Chapter 11.03
WATER CONSERVATION PLAN
Sections:
11.03.030 Declaration of purpose and intent.
11.03.060 Permanent water conservation requirements – Prohibition against waste.
11.03.070 Level 1 water supply shortage.
11.03.080 Level 2 water supply shortage.
11.03.090 Level 3 water supply shortage – Emergency condition.
11.03.100 Procedures for determination/notification of water supply shortage.
11.03.120 Penalties and violations.
11.03.130 Model water efficient landscaping ordinance (MWELO) requirements.
11.03.010 Title.
This chapter will be known as the city of Bell Gardens water conservation and water supply shortage program. By adoption of this program by the city council, existing Chapter 11.03 BGMC is hereby rescinded. (Ord. 822 § 1, 2009).
11.03.020 Findings.
A. A reliable minimum supply of potable water is essential to the public health, safety and welfare of the people and economy of the Southern California region and of the city of Bell Gardens.
B. Southern California is a semi-arid region and is largely dependent upon imported water supplies. A growing population, climate change, environmental concerns, and other factors in other parts of the state and western United States make the region highly susceptible to water supply reliability issues.
C. Careful water management that includes active water conservation measures not only in times of drought, but at all times, is essential to ensure a reliable minimum supply of water to meet current and future water supply needs.
D. Article X, Section 2 of the California Constitution declares that the general welfare requires that water resources be put to beneficial use, waste or unreasonable use or unreasonable method of use of water are to be prevented, and conservation of water is to be fully exercised with a view to the reasonable and beneficial use of available water supplies.
E. Article XI, Section 7 of the California Constitution declares that a city or county may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws.
F. California Water Code Section 375 authorizes water suppliers to adopt and enforce a comprehensive water conservation program to reduce water consumption and conserve supplies.
G. The State of California Public Utilities Commission, which supervises the operations of public utility water servicing companies in this state, has requested all companies under its jurisdiction to carry on their operations consistent with recognized good and effective water conservation measures.
H. The adoption and enforcement of a water conservation and supply shortage program is necessary to manage the city of Bell Gardens’ potable water supply in the short- and long-term and to avoid or minimize the effects of drought and shortage within the city of Bell Gardens. Such a program is essential to ensure a reliable and sustainable minimum supply of water for the public health, safety and welfare.
I. The residents and businesses of the city are provided potable water supplies by the city-owned water system and a public utility water company provider. The provided water supplies come from the underlying groundwater basin and from the Metropolitan Water District of Southern California, an importer of water supplies to Southern California.
J. The city of Bell Gardens adopted a water conservation plan in 1991 (Ordinance No. 590, Chapter 11.03 BGMC) in the time of the last declared drought throughout the state of California.
K. The state, the state Legislature, and the Metropolitan Water District of Southern California, a major importer of supplemental water supplies to Southern California, have declared a drought at this time in 2008 – 2009.
L. This chapter shall supersede the previously adopted Ordinance No. 590 of Chapter 11.03 BGMC. (Ord. 822 § 2, 2009).
11.03.030 Declaration of purpose and intent.
A. The purpose of this chapter is to replace prior Chapter 11.03 BGMC, Water Conservation Plan, with a water conservation and supply shortage program in concert with that similar program of the Metropolitan Water District of Southern California that will reduce water consumption within the city of Bell Gardens through conservation, enable effective water supply planning, assure reasonable and beneficial use of water, prevent waste of water, and maximize the efficient use of water within the city of Bell Gardens to avoid and minimize the effect and hardship of water shortage to the greatest extent possible.
B. This chapter replaces the city’s water conservation plan given in prior Chapter 11.03 BGMC to establish permanent water conservation standards intended to alter behavior related to water use efficiency at all times and further establishes three levels of water supply shortage response actions to be implemented during times of declared water shortage or declared water shortage emergency, with increasing restrictions on water use in response to worsening drought or emergency conditions and decreasing supplies. (Ord. 822 § 3, 2009).
