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HomeMy WebLinkAbout30- Planning & building Services CITY OF SAN BERNAI.MNO - REQUEST M. COUNCIL ACTION n: Al Boughey, Director Subject: Development Code Amendment No. 92-11 Water Conservation Ordinance Dept: Planning & Building Services Mayor and Common Council Meeting Date: March 29, 1993 April 19, 1993 Synopsis of Previous Council action: None Recommended motion: OThat the hearing be closed, the Negative Declaration be adopted, the resolution be adopted, the first reading be waived and the ordinance be laid over for final adoption. 2. That the hearing be closed and Development Code Amendment No. 92-11 be denied. Si nature Al Boughey Contact person, Al Boughey Phone: 384-5357 Supporting data attached: Staff Report, Ordinance, Resolution Ward: Citywide FUNDING REQUIREMENTS: Amount: $25.00 00 Source: (Acct. No.)[-171-53150 Acct. Description) Professional & Con ct rv' es Finance: Cncil Notes: 30 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT: DEVELOPMENT CODE AMENDMENT (DCA) NO. 92-11 REQUEST/LOCATION: This is a City initiated Development Code Amendment to incorporate water conservation requirements, as outlined in State Assembly Bill AB 325, into the landscape portion (Chapter 19.28) of the Development Code for the City of San Bernardino. This amendment will affect the entire incorporated portion of the City of San Bernardino. KEY ISSUES: The key issues are as follows: O The State of California has just ended six years of drought. O State water supplies, although replenished, should still be considered a precious resource. O The State has enacted State Assembly Bill AB 325 which requires city and county agencies to adopt measures to conserve water used for landscaping purposes. As a Charter City, San Bernardino is not required to adopt the ordinance as per the City Attorney's Office. O During the last two years of California's drought, the Governor's Office, as well as the State Department of Water Resources, issued several mandates to water retailers to develop policies and programs for water conversation. These mandates both followed and are additional to AB 11 "Urban Water Management Plans" and AB 325 "Water Conservation in Landscaping" . The City of San Bernardino Municipal Water Department has adopted an Urban Water Management Plan which is updated every five years; this plan includes conservation elements, specific to the Water Department, that assist as planning tools to maximize the use of our local water resources. The Board of Water Commissioners also adopted a Drought Contingency Plan which was submitted to the State upon request of the Governor's Task Force in 1991. Development Code Amendment 92-11 Mayor and Common Council meeting of April 19, 1993 Page 2 Most recently, the Water Department was required to submit proof of the City's water conservation efforts in order to qualify for a low-interest loan from the State Department of Water Resources for construction of necessary additions and expansions to the Water Reclamation Plant. In order for the City to continue qualifying for such State loans as well as ensure our future ability to rely on State Water Project water deliveries, the Water Department is supportive of, and encourages the Mayor and Common Council to adopt an ordinance for "Water Conservation in Landscaping" . • Staff has met with Mr. Frank Williams of the Building Industry Association (BIA) who has reviewed the ordinance and supports same. • The Ordinance does not add any significant new requirements and does not add any additional processing. Please see the analysis and attachments contained in Attachment 1, Staff Report to the Planning Commission. The Ordinance will amend the Code requirements to establish water conservation practices . The Resolution will amend the Code Design Guidelines to establish evaluation criteria for water conservation in the landscape. OPTIONS AVAILABLE TO THE MAYOR AND COMMON COUNCIL: The Mayor and Common Council may: 1. Approve Development Code Amendment 92-11. 2. Deny the Development Code Amendment. ENVIRONMENTAL: The Environmental Review Committee (ERC) reviewed the Initial Study and recommended adoption of a Negative Declaration on November 5, 1992. The proposed Negative Declaration was advertised and the Initial Study was available for public review and comment from November 12 , 1992 to December 3, 1992. No comments were received from the public during that period. Development Code Amendment 92-11 Mayor and Common Council meeting of April 19, 1993 Page 3 PLANNING COMMISSION RECOMMENDATION: The Planning Commission reviewed Development Code Amendment 92-11 on March 16, 1993 , and recommended to the Mayor and Common Council ; adoption of the Negative Declaration and approval of the Development Code Amendment based upon the attached Findings of Fact (Attachment 1.A) . STAFF RECOMMENDATION: Staff recommends that the Mayor and Common Council adopt the Negative Declaration, approve the Development Code Amendment, adopt the Ordinance and adopt the Resolution. Prepared by: Jeffery S. Adams, Assistant Planner For: Al Boughey, Director, Planning and Building Services ATTACHMENTS: 1. Planning Commission Staff Report Attachments: A. Findings of Fact B. Draft Ordinance (not included) C. Draft Resolution (not included) D. Initial Study 2 . Ordinance 3 . Resolution dm:2260u) CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT AGENDA ITEM 3 SUMMARY HEARING DATE 03 WARD Citywide wide APPLICANT: City of San Bernardino W Development Code fA Amendment No. 92-11 VOWNER: City of San Bernardino This is a City initiated Development Code Amendment to I— incorporate water conservation requirements , as outlined U) in State Assembly Bill AB 325 , into the landscape portion W (Chapter 19 . 