Chapter 6.5 WATER SYSTEM

* Section 6.5.101, continuing in effect Ordinance Nos. 35, 111, 339, 349, 382, and 394, repealed by Ordinance No. 438, effective February 14, 1968. Section 6.5.102 codified from Ordinance No. 381, effective September 22, 1964, repealed by implication by Ordinance No. 438. Sections 6.5.101 thorough 6.5.139, as added by Ordinance No. 438, as amended by Ordinance Nos. 72-1, effective February 2, 1972, 75-4, effective February 19, 1975, 78-7, effective March 16, 1978, 78-32, effective September 6, 1978, 79-25, effective August 1, 1979, and 81-8, effective March 19, 1981, amended in their entirety by Ordinance No. 82-30, effective January 12, 1983.

6.5.101 Administration.

The Director of Finance is charged with and shall administer all the provisions, rules, and regulations of this article, except insofar as another officer or employee of the City shall be charged with the administration or regulation of a specific provision of this article. (§ 1, Ord. 82-30, eff. January 12, 1983)

6.5.102 Applications for water service.

Before water shall be supplied to any premises, the owner or occupant of the property shall make a written application to the City for water service on a form provided by and containing such information as may be required by the City, including but not limited to presentation of a form of government-issued identification. Thereupon, a service connection shall be made at the nearest distribution main after the charges provided for in this section have been paid. Industrial developments for nonfood processing functions shall, as a first choice, use nonpotable water from the City’s infrastructure, subject to availability to the site and as approved by the City Engineer.

The applicant, on making such application, shall pay a fee of ten and no/100ths dollars ($10.00) for opening a water service account, which fee shall not be refunded.

(a) Deposits. The City shall require an applicant for water service to guarantee the payment of water and other utility user charges with a cash deposit in the sum of one hundred fifty and no/100ths dollars ($150.00) or, for commercial customers and multifamily customers, a deposit of an amount equal to the sum of the minimum water, sewer, street sweeping, recycling, greenwaste and refuse service as requested by the customer for one billing period. If such customer has previously been a water service customer of the City (within the corporate limits of the City) for at least two (2) years and does not currently carry a delinquent balance, they will not be required to pay the deposit.

(b) Return of deposits. Deposits shall be held by the City for a minimum period of two (2) years. The deposit shall be returned to the customer after two (2) years, but not sooner than six (6) months after any one delinquency, if more than one.

(c) Purchaser’s responsibility. An owner or purchaser of a premises maintaining water or sewer connections shall assume responsibility for financial obligations of such service effective the date possession of the property is taken. (§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 1, Ord. 83-9, eff. May 18, 1983; § 1, Ord. 91-26, eff. July 1, 1991; § 1, Ord. 04-39, eff. October 7, 2004; § 1, Ord. 09-21, eff. December 2, 2009; § 1, Ord. 16-08, eff. June 1, 2016; § 1, Ord. 20-01, eff. March 4, 2020; § 1, Ord. 23-10, eff. October 5, 2023)

6.5.103 Water rates inside the City.

Each customer connected to the City’s water system shall pay, as a condition of water service, the following rates for one month of service:

(a) For single-family living units; multiple-family units; two (2) or more living units with separate toilet, kitchen or washroom facilities situated on the same lot; hotels; motels; and auto courts or mobile home parks wherein individual units or cabins are provided with kitchen facilities the minimum charge to each customer shall be ten and 61/100ths dollars ($10.61) per month per unit. In addition each customer shall pay at the rate of 86/100ths dollars ($0.86) per one thousand (1,000) gallons for no more than eleven thousand five hundred (11,500) gallons per month per unit, and for amounts in excess of eleven thousand five hundred (11,500) gallons but no more than twenty thousand (20,000) gallons per month per unit, in addition the customer shall pay at the rate of one and 45/100ths dollars ($1.45) per one thousand (1,000) gallons of water used. For amounts of water used in excess of twenty thousand (20,000) gallons per month per unit, the customer shall pay, in addition, the rate of one and 78/100ths dollars ($1.78) per one thousand (1,000) gallons of water used over twenty thousand (20,000) gallons per month.

(1) For residential customers with landscape meters, the charge for water consumption of such landscape meters shall be at the minimum of the commercial rate provided in subsection (b) of this section and in addition each customer shall pay at the rate of 86/100ths dollars ($0.86) per one thousand (1,000) gallons for no more than eleven thousand five hundred (11,500) gallons per month. For amounts of water used in excess of eleven thousand five hundred (11,500) gallons per month, the customer shall pay, in addition, the rate of one and 17/100ths dollars ($1.17) per one thousand (1,000) gallons of water used over eleven thousand five hundred (11,500) gallons per month.

(b) For all other customers, commercial uses, industrial uses, schools and churches, wherein water service is provided, the minimum charge shall be eight and 55/100ths dollars ($8.55) per account per month for water services one inch (1'') or smaller in size. For water services one and one-half inches (1-1/2'') in size, the minimum charge shall be eleven and 37/100ths dollars ($11.37) per account per month. For water services two inches (2'') in size, the minimum charge shall be fifteen and 70/100ths dollars ($15.70) per account per month. For water services three inches (3'') in size, the minimum charge shall be thirty-one and 09/100ths dollars ($31.09) per account per month. For services four inches (4'') in size, the minimum charge shall be seventy-eight and 21/100ths dollars ($78.21) per account per month. For services six inches (6'') in size, the minimum charge shall be three hundred eleven and 95/100ths dollars ($311.95) per account per month. For services eight inches (8'') in size, the minimum charge shall be five hundred fifty-two and 98/100ths dollars ($552.98) per account per month. For services ten inches (10'') in size, the minimum charge shall be eight hundred sixty-six and 32/100ths dollars ($866.32) per account per month. In addition each customer shall pay at the rate of 86/100ths dollars ($0.86) per one thousand (1,000) gallons for no more than eleven thousand five hundred (11,500) gallons per month. For amounts of water used in excess of eleven thousand five hundred (11,500) gallons per month, the customer shall pay, in addition, the rate of one and 17/100ths dollars ($1.17) per one thousand (1,000) gallons of water used over eleven thousand five hundred (11,500) gallons per month. “Account” as used in this subsection shall mean each meter connection whether serving one business or multiple businesses under one or multiple ownership.

During any declared state of emergency by the State or City related to potable water conditions that mandate water conservation in the City, when State or Federal regulations that mandate water conservation in the City are in effect, or during local water shortages, the following rates are effective. For all other customers, commercial uses, industrial uses, schools and churches, wherein water service is provided, the minimum charge shall be eight and 55/100ths dollars ($8.55) per account per month for water services one inch (1'') or smaller in size. For water services one and one-half inches (1-1/2'') in size, the minimum charge shall be eleven and 37/100ths dollars ($11.37) per account per month. For water services two inches (2'') in size, the minimum charge shall be fifteen and 70/100ths dollars ($15.70) per account per month. For water services three inches (3'') in size, the minimum charge shall be thirty-one and 09/100ths dollars ($31.09) per account per month. For services four inches (4'') in size, the minimum charge shall be seventy-eight and 21/100ths dollars ($78.21) per account per month. For services six inches (6'') in size, the minimum charge shall be three hundred eleven and 95/100ths dollars ($311.95) per account per month. For services eight inches (8'') in size, the minimum charge shall be five hundred fifty-two and 98/100ths dollars ($552.98) per account per month. For services ten inches (10'') in size, the minimum charge shall be eight hundred sixty-six and 32/100ths dollars ($866.32) per account per month. In addition each customer shall pay at the rate of one and 04/100ths dollars ($1.04) per one thousand (1,000) gallons for no more than eleven thousand five hundred (11,500) gallons per month. For amounts of water used in excess of eleven thousand five hundred (11,500) gallons per month, the customer shall pay, in addition, the rate of one and 40/100ths dollars ($1.40) per one thousand (1,000) gallons of water used over eleven thousand five hundred (11,500) gallons per month. “Account” as used in this subsection shall mean each meter connection whether serving one business or multiple businesses under one or multiple ownership.

(c) For any standby service, including fire sprinkler systems, the availability charge to each customer shall be seventy-eight and 21/100ths dollars ($78.21) per month per account.

(d) As a condition of and prior to the issuance of any building permit for the construction of a building where water service is to be utilized, but where no water meter has been installed, the person to whom such permit is issued shall pay an on-site construction water charge for each service of fifty-three and 29/100ths dollars ($53.29) per building per two (2) months, for a period of time not to exceed six (6) months provided the permittee installs, at his cost, an approved spacer. At the conclusion of said six (6) months, water service will only be provided after the installation of a water meter in accordance with the regulations and rates set forth in this article. The spacer shall become the property of the City.

(e) Any person receiving a permit to take water from a fire hydrant shall pay a minimum fee of thirty-one and 09/100ths dollars ($31.09) per month, or portion thereof, under such permit, and in addition each customer shall pay at the rate of 86/100ths dollars ($0.86) per one thousand (1,000) gallons for no more than eleven thousand five hundred (11,500) gallons per month. For amounts of water used in excess of eleven thousand five hundred (11,500) gallons per month, the customer shall pay, in addition, the rate of one and 17/100ths dollars ($1.17) per one thousand (1,000) gallons of water used over eleven thousand five hundred (11,500) gallons per month.

(f) Annual adjustment. The monthly user rates and minimum charges as provided in this section shall be adjusted beginning July 1, 2017, and annually each July 1st thereafter by three percent (3%). Prior to June 30th of each year beginning in 2017, the Public Utilities Director shall evaluate the water fund balance and, if adequate without the annual adjustment or with a lesser adjustment or with a rate reduction, shall recommend to the City Council a suspension or reduction of the rate adjustment or rate reduction for the next fiscal year. (§§ 7—9, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016)

6.5.104 Water rates outside the City.

(a) The charge for each outside the City water system user shall be at the rate paid by inside the City water system users established by this article except as otherwise provided by this article or by resolution adopted by the City Council.

(b) Each customer located within the former Fresno County Waterworks District No. 8, now called Tarpey Village, connected to the City’s water system shall pay, as a condition of water service, the following rates for two (2) months:

(1) For each unmetered customer occupying up to a seventeen-thousand-five-hundred (17,500) square-foot lot and utilizing a one-inch (1'') service connection the customer shall pay one hundred six and 58/100ths dollars ($106.58) per service connection per two (2) months. For up to every additional seven thousand five hundred (7,500) square feet in excess of seventeen thousand five hundred (17,500) square feet per lot, the customer shall pay an additional five and 12/100ths dollars ($5.12) per two (2) months. An additional charge of five and 12/100ths dollars ($5.12) shall be paid for every one-quarter inch (1/4'') in excess of a one-inch (1'') service per two (2) months. For system-wide water production in excess of sixty-three thousand (63,000) gallons per service connection per two (2) months, each customer shall pay an additional one and 78/100ths dollars ($1.78) per one thousand (1,000) gallons produced per service connection.

