ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, FINDING THAT CODE AMENDMENT DCA IS EXEMPT FROM ENVIRONMENTAL REVIEW AND AMENDING THE MENIFEE MUNICIPAL CODE BY THE ADOPTION OF A NEW CHAPTER 9.86 PARK DESIGN, LANDSCAPING AND TREE PRESERVATION WHEREAS, on October 1, 2008, the City of Menifee incorporated, becoming the local government authority for the City s corporate boundaries; and WHEREAS, on December 18, 2013, following the certification of an Environmental Impact Report (State Clearinghouse # ), the City Council of the City of Menifee adopted a comprehensive General Plan for the City, including Goals and Policies for the safe and responsible growth and development of the community; and WHEREAS, on February 14, 2015, a Municipal Code Amendment by way of DCA was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public hearing before the City of Menifee Planning Commission scheduled for February 25, 2015; and WHEREAS, on February 25, 2015, the Planning Commission held a duly noticed public hearing on the recommended Notice of Exemption and proposed Code Amendment by way of DCA , considered all public testimony as well as all materials in the staff report and accompanying documents to establish a new Chapter 9.86 within the City of Menifee Municipal Code pertaining to the standards and criteria applicable to park design and landscape, irrigation and tree preservation within the City of Menifee, and following a discussion continued the open public hearing to March 11, 2015; and WHEREAS, at both the February 25, 2015, and March 11, 2015 Planning Commission public hearings, based upon the materials in the staff reports and accompanying documents, the Commission considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section et. seq.) with regard to the possible impacts the proposed Code Amendment may have upon the environment; and WHEREAS, at the March 11, 2015 Planning Commission public hearing, based upon the materials in the staff report and accompanying documents, the Planning Commission considered the Goals and Policies of the City s adopted General Plan and how the Code Amendment by way of DCA conforms to those Goals and Policies; and WHEREAS, at the March 11, 2015, public hearing the Planning Commission considered all public testimony as well as all materials in the staff report and accompanying documents, and following a discussion unanimously approved, by all members present, the adoption of Commission Resolution No. PC forwarding a recommendation that the City Council find Code Amendment Exempt from

2 further environmental review and approve Ordinance No establishing a new Chapter 9.86 within the City of Menifee Municipal Code pertaining to the standards and criteria applicable to park design and landscape, irrigation and tree preservation within the City of Menifee; and WHEREAS, on February 26, 2015, the City s Parks, Recreation and Trails Commission held a duly noticed public hearing on the recommended Notice of Exemption and proposed Code Amendment by way of DCA , considered all public testimony as well as all materials in the staff report and accompanying documents to establish a new Chapter 9.86 within the City of Menifee Municipal Code pertaining to the standards and criteria applicable to park design and landscape, irrigation and tree preservation within the City of Menifee, and following a discussion, unanimously approved a motion to forward a recommendation to approve the proposed Code Amendment; and WHEREAS, on March 20, 2015, a Municipal Code Amendment by way of DCA was publicly noticed within The Press Enterprise, a newspaper of general circulation, for a public hearing before the City of Menifee City Council scheduled for April 1, 2015; and WHEREAS, on April 1, 2015, the City of Menifee City Council held a duly noticed public hearing on the recommended Notice of Exemption and proposed Code Amendment by way of DCA , considered all public testimony as well as all materials in the staff report and accompanying documents to establish a new Chapter 9.86 within the City of Menifee Municipal Code pertaining to the standards and criteria applicable to park design and landscape, irrigation and tree preservation within the City of Menifee; and WHEREAS, at the April 1, 2015 City of Menifee City Council public hearing, based upon the materials in the staff reports and accompanying documents, the Council considered the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section et. seq.) with regard to the possible impacts the Amendment may have upon the environment; and WHEREAS, at the April 1, 2015 City Council public hearing, based upon the materials in the staff report and accompanying documents, the Council considered the Goals and Policies of the City s adopted General Plan, as recommended by the Planning Commission and as stated below, finding the proposed Ordinance consistent with, conforming to and fulfills the Goals and Policies of the adopted General Plan in that the Ordinance would clearly require high quality landscape design, installation and maintenance throughout the City. Directly relating to these requirements are the expectation of high quality park designs. Repeated references, more than any other topic within the General Plan s Goals and Policies, address park and landscaping, both on public and private property, focusing upon community aesthetics, visual consistency, benefits to the community from quality landscaping, trees and preservation of natural vegetation, and the adverse impacts that come from not requiring and maintaining such physical features. The standards and criteria established with the proposed Code Amendment shall require the high quality park design, as well as high quality landscaping, consistent maintenance, and coordination between public and private property 2

