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.
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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
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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.
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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.
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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 ~
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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
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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,
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EXHIBIT A
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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.
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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,
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EXHIBIT A
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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
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EXHIBIT A
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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.
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EXHIBIT A
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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.
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EXHIBIT A