28) of the Development Code for the City of O San Bernardino. W IThis amendment will affect the entire incorporated portion W of the City of San Bernardino. 2 Q EXISTING GENERAL PLAN PROPERTY LAND USE ZONING DESIGNATION This amendment is Citywide, encompassing all land use designations. GEOLOGIC/SEISMIC ❑ YES FLOOD HAZARD ❑ VES ❑ ZONE A SEWE=1Y HAZARD ZONE: ❑ NO ZONE: ❑ NO ❑ ZONE B HIGH FIRE ❑ YES AIRPORT NOISE/ [ YES REDEVELOPMENT ❑ YES HAZARD ZONE: ❑ NO CRASH ZONE: PROJECT AREA: ❑ NO ❑ NO J ❑ NOT ❑ POTENTIAL SIGNIFICANT Z �{ APPROVAL Q APPLICABLE EFFECTS WITH Q (— MITIGATING MEASURES Z Cn NO E.I.R. Q El CONDITIONS LL 0 2 Z ❑ EXEMPT ❑ E.I.R. REQUIRED BUT NO W Z El DENIAL Z C SIGNIFICANT EFFECTS Q W OZ WITH MITIGATING F LL MEASURES y O E] CONTINUANCE TO W NO SIGNIFICANT ❑ SIGNIFICANT EFFECTS V EFFECTS SEE ATTACHED E.R.C. W MINUTES PLAN 9M PAGE t OF t (4M) DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 1 REQUEST This is a City-initiated Development Code Amendment to incorporate water conservation requirements, as outlined in State Assembly Bill AB 325, into the landscape portion (Chapter 19 . 28) of the Development Code for the City of San Bernardino. LOCATION The amendment is applicable to the entire incorporated portion of the City of San Bernardino. DEVELOPMENT CODE AND GENERAL PLAN CONFORMANCE Development Code Amendment 92-11 will modify Section 19.28, Landscaping Standards, of the Development Code to incorporate water conservation measures in the landscape environment in conformance with State Assembly Bill 325. The Amendment conforms to the City's General Plan, Section 11. 1, to reduce the rates of energy and water consumption in the City of San Bernardino through architectural design, use of efficient utility systems, trip reduction, and other techniques. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOA) STATUS An Initial Study was prepared by staff and presented to the Environmental Review Committee (ERC) on November 5, 1992 (Exhibit D) . The ERC determined that no significant impacts would result from the proposal and recommended a Negative Declaration. The proposed Negative Declaration was advertised and the Initial Study was available for public review and comment from November 12, 1992 to December 3, 1992. No comments were received from the public during that period. BACKGROUND Assembly Bill AB 325, Water Conservation in Landscaping, requires that each city and county agency, unless exempted by State law, address water conservation in landscaping through the ordinance process by January 1, 1993 . If the agency does not adopt its own ordinance, it must adopt findings which state that a water efficient landscape ordinance is unnecessary, or the State Model Water Efficient Landscape ordinance will become effective by default. DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 2 The City of San Bernardino, being a Charter City, is legally exempt from the requirements of Assembly Bill AB 325, however, staff is proposing adoption of a water conservation ordinance as discussed below. ANALYSIS Staff has reviewed the requirements of AB 325 and discussed the options available to the City. OPTION 1 Do nothing, which implies a water efficient landscape ordinance is unnecessary. The City of San Bernardino currently has a substantial ground water reserve, however, the City still utilizes some State supplied water resources. If the City chooses not to address efficient water usage in landscaping, it could potentially jeopardize future allocations from the State. OPTION 2 Adopt the State's Model Ordinance. The State's Model Ordinance is a very thorough and comprehensive document. It covers, in detail, the many aspects of water conservation in the landscape environment. It also establishes separate criteria and processes for determining if a project meets the minimum requirements set forth in the provisions of the Ordinance. There is a significant amount of research, data compilation and analysis required to satisfy the demands of the ordinance. OPTION 3 Adopt a City generated ordinance to address water conservation in the landscape. Staff has developed a water conservation ordinance which addresses the requirements of AB 325 and the needs of the citizens of the City of San Bernardino at the same time. Some of the requirements and criteria for water conservation which have been incorporated into this ordinance were taken from the State Model Ordinance and surrounding jurisdictions which have had positive results from their ordinances. A water efficient landscape and irrigation system will be beneficial to both the City and to its applicants, in that costs are usually reduced when efficiency increases. DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 3 In addition, many of the ordinance requirements being proposed are current landscape practices and will not impact the development industry. State Model Ordiance - Required Provisions The following is a list of the provisions required by Assembly Bill AS 325 relating to developing a Water Conservation Ordinance. 1. Provisions for water conservation through the appropriate use and groupings of plants that are well adapted to particular sites and to particular climatic, geological, or topographical conditions. The ordinance shall not prohibit or require specific plant species. 2. Provisions for the use of automatic irrigation systems and seasonal irrigation schedules, incorporating water conservation design and utilizing methods appropriate for specific terrains, soil types, wind conditions, temperatures, and other environmental factors, in order to ensure a high degree of water efficiency. 3 . Provisions for grading and drainage to promote healthy plant growth and to prevent excessive erosion and runoff, and the use of mulches in shrub areas, garden beds, and landscaped areas where appropriate. 