3 developments that are identified within and expected of the Goals and Policies of the City s adopted General Plan. Applicable Goals and Policies include: Land Use Element Goal LU-1: Land uses and building types that result in a community where residents at all stages of life, employers, workers, and visitors have a diversity of options of where they can live, work, shop, and recreate within Menifee. Policy LU-1.4 Preserve, protect, and enhance established rural, estate, and residential neighborhoods by providing sensitive and well-designed transitions (building design, landscaping, etc.) between these neighborhoods and adjoining areas. Policy LU-1.9 Allow for flexible development standards provided that the potential benefits and merit of projects can be balanced with potential impacts. Housing Element GOAL HE-1: A diverse housing stock that offers a full range of housing opportunities for Menifee residents and supports the local economy. Policy HE-1.2 Housing Design. Require excellence in housing design with materials and colors, building treatments, landscaping, open space, parking, and environmentally sensitive design practices. Policy HE-1.7 Community Character. Protect the character of the community by preserving the unique rivers, landscape, natural features, and community features that distinguish Menifee from other cities in the region. Goal HE-2: Sustainable neighborhoods well served by ample parks, infrastructure, community amenities, and public services and facilities. Policy HE-2.4 Parks and Recreation. Enhance neighborhood livability and sustainability by providing parks and open space, planting trees, greening parkways, and maintaining a continuous pattern of paths that encourage an active, healthy lifestyle. Circulation Element GOAL C-1: A roadway network that meets the circulation needs of all residents, employees, and visitors to the City of Menifee. Policy C-1.1 Require roadways to: Be compatible with the streetscape and surrounding land uses. GOAL C-2 A bikeway and community pedestrian network that facilitates and encourages non-motorized travel throughout the City of Menifee. 3

4 Policy C-2. Require on-and off-street pathways to: Be compatible with the streetscape and surrounding land uses. GOAL C-6: Scenic highway corridors that are preserved and protected from change which would diminish the aesthetic value of lands adjacent to the designated routes. Policy C-6.6 Ensure that the design and appearance of new landscaping, structures, equipment, signs, or grading within eligible county scenic highway corridors are compatible with the surrounding scenic setting or environment. Open Space and Conservation Element GOAL OCS 1: A comprehensive system of high quality parks and recreation programs that meets the diverse needs of the community. Policy OCS-1.8 Ensure that parks and recreational facilities are well-maintained by the responsible agency. GOAL OSC-7: A reliable and safe water supply that effectively meets current and future user demands. Policy OSC 7.4 Encourage the use of reclaimed water for the irrigation of parks, golf courses, public landscaped areas, and other feasible applications as service becomes available from the Eastern Municipal Water District. Community Design Element GOAL CD-1: A unified and attractive community identity that compliments the character of the City s distinctive communities. Policy CD-1.4 Provide special landscaping and decorative monument signage in order to highlight arrival and departure from the City. GOAL CD-2: Preserve and enhance the character of the City s rural areas. Policy CD-2.1 Require open space and recreation buffers, increased setbacks/step backs, landscape screening, sensitive site planning, and/or other buffer techniques, to the extent possible, between rural/equestrian-oriented land uses and dissimilar uses. Goal CD-3: Projects, developments, and public spaces that visually enhance the character of the community and are appropriately buffered from dissimilar land uses so that differences in type and intensity do not conflict. Policy CD-3.2 Maintain and incorporate the City s natural amenities, including its hillsides, indigenous vegetation, and rock outcroppings, within proposed projects. Policy CD-3.15 Require property owners to maintain structures and landscaping to high standards of design, health, and safety. 4

5 Policy CD-3.17 Encourage the use of creative landscape design to create visual interest and reduce conflicts between different land uses. Policy CD-3.19 Design walls and fences that are well integrated in style with adjacent structures and terrain and utilize landscaping and vegetation materials to soften their appearance. Policy CD-3.22 Incorporate visual buffers, including landscaping, equipment and storage area screening, and roof treatments, on properties abutting either Interstate 215 or residentially designated property. GOAL CD-4: Recognize, preserve, and enhance the aesthetic value of the City s enhanced landscape corridors and scenic corridors. Policy CD-4.1 Create unifying streetscape elements for enhanced landscape streets, including coordinated streetlights, landscaping, public signage, street furniture, and hardscape. Policy CD-4.4 Frame views along streets through the use of wide parkways and median landscaping. Policy CD-4.7 Design new landscaping, structures, equipment, signs, or grading within scenic corridors for compatibility with the surrounding scenic setting or environment. GOAL CD-6: Attractive landscaping, lighting, and signage that conveys a positive image of the community. Policy CD-6.1 Recognize the importance of street trees in the aesthetic appeal of residential neighborhoods and require the planning of street trees throughout the City. Policy CD-6.2 Ensure that all public landscaping is adequately maintained. Policy CD-6.3 Require property owners to maintain the existing landscape on developed nonresidential sites and replace unhealthy or dead landscaping. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS: Section 1. That the City Council find, for the reasons detailed upon that Notice of Exemption, that the proposed Code Amendment by way of DCA No is exempt from further environmental review and authorize staff to sign and forward the Notice of Exemption. Section 2. That the City Council of the City of Menifee find that the proposed Code Amendment by way of DCA is consistent with the Goals and Policies of the City s adopted General Plan as enumerated above. 5

