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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/03/2003 - ITEMS RELATING TO REQUIREMENTS FOR SOIL AMENDMENTS AGENDA ITEM SUMMARY ITEM NUMBER: 26 A-B DATE: June 3, 2003 FORT COLLINS CITY COUNCIL FROM: Gale McGaha Miller/ Bob Zakely SUBJECT : Items Relating to Requirements for Soil Amendments. RECOMMENDATION: Staff recommends adoption of Ordinance No. 084, 2003 (Option A or Option B) and recommends that no action be taken on the Second Reading of Ordinance No. 085, 2003. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 084, 2003, Amending Chapter 12 of the City Code to Add Requirements for Soil Amendments and Amending a Similar Provision of the Land Use Code (Option A or Option B). B. Second Reading of Ordinance No. 085, 2003, Appropriating Prior Year Reserves in the Water Fund to Initiate a Soil Amendment Inspection Program. Ordinance No. 084, 2003, was adopted 5-2 (Nays: Councilmembers Kastein and Weitkunat) on First Reading on May 20, 2003. It proposes changes to the City Land Use Code and additions to the City Code to provide clarity on soil loosening requirements; to allow the use of more types of soil amendments and topsoil; and to permit for discretion to temporarily suspend or waive soil amendment requirements if compliance is unreasonably difficult due to weather or site conditions, or is not reasonably possible due to physical constraints in a particular area of a property. Following Council discussion on First Reading, and pursuant to direction received at the Leadership Planning Team meeting, staff has included an optional section of the Ordinance which would enable builders to comply with the requirements of the Ordinance either by completing the soil amendments prior to the issuance of a certificate of occupancy or by entering into a binding agreement with a third party (presumably, either the property owner or landscaper) to complete the soil improvements before any landscaping is installed. Under either option, the builder would need to file a certification with the Director of Building and Zoning evidencing compliance. A corresponding optional version of Section 2 of the Ordinance, which modifies the Land Use Code, is also presented. Ordinance No. 085, 2003, was adopted 4-3 (Nays: Councilmembers Kastein, Martinez and Weitkunat) on First Reading on May 20, 2003. Because the proposals only require spot inspections, additional staffing is not needed at this time. Staff recommends no action be taken on the Second Reading of Ordinance No. 085, 2003. • ORDINANCE NO. 084, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 12 OF THE CITY CODE TO ADD REQUIREMENTS FOR SOIL AMENDMENTS AND AMENDING A SIMILAR PROVISION OF THE LAND USE CODE WHEREAS, Section 3.8.21 of the Land Use Code of the City of Fort Collins currently provides that, for any development project approved under the Land Use Code, the issuance of a certificate of occupancy shall be conditioned upon the loosening of soil areas and incorporation of organirappropriate soil amendments in areas to be planted; and WHEREAS, in order to improve the conservation of irrigation water through properly conditioned soils in landscaped areas,staff has recommended that this requirement be expanded to apply to all certificates of occupancy,rather than only those for developments approved under the Land Use Code; and WHEREAS, staff has also recommended that the soil loosening and amendment requirements be applied to landscaped areas within developments,whether or not a building permit or certificate of occupancy is required for completion of those areas; and WHEREAS, the expanded scope of the building permit and certificate of occupancy requirements can be accomplished by adding as a new section in Chapter 12 of the City Code a version of the language currently provided in Section 3.8.21 of the Land Use Code, modified to expand the scope of its application and to more specifically describe the required activities and the process for administering the requirements; and WHEREAS, the inclusion of development areas not covered by building permit and certificate of occupancy requirements can be accomplished by modifying the language of Section 3.8.21 of the Land Use Code; and WHEREAS,the Water Board considered the proposed new City Code section on April 24, 2003, and recommended approval; and WHEREAS,the Planning and Zoning Board considered the proposed new City Code section on May 1,2003,and recommended that staff conduct additional discussions with local homebuilders and landscapers to work through areas of concern related to the proposed requirements; and WHEREAS,the City Manager and City staff have met with and received additional feedback from local homebuilders and landscapers regarding the proposed soil loosening and amendment requirements, and modifications have been made to the proposed language to address certain of the concerns that have been expressed; and WHEREAS, the City Council has determined that the important public health, safety and . welfare objective of conserving valuable resources including water and soil will be served and advanced by the enactment of the soil loosening and amendment requirements described hereinbelow. