CITY OF DANA POINT AGENDA REPORT BRAD FOWLER, DIRECTOR OF PUBLIC WORKS AND ENGINEERING SERVICES

Transcription

1 06/02/15 Page 1 Item #: 10 CITY OF DANA POINT AGENDA REPORT Reviewed By: DH X CM X CA X DATE: JUNE 2, 2015 TO: FROM SUBJECT: CITY MANAGER/CITY COUNCIL BRAD FOWLER, DIRECTOR OF PUBLIC WORKS AND ENGINEERING SERVICES INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING CHAPTER TO ADDRESS LANDSCAPE REQUIREMENTS WITHIN PUBLIC RIGHT- OF-WAY PARKWAY AREAS RECOMMENDED ACTION: That the City Council Introduce and hold a First Reading of an Ordinance to amend Chapter (Action Document A) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING CHAPTER TO ADDRESS LANDSCAPE REQUIREMENTS WITHIN PUBLIC RIGHT-OF-WAY PARKWAY AREAS BACKGROUND: The City of Dana Point, consistent with other California cities, historically developed public street right-of-way areas to include landscaped parkways with grass and trees adjacent to, and in front of, residential sidewalks and homes. The intent of these grass parkway sections was to provide attractive, uniformly landscaped neighborhoods along with a walkable parkway surface where pedestrians can exit vehicles and reach sidewalks hence the almost exclusive use of grass. Both form and function are important to these unique locations. Residents are required to maintain these parkways in the public right-of-way, while the City maintains the sidewalks and trees. Existing public residential streets having parkways makes up about a third of our City streets. Public streets primarily in Monarch Beach Terrace, Lantern Village, Capo Beach and the Bible Belt were constructed this way in great part. City of Dana Point Municipal Ordinance Section delineates some of the responsibilities for these parkways. With the advent of the recent California drought, some residents have been inquiring whether they can remove or adjust these grass parkways and replace them with drought

2 06/02/15 Page 2 Item #: 10 tolerant materials or hardscape to reduce watering requirements, or are considering allowing the existing grass to simply die with lack of water. The current City Ordinance, attached as Supporting Document B, is silent on replacement of parkway grass with other materials, hence this recommendation for subject amendment to help manage these assets for both aesthetic and functional use. DISCUSSION: Parkways and other landscaped areas provide many residential neighborhood benefits including reduced heating affect, air cleansing, aesthetic appearance and property value enhancement, neighborhood continuity, and water quality benefits of percolation, reduced urban runoff from hardscape, etc. In cities where parkway hardscapes have been allowed, the somewhat sterile appearance and variability have led to a reduction in property values. Staff is recommending the City of Dana Point avoid this degradation by searching for alternative, attractive ways to reduce water consumption in parkways. Parkway grass and tree water use is typically a fairly small component of a typical residential water bill, but reduction in potable water use can certainly be helpful in arid Southern California. One way to reduce potable water consumption would be to irrigate parkways with reclaimed water. While South Coast Water District (SCWD) is providing reclaimed water to many sections of town, the costs to provide new water mains is expensive and makes economic sense only when reaching large landscaped areas such as major parks and large HOA landscape irrigation systems, typically located on larger arterial streets. The infrastructure to run lines on every residential street for individual homes is overly expensive for owners, and of more significance is that the District does not have sufficient reclaimed water supply to provide all these consumers. Therefore, Staff is recommending the City Council continue to require landscaped parkways, but allow residents several options to reduce water consumption. Current drought regulations for SCWD customers (our primary provider) is somewhat problematic in that the District is urging residents to irrigate only one day per week for 10 minutes, which if followed, will likely cause parkway grass, and perhaps the many parkway trees also, to die during a prolonged summer period with no rain. Fortunately, hand watering is still an option under District regulations to keep these areas from dying. While the State mandate to SCWD to reduce overall potable water usage by 24 percent or be fined $10,000/day is clear, other water districts are approaching water reduction in various different ways with rate hikes, water usage allotments, two day per water week allowances, etc. The concern is that parkways with dead grass and trees will become problematic for all if reasonable alternatives are not utilized. While the City is working aggressively to reduce water usage in public parks (down 27% April 2014 vs. April 2015 for Dana Point) and in other major public areas by increasing reclaimed water irrigation, the positive effects of many of these programs in large water

