/Plan Submittal Process. The Community Development Director or
designee shall have the duty and authority to administer and enforce this ordinance.
(a) As part of the land development process and prior to construction,the City
shall:
1. Provide the project applicant with the applicable Municipal Code provisions
ordinance and procedures for permits, plan checks, or design reviews;
2. Review the Landscape Documentation Package submitted by the
project applicant;
3. Approve or reject the Landscape Documentation Package; and
4. Issue a permit or approve the plan check or design review for the project
applicant.
(b) As part of the land development process and prior to construction, the project
applicant shall:
1. Submit a Landscape Documentation Package to the City/County for review
and approval by the Planning Director.The Planting Plan,Irrigation Plan,and
Soils Management Plan shall be reviewed by an independent licensed
landscape architect to ensure that all components of the Plans adhere to the
requirements of this Ordinance.The licensed landscape architect shall sign the
Plans verifying that the Plans comply with this Ordinance. Any Plans
submitted without the signature of a licensed landscape architect shall not be
accepted for review.
(c) Prior to issuance of a certificate of occupancy or final inspection for a project subject
to this ordinance, a regular maintenance schedule and a Certificate of Completion
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Ordinance No. 2009-61 Water Efficient Landscape
shall be submitted to the Planning Director certifying that the landscaping has been
completed in accordance with the approved Planting, Irrigation, Soil Management,
and Grading Design plans for the project. The Certificate of Completion shall be
signed by a licensed landscape architect and shall indicate:
1. Date.
2. Project information
a. Project name;
b. Project applicant name,telephone, mailing address;
C. Project address and location;
d. Property owner name and mailing address.
3. Prior to backfilling, evidence that the party responsible for irrigation
installation conducted a preliminary field inspection of the irrigation system
(evidence of field inspection shall be attached).
4. The landscaping has been installed in conformance with the approved
Planting and Irrigation Plans.
5. Irrigation audit report performed by a certified irrigation auditor after project
installation(audit report shall be attached).
6. The smart irrigation controller has been set according to the irrigation
schedule.
7. The irrigation system has been adjusted to maximize irrigation efficiency and
eliminate overspray and runoff.
8. A copy of the approved Landscape Documentation Package,the
Irrigation schedule and the maintenance schedule have been given to the
property owner and local water purveyor.
9. Verification that the maintenance schedule has been provided to the Planning
Director.
(d) At a minimum, all landscape irrigation audits shall comply with the"Irrigation
Association Certified Landscape Irrigation Auditor Training Manual(2004 or most
current) and shall be conducted by a certified landscape irrigation auditor.
(e) The Community Development Director or designee shall have the right to enter upon
the project site at any time before,during and after installation of the landscaping,to
conduct inspections for the purpose of enforcing this Ordinance.
15.04.080. Landscape Water Use Efficiency—Restrictions and Enforcement.
(a) The City shall coordinate with local water purveyors and identify programs that
enhance and encourage landscape water use efficiency such as tiered water rate
structures; allocation-based conservation water pricing structure; a rate structure at
least as effective as the above options;irrigation audits and/or irrigation surveys;and
penalties for water waste.
(b) Restrictions. The following water conservation requirements are intended to avoid
water waste, are effective at all times, and are permanent.
1. Limits on Watering Hours:Watering or irrigating of lawn,landscape or other
vegetated area with potable water is prohibited between the hours of 9:00 a.m.
and 5:00 p.m. on any day, except by use of a hand-held bucket or
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similar container,a hand-held hose equipped with a positive self-closing water
shut-off nozzle or device, or for very short periods of time for the express
purpose of adjusting or repairing an irrigation system. Overhead irrigation
shall be limited to the hours of 8 pm to 9 am.
2. No Excessive Water Flow or Runoff: Watering or irrigating of any lawn,
landscape or other vegetated area in a manner that causes or allows excessive
water flow or runoff onto an adjoining sidewalk,driveway,street,alley,gutter
or ditch is prohibited.
3. No Washing Down Hard or Paved Surfaces: Washing down hard or paved
surfaces, including but not limited to sidewalks, walkways, driveways,
parking areas, tennis courts, patios or alleys, is prohibited except when
necessary to alleviate safety or sanitary hazards, and then only by use of a
hand-held bucket or similar container, a hand-held hose equipped with a
positive self-closing water shut-off device, a low-volume, high-pressure
cleaning machine equipped to recycle any water used, or a low-volume
high-pressure water broom.
4. Obligation to Fix Leaks, Breaks or Malfunctions: Excessive use, loss or
escape of water through breaks,leaks or other malfunctions in the water user's
plumbing or distribution system for any period of time after such escape of
water should have reasonably been discovered and corrected and in no event
more than seven(7) days, is prohibited.
(b) Landscape Meter Requirements.
1. A separate dedicated meter is required for landscape areas greater than or
equal to 2,500 square-feet.
2. The efficient use of water should be considered in the design of any new
landscape area. The MAWA will be calculated for customers that request a
new account using the formula in section 4.B.12.m of this ordinance.
3. Prior to the issuance of a meter,the new customer shall calculate the EAWU
for each landscape area using the formula provided in 4.B.12.n.The EAWU
shall be submitted to the local water purveyor for review.For the new meter to
be issued,the calculated water budget for the landscape area cannot exceed
the MAWA calculated in part 4.B.12.m of this ordinance.
4. New accounts that have to comply with equivalent or more stringent water use
efficiency measures imposed by another jurisdiction,do not need to comply
with the requirements of this section of the Ordinance,but do need to provide
information about the landscape area to the local water purveyor.
c) Enforcement. The restrictions set out in this Section first shall be enforced by the
water purveyor;in the event the water purveyor does not do so,or requests the City to
do so, they may be enforced by the City by any legally available means.
15.04.090 Penalties for Violation.
Except as set out in Section 15.04.080(c)above,the provisions of this Chapter shall
be enforced by the City by any legally available means, including but not limited to
administrative citation. Any violation of this Chapter (including a violation of the
restrictions in Section 15.040.080 shall constitute a public nuisance.
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City of Menifee
Ordinance No. 2009-61 Water Efficient Landscape
SECTION 3. REPEAL OF RIVERSIDE COUNTY ORDINANCE NO. 859.
Riverside County Ordinance No 859 is repealed in its entirety.
SECTION 4. EFFECTIVE DATE.
This ordinance shall be effective 30 days from the date of its adoption.
PASSED,APPROVED AND ADOPTED thiadday of Wf,4 2009,by
the following vote:
AYES:�'u-el '1 �'6kJ
NOES:
ABSENT:Tw
ABSTAIN: A6{1.
Wallace W. Edgerton, Mayor
ATTEST:
Kathy Bennett, City Clerk
Approved as to form:
aA 0-Lyj
Eliza eth Martyn, City Attorney
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