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HomeMy WebLinkAbout09- City Attorney's Office ORIGINAL STAFF REPORT Council Meeting Date: August 3, 2009 TO: Mayor and Common Council FROM: City Attorney's Office DATE: July 27, 2009 AGENDA ITEM: AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SAN BERNARDINO MUNICIPAL CODE CHAPTER 17.06, RELATING TO THE CITY OF SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM. (Recommended for approval at the Legislative Review Committee meeting of July 21,2009—Committee Members Present: Brinker, McCammack, Shorett) 1. Previous Council and Committee Action This item was previously before the Council as Item No. 47 on the July 6, 2009 agenda. On that date, on the recommendation of staff, the Council referred the matter to the Legislative Review Committee. The Committee considered the matter on July 7, 2009, and after hearing comments from staff and members of the public, requested revisions to the item. The Committee considered the revised version of the item on July 21, 2009, and voted to return the item to the Council for further action. The principal changes to the item since July 6 are (1) a participant in the program who elects to withdraw prior to completion may now do so by paying a fee of$100 for each month the property was covered by the program; and(2)making a false statement in a program document or displaying an official program sign on property not covered by the program are specified to be misdemeanors punishable by the penalty set forth in the Municipal Code (i.e., imprisonment in the county jail not exceeding six months, or a fine not exceeding one thousand dollars, or both). In addition, after final review of the item by the City Attorney's Office, it is recommended that the program require owner occupancy of the subject property, to preclude the potential for abuse of the program by absentee landlords. The revised item incorporates that requirement. 2. Description of Item Lingering drought conditions, combined with environmental restrictions that have dramatically reduced the amount of water available from Northern California through the Sacramento-San Joaquin Delta, have led to greater interest in water conservation measures. In Southern California, cities in Imperial, Kern, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura Counties have adopted water efficient landscaping programs. e,.,;,,6 813 jo, ** za D.r►r�. /ilG- 13// 9 � 9 °9 I i 1 Currently, 60 to 70 percent of treated drinking water is used to irrigate landscapes. The most effective way property owners can conserve water is by replacing existing vegetation,primarily grass,with more drought-tolerant plants. The accompanying Proposed Ordinance is intended to help owners of single- family residential property voluntarily convert their grass lawns or other water-intensive landscaping to drought-tolerant vegetation. The Ordinance provides a procedure for those owners to obtain a Water Wise Landscaping Permit that would temporarily exempt their property from the Municipal Code provisions that prohibit dead or dry vegetation, so that existing vegetation could be retired naturally by discontinuing irrigation. The replacement vegetation would have to be installed within a specified time period, and comply with water wise guidelines set forth in the Ordinance. Throughout, the property would remain subject to restrictions on the accumulation of dry brush as necessary to prevent fire hazard, and to all other property maintenance requirements. 3. Background—State Regulation of Water Use in Landscape Irrigation For a number of years, the State of California has required local agencies to restrict the use of water in landscape irrigation. Until recently, charter cities like San Bernardino have been exempted from this requirement. This year,however, the exemption is due to expire. While the Proposed Ordinance would not be directly affected by the state requirements, it would operate in tandem with those requirements. Hence, in considering the Proposed Ordinance it is important to understand the state regulatory framework. The Water Conservation in Landscaping Act of 1990 (Cal. Gov. Code, § 65591 et seq.),required that each local agency in California either(a) adopt a water efficient landscape ordinance or(b) adopt findings stating that an ordinance was unnecessary. An agency that had not done either one by January 1, 1993 was automatically subject to a Model Water Efficient Landscape Ordinance(Model Ordinance) adopted by the California Department of Water Resources (DWR) in 1992. (See 23 Cal. Code Regs. § 490 et seq.) Charter cities,however, were not subject to these requirements. (Gov. Code, § 65594.) In 2006,the Legislature enacted A.B. 1881. Among other things,A.B. 1881 requires the DWR to update the Model Ordinance, and requires each local agency,not later than January 1,2010, to adopt the updated Model Ordinance or an equivalent ordinance. If the agency fails to do either,the Model Ordinance will be deemed to have been automatically adopted. Further,A.B. 1881 provides that the exemption for charter cities expires when the DWR updates the Model Ordinance. As of this writing, the DWR has released a draft of the updated Model Ordinance but has not yet released the final version. Like its predecessor, the draft updated ordinance provides that specified landscape projects—new or rehabilitated projects of a 2 specified square footage that require a building or landscape permit,plan check, or design review—must comply with a Maximum