6 Section 3. That the City Council of the City of Menifee find that the proposed Code Amendment by way of DCA is consistent with the requirements of the City of Menifee Municipal Code regarding the process of amending the Municipal Code. Section 4. That the City Council adopt a new Chapter 9.86 Park Design, Landscaping and Tree Preservation of the Menifee Municipal Code to read as follows: Chapter 9.86 Sections: Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Purpose Discussion Applicability Landscape and Irrigation Plans Landscape Requirements Special Landscaping Requirements Additional Requirements for Residential Areas Removal and Replacement of Required Landscaping Maintenance Requirements and Violations Park Development Design Plans Tree Preservation Regulations Tree Replacement Protection of Existing trees Tree Maintenance Water Efficient Landscaping Violations Appeals Section Purpose This Chapter establishes minimum landscape requirements designed to improve the appearance of the City, its various communities and zoning districts. These requirements include provisions to reduce heat, improve health and livability, protect existing natural ecosystems where appropriate and create new ecosystems with City approval of new projects/developments, promote efficient use of water, minimize soil erosion, preserve and protect trees, diminish wildland fire danger and ensure that landscape installations do not create hazards for motorists or pedestrians. The context of these landscape standards provides a framework for developments to successfully achieve these goals. These standards are intended to inform developers, landscape architects, architects, planners, irrigation designers, project applicants, contractors, and the general public regarding requirements and procedures for the installation and maintenance of landscaping within the City of Menifee. The further purpose of this Chapter is to protect trees, considered to be a community resource, from indiscriminate cutting or removal, to ensure and enhance public health, safety, and welfare through proper care, maintenance and preservation of trees, considered a community resource. Such landscaping, irrigation systems and tree 6

7 preservation represent a substantial investment in and potential benefit to the community. In addition to the installation of well designed, high quality landscaping, irrigation systems, and the maintenance thereof, the City has adopted landscape standards to include landscape documentation, submission requirements, review procedures and inspection protocols that when followed will allow a consistent, efficient and cost effective mechanism to assure that both public and private landscaped areas are of the quality expected within the City of Menifee. In order for the City to promote the quality mandated of sustainable public and private landscapes that enhances community character, the City has adopted standards and criteria for the development of both public and private parks, recreation areas and open space areas. Consistency between landscaped areas, public and private, as well as high quality standards for park development will assure that such facilities shall be beneficial to all members of the Menifee community. Section Discussion The City encourages and promotes sustainable landscapes which enhance community character by improving the aesthetic quality of life for its residents and presenting a naturalistic environment as the cityscape transitions from its rural theme to its urban theme. Landscaping, including the preservation and maintenance of trees, creation of parkways, parks, trails, et cetera represent a substantial investment in, and a potential benefit to, the City. Enhancements to the built environment, the primary focus of this Chapter, by necessity, includes requirements for the care, maintenance, and preservation of landscape features, such as natural rock outcroppings, floral arrangements, as well as open space. The requirements herein also include measures to ensure public safety, protection from wildfires, uncontrolled runoff, and from the creation of breeding grounds for undesirable rodents and insect vectors. Prominently featured in this Chapter is the protection of trees. The City considers trees to be a valuable community resource. Heritage trees such as those with certain characteristics (age, size, species, location, historical influence, aesthetic quality or ecological value) receive special attention and preservation efforts. The City has developed landscape standards to provide a framework for developments to successfully achieve the City s landscape goals. The standards include landscape documentation, submission requirements, review procedures and inspection protocols that when followed, will allow a consistent, efficient and cost effective mechanism to assure that both public and private landscaped areas are of the quality expected within the City of Menifee. To this end, the City: 1. Conducts compliance reviews for improvements in private developments and public rights of way. Plans subject to review include planting plans, irrigation plans, concrete sidewalks, multi-purpose trails, fencing, thematic signage, median paving, 7

8 and play areas. 2. Provides a project application and approval process that allows an applicant the opportunity to interact with City staff, receiving guidance, recommendations, advice, and feedback to assure project success. 3. Provides lines of approval authority to ensure fairness and consistency in plan review and project development so that the final landscape product presents a smooth transition from private to public and rural to urban locations with an overall pleasing presentation of the City s green image. Section Applicability To ensure landscaping consistency throughout the City, the provisions of this Chapter shall apply to public and private developments, including rural area development (other than agricultural activity), and remodeling or restoration projects where land disturbance or additional square footage meets or exceeds ten (10) percent of the project area. The regulations contained in this Chapter shall apply to new and existing (when modified) development as follows and shall be in addition to any other development standards and regulations contained elsewhere within the Zoning Code (e.g., lighting, parking standards, fences/hedges/walls, driveways, etc.). A. New Projects. New commercial, industrial, mixed-use, multi-family residential, and single-family residential subdivisions shall be reviewed by the designated approving authority to ensure landscaping is provided in compliance with the requirements of this Chapter. B. Existing Single Family Residential Development. Existing single-family residential homes shall be subject to the maintenance and preservation requirements established herein. Where an existing single-family residential project requests an entitlement that increases the building square footage or footprint by one hundred (100) percent or more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this Chapter as deemed necessary and appropriate. C. Existing Development. Where an existing nonresidential, mixed-use, and/or multi- family residential project applies for an entitlement that increases the building square footage by ten (10) percent or more, the designated approving authority shall evaluate the existing landscape to ensure compliance with applicable requirements of this Chapter as deemed necessary and appropriate. D. Park Development. Where a park, existing or required as a condition of approval or a requirement of the Development Code, is proposed to be developed, or amended/modified by at least ten (10) percent of its total land area, such development shall comply with the standards and criteria of this Chapter. 8