3 06/02/15 Page 3 Item #: 10 consuming areas will not be realized until next summer. Meanwhile, this summer remains a challenge to many individual residential water users. That said, Staff is recommending, given the overall value of landscaped parkways to residential communities, that the City Council continue to require residential customers to maintain their landscaped parkways, which includes sufficient watering to avoid complete loss of these areas, or adjust landscape palettes. While the first choice of most residents will likely be to hand water some areas as needed, other available options also include drought tolerant grass, artificial turf and drought tolerant landscaping. Staff s first recommendation would be to allow parkway grass replacement by homeowners with drought tolerant grass and/or replace the sprinkler irrigation system with subsurface irrigation. This helps reduce water consumption in two ways: first, by using grasses that require 50% less water; and, second by using subsurface irrigation which eliminates excess sprinkler runoff and any water spray evaporation. This is equivalent to some, but certainly not all, drought tolerant landscape palette water use requirements. The City s landscape architect consultant recommends native Bentgrass or other native grasses. The advantages of this alternative are that it maintains uniformity and attractive grass parkways and trees, and provides a functioning walkable surface for the public to reach the sidewalk from their cars. A second alternative would be to allow for installation of artificial turf. The quality of artificial turf products has improved dramatically over the past few years. This would, more significantly, reduce water usage to only tree watering and provides a walkable green surface. It does not include some of the healthy benefits of live landscaping noted earlier. The proposed Ordinance amendment would require City review of proposed turf to ensure it is a high quality, natural appearing turf versus something like ball field Astroturf. A third alternative would be to allow for a combination of predominantly low-lying drought tolerant plants with intermittent connected walkway space. Overly tall landscaping can look odd when mixed with neighboring turf walkways or can prohibit use of curb parking if allowed immediately adjacent to the curb. Fully landscaped parkways do not allow for pedestrian access from parked cars or the landscaping gets trampled. However, addition of narrow linear or intermittent connected walkways using hardscape, decomposed granite or stepping stones can prove functional and attractive while reducing watering requirements. Large rock/gravel is not a good walking surface and rocks can be thrown or strewn about. An Encroachment Permit would be required for this work, and is intended to be a no cost submission at this time, with a hand drawn sketch to generally delineate where and how adequate access is provided through the landscaped area. There are various rebates from the water districts that help defray the costs of these alternatives for residents.

4 06/02/15 Page 4 Item #: 10 The intent of this Amendment is to provide for attractive and functional parkways that are drought tolerant, aesthetically pleasing, allow safe pedestrian access across walkways and street parking access. The existing Ordinance with the proposed tracked changes amending the Ordinance for parkway management, as discussed above, has been included in Supporting Document B. NOTIFICATION/FOLLOW-UP: None. FISCAL IMPACT: None. ALTERNATIVE ACTIONS: Other City Council directed actions. ACTION DOCUMENTS: PAGE NO: A. Amended/New Ordinance... 5 SUPPORTING DOCUMENTS: B. Original Ordinance Section C. Ordinance with tracked changes... 9

5 06/02/15 Page 5 Item #: 10 ACTION DOCUMENT A: Amended/New Ordinance ORDINANCE NO. 15-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING SECTION LANDSCAPE REQUIREMENTS WITHIN THE PARKWAY AREA WHEREAS, Chapter of the Dana Point Municipal Code entitled Streets and Sidewalks Code provides for the landscape maintenance within the Parkway area; and WHEREAS, with the advent of the recent California drought some residents have requested to remove or adjust these grass parkways and replace them with drought tolerant materials or hardscape; and WHEREAS, Parkways and other landscaped areas provide many residential neighborhood benefits including reduced heating affect, air cleansing, aesthetic appearance an property value enhancement, neighborhood continuity, water quality benefits of percolation, reduced urban runoff from hardscape, etc.; and WHEREAS, the City of Dana Point would like to avoid the degradation of property values by offering alternative ways to reduce water consumption in Parkways; and WHEREAS, the City would continue to require landscaped Parkways, but allow residents several options to reduce water consumption; and WHEREAS, the intent of this Amendment is to provide for attractive and functional parkways that are drought tolerant, aesthetically pleasing, allow safe pedestrian access across walkways and street parking access; and NOW, THEREFORE, LET IT BE RESOLVED, that the City Council of the City of Dana Point does hereby resolve, order, and determine as follows: SECTION 1: Each of the above recitals is true and correct and is adopted by the City Council. SECTION 2: Section is hereby amended to read in its entirety as follows: Landscape Requirements Within the Parkway Area. (a) Grass and Shrubs. City Parkways that are in the public right-of-way have been planted with grass for overall neighborhood aesthetic appearance and for functional walkability between street parked vehicles and sidewalks. It shall be the responsibility of the owner of, or other person in charge of or in control of, the property abutting the parkway to maintain, by watering, fertilizing and mowing, grass growing within the parkway strip. Existing parkway grass may be replaced by the resident with drought tolerant grasses. All parkway landscape replacement must be irrigated by hand or with a