11.03.040 Definitions.
A. The following words and phrases whenever used in this chapter have the meaning defined in this section:
1. “City” means the city of Bell Gardens and all of its departments.
2. “City council” means the city council of the city of Bell Gardens.
3. “Water purveyor” means the city and any other provider of potable water service in the city of Bell Gardens.
4. “MWD” means the Metropolitan Water District of Southern California.
5. “Section” means a section of this chapter unless some other city ordinance is specifically mentioned.
6. “Fire department” means the fire department of the county of Los Angeles which serves the city.
7. “Health department” means the county of Los Angeles health services department, which serves the city and the State of California Department of Health Services, which oversees by permit the operations of potable water systems in the city.
8. “Building department” means the building official and personnel of the building department of the city, which serve the city.
9. “Person” means any natural person or persons, corporation, public or private entity, governmental agency or institution, including all agencies and departments of the city, or any other user of water provided within the city.
10. “Landscape irrigation system” means an irrigation system with pipes, hoses, spray heads, or sprinkling devices that are operated by hand or through an automated system.
11. “Large landscape areas” means a lawn, landscape, or other vegetated area, or combination thereof, equal to more than 3,000 square feet of irrigable land.
12. “Single pass cooling systems” means equipment where water is circulated only once to cool equipment before being disposed.
13. “Potable water” means water which is suitable for drinking.
14. “Recycled water” means the reclamation and reuse of nonpotable water for beneficial use as defined in Title 22 of the California Code of Regulations.
15. “Billing unit” means the unit of water used to apply water rates for purposes of calculating water charges for a person’s water usage and equals 100 cubic feet of water and/or 748 gallons of water.
16. “Station” means a group of irrigation sprinkler spray heads which are controlled through a valve that opens and closes based on a preset time period of an automated time clock or hand operation of a valve.
17. “Water user” means the owner of a property or the tenant of the property which uses potable water provided by a potable water purveyor in the city. A user includes a person or contractor retained by the property owner or tenant to provide landscape maintenance/irrigation services to the property.
18. “Public works department/director of public works” means an established department of the city and a city-designated official.
19. “Hot line” means a telephone, facsimile and/or electronic mail service that is to be installed in the city public works department and maintained by the public works department under the direction of the public works director for citizens to report apparent violations of this chapter. All information received on the hot line shall be reviewed by the director of public works or his/her designee. Information may be placed by citizens anonymously. (Ord. 822 § 4, 2009).
11.03.050 Application.
A. The provisions of this chapter apply to any person using any potable water provided by a water purveyor in the city.
B. The provisions of this chapter do not apply to uses of water necessary to protect public health and safety or for essential government services, such as police, fire and other similar emergency services.
C. The provisions of this chapter do not apply to the use of recycled water, with the exception of BGMC 11.03.060(A).
D. The provisions of this chapter do not apply to the use of water by commercial nurseries and commercial growers to sustain plants, trees, shrubs, crops or other vegetation intended for commercial sale.
E. This chapter is intended solely to further the conservation of water. It is not intended to implement any provision of federal, state, or local statutes, ordinances, or regulations relating to protection of water quality or control of drainage or runoff from various sources including rainstorms. Refer to the city public works department or to the State of California Regional Water Quality Control Board for information on any stormwater regulations and stormwater management plans.
F. The city building department, in reviewing applications for building permits for development or redevelopment of property, may require the developer to incorporate in his or her development the use of recycled water in lieu of the use of potable water for construction water and/or potable water for the permanent development. The building department and the city planning department may require the use of water use-efficient equipment and designs for development or redevelopment properties. (Ord. 822 § 5, 2009).
11.03.060 Permanent water conservation requirements – Prohibition against waste.
The following water conservation requirements are effective at all times and are permanent. Violations of this section will be considered waste and an unreasonable use of water.
A. Limits on Watering Hours. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited between the hours of 10:00 a.m. and one hour before sunset Pacific Standard Time on any day, except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system. Lawns or other irrigated areas shall not be watered more frequently than every other day. Odd-numbered street-addressed properties may water on odd-numbered dates. Even-numbered street-addressed properties may only do so on even-numbered dates. All irrigated areas may be watered on the thirty-first of the month. The provisions of this subsection shall not apply to restrict watering of newly seeded or reseeded lawns, nor to prohibit drip irrigation systems.