(2) For the use of water-cooled air conditioning in a building the customer shall pay nineteen and 46/100ths dollars ($19.46) per ton of cooling capacity per two (2) months. For the use of cooling towers, the customer shall pay three and 08/100ths dollars ($3.08) per ton of cooling capacity or per horsepower per two (2) months. For the use of heat pumps, the customer shall pay twenty-five and 60/100ths dollars ($25.60) per ton of cooling capacity or per horsepower per two (2) months.

(3) For any standby service, including fire sprinklers, the customer shall pay an availability charge of one hundred fifty-six and 42/100ths dollars ($156.42) per two (2) months.

(4) Any metered Tarpey Village customer shall pay the same rates as customers located within the City.

(c) Annual adjustment. The monthly user rates and minimum charges as provided in this section shall be adjusted beginning July 1, 2017, and annually each July 1st thereafter by three percent (3%). Prior to June 30th of each year beginning in 2017, the Public Utilities Director shall evaluate the water fund balance and, if adequate without the annual adjustment or with a lesser adjustment or with a rate reduction, shall recommend to the City Council a suspension or reduction of the rate adjustment or a rate reduction for the next fiscal year. (§§ 7—9, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016)

6.5.105 Utility bills.

Regular utility bills shall be issued on a bimonthly basis according to the billing dates established by the Director of Finance. Utility bills shall include charges for all city utility services.

(a) Payment. All charges for water shall be due and payable on the billing date. All unpaid water charges shall become delinquent at 12:01 a.m. on the day after the due date indicated on the utility bill.

(b) Proration. The charges for water shall be prorated to the nearest ten percent (10%) of the billing period as determined by the date of the starting and ending of service as recorded by the Finance Department upon notification to the Finance Department by the owner or occupant. The proration shall apply to the unmetered flat rate for Tarpey Village customers and for metered customers the proration shall apply to the eleven thousand five hundred (11,500) gallons, and the twenty thousand (20,000) gallons with any water used in excess of the prorated levels charged at the excess rates as provided in this article.

(c) Meter failures. If a meter fails to register during any billing period or is known to register inaccurately, the consumer shall be charged on the basis of the consumption as shown by the meter when in use and registering accurately over a period of one year or, in the event the consumer has not received water for a period of one full year, then over such lesser period.

(d) Consumers’ dissatisfaction with meters. In case of a consumer’s dissatisfaction with the registration of any meter, the consumer shall make a written complaint to the Director of Finance, together with a deposit of eighty-four and no/100ths dollars ($84.00), which sum will be returned and the water bill equitably adjusted for a period of not to exceed the prior twelve (12) months in any case where the meter shall be found to register over three percent (3%) more than the amount of water which actually passes through the meter. The eighty-four and no/100ths dollar ($84.00) deposit shall be retained by the City and the water bill paid as rendered; if the meter is found to register less than three percent (3%) more than the amount of water which actually passes through the meter, the deposit shall be forfeited and the bill equitably adjusted for a period of not to exceed the prior twelve (12) months.

(e) Billing errors. In the event a clerical error or other circumstance occurs which creates an inaccurate billing for service charges, an adjustment shall be made in the customer’s bill for a period not to exceed the maximum period as provided in the Code of Civil Procedure, either in the customer’s favor or the City’s favor. (§ 1, Ord. 82-30, eff. January 12, 1983; as amended by § 4, Ord. 91-26, eff. July 1, 1991; § 1, Ord. 94-1, eff. February 17, 1994; § 2, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; § 2, Ord. 20-01, eff. March 4, 2020)

6.5.106 Discontinuance of service.

Each consumer about to vacate any premises supplied with water service by the City shall give advance notice of his intended move, specifying the date service is desired discontinued; otherwise, he will be held responsible for water service furnished to such premises until the City shall receive a request for the discontinuance of water service.

Discontinuation of service for nonpayment of a utility bill shall be governed by the City’s discontinuation of water service policy, available on the City Finance Department website. (§ 1, Ord. 82-30, eff. January 12, 1983; § 2, Ord. 09-21, eff. December 2, 2009; § 3, Ord. 20-01, eff. March 4, 2020)

6.5.107 Collection charges.

(a) On the eleventh day after the bill becomes delinquent, a late fee of twenty and no/100ths dollars ($20.00), in addition to the amount of the utility bill, shall be charged.

(b) If water service has been disconnected for failure to pay a utility bill as set forth in the City’s discontinuation of water service policy, the entire amount of the water bill and all fines and penalties provided hereunder shall be paid in full before water service is restored:

(1) To turn on water during operational hours, fifty and no/100ths dollars ($50.00);

(2) A fee of twenty-five and no/100ths dollars ($25.00) shall be charged on all returned checks in payment of utility charges; and

(3) In addition to any other fees or charges provided in this section, any customer requesting a turn-on of water on any Saturday, Sunday, legal holiday or before the hour of 8:00 a.m. or after the hour of 4:30 p.m. of any day shall pay an additional charge of one hundred fifty and no/100ths dollars ($150.00) for such turn-on.

(1) At the time the fees become delinquent and until such time they are fully paid, the delinquent account balance, including late charges, shall constitute an unrecorded lien against the property and, as such, may be identified during a title search. For commercial businesses, delinquent account balances, including late charges, may be considered an unrecorded lien against the business name and/or owner of the business.

(2) Once a year there may be prepared a report of delinquent fees including late charges. The Council shall fix a time, date and place for hearing the report and receive any objections or protests thereto.

(3) The Council shall cause notice of hearing to be mailed to the landowners listed on the report not less than fifteen (15) days prior to the date of the hearing.

(4) At the hearing the Council shall hear any objections or protests of landowners liable to be assessed for delinquent fees including late charges and administrative fees, as set by resolution of the City Council. The Council may make revisions or corrections to the report as it deems just, after which, by resolution, the report shall be confirmed.

(5) The delinquent fees set forth in the report as confirmed shall constitute special assessments against the respective parcels of land and are a lien on the property for the amount of such delinquent fees including late charges. A certified copy of the resolution confirming the assessments shall be filed with the County Recorder and the County Auditor-Controller/Tax Collector for the amounts of the respective assessments against the respective parcels as they appear on the current assessment roll. The lien created attaches upon filing. The assessments shall be collected at the same time and in the same manner as other property taxes and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for such taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessments. However, if, for the first year for which the charges are prescribed, the property served by the City has been transferred or conveyed to a bona fide purchaser for value, and attached thereon, prior to the date on which the first installment of County taxes would become delinquent, the charge will not result in a lien against the real property, but shall become transferred to the unsecured roll for collection.

(6) In addition to, or alternatively to, imposing a lien, the City may file an action for the collection of any amounts due and unpaid. In any such action, the delinquent balances may also be processed through a collection agency.

(7) The provisions of this section shall be applicable, in addition to this article, to the fees and charges arising from service provided under Articles 3 and 4 of this chapter. (§ 1, Ord. 82-30, eff. January 12, 1983, as amended by § 5, Ord. 91-26, eff. July 1, 1991; Ord. 97-13, eff. June 12, 1997; § 2, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 16-08, eff. June 1, 2016; § 4, Ord. 20-01, eff. March 4, 2020)

6.5.108 Consumers responsible for equipment receiving water.

The consumer, at his own expense, shall furnish, install, and keep in repair, free from leakage and in safe condition, all service pipes, fixtures, stopcocks, and other apparatus and appliances which may be required for receiving and controlling water. The City shall not be responsible for any loss or damage caused by the improper installation of such apparatus and appliances, negligence, want of proper care, or wrongful act of the consumer or his agents, employees, or licenses installing, maintaining, using, operating, or interfering with any such apparatus or appliance. (§ 1, Ord. 82-30, eff. January 12, 1983)

6.5.109 Fire hydrant regulations.

(a) Permits to use. No person shall take water through or from any fire hydrant in the City without a valid permit and shall first file with the City an application specifying the hydrant and the time desired to take such water.

Such permit may be issued by the Department of Public Utilities and shall be good only for the hydrant and time specified in the permit and shall not be transferable.

Permits may be refused any person who may be indebted to the City for water previously received by such person from the City.

(b) Use of fire hydrants. Every person using or taking water through or from any City fire hydrant shall carefully close all valves on such hydrant after use, leave the valves and hydrant in good working order, and remove any hose connection attached to such hydrant.

Any person taking water through or from any City fire hydrant shall accurately fit the valve stem or cap thereof. No person shall apply or use any wrench upon the valve stem or cap of any hydrant unless such wrench exactly fits the valve stem or cap to which applied.

Any person taking water through or from any City fire hydrant shall utilize a hydrant meter rented from the Public Utilities Department according to the permit terms. An appropriate backflow device shall be installed downstream from the hydrant meter as determined by the City.

(d) Unlawful to leave refuse near fire hydrants. No person shall in any way obstruct, or allow or cause an obstruction of, any public street or alley within twenty feet (20') of any fire hydrant in the City; provided, however, nothing in this section shall apply to any obstruction necessarily made by reason of any work of street improvement ordered by the City and for which the City has issued a permit. (§ 1, Ord. 82-30, eff. January 12, 1983; Ord. 96-20, Amended, 12/18/1996; § 3, Ord. 09-21, eff. December 2, 2009)

6.5.110 Other regulations.

(a) Only City may turn water on. No person shall tap, open, or connect any water service, and no person shall cause, permit, or allow any water main to be turned on or connected after the water service has been turned off by the City.

In the event any person turns on or connects water service after it has been turned off or disconnected by the City, the City shall again turn off or disconnect the water service, and lock or remove the water meter from the premises, and charge and collect one hundred seventy-five and no/100ths ($175.00) dollars, in addition to all other charges and penalties, before water service is restored. If, as a result of tampering, the meter or service is damaged, an additional fee of five hundred and no/100ths ($500.00) dollars shall be charged and collected in addition to all other charges and penalties, before water is restored.