9 E. Exceptions: The provisions of this Chapter do not govern the following: 1. The removal or pruning of any tree which poses an imminent threat to public property or public health, safety and welfare, as determined by a qualified member of a law enforcement agency, the CalFire Fire Department, the Community Services Department, the Public Works Department or a utility company. 2. The removal of any tree on City-owned property as directed by a qualified county, state, or federal agency or insurance provider. 3. The removal of a diseased or dead tree on City-owned property as determined by the Public Works and/or Community Services Department. Section Landscape and Irrigation Plans When this Chapter is applicable to new parks, projects or existing development, as identified in Section Applicability, preliminary and final landscape plans shall be submitted in accordance with the requirements of this Chapter and review of such plans shall be conducted as part of the approval process. A. Preliminary Landscape and Irrigation Plan. A preliminary landscape and irrigation plan shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show a water budget that includes the estimate water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute as well as conceptual locations for trees, shrubs, ground cover, etc. A corresponding list of planting material by species (using common and scientific name), quantity, and size shall be included. B. Final Landscape and Irrigation Plan. After a preliminary landscape and irrigation plan has been approved by the designated approving authority, a final landscape and irrigation plan shall be submitted to the Community Development Department in conjunction with site improvement plans. The final landscape planting and irrigation plans shall be prepared by a registered licensed landscape architect and shall be in substantial compliance with the preliminary landscape and irrigation plan approved by the designated approving authority. Final plans shall show the location of and irrigation for trees, shrubs, and ground cover. The final landscape plan shall include, at a minimum, plant name (providing both common and scientific name), plant quantity, plant size, location of permeable surfaces, utilities and lighting, irrigation system, and plans for tree retention and removal where applicable. When, due to unforeseen circumstances, the installation of the plants, irrigation system, and/or other items shown upon the Final Landscaping Plan are not installed as illustrated, prior to Final Inspection an As Built plan shall be submitted to document the actual location of installation. The Final Landscape Plan should also include a water budget that identifies the estimate water use (in gallons), the irrigated area (in square feet), precipitation rate, and flow rate in gallons per minute. 9

10 C. Concept Park Plans. Preliminary park plans, inclusive of landscaping and irrigation plans, shall be submitted to the designated approving authority as part of the discretionary review process. This plan must show the basic design of the proposed park, whether public or private, parking areas, active and passive activities, areas left natural, drainage and dual use areas, as well as other information as required by the Community Services Department. Section Landscape Requirements Landscaping and irrigation plans, for public and private property, public rights-of-way and public or private parks shall be submitted, reviewed and approved as detailed within the Landscape Standard Guidelines adopted by Planning Commission Resolution, as may be amended from time to time. In addition, projects are required to comply with provisions within Chapter 9.88 Landscaping and Water Efficiency of this Article and Ordinance No The utilization of decorative materials such as mulch, decomposed granite, bark, and drought-tolerant plants as well as non-living inert material (rock, cobbles, decorative stone, etc.) may be used within any landscape area required by this Chapter upon approval by the Planning Commission. Landscape water conservation methodology (or Xeriscape) may be used to cover up to fifty (50) percent of the area between the leading edge of a single-family residence and a public right-of-way without review/approval of the Planning Commission. All landscaped areas shall be irrigated and maintained in a clean, weed free and disease free manner at all times. Property owners/tenants shall regularly inspect their property to ensure that all plants are live and healthy, that irrigation systems, control devices, and timers are functioning properly, dead or dying plants are removed and replaced, and that all areas using mulch, decorative rock, or other features are in good condition and are consistent with the plans originally approved, installed and inspected by the City. Section Special Landscape Requirements In addition to the general requirements as detailed with Section Landscape Requirements the requirements listed below apply to special types of landscaping. However, in any wildland-urban interface fire area, the CalFire Fire Department requirements shall prevail. A. Residential Landscape. See Section Additional Requirements for Residential Areas. B. Substantial Landscaping. All required landscaped areas and planters shall be landscaped with a mix of trees, shrubs, perennials, ornamental grasses, vines, and ground cover to create a dense and layered design. A substantial quantity of plants shall be planted to create a natural setting. Drought tolerant plants shall be used within all landscaped areas to augment the aesthetic and decorative nature of the planted area. Drought tolerant plants shall augment, but not completely substitute for, other flora arrangements unless specifically approved by the Planning Commission. All landscaped areas, including those with drought tolerant plants, shall be maintained in a clean, weed-free and 10