4. Provisions for the use of reclaimed water supplied through dual distribution systems, if feasible and cost effective, and subject to appropriate health standards. 5. Provisions to educate water users on the efficient use of water and benefits of doing so. 6. Provisions addressing regional differences where necessary and feasible, including fire prevention needs. 7. Provisions to exempt landscaping which is part of a registered historical site, where feasible. B. Provisions for the use of economic incentives to promote the efficient use of water, where feasible. 9. Provisions for landscape maintenance practices which foster long-term landscape water conservation. 10. The ordinance shall exempt cemeteries. DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 4 IMPLEMENTATION The implementation of water conserving measures can be addressed through the Ordinance/Resolution process to amend the Development Code. Ordinance - The Ordinance (Exhibit B) will will create the requirement for water conservation in the landscape by amending the Development Code, which includes guidelines for applicability, implementation and exemptions to the water conservation requirements. Resolution - The Resolution (Exhibit C) will establish the criteria by which water conservation in the landscape can be measured. There are two areas which are evaluated; Landscape Techniques and Irrigation Techniques. Each project will be reviewed against the landscape and irrigation criteria and given points for water conservation measures incorporated into the design. The resolution establishes the points awarded, and the number of points needed for the project to be acceptable in terms of water conservation. CONCLUSION The Development Code Amendment is being initiated by the City to conform to State Assembly Bill AB 325 which requires local governments to adopt a Water Conservation in Landscaping Ordinance. No significant environmental impacts will be created by establishing a Water Conservation in Landscaping Ordinance, and modifying the Development Code to include water conservation techniques. The referenced Ordinance and Resolution are a result of the combined efforts of several City Departments including Parks, Recreation & Community Services, Public Works, the Water Department and Planning & Building Services. DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 5 RECOMMENDATION Staff recommends that the Planning Commission recommend to the Mayor and Common Council the: 1. Adoption of the Negative Declaration; and, 2 . Approval of Development Code Amendment No. 92-11 subject to the Findings of Fact (Exhibit A) . ReW- n itted, Al or Pldding Services � M�- �,,,, Assistant Planner Exibit: A - Findings of Fact B - ordinance C - Resolution D - Initial Study EXHIBIT "A" DEVELOPMENT CODE AMENDMENT NO. 92-11 AGENDA ITEM: HEARING DATE: 3-16-93 Page 6 FINDINGS OF FACT DEVELOPMENT CODE AMENDMENT NO. 92-11 1. The amendment is consistent with the General Plan in that General Plan Objective 11. 1 states that it shall be the objective of the City of San Bernardino to reduce the rates of energy and water consumption in the City through architectural design, use of efficient utility systems, trip reduction, and other techniques. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the implementation of water conservation measures will result in long term benefits to the City and its residents by preventing or delaying the imposition of water rationing or restrictions. Exhibit "D" CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT INITIAL STUDY INITIAL STUDY FOR MOVIR02MNTAL IMPACT FOR Development Code Amendment DCA 92-11 Project Description/Location: To amend the Development Code, Section 19.28 relating to landscaping, to implement the State mandated water conservation landscape ordinance. The amendment is Citywide in its application. Date: October 28, 1992 Prepared for: City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 Prepared by: Jeffery S. Adams Assistant Planner City of San Bernardino Planning and Building Services 300 North "D" Street San Bernardino, CA 92418 cemxu rwxnw�mrfa PLAN-8.07 PAGE 1 OF 1 (4.90) INITIAL STUDY FOR DEVELOPMENT CODE AMENDMENT 92-11 Introduction This Initial Study is provided by the City of San Bernardino for Development Code Amendment 92-11. It contains an evaluation of potential adverse impacts that can occur if the proposed amendment is approved and adopted. The California Environmental Quality Act (CEQA) requires the preparation of an Initial Study when a proposal must obtain discretionary approval from a governmental agency and is not exempt from CEQA. The purpose of the Initial Study is to determine whether or not a proposal, not exempt from CEQA, qualifies for a Negative Declaration or whether or not an Environmental Impact Report (EIR) must be prepared. The following components constitute the Initial Study for Development Code Amendment 92-11: 1. Project Description 2 . Site and Area Characteristics 3 . Environmental Setting 4. Environmental Impact Checklist 5. Discussion of Environmental Evaluation and Mitigation Measures 6. Conclusion/Environmental Determination Combined, these components constitute the complete Initial Study for Development Code Amendment 92-11. 