San Bernardino Municipal Code Ch. 17.06 Water Wise Landscape Program

(A) The purpose of this chapter is to encourage water conservation in the city 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.

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AGREEMENT. The water wise landscape agreement described in this chapter.

CITY. The City of San Bernardino.

CODE. The Municipal Code of the City of San Bernardino.

DEPARTMENT. The Development Services Department of the City of San Bernardino.

DIRECTOR. The Director of Development Services of the City of San Bernardino, or his or her designee.

GUIDELINES. The Water Wise Landscape Guidelines developed by the Water Resources Institute, California State University, San Bernardino.

PERMIT. The water wise landscaping permit described in this chapter.

PROGRAM or WATER WISE LANDSCAPE PROGRAM. The City of San Bernardino’s water wise landscape program described in this chapter.

WATER WISE LANDSCAPE. A landscape that uses drought tolerant, California friendly landscaping in lieu of large turf areas and that uses efficient irrigation.

This chapter shall apply to single-family residential properties in the city.

There is established the city water wise landscape program.

The program shall be administered by the Director through the Department.

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) (1) 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; and

(2) The application must accurately set forth:

(a) The street address and Assessor’s Parcel Number of the property;

(b) A description of the landscaping that is to be retired and replaced;

(c) 1. A description of the water wise landscape that is to be installed; and

2. 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.

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.

(d) The date on which the installation of the replacement landscaping will begin, which shall not be later than 12 months from the date of submittal of the application; and

(e) 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.

(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.

(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; and

(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 re-landscaped 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.

Editor’s note:

Ord. MC-1418, passed 11-5-2015 deleted Chapter 8.27 and directed that references to it be directed to Chapter 8.30 and also amended Chapter 8.30; specific divisions referenced may either no longer exist or no longer work as specific references although the content may still be found elsewhere in Chapter 8.30 as a whole.

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.

(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 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 § 1.12.010.

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.

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 § 17.06.080 and any other benefits to which program participants are entitled under this chapter.

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 $100 for each month the permit was in effect, prorated day-by-day for partial months.

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 § 1.12.010.

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.

The adoption of this chapter is exempt from the provisions of the California Environmental Quality Act, pursuant to § 15061(b)(3) of the Guidelines for Implementation of the California Environmental Quality Act (Title 14, Cal. Code of Regulations, commencing with § 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.

(Ord. MC-1311, passed 8-18-2009)

Statutory reference:

California Environmental Quality Act, see Cal. Public Resources Code, §§ 21000 et seq.