11 disease free manner as specified within this Chapter. C. Project Entry Landscaping. Entries to multi-tenant projects (both residential and nonresidential) shall be designed as a special statement reflective of the character and scale of the project to establish identity for tenants, visitors and patrons. Irrigated, flowering accent plantings, decorative drought tolerant annuals (to be replaced as needed for maintenance) and specimen trees shall be used to reinforce the entry statement. D. Trees Adjacent to Building Walls. With the exception of single-family housing developments, trees shall be planted in areas of public view adjacent to structures at a rate of one tree per thirty (30) linear feet of building dimensions, particularly to interrupt expansive horizontal and vertical surfaces. Tree clusters may be used to satisfy specific design objectives. E. Screening of Drive-Through Aisles. To shield vehicles and associated headlights in a drive-through lane from view of abutting street rights-of-way, a minimum five (5) foot wide planter shall include a minimum three (3) foot tall (maximum four {4} foot tall) landscape barrier planted with trees and other landscaping consistent with those in the parking area. Trimming and pruning the landscape barrier will be performed in a manner that maintains the shielding of vehicle headlights in the drive-through lane from adjacent street rights-of-way. The landscape barrier site design shall not preclude or impede safe and secure ingress and egress from the facility while providing screening from the public right-of-way. F. Screening of Outdoor Equipment. Screening is required according to Chapter 9.46 Fences, Hedges and Walls. G. Wireless Communication Facilities. Where feasible, facilities, wireless communication facilities shall be installed to blend in with existing landscaping on the site, including trees, vines, and shrubs, and landscaping utilized for screening. Additional landscaping may be planted around the tower and related equipment to buffer adjacent residential zoning districts or uses and to buffer public trails. Specifically, landscaping around the perimeter of a wireless communication facility (leased area) shall include dense tree and shrub plantings with the necessary irrigation. Trees shall be a fast-growing evergreen species, with a minimum size of twenty-four (24) inch box. Shrubs shall be a minimum fifteen (15) gallon size covering a minimum planter area depth of five (5) feet around the facility. Trees and shrubs shall be planted no farther apart on center than the mature diameter of the proposed species. H. On-Site Pedestrian Pathways. Pedestrian pathway landscaping shall include shade trees placed so as to cover sixty percent (60%) of the total pathway area with tree canopies within fifteen (15) years of securing the building permit. I. Creeks. To the extent that landscaping or planting is required or provided along creeks, such landscaping shall be plants indigenous to Western 11

12 Riverside County. J. Public Spaces. Walkable space landscaping shall include a combination of shade trees and pedestrian shading devices (e.g., canopies, awnings, and umbrellas) placed so as to cover sixty (60) percent of the total space with a shade canopy within fifteen (15) years of securing the building permit. K. Signs. Landscaping shall be provided at the base of the supporting structure of freestanding signs equal to the area of one face of the sign. For example, fifty (50) square feet of sign area requires fifty (50) square feet of landscaped area. The Planning Commission may reduce this ratio during formal project review if found necessary and/or appropriate for the overall design of the proposed project. Such landscaping shall be appropriately irrigated and shall include flora arrangements that include drought tolerant annuals and perennials, which are designed to facilitate maintenance as well as enhanced aesthetic quality. L. Buffering Between Uses. A landscape buffer shall be provided between residential and nonresidential uses and between single-family uses and multifamily uses with three (3) or more units. Buffer areas shall include a minimum ten (10) foot wide planter strip with shrubs and both deciduous and evergreen trees planted a maximum of thirty (30) feet on center. M. Interior Property Boundaries. When a landscaped area is provided, trees shall be planted at a rate of one tree per thirty (30) linear feet of interior property line within a planter area that is a minimum of six (6) feet wide. Tree clusters may be used to satisfy specific design objectives. N. Sound Walls/Masonry Walls. Where setback and open space areas are screened from public view by walls or similar approved structures, landscaping shall be provided so that fifty (50) percent of the wall will be covered by landscape material within three (3) years. O. Parking Lot Landscape. Parking lot landscape includes perimeter planters, planters abutting parking lots and drive aisles, tree planting for parking lot shade, and a combination of continuous planting strips, planting fingers, and parking islands throughout the parking lot. All landscaped areas, including those with drought tolerant plants (including Xeriscape areas), shall be irrigated. Parking lot landscape requirements applicable to all parking lots commercial, industrial, mixed-use, and multi-family parking lots with five (5) or more spaces are listed below: 1. All landscaped areas, whether populated with drought tolerant plants, other species or decorative materials such as mulch, decomposed granite, bark, or other non-living inert materials (rock, cobble, decorative stone, etc.), shall be maintained in a clean, weed free and disease free manner as specified within this Chapter and as reviewed, approved and installed (per City inspection) at all times. 12