Applied Water Allowance (Water Allowance). The Water Allowance is calculated using a formula that takes into account the size of the landscaped area, the rate of expected water loss due to evaporation and plant transpiration under the prevailing local conditions, and an"Adjustment Factor." The updated draft decreases the Adjustment Factor from 0.8 to 0.71, effectively reducine the Water Allowance for any given project by a factor of 12 percent. Neither the existing Model Ordinance nor the updated draft contains any provision relaxing local property maintenance requirements for landscaping that is in the process of being converted to a less water-intensive use. The accompanying Proposed Ordinance is intended to address that matter. Hence, the Proposed Ordinance will complement,but will not duplicate or overlap with,the updated Model Ordinance or any equivalent water efficient landscape ordinance that the City may adopt in response to A.B. 1881. It also should be noted that earlier this year the Inland Empire Landscape Alliance, a consortium of Western San Bernardino County cities and water districts, developed its own model ordinance in response to the DWR Model Ordinance,which the Alliance found difficult to interpret and administer. The Alliance's model ordinance is similar to the DWR's and, according to the Alliance, meets the requirements of A.B. 1881. The Alliance's model ordinance is proposed to be adopted as the landscape ordinance for San Bernardino County. However, that ordinance, like the DWR Model Ordinance, does not address the matter addressed in the accompanying Proposed Ordinance. 4. The Proposed Water Wise Landscape Ordinance The City's Municipal Code prohibits"dry vegetation of any type,"including"dry grass,""landscaping constituting an unsightly appearance,"and"dead vegetation." The Code also provides that`vegetation shall be maintained, including regular irrigation." (See SBMC Sections 8.27.010, 8.30.010, 15.24.040.) Former Council Member Susan Lien Longville,Director of the Water Resources Institute at CSUSB,has proposed that the City consider modifying the irrigation requirements to accommodate residential single-family property owners who voluntarily decide to replace water-intensive vegetation with a Water Wise Landscape. Ms. Longville notes that the most environmentally sound procedure for retiring water- intensive landscaping, such as a grass lawn, is to stop watering during the dry part of the year, allowing the vegetation to die off naturally so that it can be replaced with less water-intensive landscaping. The alternative, using chemicals to remove the existing vegetation, is less desirable because it contributes to water pollution. (However, property owners who preferred to remove existing vegetation with chemicals would not be prohibited from doing so.) - 3 - To participate in the program, a property owner would apply for a Water Wise Landscaping Permit from the Development Services Department. To obtain the Permit, the owner would need to sign a separate Water Wise Landscaping Agreement (Attachment A). The Agreement would require the owner to comply with all provisions of the Proposed Ordinance and with the Water Wise Landscape Guidelines provided by the Water Resources Institute. (The Guidelines are attached to the Agreement, Attachment A.) In addition,the Institute has agreed to provide Development Services ' with yard signs that participants must display in their front yards to inform Code Enforcement of their participation in the program and prevent their being cited. After the existing vegetation had been retired, the owner would have until the ' following May 31 to complete the installation of drought-resistant landscaping. Compliance would be verified by requiring the owner to file a Certificate of Completion accompanied by adequate proof that the project had been installed as approved. Ms. Longville states that the minimum time to retire a grass lawn in the summer without using chemicals is three months. The only season during which drought-tolerant plants can be installed successfully in the Inland Empire begins in December and ends in January. Roots become established during the cool weather,with the plants maturing in May. In view of these time factors, the Proposed Ordinance would impose the following requirements: I • A property owner could obtain a Water Wise Landscaping Permit at any time,but the Permit would be effective for a maximum of one year. • The Permit would exempt the owner from compliance with the Code sections disallowing dead or dry vegetation, as applied to the conversion area only. The rest of the property would have to be maintained in compliance with all Code requirements. • Installation of the replacement landscaping would have to be completed by the next May 31. On and after that date,the owner would have to demonstrate full compliance with the Code, including the provisions prohibiting dry or dead vegetation. Thus, an owner who had not completed the conversion to drought-tolerant vegetation by that date would be subject to citation for any remaining dry or dead vegetation. • An owner who obtained a Permit but later decided not to proceed with the landscape conversion could withdraw from the program by paying a withdrawal fee of one hundred dollars for each month the Permit was in effect,prorated for partial months. 5. Recommendation That the Proposed Ordinance be laid over for final adoption. -4 - CITY OF SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM WATER WISE LANDSCAPE AGREEMENT ***Note: This is a legally binding contract.