6 06/02/15 Page 6 Item #: 10 subsurface irrigation system for grass or drip/microsystem for plants in accordance with State Law. For new installations, complete hardscape and rock/large gravel Parkways are not allowed. A mixture of a predominantly drought tolerant plant area with intermittent connected walkways, for access or artificial turf may be allowed with an Encroachment Permit from the Public Works Department. If an alternative plant and hardscape walkway landscape has been approved by the City, plants shall be maintained and trimmed to a height not exceeding thirty-six (36) inches, within the parkway strip. (b) Trees. Trees growing within the parkway shall be preserved for the aesthetic enhancement provided to all members of the public. Any person desiring to trim, prune, or remove a parkway tree shall first file an application with the Director so to do. The application shall state the name and address of the applicant, the location and type of tree to be trimmed, prune or removed, and shall give reasons why the requested action is needed. The Director may, after reviewing the application and the supporting data grant approval, if he finds that the proposed work will not be detrimental to the health and vigor of the tree, or that the proposed removal of deadwood will eliminate a hazard to the public at large and avoid damage to the tree if winds were to remove the deadwood, if the tree is dying or if the tree is within the vicinity of a public utility facility and will become a hazard to the public at large and the adjoining property owners if not removed. Director shall consider the regulations of the Public Utility Commission in granting approval of the application. Nothing in this Section shall preclude City personnel, the adjoining property owner, or a public utility from removing broken branches or downed trees caused by high winds or other natural forces without obtaining a permit. (c) Violations. Any person found trimming, pruning, or removing a tree without receiving a permit from the Director, is guilty of a misdemeanor when convicted in a court of competent jurisdiction. (Added by Ord , 6/23/98) PASSED, APPROVED and ADOPTED this day of June, CARLOS N. OLVERA, Mayor ATTEST: KATHY M. WARD, City Clerk

7 06/02/15 Page 7 Item #: 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF DANA POINT ) I, KATHY M. WARD, City Clerk, of the City of Dana Point, California DO HEREBY CERTIFY that the foregoing Ordinance No. 15-XX was duly introduced at a regular meeting of the City Council on the 2 nd day of June, 2015, and was duly adopted and passed at a regular meeting of the City Council on the day of, 2015, by the following vote, to wit: AYES: NOES: ABSENT: (SEAL) KATHY WARD, CITY CLERK

8 06/02/15 Page 8 Item #: 10 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING CITY OF DANA POINT ) AND PUBLISHING KATHY WARD, being first duly sworn, deposes, and says: Point; That she is the duly appointed and qualified City Clerk of the City of Dana That in compliance with State Laws of the State of California, ORDINANCE NO. 15-XX, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DANA POINT, CALIFORNIA, AMENDING SECTION LANDSCAPE REQUIREMENTS WITHIN THE PARKWAY AREA. was published in summary in the Dana Point News on the day of, 2015, and the day of, 2015, and, in further compliance with City Resolution No , on the day of, 2015, and the day of, 2015, was caused to be posted in four (4) public places in the City of Dana Point, to wit: Dana Point City Hall Capistrano Beach Post Office Dana Point Post Office Dana Point Library KATHY M. WARD, CITY CLERK Dana Point, California

9 06/02/15 Page 9 Item #: 10 SUPPORTING DOCUMENT B: Original Ordinance Landscape Maintenance Within the Parkway Area. (a) Grass and Shrubs. It shall be the responsibility of the owner of, or other person in charge of or in control of, the property abutting the parkway to maintain, by mowing, grass growing within the parkway strip and, by trimming to a height not exceeding thirty (30) inches, shrubs growing within the parkway strip. (b) Trees. Trees growing within the parkway shall be preserved for the aesthetic enhancement provided to all members of the public. Any person desiring to trim, prune, or remove a parkway tree shall first file an application with the Director so to do. The application shall state the name and address of the applicant, the location and type of tree to be trimmed, prune or removed, and shall give reasons why the requested action is needed. The Director may, after reviewing the application and the supporting data grant approval, if he finds that the proposed work will not be detrimental to the health and vigor of the tree, or that the proposed removal of deadwood will eliminate a hazard to the public at large and avoid damage to the tree if winds were to remove the deadwood, if the tree is dying or if the tree is within the vicinity of a public utility facility and will become a hazard to the public at large and the adjoining property owners if not removed. Director shall consider the regulations of the Public Utility Commission in granting approval of the application. Nothing in this Section shall preclude City personnel, the adjoining property owner, or a public utility from removing broken branches or downed trees caused by high winds or other natural forces without obtaining a permit. (c) Violations. Any person found trimming, pruning, or removing a tree without receiving a permit from the Director, is guilty of a misdemeanor when convicted in a court of competent jurisdiction. (Added by Ord , 6/23/98)

10 06/02/15 Page 10 Item #: 10 SUPPORTING DOCUMENT C: Ordinance with tracked changes