13 2. Trees are required to be planted at a rate of one (1) tree for every four (4) parking stalls. At maturity, trees should reach a minimum height and spread of forty (40) feet so as to form a shade canopy over parking stalls. Smaller ornamental trees may not be used to satisfy this requirement. The minimum width for planters containing a parking lot tree is six (6) feet. Tree selections shall be approved by the Community Development Department. 3. A minimum of ten (10) percent of the total off-street parking area shall be landscaped with trees, shrubs, and appropriate ground cover. The parking area shall be computed by adding the areas used for access drive aisles, stalls, maneuvering, and landscaping within that portion of the premises devoted to vehicular parking and circulation. 4. Unenclosed parking facilities shall provide a perimeter landscaped strip at least five (5) feet wide (inside dimension) where the facility adjoins a side or rear property line. The perimeter landscaped strip may include a landscaped yard or landscaped area otherwise required and shall be continuous, except for required access to the site or parking facility. 5. Screening. All surface parking areas shall be screened from streets and adjoining properties, and the open space areas between the property line and public street right-of-way shall be landscaped with berms, swales, trees, shrubs, and ground cover (or a combination thereof). Screening between residential and nonresidential uses shall not be less than five (5) feet in height. Parking lot landscaping shall be located so that pedestrians are not required to cross unpaved areas to reach building entrances from parked cars (see Figure Parking Lot Landscaping ). 6. Existing Trees. Mature trees on the site in good health shall be preserved whenever possible. Credit for the preservation of existing trees shall be as provided in Section C. Credit for Tree Preservation of this Chapter. 7. Planter Design. All parking lot planters shall be designed to meet the following minimum requirements (see Figure Parking Lot Landscaping ): a. Planters shall be separated from maneuvering and parking areas by a six (6) inch, raised concrete curb or equivalent. b. Tree planting wells located at the front of parking stalls shall contain a minimum of twenty-five (25) square feet and the smallest inside dimension shall not be less than five (5) feet. c. Landscape planters along the sides of parking stalls shall contain a minimum of ninety (90) square feet and the smallest outside dimension shall not be less than seven (7) feet to allow 13

14 for a twelve (12) inch concrete step-out walk in planter adjacent to parking stalls (providing a four {4} foot minimum planting width). FIGURE PARKING LOT LANDSCAPING Section Additional Requirements for Residential Areas A. Front Yard Landscaping. Where required in Table Trees Required in Residential Zones for new development, front yard landscaping shall include, at a minimum, one fifteen (15) gallon size tree, one five (5) gallon size tree, ground cover, and a permanent irrigation system to be installed by the developer prior to occupancy. This requirement shall be in addition to required street trees. B. Front Yard Landscaping Requirements. All homes must maintain a minimum ratio of fifty (50) percent landscape (or Xeriscape) to fifty (50) percent hardscape ratio within that area identified as the required front setback area. Up to twenty-five (25) percent of the landscape area can be used for decorative hardscape (e.g., bark mulch, decorative rocks, rock outcroppings, etc.). C. Trees Required. Table Trees Required in Residential Zones, sets forth minimum standards for the number and size of trees, both on- and off-site, for new residential development. In addition to the size and number of trees required, the following shall also be required: 1. Tree Location. No trees shall be planted under any eave, balcony, or overhang. 2. Root Barriers Required. Trees in landscape planters with six (6) feet or less of hardscape (curb, walks, walls, etc.) shall be provided with tree root barriers. 3. Tree Staking. All trees, whose stability requires support, shall be staked in 14

15 accordance with the City s landscape standards. 4. Visibility. All trees whether singularly placed or placed in clusters shall not inhibit standard visibility parameters. 5. Required Site Trees. One tree shall be provided for every 750 square feet of site area that is not a required setback, occupied by buildings, or used for parking or pedestrian walkways. Trees shall conform to the matrix of plant materials established by the Community Development Department. Minimum tree size at planting shall be fifteen (15) gallon. 6. Street Trees. Street trees shall be provided per City standards. D. Artificial Turf. Artificial turf, or the use of Landscape Water Conservation methods (Xeriscape) for enhancing a residential property may be approved by the approval authority through the Site Plan review process. Artificial turf, where permitted, shall comply with the following criteria: 1. Artificial turf shall have a minimum eight-year no fade warranty. 2. Artificial turf shall be installed by a licensed professional and shall be installed pursuant to manufacturer s requirements. 3. Artificial turf shall be installed and maintained to effectively simulate the appearance of a well-maintained lawn. The turf shall be maintained in a green fadeless condition and shall be maintained free of weeds, debris, tears, holes, and depressions. 4. The use of poor quality indoor and/or outdoor plastic or nylon carpeting (at a quality of material that does not simulate the appearance of a wellmaintained lawn as determined by the Community Development Department) as a replacement of artificial turf or natural turf is prohibited. 5. Areas of living plant material (i.e., flower beds, tree wells, etc.) shall be included within the overall landscape design within the front, side, and rear yards, as well as common areas when installing artificial turf. 6. Artificial turf shall be separated from planters by a concrete mow strip, bender board, or other barrier acceptable to the City in order to prevent intrusion of living plant material into the artificial turf. E. Xeriscape. Xeriscape is a landscaping method, devoted to water conservation that uses a combination of decorative rock features and drought tolerant plants in the overall landscape project. The City considers Xeriscape as an alternative option to conventional landscaping. Applicants proposing Xeriscape as part of their landscaping project should present a conceptual plan to the Community Development Department for a preliminary review. The use of a visual conceptual design is encouraged. 15