B. Limit on Watering Duration. Watering or irrigating of lawn, landscape or other vegetated area with potable water using a landscape irrigation system or a watering device that is not continuously attended is limited to no more than 15 minutes’ watering per day per station. This subsection does not apply to landscape irrigation systems that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour or weather-based controllers or stream rotor sprinklers that meet a 70 percent efficiency standard.
C. No Excessive Water Flow or Runoff. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining property, or non-landscaped areas such as sidewalk, driveway, street, alley, gutter or ditch, is prohibited.
D. No Washing Down Hard or Paved Surfaces. Washing down hard or paved surfaces, including but not limited to sidewalks, walkways, driveways, parking areas, tennis courts, patios or alleys, is prohibited except when necessary to alleviate safety or sanitary hazards, and then only by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off device, a low-volume, high-pressure cleaning machine equipped to recycle any water used, or a low-volume, high-pressure water broom. Should the use of water for wash-down have to do with an immediate fire or sanitation hazard, written permission shall have been obtained from the fire department, the health department or the building department.
E. Obligation to Fix Leaks, Breaks or Malfunctions. Excessive use, loss or escape of water through breaks, leaks or other malfunctions in the water user’s plumbing or distribution system for any period of time after such escape of water should have reasonably been discovered and corrected, and in no event more than seven days of receiving notice from the city, is prohibited.
F. Recirculating Water Required for Water Fountains and Decorative Water Features. Operating a water fountain or other decorative water feature that does not use recirculated water is prohibited.
G. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited, except by use of a hand-held bucket or similar container or a hand-held hose equipped with a positive self-closing water shut-off nozzle or device. This subsection does not apply to any commercial car washing facility with an on-site water recycling system. Commercial vehicle washing establishments that do not have on-site water recycling for reuse systems shall meet with city staff to work out a satisfactory schedule for the installation of such a system.
H. Drinking Water Served Upon Request Only. Eating or drinking establishments, including but not limited to restaurants, hotels, cafes, cafeterias, bars, or other public places where food or drinks are sold, served, or offered for sale, are prohibited from providing drinking water to any person unless expressly requested by the person.
I. Commercial Lodging Establishments Must Provide Guests Option to Decline Daily Linen Services. Hotels, motels and other commercial lodging establishments must provide customers the option of not having towels and linen laundered daily. Commercial lodging establishments must prominently display notice of this option in each bathroom using clear and easily understood English and Spanish languages.
J. No Installation of Single Pass Cooling Systems. Installation of single pass cooling systems is prohibited in buildings requesting new water service.
K. No Installation of Nonrecirculating Water Systems in Commercial Car Wash and Laundry Systems. Installation of nonrecirculating water systems is prohibited in new commercial conveyor car wash and new commercial laundry systems.
L. Restaurants Required to Use Water Conserving Dish Wash Spray Valves. Food preparation establishments, such as restaurants or cafes, are prohibited from using non-water-conserving dish wash spray valves.
M. Commercial Car Wash Systems. Effective on January 1, 2011, all commercial car wash systems must have installed operational recirculating water systems, or must have secured a waiver of this requirement and/or an extension of time for installation from the city.
N. Construction meters used for irrigation shall not be used between 10:00 a.m. and one hour before sunset.
O. Filling or refilling of private swimming pools, spas, ponds and artificial lakes is prohibited between 10:00 a.m. and one hour before sunset. Swimming pools and spas should be equipped with covers to minimize evaporation and such covers should be used not less than five days a week unless the facility is in use. (Ord. 822 § 6, 2009).
11.03.070 Level 1 water supply shortage.
A. A Level 1 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 1 water supply shortage condition, the city will implement the mandatory Level 1 conservation measures identified in this section.