(b) Water service penalties for waste or violations. For any water supplied by the City which is wasted by a customer a fee shall be charged to the customer and added to the customer’s account. For the first violation, a written warning will be given to the customer. For the second violation within a one-year period, a fee of thirty and no/100ths dollars ($30.00) shall be charged. For the third violation within a one-year period, a fee of sixty and no/100ths dollars ($60.00) shall be charged. For the fourth and subsequent violations within a one-year period, a fee of ninety and no/100ths dollars ($90.00) shall be charged. Additionally, any unmetered customer shall have a meter installed after the fourth violation at the customer’s expense. The cost of the meter installation shall be added to the customer’s account and paid over a maximum six (6) month period. For any customer who incurs within a one-year period four (4) or more water waste violations or does not comply with the water efficient landscape requirements, the City may implement any or all of the following measures:

(1) Require a customer to get a landscape evaluation, lawn water audit, and water budget, as appropriate, in order to learn efficient water use. This work would be completed at customer expense;

(2) Require a customer to repair any defects in the watering system of such customer within fourteen (14) days’ notice by the City to repair;

(3) Require installation by the City of flow restrictors or termination of water service for exterior use;

(4) Termination of all water service to a customer.

In addition to the foregoing, during any declared state of emergency by the State or City related to drought or potable water conditions that mandate water conservation in the City, State or Federal regulations that mandate water conservation in the City, or during local water shortages, the City Council may by resolution adopt mandatory water usage limits and impose penalties on the customer for violations of those usage limits. The penalties shall be added to the customer’s account. A violation of the usage limits shall also be deemed a violation of the Municipal Code.

Water service shall be turned off and discontinued to any premises on or from which water supplied by the City is being disposed or used in violation of any law of the City other than wasting or noncompliance with water efficient landscape requirements. Water service shall not be restored to any premises until the owner and the occupant thereof terminate any violation and agree not to continue to repeat such violation. Such agreement shall be guaranteed by a cash deposit in such sum as the Director of Finance shall fix, not to exceed one hundred and no/100ths dollars ($100.00).

(c) Meters City property. All services and all water meters installed by the City shall remain the property of the City. The expense of the maintenance, repair, and removal of such meters, due to the wear of normal service, shall be borne by the City; provided, however, any expense occasioned by any act, careless or otherwise, on the part of the consumer, or any member of his family, or any person in his employ, shall be charged to such consumer.

(d) City not responsible for water damages. The City shall not maintain or repair any water pipe from the meter to the premises served, and the City shall in no case be liable for damages occasioned by water running free from open or faulty fixtures or from broken or damaged pipes.

(e) Unlawful to connect other water. No person shall allow a connection to be made or exist between the City’s water system and another source of water supply or water system unless such connection is fitted with a suitable backflow prevention device approved by the City and the County Health Office preventing water from such other source of supply entering the City’s water system.

(f) Unlawful furnishing or receiving of water. No person receiving City water shall furnish such water to any premises other than that to which the City bills or meters such water, and no person shall furnish or receive City water to any premises for which the water rates prescribed by the City are not being paid.

(g) Bypass connections unlawful. Any bypass or connection around the meter between the service and the main shall be prohibited unless specifically authorized by the Director of Public Utilities for a limited period of time because of emergency work. All water used on any premises shall pass through the water meter.

(h) Unlawful entries on water facilities. No person shall climb on or upon any water tower or water tank to enter on or upon any pump house or pit without a permit from the Public Utilities Department.

(i) Unlawful to cover meter boxes. No person shall cover meter boxes with trash, rubbish, dirt, or other foreign matter, or permit ivy or other shrubbery to grow over meter boxes, or park automobiles or other vehicles over meter boxes.

(j) Unlawful to tamper with meters or break seals. No person shall tamper with or remove any water meter which is attached to any service or break any meter seal. No person shall make any water connection or connect to any pipe or meter box, except for a single house connection.

(k) Wastage of water. No person shall willfully or negligently waste water nor unreasonably flood any premises. Wasting water shall include noncompliance with any water conservation program which the City enacts for the public safety or welfare.

(l) Inspections. The Director of Finance, the Director of Public Utilities, City Engineer, or any other authorized officer of the City shall be admitted during normal working hours to all parts of any premises receiving City water for the purpose of inspection to ensure that the laws and regulations of the City pertaining to water and water services are complied with. (§ 1, Ord. 82-30, eff. January 12, 1983; §§ 1 and 2, Ord. 91-15, eff. May 20, 1991; § 3, Ord. 93-2, eff. March 3, 1993; § 3, Ord. 96-10, eff. July 1, 1996; Ord. 96-20, Amended, 12/18/1996; § 4, Ord. 09-21, eff. December 2, 2009; § 2, Ord. 15-13, eff. April 20, 2015; § 1, Ord. 15-14, eff. June 3, 2015)

6.5.111 Water restrictions.

The use of water supplied by the City may be restricted or prohibited by the City when water conservation is required for the public safety or welfare.

(a) Water to be shut off in case of fire. When a fire occurs in the City, all standpipes, fireplugs, hose connections, faucets, and other outlets to the City water system shall be subject to the direction of the Chief of the Fire Department and shall be promptly closed, except such as may be used in quenching the fire and preventing the spread of the fire, and shall be kept closed until such fire is extinguished.

(b) Water main turnoffs. The City may shut off water in the mains at any time for the purpose of making repairs to mains, installing services or extensions, or for other reasons. (§ 1, Ord. 82-30, eff. January 12, 1983, as amended by § 3, Ord. 91-15, eff. May 20, 1991)

6.5.112 Backflow prevention devices required.

No person shall install or maintain any water-operated equipment or mechanism or use any water-treating chemical or substance, or install or maintain any water consumption facilities capable of polluting the City water supply (“cross-connection”), unless the water service to the premises upon which such equipment, mechanism, chemical, substance, or water consumption facilities are utilized is equipped with a City approved backflow prevention device.

Such approved backflow prevention device(s) shall be installed on any new facilities where the City Water or Building Division makes such a requirement as a condition of approval of any building entitlement for the premises, or, in the case of an existing facility, immediately upon notice by the City Water or Building Division that a cross-connection condition exists, or within thirty (30) days of notice of a potential cross-connection condition. Failure to install such devices or to take such actions as necessary to eliminate existing or potential cross-connection conditions will be cause to discontinue water service to the affected premises.

Any such installation shall be at the owner’s expense and at a location between the water meter and the premises served and at such point of connection as may be designated or approved by the City Water or Building Division.

The owner shall be responsible to keep all such devices in a good state of repair. Repairs, adjustments, and tests shall be performed only by persons who have been certified for such work by an agency approved by the City. No less than once each year the owner at his expense shall cause a certified test report(s) be submitted to the City Water Division indicating all such devices on or serving owner’s premises are in good operating condition. In the case of a new installation, a certified test report shall be submitted within five (5) working days of the date of installation. Failure to provide such annual or other test report(s) upon notice by the City shall be cause to discontinue water service to owner’s premises until such time as the required test report(s) is received by the City Water Division. (§ 1, Ord. 82-30, eff. January 12, 1983, as amended by § 1, Ord. 88-21, eff. August 4, 1988)

Article 2. Main Extensions, Connections, and Frontage Charges

6.5.200.1 Definitions.

For purposes of this chapter, the following words shall have the meanings indicated in this section:

(a) “Assisted living facility” shall be defined as a building or group of buildings containing individual living units or rooms for occupancy by infirm persons who require living assistance in the form of housekeeping services, meals, recreational programs, laundry services, shopping and transportation services, and/or limited medical care not involving a physician.

(b) “Density,” for purposes of applying the water supply charge to residential properties, shall be calculated as the total number of units divided by the area (in acres) of the parcel or parcels of land included in the development. The area shall include land which must be removed for local streets, parks, collector and arterial roads and infrastructure.

(c) “Dwelling unit” shall be defined as a room or suite of rooms which is occupied exclusively by one family (adjoining suites shall be considered separate units) for living and sleeping purposes, including a single-family residence, mobile home unit, apartment, townhouse, flat or condominium.

(d) “Equivalent dwelling unit (EDU)” shall mean, in general, a unit of development that is approximately equivalent in impact to the base unit as established in the justification reports on file with the City. For mini-storage facilities, equivalent dwelling units shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as each gross acre.

(e) “Gross acreage” shall mean the total area of the land included within the boundaries of the lot and one-half (1/2) the area of all frontage streets and alleys. For public and nonpublic schools, the gross acreage shall include the entire developed site inclusive of plazas, open space, play areas, and sports fields plus one-half (1/2) the right-of-way on all boundary streets and alleys.

(f) “Gross building area” or “building square footage” shall mean the cumulative square footage of the building, in the case of a multi-story building it shall be the summation of square footage of all floors.

(g) “Public utilities infrastructure” for purposes of applying fees and exemptions pursuant to this chapter shall mean any City-owned facility or improvement that is funded by a City of Clovis development impact fee including water well sites, booster pump sites that are part of or appurtenant to the City water and recycled water systems, water reservoir sites, water recharge sites, water treatment facility sites, water reuse facility sites, and sewer lift station sites.

(h) “Public facilities” shall mean any building or site used exclusively to house a City of Clovis function including fire and police stations, City corporation yards, and City offices and buildings. (§ 3, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.201 Water main extensions/ connections: Permits required.

Any person desiring an extension or connection to be made to the water system of the City shall make a request in writing to the City Engineer to obtain a permit therefor. The City Engineer shall determine if the extension requested is feasible and, in the event such extension is feasible in his opinion, shall issue a permit therefor and, as a condition of such permit, shall require such person to pay the cost of such extension from the point of connection to the existing City water system across the entire property to be served or developed. (§ 1, Ord. 329; as amended by § 1, Ord. 77-15, eff. July 1, 1977; Ord. 96-20, amended, December 18, 1996; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.202 Water main extensions: Installation.

Any such installation shall be in accordance with the specifications of the City and of the size and grade designated by the City Engineer. All connections to the City water system shall be made in the presence of a City employee certified as a distribution operator by the State of California. (§ 1, Ord. 329; as amended by § 2, Ord. 77-15, eff. July 1, 1977; Ord. 96-20, amended, December 18, 1996; § 4, Ord. 09-21, eff. December 2, 2009; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.203 Water main extensions/ connections: Charges.

Permits required: Charges. No person shall connect any lot to any city water main or any water service or add units, equivalent dwelling units, or building square footage to any lot that is connected to a City water main without a permit from the City Engineer. No permit shall be issued unless the following charges, when applicable, have been paid:

(a) Water oversize charges.

