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HomeMy WebLinkAbout28-City Attorney . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o ORDINANCE NO. ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.28 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO INCORPORATE WATER CONSERVATION MEASURES IN THE LANDSCAPING SECTION. THE MAYOR AND COMMON COUNCIL DO ORDAIN AS FOLLOWS: SECTION 1. Amend section 19.28.010 adding Subsection No. 5 as follows: "5. Water is an increasingly limited and costly resource. It is the intent of this chapter to establish a water conservation plan to reduce water consumption in the landscape environment by using drought tolerant principles." (See Exhibit 1; Page 111-68 of the Development Code, attached hereto and incorporated herein by reference.) SECTION 2. Renumber Section APPLlCABLB 19.28.110 RBGULATIOBS of the Development Code to Section 19.28.120 and add a new Section 19.28.110 as follows: (See Exhibit 2, Pages 111-77, III-77A, III-77B of the Development Code, attached hereto and incorporated herein by reference.) "19.28.110 nTER COBSBRVATIOB RBQOIRBIIBBTS 1. APPLICABILITY ~ll new development, including residential subdivisions, or 1ncreases in floor area in excess of 25% of existing commercial or industrial buildings shall be in compliance with the provisions of this section and must have a minimum of 75 points each, based on the Landscape and Irrigation Assessment Criteria contained in Section G19.28.130(5). 2. IMPLEMENTATION These provisions apply to all future projects and existing projects which are deemed incomplete by the Department, pursuant to Government Code Section 65943, at the effective date of this Section. Applications for Extensions of Time, Minor Modifications, and Amendments to Conditions, to approved projects must comply with these provisions. IIII 1 02? . 1 3. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IIII 28 o o DEFINITIONS Anti-drain Valve or Check Valve. A valve located under a sprinkler head, or in a lateral supply line to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. Drouaht Tolerant Landscapina. A combination of landscape features and techniques that reduce the demand for, and consumption of water, including efficient irrigation techniques and systems, minimizing the area of turf coverage, as well as using water conserving plant material and organic ground covers. Ecoloaical Restoration Proiect. A project where intentionally altered to establish a defined, historic ecosystem, or ecological habitat. Evapotranspiration. The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. the site is indigenous, Hvdrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydro zone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. Landscaped Area. The entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. Mulch. Any organic material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. Rain sensina Device. A system which automatically shuts off the entire irrigation system when it rains. Recreational Area. Areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic as determined by the Director of Parks, Recreation and Community Services. Recycled Water. Reclaimed Water. or Treated Sewaae Effluent Water. Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation: not intended for human consumption. 2 . <' 1 2 3 4 5 6 4. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 IIII 23 24 25 26 27 28 o o soil Moisture Sensina Device. amount of water in the soil. A device that measures the Turf. A single bladed grass or sod. Water Conservina Plant. Any plant which exhibits drought tolerant characteristics, that will, in a designed location, survive with limited supplemental water. A listing of these plants is available from the city. EXEMPTIONS The following shall be exempt from the drought tolerant provisions of this section: A. Yards for single family homes, four units or less, which are not part of a larger sUbdivision; B. Interior remodels, tenant improvements and demolitions; C. Registered historical sites; D. Ecological restoration projects that do not require a permanent irrigation system; E. Schools, parks, cemeteries or similar public open spaces; F. Golf courses - (Golf courses are required to provide on- site holdinglrecycling ponds to retain and reuse as much water as reasonable as determined by the Director of Parks, Recreation and Community Services); G. Structural additions or detached structures which do not result in an increase of more than 25% of the floor area; H. Replacement irrigation maintenance. or repair of existing plant material or systems in conjunction with routine I. Fuel modification areas as required by the Fire Department. The fuel modification area will be deducted from the overall landscape area calculation." 3 . . 1 2 3 4 5 6 7 8 9 10 11 12 o o ORDINANCE... AMENDING CHAPTER 19.28 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE), TO INCORPORATE WATER CONSERVATION MEASURES IN THE LANDSCAPING SECTION. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the ci ty of San Bernardino at a meeting thereof, held on the day of , 1993, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA REILLY HERNANDEZ MAUDSLEY MINOR 13 POPE-LUDLAM 14 MILLER 15 16 17 of 18 19 20 City Clerk The foregoing ordinance is hereby approved this , 1993. day W. R. Holcomb, Mayor City of San Bernardino 21 22 23 24 25 26 27 28 Approved as to form and legal content: F. PENMAN, ttorney 4 . o ~ING STANDARDS -19.28 CHAPTER 19.28 LANDSCAPING STANDARDS 19.28.010 PURPOSE The purpose of this Chapter is to establish landscaping regulations that are intended to: 1. Enhance the aesthetic appearance of development in all areas of the Oty by providing standards relating to quality, quantity and functional aspects of landscaping and landscape saeening. 2. Increase compatibility between residential and abutting commercial and industrial land uses. 3. Reduce the heat and glare generated by development. 4. Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, saeening incom- patible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. 5. ** See Text Below 19.28.020 APPUCATION A concept landscaping plan shall 'be submitted u put of a permit application, pursuant to Chapter 19.32 (Applications and Fees). The concept plan shall meet the intent of this chapter by exhibiting a generalized design layout which adequately demonstrates the desired landscaping p1O&&ou1l in terms of location, siu/ scale, function, theme Ind. simDar attributes. The concept plan shall pr0- vide the review authority with a clear understanding of the landscaping program prior to the preparation of a detailed, comprehensive landscaping plan. 19.28.030 GENERAL REGULATIONS The comprehensive landscaping plan shall be prep&n!d following "t't'.uv41 of the per_ mit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the gracling plan(s) Ind. other doc:uments Ind. ........ boo This section Ind. those that follow provide the regulations to be followed in the preparation of the com- prehensive landscape program. In addition to the following regulations, the Director of Parks md Recreation requires the use of the Parks, Recreation Ind. Community Services Procedures Ind. Policy to en- sure effective implementation of a landscape and irrigation plan: ** Water is an increasingly limited and costly resource. It is the intent of this chapter to establish a water conservation plan to reduce water consumption in the landscape environment by using drought tolerant prine1pals. m-68 Exhibit 1 . o LANDSOING STANDARDS-19.28 '" 19.28.110 WATER CONSERVA~ION REQUIREMENTS 1. APPLICABILITY ~ll new dev~lopment, including residential subdivisions, or 1ncreases 1n floor area in excess of 25% of existing commercial or industrial buildings shall be in compliance with the provisions of this section and must have a minimum of 75 points each, based on the Landscape and Irrigation Assessment Criteria contained in Section G19.28.130(5). 2. IMPLEMENTATION These provisions apply to all future projects and existing proj ects which are deemed incomplete by the Department, pursuant to Government Code Section 65943, at the effective date of this Section. Applications for Extensions of Time, Minor MOdifications, and Amendments to Conditions, to approved projects must comply with these provisions. 3. DEFINITIONS Anti-drain Valve or Check Valve. A valve located under a sprinkler head, or in a lateral supply line to hold water in the system so it minimizes drainage from the lower elevation sprinkler heads. Drouaht Tolerant Landscanina. A combination of landscape features and techniques that reduce the demand for, and consumption of water, including efficient irrigation techniques and systems, minimizing the area of turf coverage, as well as using water conserving plant material and organic ground covers. Ecoloaical Restoration Proiect. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem, or ecological habitat. Evanotransniration. The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. Hvdrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of valves with the same schedule. A hydro zone may be irrigated or non-irrigated. For example, a naturalized area planted with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. .- .- Bzhi!)it 2 III-77 . o LMmsOZIIG STANDARDS-1'.28 . Landscaoed Area. .' The entire parcel less the building footprint, driveways, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other non-porous areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as orchards or vegetable gardens are not included. Mulch. Any organic material such as leaves, bark, straw or other materials left loose and applied to the soil surface for the beneficial purpose of reducing evaporation. Rain Sensina Device. A system which automatically shuts off the entire irrigation system when it rains. Recreational Area. Areas of active play or recreation such as sports fields, school yards, picnic grounds, or other areas with intense foot traffic as determined by the Director of Parks, Recreation and Community Services. Recvcled Water. Reclaimed Water. or Treated Sewaae Effluent Water. Treated or recycled waste water of a quality suitable for non-potable uses such as landscape irrigation; not intended for human consumption. Soil Moisture sensina Device. amount of water in the soil. A device that measures the Turf. A single bladed grass or sod. Water Conservina Plant. Any plant which exhibits drought tolerant characteristics, that will, in a designed location, survive with limited supplemental water. A listing of these plants is available from the City. 4. EXEMPTIONS The following shall be exempt from the drought tolerant provisions of this section: A. Yards for single family homes, four units or less, which are not part of a larger Subdivision; B. Interior remodels, tenant improvements and demolitions; C. Registered historical sites; D. Ecological restoration projects that do not require a permanent irrigation system; E. Schools, parks, cemeteries or similar public open spaces; F. Golf courses - (Golf courses are required to provide on- site holding/recycling ponds to retain and reuse as much water as reasonable as determined by the Director of Parks, Recreation and Community Services); III-77A , . o LANDsC).rNa STAlIDARDS-19.28 ~ G. structural additions or detached structures which do not result in an increase of more than 25% of the floor area; H. Replacement irrigation maintenance. or repair of existing plant material or systems in conjunction with routine I. Fuel modification areas as required by the Fire Department. The fuel modification area will be deducted from the overall landscape area calculation. 19.28.120 APPLICABLE RBGULATrONS All landscape plans shall be subject to the applicable regulations of the Development Code, including, but not limited to Article IV, Administration provisions. III-77B