1. PROJECT DESCRIPTION The project is a proposal to amend the City of San Bernardino's Development Code relating to landscaping requirements. The State of California has approved an Assembly Bill, AB 325 which mandates that each city or county adopt a water efficient landscape ordinance by January of 1992, or the State's Model Ordinance will become effective by default. The intent of AS 325 is to promote the conservation of water in the landscape through the selective choice of plant material, efficient irrigation practices, and education of the public. Development Code Amendment 92-11 will incorporate the objectives of AB 325 into the City's Development Code. 2. SITE AND AREA CHARACTERISTICS The proposal will apply to the entire City of San Bernardino. The City covers approximately 55 square miles and is at the base of the San Bernardino Mountains. CITY OF SAN 13ERNARDINO PLANNING,AND BUILDING SERVICES DEPARTMENT ENVIRONMENTAL IMPACT CHECKLIST A. BACKGROUND Application Number: Development Code Amendment DCA 92-I1 Project Description: To amend the Development Code , Section 19 . 28 relating to landscaping , to implement the State mandated water conservation landscape ordinance. Location: The proposal will encompass the entire City of San Bernardino . Environmental Constraints Areas: NIA General Plan Designation: Citywide Zoning Designation: Citywide B. ENVIRONMENTAL IMPACTS Explain answers,where appropriate,on a separate attached sheet. 1. Earth Resources Will the proposal result in: Yes No Maybe a. Earth movement(cut and/or fill)of 10,000 cubic X yards or more? b. Development and/or grading on a slope greater X than 15%natural grade? e. Development within the Alquist-Priolo Special Studies Zone as defined in Section 12.0-Geologic X 8 Seismic, Figure 47,of the City's General Plan? d. Modification of any unique geologic or physical X feature? e. Development within areas defined for high potential for water or wind erosion as identified in Section 12.0- Geologic&Seismic,Figure 53,of the City's General Plan? X f. Modification of a channel,creek or rive? X mnu,w„no° Orwv PW gbli PAGE 10; J � g. Development within an area subject to landslides, Yes No Maybe mudslides, liquefaction or other similar hazards as Identified in Section 12.0-Geologic 8 Seismic, Figures 48,52 and 53 of the City's General Plan? X h. Other? X 2. Air Resources: Will the proposal result in: a. Substantial air emissions or an effect upon ambient X air quality as defined by AQMD? b. The creation of objectionable odors? X c. Development within a high wind hazard area as identified in Sedan 15.0-Wind 8 Fire, Figure 59,of the City's General Plan? X 3. Water Resources: Will the proposal resuh in: a. Changes in absorption rates,drainage pattems,or the rate and amount of surface runoff due to impermeable surfaces? X b. Changes in the course or flow of flood waters? X c. Discharge into surface waters or any alteration Y of surface water quality? d. Change in the quantity of quality of ground water? X e. Exposure of people or property to flood hazards as identified in the Federal Emergency Management Agency's Flood Insurance Rate Map, Community Panel Number 060281 ,and Section 16.0 - Flooding, Figure 62, of the City's General Plan? X I. Other? X 4. Biological Resources: Could the proposal result in: a. Development within the Biological Resources Management Overlay,as identified in Section 10.0 -Natural Resources, Figure 41,of the City's X General Plan? b. Change in the number of any unique,rare or endangered species of plants or their habitat including stands of trees? X c. Change in the number of any unique,rare or endangered species of animals or their habitat? X d. Removal of viable, mature trees? (6'or greater) X e. Other? X S. Noise: Could the proposal result in: a. Development of housing, heahh care facilities,schools, libraries, religious facilities or other"noise'sensitive uses in areas where existing or future noise levels exceed an Ldn of 65 dB(A)exterior and an Ldn of 45 dB(A)interior as identified in Section 14.0- Noise, Figures 14-6 and X 14.13 of the City's General Plan? m mnwrwmo�axu° P�9D6 PAGE20c_ f1�901 b. Development of new or expansion of existing industrial, Yes No Maybe commercial or other uses which generate noise levels on areas containing housing, schools, health care facilities or other sensitive uses above an Ldn of 65 dB(A)exterior X or an Ldn of 45 dB(A) interior? c. Other? X 6. Land Use: Will the proposal result in: a. A change in the land use as designated on the General Plan? X b. Development within an Airport District as identified in the Air Installation Compatible Use Zone (AICUZ) Report and X the Land Use Zoning District Map? c. Development within Foothill Fire Zones A&B, or C as identified on the Land Use Zoning District Map? X d. Other? X 7. Man-Made Hazards: Will the project: a. Use,store,transport or dispose of hazardous or toxic materials(including but not limited to oil, X pesticides,chemicals or radiation)? b. Involve the release of hazardous substances? X c. Expose people to the potential health/safety hazards? X X d. Other? 8. Housing: Will the proposal: a. Remove existing housing or create a demand for additional housing? X b. Other? X 9. Transportation/Circulation: Could the proposal, in comparison with the Circulation Plan as identified in Section 6.0 -Circulation of the City's General Plan, result in: a. An increase in traff ic that is greater than the land use designated on the General Plan? X b. Use of existing,or demand for new, parking facilities/structures? X c. Impact upon existing public transportation systems? X d. Alteration of present patterns of circulation? X e. Impact to rail or air traffic? X f. Increased safety hazards to vehicles,bicyclists or X Pedestrians? g. A disjointed pattern of roadway improvements? X In. Significant increase in traffic volumes on the roadways or intersections? X i. Other? X mnMa r,�nc�v PI 605 PAGE 3OF_ 1'�b) 10. Public Services: Will the proposal impact the following Yes No Maybe beyond the capability to provide adequate levels of service? a. Fire protection? x. b. Police protection? X c. Schools (i.e., attendance, boundaries, overload, etc.)9 x d. Parks or other recreational facilitiesl x e. Medical aid? X 1. Solid Waste7 x g. Other? x 11. Utilities: Will the proposal: a. Impact the following beyond the capability to provide adequate levels of service or require the construction of new facilities? 