(1) Purpose. The water oversize charge provides for the difference in construction cost between eight-inch (8") water mains and valves and those greater than eight inches (8") diameter.

(2) Amount of fee. The water oversize charge shall be as set forth in the Master Development Fee Schedule, per gross acre for the property to be served by such connection and developed or used by the person so connecting. Area calculations shall be based upon the following:

(i) Property which has wholly or proportionately paid the water oversize acreage charge, when such fact has been or can be established to the satisfaction of the City Engineer, need pay only the water oversize acreage charge applicable to the portion of the property for which the charge has not been paid.

(ii) When only a portion of a lot is developed, and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses not enclosed in a building, the City Engineer may require the payment of the water oversize acreage charge applicable only to that portion of the lot developed or to be developed; provided, however, the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. When the balance of the lot is developed, the acreage charge shall be paid, regardless of whether or not additional water service is required. The City Engineer shall fix the portion of the lot which is to be considered as developed.

(b) Water major facilities charges.

(1) Purpose. The water major facilities charge pays for the construction and financing of major transmission mains, water treatment facilities, water wells, pump stations, and storage facilities. These facilities are necessary components of the City’s water system and essential to providing water to City residents and the public. The City has a continuing cost for establishing, maintaining, and operating these facilities.

(2) Amount of fee. A major facilities water charge, as set forth in the Master Development Fee Schedule, shall be required for every lot sought to be connected to the water system.

The water major facilities fee rates shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost of the public improvement, or portion thereof, attributable to development of which the water major facilities fees are imposed.

The water major facilities fees shall be based on the following:

(i) Residential projects, hotels, motels, schools, churches, and hospitals shall pay water major facilities fees per dwelling unit or equivalent dwelling unit.

(ii) Retail, office, and industrial projects and assisted living facilities shall pay water major facilities fees per square foot of building.

(iii) Mini-storage facilities shall pay water major facilities fees per equivalent dwelling unit.

(iv) The rates charged for all projects except assisted living facilities, mini-storage facilities, churches, hotels, motels, and hospitals shall be based on the zoning of the property. Retail rates will apply on properties that are zoned C-1, C-2, C-3, and PCC. Office rates will apply to properties zoned C-P and P-F. Industrial rates will apply to properties zoned C-M, M-1, M-2, and M-P. For properties located within the RT zone district, rates will be based on the land use of the development as it is allowed within the zone districts listed above. The rates charged for assisted living facilities, mini-storage facilities, churches, hotels, motels, and hospitals shall be as indicated in the Master Development Fee Schedule regardless of the underlying zoning. For land uses, except those listed above, that are allowed in multiple zone districts the higher of the rate associated with the actual land use or the rate associated with the zoning shall apply.

(v) For public schools, portable/relocatable buildings that are used to provide additional student capacity are to be considered on a cumulative, City-wide basis, rather than a site specific basis. The School District shall be required to provide the City with an annual report containing the total number of portable/relocatable buildings within the City, currently in use for instructional space, together with the total gross building area of each of those portable/relocatable buildings. An equivalent dwelling unit (EDU) for portable/relocatable buildings shall be rounded to the nearest tenth (0.1) of a unit and shall be defined as one thousand five hundred (1,500) square feet or fraction thereof, of the total City-wide instructional space represented by portable/relocatable buildings. A water major facilities charge, as set forth in the Master Development Fee Schedule, per EDU, shall be required for any additional portable/relocatable classroom square footage added within the City that exceeds the previously paid baseline square footage. Moving portable/relocatable classrooms from one location to another within the City is not considered a net change in portable/relocatable square footage and will not result in the payment of additional fees. Only the addition of portable/relocatable classroom capacity in excess of the previously paid baseline square footage will be counted as additional units for fee purposes.

(vi) Private schools providing a K-12 curriculum and meeting the following criteria shall be subject to the rates for schools as set forth in the Master Development Fee Schedule:

a. Campus includes a mix of open space, recreation, or sports facilities and buildings similar to public schools.

b. Open space areas and recreation or sports facilities and assembly buildings are available to the public in a manner similar to public schools within the City.

Private schools not meeting the criteria shall be subject to the rates for office projects or the rate associated with the zoning on which the school is sited, whichever is greater.

(vii) FMFCD basins shall be subject to the rates for parks as set forth on the Master Development Fee Schedule. Water major facilities fees will be charged for irrigated areas only when potable water is the main source. Where the FMFCD will use surface water for irrigation and will install a water service for backup to be used every three (3) to four (4) years to irrigate during basin cleaning, the water major facilities fees shall be waived.

(c) Water supply charges. All properties connecting to the City water system, and properties connected to the City water system that are subsequently developed or redeveloped to a land use or intensity that increases the water demand for the property, shall pay a water supply charge as set forth herein.

(1) In approving the water supply charges, the City Council finds as follows:

i. The City water system provides a necessary public service and a resource essential to life and growth in the City of Clovis. The health and safety of residents of the City of Clovis and members of the public require the City to provide an adequate water supply for residential, municipal, commercial, and industrial uses. Future development and redevelopment within the City and in areas to be annexed into the City require a sufficient supply of water to meet anticipated demands based on future development and more intensive land uses. (See Government Code Section 66473.7(b)(1).)

ii. Properties within the City of Clovis sphere of influence have no or insufficient surface water allocation. These properties will be developed or redeveloped with projects at densities or intensities that will create a potable water demand that exceeds any available water allocation. Approval of these projects or connection to the City water system will require that a source of surface water supply be secured to meet the demand that will be created by the proposed project or connection in order to avoid adverse impacts to the public health and safety.

iii. The Revised, Amended and Restated Cooperative Agreement between Fresno Irrigation District and City of Clovis for Water Utilization and Conveyance, dated September 1, 2019, limited the growth in the City’s Kings River Supply to 7.12 percent of the Fresno Irrigation District’s Kings water supply right, and shall remain fixed at 7.12 percent until the City and the Fresno Irrigation District mutually agree to adjust the City’s percentage of the Fresno Irrigation District’s Kings Water Supply. None of the surface water allocation provided by the Fresno Irrigation District shall be used to supplant or replace the water allocation for property either within the boundaries of the Garfield Water District or within the boundaries of the International Water District.

iv. To meet demand for growth, the City will need to develop, secure, and pay for sufficient additional water supply for the City’s water system. Without the additional water supply, the City would be unable to serve new development and redevelopment at more intensive land uses, and if required to serve new development or redevelopment, the result would be significant adverse impacts to public health and safety. Therefore, the City must establish a water supply fee to cover the anticipated costs. The costs associated with securing additional water supply will vary based on then-current available water supply and intended property use and water use demands. The water supply fee is essential to provide a necessary public service to the City of Clovis.

v. These findings are based on the City’s water master plan or other reports on file with the City, and on such other information provided to the City Council at the public hearing concerning the adoption of fees pursuant to this section, including reports from the City Engineer, City Manager, and such consultants as the City Council deemed necessary.

(2) Pursuant to the above findings, the City hereby establishes a system for the coordinated acquisition of water supply in order to accomplish the following:

i. To coordinate the effort to acquire surface water supply to meet the identified need; and

ii. To establish a financing mechanism for the acquisition of surface water supply which creates a reasonably equitable distribution of the cost based on the demand imposed and the benefits received.

(3) Water supply charges shall be established by resolution adopted by the City Council, based upon the justification reports, as those reports may be subsequently amended or supplemented, and upon a determination that there is a reasonable relationship between the amount of the fee and the cost to provide supplemental water supply as needed for property connection, development or redevelopment. The water supply charge shall be included in the Master Development Fee Schedule.

(4) The water supply charge shall be assessed per gross acre for all properties to be connected to the water system and for properties connected to the City water system that are subsequently developed or redeveloped to a land use or intensity that increases the water demand for the property. The water supply charge will be based on the unit cost to acquire an annual surface water supply adequate to meet the excess demand imposed by the development or redevelopment based on the potable water demand assumptions contained in the water master plan.

(5) The water supply charge shall be applied as follows:

i. Single-family residential, multifamily residential and nonresidential developments, public schools, and planned regional, community and area parks shall pay a water supply charge for each gross acre of development based on the type of use as set forth in the Master Development Fee Schedule.

ii. FMFCD basins shall be subject to the rates for parks as set forth on the Master Development Fee Schedule. Water supply charges will be charged for irrigated areas only when potable water is the main source.

iii. For nonresidential developments with floor-to-area ratios exceeding three-tenths (0.3), the City Engineer may require the payment of a water supply charge based on an approved project water assessment.

iv. Charges for developments that utilize a nonpotable water supply for landscape irrigation shall be based on the potable component of the total water demand for the development, as determined by an approved project water assessment.

v. Redevelopment projects that will result in an increase in density shall pay the charges based on the demand imposed by the new density. Redevelopment projects with no increase in building area or density shall be exempt.

vi. For developments on properties that have existing water service involving a change in use, the charge shall be based on the increase in water demand. If the land use change results in a decrease or no change in water demand, no fee will be due.

vii. For residential parcels in the City not already connected to the City water system that desire or are forced to connect to the City water system, the City Engineer may require the payment of the water supply charge for only the portion of the parcel that is actually developed or to be developed and uses water from the City water system. In no case shall the charge be for less than the equivalent of a twelve thousand five hundred (12,500) square foot lot.

(6) Payment. The water supply charges shall be due and payable prior to any new connection to the water system and as a condition precedent to and upon approval of a final map, or a building permit issued pursuant to or in conjunction with a conditional use permit, or a site plan, or a parcel map, or any other building permit for which the water supply charges are applicable.

(d) Nonpotable water system charge. A nonpotable water system charge, as set forth in the Master Development Fee Schedule, per gross acre, shall be required for every parcel developed. The fee will be calculated based on the construction cost divided by the estimated remaining developable area within street service areas 1, 2, 3, 4, and 5.

(1) No nonpotable water system charge will be required for modifications to existing single-family residential structures meeting the following criteria:

i. The structure was originally constructed within the City’s corporate limits; or

ii. The structure lies within the City’s original 1912 corporate limits.

(2) The fee for modifications to existing residential, single-family residential, and multifamily residential which add to the building square footage but do not meet the above criteria and have not fully paid a nonpotable water system fee shall be based on the ratio of the additional building square footage to the total building square footage including the building addition, multiplied by the gross area of the lot.