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That anew Article VII,entitled"Resource Conservation"be added to Chapter 12 of the Code of the City of Fort Collins, and that a new Division 2, entitled "QMMi Soil Amendments", be added to said Article VII to read as follows: ARTICLE VII. RESOURCE CONSERVATION DIVISION 2. OR6A-M&SOIL AMENDMENTS Sec. 12-130. Purpose. The provisions of this Section are intended to enhance soil water storage capacity, improve conditions for plant growth and reduce water runoff. Sec. 12-131. Definitions. The following words, terms and phrases, when used in this Section, shall have the meanings ascribed to them in this Section: 6rfl a� rzi Soil amendments shall mean compost, peat, or-aged manure or such other organic orino gamic material as may be approved by the City Manager as appropriate to meet the objectives of this Section. Top soil shall mean a friable mixture of sand,silt and clay particles,each within the following limits: Sand(0.05 - 2.00 mm) Maximum 75 % Minimum 20 % Silt (0.002—0 05 mm) Maximum 60 % Minimum 5 % Clay(less than 0.002 mm) Maximum 30 % Minimum 5 % Top soil shall have an organic matter content of greater than five percent (5%) and a pH between 6.0 and 8.0,and shall be free from noxious weeds and roots,salts,clay lumps, any non-soil materials such as rock, concrete, brick chips, or building materials,foreign matter,and any chemical,biological or radiological contaminants. Sec. 12-132. Regulations. (a) As a condition of the issuance of a certificate of occupancy, the holder of any building permit shall be required to prepare any such area in which any plant materials, including but not limited to grass, seed, flowers, shrubs or trees, are expected or intended to be installed,prior to installation of any plant materials in that area, as follows: (1) the soil in such areas shall be thoroughly loosened to a depth of not less than eight(8) inches; and (2) nic soil amendments shall be thoroughly incorporated into the soil of such areas to a depth of at least six (6) inches by tilling, discing or other suitable method, at a rate of at least three (3) cubic yards of soil amendment per one thousand (1,000) square feet of area to be planted, unless at least four (4) inches of loose top soil has been placed on the area after completion of construction activity on top of not less than four (4)inches of loosened subgrade soils. Documentation of the content and quantity of the soil amendments and top soil placed in an area,prepared by the commercial source of the material or a qualified soils testing laboratory, shall be retained andsubmitted in connection with the certification required in § 12-132(b). Option A: (b) Prior to the issuance of any certificate of occupancy, the prospective recipient of such certificate of occupancy shall , ' ,SU rm written certification to the Director of Building and Zoning that all planted areas,or areas to be-planted, have been were-thoroughly loosened and the soil amended, consistent with the requirements set forth in this Section, at the time of planting. (c) In the event that the City Manager determines that compliance with this Section is rendered unreasonably difficult by weather or seasonal conditions,the City Manager may temporarily suspend the application of this requirement, contingent upon the provision by the prospective recipient of such arrangements,guaranties or assurances as the City Manager determines to be adequate to ensure compliance. (d) In the event that the City Manager determines that compliance with this Section in a specific area is unreasonably difficult as a result of site conditions such as, for example, an excessively steep gradient or a very narrow side lot, the City Manager may waive the application of this requirement for such area. (e) The City Manager may inspect any property in order to determine compliance with the requirements of this Section as a condition of issuance of any certificate of occupancy. (f) Payment of any administrative fee established by the City Manager for the purpose of recovering the costs of administering and enforcing the requirements of this Section shall be required as a condition of issuance of any building permit, excluding any building permit where it can be shown that no areas within the project limits will be disturbed by construction activities and planted with vegetation. Option B: (b) Prior to the issuance of any certificate of occupancy, the prospective recipient of such certificate of occupancy shall affirm and certify,in ,submit i}g that all planted areas,Qr wertthoroughly loosened and the soil amended, consistent with the requirements set forth in this Section, "r tau �a esment�. ro wive P gyp, pry '9r cQ (e) fi! tile -9-r lines that comphance Midi this Managet may temporarily stispend the application of this mcitzheinent, C0IItiILrrII! assurances its die eity Niminger determines to be adecittate to ensure compliance. (dc) In the event that the City Manager determines that compliance with this Section in a specific area is unreasonably difficult as a result of site conditions such as, for example, an excessively steep gradient or a very narrow side lot, the City Manager