1. Natural gas? x 2. Electricity? X 3. Water? X 4. Sewer? x s. Other? x b. Result in a disjointed pattern of utility extensions? x c. Require the construction of new facilities? X 12. Aesthetics: a. Could the proposal result in the obstruction of any scenic view? x b. Will the visual impact of the project be detrimental to the surrounding area? X c. Other X 13. Cultural Resources: Could the proposal result in: a. The alteration or destruction of a prehistoric or historic archaeological site by development within an archaeological sensitive area as identified in Section 3.0-Historical, Figure 8,of the City's General Plan? X b. Alteration or destruction of a historical she,structure or object as listed in the City's Historic Resources Reconnaissance Survey? x C. Other? x PtAlLepa PAGE 4OG iri.an 14. Mandatory Findings f Significance (Section 15065) The California Environmental Quality Act states that if any of the following can be answered yes or maybe, the project may have a significant effect on the environment and an Environmental Impact Report shall be prepared. Yes No Maybe a. Does the project have the potential to degrade the quality of the environment,substantially reduce the habitat of a fish or wildlife species,cause a fish or wildlif e population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? X b. Does the project have the potential to achieve short- term,to the disadvantage of long-term,environmental goals? (A short-term impact on the environment is one which occurs in a relatively brief,definitive period of time while long-term impacts will endure well into X the future.) c. Does the project have impacts which are individually limited, but cumulatively considerable?(A project may impact on two or more separate resources where the impact on each resource is relatively small, but where the effect of the total of those impacts on the X environment is significant.) d. Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? x C. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES (Attach sheets as necessary.) See Attached PLAILYSR PWIFSOC n,x o 3. ENVIRONMENTAL SETTING The City of San Bernardino is adjacent to and intrudes into the San Bernardino Mountains, as well as spreading out onto the valley floor. The local climate is mediterranean in nature, with low annual rainfall and is prone to periodic drought. There are seasonal Santa Ana Winds which create additional negative impacts to the area. 4. DISCUSSION OF ENVIRONMENTAL EVALUATION AND MITIGATION MEASURES 1. Earth Resources: The proposal to implement a water efficient landscape ordinance will not impact any earth resources due to its secondary nature. No development will occur as a result of this proposal. 2. Air Resources: The implementation of efficient irrigation and water saving practices will not negatively impact air resources, nor cause objectionable odors. 3. Water Resources: a. The proposal may result in changes to the absorption rate of landscaped areas. However, by increasing the efficiency of the irrigation practices the absorption rate should improve thereby reducing potential run-off. No negative impacts are anticipated. b & c. The proposal will not any impact on flood waters, nor will it cause any discharge into surface waters. There is a potential for an improvement to surface waters if run-off is reduced, but further study is not required to determine the positive impact a proposal may have. d. The proposal may impact the quantity of groundwater available by reducing the demand and thereby increasing groundwater reserves. The quality of groundwater will not be impacted by the proposal. e. The proposal, since it does not provide for development will not expose people to flood hazards. 4. Biological Resources: Biological resources will not be impacted by the proposal since water conservation practices will apply only to artificially installed or maintained landscapes. S. Noise: Noise will not be generated by the proposal, nor will the proposal allow development which will produce noise. Irrigation practices and plant material is a normal portion of development and this proposal will only enhance the water conserving aspects the that process. 6. Land Use: The proposed project will not alter the current land use designation of any portion of the City. 7. Man-Made Hazards: The proposal will not involve toxic or hazardous material or expose people to any health risks. 8. Housing: The proposal applies to residential as well as commercial/industrial but will not create or lessen the demand for housing. 9. Transportation/Circulation: There is no development accompanying this proposal. No traffic will be generated nor will there be impacts to circulation or any transportation systems be created by this proposal. 10 & 11. Public Services & Utilities: The project will not have any impact on any public service or utility due to its nature. The incorporation of guidelines for drought tolerant landscaping and water conservation may improve water availability to some degree, but would not create any negative impacts. 12. Aesthetics: a. The proposal will not be a development of any kind so it cannot obstruct any views. b. The incorporation of "xeriscape" (meaning "dry landscape") guidelines into the landscape portion of the Development Code will not create any negative visual impacts. Like any other type of landscape, it needs to be properly maintained. If it is not, it has the potential to become an eyesore. There is an advantage to xeriscape over conventional landscaping in that since there is less water being used, there are usually less weeds to contend with and maintenance is usually easier. 