(3) When structural additions are added to an existing nonresidential structure, including hotels and motels, which has not fully paid its nonpotable water system fee obligation, nonpotable water system fees shall be assessed and collected based on the ratio of the additional square footage to the future building square footage, multiplied by the gross acreage of the lot.

(e) Administrative charge. All fees and charges shall include an administrative charge not to exceed the percentage shown in the Master Development Fee Schedule to cover the cost of the City’s record keeping and handling, except that if sufficient fees are held in the particular fund and general interest sufficient to cover such costs, the administrative charge will be taken from such interest.

(f) Public utilities infrastructure. Any development considered to be public utilities infrastructure shall be exempt from the payment of water supply charges, water oversize gross acreage charges, nonpotable water system charges, and water major facilities charges under this section.

(g) Public parks and City government facilities. Planned regional, community, and area parks as defined in the Clovis General Plan, fire stations, police stations, public libraries, and other government buildings shall be exempt from the payment of water oversize gross acreage charges, nonpotable water system charges, and major facilities water charges under this section, but shall be subject to water supply charges. (§ 1, Ord. 329; as amended by § 3, Ord. 77-15, eff. July 1, 1977; § 10, Ord. 79-25, eff. August 1, 1979; § 1, Ord. 91-25, eff. July 17, 1991; § 5, Ord. 93-19, eff. August 18, 1993; § 7, Ord. 93-24, eff. December 1, 1993; § 2, Ord. 94-24, eff. October 6, 1994; Ord. 96-20, eff. December 18, 1996; § 7, Ord. 00-12, eff. May 31, 2000; § 11, Ord. 02-12, eff. June 5, 2002; §§ 13, 14, Ord. 03-15, eff. June 18, 2003; § 3, Ord. 03-21, eff. August 13, 2003; §§ 20, 21, Ord. 04-14, eff. May 5, 2004; § 7, Ord. 07-19, eff. August 3, 2007; § 4, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013; § 3, Ord. 13-25, eff. December 2, 2013; § 1, Ord. 15-07, eff. May 1, 2015; §§ 1, 2, Ord. 20-06, eff. May 6, 2020)

6.5.204 Connections to existing lines: Water front footage charges.

Every person connecting to a water line of the City or adding units, equivalent dwelling units, or building square footage to any lot that is connected to a City water main shall pay a front footage charge, as set forth in the Master Development Fee Schedule, per front foot of property to be served by such connection. The front footage shall be calculated as follows:

(a) Purpose. The front footage water charge provides for reimbursement of one-half (1/2) of the cost to construct eight-inch (8") public water mains within streets, alleys, thoroughfares, and easements that serve multiple properties;

(b) Amount of fee. The front footage water charge shall be as set forth in the Master Development Fee Schedule per front foot of land sought to be connected. Measurement of front footage shall be based on the dimensions of the gross parcel including all adjacent public streets, alleys, easements, and thoroughfares. On lots with multiple street, alley, thoroughfare, and easement frontages, the total front footage shall be determined by adding the length of all frontages. The total length on any side of the parcel shall not exceed the total length of existing or planned water main along that frontage. No front footage water charge shall be payable with respect to property which has borne wholly or proportionally the cost of water mains and such fact has been, or can be, established to the satisfaction of the City Engineer;

(c) Property which has not previously had City service (except for water service solely for fire protection) shall pay a front footage charge only to the extent that such front footage charge or the cost of the main serving the premises has not heretofore been paid by the applicant or his predecessor in interest; provided, however, no such charge shall be collected for that portion of the frontage where the applicant is required to extend a main across his property frontage as a condition precedent to receiving service;

(d) When only a portion of a lot is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops, the City Engineer may require the payment of the front footage charge applicable only to that portion of the lot developed or to be developed; provided, however, the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. When the balance of the lot is developed, the front footage on that portion shall be paid regardless of whether or not additional water service is required. The City Engineer shall fix the portion of the lot which is to be considered as developed;

(e) Where a property fronts on a street in which there is an existing main from which service could be rendered, but the applicant elects to install water mains to serve all or portions of such property in streets or other rights-of-way which he dedicates within his property, he shall pay frontage charges for the portions of his property served from the additional mains in an amount equal to one-half (1/2) of the frontage charges calculated on the basis of the frontage of such portions prior to such dedication; and

(f) Properties on behalf of which no contribution has been made to the cost of the water mains, and which receive services from extensions made in other than dedicated and surfaced streets, shall pay to the City the same front footage charge as would be payable if the line were located in a dedicated street adjacent to the property to be served. (§ 2, Ord. 329, as amended by § 4, Ord. 77-15, eff. July 1, 1977; § 6, Ord. 93-19, eff. August 18, 1993; § 8, Ord. 93-24, eff. December 1, 1993, § 4, Ord. 96-10, eff. July 1, 1996; Ord. 96-20, eff. December 18, 1996; Ord. 97-11, eff. June 5, 1997; § 6, Ord. 99-5, eff. May 12, 1999; §§ 5, 6, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.204.1 Refunds and reimbursements.

(a) Transmission water mains. When a water main installed by a person is required by the City Engineer pursuant to Section 6.5.202 to be constructed to a transmission main size that is twelve inches (12") in size or larger the City shall reimburse such person as set forth in the Master Development Fee Schedule.

The amount to be reimbursed on account of the installation of a transmission main shall be credited against the charges to be paid under Section 6.5.203 on behalf of all property contributing to the cost thereof in proportion to the amount of such contribution. In the event the credit for any such property exceeds such charges, then a sum equal to the difference shall be paid from the Water Fund upon the completion of the main.

(b) Water mains.

(1) This subsection shall be applicable to all water mains, including valves, installed pursuant to Section 6.5.201, except those constructed by special assessments.

(2) Any person installing a water main, prior to the construction of the main, shall file with the City Engineer a legal description of the properties on behalf of which contributions have been made to the cost of the construction, and a statement of the proportions of the cost borne by each property, and within ninety (90) days following the completion of the main shall file with the City Engineer a financial statement stating the cost (excluding any City reimbursement) of the construction of the main. In the event a financial statement has not been filed with the City Engineer within such period, then a refund under subsection (b)(3) of this section shall not be made in the event additional property is connected to the main constructed. If an ownership statement is not filed prior to construction, only the property served by the main, owned by the person who installed the main on the date of the commencement of the installation, will be deemed to have paid for the installation; provided, however, if within seven (7) years after the date of the commencement of the installation, such person acquires in fee property served by the main which would otherwise be subject to the payment of the frontage charges, such person shall also be deemed to have paid the frontage charges for such property.

(3) For a period of twenty (20) years after the completion of a water main referred to in subsection (b)(1) of this section, ninety percent (90%) of the frontage charges collected by the City pursuant to Section 6.5.204 for connection to such water main shall be paid in proportion by the City to the owner or owners of property on behalf of which contributions were made to the cost of construction of such water main or to their assignees; provided, however, the total refund shall not exceed one hundred percent (100%) of the cost of constructing water mains which do not front on any contributing property and fifty percent (50%) of the cost of constructing water mains fronting on properties on behalf of which contributions were made to the cost of constructing the water mains, nor shall the total refund exceed the total amount of the frontage charges which would have been payable by property on behalf of which no contribution was made to the cost of installation as of the date of the completion of the main. Such reimbursements shall be paid from the Water Fund.

(4) If the total amount of the frontage charges (based on fees in effect on the date of the completion of the main) which would be collectible from property on behalf of which no contribution has been made to the cost of the installation is less than one thousand and no/100ths dollars ($1,000.00), the City Engineer may elect to proportionally reimburse from the Water Connection Charge Fund, after the completion of the main, to the person or persons contributing to the cost of constructing the main ninety percent (90%) of the amount of such frontage charges which would be collectible from noncontributing property, in which case such person or persons will not be eligible for the exemption provided for in subsection (b)(2) of this section nor for the further refunds provided for in subsection (b)(3) of this section.

(5) For the purposes of reimbursements, where a property has more than one frontage, the actual front footage charge paid shall be apportioned between the frontages on which the calculation of charges was based in the ratio of the total length of each frontage. (§ 5, Ord. 77-15, eff. July 1, 1977, as amended by § 2, Ord. 91-25, eff. July 17, 1991; § 6, Ord. 93-19, eff. August 18, 1993; § 9, Ord. 93-24, eff. December 1, 1993; Ord. 96-20, eff. December 18, 1996; § 3, Ord. 01-13, eff. May 16, 2001; § 7, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.204.2 Annual increase to charges.

Fees listed below shall be reviewed and adjusted annually by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period preceding December, or by variations of the actual construction costs or cost to acquire. The fees shall be fixed by the City Council, by resolution, and shall be included in the Master Development Fee Schedule.

(a) The rates for the water oversize charge, major facilities water charge for residential developments, hotels, motels, schools, water supply charge, and the nonpotable water system charge described in Section 6.5.203(a), (b), (c), and (d), respectively, shall be rounded to the nearest one and no/100ths dollar ($1.00).

(b) The rate for the front footage charge described in Section 6.5.204 shall be rounded to the nearest five cents ($0.05).

(c) The per each valve reimbursements rates described in Section 6.5.204.1(a) shall be rounded to the nearest one and no/100ths dollar ($1.00).

(d) The per linear foot reimbursement rates described in Section 6.5.204.1(a) shall be rounded to the nearest five cents ($0.05). (§ 6, Ord. 77-15, eff. July 1, 1977, as amended by § 11, Ord. 79-25, eff. August 1, 1979; § 3, Ord. 91-25, eff. July 17, 1991; § 10, Ord. 93-24, eff. December 1, 1993; § 13, Ord. 95-14, eff. June 30, 1995; § 8, Ord. 10-19, eff. January 7, 2011; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.205 Charges: Payment.

The amount of any water connection charge set forth in this article shall be deemed a debt owing to the City which shall be paid in advance, provided, however, if the property to be connected to the City water system is developed, the owner has the option for payment of the water connection charges as set forth in Section 6.4.03.2.

When only a portion of a lot is developed and the remaining portion is to continue undeveloped or is to be used solely for the growing of agricultural crops or for public recreation uses, if irrigated by an agricultural well or a canal, the City Engineer may require the payment of the water connection fees applicable only to that portion of the lot developed or to be developed provided the parcel for which such fees are charged shall have an area of not less than twelve thousand five hundred (12,500) square feet or one-fourth (1/4) of the lot, whichever is greater. The charges on the undeveloped portion shall be deferred only until, and shall be paid upon, the development of the undeveloped portion at the rate applicable at the time of the development of such deferred portion.