B. Additional Water Conservation Measures. In addition to the prohibited uses of water identified in BGMC 11.03.060, the following water conservation requirements apply during a declared Level 1 water supply shortage:
1. Limits on Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited not to exceed three days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 72 hours of notification by the city unless other arrangements are made with the city. (Ord. 822 § 7, 2009).
11.03.080 Level 2 water supply shortage.
A. A Level 2 water supply shortage exists when the city determines, in its sole discretion, that due to drought or other water supply conditions, a water supply shortage or threatened shortage exists and a consumer demand reduction is necessary to make more efficient use of water and appropriately respond to existing water conditions. Upon the declaration by the city of a Level 2 water supply shortage condition, the city will implement the mandatory Level 2 conservation measures identified in this section.
B. Additional Conservation Measures. In addition to the prohibited uses of water identified in BGMC 11.03.060 and 11.03.070, the following additional water conservation requirements apply during a declared Level 2 water supply shortage:
1. Watering Days. Watering or irrigating of lawn, landscape or other vegetated area with potable water is limited not to exceed two days per week on a schedule established and posted by the city. During the months of November through March, watering or irrigating of lawn, landscape or other vegetated area with potable water is limited to no more than one day per week on a schedule established and posted by the city. This provision does not apply to landscape irrigation zones that exclusively use very low-flow drip type irrigation systems when no emitter produces more than two gallons of water per hour. This provision also does not apply to watering or irrigating by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, or for very short periods of time for the express purpose of adjusting or repairing an irrigation system.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 48 hours of notification by the city unless other arrangements are made with the city.
3. Limits on Filling Ornamental Lakes or Ponds. Filling or refilling of ornamental lakes or ponds is prohibited, except to the extent needed to sustain aquatic life; provided, that such aquatic life are of significant value and have been actively managed within the water feature prior to declaration of a supply shortage level under this chapter.
4. Limits on Washing Vehicles. Using water to wash or clean a vehicle, including but not limited to any automobile, truck, van, bus, motorcycle, boat or trailer, whether motorized or not, is prohibited except by use of a hand-held bucket or similar container, a hand-held hose equipped with a positive self-closing water shut-off nozzle or device, by high pressure/low volume wash systems, or at a commercial car washing facility that utilizes a recirculating water system to capture or reuse water.
5. Limits on Filling Residential Swimming Pools and Spas. Refilling of more than one foot and initial filling of residential swimming pools or outdoor spas with potable water is prohibited. (Ord. 822 § 8, 2009).
11.03.090 Level 3 water supply shortage – Emergency condition.
A. A Level 3 water supply shortage condition is also referred to as an “emergency” condition. A Level 3 condition exists when the city declares a water shortage emergency and notifies its residents and businesses that a significant reduction in consumer demand is necessary to maintain sufficient water supplies for public health and safety. Upon the declaration of a Level 3 water supply shortage condition, the city will implement the mandatory Level 3 conservation measures identified in this section.
B. Additional Conservation Measures. In addition to the prohibited uses of water identified in BGMC 11.03.060, 11.03.070 and 11.03.080, the following water conservation requirements apply during a declared Level 3 water supply shortage emergency:
1. No Watering or Irrigating. Watering or irrigating of lawn, landscape or other vegetated area with potable water is prohibited. This restriction does not apply to the following categories of use, unless the city has determined that recycled water is available and may be applied to the use:
a. Maintenance of vegetation, including trees and shrubs, that are watered using a hand-held bucket or similar container, hand-held hose equipped with a positive self-closing water shut-off nozzle or device;
b. Maintenance of existing landscape necessary for fire protection;
c. Maintenance of existing landscape for soil erosion control;
d. Maintenance of plant materials identified to be rare or essential to the well-being of protected species;
e. Maintenance of landscape within active public parks and playing fields, day care centers, golf course greens, and school grounds; provided, that such irrigation does not exceed two days per week according to the schedule established in BGMC 11.03.080(B)(1) and time restrictions in BGMC 11.03.060(A) and (B)(1);
f. Actively irrigated environmental mitigation projects.