13. Cultural Resources: There will not be any impacts to cultural resources since the application of water conservation practices will only occur in conjunction with development proposals which will be review for site specific impacts to cultural resources. D. DETERMINATION - On the basis of this initial study, © The proposed project COULD NOT have a significant effect on the environment and a NEGATIVE DECLARA. TION will be prepared. The proposed project could have a significant effect on the environment,although there will not be a significant effect in this rase because the mitigation measures described above have been added to the project. A NEGATIVE DECLARATION will be prepared. The proposed project MAY have a significant effect on the environment,and an ENVIRONMENTAL IMPACT REPORT is required. ENVIRONMENTAL REVIEW COMMITTEE CITY OF SAN BERNARDINO,CALIFORNIA Larry E . Reed Assistant Director Name and Title Signature (7 Date: PlA1YpDB PAGE—OF ntgpl 0 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 19.28 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) , TO 3 INCORPORATE WATER CONSERVATION MEASURES IN THE LANDSCAPING SECTION. 4 THE MAYOR AND COMMON COUNCIL DO ORDAIN AS FOLLOWS: 5 SECTION 1. Amend Section 19.28.010 adding Subsection No. 6 5 as follows: 7 115. Water is an increasingly limited and costly resource. It is 8 the intent of this chapter to establish a water conservation 9 plan to reduce water consumption in the landscape environment 10 by using drought tolerant principles. " (See Exhibit 1, Page 11 III-68 of the Development Code, attached hereto and 12 incorporated herein by reference. ) 13 SECTION 2. Renumber Section 19.28.110 APPLICABLE 14 REGULATIONS of the Development Code to Section 19.28.120 and add a 15 new Section 19.28.110 as follows: (See Exhibit 2 , Pages III-77, 16 III-77A, III-77B of the Development Code, attached hereto and 17 incorporated herein by reference. ) 18 9119.28. 110 WATER CONSERVATION REQUIREMENTS 19 1. APPLICABILITY 20 All new development, including residential subdivisions, or increases in floor area in excess of 25% of existing 21 commercial or industrial buildings shall be in compliance with the provisions of this section and must have a minimum of 75 22 points each, based on the Landscape and Irrigation Assessment Criteria contained in Section G19. 28. 130 (5) . 23 2 . IMPLEMENTATION 24 These provisions apply to all future projects and existing 25 projects which are deemed incomplete by the Department, pursuant to Government Code Section 65943, at the effective 26 date of this Section. Applications for Extensions of Time, Minor Modifications, and Amendments to Conditions, to approved 27 projects must comply with these provisions. 28 1 1 3 . DEFINITIONS 2 Anti-drain Valve or Check Valve. A valve located under a sprinkler head, or in a lateral supply line to hold water in 3 the system so it minimizes drainage from the lower elevation sprinkler heads. 4 Drought Tolerant Landscaping. A combination of landscape 5 features and techniques that reduce the demand for, and consumption of water, including efficient irrigation 6 techniques and systems, minimizing the area of turf coverage, as well as using water conserving plant material and organic 7 ground covers. 8 Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, 9 historic ecosystem, or ecological habitat. 10 Evapotranspiration. The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a 11 specific time. 12 Hvdrozone. A portion of the landscaped area having plants with similar water needs that are served by a valve or set of 13 valves with the same schedule. A hydrozone may be irrigated or non-irrigated. For example, a naturalized area planted 14 with native vegetation that will not need supplemental irrigation once established is a non-irrigated hydrozone. 15 Landscaped Area. The entire parcel less the building 16 footprint, driveways, non-irrigated portions of parking lots, hardscapes such as decks and patios, and other non-porous 17 areas. Water features are included in the calculation of the landscaped area. Areas dedicated to edible plants, such as 18 orchards or vegetable gardens are not included. 19 Mulch. Any organic material such as leaves, bark, straw or other materials left loose and applied to the soil surface for 20 the beneficial purpose of reducing evaporation. 21 Rain Sensing Device. A system which automatically shuts off the entire irrigation system when it rains. 22 Recreational Area. Areas of active play or recreation such as 23 sports fields, school yards, picnic grounds, or other areas with intense foot traffic as determined by the Director of 24 Parks, Recreation and Community Services. 25 Recycled Water, Reclaimed Water. or Treated Sewage Effluent Water. Treated or recycled waste water of a quality suitable 26 for non-potable uses such as landscape irrigation; not intended for human consumption. 27 28 2 O 1 Soil Moisture Sensing Device. A device that measures the amount of water in the soil. 2 Turf. A single bladed grass or sod. 3 Water Conserving Plant. Any plant which exhibits drought 4 tolerant characteristics, that will, in a designed location, survive with limited supplemental water. A listing of these 5 plants is available from the City. 6 4. EXEMPTIONS 7 The following shall be exempt from the drought tolerant provisions of this section: 8 A. Yards for single family homes, four units or less, which 9 are not part of a larger subdivision; 10 B. Interior remodels, tenant improvements and demolitions; 11 C. Registered historical sites; 12 D. Ecological restoration projects that do not require a permanent irrigation system; 13 E. Schools, parks, cemeteries or similar public open spaces; 14 F. Golf courses - courses are required to - ( qu provide on- 15 site holding/recycling ponds to retain and reuse as much water as reasonable as determined by the Director of 16 Parks, Recreation and Community Services) ; 17 G. Structural additions or detached structures which do not result in an increase of more than 25% of the floor area; 18 H. Replacement or repair of existing plant material or 19 irrigation systems in conjunction with routine maintenance. 