16 The conceptual plan should include, but not be limited to: 1. Area and design plan showing the major elements of the project (main structure, drive ways, sidewalks, parking lot, trees and other flora features, et cetera). 2. Planting plan and plant palette. 3. Soil amendment information. 4. Irrigation plan, layout, and components. 5. Natural or engineered rock/tree features. Applicants proposing Xeriscape as part of their landscape project should contact the City s Community Development Department for more information. Applicants should note that Xeriscape is not a substitute for a landscaping plan. TABLE TREES REQUIRED IN RESIDENTIAL ZONES Feature/Density L M MH H Number of trees/gross acre Percentage of 48-inch box or larger 0 0 5% 10% trees Percentage of 36-inch box trees 0 10% 5% 10% Percentage of 24-inch box trees 0 10% 20% 10% Percentage of 15-gallon trees 100% 80% 70% 70% Section Removal and Replacement of Required Landscaping Plant material removed from a project in which the Community Development Department has approved the landscape plan shall be replaced with the following replacement sizes: shrubs five (5) gallon size; ground cover flats. Size of replacement trees shall be determined by the Community Development Department based on the conditions of the property. Trees removed or severely and improperly trimmed shall be replaced with an appropriately sized tree as determined by the Community Development Department. Section Maintenance Requirements and Violations A. Maintenance. Landscaping, including Xeriscape, shall be maintained in a neat and healthy condition. Maintenance of landscaping areas shall include, but not be limited to, the following: 1. All landscaped areas shall be maintained in a clean, weed free and disease free manner at all times. Property owners/tenants shall periodically inspect their property to assure that all plants are live and healthy, that irrigation systems, control devices and timers are functioning properly and remain properly installed, that dead or dying plants are replaced and that all areas utilizing mulch, decorative rock or other aesthetic treatments are consistent with the plans originally installed, inspected and approved by the City. 2. Irrigation equipment (controllers, valves, piping, electronics, etc.) shall be in good working condition in accordance with City landscape standards at all 16

17 times. 3. Litter shall be removed from all landscaped areas in a timely manner. 4. Lawn areas shall be mowed on a regular basis. Lawn areas shall be kept green in accordance with seasonal variations. Accumulation of leaves, bark and other similar plant materials shall be removed in a timely fashion. Planting areas shall be weed-free. 5. Landscaping maintenance, including Xeriscape, shall include pruning, cultivating, weeding, fertilizing, mowing, replacement of dead and diseased plants, and watering on a regular basis. 6. Landscape maintenance, including Xeriscape, shall also include pruning or removal of overgrown vegetation, cultivated or uncultivated, that is likely to harbor rats, vermin or other nuisances, or that causes an eyesore detriment to neighboring properties or property. 7. Landscape maintenance, including Xeriscape, shall also include the removal of trees that pose a safety hazard; trees that are dead, decayed, or diseased; weeds and debris constituting unsightly appearance, present a danger to public safety and welfare or that cause an eyesore detriment to neighboring properties or property values. Compliance shall be achieved by removal, replacement, or adhering to the prescribed maintenance requirements. 8. Any removal of mature landscaping must be replaced with landscaping of similar size and maturity as that which was removed unless otherwise approved by the Community Development Department. B. Prohibition on Use of Landscaped Areas. Use of landscaped areas for purposes other than for landscaping as approved in the landscape plan or as an approved amenity by the approval authority is prohibited. C. Delegation. The City may delegate to, or enter into a contract with, a local agency to implement, administer, and/or enforce the requirements of this Chapter on behalf of the City. Section Park Development Design Plans A. When a park project, public or private, is required by this Chapter, that project shall be submitted, reviewed and approved as detailed within the Park Development Design Guidelines adopted by Planning Commission Resolution, as may be amended from time to time. In addition, such developments are required to comply with provisions within Chapter 9.88 Landscaping and Water Efficiency of this Article. B. As detailed within the Park Development Design Guidelines, all park project submissions shall include information addressing the following: 17

18 1. Site Project Planning 2. Grading and Drainage 3. Paving, Walkways and Mow Curbs 4. Trails 5. Fencing and Walls 6. Parking Areas 7. Trash Enclosures 8. Site Furniture 9. Signs (warning signs, rules of conduct, hours of operation, etc.) 10. Playgrounds and Equipment (Tot Lots) 11. Prefabricated Picnic Shelters 12. Sports Courts 13. Multi-Purpose Fields (Softball and Soccer Turf Areas) 14. Site and Sports Field Lighting 15. Irrigation 16. Planting 17. Synthetic Turf 18. Requirements and Standards for All Buildings 19. Operations and Maintenance Schedule for All Site Improvements 20. Comfort Stations 21. Pet Waste Stations 22. Recreation Centers 23. Aquatics Facilities 24. Graffiti Protection Section Tree Preservation Regulations The following general provisions shall apply to tree removal in an effort to preserve other trees which are in good health and which do not pose a safety threat. A. Trees Overhanging a Street. Pruning of branches is required so that branches shall not significantly obstruct a streetlight or the view of a street intersection. There shall be a clear space of fourteen feet six inches (14' 6") above the surface of the street and eight (8) feet above the sidewalk. The owner shall remove all dead, diseased, or dangerous trees or portions of trees with broken or decayed limbs which may pose a threat to public safety. B. Nuisance Trees. The following trees may be considered a nuisance by the City and are required to be either pruned or removed: 1. Any tree that interferes with proper traffic sight distances, or the visibility of any traffic-control device or sign. 2. A tree which poses a hazard to life and property or harbor harmful insect(s), fungi, or disease(s) which may pose a threat to other trees within the City. 3. A tree, due to its overall growth, location or root expansion, may negatively impact sewers, power lines, gas lines, waterlines, paved walkways, roadways, curbs or other public improvements. 18