may waive the application of this requirement for such area. (ed) The City Manager may inspect any property in order to determine compliance with the requirements of this Section as a condition of issuance of any certificate of occupancy. (fe) Payment of any administrative fee established by the City Manager for the purpose of recovering the costs of administering and enforcing the requirements of this Section shall be required as a condition of issuance of any building permit, excluding any building permit where it can be shown that no areas within the project limits will be disturbed by construction activities and planted with vegetation. Section 2. That Section 3.8.21 of the Land Use Code of the City of Fort Collins be amended to read as follows: 3.8.21 Organic-Soil Amendments Option A: For any development project, prior to installation of any plant materials, including but not limited to grass, seed, flowers, shrubs or trees, the soil in the area to be planted shall be loosened and amended in a manner consistent with the requirements of City Code Section 12-132(a),regardless of whether a building permit is required for the specific lot, tract or parcel in which the area is located. A certification consistent with the requirements of City Code Section 12-132(b) shall be required and shall be made to the Director. The Director may temporarily suspend or waive compliance for the reasons and in the manner set forth in City Code Sections 12- 130(c) and (d). . Option B: For any development project, prior to installation of any plant materials, including but not limited to grass, seed, flowers, shrubs or trees, the soil in the area to be planted shall be loosened and amended in a manner consistent with the requirements of City Code Section 12-132(a), regardless of whether a building permit is required for the specific lot, tract or parcel in which the area is located. A certification consistent with the requirements of City Code Section 12-132(b) shall be required and shall be made to the Director. The Director may waive compliance for the reasons and in the manner set forth in City Code Sections 12-130(c)and (d). Introduced and considered favorably on first reading and ordered published this 20th day of May, A.D. 2003, and to be presented for final passage on the 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk • Passed and adopted on final reading this 3rd day of June, A.D. 2003. Mayor ATTEST: City Clerk • ORDINANCE NO. 085, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE WATER FUND TO INITIATE A SOIL AMENDMENT INSPECTION PROGRAM WHEREAS, organic soil amendments are required by the City's Land Use Code Section 3.8.21 prior to landscaping and turf installation; and WHEREAS, compliance with this regulation has been sporadic since there has not been a formal inspection program; and WHEREAS,the proper addition of organic soil amendments will help reduce the amount of water needed for future maintenance of the turf and landscaped areas; and WHEREAS,the Water Utility is willing and able to assume responsibility for the inspection of the amendments as part of the Water Utilities' water conservation program; and WHEREAS, the projected cost to hire and equip an employee to conduct the inspection program for the remainder of 2003 is $65,000; and WHEREAS, the costs of the program will be offset by a fee, currently estimated at$42, to be collected on all building permits requiring soil amendments for landscaping; WHEREAS,Article V,Section 9,of the Charter of the City of Fort Collins permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City staff has determined that the appropriation from prior year reserves to initiate a soil amendment inspection program as described herein, will not cause the total amount appropriated in the Water Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the sum of SIXTY-FIVE THOUSAND DOLLARS($65,000)is hereby appropriated for expenditure from the Water Fund prior year reserves to initiate a soil amendment inspection program. Introduced, considered favorably on first reading, and ordered published this 20th day of May A.D. 2003, and to be presented for final passage on the 3rd da of ne A.D. 2003. Mayor ATTEST: City Clerk ai{fi� Passed and adopted on final reading this 3rd day of June A.D. 2003. Mayor ATTEST: City Clerk Soil Amendments Code Comparison I. Provision Purpose Current Land Use Code Requirement Proposed Municipal Code Requirement LUC §3.8.21 Section 12-131 • To enhance soil water storage • To enhance soil water storage capacity,reduce water runoff, capacity, reduce water runoff, and improve conditions for and improve conditions for plant growth plant growth • To improve the existing requirement,making it more equitable,with more options, with waivers, and to include all developments and all landscaped areas NEITHER THE BASIC REQUIREMENT NOR THE RESPONSIBLE PARTY ARE BEING CHANGED IN THE PROPOSED ORDINANCE • H. Provision Requirements Current Land Use Code Requirement Proposed Municipal Code Requirement LUC §3.8.21 Section 12-131 • Builder is Responsible for • Builder is Responsible for certification certification • Requires that soils must be • Requires that soils must be loosened and amended in areas loosened and amended in areas where grasses or other plant where grasses or other plant materials are to be installed materials are to be installed • Requires the recipient of the CO • Requires the recipient of the CO to to certify that the soils have been certify that the soils have been amended prior to the issuance of amended prior to the issuance of the the certificate of occupancy certificate of occupancy or, under Option B, that an agreement exists for later soil amendment III. Proposed Changes Current Land Use Code Requirement Proposed Municipal Code Requirement LUC § 3.8.21 Section 12-131 1. Does not specify depth to loosen 1. Sets depth at 8" soil - could be ''/I' or 6'. 