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HomeMy WebLinkAboutMC-1311 Adopted: August 17, 2009 Effective: September 17, 2009 1 ORDINANCE NO. KC-1311 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN 3 BERNARDINO MUNICIPAL CODE CHAPTER 17.06, RELATING TO THE CITY OF 4 SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM. 5 6 The Mayor and Common Council of the City of San Bernardino do ordain as follows: 7 WHEREAS, Section 40(z) of the Charter of the City of San Bernardino vests the Mayor 8 and Common Council with the power to make and enforce all laws and regulations with respect 9 to municipal affairs, subject only to the restrictions and limitations provided in the Charter or by 10 state law; and 11 WHEREAS, California Goverrunent Code Section 65593(c) provides: "It is the policy of 12 the state to promote the conservation and efficient use of water and to prevent the waste of this 13 valuable resource"; and 14 WHEREAS, California Goverrunent Code Section 65593(e) provides: "Landscape 15 design, installation, maintenance, and management can and should be water efficient"; and 16 WHEREAS, it is the policy of the City of San Bernardino to encourage the owners of 17 property located within the City to replace landscaping vegetation that is less water efficient with 18 more water efficient vegetation; and 19 WHEREAS, the removal of less water efficient vegetation may require that the vegetation 20 not be irrigated for a period oftime so that it can be retired naturally and without the use of 21 chemicals that may be detrimental to the environment; and 22 WHEREAS, San Bernardino Municipal Code Section 8,27,OlO,A prohibits dry 23 vegetation of any type on property located within the City; and 24 WHEREAS, San Bernardino Municipal Code Section 8.27.010,B prohibits dry grass and 25 stubble on property located within the City; and 26 WHEREAS, San Bernardino Municipal Code Section 8,30,OlO,D provides that dead or 27 decayed vegetation or vegetation constituting an unsightly appearance is a public nuisance; and 28 III MC-1311 I WHEREAS, San Bernardino Municipal Code Section 15,24,040.A.2 provides that all 2 planted vegetation on any property located within the City shall be maintained, including regular 3 irrigation; and 4 WHEREAS, San Bernardino Municipal Code Section 15.24,040.A.3 provides that all 5 property located within the City shall be free of dead vegetation; and 6 WHEREAS, it is desirable that owners of single-family residential property within the 7 City not be required to comply with the above provisions of the San Bernardino Municipal Code 8 during the time that less water efficient vegetation is being retired so that more water efficient 9 vegetation can be installed, 10 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN II BERNARDINO DO ORDAIN AS FOLLOWS: 12 Section I. The Mayor and Common Council find that the above-stated Recitals are 13 true and hereby adopt and incorporate them herein, 14 Section 2, San Bernardino Municipal Code Chapter 17.06, Water Wise Landscape 15 Program, is hereby added to read as shown on Exhibit A, attached hereto and incorporated 16 herein, 17 Section 3, The Mayor and Common Council hereby direct the Development Services 18 Department to adopt the necessary procedures and create the necessary documentation to 19 administer the Water Wise Landscape Program as described in Exhibit A, attached hereto, 20 Section 4, This Ordinance is based upon the recitals and findings set forth above, 21 and the accompanying Staff Report and its attachments to this Ordinance, and is adopted 22 pursuant to the authority granted to the City of San Bernardino in Article II, Section 7 ofthe 23 California Constitution, and Sections 30 and 40(z) of the Charter ofthe City of San Bernardino, 24 Section 5, The Mayor and Common Council find that this Ordinance is exempt from 25 the California Environment Quality Act (CEQA) in accordance with the CEQA Guidelines, 26 California Code of Regulations, Title 14, Section 15061(b)(3), as it can be seen with certainty 27 that there is no possibility that the activity permitted by this Ordinance may have a significant 28 effect on the environment. -2- MC-1311 1 Section 6, Severability, If any section, subsection, subdivision, sentence, clause or 2 phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid 3 or ineffective by any court of competent jurisdiction, that determination shall not affect the 4 validity or effectiveness ofthe remaining portions ofthis Ordinance or any part thereof, The 5 Mayor and Common Council hereby declare that they would have adopted this Ordinance and 6 each section, sentence, clause, and part ofthis Ordinance despite the fact that one or more 7 sections, sentences, clauses, or parts of this Ordinance is declared invalid. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- MC-1311 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN 2 BERNARDINO MUNICIPAL CODE CHAPTER 17.06, RELATING TO THE CITY OF 3 SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM. 4 5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and 6 Council of the City of San Bernardino at a j t regular meeting thereof, held on the 17th day 7 of August , 2009, by the following vote, to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA x 10 BAXTER ~ 11 BRINKER ~ 12 SHORETT --A- 13 KELLEY ~ 14 JOHNSON ~ 15 MCCAMMACK ~ 16 17 18 19 f<~ J:J. ~ 20 21 22 23 24 t;; ~~~C:JJ~t~ ~ 'f~ The foregoing Ordinance is hereby approved this I ~ day of August ,2009, ~~) CK J. MORRIS, Mayor City of San Bernardino 25 Approved as to form: JAMES F, PENMAN, City Attorney 26 27 -'~ -r-/~ 28 U -4- MC-1311 CHAPTER 17.06 WATER WISE LANDSCAPE PROGRAM 17.06.010 Purpose and Intent A. The purpose of this Chapter is to encourage water conservation in the City of San Bernardino by facilitating the voluntary conversion of existing residential landscaping to less water-intensive landscaping, The provisions contained in this Chapter are intended to permit property owners to retire existing vegetation by temporary non-irrigation of their property, without being subject to provisions of this Code that otherwise would effectively preclude this practice, B, Except as specifically stated in this Chapter, nothing in this Chapter shall be construed to exempt any person or property from any otherwise applicable provision of this Code, 17.06.020 Definitions As used in this Chapter, the following terms, when capitalized, have the meanings stated: A. "Agreement" shall mean the Water Wise Landscape Agreement described in this Chapter, B. "City" shall mean the City of San Bernardino, C, "Code" shall mean the Municipal Code of the City of San Bernardino, D. "Department" shall mean the Development Services Department of the City of San Bernardino, E, "Director" shall mean the Director of Development Services of the City of San Bernardino, or his or her designee, F. "Guidelines" shall mean the Water Wise Landscape Guidelines developed by the Water Resources Institute, California State University, San Bernardino, G, "Permit" shall mean the Water Wise Landscaping Permit described in this Chapter. H, "Program" or "Water Wise Landscape Program" shall mean the City of San Bernardino Water Wise Landscape Program described in this Chapter, I. "Water Wise Landscape" shall mean a landscape that uses drought tolerant, California friendly landscaping in lieu of large turf areas, and that uses efficient irrigation, - 1 - EXHIBIT A MC-13il 17.06.030 Applicability This Chapter shall apply to single-family residential properties in the City, 17.06.040 Water Wise Landscape Program There is hereby established the City of San Bernardino Water Wise Landscape Program, 17.06.050 Administration The Program shall be administered by the Director through the Department. 17.06.060 Program Requirements To participate in the Program, a property owner must: A. Own a single-family residential property in the City with existing landscaping, and occupy the property continuously for the entire period of time that the property is subject to the Program, B, Have the desire and the ability to convert the existing landscaping on the property to less water-intensive landscaping, C, Sign and submit to the Department a properly completed application for participation in the Program, in a form prescribed by the Department for that purpose, The application must accurately set forth: 1, The street address and Assessor's Parcel Number of the property, 2, A description of the landscaping that is to be retired and replaced, 3, A description of the Water Wise Landscape that is to be installed, The landscape must conform to the Guidelines, as follows: a. The landscape shall consist of water-efficient, drought tolerant and native plant material, and may include ground covers, small plants, shrubs and appropriate trees. Buffer areas and bioswales may be included and may be designed with rocks, cobble or decomposed granite, landscaped shrubs or accents, or suitable ground cover. b. All planted areas must be a minimum of one inch below adjacent hardscapes (sidewalks and driveways) to eliminate runoff and overflow of irrigation water. - 2 - EXHIBIT A MC-13l1 c. Mounded or sloped planting areas that would contribute to runoff of irrigation water onto non-irrigated areas, walks, roadways or structures must be avoided. d, Any turf areas shall be set back at least 24 inches from curbs, driveways, sidewalks or any other area that may result in runoff of irrigation water onto streets, e. Plants having similar water requirements should be grouped together in "hydrozones" so that watering can be done efficiently, f, Annual color plantings should be used only in areas of high visibility where they can be seen and appreciated, Otherwise, perennial plantings should be the primary source of color, g, Landscaping must not obstruct or interfere with street signs, lights, or visibility on roads or walkways, 4. which shall application, The date on which the installation of the replacement landscaping will begin, not be later than twelve (12) months from the date of submittal of the 5, The date on which the installation of the replacement landscaping will be completed, which must not be later than the next May 31 immediately following the date on which the installation is to begin, D, Sign and submit to the Department a properly completed Water Wise Landscape Agreement. The Agreement shall require that the participant agree to maintain the replacement landscaping to ensure water efficiency, 17.06.070 Action on Application A. After a properly completed application has been submitted, the Director shall review the application and shall verify that the proposed project will comply with all applicable requirements of this Code, Upon making this verification, the Director shall approve the application and shall issue to the applicant a Water Wise Landscaping Permit in a form prescribed by the Department. 