19 4. A tree which presents a risk of damage to public facilities, paved walkways and curbs or is in violation of the Americans with Disabilities Act. C. Credit for Tree Preservation. Where new tree installation is required by this Chapter, the following incentive to preserve existing trees shall be allowed. Existing healthy trees, with a six (6) inch or larger trunk diameter measure at four (4) feet from the surrounding grade shall be replaced on a three-to-one ratio if removed in addition to any other new tree installation required. Existing healthy trees, with a six (6) inch or larger trunk diameter measure at four (4) feet from the surrounding grade which are retained on site shall be credited towards the tree installation requirements of this Chapter on a one-to-two ratio (one tree saved equals a two tree credit towards the installation of new trees required). D. Conflict Between Structures and Protected Trees. In case of a conflict between the proposed structure location and a protected tree, all reasonable alternatives shall be considered for revising the location of the structure prior to removal of a heritage tree, protected tree or trees. E. Use of Explosives. Persons engaged in felling or removing trees, and desirous of using explosives for this purpose within the City limits, shall obtain approval to use explosives from the Building and Safety Department and Fire Department. The approval shall be noted on the Tree Removal Permit prior to issuance of same by the Community Development Department or Planning Commission. Additionally, the applicant shall furnish a bond for the protection of surrounding property from any possible damage which might result from demolition activity. F. Harming Parkway Trees. It is unlawful for any person or entity to willfully and intentionally destroy, deface or injure a parkway tree. G. Physical Damage. 1. No person shall construct or cause to be constructed any private hardscape improvement which prevents the free access of water to the root zone of a parkway tree without prior approval of the Community Services Department and/or Public Works Department. 2. The construction, installation, or placement of any object or barrier which infringes upon the root crown of a parkway tree is prohibited without prior approval of the Community Services Department and/or Public Works Department. 3. Any mechanical damage to the root crown on any parkway tree which results in girdling of the cambium layer is prohibited. H. Weakening. Ivy or climbing vines growing adjacent to a parkway tree shall be 19

20 maintained away from the trunk and canopy of the tree by the property owner. I. Tree Protection. Parkway trees shall be sufficiently shielded to prevent injury during any repair, alteration or removal of a house or structure. Protection shall include, but not be limited to, chain-link fencing, staking, etc. J. Root Protection When Trenching. During construction where trenching around parkway trees is necessary, the pathway of the trench shall be dug making every reasonable effort to avoid the tree's drip line. In those cases where an alternative trenching route is not possible, tunneling under woody roots rather than cutting such roots shall be preferable to preserve roots two inches or greater in diameter. When roots must be cut, sharp saws shall be used to make clean, non-frayed cuts. K. Topping prohibited. Topping is prohibited, except as deemed necessary by the City s qualified tree care specialist. L. Clearance requirement of trees. All parkway trees shall be kept trimmed, to a minimum vertical clearance of fourteen feet six inches (14' 6") over the street. M. Trees on private property. Trees growing on private property which overhang the street or sidewalk shall be trimmed so that they vertically clear the sidewalk by eight (8) feet or more. The trees must vertically clear the street by fourteen feet six inches (14' 6") or more. It is the responsibility of the property owner on whose property trees are standing to conduct this trimming. N. Trimming by contiguous property owner. A property owner who wishes to trim a tree(s) in the street right-of-way or parkway abutting his/her property must first obtain a permit from the Public Works Department, and then have such work performed by a licensed, bonded company from a list approved by the Community services and Public Works Departments. A property owner who wishes to trim a tree(s) in a public park, public open space or City trail area abutting his/her property must first obtain a permit from the Community Services Department, and then have such work performed by a licensed, bonded company from a list approved by the Community services and Public Works Departments. O. Removal by contiguous property owner. The Parks, Recreation and Trails Commission shall review and decide upon any request of a private property owner to remove a tree, bush or other significant plant material within a street right-of-way or parkway. The Park, Recreation and Trails Commission shall review and decide upon any request of a private property owner to remove a tree, bush or other significant plant material within a public park, public open space or City trail area. P. Plants in parkway. The property owner whose property abuts the sidewalk or parkway in which their plants or shrubs are growing shall keep such plants or shrubs trimmed three (3) inches back of the curb or sidewalk line, and to a 20