2. Does not specify depth of soil 2. Sets depth at 6" amendment mixing 3. Does not clearly define the type of 3. Allows a variety of organic and/or soil amendments allowed—restricts inorganic soil amendments type of amendments allowed 4. Does not allow the use of topsoil in 4. Allows the use of approved topsoil lieu of the soil amendment 5. Does not provide a mechanism to 5. Option A. includes a provision that temporarily waive the requirement the City can temporarily suspend the during times when it cannot be requirement during periods when it reasonably accomplished(frozen cannot be reasonably accomplished ground, wet soils, etc.) due to weather or season. 6. Does not provide a mechanism to 6. Includes a mechanism to suspend the waive the requirement on sites requirement on sites where where compliance would be compliance would be reasonably unreasonably difficult due to specific difficult conditions such as an excessively steep gradient or very narrow area iii. Proposed Changes (continued) 7. Excludes all developments which 7. Includes all developments were not approved under the City Land Use Code(approximately 65% of currently approved buildable lots) 8. Does not include landscaped areas Proposed Land Use Code Requirement where a building permit is not LUC 3.8.21 required (greenbelts, detention areas,parks, medians, etc.) This 8. Includes all areas to be landscaped can be as much as 35%- 50%of the total development area IV. Enforcement Current Proposed Options A&B • Applies to commercial and • Option A: Applies to and will be residential properties,but until enforced on commercial and recently has been enforced only on residential properties, and all other commercial properties landscaped areas in developments • Option B: Same • A certification is submitted that the • Option A: A certification that the soil amendment has been added or soils have been amended will be that legally binding commitments submitted prior to issuance of C.O. had been made to have the soils The certification may be verified amended prior to the issuance of the with a field inspection prior to the certificate of occupancy issuance of the C.O. • Option B: A certification is • submitted that the soil amendment has been added OR a certification that there is a written agreement with the purchaser to amend the soils before landscaping prior to issuance of a C.O. The certification may be verified with a field inspection after issuance of C.O., but tracking would be very difficult Soil Amendment FAQs Gale McGaha Miller Agenda Item 29 Bob Zakely 1. Is it possible to use inorganic soil amendment materials? Yes, for second reading the ordinance language was changed to delete the word"organic" from"organic soil amendment"throughout the document. There is a new definition of soil amendment that reads, "Soil amendments shall mean compost,peat, aged manure or such other organic or inorganic material as may be approved by the City Manager as appropriate to meet the objectives of this Section." 2. Is there proof that there is a problem with the existing approach? Are we trying to fix something that isn't broken? While there is no proof that developments are failing to properly amend soils, only 35% of all land currently being developed is subject to this requirement. This proposal would broaden soil amendment requirements to all commercial and residential developments, greenbelts, and parks. The proposal also improves the existing requirement by providing options for compliance, including waivers, clarifies the depth of soil loosening, and allows the use of topsoil in lieu of soil amendment. 3. Is there a scientifically verifiable recommendation for the depth of soil loosening and amending? Has staff consulted with CSU? Staff contacted three professionals regarding the benefits of adding organic amendments to soils: Kirk Siesler Instructor of Horticulture Front Range Community College Fort Collins, CO Brent Mecham Landscape Water Management Specialist Northern Colorado Water Conservancy District Jessica Davis Professor, Department of Soil and Crop Sciences Colorado State University All three concur that the addition of an organic soil amendment to area clay soils is of great benefit in promoting water absorption and plant growth. Mr. Siesler and Mr. Mecham indicated that the greater the depth of soil loosening, the greater the benefit. It was stated that three cubic yards of material mixed into 1000 square feet of soil is a minimum amount and that more would be better. Mr. Siesler and Mr. Mecham agreed that, given some of the constraints related to soil loosening and soil amendments around sometimes small single family lots, our proposed requirement of loosening the soil to 8" with soil amendments tilled into the top 6"was a good compromise. 