Payment may be deferred in accordance with the provisions of Chapter 6 of Title 3. (§ 3, Ord. 329, as amended by § 2, Ord. 90-31, eff. August 22, 1990; Ord. 96-20, Amended, 12/18/1996; Ord. 97-11, Amended, 06/05/1997, Adopted May 5, 1997, effective June 5, 1997; § 10, Ord. 13-13, eff. July 12, 2013)

6.5.206 Protest procedures.

An owner/developer may protest the imposition of fees, dedications, reservations, or other exactions on a development project imposed pursuant to the authority of this chapter, in accordance with Government Code Sections 66020 and 66021, by following the procedures for protesting fees adopted by resolution of the City Council. (§ 4, Ord. 329; § 10, Ord. 13-13, eff. July 12, 2013)

Article 3. Meters, Main Connections, and Laterals

6.5.301 Main connections by City.

All connections to water mains for water service shall be made by the City except in cases where a permit is issued by the City Engineer specifically allowing such connections to be made by a subdivider or owner. All such connections shall include the installation of a water meter of a type and make approved by the City Engineer. (§ 1, Ord. 437, eff. February 14, 1968, as amended by Ord. 94-6, eff. March 24, 1994)

6.5.302 Installation of laterals: Applications and fees.

Any property owner whose property has a City water main passing along a street abutting such property may make a written application to the Water Department for a water service connection. The fees for such connection shall be paid at the time of and as a part of such application and shall be as follows:

(a) In cases of the connection of a service by the City, a fee as set forth in the Master Development Fee Schedule shall be charged, and in cases where a subdivider or owner has, pursuant to a permit issued by the City, furnished and installed a house lateral at his own cost and expense from the main to the property line, the fee shall be as set forth in the Master Development Fee Schedule.

(b) In any case where a request is made for a connection larger than two (2") inches, the installation shall be made only by the City, and the person requesting such service shall pay the full cost of all labor and materials therefor, including all engineering fees and a reasonable cost to the City for services rendered by the City employees, including the cost and expense of all excavations, repaving, and resurfacing of City streets. The person requesting such services, at the time of requesting such services, shall deposit with the City such an amount as is estimated by the City Engineer as being necessary to cover all such costs and expenses, and, in the event such deposit is insufficient, any balance shall be paid immediately upon the completion of the work, and any overpayment shall be refunded.

(c) The charges specified in subsection (a) of this section shall be adjusted annually, rounded to the nearest dollar, by the percentage increase or decrease in the Engineering News Record Index for the California Cities for the twelve (12) month period, preceding December, or by variations of the actual construction costs. The foregoing fees, and any amendment thereto, shall be fixed by the City Council, by resolution and shall be included in the Master Development Fee Schedule. (§ 1, Ord. 439, eff. February 14, 1968, as amended by § 1, Ord. 73-45, eff. January 16, 1974; § 12, Ord. 79-25, eff. August 1, 1979; § 8, Ord. 93-19, eff. August 18, 1993, § 11, Ord. 93-24, eff. December 1, 1993; § 14, Ord. 95-14, eff. June 30, 1995; Ord. 96-20, Amended, 12/18/1996)

6.5.303 Standby fire service lines.

Any person who desires standby fire service lines shall install such lines at his own cost and expense only after receiving a permit therefor issued by the City, and all such lines shall be installed in such a manner and in such specifications as the City may require. (§ 1, Ord. 439, eff. February 14, 1968)

Article 4. Heat Transfer Systems Utilizing Water

6.5.401 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “System” shall mean any equipment, apparatus, contrivance, or device, or any combination thereof, whereby water is used wholly or in part to add heat to or remove heat from a gas, a liquid, a product, or a machine and shall include air-conditioning and refrigeration systems.

(b) “Drainage well” shall have the meaning designated by Section 6.6.01.

(d) “Premises” shall mean a property, or that portion of a property, or properties served with City water from a single connection to a City main.

(e) “Water conservation device” shall mean an evaporative condenser, water cooling tower, or similar apparatus by which any fluid or gas used in any system for heat transfer is cooled by recirculated water and which does not consume water in an amount in excess of 0.15 gallons per minute per ton of capacity, and, as to an evaporative cooler, it shall mean a water recirculating device.

(f) “Ton of capacity” shall mean cooling capacity for the computation of which the following relationships shall be deemed correct: one ton per hour which equals one horsepower which equals 12,000 B.T.U.’s per hour.

(g) “Water Division” shall mean the Water Division of the Department of Public Utilities of the City.

(h) “City water” shall mean water furnished by the Water Division.

(i) “Director” shall mean the Director of Public Utilities of the City. (§ 1, Ord. 447, eff. April 17, 1968; Ord. 96-20, Amended, 12/18/1996; § 5, Ord. 09-21, eff. December 2, 2009)

6.5.402 Permits required.

No person shall install or replace any system which requires a supply of City water without having first obtained a permit from the Planning and Development Services Department. (§ 1, Ord. 447, eff. April 17, 1968, as amended by Ord. 94-6, eff. March 24, 1994)

6.5.403 Water conservation devices required.

(a) No person shall install or replace any system, including portable systems on any premises, unless such system is equipped with a water conservation device, and such device is properly maintained at all times, except as follows:

(1) In a multi-story building, unconserved water-cooled refrigeration units used only for the commercial preservation of food may be installed, replaced, or maintained provided such unit has a capacity of less than one ton and that all such units on any one premises do not exceed a cumulative total capacity of two (2) tons and do not consume more than one and one-half (1.5) gallons of water per minute per ton of capacity per unit.

(2) Evaporative coolers may be installed, replaced, or maintained provided no evaporative cooler or coolers on any premises shall have a cumulative total capacity of more than one thousand eight hundred (1,800) cubic feet of air per minute.

(3) A system may be installed, replaced, or maintained provided it is not connected to City water, and a source of water supply is developed on the same premises for the exclusive use of such system, and a drainage well, drilled pursuant to and in conformance with the provisions of Chapter 6 of this title, is used as the sole means of disposing of water discharged from such system.

(b) When a system is installed or maintained on any premises contrary to the provisions of this article, no City water service shall be granted to serve such premises, whether located in or out of the City limits.

(c) No person shall sell or deliver any evaporative cooler designed to deliver more than one thousand eight hundred (1,800) cubic feet of air per minute which he knows or has reason to know is intended to use City water unless such cooler is, when sold and delivered, equipped with a water conservation device. (§ 1, Ord. 447, eff. April 17, 1968)

6.5.404 Conformance to other code provisions.

Any system using City water shall conform to all other applicable sections of this code. (§ 1, Ord. 447, eff. April 17, 1968)

6.5.405 Discontinuance of water service for violations.

(a) Whenever the Director shall find that, because of illegal or improper installation, alteration, improper operations, or lack of maintenance, any system connected to City water will, when operated, cause use of City water in excess of 0.15 gallons per minute per ton of capacity for systems with conservation devices, or one and one-half (1.5) gallons per minute per ton of capacity for systems described in Section 6.5.403(a)(1), or will cause waste water therefrom to be discharged in violation of any provisions of this code, the Director shall give notice in writing to correct the deficiency. The notice shall identify the system and specify the correction or corrections required and shall contain a statement that if the deficiency is not corrected or the system disconnected from City water within fifteen (15) days from the date of service of such notice, the Director will order that City water service to the premises on which such system is located be discontinued forthwith. The notice shall be directed to and served upon the person in whose name water service to the premises is then being furnished, as shown by the accounting records of the City or, if such service is in the names of more than one person, to either or any of such persons. A copy of such notice shall also be served upon each person having possession as tenant or otherwise of all or any part of the premises and who receives City water service by the same service connection which supplies the system described in the notice.

(b) If, upon the expiration of fifteen (15) days from the date of service of the notice, the system has not been corrected as specified in the notice or disconnected from City water, the Director shall order the City water service to the premises on which such system is maintained to be discontinued; provided, however, the Director may for good cause extend the time for making any required correction for not to exceed an additional thirty (30) days.

(c) No premises which have been disconnected from City water service by order of the Director pursuant to the provisions of subsection (b) of this section shall be reconnected until the system has been corrected as specified in the notice or disconnected from City water and until all the reconnection charges required by this chapter have been paid. (§ 1, Ord. 447, eff. April 17, 1968; as amended by Ord. 94-6, eff. March 24, 1994; 96-20, eff. 12/18/1996)

Article 5. Water Efficient Landscape Requirements*

* Article 5, Sections 6.5.501 through 6.5.508, added by Ordinance No. 92-42, amended in its entirety by Ordinance No. 10-04.

6.5.501 Applicability.

(a) The requirements herein shall apply to all of the following landscape projects:

(1) New construction projects with an aggregated landscape area equal to or greater than five hundred (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 two thousand five hundred (2,500) square feet requiring a building or landscape permit, plan check, or design review;

(3) Existing landscapes constructed prior to the effective date of this chapter are limited to Sections 6.5.512 and 6.5.513;

(4) New and rehabilitated cemeteries are limited to Sections 6.5.503(b)(2), 6.5.506 and 6.5.507; and existing cemeteries are limited to Sections 6.5.512 and 6.5.513.

(b) Any individual single-family residential lot of any size or any project with an aggregate landscape area of two thousand five hundred (2,500) square feet or less may comply with the performance requirements of this article or conform to the prescriptive measures contained in Section 6.5.515.

(c) For projects using treated or untreated graywater or rainwater captured on site, any lot or parcel within the project that has less than two thousand five hundred (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 Section 6.5.515(b)(5).

(d) This article does not apply to:

(1) Registered local, State or Federal historic 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. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.502 Definitions.

The terms used in this article 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 6.5.504.

(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 the 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 the 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) “City” shall mean the City of Clovis Department of Planning and Development Services unless indicated otherwise.

(i) “Common interest developments” means community apartment projects, condominium projects, planned developments, and stock cooperatives per Civil Code Section 1351.

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

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

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

(m) “Drip irrigation” means any nonspray 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.

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

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

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

(q) “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 (2) years of growth.

(r) “Establishment period of the plants” means the first year after installing the plant in the landscape or the first two (2) years if irrigation will be terminated after establishment. Typically, most plants are established after one or two (2) years of growth. Native habitat mitigation areas and trees may need three (3) to five (5) years for establishment.

(s) “Estimated total water use” (ETWU) means the total water used for the landscape as described in Section 6.5.503(b)(2)(ii)(ac).