2. Obligation to Fix Leaks, Breaks or Malfunctions. All leaks, breaks, or other malfunctions in the water user’s plumbing or distribution system must be repaired within 24 hours of notification by the city unless other arrangements are made with the city.
3. a. No New Potable Water Service. Upon declaration of a Level 3 water supply shortage emergency condition, no new potable water service will be provided, no new temporary meters or permanent meters will be provided, and no statements of immediate ability to serve or provide potable water service (such as will-serve letters, certificates, or letters of availability) will be issued, except under the following circumstances:
i. A valid, unexpired building permit has been issued for the project; or
ii. The project is necessary to protect the public health, safety, and welfare; or
iii. The applicant provides substantial evidence of an enforceable commitment that water demands for the project will be offset prior to the provision of a new water meter(s) to the satisfaction of the city.
This provision does not preclude the resetting or turn-on of meters to provide continuation of water service or the restoration of service that has been interrupted for a period of one year or less; or
b. Limits on Building Permits. The city will limit or withhold the issuance of building permits which require new or expanded water service, except to protect the public health, safety and welfare, or in cases which meet the city’s adopted conservation offset requirements.
4. Discontinue Service. The city, in its sole discretion, may order a water purveyor in the city to discontinue service to a water user who willfully violates provisions of this section. (Ord. 822 § 9, 2009).
11.03.100 Procedures for determination/notification of water supply shortage.
A. Declaration and Notification of Water Supply Shortage. The existence of Level 1, Level 2 or Level 3 water supply shortage conditions may be declared by resolution of the city adopted at a regular or special public meeting held in accordance with state law. The mandatory conservation requirements applicable to Level 1, Level 2 or Level 3 conditions will take effect on the tenth day after the date the water supply shortage level is declared. Within five days following the declaration of the shortage level, the city or other water purveyors must publish a copy of the resolution in a newspaper used for publication of official notices. If the city activates a water allocation process, it must provide notice of the activation by including it in the regular billing statement or by any other mailing to the address to which the city or other water purveyors customarily mail the billing statement for fees or charges for ongoing water service. A water allocation will be effective on the fifth day following the date of mailing or at such later date as specified in the notice. (Ord. 822 § 10, 2009).
11.03.110 Hardship waiver.
A. Undue and Disproportionate Hardship. If, due to unique circumstances, a specific requirement of this chapter would result in undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water users, then the person may apply for a waiver to the requirements as provided in this section.
B. Written Finding. The waiver may be granted or conditionally granted only upon a written finding of the existence of facts demonstrating an undue hardship to a person using water or to property upon which water is used, that is disproportionate to the impacts to water users generally or to similar property or classes of water use due to specific and unique circumstances of the user or the user’s property.
1. Application. Application for a waiver must be on a form prescribed by the city and accompanied by a nonrefundable processing fee in an amount set by the city council resolution.
2. Supporting Documentation. The application must be accompanied by photographs, maps, drawings, and other information, including a written statement of the applicant.
3. Required Findings for Waiver. An application for a waiver will be denied unless the director of public works finds, based on the information provided in the application, supporting documents, or such additional information as may be requested, and on water use information for the property as shown by the records of the water purveyor, all of the following:
a. That the waiver does not constitute a grant of special privilege inconsistent with the limitations upon other properties and businesses;
b. That because of special circumstances applicable to the property or its use, the strict application of this chapter would have a disproportionate impact on the property or use that exceeds the impacts to properties and businesses generally;
c. That the authorizing of such waiver will not be of substantial detriment to adjacent properties, and will not materially affect the ability of the city to effectuate the purpose of this chapter and will not be detrimental to the public interest; and
d. That the condition or situation of the subject property or the intended use of the property for which the waiver is sought is not common, recurrent or general in nature.
e. That the water user has demonstrated that he or she, prior to or after adoption of this chapter, has taken effective measures for purposes of water conservation.