4. By what percentage may water use be reduced through soil amendments? Water conservation is largely a function of behavior on the part of those watering the landscape. Staff was unable to find solid scientific research that specifically verified a percent reduction in water demands of plants in amended soils. Professor Davis of CSU provided a brief review of two scientific papers and a listing of several others which discuss the compost(organic material) impact on water retention. Serra-Wittling, C., S. Houct, and E. Barriuso. 1996. "Modification of Soil Water Retention and Biological Properties by Municipal Solid Waste Compost."Compost Science and Utilization 4(1):44-52. This paper stated that the more compost applied,the greater the water content available for plants to use,but did not quantify the potential water savings. Mamo, M., J.F. Moncrief, C.J. Rosen, and T.R. Halbach. 2000. "The Effect of Municipal Solid Waste Compost Application on Soil Water and Water Stress in Irrigated Com." Compost Science and Utilization 8(3):236-246. This paper stated that the addition of compost to soil increased the water holding capacity of soil without significant increase in available water. So,there is potential to save water, but again it was not quantified. Finally, a document provided by Mr. William Bartran from Turf Master, Ltd. on sod delivery and installation states: "Apply organic matter/compost at a minimum of 3 cubic yards per 1000 sq. ft. optimally apply 6 cubic yards per 1000 sq. ft., especially for hard soils....It is a scientific fact that 000d soil prey can save 30% of the water needed in the landscape." However, the source of this information was not stated in the document, and staff have not been able to verify its accuracy in any other publication. 5. If soils are amended but not landscaped until some time later,will the nutrients in the soil somehow wash away or evaporate? No, if soil amendment is properly incorporated(tilled)into the soil, this should not be an issue. 6. Can the responsibility of amending the soils be shifted from the builder to the homeowner or landscaper? • Yes, under the new option"B"of the proposed ordinance,prior to the issuance of a C.O., a builder may certify that the soils have been amended, OR that they have entered into a written agreement with the prospective purchaser of the property or a landscaping contractor to amend the soil prior to the installation of any plant materials. • • AGENDA ITEM SUMMARY ITEM NUMBER: 29 A-B DATE: May 20, 2003 10 FORT COLLINS CITY COUNCIL Gale McGaha Miller/ STAFF: Bob Zakely SUBJECT: Items Relating to Requirements for Soil Amendments. RECOMMENDATION: ,p� Staff recommends adoption of,the Ordin ces on Fyst Readin j3 FINANCIAL IMPACT: The cost of the inspection program for the remainder of 2003 is estimated at $65,000 and will be approximately $69,000 per year in 2004 and 2005. Funds for the 2003 appropriation are available in the Water Fund reserves. A fee, currently estimated a42, w' be c I1 to on a building permits requiring soil amendments for landscaping. his%revenueswil e used to offset the cost of the inspection program. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 084, 2003, Amending Chapter 12 of the City Code to Add Requirements for Soil Amendments and Amending a Similar Provision of the Land Use Code. B. First Reading of Ordinance�To. 08200OAppropriating Prior Year Reserves in the Water Fund to Initiate a So 1 Amen ment Inspection Program. Item "A" proposes changes to the City Land Use Code and additions to the City Code to provide clarity on soil loosening requirements, to allow the use of more types of soil amendments and topsoil, and to permit for discretion to temporarily suspend or waive soil amendment requirements if compliance is unreasonably difficult due to weather or site conditions, or is not reasonably possible due to physical constraints in a particular area of a property. Item `B" appropriates $65,000 in the Water Fund for 2003 for the purpose of hiring staff and purchasing the equipment necessary to initiate an inspection program. This appropriation is required for an inspection program to ensure compliance with the existing soil amendment provisions of the Land Use Code whether or not Council approves the soil amendment code changes recommended in Item "A". DATE: ITEM NUMBER: LY BACKGROUND: As a water conservation measure, in 1998 Land Use Code ("LUC") Section 3.8.21 was enacted requiring that, prior to installation of turf grass and/or plant materials, soils be loosened and organic soil amendments incorporated. For commercial projects subject to the LUC, enforcement has been accomplished through a system wherein as a condition of receiving a certificate of occupancy ("C.O.") the applicant is required to submit an affidavit affirming the soils have been amended. Compliance on residential lots subject to the LUC has not been enforced either by the submission of an affidavit