(t) “ET adjustment factor” (ETAF) means a factor of 0.55 for residential areas and 0.45 for nonresidential areas, that, when applied to reference evapotranspiration, adjusts for plant factors and irrigation efficiency, two (2) major influences upon the amount of water that needs to be applied to the landscape. The ETAF for a new and existing (nonrehabilitated) special landscape area shall not exceed 1.0. The ETAF for existing nonrehabilitated landscapes is 0.8.

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

(v) “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.

(w) “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.

(x) “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.

(y) “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.

(z) “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. Health and Safety Code Section 17922.12.

(aa) “Hardscapes” means any durable material (pervious and nonpervious).

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

(cc) “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).

(dd) “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.

(ee) “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.

(ff) “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 article is 0.75 for overhead spray devices and 0.81 for drip systems.

(gg) “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.

(hh) “Irrigation water use analysis” means an analysis of water use data based on meter readings and billing data.

(ii) “Landscape architect” means a person who holds a license to practice landscape architecture in the State of California. Business and Professions Code Section 5615.

(jj) “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 nonpervious hardscapes, and other nonirrigated areas designated for nondevelopment (e.g., open spaces and existing native vegetation).

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

(ll) “Landscape documentation package” means the documents required under Section 6.5.503.

(mm) “Landscape project” means total area of landscape in a project as defined in “landscape area” for the purposes of this article, meeting requirements under Section 6.5.501.

(nn) “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.

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

(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 6.5.503(b)(2)(ii)(ab). 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) “Nonresidential 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 the reference evapotranspiration (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. Plant factors cited in this chapter are derived from the publication “Water Use Classification of Landscape Species.” Plant factors may also be obtained from horticultural researchers from academic institutions or professional associations as approved by the California Department of Water Resources (DWR).

(ggg) “Project applicant” means the individual or entity submitting a landscape documentation package required under Section 6.5.503, to request a permit, plan check, or design review from the City. A project applicant may be the property owner or his or her designee.

(hhh) “Rain sensor” or “rain sensing shut-off 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 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 as represented in Section 6.5.503(b)(2)(ii)(aa), and is an estimate of the evapotranspiration of a large field of four- (4") to seven-inch (7") tall, cool-season grass that is well watered. Reference evapotranspiration is used as the basis of determining the maximum applied water allowance so that regional differences in climate can be accommodated.

(mmm) “Rehabilitated landscape” means any re-landscaping project that requires a permit, plan check, or design review, meets the requirements of Section 6.5.501, and the modified landscape area is equal to or greater than two thousand five hundred (2,500) square feet.

(nnn) “Residential landscape” means landscapes surrounding single- 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 groundcover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, perennial ryegrass, red fescue, and tall fescue are cool-season grasses. Bermuda grass, Kikuyu grass, seashore paspalum, St. Augustine grass, zoysia grass, 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 storm water best management practices that are not irrigated and used solely for water treatment or storm water retention are not water features and, therefore, are not subject to the water budget calculation. Groundwater recharge ponds which utilize untreated surface water or recycled water 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. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.503 Landscape documentation package submittal requirements.

(a) Prior to issuance of a building permit, encroachment permit, or beginning of construction, the project applicant shall submit a landscape documentation package to the City for review and approval. The landscape documentation package shall contain the information required by subsection (b) of this section and shall be incorporated into the improvement plan and/or landscape plan set required for permit approvals.

(b) Elements of the landscape package. The landscape package shall include the following six (6) elements:

(1) Project information, which shall include the following:

(i) Date;

(ii) Project applicant;

(iii) Project address;

(iv) Total landscape area (square feet), including a breakdown of turf and plant material;

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

(vi) Water supply type (e.g., potable, recycled, private well, untreated surface water);

(vii) Checklist of all documents in landscape documentation package;

(viii) Project contacts to include contact information for the project applicant and property owner; and

(ix) 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.

(i) Hydrozone information table for the landscape project; and

(ii) Water budget calculations:

(aa) For the calculation of 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
1.0	1.5	3.2	4.8	6.4	7.7	8.5	7.3	5.3	3.4	1.4	0.7	51.4

Water budget calculations shall adhere to the following requirements:

1. The plant factor used shall be from WUCOLS (Water Use Classification of Landscape Species) or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources (DWR). The plant factor ranges from 0 to 0.1 for very low water using plants, 0.1 to 0.3 for low water use plants, from 0.4 to 0.6 for moderate water use plants, and from 0.7 to 1.0 for high water use plants.

2. All water features shall be included in the high water use hydrozone and temporarily irrigated areas shall be included in the low water use hydrozone.

3. All special landscape areas shall be identified and their water use calculated as described below.

4. ETAF for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0.

(ab) The maximum applied water allowance (MAWA) shall be calculated using the equation:

MAWA = (ETo) (0.62) [(ETAF x LA) + ((1 - ETAF) x SLA)] where:

MAWA = Maximum applied water allowance (gallons per year)

ETo = Reference evapotranspiration (inches per year)

0.62 = Conversion factor (to gallons)

ETAF = ET adjustment factor (0.55 for residential areas and 0.45 for nonresidential areas)

LA = Landscape area including SLA (square feet)

SLA = Special landscape area (square feet)

(ac) The estimated total water use shall be calculated using the equation below. The sum of the estimated total water use calculated for all hydrozones shall not exceed MAWA.

Where:

ETWU = Estimated total water use per year (gallons)

ETo = Reference evapotranspiration (inches)

PF = Plant factor from WUCOLS (see Section 6.5.502)

HA = Hydrozone area [high, medium, low, and very low water use areas] (square feet)

SLA = Special landscape area (square feet)

0.62 = Conversion factor

IE = Irrigation efficiency (0.75 for spray head and 0.81 for drip)

(3) Soil management report. 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:

(i) Submit soil samples to a laboratory for analysis and recommendations.

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

(ab) The soil analysis shall include:

1. Soil texture;

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

3. pH;

4. Total soluble salts;

5. Sodium;

6. Percent organic matter; and

7. Recommendations.

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

(ii) The project applicant or designee shall comply with one of the following:

(aa) If significant mass grading is not planned, the soil analysis report shall be submitted as part of the landscape documentation package; or

(ab) If significant mass grading is planned, the soil analysis report shall be submitted as part of the certificate of completion.

(iii) The soil analysis 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.

(iv) Upon completion of construction and prior to issuance of an occupancy permit or project acceptance, the project applicant or designee shall submit documentation verifying implementation of soil analysis report recommendations within the landscaped area to the City with the certificate of completion.

(4) Landscape design plan. Landscape plans, including plant selection, shall be designed consistent with City landscape design standards and guidelines. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package:

(i) Plant material. The estimated total water use for plants selected for the landscape area shall not exceed the maximum applied water allowance. The landscape plan shall identify landscape materials, trees, shrubs, groundcover, and turf. Plant symbols shall be clearly drawn and plants shall be labeled by botanical name, common name, container size, spacing and quantities for each group of plants specified. Planting areas dedicated permanently and solely to edible plants should be clearly delineated.

(ii) Plant selection. Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site and consideration of the following factors: 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 based on climate zone tolerance; selection based on the horticultural attributes of plants such as mature plant size and invasive roots to minimize damage to property or infrastructure; allow for adequate soil volume for healthy root growth; selection of trees based on tree shading requirements; the solar orientation for plant placement to maximize summer shade and winter solar gain; selection of plants from local fuel modification plan guidelines; and selection from City recommended plant lists.

(iii) Hydrozone information. Delineate and label each hydrozone by number, letter, or other method; identify each hydrozone as low, moderate, high water, or mixed water use; identify recreational areas; identify areas permanently and solely dedicated to edible plants; identify areas irrigated with recycled water; identify type and surface area of water features; surface area of a water feature shall be included in the high water use hydrozone area of the water budget calculation. Temporarily irrigated areas of the landscape shall be included in the low water use hydrozone for the water budget calculation. Each hydrozone shall have plant materials with similar water use, with the exception of hydrozones with plants of mixed water use, as specified in subsection (b)(5)(ii)(ad) of this section.

(iv) Turf is not allowed on slopes greater than twenty-five percent (25%) where the toe of the slope is adjacent to an impermeable hardscape and where twenty-five percent (25%) means one foot (1') of vertical elevation change for every four feet (4') of horizontal length.

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

(vi) 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.

(vii) Water features may be permitted, subject to design review, and the provisions of Section 6.5.514.

(viii) Soil preparation, mulch and amendments. 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. Soil amendments shall be incorporated according to recommendations of the soil report and what is appropriate for the plants selected. For landscape installations, compost at a rate of a minimum of four (4) cubic yards per one thousand (1,000) square feet of permeable area shall be incorporated to a depth of six inches (6") into the soil. Soils with greater than six percent (6%) organic matter in the top six inches (6") of soil are exempt from adding compost and tilling. A minimum three-inch (3") 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 (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. Stabilizing mulching products shall be used on slopes that meet current engineering standards. The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement.

(ix) Other design considerations. The landscape design plan shall also identify: hardscapes (pervious and nonpervious); property lines; utilities and utility easements; streets; buildings and structures; natural features to remain; location, installation details, and twenty-four (24) hour retention or infiltration capacity of any applicable storm water best management practices that encourage on-site retention and infiltration of storm water; any applicable rain harvesting or catchment technologies (e.g., rain gardens, cisterns, etc.); and any applicable graywater discharge piping, system components and area(s) of distribution.

(x) Verification. The landscape plan shall contain the following statement: “I have complied with the criteria of the Water Efficient Landscape Requirements Ordinance and applied them for the efficient use of water in the landscape design plan”; and shall bear the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agriculture Code.)

(5) Irrigation design plan. This section applies to landscaped areas requiring permanent irrigation, not areas require temporary irrigation 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.

(i) System requirements.

(aa) Landscape water meters shall be installed for all nonresidential irrigated landscapes of one thousand (1,000) square feet or more and residential irrigated landscapes of five thousand (5,000) square feet or greater.

(ab) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing nonvolatile memory shall be required for irrigation scheduling in all irrigation systems.

(ac) 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.

1. 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.

2. 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.

(ad) 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.

(ae) 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.

(af) Backflow prevention devices shall be provided as required by the City Water Division to protect the water supply from contamination by the irrigation system.

(ag) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all nonresidential landscapes and residential landscapes of five thousand (5,000) square feet or larger.

(ah) 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.

(ai) The irrigation system shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas, hardscapes, roadways, or structures.

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

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

(al) The irrigation system must be designed and installed to meet the irrigation efficiency criteria as described in subsection (b)(2) of this section regarding the maximum applied water allowance.

