Chapter 13.04
WATER EFFICIENT LANDSCAPE ORDINANCE
Sections:
13.04.020 Model water efficient landscape ordinance.
13.04.010 Title.
This chapter shall be known as the city of Half Moon Bay water efficient landscape ordinance. (Ord. C-2019-01 §2(part), 2019: Ord. C-1-10 §1(part), 2010).
13.04.020 Model water efficient landscape ordinance.
A. The State Model Water Efficient Landscape Ordinance, California Code of Regulations, Title 23, Sections 490 through 495, as may be amended from time to time (“MWELO”), is hereby incorporated by reference and shall be used for the administration of this chapter.
B. The city and the Coastside County water district shall apply the MWELO to the following projects:
1. Projects involving new construction of an aggregate landscape area equal to or greater than five hundred square feet and requiring a landscape plan, building permit, plan check, or design review; and
2. Projects involving rehabilitation of an aggregate landscape area equal to or greater than two thousand five hundred square feet and requiring a landscape plan, building permit, plan check, or design review.
3. Aggregate 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.
C. Pursuant to the MWELO, the following projects or landscapes are exempt from or subject to limited review:
1. Projects involving new construction of an aggregate landscape area of less than two thousand five hundred square feet that comply with the prescriptive measures found in Appendix D of MWELO are exempt from Sections 492.1 to 492.12 of the MWELO.
2. Existing landscapes, including existing cemeteries, must comply only with Sections 493, 493.1 and 493.2 of the MWELO.
3. New and rehabilitated cemeteries must comply only with Sections 492.4, 492.11 and 492.12 of the MWELO.
4. For any lot or parcel within a project that has (a) an aggregate landscape area less than two thousand five hundred square feet; and (b) sufficient treated or untreated graywater or stored rainwater captured on site to meet the lot’s or parcel’s landscape water requirement, the lot or parcel must comply only with Appendix D, Section 5 of the MWELO.
5. Registered local, state, or federal historical sites are exempt from the MWELO.
6. Ecological restoration projects or mined-land reclamation projects that do not require a permanent irrigation system are exempt from the MWELO.
7. Existing plant collections, as part of botanical gardens or arboretums open to the public, are exempt from the MWELO. (Ord. C-2019-01 §2(part), 2019).
13.04.030 Penalties.
A. Violation and Notice of Correction. It is unlawful for any person, firm, partnership, association, or corporation subject to the requirements of this chapter to fail to comply with the outdoor water efficiency requirements of this chapter. The city manager or his or her designee has the authority to conduct such inquiries, audits or surveys to ensure compliance with the requirements of this chapter. Whenever he or she determines that a violation of this chapter has occurred, he or she may serve a notice of correction on the owner(s) of the property on which the violation is situated. The owner(s) of record shall have ninety days to take corrective action.
B. Administrative Enforcement. In addition to any other remedy provided by the Municipal Code, any provision of this chapter may be enforced by an administrative order issued pursuant to any one of the administrative processes set forth in Chapter 4.16. (Ord. C-2019-01 §2(part), 2019: Ord. C-1-10 §1(part), 2010. Formerly 13.04.140).