*** Owner: Tract APN: No.. Address: This Agreement is entered into by and between ("Owner") and the City of San Bernardino ("City") effective as of the last signature date set forth below. In consideration of the mutual promises and obligations set forth in this Agreement,the parties agree as follows: 1. Owner owns and occupies single-family residential property in the City, described above,with existing landscaping that includes irrigated vegetation. Owner has decided to replace some or all of the vegetation on the property with vegetation requiring less, or no, irrigation. Owner intends to remove the vegetation that is to be replaced by temporarily not irrigating that vegetation. Owner agrees that installation of the replacement vegetation shall begin no later than: ("Commencement of Installation Date"). (month, day, year) 2. Sections 8.27.010.A, 8.27.010.11, 8.30.010.D, 15.24.040.A.2, and 15.24.040.A.3 of the City of San Bernardino Municipal Code ("Municipal Code") prohibit property owners from maintaining dry, dead, or inadequately irrigated vegetation on their property. In consideration of the agreement of Owner to comply with the obligations of Owner set forth in this Agreement, City agrees that from the effective date of this Agreement until the Commencement of Installation Date, City will not cause Owner to be prosecuted or otherwise held civilly or criminally liable for violation of any of the above Municipal Code provisions on account of non-irrigation of vegetation that is to be replaced pursuant to this Agreement. 3. In consideration of the agreement of City set forth in Section 2 of this Agreement, Owner agrees to do all of the following: (a) Comply in all respects with Chapter 17.06 of the Municipal Code and with all other ordinances and laws that may apply to the subject matter of this Agreement. - 1 - ATTACHMENT A CITY OF SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM WATER WISE LANDSCAPE AGREEMENT ***Note: This is a legally binding contract.*** (b) Comply in all respects with the Water Wise Landscape Guidelines developed by the Water Resources Institute, California State University, San Bernardino, a copy of which is attached, and receipt of which Owner hereby acknowledges. (c) Sign and submit to the City Development Services Department ("Department") a properly and accurately completed application for participation in the City of San Bernardino Water Wise Landscape Program ("Program"). (d) Comply with all conditions set forth in any Water Wise Landscaping Permit issued to Owner by the Department pursuant to the Program. (e) Maintain all property subject to the Program in a safe condition at all times and not in such a manner as to constitute a fire hazard. (f) Obtain from the Department and prominently display on the property subject to the Program, from the effective date of this Agreement until the Commencement of Installation Date, a yard sign indicating that the property is subject to the Program. (g) Upon the completion of the installation of replacement landscaping pursuant to the Program, sign and submit to the Department: (1) a properly completed Certificate of Completion, attesting that the landscaping has been installed in compliance with the approved Program application; (2) sufficient full-color photographs taken from the front perimeter of the property to illustrate the completed Water Wise Landscape. (Digital photos copied to a CD are preferable.) (h) Maintain the replacement landscaping to ensure water efficiency, including replenishing mulch; fertilizing; pruning; and weeding in all landscaped areas. Regular maintenance of irrigation system(if applicable) should include checking, adjusting, cleaning and repairing irrigation equipment; resetting the automatic controller, aerating and dethatching turf areas. 4. The failure of Owner to comply with any obligation imposed by this Agreement shall, at City's option,be grounds for termination of this Agreement and/or termination of any or all of City's obligations under this Agreement, including but not - 2 - ATTACHMENT A CITY OF SAN BERNARDINO WATER WISE LANDSCAPE PROGRAM WATER WISE LANDSCAPE AGREEMENT ***Note: This is a legally binding contract.*** limited to those set forth in Section 2 of this Agreement. The exercise by City of its option to terminate this Agreement or any of City's obligations under this Agreement shall not affect City's right to any other remedy it may have for the breach of this Agreement. 5. If at any time after entering into this Agreement Owner elects not to continue participation in the Program, Owner may withdraw from the Program by notifying the Department in writing of Owner's election to withdraw and paying a withdrawal fee of one hundred dollars($100) for each month during which the property being withdrawn was covered by the Program,prorated day-by-day for partial months. 6. Owner represents that Owner intends to occupy the property subject to the Program continuously for the entire period of time that the property is subject to the Program. Owner understands and agrees that if at any time prior to completing the installation of replacement landscaping pursuant to the Program, Owner ceases to occupy the property,the property will cease to be covered by the Program and all benefits enjoyed by Owner under the Program will terminate. 