4. Approval Authority. The director of public works must act upon any completed application no later than 10 days after submittal and may approve, conditionally approve, or deny the waiver. The applicant requesting the waiver must be promptly notified in writing of any action taken. Unless specified otherwise at the time a waiver is approved, the waiver will apply to the subject property during the period of the mandatory water supply shortage condition. The decision of the director of public works will be final, except that the applicant may file a written appeal to the city council. The city manager, after due process, may grant, deny or grant with conditions the appeal. (Ord. 822 § 11, 2009).
11.03.120 Penalties and violations.
A. Misdemeanor. Any violation of this chapter may be prosecuted as a misdemeanor punishable by imprisonment in the county jail for not more than 30 days, or by a fine not exceeding $1,000, or by both.
B. Penalties. Penalties for failure to comply with any provisions of this chapter are as follows:
1. First Violation. The city will issue a written warning and deliver a copy of this chapter by United State Postal Service first class (USPS) mail.
2. Second Violation. A second violation within the following 12 calendar months of the first violation is punishable by a fine not to exceed $100.00.
3. Third Violation. A third violation within the following 12 calendar months of the first violation is punishable by a fine not to exceed $250.00.
4. Fourth and Subsequent Violations. A fourth violation in the following 12 calendar months of the first violation and any subsequent violation is punishable by a fine not to exceed $500.00.
a. Water Flow Restrictor. In addition to any fines, the city may cause to be installed a water flow restrictor device of approximately one gallon per minute capacity for service pipe up to one and one-half inch size and comparatively sized restrictors for larger services after written notice of intent to install a flow restrictor for a minimum of 48 hours.
5. Discontinuing Service. In addition to any fines and the installation of a water flow restrictor, the city may cause the disconnection of a customer’s water service for willful violations of mandatory restrictions in this chapter.
C. Cost of Flow Restrictor and Disconnecting Service. A person or entity that violates this chapter is responsible for payment of the water purveyor’s charges for installing and/or removing any flow restricting device and for disconnecting and/or reconnecting service per the water purveyor’s schedule of charges then in effect. The charge for installing and/or removing any flow restricting device must be paid to the water purveyor before the device is removed. Nonpayment will be subject to the same remedies as nonpayment of the water bill.
D. Separate Offenses. Each day that a violation of this chapter occurs is a separate offense.
E. Notice and Hearing.
1. The city will issue a notice of violation by USPS first class mail or personal delivery at least 10 days before taking enforcement action. Such notice must describe the violation and the date by which corrective action must be taken. A water service user may appeal the notice of violation by filing a written notice of appeal with the city clerk no later than the close of business on the day before the date scheduled for enforcement action. Any notice of violation not timely appealed will be final. Upon receipt of a timely appeal, a hearing on the appeal will be scheduled, and the city will mail by USPS first class service written notice of the hearing date to the water service user at least 10 days before the date of the hearing.
2. Pending receipt of a written appeal or pending a hearing pursuant to an appeal, the city may take appropriate steps to prevent the unauthorized use of water as appropriate to the nature and extent of the violations and the current declared water level condition. (Ord. 822 § 12, 2009).
11.03.130 Model water efficient landscaping ordinance (MWELO) requirements.
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the city, who are constructing a new (residential, public, institutional, or commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of compost and mulch as delineated in this section.
B. The following compost and mulch use requirements that are part of the MWELO are now also included as requirements of this section. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in subsection (A) of this section shall:
1. Comply with Sections 492.6(a)(3)(B), (C), (D) and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
a. For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six inches into the soil. Soils with greater than six percent organic matter in the top six inches of soil are exempt from adding compost and tilling.
b. For landscape installations, a minimum three-inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such.
c. Organic mulch materials made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinances.
2. The MWELO compliance items listed in this section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined herein shall consult the full MWELO for all requirements.
D. If, after the adoption of the ordinance codified in this section, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015, requirements in a manner that requires city to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
E. Definitions.
1. “Compost” has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of the ordinance codified in this section, that “compost” means the product resulting from the controlled biological decomposition of organic solid wastes that are source separated from the municipal solid waste stream, or which are separated at a centralized facility. (Ord. 920 § 2, 2021).