20 I. Fuel modification areas as required by the Fire 21 Department. The fuel modification area will be deducted from the overall landscape area calculation. " 22 23 24 25 26 27 28 3 0 1 ORDINANCE. . . AMENDING CHAPTER 19 . 28 OF THE SAN BERNARDINO MUNICIPAL CODE (DEVELOPMENT CODE) , TO INCORPORATE WATER CONSERVATION MEASURES 2 IN THE LANDSCAPING SECTION. 3 I HEREBY CERTIFY that the foregoing ordinance was duly 4 adopted by the Mayor and Common Council of the City of San 5 Bernardino at a meeting thereof, held on the 6 day of , 1993, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 REILLY 10 HERNANDEZ 11 MAUDSLEY 12 MINOR 13 POPE-LUDLAM Q14 MILLER 15 16 City Clerk 17 The foregoing ordinance is hereby approved this day of 1993 . 18 19 W. R. Holcomb, Mayor City of San Bernardino 20 Approved as to 21 form and legal content: 22 JAMES F. PENMAN, City ttorney 23 By: 24 J 25 26 27 28 4 LANDSCAF ;STANDARDS-1938 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 City by providing standards relating to quality, quantity and functional aspects of landscaping and landscape screening. 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 mi�g the impact of all forms of physical and visual pollution, controlling soil erosion, screening incom- patible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety. 5. ** See Text Below 19.28.020 APPLICATION A concept landscaping plan shall be submitted as part 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 program in terms of location, size/scale,function, theme and similar attributes. The concept plan shall pro- 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 prepared following approval of the per- mit application by the review authority. Submittal of the comprehensive plan shall be concurrent with the grading plan(s) and other documents and reports. This section and 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 and Recreation requires the use of the Parks,Recreation and Community Services Procedures and 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 principals. M-M Exhibit 1 0 LANDSCAPING STANDARDS-19.28 19.28. 110 WATER CONSERVATION REQUIREMENTS 1. APPLICABILITY All new development, including residential subdivisions, or increases 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. 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. Drought Tolerant Landscaping. 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. Ecological Restoration Project. A project where the site is intentionally altered to establish a defined, indigenous, historic ecosystem, or ecological habitat. Evapotranspiration. The quantity of water evaporated from adjacent soil surfaces and transpired by plants during a specific time. Hydrozone. 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 hydrozone 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. 1I1-77 Exhibit 2 LANDSCAPINw STANDARDS-19.28 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 Sensing 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 Sewage 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 Sensing Device. A device that measures the amount of water in the soil. Turf. A single bladed grass or sod. Water Conserving 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 LANDSCAPING STANDARDS-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 or repair of existing plant material or irrigation systems in conjunction with routine maintenance. 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 REGULATIONS 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 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING GUIDELINES FOR WATER 3 CONSERVATION IN THE LANDSCAPE ENVIRONMENT THROUGHOUT THE CITY. 4 WHEREAS, The City of San Bernardino, California has adopted a 5 General Plan by resolution on June 2, 1989 that established a new 6 framework of land use policies and a new official land use plan for 7 all incorporated property in the City of San Bernardino; 8 WHEREAS, the General Plan requires the establishment of design 9 standards in the Development Code of the City; 10 WHEREAS, Development Code Amendment 92-11 is concurrently 11 adopted with these design guidelines; and 12 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF 13 SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE, DETERMINE AND 14 ORDER AS FOLLOWS: 15 SECTION 1. Renumber Section G19.28.120 LANDSCAPE DESIGN 16 GUIDELINES of the Development Code to Section G19.28.130 (See 17 Exhibit "A" , Page III-78 of the Development Code, attached hereto 18 and incorporated herein by reference. ) 19 SECTION 2 . The Design Guidelines of the San Bernardino 20 Development Code are amended to add Section G19. 28. 130(5) WATER 21 CONSERVATION for the implementation of water saving measures within 22 the City of San Bernardino, to read as shown in Exhibit "B" 23 attached hereto and incorporated herein by reference, Pages III-80 24 and III-81 of the Development Code. 25 SECTION 3 . This resolution shall take effect upon the 26 effective date of an accompanying ordinance adopting Development 27 Code Amendment 92-11, which incorporates the standards for water 28 conservation in the City of San Bernardino. 1 0 O 1 RESOLUTION . . .ESTABLISHING GUIDELINES FOR WATER CONSERVATION IN THE LANDSCAPE ENVIRONMENT. 