(am) 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.

(an) The project applicant shall consult with the City Water Division about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.

(ao) Low volume irrigation shall be used in mulched planting areas to maximize water infiltration into the root zone.

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

(aq) Sprinkler spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations.

(ar) Swing joints or other riser-protection components shall be provided on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass.

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

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

(au) Overhead irrigation shall not be permitted within twenty-four inches (24") of any nonpermeable surface. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low volume nonspray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:

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

2. The adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping; or

3. The irrigation designer specifies an alternative design or technology, as part of the landscape documentation package and clearly demonstrates strict adherence to irrigation system design criteria in subsection (b)(5)(i)(ai) of this section. Prevention of overspray and runoff must be confirmed during the irrigation audit.

(av) Slopes greater than twenty-five percent (25%) shall not be irrigated with an irrigation system with a application rate exceeding three-quarter inches (0.75") 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.

(ii) Hydrozone irrigation design parameters.

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

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

(ac) 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.

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

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

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

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

(af) The areas irrigated by each valve shall be designated, and each valve shall be assigned a number corresponding to the hydrozones identified on the landscape plan. The valve numbers shall be listed in the hydrozone information table on the plans.

(iii) The irrigation design plan, at a minimum, shall identify:

(aa) Location and size of separate water meters for landscape;

(ab) 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;

(ac) Static water pressure at the point of connection to the public water supply;

(ad) Flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for each station;

(ae) Recycled water irrigation systems as specified in Section 6.5.509.

(iv) Verification. The irrigation plan shall contain the following statement: “I have complied with the criteria of the Water Efficient Landscape Requirements Ordinance and applied them accordingly for the efficient use of water in the irrigation design plan”; and shall bear the signature of a licensed landscape architect, certified irrigation designer, licensed landscape contractor, or any other person authorized to design an irrigation system. (See Sections 5500.1, 5615, 5641, 5641.1, 5641.2, 5641.3, 5641.4, 5641.5, 5641.6, 6701, and 7027.5 of the Business and Professions Code, Section 832.27 of Title 16 of the California Code of Regulations, and Section 6721 of the Food and Agricultural Code.)

(6) Grading design plan. 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 permits satisfies this requirement.

(i) The project applicant shall submit a landscape grading plan that indicates finished configurations and elevations of the landscape area including: height of graded slopes; drainage patterns; pad elevations; finish grade; proposed underground and in-ground drainage improvements; and storm water retention improvements, if applicable.

(ii) The grading design plan shall contain the following statement: “I have complied with the criteria of the Water Efficient Landscape Requirements 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.

(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 his/her designee; and

(3) Submit a copy of the water efficient landscape worksheet to the City Water Division. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.504 Landscape certificate of completion.

(a) Prior to issuance of a certificate of occupancy or final project acceptance, project applicant shall submit a signed certificate of completion to the City for review. The certificate of completion shall include the following elements:

(1) Project information sheet that contains: date; project name; project applicant name, telephone, and mailing address; project address and location; and 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. Where there have been significant changes made in the field during construction, “as-built” or record drawings shall be included with the certification; a diagram of the irrigation plan showing hydrozones shall be kept with the irrigation controller for subsequent management purposes;

(3) Irrigation scheduling parameters used to set the controller (see Section 6.5.505);

(4) Landscape and irrigation maintenance schedule (see Section 6.5.506);

(5) Irrigation audit report (see Section 6.5.507); and

(6) Soil analysis report, if not initially submitted with the landscape documentation package, and documentation verifying implementation of soil report recommendations.

(b) The project applicant shall: ensure that copies of the approved certificate of completion are submitted to the City Water Division and property owner or his or her designee.

(c) The City shall receive and either 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. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.505 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. Operation of the irrigation system outside the normal watering window is allowed for auditing, system maintenance and during plant establishment period.

(3) The irrigation schedule shall factor in 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:

(i) The plant establishment period;

(ii) The established landscape; and

(iii) Temporarily irrigated areas.

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

(i) Irrigation interval (days between irrigation);

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

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

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

(v) Application rate setting;

(vi) Root depth setting;

(vii) Plant type setting;

(viii) Soil type;

(ix) Slope factor setting;

(x) Shade factor setting; and

(xi) Irrigation uniformity or efficiency setting. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.506 Landscape and irrigation maintenance.

(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.

(c) Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.507 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 one in seven (7) lots or approximately fifteen percent (15%) will satisfy this requirement.

(c) For new construction and rehabilitated landscape projects installed after December 1, 2015, as described in Section 6.5.501:

(1) The project applicant shall submit an irrigation audit report with the certificate of completion to the City that shall include, but is not limited to: inspection, system tune-up, system test with distribution uniformity, reporting overspray or runoff that causes overland flow, and preparation of an irrigation schedule, including configuring irrigation controllers with application rate, soil types, plant factors, slope, exposure and any other factors necessary for accurate programming;

(2) The City Public Utilities Department shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the maximum applied water allowance. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.508 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. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.509 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 City and State laws.

(c) Landscapes using recycled water are considered special landscape areas. The ET special landscape area for new and existing (nonrehabilitated) special landscape areas shall not exceed 1.0. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.510 Storm water management.

Project applicants shall implement storm water best management practices as required in Chapter 7 of this title, Urban Storm Water Quality Management and Discharge Control. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.511 Public education.

(a) The City shall make available 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; 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. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.512 Provisions for existing landscapes.

(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 in subsection (a) of this section that have a water meter, the City Public Utilities Department 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 in subsection (a) of this section that do not have a meter, the City Public Utilities Department 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 required landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.513 Water waste prevention.

Water wasting is prohibited and for purposes of this chapter shall be defined as runoff leaving a landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, parking lots, or structures. Runoff and overspray is not considered water waste if the landscape area is adjacent to permeable surfacing and no runoff occurs from the property, or the adjacent nonpermeable surfaces are designed and constructed to drain entirely to landscaping. Penalties for water wasting shall be per Section 6.5.110. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.514 Water features.

(a) Regulated water features for purposes of this section contain five hundred (500) gallons of water or more and in the case of swimming pools are more than eighteen inches (18") in depth.

(b) Recirculating water. All water features shall use recirculating water or the water shall be reused for landscape irrigation. If untreated surface water or recycled water is used and is used for artificial recharge of the groundwater aquifer, recirculating water is not required.

(c) Permits required. No water feature shall be constructed or installed within the City by any person without first securing a permit therefor from the Building Division of the Planning and Development Services Department in accordance with Title 8, Building Regulations.

(d) Management plan. All persons applying for a permit to construct or install a water feature shall prior to permit issuance provide a management plan prepared by a registered engineer or other professional determined to be competent by the City for the water feature. The management plan shall indicate how the water feature will be maintained and shall be reviewed and approved by the City Water Division prior to permit issuance.

(e) Seepage. All water features, unless filled with reclaimed or untreated surface water, shall not lose more than one inch (1") per year in water depth due to seepage. The applicant shall, by calculations based on the type of material used for the water feature lining, determine the expected water loss due to seepage prior to permit approval. (§ 1, Ord. 10-04, eff. April 14, 2010; § 2, Ord. 15-28, eff. January 13, 2016)

6.5.515 Prescriptive compliance option.

(a) This section contains prescriptive requirements which may be used as a compliance option per Sections 6.5.501(b) and (c).

(b) Compliance with the following items is required and shall be documented on a landscape plan to utilize the prescriptive compliance option:

(1) Project applicant or designee shall submit a landscape documentation package which includes the following elements:

(i) Date.

(ii) Project applicant.

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

(iv) Total landscape area (square feet), including a breakdown of turf and plant material.

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

(vi) Water supply type (e.g., potable, recycled, private well).

(vii) Contact information for the project applicant and property owner.

(viii) Applicant signature and date with statement, “I agree to comply with the requirements of the prescriptive compliance option of the Water Efficient Landscape Ordinance.”

(2) Project applicant or designee shall incorporate compost at a rate of at least four (4) cubic yards per one thousand (1,000) square feet to a depth of six inches (6") into landscape area (unless contraindicated by a soil test).

(3) Plant material shall comply with all of the following:

(i) For residential areas, install climate adapted plants that require occasional, little or no summer water (WUCOLS plant factor 0.3) for seventy-five percent (75%) of the plant area excluding edibles and areas using recycled water. For nonresidential areas, install climate adapted plants that require occasional, little or no summer water (average WUCOLS plant factor 0.3) for one hundred percent (100%) of the plant area excluding edibles and areas using recycled water;

(ii) A minimum three-inch (3") 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.

(4) Turf shall comply with all of the following:

(i) Turf shall not exceed twenty-five percent (25%) of the landscape area in residential areas, and there shall be no turf in nonresidential areas;

(ii) Turf shall not be planted on sloped areas which exceed a slope of one foot (1') vertical elevation change for every four feet (4') of horizontal length;

(iii) Turf is prohibited in parkways less than ten feet (10') wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. Any turf in parkways must be irrigated by subsurface irrigation or by other technology that creates no overspray or runoff.

(5) Irrigation systems shall comply with the following:

(i) Automatic irrigation controllers are required and must use evapotranspiration or soil moisture sensor data and utilize a rain sensor.

(ii) Irrigation controllers shall be of a type which does not lose programming data in the event the primary power source is interrupted.

(iii) Pressure regulators shall be installed on the irrigation system to ensure the dynamic pressure of the system is within the manufacturer’s recommended pressure range.

(iv) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be installed as close as possible to the point of connection of the water supply.

(v) All irrigation emission devices must meet the requirements set in the ANSI standard, ASABE/ICC 802-2014, “Landscape Irrigation Sprinkler and Emitter Standard.” All sprinkler heads installed in the landscape must document a distribution uniformity low quarter of 0.65 or higher using the protocol defined in ASABE/ICC 802-2014.

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

(vii) Flow sensors that detect high flow conditions created by system damage or malfunction are required for residential landscapes of five thousand (5,000) square feet or larger.

(6) Dedicated landscape meters or submeters are required for residential landscapes over five thousand (5,000) square feet and for nonresidential projects with landscape areas of one thousand (1,000) square feet or more, private submeter(s) to measure landscape water use shall be installed.

(c) At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and schedule of landscape and irrigation maintenance. The permit applicant shall also provide the owner of the property a plan for the completion of the backyard landscape if backyard landscape is not included with the original permit meeting the requirements of this section. (§ 2, Ord. 15-28, eff. January 13, 2016)