Avenal Municipal Code Ch. 7 Landscaping Requirements

Sections:

• 8-7.01 Scope.
• 8-7.02 Purpose.
• 8-7.03 Definitions.
• 8-7.04 General requirements.
• 8-7.05 Requirements for Zone Districts RRE and R.
• 8-7.06 Requirements for Zone Districts RM, PO, T, CC, CS, CH, CN and IG.
• 8-7.07 Paved parking lot requirements.
• 8-7.08 Penalties.
• 8-7.09 Public nuisance. 8-7.01 Scope. All new residential, commercial and industrial construction shall comply with the landscaping requirements set out in this chapter. (Ord. 91-04 § 2, 1991)

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 37 8-7.02 Purpose. The City desires to regulate land use in order to stabilize economic and social aspects of the City's neighborhoods and business districts, to promote aesthetic considerations, to promote family environments, and to maintain consistent standards for basic residential, business and industrial sites. (Ord. 91-04 § 3, 1991) 8-7.03 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application: (a) "Appeal" means a request for a review of the Building Official's interpretation of any provision of this chapter or a request for a variance. (b) "Building Official" means the City Manager or any assistant or regular employee designated by him to act in his stead. (c) "Climate Zone 9" is defined in the most current edition of Sunset New Western Garden Book. (d) "Corner lot" means a lot situated at the intersection of two (2) or more streets which have an angle of intersection of not more than one hundred thirty-five (135) degrees. (e) "Enforcement agency" means the City Building Department or its designee. (f) "Landscape" means trees, shrubs, ground cover, mail boxes, lights, trellises, or any similar growth or structure. (g) "Landscape architect" is as defined in Business and Professions Code Section 5536(a). (h) "Landscape contractor" means a person, firm or corporation which holds a valid C-27 contractor's license issued by the State of California. (i) "New construction" means structures not presently in existence and shall not include additions or alterations to existing structures. (j) "Paved parking lot" shall include parking stalls, driveways and maneuvering areas. (k) "Zone districts" is as defined in Title 9 of this Code. (Ord. 91-04 § 4, 1991) 8-7.04 General requirements. (a) Every property owner or occupant shall be responsible for the maintenance and care of all trees, shrubs and vegetation required by this chapter and in the street right-of-way abutting such property. (b) Landscaping shall be kept free from weeds and undesirable grasses. (c) All vegetation shall be maintained free of physical damage or injury from lack of water, excess chemical fertilizer or other toxic chemical, blight, or disease, and any such vegetation which shows signs of such damage or injury at any time shall be replaced by the same, similar, or substitute vegetation of a size, form, and character which will be comparable at full growth. (d) Landscaped mounds shall not be constructed on natural slopes steeper than 2:1 or where the toe of the mound is within twelve (12) feet horizontally of the top of existing or planned cut slope. The slopes of the mound shall be no steeper than 2.5:1. The toe of the mound shall be set back from property boundaries as far as necessary for safety of the adjacent properties and to prevent damage resulting from water runoff or erosion of the slope. The toe of the mound shall be set back from any buildings as far as is necessary to prevent damage as a result of water runoff or erosion of the

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 38 slopes. In no case shall the toe of the mound be closer than five (5) feet of (from) any buildings. The toe of the mound abutting the street shall be set back from the sidewalk or street curb as far as necessary for safety of the sidewalk and street area, and to prevent damage resulting from water runoff or erosion of the slopes, but in no case shall the toe of the mound be closer than one foot of [from] the street right-of-way unless approved by the Building Official. All mounds shall be irrigated by an on-site sprinkler system and planted with vegetative material. (e) All new construction shall have an underground irrigation system. The irrigation system shall be designed to irrigate all plant material. The system shall be designed to supply adequate on-site water to grow healthy plants under Avenal's climatic conditions. The irrigation plan shall indicate the type of heads, pipe size, backflow valve, water supply size and flow rate in gallons per minute. (f) Where a landscaped area is required pursuant to this chapter, the owner or developer shall submit to the Building Official, for his review and approval, a plan of the landscaped area prepared by a licensed landscape architect or contractor. The plan shall include the names (scientific and common) of all plant material to be used. Such plan shall be approved by the Building Official prior to the issuance of building permits. (g) Root barriers shall be installed whenever trees are planted within ten (10) feet of any sidewalks, paved areas or structures. (h) Landscaped areas shall be sloped to drain away from all structures. (i) All planting materials shall be capable of growing in Climate Zone 9. (j) The use of drought tolerant planting material shall be encouraged. (k) In Zone Districts RRE, R, RM, PO, T, CC, CS, CH, CN and IG, no solid fence, wall, hedge, or foliage exceeding three (3) feet in height shall be erected, planted or maintained within the area of a corner lot, or a lot backing onto a street, described as follows: that area on the street side of a diagonal line connecting points measured from the intersection corner, twenty (20) feet on a minor street side of the lot and seventy (70) feet on the major street side of the lot. (l) The Building Official shall maintain a list of recommended trees for public review. (Ord. 91-04 § 5, 1991) 8-7.05 Requirements for Zone Districts RRE and R. (a) Corner lot. The front yard and side yard (facing a street) shall be landscaped. The front yard and side yard shall have a minimum of three (3) fifteen-gallon trees. Tree varieties shall be approved by the Building Official. One tree shall be within ten (10) feet of the back of the sidewalk in the front yard and within five (5) feet of the back of the sidewalk in the side yard. The third tree may be located elsewhere in the yard. (b) Interior lot. The front yard shall be landscaped. The front yard shall have a minimum of two (2) fifteen-gallon trees. The tree varieties shall be approved by the Building Official. One tree shall be located within ten (10) feet of the back of the sidewalk. The other tree may be located elsewhere in the front yard. (Ord. 91-04 § 6, 1991) 8-7.06 Requirements for Zone Districts RM, PO, T, CC, CS, CH, CN and IG. Each parcel or lot in these Zone Districts shall have a minimum of one fifteen-gallon tree for every two (2) parking spaces. (Ord. 91-04 § 7, 1991)