8, If in the judgment of the Director the project will not comply with one or more applicable requirements of this Code, the Director shall specify the requirement(s) with which the project will not comply and shall deny the application, - 3 - EXHIBIT A MC-1311 17.06.080 Temporary Limited Exemption From Specified Code Provisions A. From the date on which an application is approved by the Director until the date on which the installation of the replacement landscaping will begin, as stated in the application, the property owner shall not be subject to citation by any City officer for violation of the following provisions of this Code, in the following respects only: 1, Section 8,27,01 O,A, with respect to the prohibition on dry vegetation, 2, Section 8,27,010,8, with respect to the prohibition on dry grass and stubble, 3, Section 8,30,01 O,D, with respect to the prohibition on vegetation constituting an unsightly appearance, This temporary exemption shall apply only to vegetation that is unsightly due to lack of irrigation, 4, Section 15,24,040,A,2, with respect to the requirement that planted vegetation be regularly irrigated, 5, Section 15,24,040.A.2, with respect to the prohibition on dead vegetation, 8, The exemptions provided for in this Section shall apply only to the portion of the property that is to be relandscaped pursuant to the Program. The property owner must maintain the remaining portion of the property in compliance with all applicable provisions of this Code at all times, 17.06.090 Fire Hazard Prohibited Notwithstanding any other provision of this Chapter, no property shall at any time be maintained in such a manner as to constitute a fire hazard. 17.06.100 Yard Sign A. Each participant in the Program shall obtain from the Department and prominently display on the property subject to the Program a yard sign indicating that the property is subject to the Program, for the purpose of informing City officers that the property is subject to the exemptions provided for in this Chapter. 8, The yard sign shall be displayed at all times during which the property is subject to the exemptions provided for in this Chapter. C, It shall be the responsibility of the Program participant to promptly replace a sign that is lost or stolen, D, Knowingly displaying a sign issued by the Department pursuant to this Section on property that is not covered by a properly issued Water Wise Landscaping Permit is a - 4- EXHIBIT A MC-1311 violation of this Code, Any person who violates or causes the violation of this provision is guilty of a misdemeanor, and upon conviction may be punished in accordance with Section 1,12,010 of this Code, 17 .06.110 Certificate Of Completion Upon the completion of the installation of replacement landscaping pursuant to the Program, the owner of the property must sign and submit to the Department a properly completed Certificate of Completion in a form prescribed by the Department, attesting that the landscaping has been installed in compliance with the approved Program application, The Certificate of Completion must be accompanied by full-color photographs taken from the front perimeter of the property sufficient to illustrate that a Water Wise Landscape has been completed, 17.06.120 Failure To Timely Complete Installation A property owner who fails to complete installation of replacement landscaping pursuant to this Chapter by the next May 31 immediately following the date on which the installation begins forfeits the exemptions provided for in Section 17,06,080 and any other benefits to which Program participants are entitled under this Chapter. 17.06.130 Withdrawal From Program A property owner who obtains a Permit but later elects not to continue participation in the Program may withdraw from the Program by notifying the Director in writing of the election to withdraw and paying a withdrawal fee of one hundred dollars ($100) for each month the Permit was in effect, prorated day-by-day for partial months. 17.06.140 False Statement In Required Documents Making a knowingly false statement in any of the documents required for participation in the Program is a violation of this Code, Any person who violates or causes the violation of this provision is guilty of a misdemeanor, and upon conviction may be punished in accordance with Section 1,12,010 of this Code, 17.06.150 Severability The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect. - 5 - EXHIBIT A Me-l3Il 17.06.160 CEQA Exemption The adoption of this Chapter is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061 (b)(3) of the Guidelines for Implementation of the California Environmental Quality Act (Title 14, California Code of Regulations, commencing with Section 15000), as it can be seen with certainty that there is no possibility that the activity permitted by this Chapter may have a significant effect on the environment. -6- EXHIBIT A