or a field inspection. In an effort to increase water onservajion in e ty, e Gity�Manager directed staff to more actively ensure that soils are ended. Staff Is ently begun inspecting lots to assure proper soil amendment prior to issuad!6of4 ela.phis-e forcemenNeffort has brought to light several inequities and inconsistencies in the current LUC provision: • It does not apply to developments established pursuant to the zone district and land use regulations in effect on March 27, 1997 (i.e., "P.U.D." projects), thereby exempting approximately 65% of currently available buildable lots. • It does not apply to those often large landscaped areas, such as greenbelts or private parks, for which no building permit or certificate of occupancy is required. • It contains incomplete s e icatio with d t depth soil loosening, and types of amendments allowed. • It does not allow the pl cement topso' i lieu of amending the soils. • It provides no mechamsr�to.,tem or ive the re uirement when soils are frozen or too wet to work, or in certain areas that are not feasible to amend. In order to address these concerns, staff proposes that new language be added to the City Code which would. be applicable to all building projects (including P.U.D. projects), and that LUC Section 3.8.21 be modified such that these requirements apply to all landscaped areas in developments regardless of whether a building permit is required. Proposed language in both the City Code and Land Use Code provides clarity on soil loosening requirements, allows the use of more types of soil amendments and topsoil, and allows for discretion to temporarily suspend or waive soil amendment requirem n f omp%n7d11M, reasonably difficult due to weather or site conditions, or is not reas ab ible d t sicall constraints in a particular area of a property. Public Outreach: Staff sent a letter on March 25, 2003, to all builders notifying them that inspections would now be required in addition to affidavits for all LUC projects. Staff met individually with over 30 different builders and landscapers to discuss both the change in practice for LUC projects and the proposed code changes. Staff presented the proposed Code changes to the Water Board on April 24, 2003. The Water Board recommended approving these changes. Staff also presented the proposed Code changes at a work session of the Planning and Zoning Board on April 25, 2003, and at its formal meeting on May 1, 2003. At the May 1 meeting, DATE: ITEM NUMBER: several members of the public raised concerns that the proposal created a hardship for builders. Concerns included the difficulty of maneuvering soil amending equipment in small lots, the cost shift to builders, how to amend soil in adverse weather conditions, which depth of soil tilling was best, and the problem of amending expansive soils in areas close to the foundation. The Planning and Zoning Board voted to table action on the item and recommended that staff engage in soliciting the input of the builders' community prior to bringing the matter to City Council. The Board recommended that staff bring the item back to the Board at its meeting on June 5. On May 2, 2003, staff attendedoa HrePuild s- ss iat'qn brpwn bag meeting with the City Manager, explained the pro used code char a an solici ed input. The home builders expressed similar concerns to hose raised at the arming and Zoning Board, but expressed its support for the general conce f4oiName?dmFht practices: One suggestion made at that meeting was that the burden to amend soils be shifted back to landscapers, and that the requirement take the form of required permits for landscaping work and licensure of landscapers. Several other informal outreach efforts took place between staff and the public, via visits and phone conversations. Another suggestion by a member of the public was that a compromise approach might be to continue the affidavit system, but expand it to apply to all landscaped areas. It was further suggested t 'f un the Ldaavit system inspections were not carried out, fees would not be neede Un er at sc99 o, o'ccast,Wna of checks could be made to determine whether [here was complianRc1e proJR eIft were'�determined that inspections were necessary, then an inspection prpga ,co ld b d d later. Appropriation for Inspection: The Water Utility will assume responsibility for the inspection program as part of the Utilities' water conservation program. The proper addition of organic soil amendments will help reduce the amount of water needed for future maintenance of the turf and landscaped areas. The $65,000 appropriation requested for 2003 will be used to hire and equip an employee to conduct the inspection program for through the remainder of the year. A request for appropriations to continue the inspection progr wtl4be 'nc di'I1P Water E�und's 2004-2005 budget. This appropriation is needed toe ure com�iance it�stin o11 amendment provisions in the Land Use Code as well as an re,, v� ins,p the_ ill endmentrequirements that may be adopted t as part of Item "A." �� Attachments: • Water Board Minutes • Proposed Code and Land Use Code language i Planning and Zoning Board Minutes will be sent under separate cover before the meeting.