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 39 8-7.07 Paved parking lot requirements. (a) General. (1) Fifty (50) percent of paved parking lot's surface shall be shaded by tree canopies within fifteen (15) years of planting. (2) Trees planted to satisfy the requirements of these guidelines are landscaping as defined by this Code and are subject to established landscaping requirements. (b) Site plan required. A landscaping plan which details the degree of compliance with the Landscape Ordinance is required. The plan shall show: (1) All landscaped areas. (2) Tree canopies drawn to scale representing the estimated canopy at a fifteen-year growth period. (3) The total area in square feet of the paved parking lot, driveways, and maneuver areas; and the area shaded by tree canopies. A schedule listing total parking area, shaded area, and the percentage of parking area shaded should be included. (4) A schedule of the specific names of proposed trees and their sizes. (5) Such plan shall be approved by the Building Department prior to issuance of building permits. However, the plan is encouraged to be submitted at the time of site plan review. (c) Methodology. (1) To simplify the process of determining compliance, the true angle of deflection of natural sunlight shall not be considered. Shaded areas shall be assumed to be only those portions of a paved parking lot directly beneath the shading canopy or drip line. (2) Shading shall be provided by tree canopies except that any portion of a paved parking lot directly beneath and shaded by a man-made structure (overhangs and covered parking for instance) shall be deleted from the requirements of these performance standards and shall be subtracted from the area of the parking lot to be shaded. (3) Credit shall be given only for surface area shaded. Multiple canopies shading the same surface area will not be counted as multiple credit. (4) Landscape planters beneath the canopy may be considered as shaded paved parking areas for the purpose of determining compliance. (5) Where more than five (5) trees are to be planted in the entire parking area, tree species shall be mixed. (6) Trees planted along the perimeter of a lot may be counted as providing shade for the full area of their canopy. (7) If the degree of overlap between trees is less than fifteen (15) percent all trees may be counted as shading one hundred (100) percent of their canopy. If the degree of overlap is fifteen (15) percent or greater then it will be necessary to perform individual calculation to determine the area of shading. (8) A community service area, free from tree planting, may be allowed if a facility first demonstrates that it has met the minimum shading requirements on the overall site. (9) A ten (10) percent minor deviation of the shading standard may be approved by the Building Official in accordance with established procedures in this Code if it is found that the normal standards would impose an undue hardship. (d) Minimum tree requirements. (1) Provide one fifteen-gallon tree for every two (2) required parking spaces.

Title 8 BUILDING REGULATIONS Avenal, California, Code of Ordinances Page 40 (2) Disperse trees over the parking lot area to provide fifty (50) percent shading of the parking area surface within fifteen (15) years. Trees shall also be planted in the required landscaped areas along the periphery of the development in order to shade and enhance adjacent property and public rights-of-way. (3) Trees shall be maintained in good health. Trees shall not be topped to reduce the natural height or headed to reduce the overall crown of the tree. Thinning cuts are preferred to remove dead, diseased or dying growth and to establish well spaced and strong scaffold structure for public safety and shade value. (e) Minimum sight triangle. (1) Ten (10) feet in traffic areas. (2) Thirty (30) to thirty-five (35) feet at street intersections. (3) One hundred (100) feet at major street intersections. (4) Trees within triangle shall be trimmed up to eight (8) feet minimum above the surface of the parking lot. (5) Other landscaping (groundcover and shrubs) shall not exceed two and one-half (2½) feet above the parking surface. (Ord. 91-04 § 8, 1991) 8-7.08 Penalties. Any person, entity or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction. (Ord. 91-04 § 9, 1991) 8-7.09 Public nuisance. Any work in violation of the provisions of this chapter or any land use contrary to the provisions of this chapter shall be and is hereby declared to be unlawful and a public nuisance. The City Manager shall initiate all necessary legal proceedings for the abatement, removal and enjoinment necessary to accomplish these ends, and may apply to a court of competent jurisdiction to grant such relief as will abate the use and restrain and enjoin the person, firm or corporation or organization from maintaining or using the site contrary to the provisions of this chapter. The remedies prescribed by this section are cumulative and not exclusive. (Ord. 91-04 § 10, 1991)