7. This Agreement sets forth the parties' entire agreement with respect to the matters addressed in this Agreement, and supersedes all prior and contemporaneous negotiations, understandings, and agreements. This Agreement can be modified only by a written modification agreement signed by all parties. I AGREE TO ALL OF THE TERMS OF THIS AGREEMENT. I UNDERSTAND THAT THIS AGREEMENT IS A LEGALLY BINDING CONTRACT. Signature of Owner Date CITY OF SAN BERNARDINO By Name and Title Date - 3 - ATTACHMENT A I Q ARL S ED iN 9 City of San Bernardino Water Wise Landscape Guidelines For Water Wise Landscape Program 1. A"Water Wise Landscape Program"is a landscape that uses drought tolerant, California friendly landscaping in lieu of large turf areas, and that uses efficient irrigation. 2. Residents should prepare a design plan for the area to be converted from an existing landscape before beginning the process of retiring the turf, amending the soil as necessary, retrofitting the irrigation system (if applicable), grading and planting. Information about removing turf and getting started with sample design templates, irrigation system retrofitting, and the selection of water-efficient plant materials is available from the following websites and similar sites, and from published literature: http://www.bewaterwise.com/Gardensoft/index.aspx http://www.snwa.com/html/land—digin_grass removal.html Water Wise Landscape advice is also available at the Water Resources Institute at Cal State, San Bernardino at: (909) 537-7687. 3. A Water Wise 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. 4. All planted areas must be a minimum of one inch below adjacent hardscapes (sidewalks and driveways)to eliminate runoff and overflow of irrigation water. 5. Avoid the use of mounded or sloped planting areas that would contribute to runoff of irrigation water onto non-irrigated areas, walks, roadways or structures. 6. Any turf areas should 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. 7. Plants having similar water use should be grouped together so you can water efficiently. These groupings are called"hydrozones." 8. Annual color plantings should be used only in areas of high visual impact close to where people can appreciate them. Otherwise perennial plantings should be the primary source of color. 9. Landscaping must not obstruct or interfere with street signs, lights or road/walkway visibility. Maintenance Landscapes shall be maintained to ensure water efficiency including replenishing mulch; fertilizing;pruning; and weeding in all landscaped areas. Regular maintenance of irrigation system (if applicable) should include checking, adjusting, cleaning and repairing irrigation equipment; resetting the automatic controller, aerating and dethatching turf areas. I ORDINANCE NO. Copy 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 Government 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 Government Code Section 65593(e)provides: "Landscape O15 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 of time 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 8.27.010.A prohibits dry 23 vegetation of any type on property located within the City; and 24 WHEREAS, San Bernardino Municipal Code Section 8.27.010.13 prohibits dry grass and 25 stubble on property located within the City; and 26 WHEREAS, San Bernardino Municipal Code Section 8.30.010.D provides that dead or r^— 27 decayed vegetation or vegetation constituting an unsightly appearance is a public nuisance; and �. 28 /// 1 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 11 BERNARDINO DO ORDAIN AS FOLLOWS: 12 Section 1. 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 11, Section 7 of the 23 California Constitution, and Sections 30 and 40(z) of the Charter of the 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 O28 effect on the environment. -2- (� 1 Section 6. Severability. If any section, subsection, subdivision, sentence, clause or C2 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 of the remaining portions of this 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 of this 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- I 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 meeting thereof,held on the day 7 of , 2009,by the following vote,to wit: 8 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 BRINKER 12 SHORETT 13 KELLEY 14 JOHNSON © 15 MCCAMMACK 16 17 18 19 Rachel Clark, City Clerk 20 21 The foregoing Ordinance is hereby approved this day of 12009. 22 23 PATRICK J. MORRIS, Mayor 24 City of San Bernardino, 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 -Z 1' rer 28 -4- 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 17.06.030 Applicability This Chapter shall apply to single-family residential properties in the City. fir+ 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 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. The date on which the installation of the replacement landscaping will begin, which shall not be later than twelve (12) months from the date of submittal of the application. 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. B. 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 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 8.27.010.A, with respect to the prohibition on dry vegetation. 2. Section 8.27.010.B,with respect to the prohibition on dry grass and stubble. 3. Section 8.30.010.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. B. 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. B. 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 i- 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 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