2 I HEREBY CERTIFY that the foregoing resolution was duly 3 adopted by the Mayor and Common Council of the City of San 4 Bernardino at a meeting therefore, held on the 5 day of 1993, by the following vote, to 6 wit: 7 Council Members AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 REILLY _ 10 HERNANDEZ _ 11 MAUDSLEY _ 12 MINOR _ 13 POPE-LUDLAM _ Q14 MILLER 15 16 City Clerk 17 The foregoing resolution is hereby approved this day 18 of , 1993 . 19 20 W. R. Holcomb, Mayor City of San Bernardino 21 Approved as to 22 form and legal content: 23 JAMES F. PENMAN, City Attorney 24 By: 25 26 27 28 2 LANDSCAPE DESIGN C"LDELINES-G19.28 G19.26.130 LANDSCAPE —SIGN GUIDELINES 1. PURPOSE The following design guidelines are intended as a reference framework to assist the designer in understanding the City's goals and objectives for high quality development. The guidelines will be utilized during the city's design review process to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. 2. APPLICABILITY The provisions of this section apply to all development projects within the City, unless otherwise specified herein. Any addition, remodeling, relocation, or construction requiring a building permit subject to review by the DRC, shall adhere to these guidelines where applicable. Unless there is a compelling reason, these design guidelines shall be followed. If a guideline is waived by the Development Review Committee, the Mayor and Common Council shall be notified. An appeal, which does not require a fee, may be filed by the Mayor or any Council person within 15 days of the waiver approval. 3. GENERAL GUIDELINES A. Landscaping and open spaces should be designed as an integral part of the overall site plan design. Landscaping and open spaces should enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening. B. Landscape design should accent the overall design theme through the use of structures such as arbors and trellises which are appropriate to the particular architectural style of adjacent structures. C. Landscaped areas should incorporate plantings utilizing a three tier system; 1) grasses and ground covers, 2) shrubs, and 3) trees. D. The following are common planting design concepts that should be used whenever possible: 1. specimen trees used in informal grouping and rows at major focal points 2. Extensive use of flowering vines both on walls and arbors 3 . Pots, vases, walls or raised planters 4. The use of planting to create shadow and pattern against walls 5. Trees to create canopy and shade, especially in parking areas 6. The use of flowering trees in informal groups to provide color. III-78 Exhibit "A^ LANDSCAPING STANDARDS-19.28 5. WATER CONSERVATION CRITERIA Each project shall be in compliance with the Water Conservation in Landscape Ordinance. A project must receive a minimum of 75 points in the landscape category. A. Landscape Technique Pointe 1. Water conserving plants used in 75% or 20 more of the total landscaped area. 2 . Turf limited as follows: 20 a. Residential Projects - 50% of total landscaped area b. All Other Projects* - 30% of total landscaped area. (* Except those areas designated as "Recreational Areas") 3 . Plants placed or grouped into hydrozones 10 according to their watering needs. 4 . Polymers incorporated into the soil to 10 © improve water holding capacity in turf and ground cover areas. 5. A maintenance Program consisting of: 10 a. Periodic irrigation system repair. b. Seasonal adjustments to the irrigation system. C. Practices which foster long term landscape water conservation. 6. Hardscape (non-irrigated) surfaces, such as 5 non-removable alluvial rock or decorative paving, used in 10% or more of total landscaped area. 7. Where turf is used, utilize varieties which 5 have been proven to have low water requirements, such as "marathon. " 8 . Where no ground cover is used, utilize wood 5 chips, bark, or other organic mulch, to a depth of three inches on top of exposed soil or landscape fabric, such as underneath shrubs. © 9. Organic soil amendments to improve water 5 holding capacity of soil, where soil conditions merit. III-80 Exhibit "B" LANDSCAPINt- STANDARDS-19.28 B. Irrigation Technique Each project shall be in compliance with the Water Conservation in Landscape Ordinance. A project must receive a minimum of 75 points in the irrigation category. Points 1. Low gallonage irrigation system, or higher 20 gallonage systems with automatic controller capable of repeat cycling, used for more than 75% of the total landscaped area. Turf areas must utilize "spray" coverage, drip systems may not be used for turf. 2 . Automatic controller for irrigation system. 20 3. Irrigation system designed using hydrozones 10 to water plants according to their water needs (i.e. - landscape materials which require different watering needs are irrigated by separate control valves) . 4 . Rain sensors used in conjunction with an 10 automatic controller. 5. Soil-moisture sensors used in conjunction 5 with an automatic controller. 6. Wind sensors (e.g. - anemometer) used in 5 conjunction with an automatic controller. 7. In-head or in-line check valves are utilized 5 (whenever the cross gradient is greater than three feet in elevation) . 8. Irrigation is sensitive to slope factors (i.e. 5 - low gallonage heads, repeat start times, water basins) . Plan notes shall delineate how slopes are addressed to conserve water. 9. Use of reclaimed or recycled water. 5 10. Irrigation schedule which varies by season, 5 and developed through the use of Evapotranspiration data (ET) . 11. Provide on-site public information through 5 models, illustrations, examples, literature, or any combination of the above, on water conservation in landscaping. III-81